[December 6, 2018 SENATE JOURNAL 1

26 ...... (D) SENATE JOURNAL 27 ...... Kelly Arthur Anthon (R) OF THE 28 ...... (R) 29 ...... Mark Nye (D) 30 ...... Dean M. Mortimer (R) 31 ...... (R) ORGANIZATIONAL SESSION 32 ...... Mark Harris (R) SIXTY-FIFTH LEGISLATURE 33 ...... (R) 34 ...... (R) 35 ...... Van T. Burtenshaw (R)

IN TESTIMONY WHEREOF, I have hereunto set my hand FIRST LEGISLATIVE DAY and affixed the Great Seal of the State of Idaho. Done at Boise,the THURSDAY, DECEMBER 6, 2018 Capital of Idaho, this Third day of December, in the year of our Lord, Two Thousand and Eighteen, and of the Independence of the United States of America, the Two Hundred and Forty-Third. Senate Chamber /s/ At the hour of 9 a.m. on Thursday, December 6, 2018, the Secretary of State members-elect of the Senate of the Sixty-fifth Idaho Legislature convened in the Senate Chamber of the Capitol in the City The Certificate of Election was ordered filed in the office of of Boise for an organizational session, President the Secretary of the Senate. presiding. Roll call showed all members present. The following Certificate of Election was read by the Secretary of the Senate: The Oath of Office was administered to the members of the Senate by President Little. STATE OF IDAHO OFFICE OF THE SECRETARY OF STATE Prayer was offered by Chaplain Montie Ralstin, Boise Valley Christian Communion, Boise, Idaho. CERTIFICATE OF ELECTION The Pledge of Allegiance was led by Sarah Jane McDonald, I, Lawerence Denney, Secretary of State of the State of Idaho Sergeant at Arms. and legal custodian of the records of elections held in the State of Idaho, do hereby certify that the following is a full, true, and On request by Senator Winder, granted by unanimous complete list of those elected to serve as members of the Senate of consent, the Senate advanced to the Fourth Order of Business. the First Regular Session of the Sixty-fifth Legislature, as shown by official records on file in my office: Reading of Communications DISTRICT NAME June 26, 2018 1 ...... Jim Woodward (R) Hon. C.L. "Butch" Otter 2 ...... (R) Governor, State of Idaho 3 ...... Don Cheatham (R) PO Box 83720 4 ...... (R) Boise, ID 83720-0010 5 ...... David Nelson (D) 6 ...... Dan G. Johnson (R) Dear Gov. Otter 7 ...... (R) I formally resign as the Senator from Legislative District 14 8 ...... Steven P. Thayn (R) in the Idaho State Senate at day's end July 29th, 2018. 9 ...... (R) 10 ...... Jim Rice (R) I have had the privilege of serving for the last 12 years in 11 ...... (R) both the House and the Senate representing the constituents of 12 ...... Todd M. Lakey (R) Northwest Ada County, it has been an honor to have been their 13 ...... (R) voice in the Idaho State Capitol. It has truly been a pleasure to work with so many great leaders in our State's Legislature, 14 ...... C. Scott Grow (R) Executive and Judicial branches finding working solutions as 15 ...... Fred S. Martin (R) our State and nation grow for the citizens of Idaho; I will miss 16 ...... (D) working with them. 17 ...... Maryanne Jordan (D) 18 ...... Janie Ward-Engelking (D) I have full faith and confidence that those who still serve and 19 ...... Cherie Buckner-Webb (D) those who will serve in my stead will continue to make decisions 20 ...... (R) in the best interests of all of us as we leave the legislature and 21 ...... Clifford R. Bayer (R) continue our lives within the great State of Idaho. 22 ...... (R) With the greatest respect for the legislative process and those 23 ...... (R) I have and do serve, I submit this resignation. 24 ...... (R) Sincerely yours, 25 ...... Jim L. Patrick (R) /s/ Marvin F. Hagedorn 2 SENATE JOURNAL December 6, 2018]

The correspondence will be filed in the Office of the The President administered the Oath of Office to President Secretary. Pro Tempore Hill. On request by Senator Winder, granted by unanimous On motion by Senator Winder, seconded by Senator Stennett, consent, the Senate advanced to the Eighth Order of Business. by unanimous voice vote Jennifer Novak was elected Secretary of the Senate for the Sixty-fifth Idaho Legislature. Messages from the Governor The President administered the Oath of Office to Secretary of the Senate Jennifer Novak. August 14, 2018

The Honorable Brad Little On motion by Senator Winder, seconded by Senator Stennett, President of the Senate by voice vote the Rules of the Senate and Joint Rules of the Senate Idaho Legislature and House of Representatives as adopted by the Second Regular Dear Mr. President: Session of the Sixty-fourth Idaho Legislature were adopted as the temporary Rules of the Senate and Joint Rules of the Senate I have the honor to inform you that I have appointed C. and House of Representatives of the First Regular Session of the Scott Grow of Eagle, Idaho, to the office of State Senator for Sixty-fifth Legislature of the State of Idaho. Legislative District 14, Ada County, State of Idaho.

This appointment is effective Tuesday, August 14, 2018, and On request by Senator Winder, granted by unanimous will continue until the next general election when the term of consent, the following roster of majority and minority leadership office expires. was ordered spread upon the pages of the Journal: As Always - Idaho, Esto Perpetua Majority Leader ...... Senator Chuck Winder /s/ C.L. "Butch" Otter Assistant Majority Leader ...... Senator Steve Vick Governor Majority Caucus Chairman...... Senator Kelly Arthur Anthon Minority Leader...... Senator Michelle Stennett THE OFFICE OF THE GOVERNOR Assistant Minority Leader ...... Senator Cherie Buckner-Webb EXECUTIVE DEPARTMENT Minority Caucus Chairman ...... Senator Maryanne Jordan BOISE, IDAHO CERTIFICATE OF APPOINTMENT At this time, the Senators selected their seats pursuant KNOW ALL PEOPLE, that pursuant to the provisions to Senate Rule 3(B). On request by Senator Winder, granted of Section 59-904A, Idaho Code, the District 14 Legislative by unanimous consent, the seats, as presently occupied, were Committee of the Republican Party has submitted a list of three permanently assigned to the Senators for the Sixty-fifth Idaho names for consideration in filling a vacancy in the Idaho State Legislature. Senate. On motion by Senator Winder, seconded by Senator Stennett, NOW, THEREFORE, I, C.L. "Butch" Otter, Governor of the by voice vote the Senate recessed at 9:23 a.m. until the hour of State of Idaho, by virtue of the authority vested in me do hereby 2 p.m. of this day. appoint C. Scott Grow of Eagle, Idaho, to the office of State Senator, District 14, for a term commencing on August 14, 2018, RECESS and continuing until the next general election when the term of AFTERNOON SESSION office expires. The Senate reconvened at 2 p.m., pursuant to recess, IN TESTIMONY WHEREOF, I have hereunto set my hand President Little presiding. and caused to be affixed the Great Seal of the State of Idaho in Boise on this 14th day of August in the year of our Lord Roll call showed all members present except Senator two-thousand and eighteen and of the Independence of the Brackett, absent and excused. United States of America the two hundred forty-third and of the Prior to recess the Senate was at the Tenth Order of Business, Statehood of Idaho the one hundred twenty-ninth. Motions and Resolutions. /s/ BY THE GOVERNOR C.L. "BUTCH" OTTER /s/ SECRETARY OF STATE LAWERENCE DENNEY On motion by Senator Winder, seconded by Senator Stennett, by voice vote the following committee assignments were The correspondence and Certificate of Appointment were approved for the Sixty-fifth Idaho Legislature: ordered filed in the office of the Secretary of the Senate. AGRICULTURAL AFFAIRS (9) Guthrie, Chairman On request by Senator Winder, granted by unanimous Den Hartog, Vice Chairman consent, the Senate advanced to the Tenth Order of Business. Patrick Jordan Bayer Nelson Motions and Resolutions Harris Mortimer On motion by Senator Winder, seconded by Senator Stennett, Lent by unanimous voice vote Senator Brent Hill was elected President Pro Tempore of the Senate for the Sixty-fifth Idaho Legislature. [December 6, 2018 SENATE JOURNAL 3

COMMERCE AND HUMAN RESOURCES (9) Patrick, Chairman STATE AFFAIRS (9) Agenbroad, Vice Chairman Lodge, Chairman Martin Ward-Engelking Lakey Burgoyne Harris, Vice Chairman Guthrie Hill Stennett Thayn Winder Buckner-Webb Souza Vick Anthon EDUCATION (9) Souza Mortimer, Chairman Thayn, Vice Chairman TRANSPORTATION (9) Winder Buckner-Webb Brackett, Chairman Den Hartog Ward-Engelking Crabtree, Vice Chairman Cheatham Winder Buckner-Webb Woodward Den Hartog Nelson Lent Lodge Rice FINANCE (10) Burtenshaw Bair, Chairman Johnson, Vice Chairman Lee Ward-Engelking On request by Senator Winder, granted by unanimous Agenbroad Nye consent, President Little appointed a committee consisting of Crabtree Senator Lodge, Chairman, and Senators Lee and Stennett to Grow notify the Governor that the Senate is now organized and ready Burtenshaw to conduct business. Woodward The committee was excused. HEALTH AND WELFARE (9) Martin, Chairman On request by Senator Winder, granted by unanimous Souza, Vice Chairman consent, President Little appointed a committee consisting Heider Jordan of Senator Mortimer, Chairman, and Senators Harris and Lee Nelson Buckner-Webb to notify the House of Representatives that the Harris Senate is now organized and ready to conduct business. Crabtree The committee was excused. Burtenshaw The committee appointed to wait upon the Governor returned JUDICIARY AND RULES (9) and reported that the Governor sent his best wishes to the Senate Lakey, Chairman members. Lee, Vice Chairman Lodge Burgoyne The committee was discharged. Anthon Nye Thayn The committee appointed to wait upon the House of Grow Representatives returned and reported that they had conveyed Cheatham the message to the House and the House expressed their best wishes for a productive session. LOCAL GOVERNMENT AND TAXATION (9) Rice, Chairman The committee was discharged. Bayer, Vice Chairman Hill Burgoyne On request by Senator Winder, granted by unanimous consent, the Senate advanced to the Fifteenth Order of Business. Vick Nye Guthrie Miscellaneous Business Anthon Grow Senator Brackett was recorded present at this order of business. RESOURCES AND ENVIRONMENT (9) Heider, Chairman On motion by Senator Winder, seconded by Senator Stennett, Brackett, Vice Chairman by voice vote the Organizational Session of the of Bair Stennett the Sixty-fifth Legislature adjourned Sine Die in honor of Lt. Bayer Jordan Governor Little's 8 years of service as a member of the Senate, Johnson his ten years serving as the President of the Senate, and for his Mortimer service to the State of Idaho at 2:45 p.m., Thursday, December Patrick 6, 2018. BRAD LITTLE, President Attest: JENNIFER NOVAK, Secretary

[January 7, 2019 SENATE JOURNAL 5

SENATE JOURNAL I formally resign my position as the Senator from Legislative District 21 in the Idaho State Senate at 9 a.m., January 7, 2019. OF THE I am humbled by having had the honor and privilege of serving in the Idaho State Legislature for fifteen years, the IDAHO LEGISLATURE last six having been in the State Senate. I am grateful for having been entrusted with such significant responsibilities and FIRST REGULAR SESSION the opportunity to truly appreciate our noble State legislative SIXTY-FIFTH LEGISLATURE institution. I will be forever grateful for this wonderful, life changing experience as provided for by the endeared Idahoans of Legislative District 21. I am also grateful for all the thoughtful colleagues I have FIRST LEGISLATIVE DAY worked with over these many years, as collaborators, mentors and MONDAY, JANUARY 7, 2019 friends. Indeed, so many have been part of wonderful memories and are genuine lifelong friends. In my departure, I further submit that fulfill the Senate Chamber duties of representing Legislative District 21 as State Senator, as provided for by the assumption of powers and duties of legislator At the hour of 12 noon on Monday, January 7, 2019, the by emergency interim successor in Idaho Statute 67-423a, until time established for the convening of the First Regular Session a qualified individual is appointed to the vacancy pursuant to of the Sixty-fifth Idaho Legislature, the members of the Senate Section 59-904a. convened in the Senate Chamber of the Capitol in the City of Boise, President Janice McGeachin presiding. I submit this resignation, with heartfelt appreciation for the Legislative institution and process of which I have been blessed. Roll call showed all members present except Senator Bayer, absent and formally excused by the Chair. Sincerely yours, /s/ Clifford R. Bayer Prayer was offered by Chaplain Montie Ralstin.

On request by Senator Winder, granted by unanimous On request by Senator Winder, granted by unanimous consent, the Sergeant-at-Arms, Sarah Jane McDonald, escorted consent, the Senate Sergeant-at-Arms, Sarah Jane McDonald, the Idaho State Police Honor Guard into the Senate chambers to escorted Regina Bayer into the Senate Chambers for the purpose present and post the colors of the Sixty-fifth Idaho Legislature. of receiving the Oath of Office, pursuant to Idaho Code 67-423a. Senator Bayer was recorded present at this order of business. The Pledge of Allegiance was led by Sergeant-at-Arms, Sarah Jane McDonald. On request by Senator Winder, granted by unanimous consent, the Senate advanced to the Tenth Order of Business. President Pro Tempore Hill provided a brief history of the Idaho State flag flown over the domes of the House and Senate Motions and Resolutions Chambers during each session of the Legislature. He explained On request by Senator Winder, granted by unanimous that the flags represent the spirit of our citizens and serve as a consent, President McGeachin appointed a committee consisting symbol of Idaho's sovereignty. They further serve notice to the of Senator Guthrie, Chairman, and Senator Jordan to escort the State that the Legislature, the elected representatives of all the committee from the House of Representatives into the Senate citizens of Idaho, is in session. The flags are raised when the Chamber. Representatives Youngblood and Harris informed the Legislature convenes and will be retired when the Legislature Senate that the House is now organized and ready to conduct adjourns sine die. President McGeachin presented the Idaho business. State flag to the Honor Guard to be raised above the Senate Chamber to fly during the First Regular Session of the Sixty-fifth The Senate committee was discharged. Idaho Legislature and the Honor Guard exited the Chamber. On request by Senator Winder, granted by unanimous On request by Senator Winder, granted by unanimous consent, President McGeachin appointed a committee consisting consent, the Senate Sergeant-at-Arms, Sarah Jane McDonald of Senator Brackett, Chairman, and Senators Lee and Nye to escorted Senator Buckner-Webb into the well of the Senate notify the Governor that the Senate is now organized and ready Chamber for the purpose of singing America, the Beautiful. to conduct business. On request by Senator Winder, granted by unanimous The committee was excused. consent, the Senate advanced to the Fourth Order of Business. On request by Senator Winder, granted by unanimous Reading of Communications consent, President McGeachin appointed a committee consisting of Senator Thayn, Chairman, and Senators Burtenshaw and January 7, 2019 Ward-Engelking to notify the House of Representatives that the Senate is now organized and ready to conduct business. Honorable Brad Little Governor, State of Idaho The committee was excused. PO Box 83720 Boise, ID 83720-0010 The committee appointed to wait upon the Governor returned and reported that the Governor sent his best wishes to the Senate Dear Governor Little: members. 6 SENATE JOURNAL January 7, 2019]

The committee was discharged. On request by Representative Moyle, granted by unanimous consent, the Speaker appointed three committees to wait upon The committee appointed to wait upon the House of the Supreme Court Justices and Appellate Court Judges, the Representatives returned and reported that they had conveyed elected officials, and the Governor and escort them to the House the message to the House and the House expressed their best Chamber. wishes for a productive session. The Speaker appointed Senators Lakey and Burgoyne, and The committee was discharged. Representatives Dayley and McCrostie as the committee to wait On request by Senator Winder, granted by unanimous upon and escort the Supreme Court Justices and Appellate Court consent, the Senate returned to the Ninth Order of Business. Judges to the House Chamber. Messages from the House The Speaker excused the committee. January 7, 2019 The Speaker appointed Senators Vick and Buckner-Webb, and Representatives Gibbs and Wintrow as the committee to wait Dear Madam President: upon and escort the elected officials to the House Chamber. I transmit herewith HCR 1, which has passed the House. The Speaker excused the committee. MAULIN, Chief Clerk The Speaker appointed Senators Winder and Stennett, and HCR 1 was filed for first reading. Representatives Moyle and Erpelding as the committee to wait upon and escort the Governor to the House Chamber. On request by Senator Winder, granted by unanimous consent, the Senate advanced to the Eleventh Order of Business. The Speaker excused the committee. Introduction, First Reading, and Reference of Bills, The committees appointed by the Speaker returned and House Petitions, Resolutions, and Memorials escorted the Supreme Court Justices, Appellate Court Judges, the elected officials, and the Governor into the House Chamber HCR 1, by Moyle and Erpelding, was introduced and read where they were presented to the Joint Session by the Speaker. at length. The Speaker introduced His Excellency, the Governor of the Moved by Senator Winder, seconded by Senator Stennett, State of Idaho, Brad Little, and the following State of the State that all rules of the Senate interfering with the immediate and Budget Address was delivered by the Governor: consideration of HCR 1 be suspended. The question being, "Shall the rules be suspended?" Mr. Speaker, Mr. Pro Tem, Madam President, honored Roll call resulted as follows: legislators, my fellow constitutional officers, Mr. Chief Justice and members of the judiciary, my family, friends, and my fellow AYES–Agenbroad, Anthon, Bair, Bayer, Brackett, Idahoans. Buckner-Webb, Burgoyne, Burtenshaw, Cheatham, Crabtree, Den Hartog, Grow, Guthrie, Harris, Heider, Hill, Johnson, Before I begin, let me acknowledge our new First Lady, Jordan, Lakey, Lee, Lent, Lodge, Martin, Mortimer, Nelson, Nye, Teresa, and our family – Adam and Angela, and David and Patrick, Rice, Souza, Stennett, Thayn, Vick, Ward-Engelking, Kelsey. A friend of mine refers to his wife as gravity, for her Winder, Woodward. Total - 35. ability to keep him grounded. Teresa serves that purpose for me as well as the whole state of Idaho. More than two-thirds having voted in the affirmative, the President declared the rules suspended and announced that It is humbling to address you as Idaho’s 33rd Governor. I’m HCR 1 was before the Senate for final consideration. used to a slightly different vantage point during this speech. I was here more than 42 years ago as a legislative intern. Legislators – On motion by Senator Winder, seconded by Senator Stennett, I look forward to working with you to achieve our shared vision HCR 1 was adopted by voice vote, title was approved, and the of making Idaho the best possible place to live for this generation resolution ordered returned to the House. and future generations of Idahoans. The Senate advanced to the Twelfth Order of Business. I stand on the shoulders of great men and women who have Second Reading of Bills mentored me along my way. Many are in this room today. Thank you for guidance and support. On request by Senator Winder, granted by unanimous consent, the Senate went at ease for the purpose of attending a As Idaho’s new commander-in-chief, I want to thank the men joint session to hear the Governor's State of the State and Budget and women serving in the Idaho National Guard. Last summer, Address. our Idaho Army Guard deployed three Blackhawk MEDEVAC helicopters and their crews to Afghanistan. Godspeed, and I look JOINT SESSION forward to welcoming them home this spring. Pursuant to HCR 1, the hour of 1 p.m. having arrived, the Please join me in thanking Adjutant General Mike Garshak, members of the Senate entered into the House Chamber and met all members of the Guard, and Idaho’s veterans – past and present in Joint Session with Speaker Bedke presiding. – for their service to our nation. Roll call of the House showed all members present. Let me say something about my predecessor and partner Roll call of the Senate showed all members present. these past 10 years. Governor Butch Otter led Idaho during a challenging time in our history, facing down the worst recession Prayer and the Pledge of Allegiance was offered by Chaplain in 70 years. Now, Idaho is the fastest growing state in the country. Tom Dougherty. Let us honor his legacy by keeping our budget balanced while [January 7, 2019 SENATE JOURNAL 7 investing in the future. Thank you for your service, Governor These companies and many others across Idaho ultimately Otter. offer our kids more opportunities to stay home or come back to Idaho. I stand here today not to reminisce about Idaho’s past, but to look to our future. Our state is on an incredible trajectory. With your help, I intend to lead us to the next level. As Governor, I will seek to reflect our shared Idaho values and aspirations. Making decisions with a long-term perspective means state government is fiscally sound and invests taxpayer dollars wisely. This means making decisions through one lens: the lens of ensuring the best possible opportunities for us, our children and Last year, we delivered one of the largest tax cuts in state grandchildren to remain in Idaho and enjoy our unparalleled history. As a result, state income and business tax rates are the quality of life. lowest since 1934. Idahoans are enjoying bigger paychecks. Making decisions with a long-term perspective means Even though sales tax and corporate tax revenues have been staying focused on creating a regulatory and tax environment robust, our personal income tax receipts are falling short. The where Idahoans can get good-paying jobs. federal tax code changed recently, but few Idahoans know they It means having world-class schools. need to update their tax withholdings. I am ordering the Tax Commission to do all they can to better inform taxpayers of It means delivering accessible and affordable healthcare. what they need to do to avoid a surprise income tax bill. It means giving citizens a reason to be confident in state My team is following this issue closely, confident revenues government, by making government responsive, transparent, and will eventually match the rapid pace of economic growth. Though accountable. we are confident, in true Idaho fashion, we will not spend money until it’s in the bank. My team of agency directors and administrators is mostly in place. A requirement for each of them is a commitment to My budget recommendation will balance our books and implementing our shared vision of creating the best possible fulfill important promises. opportunities for Idahoans to prosper. I’m humbled by their willingness to serve Idaho. I’d like them to stand and be I propose working together with you to set the stage next year recognized. – using our budget surplus – to eliminate the grocery tax once and for all. From Boundary to Bear Lake counties, and Letha to Leadore, I can tell you with confidence— the state of our state is strong. Additionally, any new tax exemption should be tied to a proportional reduction in state spending or real income Idahoans’ incomes are the fastest growing in America. We generation. have the highest number of people employed in our state’s history. Due to the good work of the folks in this room, Idaho remains As a conservative, I will utilize all other mechanisms to a model for fiscal responsibility. ensure our state remains fiscally sound over the long-term. There is no shortage of success stories that reflect the strength It is prudent to live by the advice of Speaker Bedke’s of our state’s economy. grandfather: It won’t be the bad years that put you out of business; it’s what you did in the good years that sets you up for Woodgrain Millworks, a Fruitland-based family-owned failure or success. company operates sawmills and manufactures doors and windows. Under Kelly Dame, the company recently expanded As we review our state budget—we must ask key questions: in Nampa. They acquired and modernized the old sawmill in Emmett, assisting in our efforts for forest health. Is there too much spending on autopilot? Are we putting off maintenance that will cost our children more tomorrow? Do we The Dame sons— Brooks, Taylor, and Tanner— created have adequate rainy-day funds? How do we structure the surplus Proof Eyewear. They took a small company they started in eliminator? their garage and now sell wooden sunglasses in more than 20 countries. The family typifies the entrepreneurial spirit that These measures and my proposed budget ensure we avoid thrives in Idaho. In Idaho Falls, Brad LaPray founded BiologiQ the short-term fiscal mistakes that other states and the federal to create a useful plastic from the excess starch produced during government continue to make. potato processing. BiologiQ has grown from a simple concept into an industry-leading, sustainable bioplastics provider. It is Let’s talk about my number-one priority for our state budget: another example of an innovative Idaho company using waste education. Education policy requires long-term planning and and turning it into a thriving business. commitment. In Coeur d’Alene, Cody Peterson and Andy Huska founded These past four years, with the hard work of stakeholders Rohinni, a homegrown micro-LED manufacturer that’s become a and many legislators in this room, Idaho has a successful record leading technology company. They design robots that install lots of responsible investment in education. We have increased the of tiny LED lights on everyday electronic gear. Their business budget for our schools by 32 percent. This past year, Idaho is diversifying Idaho’s economy, adding to our growing tech teachers received one of the nation’s largest year-to-year pay sector, and providing high-wage careers. In Arco, Dragon Fly increases. Tarps manufactures custom tarps for the outdoor industry. The As Governor, I will continue our momentum and be an company just moved from the local business incubation center unrelenting advocate for educational excellence in our state. and continues to grow. 8 SENATE JOURNAL January 7, 2019]

To amplify the voices of those on the front lines of education, Most importantly, a strong education system helps ensure we I will create a Children’s Cabinet to advise me throughout my keep our best and brightest here in Idaho. term on a variety of education issues. My Children’s Cabinet will consist of traditional education stakeholders, parents, and groups From the roads you drive to take your children to school to across our state dedicated to advocating for children. the hunting licenses you purchase, like it or not, the state has a monopoly on many services citizens cannot provide themselves. Our Task Force on Public Education and its five-year plan With this role, comes responsibility and accountability to has been the envy of other states. It has been the force behind an Idahoans. unprecedented, sustained effort to improve Idaho education. As your Governor, I pledge to champion citizen confidence My budget recommendation implements the fifth year of the in state government. task force recommendations. This investment puts in place the next phase of increased teacher salaries. I’m also recommending I’ve been frustrated with the major shortcomings in customer an increase to the popular Advanced Opportunity program, which service at the Division of Motor Vehicles. The issues stem from saves Idaho families in tuition costs and provides stepping stones contracting procedures. I have asked my new director at the for students wanting to go-on to post-secondary opportunities that Department of Administration to identify critical lessons from best suit them. the DMV situation and provide a thorough review of our state purchasing and contract administration processes. Idahoans Now that we’ve agreed on a new Idaho Reading Indicator, I deserve an action plan for better results from government. want to boost our efforts for literacy. State government has a duty to protect the data citizens My budget recommendation proposes that we double literacy entrust to us. I chaired the Cybersecurity Task Force three years program funding to $26 million. ago and we have made progress on this important issue. The school districts will decide the best ways to use the Following these efforts, my budget recommendation lays funds to raise reading scores among their students. They will out a plan for IT and cybersecurity modernization. This effort choose from a variety of proven intervention methods such as will significantly reduce our cyber vulnerability and provide full-day kindergarten, reading coaches, and summer reading long-term savings with the ultimate goals of protecting citizens’ programs. The variety of methods recognizes no one kid is the data and building public confidence. same and that Boise may not have the solution for what works in Bonners Ferry or Blackfoot. There are other areas where we must maintain the trust of Idahoans. Our goal must be to ensure all kids begin at the same starting line in life. By the third grade, our students must learn to read so On election day over 60% of voters approved Medicaid they can read to learn. expansion. For months I made it clear I would honor the will of the people. I intend to work with you to implement Medicaid Our state still has many challenges when it comes to expansion using an Idaho approach. recruiting teachers. We need spring in our safety net so that there are multiple In addition to supporting the next phase of teacher salary pathways for the gap population to move off Medicaid and onto increases, my budget recommendation fulfills my promise to raise private coverage. starting teacher pay to $40,000 a year. While making health care available to low-income As we reward our educators we expect school districts individuals we should also do what we can to make affordable, to continue working with us on reporting measurements that accessible, quality health care available to all Idahoans. Idahoans need to validate increased education investments. An unintended outcome of the Affordable Care Act is that too We are proud of these efforts but there is still more to do. many people are priced out of health insurance coverage. In the past two years, the number of uninsured Idahoans increased by Drawing on the successful model we’ve been using, I invite 125,000 – almost double the gap population. As Idaho continues you to join me in creating an initiative I’m calling Our Kids, to enjoy the fastest-growing economy in the nation, the number Idaho’s Future. The charge of this broad-based task force will be of insured Idahoans should be increasing not decreasing. to look at our education system holistically and prioritize where we should invest the next available dollar. We must pursue strategies that contain health care costs. This initiative will provide Idaho’s next five-year blueprint That’s why I joined with Governor Otter last year in issuing for education investment and reform. an executive order on state-based individual market health plans. As Governor I will continue these efforts. These health care plans I will continue to focus on increasing Idaho’s go-on rates and are comprehensive and provide our citizens more affordable accomplishing our goal of having 60-percent of our 25- to 34-year choices. olds with a completed degree or a professional certificate. To do that, we must expand career technical opportunities. The fact is we have a proven track record of delivering Idaho solutions on health care. When Idaho opted for a state-run Further, my budget recommendation increases funding for health insurance exchange, we created an Idaho solution instead Opportunity Scholarship applicants, providing a market-based of adopting a federal one-size-fits-all mandate. approach to higher education funding, with money following the students and allowing them to choose the institution and degree Your Health Idaho has since been recognized as one of the that best fits their needs. best exchanges in the country. In my work on economic development, I know there’s I intend to continue developing Idaho solutions that bring a strong correlation between our education system and the health care costs down for all Idahoans. I have met with federal attractiveness of our state to entrepreneurs and businesses. partners to pursue alternatives for affordable health care plans. [January 7, 2019 SENATE JOURNAL 9

I will fight for state flexibility and state control to develop growth and economic development. The Idaho Department of Idaho solutions for Idaho families. Commerce spent the past year analyzing the statewide challenge of inadequate broadband. Public safety is one of the pillars of state government. Idahoans enjoy a high quality of life in part because we live in To ensure Idaho can adapt to the rapidly evolving digital one of the safest states in the nation. world, we must actively work to improve Idaho’s broadband access, pursuing all options to increase broadband connectivity. We must hold those who violate our laws accountable, but we I will work with the Legislature to ensure both rural and urban also must invest in changing their behavior, so our communities Idaho are connected and well-positioned to attract and create will be safer once offenders pay their debt to society. maximum success. My budget recommendation takes on this challenge in a way I am also committed to knocking down other barriers to that provides not only an increase in our prison capacity but also independence and prosperity. In May 2017, I issued the Licensing the resources needed to reduce the flow of inmates to our prisons. Freedom Act executive order. This will be done by expanding the St. Anthony Work Camp in eastern Idaho and opening a community reentry center in northern Late last year, I finalized a report that outlined the Idaho. scope of occupational licensing in Idaho and provided key recommendations. Working closely with the Legislature I intend In addition to providing timely relief to Idaho’s overcrowded to fulfill all recommendations from the Licensing Freedom Act prisons, these combined 220 beds focus specifically on helping – reducing regulatory burdens and improving customer service those in custody acquire critical skills to successfully transition while protecting the public. back into society after release. My first executive order as Governor will put in place two of Former offenders cannot be successful after reentry and on those recommendations: sunrise and sunset processes for future parole if we don’t have the necessary bed space and programs – occupational licensing laws. such as drug courts – to halt the revolving door. To reduce overall regulatory burdens on our citizens and Help for substance abuse is often only available once a businesses, I will issue another executive order requiring state person becomes an offender. There is a clear nexus between agencies to revoke two regulations for every new regulation they mental health and substance abuse. We must intervene in these want to implement. This commitment to cutting red tape will areas prior to individuals entering our criminal justice system. ensure we are governing with the lightest possible hand. Communities across Idaho face the scourge of opioid Looking long-term, we must address transportation addiction and other substance abuse problems. Fortunately, there deficiencies. I ask you to join me in looking at these long-term is a solid foundation of work on this issue. Two years ago, needs – specifically, the safety of our roads and bridges and the the Idaho Office of Drug Policy and the Department of Health necessary improvements to preserve our citizens’ most precious and Welfare convened a stakeholder group that put together a commodity: their time. It is critical that we provide the needed strategic five-year action plan on tackling the issue of opioid road capacity to get our people and products to their destinations addiction in Idaho. in the most efficient manner. We know the challenge is larger than just opioid addiction. All these efforts will help Idaho remain a beacon for Many problems that begin with opioids evolve into heroin and prosperity and opportunity in America. fentanyl. Agriculture remains the backbone of Idaho’s rural economy. Looking ahead, I will issue an executive order on substance As is often the case, agriculture is coping with the effects of abuse – formalizing this existing opioid plan, broadening these significant challenges, from commodity prices to transportation efforts, directing future resources, and creating non-offender and trade. programs for substance abuse. As they have for generations, progressive farmers and This makes the most sense because treating addicts and those ranchers meet these challenges by increasing their production with mental health problems in prison is expensive and often too and efficiency. Idaho’s wheat yield was up 15 percent and set a late. record this year. The barley yield is up 10 percent from last year, and alfalfa is up 19 percent. Idaho jumped Oregon to become As we seek ways to reduce health care costs and protect the the number two hop producing state in the nation. In the past 16 public, we also must make sure state government is reducing all years, Idaho’s dairy production has doubled. unnecessary barriers to prosperity. Idaho remains a heavily trade-dependent state, with around One barrier is the daunting financial reality facing first-time $2 billion in agricultural exports. When markets are open, homebuyers, particularly young people just starting their careers agriculture makes the most of those opportunities. When markets and families. are disrupted, we feel it. One specific proposal I will champion to help more Idahoans The profitability of Idaho agriculture and its ability to achieve the American Dream is the First-Time Home Buyer compete nationally and internationally is dependent upon the Savings Account. This account will encourage young families to time and cost of getting our products to consumers. set aside part of their pre-tax income to make a down payment on their first home. I look forward to working with you to increase rail access, address truck shortages, and reduce the burdens of federal Idaho is seeing unprecedented economic growth in many regulations. parts of the state. However, that growth has not been matched in all our communities. In my travels, I constantly hear how the You all know water is Idaho’s lifeblood, and we’ve made absence of adequate broadband infrastructure is a deterrent to great strides in protecting it. 10 SENATE JOURNAL January 7, 2019]

Under the leadership of the Water Resource Board, we The Idaho National Laboratory (INL) is one of our state’s have doubled our goal of refilling and replenishing our critically largest employers. It is a national asset dedicated to our energy important Eastern Snake Plain Aquifer, adding more water and security interests. this year than was removed. While this is an impressive accomplishment, this must be an ongoing effort. I have been impressed to see collaboration between the lab and our state’s universities. Those enhanced ties will result in Regardless of the water year, we must focus on expanding a more secure nation, a thriving laboratory, and strengthened the water infrastructure across our state. university programs. Most importantly, it presents opportunities for our state’s best and brightest students to work and raise their If water is Idaho’s lifeblood, our public lands are surely one families right here in Idaho. of our state’s greatest assets. Idaho-based collaboration is key to addressing the many issues facing public lands. Together, we With that in mind, I am pleased to announce that I am must responsibly manage and protect the special places that make authorizing the continuation of the Leadership in Nuclear Idaho unique. As Governor, I will work to expand access and Energy (LINE) Commission. The LINE Commission will remain tackle threats to our public lands. dedicated to advising us so we can promote the advancement of nuclear energy and ensure the vitality of the INL. This work will protect important industries for our economy. From motorized recreation, rafting, skiing, and hunting, to There is an incredible opportunity for Idaho, its businesses, hiking, fishing, and camping, Idaho’s outdoor recreation industry and its institutions of higher learning to lead our nation, and the generates billions in consumer spending each year and supports globe in pushing the new frontiers of safe, clean nuclear energy 78,000 jobs across the state. Iconic companies like Smith Optics, development. Buck Knives, CLIF Bar, Vista Outdoor, and numerous guides and outfitters call our state home. In addition to world class research, Idaho has one of the most affordable and sustainable energy supplies in America. It’s clean, Idaho’s lands and waterways provide unparalleled outdoor with a mix of hydroelectric, wind, and solar. This energy mix and recreation opportunities, enhancing the quality of life for low cost make Idaho competitive in attracting new industries. Idahoans and attracting visitors, which in turn power urban and rural economies across our state. I am intent on seizing this moment. Through the free market and the innovations at the INL, Idaho will continue to expand There are threats to our public lands that must be confronted. opportunities for clean and affordable energy for our citizens and the world. Wildfire is a part of living in the West. Several factors contribute to the increasing frequency Idaho is ready to lead. of catastrophic wildfires. These fires threaten public safety My friends, if we create an environment that brings about and pump millions of tons of pollutants into the air, harming economic prosperity, if we continue to invest and modernize the health of our citizens. They damage wildlife habitat and education, if we do what we can to make healthcare accessible contaminate our pristine waters. They disrupt our economy and and affordable, if we invest in our infrastructure, if we protect cost taxpayers millions of dollars every year. our natural resources, and if we assure citizen confidence in One of those threats is the buildup of fuels on our public government, we will keep our best and brightest here in Idaho. lands closest to where we live, work, and play. It is an honor to offer this State of the State to the interns, A few weeks ago, I signed a first-of-its-kind agreement pages, young viewers, and our children and grandchildren. When between Idaho and the U.S. Department of Agriculture. This they eventually occupy these seats here, in the People’s House – collaborative agreement will reduce wildfire risk, improve forest if we do the job before us now – I am confident they will thank health and enhance wildlife habitat, by actively managing more us in the decades to come. acres of federal forests. Thank you and God bless Idaho. The new “shared stewardship” approach unifies land The Speaker thanked Governor Little for his message. management activities that are now disjointed across federal, state, and privately-owned tracts. We’ll use all the tools available The committees came forward and escorted the Governor, the to us to reduce fuels around communities, including timber Supreme Court Justices, Appellate Court Judges, and the elected harvest, prescribed burns, and other activities. officials to their chambers and offices respectively, and were, on We’re already seeing a return on our investment in the Good their return, thanked and discharged by the Speaker. Neighbor Authority, a program that utilizes state employees and On motion by Moyle, seconded by Erpelding, by voice vote contracting processes for restoration work on federal lands. the State of the State and Budget Address was ordered spread Idaho is leading the country in our fresh, collaborative upon the pages of the House and Senate Journals. approach to land management. Other states have already reached On motion by Moyle, seconded by Erpelding, by voice vote out to Idaho for the Shared Stewardship blueprint we created the Joint Session was dissolved. with the Feds. The appointed committee came forward and escorted the In addition, there are now over 300 ranchers and farmers Senators from the House Chamber. who are members of nine rangeland fire protection associations across southern Idaho. The initial attack and intel they provide on The members of the Senate returned to the Senate Chamber. more than 9 million acres of Idaho’s rangeland have given Idaho significantly improved chances against the devastation of large On request by Senator Winder, granted by unanimous wildfires. consent, the Senate advanced to the Fifteenth Order of Business. [January 7, 2019 SENATE JOURNAL 11

Miscellaneous Business On motion by Senator Winder, seconded by Senator Buckner-Webb, by voice vote, the Senate adjourned at 2 p.m. until the hour of 11:15 a.m., Tuesday, January 8, 2019. JANICE MCGEACHIN, President Attest: JENNIFER NOVAK, Secretary 12 SENATE JOURNAL January 8, 2019] SENATE JOURNAL OF THE Balance as of December 31, 2018 $83,744.48 As Always - Idaho, Esto Perpetua IDAHO LEGISLATURE /s/ Brad Little Governor FIRST REGULAR SESSION SIXTY-FIFTH LEGISLATURE The correspondence was ordered filed in the office of the Secretary of the Senate. January 2, 2019 The Honorable Brad Little SECOND LEGISLATIVE DAY President of the Senate TUESDAY, JANUARY 8, 2019 Idaho Legislature Dear Mr. President: Senate Chamber I have the honor to inform you that Kyle Wills of Boise, Idaho, was appointed as the State Athletic Commissioner to serve President McGeachin called the Senate to order at 11:15 a.m. a term commencing October 1, 2018, and expiring October 1, 2022. Roll call showed all members present. This appointment was made subject to confirmation by the Prayer was offered by Chaplain Montie Ralstin. Senate. Notice of appointment is hereby given. The Pledge of Allegiance was led by Drew Bingham, 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 correspondence was ordered filed in the office of the Secretary of the Senate. The JUDICIARY AND RULES Committee reports that the Senate Journal of the proceedings of December 6, 2018, was read The Gubernatorial appointment was referred to the State and approved as corrected. Affairs Committee. January 2, 2019 LAKEY, Chairman The Honorable Brad Little There being no objection, the report was adopted and ordered President of the Senate filed in the office of the Secretary of the Senate. Idaho Legislature On request by Senator Winder, granted by unanimous Dear Mr. President: consent, the Senate advanced to the Eighth Order of Business. I have the honor to inform you that Allan Schneider Messages from the Governor of Garden City, Idaho, was reappointed as a member of the Commission for the Blind and Visually Impaired to serve a term January 7, 2019 commencing July 1, 2018, and expiring July 1, 2021. Jennifer Novak This appointment was made subject to confirmation by the Secretary of the Senate Senate. Notice of appointment is hereby given. Idaho State Legislature As Always - Idaho, Esto Perpetua Dear Madam Secretary: /s/ C.L. "Butch" Otter Governor As required by Section 57-1601, Idaho Code, I am transmitting the following report of the Governor's Emergency The correspondence was ordered filed in the office of the Fund for fiscal years 2018 and 2019. Secretary of the Senate. The Gubernatorial appointment was referred to the Health and Welfare Committee. Balance as of July 1, 2017 $83,744.48 January 2, 2019

No activity in fiscal year 2018 The Honorable Brad Little President of the Senate Idaho Legislature Balance as of June 30, 2018 $83,744.48 Dear Mr. President: I have the honor to inform you that Britt Raubenheimer No activity year-to-date in of Sandpoint, Idaho, was reappointed as a member of the Commission for the Blind and Visually Impaired to serve a term fiscal year 2019 commencing July 1, 2018, and expiring July 1, 2021. [January 8, 2019 SENATE JOURNAL 13

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 of the Secretary of the Senate. The Gubernatorial appointment was referred to the Health and Welfare Committee. January 2, 2019 The Honorable Brad Little President of the Senate Idaho Legislature Dear Mr. President: I have the honor to inform you that B.J. Stinger of Pocatello, Idaho, was appointed as a member of the Commission for the Blind and Visually Impaired to serve a term commencing July 12, 2018, and expiring July 1, 2021. 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 of the Secretary of the Senate. The Gubernatorial appointment was referred to the Health and Welfare Committee. 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 Stennett, by voice vote, the Senate adjourned at 11:28 a.m. until the hour of 11:15 a.m., Wednesday, January 9, 2019. JANICE MCGEACHIN, President Attest: JENNIFER NOVAK, Secretary 14 SENATE JOURNAL January 9, 2019]

SENATE JOURNAL January 2, 2019 OF THE The Honorable Brad Little President of the Senate IDAHO LEGISLATURE Idaho State Senate Dear Mr. President: FIRST REGULAR SESSION SIXTY-FIFTH LEGISLATURE I have the honor to inform you that Daniel Kunz of Boise, Idaho, was re-appointed as a member of the Idaho Energy Resources Authority to serve a term commencing June 30, 2018, and expiring June 30, 2023. This appointment was made subject to confirmation by the THIRD LEGISLATIVE DAY Senate. Notice of appointment is hereby given. WEDNESDAY, JANUARY 9, 2019 As Always - Idaho, Esto Perpetua /s/ C.L. "Butch" Otter Senate Chamber Governor President McGeachin called the Senate to order at 11:15 a.m. The correspondence was ordered filed in the office of the Roll call showed all members present except Senator Secretary of the Senate. Guthrie, absent and formally excused by the Chair. The Gubernatorial appointment was referred to the State Prayer was offered by Chaplain Montie Ralstin. Affairs Committee. The Pledge of Allegiance was led by Brigham Chelson, Page. January 2, 2019 The Senate advanced to the Third Order of Business. The Honorable Brad Little President of the Senate Idaho State Senate Reading and Correction of the Journal Dear Mr. President: The JUDICIARY AND RULES Committee reports that the Senate Journals of the proceedings of January 7, 2019 and I have the honor to inform you that Travis "Bear" Prairie January 8, 2019, were read and approved as corrected. of Idaho Falls, Idaho, was appointed as a member of the Idaho Energy Resources Authority to serve a term commencing August LAKEY, Chairman 8, 2018, and expiring June 30, 2023. There being no objection, the report was adopted and ordered filed in the office of the Secretary of the Senate. This appointment was made subject to confirmation by the Senate. Notice of appointment is hereby given. On request by Senator Winder, granted by unanimous consent, the Senate advanced to the Eighth Order of Business. As Always - Idaho, Esto Perpetua /s/ C.L. "Butch" Otter Governor Messages from the Governor The correspondence was ordered filed in the office of the January 2, 2019 Secretary of the Senate. The Honorable Brad Little The Gubernatorial appointment was referred to the State President of the Senate Affairs Committee. Idaho State Senate January 2, 2019 Dear Mr. President: The Honorable Brad Little I have the honor to inform you that Deborah Critchfield of President of the Senate Oakley, Idaho, was re-appointed as a member of the State Board Idaho State Senate of Education to serve a term commencing July 1, 2018, and expiring July 1, 2023. Dear Mr. President: This appointment was made subject to confirmation by the I have the honor to inform you that Mark Bowen of Meridian, Senate. Notice of appointment is hereby given. Idaho, was appointed as a member of the Board of Environmental As Always - Idaho, Esto Perpetua Quality to serve a term commencing July 27, 2018, and expiring /s/ C.L. "Butch" Otter July 1, 2022. Governor This appointment was made subject to confirmation by the The correspondence was ordered filed in the office of the 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 9, 2019 SENATE JOURNAL 15

The correspondence was ordered filed in the office of the As Always - Idaho, Esto Perpetua Secretary of the Senate. /s/ C.L. "Butch" Otter Governor The Gubernatorial appointment was referred to the Health and Welfare Committee. The correspondence was ordered filed in the office of the Secretary of the Senate. January 2, 2019

The Honorable Brad Little The Gubernatorial appointment was referred to the Judiciary President of the Senate and Rules Committee. Idaho State Senate January 2, 2019 Dear Mr. President: The Honorable Brad Little I have the honor to inform you that Richelle Sugiyama of President of the Senate Boise, Idaho, was appointed as a member of the Treasurer's Idaho State Senate Investment Advisory Board to serve a term commencing July 27, 2018, and expiring July 1, 2022. Dear Mr. President: This appointment was made subject to confirmation by the I have the honor to inform you that Dan Dinning of Bonners Senate. Notice of appointment is hereby given. Ferry, Idaho, was appointed as a member of the State Public Defense Commission to serve a term commencing July 10, 2018, As Always - Idaho, Esto Perpetua and expiring July 1, 2021. /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 of the Secretary of the Senate. As Always - Idaho, Esto Perpetua The Gubernatorial appointment was referred to the State /s/ C.L. "Butch" Otter Affairs Committee. Governor January 2, 2019 The correspondence was ordered filed in the office of the Secretary of the Senate. The Honorable Brad Little President of the Senate Idaho State Senate The Gubernatorial appointment was referred to the Judiciary and Rules Committee. Dear Mr. President: January 2, 2019 I have the honor to inform you that Todd Gill of Meridian, Idaho, was appointed as a member of the Treasurer's Investment The Honorable Brad Little Advisory Board to serve a term commencing July 27, 2018, and President of the Senate expiring July 1, 2022. Idaho State Senate 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 Brian Marx of Boise, As Always - Idaho, Esto Perpetua Idaho, was appointed as a member of the Sexual Offender /s/ C.L. "Butch" Otter Management Board to serve a term commencing November 16, Governor 2018, and expiring January 1, 2020. The correspondence was ordered filed in the office of the This appointment was made subject to confirmation by the Secretary of the Senate. Senate. Notice of appointment is hereby given. The Gubernatorial appointment was referred to the State As Always - Idaho, Esto Perpetua Affairs Committee. /s/ C.L. "Butch" Otter Governor January 2, 2019 The correspondence was ordered filed in the office of the The Honorable Brad Little Secretary of the Senate. President of the Senate Idaho State Senate The Gubernatorial appointment was referred to the Judiciary Dear Mr. President: and Rules Committee. I have the honor to inform you that Jonathan Loschi of January 2, 2019 Boise, Idaho, was appointed as a member of the State Public Defense Commission to serve a term commencing July 10, 2018, The Honorable Brad Little and expiring July 1, 2021. President of the Senate Idaho State Senate This appointment was made subject to confirmation by the Senate. Notice of appointment is hereby given. Dear Mr. President: 16 SENATE JOURNAL January 9, 2019]

I have the honor to inform you that Tim Murphy of Boise, Dear Mr. President: Idaho, was appointed as a member of the Idaho Fish and Game Commission to serve a term commencing November 28, 2018, I have the honor to inform you that Erik Olsen of Bonners and expiring June 30, 2022. Ferry, Idaho, was appointed as a member of the State Soil and Water Conservation Commission to serve a term commencing This appointment was made subject to confirmation by the July 10, 2018, and expiring July 1, 2023. Senate. Notice of appointment is hereby given. This appointment was made subject to confirmation by the As Always - Idaho, Esto Perpetua Senate. Notice of appointment is hereby given. /s/ C.L. "Butch" Otter Governor As Always - Idaho, Esto Perpetua /s/ C.L. "Butch" Otter The correspondence was ordered filed in the office of the Governor Secretary of the Senate. The correspondence was ordered filed in the office of the The Gubernatorial appointment was referred to the Secretary of the Senate. Resources and Environment Committee. The Gubernatorial appointment was referred to the January 2, 2019 Agricultural Affairs Committee. The Honorable Brad Little January 2, 2019 President of the Senate Idaho State Senate The Honorable Brad Little President of the Senate Dear Mr. President: Idaho State Senate I have the honor to inform you that Louis Fatkin of Idaho Dear Mr. President: Falls, Idaho, was appointed as a member of the Parks and Recreation Board to serve a term commencing March 1, 2018, I have the honor to inform you that Timothy Rarick of and expiring June 30, 2023. Rexburg, Idaho, was appointed as a member of the State Board This appointment was made subject to confirmation by the of Health and Welfare to serve a term commencing March 8, Senate. Notice of appointment is hereby given. 2018, and expiring January 1, 2021. 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 of the /s/ C.L. "Butch" Otter Secretary of the Senate. Governor The Gubernatorial appointment was referred to the The correspondence was ordered filed in the office of the Resources and Environment Committee. Secretary of the Senate. January 2, 2019 The Gubernatorial appointment was referred to the Health and Welfare Committee. The Honorable Brad Little President of the Senate January 8, 2019 Idaho State Senate The Honorable Janice McGeachin Dear Mr. President: President of the Senate Idaho Senate I have the honor to inform you that Jonathan Mark Browning of Meridian, Idaho, was appointed as a member of the Idaho Dear Madam President, State Racing Commission to serve a term commencing March 30, 2018, and expiring January 15, 2024. I am hereby transmitting to the Idaho State Senate a list of all gubernatorial appointments that have not been previously This appointment was made subject to confirmation by the communicated pursuant to title 67, section 803 of the Idaho Senate. Notice of appointment is hereby given. Code. As Always - Idaho, Esto Perpetua Additional appointments made during this session will /s/ C.L. "Butch" Otter be submitted forthwith with the appropriate corresponding Governor information for your consideration. The correspondence was ordered filed in the office of the Please do not hesitate to contact me if you have any Secretary of the Senate. questions. The Gubernatorial appointment was referred to the State Sincerely, Affairs Committee. /s/ Brad Little January 2, 2019 Governor of Idaho The Honorable Brad Little President of the Senate The correspondence was ordered filed in the office of the Idaho State Senate Secretary of the Senate. [January 9, 2019 SENATE JOURNAL 17

On request by Senator Winder, granted by unanimous JUDICIARY AND RULES (9) consent, the Senate advanced to the Tenth Order of Business. Lakey, Chairman Lee, Vice Chairman Lodge Burgoyne Motions and Resolutions Anthon Nye On motion by Senator Winder, seconded by Senator Stennett, Thayn by voice vote the following committee assignments were Grow approved for the Sixty-fifth Idaho Legislature: Cheatham

LOCAL GOVERNMENT AND TAXATION (9) AGRICULTURAL AFFAIRS (9) Rice, Chairman Guthrie, Chairman Grow, Vice Chairman Den Hartog, Vice Chairman Hill Burgoyne Patrick Jordan Vick Nye Harris Nelson Anthon Mortimer Lakey Lent Cheatham Bayer

RESOURCES AND ENVIRONMENT (9) COMMERCE AND HUMAN RESOURCES (9) Heider, Chairman Patrick, Chairman Brackett, Vice Chairman Agenbroad, Vice Chairman Bair Stennett Martin Ward-Engelking Johnson Jordan Lakey Burgoyne Mortimer Guthrie Patrick Thayn Guthrie Souza STATE AFFAIRS (9) Lodge, Chairman EDUCATION (9) Harris, Vice Chairman Mortimer, Chairman Hill Stennett Thayn, Vice Chairman Winder Buckner-Webb Winder Buckner-Webb Vick Den Hartog Ward-Engelking Anthon Crabtree Souza Woodward Lent TRANSPORTATION (9) Brackett, Chairman Crabtree, Vice Chairman FINANCE (10) Winder Buckner-Webb Bair, Chairman Den Hartog Nelson Johnson, Vice Chairman Lodge Lee Ward-Engelking Rice Agenbroad Nye Burtenshaw Crabtree Grow Burtenshaw On request by Senator Winder, granted by unanimous Woodward consent, the Senate advanced to the Fifteenth Order of Business. Miscellaneous Business HEALTH AND WELFARE (9) On motion by Senator Winder, seconded by Senator Stennett, Martin, Chairman by voice vote, the Senate adjourned at 11:34 a.m. until the hour Souza, Vice Chairman of 11:15 a.m., Thursday, January 10, 2019. Heider Jordan Lee Nelson JANICE MCGEACHIN, President Harris Burtenshaw Attest: JENNIFER NOVAK, Secretary Bayer 18 SENATE JOURNAL January 10, 2019]

Judiciary and Rules ...... Sharon Pennington SENATE JOURNAL Local Government and Taxation ...... Carol Waldrip OF THE Resources and Environment ...... Jamie Skrypkun State Affairs ...... Twyla Melton IDAHO LEGISLATURE Transportation ...... Gaye Bennett FIRST REGULAR SESSION Majority Staff Assistants: SIXTY-FIFTH LEGISLATURE Majority Staff Assistant ...... Tyler Brock Majority Staff Assistant ...... Bryce Delay Majority Staff Assistant ...... Machele Hamilton Majority Staff Assistant ...... Jon von Nieda Majority Staff Assistant ...... Abigail Williams FOURTH LEGISLATIVE DAY THURSDAY, JANUARY 10, 2019 Minority Staff Assistants: Chief of Staff ...... Annika Galliani Minority Staff Assistant ...... Oliver Cowan Senate Chamber Minority Staff Assistant ...... Richard Peebly President McGeachin called the Senate to order at 11:15 a.m. Minority Staff Assistant ...... Lindsay Virgin Roll call showed all members present except Senators Lakey Pages: and Stennett, absent and formally excused by the Chair; and Drew Bingham, Nampa Senator Ward-Engelking, absent and excused. Brigham Chelson, St. Anthony Prayer was offered by Chaplain Montie Ralstin. Sebastian Griffin, Nampa Chase Knott, Fruitland The Pledge of Allegiance was led by Sebastian Griffin, Page. Isaac Lee, Rigby Olivia Love, Star The Senate advanced to the Third Order of Business. Joseph Price, Boise Reading and Correction of the Journal Landen Richardson, Rigby Mariya Ricks, Shelley The JUDICIARY AND RULES Committee reports that the Emily White, New Plymouth Senate Journal of the proceedings of January 9, 2019, was read and approved as corrected. The question being, Shall the motion prevail? LAKEY, Chairman Roll call resulted as follows: There being no objection, the report was adopted and ordered filed in the office of the Secretary of the Senate. AYES–Agenbroad, Anthon, Bair, Bayer, Brackett, Buckner-Webb, Burgoyne, Burtenshaw, Cheatham, Crabtree, On request by Senator Winder, granted by unanimous Den Hartog, Grow, Guthrie, Harris, Heider, Hill, Johnson, Jordan, consent, the Senate advanced to the Tenth Order of Business. Lee, Lent, Lodge, Martin, Mortimer, Nelson, Nye, Patrick, Rice, Souza, Thayn, Vick, Winder, Woodward. Total - 32. Motions and Resolutions NAYS–None. Moved by Senator Winder, seconded by Senator Buckner-Webb, that the following attaches be elected to Absent and excused–Lakey, Stennett, Ward-Engelking. fill the offices provided for by the Constitution of the State of Total - 3. Idaho and by statute: Total - 35. Assistant to the Majority Leader ...... Cameron Cochems Assistant to the Asst. Maj. Leader ...... Jenny Smith Whereupon the President declared the attaches duly elected to their respective positions. On request by Senator Winder, Assistant to the Maj. Caucus Chairman ...... Peggy Moyer granted by unanimous consent, the Sergeant-at-Arms escorted Secretary to the Secretary of the Senate ....Tyler Leenknecht the attaches to the well of the Senate at which time the Oath of Journal Clerk ...... Jacob Rourk Office was administered to the elected attaches and they were Minutes Editor/Asst. Clerk...... Jessica Goodwin escorted from the Chamber. Sergeant at Arms ...... Sarah Jane McDonald Assistant Sergeant at Arms ...... Jerry Csutoras On request by Senator Winder, granted by unanimous Doorkeeper ...... Al Henderson consent, the Senate returned to the Eighth Order of Business. Messages from the Governor Committee Secretaries: January 2, 2019 Agricultural Affairs ...... Jacob Garner Commerce and Human Resources ...... Linda Kambeitz The Honorable Brad Little Education ...... LeAnn Mohr President of the Senate Finance ...... Elaine Leedy Idaho Legislature Health and Welfare ...... Margaret Major Dear Mr. President: [January 10, 2019 SENATE JOURNAL 19

I have the honor to inform you that Joe McNeal of Mountain Dear Mr. President: Home, Idaho, was re-appointed as a member of the Idaho Commission on Human Rights to serve a term commencing July I have the honor to inform you that Louise Stark of Challis, 1, 2018, and expiring July 1, 2021. Idaho, was re-appointed as a member of the Idaho Outfitters and Guides Licensing Board to serve a term commencing April 20, This appointment was made subject to confirmation by the 2018, and expiring April 20, 2021. Senate. Notice of appointment is hereby given. This appointment was made subject to confirmation by the As Always - Idaho, Esto Perpetua Senate. Notice of appointment is hereby given. /s/ C.L. "Butch" Otter Governor As Always - Idaho, Esto Perpetua /s/ C.L. "Butch" Otter The correspondence was ordered filed in the office of the Governor Secretary of the Senate. The correspondence was ordered filed in the office of the The Gubernatorial appointment was referred to the State Secretary of the Senate. Affairs Committee. The Gubernatorial appointment was referred to the January 2, 2019 Resources and Environment Committee. The Honorable Brad Little President of the Senate January 2, 2019 Idaho Legislature The Honorable Brad Little Dear Mr. President: President of the Senate I have the honor to inform you that Paul Jagosh of Boise, Idaho Legislature Idaho, was re-appointed as a member of the Idaho Commission on Human Rights to serve a term commencing July 1, 2018, and Dear Mr. President: expiring July 1, 2021. I have the honor to inform you that Lane Clezie of Pocatello, This appointment was made subject to confirmation by the Idaho, was re-appointed as a member of the Idaho Fish and Game Senate. Notice of appointment is hereby given. Commission to serve a term commencing June 30, 2018, and expiring June 30, 2022. As Always - Idaho, Esto Perpetua /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 of the As Always - Idaho, Esto Perpetua Secretary of the Senate. /s/ C.L. "Butch" Otter Governor The Gubernatorial appointment was referred to the State Affairs Committee. The correspondence was ordered filed in the office of the Secretary of the Senate. January 2, 2019 The Gubernatorial appointment was referred to the The Honorable Brad Little Resources and Environment Committee. President of the Senate Idaho Legislature January 2, 2019 Dear Mr. President: The Honorable Brad Little I have the honor to inform you that Kevin Settles of Boise, President of the Senate Idaho, was re-appointed as a member of the Idaho Commission Idaho Legislature on Human Rights to serve a term commencing July 1, 2018, and expiring July 1, 2021. Dear Mr. President: This appointment was made subject to confirmation by the I have the honor to inform you that Kermit Kiebert of Senate. Notice of appointment is hereby given. Hope, Idaho, was re-appointed as a member of the Board of As Always - Idaho, Esto Perpetua Environmental Quality to serve a term commencing July 1, /s/ C.L. "Butch" Otter 2018, and expiring July 1, 2022. Governor This appointment was made subject to confirmation by the The correspondence was ordered filed in the office of the Senate. Notice of appointment is hereby given. Secretary of the Senate. As Always - Idaho, Esto Perpetua The Gubernatorial appointment was referred to the State /s/ C.L. "Butch" Otter Affairs Committee. Governor January 2, 2019 The correspondence was ordered filed in the office of the Secretary of the Senate. The Honorable Brad Little President of the Senate The Gubernatorial appointment was referred to the Health Idaho Legislature and Welfare Committee. 20 SENATE JOURNAL January 10, 2019]

January 2, 2019 The correspondence was ordered filed in the office of the 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: The Senate advanced to the Ninth Order of Business. I have the honor to inform you that Rod Higgins of Boise, Messages from the House Idaho, was re-appointed as a member of the State Insurance Fund Board to serve a term commencing April 3, 2018, and expiring January 9, 2019 April 3, 2022. Dear Madam President: This appointment was made subject to confirmation by the Senate. Notice of appointment is hereby given. I transmit herewith Enrolled HCR 1 for the signature of the President. As Always - Idaho, Esto Perpetua /s/ C.L. "Butch" Otter MAULIN, Chief Clerk Governor The President signed Enrolled HCR 1 and ordered it returned The correspondence was ordered filed in the office of the to the House. Secretary of the Senate. On request by Senator Winder, granted by unanimous The Gubernatorial appointment was referred to the consent, the Senate advanced to the Fifteenth Order of Business. Commerce and Human Resources Committee. Miscellaneous Business January 2, 2019 On motion by Senator Winder, seconded by The Honorable Brad Little Senator Buckner-Webb, by voice vote, the Senate adjourned at President of the Senate 11:35 a.m. until the hour of 11 a.m., Friday, January 11, 2019. Idaho Legislature JANICE MCGEACHIN, President Dear Mr. President: Attest: JENNIFER NOVAK, Secretary I have the honor to inform you that Max Black of Boise, Idaho, was re-appointed as a member of the State Insurance Fund Board to serve a term commencing April 3, 2018, and expiring April 3, 2022. 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 of the Secretary of the Senate. The Gubernatorial appointment was referred to the Commerce and Human Resources Committee. January 2, 2019 The Honorable Brad Little President of the Senate Idaho Legislature Dear Mr. President: I have the honor to inform you that Eric Fredericksen of Boise, Idaho, was re-appointed as the State Appellate Public Defender to serve a term commencing August 1, 2018, and expiring August 1, 2022. 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 [January 11, 2019 SENATE JOURNAL 21

SENATE JOURNAL January 2, 2019 OF THE The Honorable Brad Little President of the Senate IDAHO LEGISLATURE Idaho State Senate Dear Mr. President: FIRST REGULAR SESSION SIXTY-FIFTH LEGISLATURE I have the honor to inform you that Jeffery Raybould of St. Anthony, Idaho, was re-appointed as a member of the Idaho Water Resource Board to serve a term commencing January 1, 2019, and expiring January 1, 2023. This appointment was made subject to confirmation by the FIFTH LEGISLATIVE DAY Senate. Notice of appointment is hereby given. FRIDAY, JANUARY 11, 2019 As Always - Idaho, Esto Perpetua /s/ C.L. "Butch" Otter Senate Chamber Governor President McGeachin called the Senate to order at 11 a.m. The correspondence was ordered filed in the office of the Secretary of the Senate. Roll call showed all members present except Senator Brackett, absent and formally excused by the Chair; and Senators The Gubernatorial appointment was referred to the Agenbroad, Johnson, and Lodge, absent and excused. Resources and Environment Committee. Prayer was offered by Chaplain Montie Ralstin. January 2, 2019 The Pledge of Allegiance was led by Chase Knott, Page. The Honorable Brad Little The Senate advanced to the Third Order of Business. President of the Senate Idaho State Senate Reading and Correction of the Journal Dear Mr. President: The JUDICIARY AND RULES Committee reports that the Senate Journal of the proceedings of January 10, 2019, was read I have the honor to inform you that Dale Van Stone of and approved as corrected. Hope, Idaho, was re-appointed as a member of the Idaho Water Resource Board to serve a term commencing January 1, 2019, LAKEY, Chairman and expiring January 1, 2023. There being no objection, the report was adopted and ordered This appointment was made subject to confirmation by the filed in the office of the Secretary of the Senate. Senate. Notice of appointment is hereby given. On request by Senator Winder, granted by unanimous As Always - Idaho, Esto Perpetua consent, the Senate advanced to the Eighth Order of Business. /s/ C.L. "Butch" Otter Governor Messages from the Governor The correspondence was ordered filed in the office of the January 2, 2019 Secretary of the Senate. The Honorable Brad Little President of the Senate The Gubernatorial appointment was referred to the Idaho State Senate Resources and Environment Committee. Dear Mr. President: January 2, 2019 I have the honor to inform you that Jo Ann Cole-Hansen The Honorable Brad Little of Lewiston, Idaho, was re-appointed as a member of the Idaho President of the Senate Water Resource Board to serve a term commencing January 1, Idaho State Senate 2019, and expiring January 1, 2023. 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 Linda Mitchell of Sagle, Idaho, was re-appointed as a member of the Lake Pend Oreille As Always - Idaho, Esto Perpetua Basin Commission to serve a term commencing July 24, 2018, /s/ C.L. "Butch" Otter and expiring July 24, 2021. Governor This appointment was made subject to confirmation by the The correspondence was ordered filed in the office of the Senate. Notice of appointment is hereby given. Secretary of the Senate. As Always - Idaho, Esto Perpetua The Gubernatorial appointment was referred to the /s/ C.L. "Butch" Otter Resources and Environment Committee. Governor 22 SENATE JOURNAL January 11, 2019]

The correspondence was ordered filed in the office of the As Always - Idaho, Esto Perpetua Secretary of the Senate. /s/ C.L. "Butch" Otter Governor The Gubernatorial appointment was referred to the Resources and Environment Committee. The correspondence was ordered filed in the office of the Secretary of the Senate. January 2, 2019 The Gubernatorial appointment was referred to the The Honorable Brad Little Commerce and Human Resources Committee. President of the Senate Idaho State Senate January 2, 2019 Dear Mr. President: The Honorable Brad Little I have the honor to inform you that Ford Elsaesser of President of the Senate Sandpoint, Idaho, was re-appointed as a member of the Lake Idaho State Senate Pend Oreille Basin Commission to serve a term commencing July 24, 2018, and expiring July 24, 2021. Dear Mr. President: This appointment was made subject to confirmation by the I have the honor to inform you that Celia Gould of Boise, Senate. Notice of appointment is hereby given. Idaho, was re-appointed as a member of the Public Employee Retirement System of Idaho Board to serve a term commencing As Always - Idaho, Esto Perpetua July 1, 2018, and expiring July 1, 2023. /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 of the Secretary of the Senate. As Always - Idaho, Esto Perpetua /s/ C.L. "Butch" Otter The Gubernatorial appointment was referred to the Governor Resources and Environment Committee. January 2, 2019 The correspondence was ordered filed in the office of the The Honorable Brad Little Secretary of the Senate. President of the Senate Idaho State Senate The Gubernatorial appointment was referred to the Commerce and Human Resources Committee. Dear Mr. President: January 2, 2019 I have the honor to inform you that Dustin Miller of Boise, Idaho, was appointed as the Director of the Department of Lands The Honorable Brad Little to serve a term commencing October 1, 2018. President of the Senate Idaho State Senate 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 Nancy Merill of Eagle, /s/ C.L. "Butch" Otter Idaho, was appointed as a member of the Idaho Personnel Governor Commission to serve a term commencing September 18, 2018, and expiring July 1, 2024. The correspondence was ordered filed in the office of the 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 January 2, 2019 Governor The Honorable Brad Little The correspondence was ordered filed in the office of the President of the Senate Secretary of the Senate. Idaho State Senate The Gubernatorial appointment was referred to the Dear Mr. President: Commerce and Human Resources Committee. I have the honor to inform you that Gregory Donaca of Boise, January 2, 2019 Idaho, was appointed as a member of the Idaho Health Insurance Exchange Board to serve a term commencing October 23, 2018, The Honorable Brad Little and expiring April 10, 2021. President of the Senate Idaho State Senate This appointment was made subject to confirmation by the Senate. Notice of appointment is hereby given. Dear Mr. President: [January 11, 2019 SENATE JOURNAL 23

I have the honor to inform you that Leland Heinrich of Cascade, Idaho, was re-appointed as a member of the Board of Tax Appeals to serve a term commencing June 30, 2018, and expiring June 30, 2021. 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 of the Secretary of the Senate. The Gubernatorial appointment was referred to the Local Government and Taxation Committee. January 2, 2019 The Honorable Janice McGeachin President of the Senate Idaho Legislature Dear Madam President: I have the honor to inform you that Hyrum Erickson of Rexburg, Idaho, was appointed as a member of the Idaho Commission on Human Rights to serve a term commencing June 1, 2018, and expiring July 1, 2020. This appointment was made subject to confirmation by the Senate. Notice of appointment is hereby given. Sincerely, /s/ C.L. "Butch" Otter Governor The correspondence was ordered filed in the office of the Secretary of the Senate. The Gubernatorial appointment was referred to the State Affairs Committee. 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 Stennett, by voice vote, the Senate adjourned at 11:13 a.m. until the hour of 11:15 a.m., Monday, January 14, 2019. JANICE MCGEACHIN, President Attest: JENNIFER NOVAK, Secretary 24 SENATE JOURNAL January 14, 2019] SENATE JOURNAL OF THE IDAHO LEGISLATURE FIRST REGULAR SESSION SIXTY-FIFTH LEGISLATURE

EIGHTH LEGISLATIVE DAY MONDAY, JANUARY 14, 2019

Senate Chamber President McGeachin called the Senate to order at 11:15 a.m. Roll call showed all members present. Prayer was offered by Chaplain Montie Ralstin. The Pledge of Allegiance was led by Isaac Lee, 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 11, 2019, was read and approved as corrected. LAKEY, 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 Winder, granted by unanimous consent, the Senate advanced to the Fifteenth Order of Business. Miscellaneous Business On motion by Senator Winder, seconded by Senator Stennett, by voice vote, the Senate adjourned at 11:21 a.m. until the hour of 11:15 a.m., Tuesday, January 15, 2019. JANICE MCGEACHIN, President Attest: JENNIFER NOVAK, Secretary [January 15, 2019 SENATE JOURNAL 25

SENATE JOURNAL January 1, 2019 OF THE The Honorable Brad Little President of the Senate IDAHO LEGISLATURE Idaho State Senate Dear Mr. President: FIRST REGULAR SESSION SIXTY-FIFTH LEGISLATURE I have the honor to inform you that Matthew Allen Thomas of Weiser, Idaho, was re-appointed as a member of the Sexual Offender Management Board to serve a term commencing January 1, 2019, and expiring January 1, 2022. This appointment was made subject to confirmation by the NINTH LEGISLATIVE DAY Senate. Notice of appointment is hereby given. TUESDAY, JANUARY 15, 2019 As Always - Idaho, Esto Perpetua /s/ C.L. "Butch" Otter Senate Chamber Governor President McGeachin called the Senate to order at 11:15 a.m. The correspondence was ordered filed in the office of the Secretary of the Senate. Roll call showed all members present except Senator Nelson, absent and formally excused by the Chair. The Gubernatorial appointment was referred to the Judiciary and Rules Committee. Prayer was offered by Chaplain Montie Ralstin. January 1, 2019 The Pledge of Allegiance was led by Olivia Love, 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: The JUDICIARY AND RULES Committee reports that the Senate Journal of the proceedings of January 14, 2019, was read I have the honor to inform you that Peter Van Der Meulen of and approved as corrected. Hailey, Idaho, was re-appointed as a member of the Idaho Water Resource Board to serve a term commencing January 1, 2019, LAKEY, Chairman and expiring January 1, 2023. There being no objection, the report was adopted and ordered filed in the office of the Secretary of the Senate. This appointment was made subject to confirmation by the Senate. Notice of appointment is hereby given. On request by Senator Winder, granted by unanimous consent, the Senate advanced to the Eighth Order of Business. As Always - Idaho, Esto Perpetua /s/ C.L. "Butch" Otter Messages from the Governor Governor The correspondence was ordered filed in the office of the January 1, 2019 Secretary of the Senate. The Honorable Brad Little The Gubernatorial appointment was referred to the President of the Senate Resources and Environment Committee. Idaho State Senate January 2, 2019 Dear Mr. President: The Honorable Janice McGeachin I have the honor to inform you that Anna Jane Dressen President of the Senate of Coeur d'Alene, Idaho, was re-appointed as a member of the Idaho Legislature Commission on Pardons and Parole to serve a term commencing January 1, 2019, and expiring January 1, 2022. Dear Mr. President: This appointment was made subject to confirmation by the I have the honor to inform you that Dustin Miller of Senate. Notice of appointment is hereby given. Boise, Idaho, was appointed as a member of the Oil and Gas Conservation Commission to serve a term commencing October As Always - Idaho, Esto Perpetua 1, 2018, and will serve by virtue of his position as Director of /s/ C.L. "Butch" Otter the Department of Lands. Governor This appointment was made subject to confirmation by the The correspondence was ordered filed in the office of the 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 26 SENATE JOURNAL January 15, 2019]

The correspondence was ordered filed in the office of the Secretary of the Senate. The Gubernatorial appointment was referred to the Resources and Environment Committee. On request by Senator Winder, 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 1001 BY RESOURCES AND ENVIRONMENT COMMITTEE AN ACT RELATING TO WELLS; AMENDING SECTION 42-1607, IDAHO CODE, TO REMOVE OBSOLETE RULEMAKING PROVISIONS REGARDING A COST-SHARING PROGRAM FOR THE REPAIR OR PLUGGING OF WELLS AND TO MAKE TECHNICAL CORRECTIONS. S 1001 was 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 Stennett, by voice vote, the Senate adjourned at 11:26 a.m. until the hour of 11 a.m., Wednesday, January 16, 2019. JANICE MCGEACHIN, President Attest: JENNIFER NOVAK, Secretary [January 16, 2019 SENATE JOURNAL 27

SENATE JOURNAL A national survey conducted by the Conference of Chief Justices has found that confidence in state court systems is at OF THE the highest level since polling was started in 2012. Idaho does share in that good news as a result of your support for new ideas to solve old or new problems as well as the hard work of our IDAHO LEGISLATURE judges and county partners. FIRST REGULAR SESSION In 2014 I had reported that since 2000, 43 district judges SIXTY-FIFTH LEGISLATURE had been appointed. Now since 2014 another 7 appellate judges and justices, 16 district judges and 22 magistrate judges have retired. This has resulted in a whole new generation of judges and justices. As you can see the legislature and executive branches are not alone in change. TENTH LEGISLATIVE DAY WEDNESDAY, JANUARY 16, 2019 As I did last year, I must acknowledge and congratulate the members of Idaho Judicial Council and their executive director for a frantic schedule of judicial applicant interviews as well as Senate Chamber their usual review of disciplinary complaints against judges. Not only have they worked hard in preparing for these interviews, President McGeachin called the Senate to order at 11 a.m. they have always acted in good faith without outside influences. Roll call showed all members present except Senator Nelson, We continue to monitor what is needed to recruit and retain absent and formally excused by the Chair. judicial applicants by preparing and disseminating a new survey of the Idaho State Bar about barriers to judicial careers. This is Prayer was offered by Chaplain Montie Ralstin. an improved survey which mirrors our original groundbreaking survey of and the resulting report published in June of 2010. I The Pledge of Allegiance was led by Joseph Price, Page. think that survey directly led to greater participation of women The Senate advanced to the Third Order of Business. in our judiciary. Women members of the Idaho judiciary have grown to 23% which largely reflects the 28% of women members Reading and Correction of the Journal in the Idaho Bar. We are again seeing recruiting challenges for district judges. Just last week only five applications were The JUDICIARY AND RULES Committee reports that the received for a district judge position in Canyon County. For the Senate Journal of the proceedings of January 15, 2019, was read most recent magistrate judge vacancy in that same county, we and approved as corrected. had 17 applicants. LAKEY, Chairman Our continued hope is that you believe with us, that the attraction of our best and brightest lawyers to the judiciary is There being no objection, the report was adopted and ordered vital to the continued rule of law for all in Idaho. filed in the office of the Secretary of the Senate. Also in the 2014 State of the Judiciary, I introduced you On request by Senator Winder, granted by unanimous to our new request for the largest cultural change in the Idaho consent, the Senate advanced to the Tenth Order of Business. judiciary's history - Odyssey. Your support as well as initial Motions and Resolutions financing and an ongoing fee structure has supported a herculean effort of technology change from the old ISTARS system to On request by Senator Winder, granted by unanimous Odyssey. consent, President McGeachin appointed a committee consisting of Senator Lakey, Chairman, and Senators Cheatham and This roll out was completed in three phases or "waves". We Ward-Engelking to escort Chief Justice Roger S. Burdick into started with our pilot program in Twin Falls County and then the the Senate Chamber where he delivered the following State of 1st wave of the 5th District and 4th District counties; the 2nd the Judiciary Address: Wave of central Idaho's 14 counties, and finally southeastern Idaho's 10 counties. Our staff, with the help of county clerks, Again, thank you for the honor of appearing in front of you to transferred old records, pre-tested and installed new software, discuss Idaho's judiciary, a group made up of not only judges and squashed countless bugs in the system, and supported all of that state administrative staff, but also hundreds of dedicated county in the extensive training for all clerks in every county, and we clerks, probation officers and other county employees without continue to support and educate every day. which we could never do our jobs as judges. We can never forget the debt of gratitude judges owe to county commissioners and Now that the base product has been installed we will be elected county clerks. working on a great many large and small hacks, projects, or fixes to make sure this basic implementation continues to meet I'd like to now welcome the new members of Idaho's the needs of our citizens, lawyers, justice partners, counties, and legislative and executive branch officers. A hardy welcome judges. There is also a need for the usual hardware upkeep and to twenty-five new legislators as well as a dozen or so new replacement that we furnish to our counties and judges. As you department directors. A special welcome to our new lieutenant can see, we have more work to accomplish. Many more features governor, Janice McGeachin who will grow to love these State are to come. of Judiciary speeches as much as I have! As part of our new attorney management program we are Because of so many new faces I thought I would like to working with prosecutors and public defenders in two counties highlight a few of our past accomplishments and then quickly for a truly integrated case management system. Additionally a touch on future issues affecting the "State of the Judiciary." new statewide jury system will help counties who opt-in handle 28 SENATE JOURNAL January 16, 2019] jury management. For your constituents as a part of the jury defense and to vindicate his innocence upon a trial. In a case of management module, a citizen would be updated and notified indigent persons accused of crime, the court must assign counsel of their schedule to appear for jury duty by up-to-date text to the defense at public expense. messaging. This was a full 40 years before it became a federal Lastly, Odyssey has now converted all court filings in the trial requirement for public defense. and appellate courts to e-filing. We have heard positive feedback on this change and we will continue to upgrade as time goes on. With your guidance and help, the Public Defense Commission continues to strengthen the counties' ability to This entire time slot could be taken with the past work, meet this expensive but necessary obligation. In reviewing the present impact and future work to be done with Odyssey but I accomplishments of the Idaho State Public Defense Commission, need to move on. Again I thank the legislature for your continued I applaud the progress they have made. commitment to Odyssey. The Commission has recommended and instituted procedural I previously mentioned the generational change of the improvements, as well as started data collection of workload judiciary, but this demographic reality exists throughout Idaho. and other deficiencies for future analysis. They have instituted In 2014 I referred to it this way a vital training schedule, helped counties with grants to fund By 2030 Idaho's total population is projected to increase by public defenders and also helped with extraordinary litigation 52 percent while the number of individuals over the age of 65 will costs to certain counties. These improvements are as a result of grow by 147 percent. There were over 1200 new guardianship 175 meetings with county commissioners and clerks to define or conservatorships filed [in 2013]. Once a guardian has been needs, explain best practices, and monitor improvements. The appointed the monitoring will often continue for years. Idaho judiciary supports this start, but more work is needed. A 2010 study found 47% of dementia patients were Your Justice Reinvestment Initiative was again mentioned mistreated in some way and developmentally disabled individuals in 2014, as the courts, the Department of Corrections, and the are 4 to 10 times more likely to be abused. Again with your legislature examined ways to approach criminal sentencing and support and working with our counties, I can report significant corrections more efficiently. This significant change has had improvements in modernizing our procedures and safeguards for mixed results, but we in the courts realize there are better ways this growing and sometimes, vulnerable group of citizens. to handle criminality than building bigger jails and prisons. During this time of change and analysis the Idaho Prosecutors These strides have been accomplished with the leadership Association and Department of Corrections both agree our of our Guardian/Conservator Committee composed of district judges are appropriately sentencing criminals and now the representatives, not only from the courts, but also practicing question remains what is the best method to protect society while lawyers, state agencies and many other interest groups that have rehabilitating those in the system. We must all remember 90% driven this systemic change. or more of these individuals will return to our neighborhoods. The Committee has put processes in place to monitor the Our judges have always felt more support is needed in terms of well-being of the protected person and the financial health of probation officers, rehabilitation services, and halfway houses the estate, practices to ensure the protection ordered in a case is so that defendants have a better chance at normalization before specific to the needs of the protected person, and created training they are released by the courts or the Department of Corrections. to ensure all parties are aware of guardian and conservator We continue to support efforts for more local placement and responsibilities and duties. resources. Our successful problem-solving courts are just one of many approaches. They are seen as an innovative body to You appropriated monies so we could fulfill our statutory balance risk and rehabilitation. duties to monitor guardianships and conservatorships with monitoring coordinators in all seven judicial districts. These We applaud your bold initiative to reinvest in local support persons have allowed a much more robust handling of these and options to incarceration. At the same time we continue to be cases and have been a marvelous help, not only to our busy acutely aware of our number one priority – to protect the public. magistrate judges, but also, and most importantly, the protected persons. Another vital program which you have found valuable and which we believe stretches state dollars and adds vital judicial In the future, the courts face a daunting task of finding future manpower is the Senior Judge program. Our first senior judge guardians or conservators for increasing numbers of individuals program started in 2000. left with no one else to step in to help. These are challenges we will undoubtedly seek your counsel in the future. The Senior judge program pays retired judges at reduced rates to support personnel needs for sitting judges. Senior judges Again in 2014, I congratulated the legislature for "wisely" are only paid for the days they work. These judges are the ones identifying two of the chronic problems that impact Idahoans and who fill in when vacancies appear due to disability, sickness, or the judicial system - public defense and justice reinvestment. other excused absences. They are also a vital resource to cover when there is a gap or delay in replacing a retired judge. They We, as a judicial system, have and continue to have a handle overflows of cases or in areas where the caseload is too constitutional duty to assure due process and a legal duty to help heavy, but there isn't enough need for a new judicial position to protect society. be filled. For instance in 2018 Senior judges worked 1,110 days In 1923, our Supreme Court said in State v. Montroy: in the courtroom, an equivalent of 11.3 additional judges. Senior judges also worked with iCourt training mentoring or in other It is the public policy of this state, disclosed by constitutional leadership roles. Without these Senior judges there would be guarantees as well as by numerous provisions of the statutes, to significant backlogs and or stoppages in case flow, which would accord to every person accused of a crime, not only a fair and be a disaster. impartial trial, but every reasonable opportunity to prepare his [January 16, 2019 SENATE JOURNAL 29

In trying to keep a cutting edge judicial system for Idaho I'd area is Ada County and we will be requesting new judges to like to quickly review changes in administration over the last few meet this remarkable demand. years. First, I'd like to introduce our new Court of Appeal Judge and Supreme Court Justices appointed in 2018. Our growth contains all age groups but a significant group will be retirees. As a result our emphasis on guardianships and First, the new Court of Appeals Judge; the Honorable conservatorships will have to continue and expand. Amanda K. Brailsford sworn in on January 2, 2019. Next our two new Supreme Court Justices; the Honorable John Stegner Some of our newest Idahoans are not welcome but they are a sworn in on June 29, 2018 and finally the Honorable Greg fact of life - criminals. Anecdotally, I hear from law enforcement Moeller sworn in January 3, 2019. I'd like all three to stand and and prosecutors of the increased violence and drug activities be recognized. Thank you. of their criminal caseload. This adds the necessity for high functioning trial judges as well as evidence based practices for In 2014 the court completely revamped its accounting pre-trial release or sentencing, as well as increased community system. This came as a result of one of Cathy Holland Smith's services to meet safety and rehabilitation needs. "gentle urgings" that we needed to get better immediately. Since then we have completely reorganized and modernized Another avenue to produce efficiencies is the work of the our budgeting procedures and financial reports. The budgeting Civil Justice Reform Task Force started under Chief Justice improvements help us to gain better insight into the real needs of Jim Jones and spearheaded by its chair - Court of Appeals your local courts. Additionally we've received comments from Judge Molly Huskey. The report is due this month and includes budget analysists and others about the increased transparency recommendations for significant rule changes concerning and professional presentation our improvements have produced. discovery, fast tracking of cases as well as others. This report will be reviewed by the Supreme Court and portions or all of it In order to educate as well as help judges receive real will be adopted. feedback on their performance, you saw fit in 2017 to start implementing a new and vastly improved Judicial Performance We as a court system will continue to struggle with access program. This program includes surveys taken by clerks, lawyers to justice issues. Translation costs continue to rise and cost of and others concerning a local judge's performance. These litigation may price all of us out of courts not just our working surveys were created and vetted by national experts from the poor. Again we support the legislature's financial support of Idaho National Center for State Courts. These are shared with the Legal Aid to help with some of these issues. We stand ready to individual judge and mentor judges may be assigned to help work with the Legislature and Idaho Legal aid to craft a path with any improvements. To date 98 judges have gone through going forward. this examination and new mentor judges are being trained by our education staff. Again this shows your support for an excellent I hope I have acquainted you with our recent past and judiciary and our commitment to continued improvement. projected some issues for our near future. I have covered the most significant projects which have I sum up with this observation. These items I've mentioned shaped the State of Idaho's judiciary in the near past. I'd like to have been accomplished with just 1.3% of the general fund. The project a few ideas for Idaho's judicial future. national average hovers around 3%. In closing I'd like to share a quote from the State of the Judiciary 2018: Has anyone noticed the traffic in our hometowns or on our highways? Idaho has been discovered and we must stay In summary, the State of the judiciary is in large part a vigilant to meet the needs of our new Idahoans. They bring new function of the cooperation of the Legislative and Executive vitality, ideas, and expectations to Idaho. Just the sheer numbers branches, as well as our county partners. Although an will increase more judicial services which by constitution and independent co-equal branch of government, we rise or fall statute must be met. The Courts must meet this need with new based upon cooperation. efficiencies and technology. As a result, our technology platform base is in place and we are working to make the changes or The same holds true for this past year and I hope this improvements to perfect it. We must look to new technologies to cooperation continues so I can report a robust judiciary in 2020. protect individual's private information, while making sure our The President thanked Chief Justice Burdick for his remarks court processes are transparent. and Senator Lakey, Chairman, and Senators Cheatham and The courts are a main hub of information and data for a Ward-Engelking escorted Chief Justice Burdick from the myriad of city, county, state, and commercial interests. One of Chamber, and the Committee was discharged. our main customers for data is the legislature - your need for On request by Senator Winder, granted by unanimous strong, fair policy must be supported by data from the courts. consent, the Senate returned to the Sixth Order of Business. We take this challenge seriously. We are piloting new technology called Socrata to help take the millions of data points in the court and streamline and collate them. Then we can give you the most Reports of Standing Committees up-to-date comprehensive reports available. January 16, 2019 We are experiencing exaggerated growth patterns in our major urban areas. In these areas we will be watching closely as The JUDICIARY AND RULES Committee reports that to when new magistrate or district judge positions are needed. S 1001 has been correctly printed. The judiciary has a solid history of making sure all alternatives - Senior judges and traveling judges - are used fully before we LAKEY, Chairman request new judgeships. This conservative approach takes into consideration the financial impact on our county partners as well S 1001 was referred to the Resources and Environment as the State's financial and safety concerns. Our fastest growing Committee. 30 SENATE JOURNAL January 16, 2019]

On request by Senator Winder, granted by unanimous This appointment was made subject to confirmation by the consent, the Senate advanced to the Eighth Order of Business. Senate. Notice of appointment is hereby given. Sincerely, Messages from the Governor /s/ Brad Little Governor January 15, 2019 The correspondence was ordered filed in the office of the The Honorable Janice McGeachin Secretary of the Senate. President of the Senate Idaho Legislature The Gubernatorial appointment was referred to the Commerce and Human Resources Committee. Dear Madam President: The Senate advanced to the Ninth Order of Business. I have the honor to inform you that Alex Adams of Meridian, Idaho, was appointed as the Administrator of Division of Messages from the House Financial Management to serve a term commencing January 7, 2019, and continuing at the pleasure of the Governor. January 15, 2019 This appointment was made subject to confirmation by the Dear Madam President: Senate. Notice of appointment is hereby given. I transmit herewith HCR 2, which has passed the House. Sincerely, /s/ Brad Little MAULIN, Chief Clerk Governor HCR 2 was filed for first reading. The correspondence was ordered filed in the office of the On request by Senator Winder, granted by unanimous Secretary of the Senate. consent, the Senate advanced to the Eleventh Order of Business. The Gubernatorial appointment was referred to the State Introduction, First Reading, and Reference of Bills, Affairs Committee. House Petitions, Resolutions, and Memorials January 15, 2019 S 1002 The Honorable Janice McGeachin BY FINANCE COMMITTEE President of the Senate AN ACT Idaho Legislature RELATING TO THE APPROPRIATION TO THE INDUSTRIAL COMMISSION FOR FISCAL YEAR 2019; Dear Madam President: APPROPRIATING ADDITIONAL MONEYS TO THE INDUSTRIAL COMMISSION FOR FISCAL YEAR 2019; I have the honor to inform you that Thomas Kealey of AND DECLARING AN EMERGENCY. Boise, Idaho, was appointed as the Director of the Department of Commerce to serve a term commencing January 7, 2019, and S 1002 was introduced, read the first time at length, and continuing at the pleasure of the Governor. referred to the Judiciary and Rules Committee for printing. This appointment was made subject to confirmation by the HCR 2, by Commerce and Human Resources Committee, Senate. Notice of appointment is hereby given. was introduced, read at length, and referred to the State Affairs Committee. Sincerely, /s/ Brad Little On request by Senator Winder, granted by unanimous Governor consent, the Senate advanced to the Fifteenth Order of Business. The correspondence was ordered filed in the office of the Miscellaneous Business Secretary of the Senate. On motion by Senator Winder, seconded by Senator Stennett, The Gubernatorial appointment was referred to the by voice vote, the Senate adjourned at 11:40 a.m. until the hour Commerce and Human Resources Committee. of 11:15 a.m., Thursday, January 17, 2019. January 15, 2019 JANICE MCGEACHIN, President The Honorable Janice McGeachin Attest: JENNIFER NOVAK, Secretary President of the Senate Idaho Legislature Dear Madam President: I have the honor to inform you that Jani Revier of Meridian, Idaho, was appointed as the Director of the Department of Labor to serve a term commencing January 7, 2019, and continuing at the pleasure of the Governor. [January 17, 2019 SENATE JOURNAL 31

SENATE JOURNAL Reports of Standing Committees January 17, 2019 OF THE The JUDICIARY AND RULES Committee reports that IDAHO LEGISLATURE S 1002 has been correctly printed. LAKEY, Chairman FIRST REGULAR SESSION SIXTY-FIFTH LEGISLATURE S 1002 was referred to the Finance Committee. On request by Senator Vick, granted by unanimous consent, the Senate advanced to the Eighth Order of Business. Messages from the Governor ELEVENTH LEGISLATIVE DAY THURSDAY, JANUARY 17, 2019 January 16, 2019 The Honorable Janice McGeachin President of the Senate Senate Chamber Idaho Legislature President McGeachin called the Senate to order at 11:15 a.m. Dear Madam President: Roll call showed all members present except Senator Winder, I have the honor to inform you that Chris Jensen of absent and formally excused by the Chair. Blackfoot, Idaho, was re-appointed as the Administrator of the Prayer was offered by Chaplain Montie Ralstin. Division of Building Safety to serve a term commencing January 7, 2019, and continuing at the pleasure of the Governor. The Pledge of Allegiance was led by Landen Richardson, Page. This appointment was made subject to confirmation by the Senate. Notice of appointment is hereby given. The Senate advanced to the Third Order of Business. Sincerely, /s/ Brad Little Reading and Correction of the Journal Governor The JUDICIARY AND RULES Committee reports that the The correspondence was ordered filed in the office of the Senate Journal of the proceedings of January 16, 2019, was read Secretary of the Senate. and approved as corrected. The Gubernatorial appointment was referred to the LAKEY, Chairman Commerce and Human Resources Committee. There being no objection, the report was adopted and ordered On request by Senator Vick, granted by unanimous consent, filed in the office of the Secretary of the Senate. the Senate advanced to the Eleventh Order of Business. The Senate advanced to the Fourth Order of Business. Introduction, First Reading, and Reference of Bills, House Petitions, Resolutions, and Memorials Reading of Communications January 16, 2019 S 1003 The Honorable Janice McGeachin BY JUDICIARY AND RULES COMMITTEE President of the Senate AN ACT Idaho Senate RELATING TO HUMAN TRAFFICKING; AMENDING CHAPTER 86, TITLE 18, IDAHO CODE, BY THE ADDITION Dear Madam President: OF A NEW SECTION 18-8606, IDAHO CODE, TO PROVIDE FOR DIVERSION FOR A MINOR VICTIM OF HUMAN Pursuant to Section 67-6622, Idaho Code, I submit from the TRAFFICKING, TO PROVIDE CERTAIN CONDITIONS records of this office the enclosed listing of the names of the FOR DIVERSION, AND TO PROVIDE AN AFFIRMATIVE lobbyists, registered under the law. DEFENSE. If we may be of assistance to you in regards to this listing, please do not hesitate to contact this office. S 1004 Sincerely BY JUDICIARY AND RULES COMMITTEE /s/ Lawerence Denny AN ACT Secretary of State RELATING TO THE IDAHO STATE POLICE; AMENDING CHAPTER 29, TITLE 67, IDAHO CODE, BY THE ADDITION The correspondence was ordered filed in the office of the OF A NEW SECTION 67-2920, IDAHO CODE, TO Secretary of the Senate. ESTABLISH A BLUE ALERT SYSTEM, TO DEFINE TERMS, TO PROVIDE FOR WHEN THE BLUE ALERT SYSTEM On request by Senator Vick, granted by unanimous consent, MAY BE ACTIVATED, TO PROVIDE CONDITIONS FOR the Senate advanced to the Sixth Order of Business. ACTIVATING THE BLUE ALERT SYSTEM, TO PROVIDE 32 SENATE JOURNAL January 17, 2019]

FOR TERMINATION OF THE BLUE ALERT SYSTEM, AND TO PROVIDE IMMUNITY IN CERTAIN INSTANCES; AND AMENDING SECTION 5-340, IDAHO CODE, TO PROVIDE FOR THE BLUE ALERT SYSTEM.

S 1005 BY JUDICIARY AND RULES COMMITTEE AN ACT RELATING TO HUMAN TRAFFICKING; AMENDING SECTION 18-8601, IDAHO CODE, TO REVISE LEGISLATIVE INTENT; AMENDING SECTION 18-8602, IDAHO CODE, TO REVISE THE DEFINITION OF "HUMAN TRAFFICKING" AND TO DEFINE TERMS; AMENDING SECTION 18-8603, IDAHO CODE, TO REVISE A PENALTY; REPEALING SECTION 18-8605, IDAHO CODE, RELATING TO HUMAN TRAFFICKING VICTIM PROTECTION; AMENDING SECTION 18-8303, IDAHO CODE, TO PROVIDE A CORRECT CODE REFERENCE; AND AMENDING SECTION 18-8304, IDAHO CODE, TO PROVIDE A CORRECT CODE REFERENCE. S 1003, S 1004, and S 1005 were introduced, read the first time at length, and referred to the Judiciary and Rules Committee for printing. On request by Senator Vick, granted by unanimous consent, the Senate advanced to the Fifteenth Order of Business. Miscellaneous Business On motion by Senator Vick, seconded by Senator Stennett, by voice vote, the Senate adjourned at 11:31 a.m. until the hour of 11 a.m., Friday, January 18, 2019. JANICE MCGEACHIN, President Attest: JENNIFER NOVAK, Secretary [January 18, 2019 SENATE JOURNAL 33

SENATE JOURNAL LODGE, Chairman The Gubernatorial re-appointment was referred to the Tenth OF THE Order of Business, Motions and Resolutions, and ordered held at IDAHO LEGISLATURE the Secretary's desk for one legislative day. On request by Senator Winder, granted by unanimous FIRST REGULAR SESSION consent, the Senate advanced to the Eighth Order of Business. SIXTY-FIFTH LEGISLATURE Messages from the Governor January 2, 2019 The Honorable Brad Little President of the Senate TWELFTH LEGISLATIVE DAY Idaho Legislature FRIDAY, JANUARY 18, 2019 Dear Mr. President:

Senate Chamber I have the honor to inform you that Mike H. Matthews of Declo, Idaho, was re-appointed to the Commission on Pardons President Pro Tempore Hill called the Senate to order at 11 and Parole to serve a term commencing January 1, 2019, and a.m. expiring January 1, 2022. Roll call showed all members present except Senator This appointment was made subject to confirmation by the Mortimer, absent and formally excused by the Chair. Senate. Notice of appointment is hereby given. Prayer was offered by Chaplain Montie Ralstin. As Always - Idaho, Esto Perpetua /s/ C.L. "Butch" Otter The Pledge of Allegiance was led by Mariya Ricks, Page. Governor The Senate advanced to the Third Order of Business. The correspondence was ordered filed in the office of the Reading and Correction of the Journal Secretary of the Senate. The JUDICIARY AND RULES Committee reports that the The Gubernatorial appointment was referred to the Judiciary Senate Journal of the proceedings of January 17, 2019, was read and Rules Committee. and approved as corrected. January 17, 2019 LAKEY, Chairman The Honorable Janice McGeachin There being no objection, the report was adopted and ordered President of the Senate filed in the office of the Secretary of the Senate. Idaho Legislature On request by Senator Winder, granted by unanimous Dear Madam President: consent, the Senate advanced to the Sixth Order of Business. I have the honor to inform you that General Michael J. Reports of Standing Committees Garshak of Boise, Idaho, was appointed as the Adjutant General of the Idaho Military Division to serve a term commencing January 18, 2019 January 7, 2019, and continuing at the pleasure of the Governor. The JUDICIARY AND RULES Committee reports that This appointment was made subject to confirmation by the S 1003, S 1004, and S 1005 have been correctly printed. Senate. Notice of appointment is hereby given. LAKEY, Chairman Sincerely, S 1003, S 1004, and S 1005 were referred to the Judiciary /s/ Brad Little and Rules Committee. Governor January 17, 2019 The correspondence was ordered filed in the office of the Secretary of the Senate. The FINANCE Committee reports out S 1002 with the recommendation that it do pass. The Gubernatorial appointment was referred to the State Affairs Committee. BAIR, Chairman January 17, 2019 S 1002 was filed for second reading. The Honorable Janice McGeachin January 18, 2019 President of the Senate Idaho Legislature The STATE AFFAIRS Committee reports it has had under consideration the Gubernatorial appointment listed below and the Dear Madam President: Committee recommends that said appointment be confirmed by the Senate: I have the honor to inform you that Kelley Packer of McCammon, Idaho, was appointed as the Bureau Chief of the Daniel Kunz to the Idaho Energy Resources Authority, term Bureau of Occupational Licenses to serve a term commencing to expire June 30, 2023. January 7, 2019, and continuing at the pleasure of the Governor. 34 SENATE JOURNAL January 18, 2019]

This appointment was made subject to confirmation by the PROVIDE FOR ADJUSTMENT OF FEES, TO PROVIDE Senate. Notice of appointment is hereby given. FOR INTEREST, AND TO PROVIDE THAT MONEY IN THE FUND MAY BE APPLIED TO CERTAIN USES; Sincerely, AMENDING CHAPTER 22, TITLE 26, IDAHO CODE, BY /s/ Brad Little THE ADDITION OF A NEW SECTION 26-2254, IDAHO Governor CODE, TO PROVIDE A STATUTE OF LIMITATIONS FOR The correspondence was ordered filed in the office of the FILING A CLAIM; AMENDING CHAPTER 22, TITLE 26, Secretary of the Senate. IDAHO CODE, BY THE ADDITION OF A NEW SECTION 26-2255, IDAHO CODE, TO PROVIDE PROCEDURES The Gubernatorial appointment was referred to the FOR RECOVERY FROM THE COLLECTION AGENCY Commerce and Human Resources Committee. RECOVERY FUND; AMENDING CHAPTER 22, TITLE 26, IDAHO CODE, BY THE ADDITION OF A NEW SECTION On request by Senator Winder, granted by unanimous 26-2256, IDAHO CODE, TO PROVIDE FOR RECOVERY consent, the Senate advanced to the Eleventh Order of Business. LIMITS FROM THE COLLECTION AGENCY RECOVERY FUND; AND AMENDING CHAPTER 22, TITLE 26, IDAHO Introduction, First Reading, and Reference of Bills, CODE, BY THE ADDITION OF A NEW SECTION 26-2257, House Petitions, Resolutions, and Memorials IDAHO CODE, TO PROVIDE FOR REVOCATION OF A LICENSE FOR PAYMENT FROM THE COLLECTION AGENCY RECOVERY FUND IN CERTAIN INSTANCES. S 1006 BY COMMERCE AND HUMAN RESOURCES COMMITTEE S 1008 AN ACT BY COMMERCE AND HUMAN RESOURCES RELATING TO THE UNIFORM SECURITIES ACT; COMMITTEE AMENDING SECTION 30-14-302, IDAHO CODE, TO AN ACT REVISE THE REQUIREMENTS FOR NOTICE FILINGS RELATING TO ELECTRICAL CONTRACTORS AND FOR CERTAIN FEDERAL COVERED SECURITIES AND TO JOURNEYMEN; AMENDING SECTION 54-1007, MAKE A TECHNICAL CORRECTION. IDAHO CODE, TO REVISE PROVISIONS REGARDING LICENSE REQUIREMENTS AND RECIPROCITY; AMENDING SECTION 54-1008, IDAHO CODE, TO S 1007 REVISE A PROVISION REGARDING THE DURATION BY COMMERCE AND HUMAN RESOURCES OF ELECTRICAL APPRENTICE REGISTRATIONS; COMMITTEE AMENDING SECTION 54-1013, IDAHO CODE, TO AN ACT PROVIDE FOR REVIVAL OF EXPIRED REGISTRATIONS; RELATING TO COLLECTION AGENCIES; AMENDING AND AMENDING SECTION 54-1014, IDAHO CODE, TO SECTION 26-2222, IDAHO CODE, TO DEFINE A REVISE LICENSE AND REGISTRATION FEES. TERM AND TO MAKE TECHNICAL CORRECTIONS; AMENDING SECTION 26-2224, IDAHO CODE, TO PROVIDE THAT LICENSE APPLICATIONS SHOULD S 1009 BE FILED THROUGH THE NATIONWIDE MORTGAGE BY COMMERCE AND HUMAN RESOURCES LICENSING SYSTEM AND REGISTRY; AMENDING COMMITTEE SECTION 26-2228, IDAHO CODE, TO PROVIDE THAT AN ACT THE DIRECTOR SHALL PROMULGATE A CERTAIN RELATING TO ELECTRICAL CONTRACTORS AND RULE; AMENDING SECTION 26-2229A, IDAHO CODE, TO JOURNEYMEN; AMENDING SECTION 54-1002, AUTHORIZE THE COLLECTION OF CERTAIN INTEREST, IDAHO CODE, TO PROVIDE FOR LICENSURE OF FEES, CHARGES, AND EXPENSES AND TO MAKE ELECTRICAL INSTALLERS AND TO MAKE TECHNICAL TECHNICAL CORRECTIONS; AMENDING SECTION CORRECTIONS; AMENDING SECTION 54-1003, 26-2231, IDAHO CODE, TO REVISE A PROVISION IDAHO CODE, TO PROVIDE FOR ELECTRICAL REGARDING RENEWAL OF A LICENCE, TO PROVIDE INSTALLER LICENSURE; AMENDING SECTION 54-1003A, FOR EXPIRATION OF A LICENSE, AND TO PROVIDE IDAHO CODE, TO PROVIDE A DEFINITION AND CONDITIONS FOR REINSTATEMENT OF A LICENSE; TO MAKE TECHNICAL CORRECTIONS; AMENDING REPEALING SECTION 26-2232, IDAHO CODE, RELATING SECTION 54-1005, IDAHO CODE, TO PROVIDE FOR TO COLLECTION AGENCY SURETY BONDS; REPEALING ELECTRICAL INSTALLERS AND TO MAKE TECHNICAL SECTION 26-2232A, IDAHO CODE, RELATING TO CORRECTIONS; AMENDING SECTION 54-1006, IDAHO DEBT COUNSELORS, CREDIT COUNSELORS, CREDIT CODE, TO PROVIDE FOR ELECTRICAL INSTALLERS REPAIR ORGANIZATIONS, AND BONDS; AMENDING AND TO MAKE TECHNICAL CORRECTIONS; AMENDING SECTION 26-2237, IDAHO CODE, TO PROVIDE A SECTION 54-1007, IDAHO CODE, TO PROVIDE CODE REFERENCE; AMENDING CHAPTER 22, TITLE REQUIREMENTS REGARDING ELECTRICAL INSTALLER 26, IDAHO CODE, BY THE ADDITION OF A NEW LICENSURE AND TO MAKE TECHNICAL CORRECTIONS; SECTION 26-2252, IDAHO CODE, TO ESTABLISH AMENDING SECTION 54-1008, IDAHO CODE, TO THE COLLECTION AGENCY RECOVERY FUND, TO PROVIDE FOR ELECTRICAL INSTALLERS; AMENDING PROVIDE FOR USES OF THE FUND, AND TO PROVIDE SECTION 54-1014, IDAHO CODE, TO PROVIDE FEES FOR EXCEPTIONS; AMENDING CHAPTER 22, TITLE 26, ELECTRICAL INSTALLER LICENSURE; AND AMENDING IDAHO CODE, BY THE ADDITION OF A NEW SECTION SECTION 54-1017, IDAHO CODE, TO PROVIDE FOR 26-2253, IDAHO CODE, TO PROVIDE FOR FUNDING ELECTRICAL INSTALLERS AND TO MAKE TECHNICAL OF THE COLLECTION AGENCY RECOVERY FUND, TO CORRECTIONS. [January 18, 2019 SENATE JOURNAL 35

S 1010 RIGHT; AMENDING SECTION 67-5902, IDAHO CODE, TO BY COMMERCE AND HUMAN RESOURCES PROVIDE ADDITIONAL DEFINITIONS; AND AMENDING COMMITTEE SECTION 67-5909, IDAHO CODE, TO PROHIBIT AN ACT DISCRIMINATION AGAINST A PERSON BECAUSE OF RELATING TO UNDERGROUND FACILITIES DAMAGE SEXUAL ORIENTATION OR GENDER IDENTITY AND TO PREVENTION; AMENDING SECTION 55-2202, IDAHO MAKE TECHNICAL CORRECTIONS. CODE, TO DEFINE TERMS AND TO REVISE DEFINITIONS; AMENDING SECTION 55-2205, IDAHO CODE, TO S 1006, S 1007, S 1008, S 1009, S 1010, S 1011, S 1012, PROVIDE FOR WHO SHALL AND SHALL NOT LOCATE S 1013, S 1014, and S 1015 were introduced, read the first time AND MARK SERVICE LATERALS, TO PROVIDE A at length, and referred to the Judiciary and Rules Committee for CORRECT CODE REFERENCE, AND TO MAKE A printing. TECHNICAL CORRECTION; AND AMENDING SECTION 55-2206, IDAHO CODE, TO REVISE TERMINOLOGY. On request by Senator Winder, granted by unanimous consent, the Senate advanced to the Fifteenth Order of Business. S 1011 Miscellaneous Business BY COMMERCE AND HUMAN RESOURCES COMMITTEE On motion by Senator Winder, seconded by Senator Stennett, AN ACT by voice vote, the Senate adjourned at 11:16 a.m. until the hour RELATING TO UNDERGROUND FACILITIES DAMAGE of 11:15 a.m., Monday, January 21, 2019. PREVENTION; AMENDING SECTION 55-2202, IDAHO CODE, TO DEFINE TERMS AND TO MAKE TECHNICAL BRENT HILL, President Pro Tempore CORRECTIONS; AMENDING SECTION 55-2205, IDAHO CODE, TO REVISE PROVISIONS REGARDING LOCATING Attest: JENNIFER NOVAK, Secretary AND MARKING UNDERGROUND FACILITIES AND TO REVISE PROVISIONS REGARDING COMPENSATION FOR FAILURE TO COMPLY; AND AMENDING SECTION 55-2208, IDAHO CODE, TO REVISE A PROVISION REGARDING THE DUTIES OF UNDERGROUND FACILITY OWNERS AND EXCAVATORS.

S 1012 BY COMMERCE AND HUMAN RESOURCES COMMITTEE AN ACT RELATING TO PUBLIC WORKS CONTRACTORS; AMENDING SECTION 54-1908, IDAHO CODE, TO REVISE PROVISIONS REGARDING PUBLIC WORKS CONTRACTORS LICENSE BOARD MEETINGS.

S 1013 BY COMMERCE AND HUMAN RESOURCES COMMITTEE AN ACT RELATING TO THE IDAHO HEATING, VENTILATION AND AIR CONDITIONING BOARD; AMENDING SECTION 54-5004, IDAHO CODE, TO REVISE PROVISIONS REGARDING MEMBERSHIP OF THE IDAHO HEATING, VENTILATION AND AIR CONDITIONING BOARD.

S 1014 BY COMMERCE AND HUMAN RESOURCES COMMITTEE AN ACT RELATING TO PLUMBING AND PLUMBERS; AMENDING SECTION 54-2611, IDAHO CODE, TO CLARIFY THAT ALL PLUMBING CONTRACTORS SHALL BE QUALIFIED JOURNEYMEN AND TO MAKE TECHNICAL CORRECTIONS.

S 1015 BY JORDAN AN ACT RELATING TO CIVIL RIGHTS; AMENDING SECTION 67-5901, IDAHO CODE, TO PROVIDE THAT FREEDOM FROM DISCRIMINATION BECAUSE OF SEXUAL ORIENTATION OR GENDER IDENTITY IS A CIVIL 36 SENATE JOURNAL January 21, 2019]

SENATE JOURNAL Todd Gill to the Treasurer's Investment Advisory Board, term to expire July 1, 2022. OF THE LODGE, Chairman IDAHO LEGISLATURE The Gubernatorial appointments were referred to the Tenth Order of Business, Motions and Resolutions, and ordered held at FIRST REGULAR SESSION the Secretary's desk for one legislative day. SIXTY-FIFTH LEGISLATURE On request by Senator Winder, granted by unanimous consent, the Senate advanced to the Tenth Order of Business.

Motions and Resolutions FIFTEENTH LEGISLATIVE DAY MONDAY, JANUARY 21, 2019 The President announced that the State Affairs Committee report relative to the Gubernatorial re-appointment of Daniel Kunz was before the Senate for final consideration, the question Senate Chamber being, "Shall the report be adopted?" President McGeachin called the Senate to order at 11:15 a.m. On motion by Senator Winder, seconded by Senator Buckner-Webb, the Gubernatorial re-appointment of Roll call showed all members present except Senators Daniel Kunz as a member of the Idaho Energy Resources Jordan, Nelson, and Stennett, absent and formally excused by Authority was confirmed by voice vote. the Chair. The President declared the report adopted and directed the Prayer was offered by Chaplain Montie Ralstin. Secretary of the Senate to prepare a letter of the Gubernatorial appointment confirmation for her signature, attested to by the The Pledge of Allegiance was led by Emily White, Page. Secretary, to be transmitted to the Governor informing him of the action of the Senate. The Senate advanced to the Third Order of Business. The Senate advanced to the Eleventh Order of Business. Reading and Correction of the Journal The JUDICIARY AND RULES Committee reports that the Introduction, First Reading, and Reference of Bills, Senate Journal of the proceedings of January 18, 2019, was read House Petitions, Resolutions, and Memorials and approved as corrected. LAKEY, Chairman S 1016 There being no objection, the report was adopted and ordered BY FINANCE COMMITTEE filed in the office of the Secretary of the Senate. AN ACT RELATING TO THE APPROPRIATION TO THE IDAHO On request by Senator Winder, granted by unanimous STATE HISTORICAL SOCIETY FOR FISCAL YEAR 2019; consent, the Senate advanced to the Sixth Order of Business. APPROPRIATING ADDITIONAL MONEYS TO THE IDAHO Reports of Standing Committees STATE HISTORICAL SOCIETY FOR FISCAL YEAR 2019; AND DECLARING AN EMERGENCY. January 21, 2019

The JUDICIARY AND RULES Committee reports that S 1017 S 1006, S 1007, S 1008, S 1009, S 1010, S 1011, S 1012, S 1013, BY FINANCE COMMITTEE S 1014, and S 1015 have been correctly printed. AN ACT LAKEY, Chairman RELATING TO THE APPROPRIATION TO THE PUBLIC UTILITIES COMMISSION FOR FISCAL YEAR 2019; S 1006, S 1007, S 1008, S 1009, S 1010, S 1011, S 1012, APPROPRIATING ADDITIONAL MONEYS TO THE PUBLIC S 1013, and S 1014 were referred to the Commerce and Human UTILITIES COMMISSION FOR FISCAL YEAR 2019; AND Resources Committee. DECLARING AN EMERGENCY. S 1015 was referred to the State Affairs Committee. S 1016 and S 1017 were introduced, read the first time at length, and referred to the Judiciary and Rules Committee for January 21, 2019 printing. The STATE AFFAIRS Committee reports it has had under The Senate advanced to the Twelfth Order of Business. consideration the Gubernatorial appointments listed below and the Committee recommends that said appointments be confirmed by the Senate: Second Reading of Bills Jonathan Mark Browning to the Idaho State Racing S 1002, by Finance Committee, was read the second time at Commission, term to expire January 15, 2024. length and filed for third reading. Richelle Sugiyama to the Treasurer's Investment Advisory On request by Senator Winder, granted by unanimous Board, term to expire July 1, 2022. consent, the Senate advanced to the Fifteenth Order of Business. [January 21, 2019 SENATE JOURNAL 37

Miscellaneous Business On motion by Senator Winder, seconded by Senator Buckner-Webb, by voice vote, the Senate adjourned at 11:39 a.m. until the hour of 11:15 a.m., Tuesday, January 22, 2019. JANICE MCGEACHIN, President Attest: JENNIFER NOVAK, Secretary 38 SENATE JOURNAL January 22, 2019]

SENATE JOURNAL The Gubernatorial appointments 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. On request by Senator Winder, granted by unanimous IDAHO LEGISLATURE consent, the Senate advanced to the Eighth Order of Business. FIRST REGULAR SESSION Messages from the Governor SIXTY-FIFTH LEGISLATURE January 21, 2019 The Honorable Janice McGeachin President of the Senate Idaho Legislature SIXTEENTH LEGISLATIVE DAY TUESDAY, JANUARY 22, 2019 Dear Madam President: I have the honor to inform you that John Chatburn of Boise, Idaho, was re-appointed as the Administrator of the Office of Senate Chamber Energy and Mineral Resources to serve a term commencing President McGeachin called the Senate to order at 11:15 a.m. January 7, 2019, and continuing at the pleasure of the Governor. Roll call showed all members present. This appointment was made subject to confirmation by the Senate. Notice of appointment is hereby given. Prayer was offered by Chaplain Montie Ralstin. Sincerely, The Pledge of Allegiance was led by Drew Bingham, Page. /s/ Brad Little Governor The Senate advanced to the Third Order of Business. The correspondence was ordered filed in the office of the Reading and Correction of the Journal Secretary of the Senate. The JUDICIARY AND RULES Committee reports that the Senate Journal of the proceedings of January 21, 2019, was read The Gubernatorial appointment was referred to the State and approved as corrected. Affairs Committee. LAKEY, Chairman January 21, 2019 There being no objection, the report was adopted and ordered The Honorable Janice McGeachin filed in the office of the Secretary of the Senate. President of the Senate Idaho Legislature On request by Senator Winder, granted by unanimous consent, the Senate advanced to the Sixth Order of Business. Dear Madam President: Reports of Standing Committees I have the honor to inform you that Monty Prow of Meridian, Idaho, was appointed as the Director of the Department of January 22, 2019 Juvenile Corrections to serve a term commencing January 7, 2019, and continuing at the pleasure of the Governor. The JUDICIARY AND RULES Committee reports that S 1016 and S 1017 have been correctly printed. This appointment was made subject to confirmation by the Senate. Notice of appointment is hereby given. LAKEY, Chairman Sincerely, S 1016 and S 1017 were referred to the Finance Committee. /s/ Brad Little January 21, 2019 Governor The JUDICIARY AND RULES Committee reports it has The correspondence was ordered filed in the office of the had under consideration the Gubernatorial appointments listed Secretary of the Senate. below and the Committee recommends that said appointments be The Gubernatorial appointment was referred to the Judiciary confirmed by the Senate: and Rules Committee. Brian Marx to the Sexual Offender Management Board, term to expire January 1, 2020. January 21, 2019 Dan Dinning to the State Public Defense Commission, term The Honorable Janice McGeachin to expire July 1, 2021. President of the Senate Idaho Legislature Eric Fredericksen as the State Appellate Public Defender, term to expire August 1, 2022. Dear Madam President: Jonathan Loschi to the State Public Defense Commission, I have the honor to inform you that of term to expire July 1, 2021. Parma, Idaho, was appointed as the Administrator of the Office of Drug Policy to serve a term commencing January 7, 2019, LAKEY, Chairman and continuing at the pleasure of the Governor. [January 22, 2019 SENATE JOURNAL 39

This appointment was made subject to confirmation by the Introduction, First Reading, and Reference of Bills, Senate. Notice of appointment is hereby given. House Petitions, Resolutions, and Memorials

Sincerely, S 1018 /s/ Brad Little BY JUDICIARY AND RULES COMMITTEE Governor AN ACT The correspondence was ordered filed in the office of the RELATING TO PRISONERS; AMENDING SECTION Secretary of the Senate. 18-2509, IDAHO CODE, TO CLARIFY A CODE REFERENCE AND TO MAKE A TECHNICAL CORRECTION. The Gubernatorial appointment was referred to the Judiciary and Rules Committee. S 1019 BY JUDICIARY AND RULES COMMITTEE The Senate advanced to the Ninth Order of Business. AN ACT Messages from the House RELATING TO CIVIL ACTIONS; AMENDING SECTION 5-509, IDAHO CODE, TO PROVIDE THAT AN ORDER OF January 21, 2019 SERVICE MUST DIRECT CERTAIN ACTION IN CERTAIN INSTANCES AND TO MAKE TECHNICAL CORRECTIONS. Dear Madam President: I transmit herewith H 20, H 13, H 14, H 15, H 16, and H 17, S 1020 which have passed the House. BY JUDICIARY AND RULES COMMITTEE AN ACT MAULIN, Chief Clerk RELATING TO ELECTIONS; AMENDING SECTION 34-2127, IDAHO CODE, TO REVISE A PROVISION H 20, H 13, H 14, H 15, H 16, and H 17 were filed for first REGARDING WHEN THE SUPREME COURT MUST reading. RENDER A DECISION. The Senate advanced to the Tenth Order of Business. S 1021 BY JUDICIARY AND RULES COMMITTEE Motions and Resolutions AN ACT RELATING TO BAIL; AMENDING SECTION 19-2908, On request by Senator Winder, granted by unanimous IDAHO CODE, TO PROVIDE FOR AN ORDER consent, the committee report of the Gubernatorial WITHHOLDING JUDGMENT AND TO PROVIDE FOR AN re-appointment confirmation of Johnathan Mark Browning INFRACTION ACTION. retained its place on the calendar for Wednesday, January 23, 2019. S 1022 The President announced that the State Affairs Committee BY JUDICIARY AND RULES COMMITTEE report relative to the Gubernatorial appointment of Richelle AN ACT Sugiyama was before the Senate for final consideration, the RELATING TO JURIES; REPEALING SECTION 2-217, question being, "Shall the report be adopted?" IDAHO CODE, RELATING TO THE PENALTY FOR EVASION OF JURY SERVICE. On motion by Senator Winder, seconded by Senator Stennett, the Gubernatorial appointment of Richelle Sugiyama as a member S 1023 of the Treasurer's Investment Advisory Board was confirmed by BY JUDICIARY AND RULES COMMITTEE voice vote. AN ACT RELATING TO ASSAULT AND BATTERY; AMENDING The President declared the report adopted and directed the SECTION 18-915, IDAHO CODE, TO PROVIDE FOR Secretary of the Senate to prepare a letter of the Gubernatorial CERTAIN EMPLOYEES OF THE DEPARTMENT OF PARKS appointment confirmation for her signature, attested to by the AND RECREATION. Secretary, to be transmitted to the Governor informing him of the action of the Senate. S 1018, S 1019, S 1020, S 1021, S 1022, and S 1023 were introduced, read the first time at length, and referred to the The President announced that the State Affairs Committee Judiciary and Rules Committee for printing. report relative to the Gubernatorial appointment of Todd Gill was before the Senate for final consideration, the question being, H 20, by Appropriations Committee, was introduced, read "Shall the report be adopted?" the first time at length, and referred to the Finance Committee. On motion by Senator Winder, seconded by H 13, H 14, H 15, H 16, and H 17, by Revenue and Taxation Senator Ward-Engelking, the Gubernatorial appointment of Committee, were introduced, read the first time at length, and Todd Gill as a member of the Treasurer's Investment Advisory referred to the Local Government and Taxation Committee. Board was confirmed by voice vote. On request by Senator Winder, granted by unanimous The President declared the report adopted and directed the consent, the Senate advanced to the Thirteenth Order of Business. Secretary of the Senate to prepare a letter of the Gubernatorial appointment confirmation for her signature, attested to by the Third Reading of Bills Secretary, to be transmitted to the Governor informing him of the action of the Senate. S 1002 was read the third time at length, section by section, and placed before the Senate for final consideration. Senator The Senate advanced to the Eleventh Order of Business. 40 SENATE JOURNAL January 22, 2019]

Johnson arose as sponsor of the bill and opened the debate. The question being, "Shall the bill pass?" Roll call resulted as follows: AYES–Agenbroad, Anthon, Bair, Bayer, Brackett, Buckner-Webb, Burgoyne, Burtenshaw, Cheatham, Crabtree, Den Hartog, Grow, Guthrie, Harris, Heider, Hill, Johnson, Jordan, Lakey, Lee, Lent, Lodge, Martin, Mortimer, Nelson, Nye, Patrick, Rice, Souza, Stennett, Thayn, Vick, Ward-Engelking, Winder, Woodward. Total - 35. Whereupon the President declared S 1002 passed, title was approved, and the bill ordered transmitted 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 Stennett, by voice vote, the Senate adjourned at 11:52 a.m. until the hour of 11 a.m., Wednesday, January 23, 2019. JANICE MCGEACHIN, President Attest: JENNIFER NOVAK, Secretary [January 23, 2019 SENATE JOURNAL 41

SENATE JOURNAL the Committee recommends that said appointments be confirmed by the Senate: OF THE Hyrum Erickson to the Idaho Commission on Human Rights, IDAHO LEGISLATURE term to expire July 1, 2020. Kyle Wills as the State Athletic Commissioner, term to expire FIRST REGULAR SESSION October 1, 2022. SIXTY-FIFTH LEGISLATURE Paul Jagosh to the Idaho Commission on Human Rights, term to expire July 1, 2021. LODGE, Chairman

SEVENTEENTH LEGISLATIVE DAY The Gubernatorial appointments were referred to the Tenth WEDNESDAY, JANUARY 23, 2019 Order of Business, Motions and Resolutions, and ordered held at the Secretary's desk for one legislative day. On request by Senator Winder, granted by unanimous Senate Chamber consent, the Senate advanced to the Ninth Order of Business. President McGeachin called the Senate to order at 11 a.m. Roll call showed all members present except Senator Rice, Messages from the House absent and excused. January 22, 2019 Prayer was offered by Chaplain Montie Ralstin. Dear Madam President: The Pledge of Allegiance was led by Brigham Chelson, Page. I transmit herewith H 1, which has passed the House. The Senate advanced to the Third Order of Business. MAULIN, Chief Clerk Reading and Correction of the Journal H 1 was filed for first reading. The JUDICIARY AND RULES Committee reports that the The Senate advanced to the Tenth Order of Business. Senate Journal of the proceedings of January 22, 2019, was read and approved as corrected. Motions and Resolutions LAKEY, Chairman The President announced that the State Affairs Committee There being no objection, the report was adopted and ordered report relative to the Gubernatorial re-appointment of Jonathan filed in the office of the Secretary of the Senate. Mark Browning 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 Sixth Order of Business. On motion by Senator Souza, seconded by Reports of Standing Committees Senator Ward-Engelking, the Gubernatorial re-appointment of Jonathan Mark Browning as a member of the Idaho State Racing January 23, 2019 Commission was confirmed by voice vote. The JUDICIARY AND RULES Committee reports that The President declared the report adopted and directed the S 1018, S 1019, S 1020, S 1021, S 1022, and S 1023 have been Secretary of the Senate to prepare a letter of the Gubernatorial correctly printed. appointment confirmation for her signature, attested to by the Secretary, to be transmitted to the Governor informing him of LAKEY, Chairman the action of the Senate. S 1018, S 1019, S 1021, S 1022, and S 1023 were referred The President announced that the Judiciary and Rules to the Judiciary and Rules Committee. Committee report relative to the Gubernatorial appointment of S 1020 was referred to the State Affairs Committee. Brian Marx was before the Senate for final consideration, the question being, "Shall the report be adopted?" Senator Rice was recorded present at this order of business. On motion by Senator Burgoyne, seconded by January 22, 2019 Senator Cheatham, the Gubernatorial appointment of Brian Marx as a member of the Sexual Offender Management Board The FINANCE Committee reports out H 20, S 1016, and was confirmed by voice vote. S 1017 with the recommendation that they do pass. The President declared the report adopted and directed the BAIR, Chairman Secretary of the Senate to prepare a letter of the Gubernatorial H 20, S 1016, and S 1017 were filed for second reading. appointment confirmation for her signature, attested to by the Secretary, to be transmitted to the Governor informing him of January 23, 2019 the action of the Senate. The STATE AFFAIRS Committee reports it has had under The President announced that the Judiciary and Rules consideration the Gubernatorial appointments listed below and Committee report relative to the Gubernatorial appointment of 42 SENATE JOURNAL January 23, 2019]

Dan Dinning was before the Senate for final consideration, the S 1027 question being, "Shall the report be adopted?" BY HEALTH AND WELFARE COMMITTEE AN ACT On motion by Senator Cheatham, seconded by RELATING TO ORGAN DONORS; AMENDING SECTION Senator Stennett, the Gubernatorial appointment of Dan Dinning 39-3413, IDAHO CODE, TO REVISE PROVISIONS as a member of the State Public Defense Commission was REGARDING CERTAIN NOTIFICATION. confirmed by voice vote. S 1024, S 1025, S 1026, and S 1027 were introduced, read The President declared the report adopted and directed the the first time at length, and referred to the Judiciary and Rules Secretary of the Senate to prepare a letter of the Gubernatorial Committee for printing. appointment confirmation for her signature, attested to by the Secretary, to be transmitted to the Governor informing him of H 1, by Ways and Means Committee, was introduced, the action of the Senate. read the first time at length, and referred to the Resources and Environment Committee. The President announced that the Judiciary and Rules Committee report relative to the Gubernatorial re-appointment of On request by Senator Winder, granted by unanimous Eric Fredericksen was before the Senate for final consideration, consent, the Senate advanced to the Fifteenth Order of Business. the question being, "Shall the report be adopted?" Miscellaneous Business On motion by Senator Anthon, seconded by Senator Stennett, the Gubernatorial re-appointment of Eric Fredericksen as the On motion by Senator Winder, seconded by Senator Stennett, State Appellate Public Defender was confirmed by voice vote. by voice vote, the Senate adjourned at 11:31 a.m. until the hour of 11:15 a.m., Thursday, January 24, 2019. The President declared the report adopted and directed the Secretary of the Senate to prepare a letter of the Gubernatorial JANICE MCGEACHIN, President appointment confirmation for her signature, attested to by the Secretary, to be transmitted to the Governor informing him of Attest: JENNIFER NOVAK, Secretary the action of the Senate. On request by Senator Winder, granted by unanimous consent, the committee report of the Gubernatorial appointment confirmation of Johnathan Loschi retained its place on the calendar for Thursday, January 24, 2019. The Senate advanced to the Eleventh Order of Business.

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

S 1024 BY AGRICULTURAL AFFAIRS COMMITTEE AN ACT RELATING TO CROP RESIDUE BURNING; AMENDING SECTION 39-114, IDAHO CODE, TO REVISE PROVISIONS REGARDING PAYMENT OF A FEE; AND DECLARING AN EMERGENCY.

S 1025 BY FINANCE COMMITTEE AN ACT RELATING TO THE APPROPRIATION TO THE STEM ACTION CENTER FOR FISCAL YEAR 2019; APPROPRIATING ADDITIONAL MONEYS TO THE STEM ACTION CENTER FOR FISCAL YEAR 2019; AND DECLARING AN EMERGENCY.

S 1026 BY COMMERCE AND HUMAN RESOURCES COMMITTEE AN ACT RELATING TO PLATS AND VACATIONS AND RECORDING OF SURVEYS; AMENDING SECTION 50-1304, IDAHO CODE, TO PROVIDE FOR A SURVEYOR'S NARRATIVE; AND AMENDING SECTION 55-1906, IDAHO CODE, TO REVISE PROVISIONS REGARDING RECORDS OF SURVEY AND TO PROVIDE THAT A RECORD OF SURVEY SHALL CONTAIN A SURVEYOR'S NARRATIVE. [January 24, 2019 SENATE JOURNAL 43

SENATE JOURNAL January 16, 2019 OF THE The LOCAL GOVERNMENT AND TAXATION Committee reports out H 13 with the recommendation that it do IDAHO LEGISLATURE pass. RICE, Chairman FIRST REGULAR SESSION SIXTY-FIFTH LEGISLATURE H 13 was filed for second reading. January 23, 2019 The EDUCATION Committee reports it has had under consideration the Gubernatorial appointment listed below and EIGHTEENTH LEGISLATIVE DAY the Committee recommends that said appointment be confirmed THURSDAY, JANUARY 24, 2019 by the Senate: Deborah Critchfield to the State Board of Education, term to Senate Chamber expire July 1, 2023. President Pro Tempore Hill called the Senate to order at MORTIMER, Chairman 11:15 a.m. The Gubernatorial appointment was referred to the Tenth Roll call showed all members present except Senator Lodge, Order of Business, Motions and Resolutions, and ordered held absent and excused. at the Secretary's desk for one legislative day. Prayer was offered by Chaplain Montie Ralstin. January 24, 2019 The Pledge of Allegiance was led by Sebastian Griffin, Page. The JUDICIARY AND RULES Committee reports it has had under consideration the Gubernatorial appointments listed The Senate advanced to the Third Order of Business. below and the Committee recommends that said appointments be confirmed by the Senate: Reading and Correction of the Journal Anna Jane Dressen to the Commission on Pardons and Parole, term to expire January 1, 2022. The JUDICIARY AND RULES Committee reports that the Senate Journal of the proceedings of January 23, 2019, was read Matthew Allen Thomas to the Sexual Offender Management and approved as corrected. Board, term to expire January 1, 2022. LAKEY, Chairman LAKEY, Chairman There being no objection, the report was adopted and ordered The Gubernatorial re-appointments were referred to the filed in the office of the Secretary of the Senate. Tenth Order of Business, Motions and Resolutions, and ordered On request by Senator Winder, granted by unanimous held at the Secretary's desk for one legislative day. 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 January 24, 2019 January 23, 2019 The JUDICIARY AND RULES Committee reports that Dear Mr. President: S 1024, S 1025, S 1026, and S 1027 have been correctly printed. I transmit herewith H 28, which has passed the House. LAKEY, Chairman MAULIN, Chief Clerk S 1024 was referred to the Agricultural Affairs Committee. H 28 was filed for first reading. S 1025 was referred to the Finance Committee. S 1026 was referred to the Commerce and Human Resources The Senate advanced to the Tenth Order of Business. Committee. Motions and Resolutions S 1027 was referred to the Health and Welfare Committee. Senator Lodge was recorded present at this order of business. January 23, 2019 The President Pro Tempore announced that the Judiciary and The JUDICIARY AND RULES Committee reports out Rules Committee report relative to the Gubernatorial appointment S 1004 and S 1005 with the recommendation that they do pass. of Jonathan Loschi was before the Senate for final consideration, the question being, "Shall the report be adopted?" LAKEY, Chairman On motion by Senator Grow, seconded by Senator Burgoyne, S 1004 and S 1005 were filed for second reading. the Gubernatorial appointment of Jonathan Loschi as a member 44 SENATE JOURNAL January 24, 2019] of the State Public Defense Commission was confirmed by voice BRENT HILL, President Pro Tempore vote. Attest: JENNIFER NOVAK, Secretary 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, attested to by the Secretary, to be transmitted to the Governor informing him of the action of the Senate. On request by Senator Winder, granted by unanimous consent, the committee report of the Gubernatorial appointment confirmation of Hyrum Erickson retained its place on the calendar for Monday, January 28, 2019. The President Pro Tempore announced that the State Affairs Committee report relative to the Gubernatorial appointment of Kyle Wills was before the Senate for final consideration, the question being, "Shall the report be adopted?" On motion by Senator Harris, seconded by Senator Buckner-Webb, the Gubernatorial appointment of Kyle Wills as a member of the State Athletic Commissioner was confirmed by voice vote. 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, attested to by the Secretary, to be transmitted to the Governor informing him of the action of the Senate. The President Pro Tempore announced that the State Affairs Committee report relative to the Gubernatorial re-appointment of Paul Jagosh was before the Senate for final consideration, the question being, "Shall the report be adopted?" On motion by Senator Buckner-Webb, seconded by Senator Souza, the Gubernatorial re-appointment of Paul Jagosh as a member of the Idaho Commission on Human Rights was confirmed by voice vote. 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, attested to by the Secretary, to be transmitted to the Governor informing him of the action of the Senate. The Senate advanced to the Eleventh Order of Business. Introduction, First Reading, and Reference of Bills, House Petitions, Resolutions, and Memorials H 28, by Appropriations Committee, was introduced, read the first time at length, and referred to the Finance Committee. The Senate advanced to the Twelfth Order of Business. Second Reading of Bills H 20, by Appropriations Committee, was read the second time at length and filed for third reading. S 1016 and S 1017, by Finance Committee, were read the second time at length and filed for third reading. 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 Stennett, by voice vote, the Senate adjourned at 11:40 a.m. until the hour of 11 a.m., Friday, January 25, 2019. [January 25, 2019 SENATE JOURNAL 45

SENATE JOURNAL On request by Senator Winder, granted by unanimous consent, the Senate advanced to the Eighth Order of Business. OF THE Messages from the Governor IDAHO LEGISLATURE January 2, 2019 FIRST REGULAR SESSION The Honorable Brad Little SIXTY-FIFTH LEGISLATURE President of the Senate Idaho Legislature Dear Mr. President: I have the honor to inform you that Jeffrey A. Betts of Boise, NINETEENTH LEGISLATIVE DAY Idaho, was re-appointed as a member of the Sexual Offender FRIDAY, JANUARY 25, 2019 Management Board to serve a term commencing January 1, 2019, and expiring January 1, 2022.

Senate Chamber This appointment was made subject to confirmation by the Senate. Notice of appointment is hereby given. President Pro Tempore Hill called the Senate to order at 11 a.m. As Always - Idaho, Esto Perpetua /s/ C.L. "Butch" Otter Roll call showed all members present except Senators Grow, Governor Lakey, Rice, and Thayn, absent and formally excused by the Chair. The correspondence was ordered filed in the office of the Secretary of the Senate. Prayer was offered by Chaplain Montie Ralstin. The Gubernatorial appointment was referred to the Judiciary The Pledge of Allegiance was led by Drew Bingham, Page. and Rules Committee. The Senate advanced to the Third Order of Business. January 23, 2019 Reading and Correction of the Journal The Honorable Janice McGeachin President of the Senate The JUDICIARY AND RULES Committee reports that the Idaho Legislature Senate Journal of the proceedings of January 24, 2019, was read and approved as corrected. Dear Madam President: LAKEY, Chairman I have the honor to inform you that Judy Bicknell Taylor of Boise, Idaho, was appointed as the Administrator of the Idaho There being no objection, the report was adopted and ordered Commission on Aging to serve a term commencing January 7, filed in the office of the Secretary of the Senate. 2019, and continuing at the pleasure of the Governor. On request by Senator Winder, granted by unanimous This appointment was made subject to confirmation by the consent, the Senate advanced to the Sixth Order of Business. Senate. Notice of appointment is hereby given. Reports of Standing Committees Sincerely, January 24, 2019 /s/ Brad Little Governor The FINANCE Committee reports out H 28 and S 1025 with the recommendation that they do pass. The correspondence was ordered filed in the office of the Secretary of the Senate. BAIR, Chairman The Gubernatorial appointment was referred to the State H 28 and S 1025 were filed for second reading. Affairs Committee. January 25, 2019 January 23, 2019 The STATE AFFAIRS Committee reports it has had under The Honorable Janice McGeachin consideration the Gubernatorial appointment listed below and the President of the Senate Committee recommends that said appointment be confirmed by Idaho Legislature the Senate: Dear Madam President: Alex Adams as the Administrator of Division of Financial Management, term to continue at the pleasure of the Governor. I have the honor to inform you that Susan Buxton of Boise, Idaho, was appointed as the Administrator of the Division of LODGE, Chairman Human Resources to serve a term commencing January 7, 2019, and continuing at the pleasure of the Governor. The Gubernatorial appointment was referred to the Tenth Order of Business, Motions and Resolutions, and ordered held This appointment was made subject to confirmation by the at the Secretary's desk for one legislative day. Senate. Notice of appointment is hereby given. 46 SENATE JOURNAL January 25, 2019]

Sincerely, This appointment was made subject to confirmation by the /s/ Brad Little Senate. Notice of appointment is hereby given. Governor Sincerely, The correspondence was ordered filed in the office of the /s/ Brad Little Secretary of the Senate. Governor The Gubernatorial appointment was referred to the The correspondence was ordered filed in the office of the Commerce and Human Resources Committee. Secretary of the Senate. January 23, 2019 The Gubernatorial appointment was referred to the Resources and Environment Committee. The Honorable Janice McGeachin President of the Senate January 23, 2019 Idaho Legislature The Honorable Janice McGeachin Dear Madam President: President of the Senate I have the honor to inform you that of Meridian, Idaho Legislature Idaho, was re-appointed as the Director of the Department of Dear Madam President: Environmental Quality to serve a term commencing January 7, 2019, and continuing at the pleasure of the Governor. I have the honor to inform you that Thomas Limbaugh of Fruitland, Idaho, was re-appointed as a member of the Idaho This appointment was made subject to confirmation by the Industrial Commission to serve a term commencing January 14, Senate. Notice of appointment is hereby given. 2019, and expiring January 14, 2025. Sincerely, This appointment was made subject to confirmation by the /s/ Brad Little Senate. Notice of appointment is hereby given. Governor Sincerely, The correspondence was ordered filed in the office of the /s/ Brad Little Secretary of the Senate. Governor The Gubernatorial appointment was referred to the Health and Welfare Committee. The correspondence was ordered filed in the office of the Secretary of the Senate. January 23, 2019 The Gubernatorial appointment was referred to the The Honorable Janice McGeachin Commerce and Human Resources Committee. President of the Senate Idaho Legislature The Senate advanced to the Ninth Order of Business. Dear Madam President: Messages from the House I have the honor to inform you that Gary Spackman of Eagle, January 24, 2019 Idaho, was re-appointed as the Director of the Idaho Department Dear Mr. President: of Water Resources to serve a term commencing January 7, 2019, and continuing at the pleasure of the Governor. I transmit herewith H 19 and H 27, which have passed the This appointment was made subject to confirmation by the House. Senate. Notice of appointment is hereby given. MAULIN, Chief Clerk Sincerely, H 19 and H 27 were filed for first reading. /s/ Brad Little Governor The Senate advanced to the Tenth Order of Business. The correspondence was ordered filed in the office of the Motions and Resolutions Secretary of the Senate. The President Pro Tempore announced that the Education The Gubernatorial appointment was referred to the Committee report relative to the Gubernatorial re-appointment of Resources and Environment Committee. Deborah Critchfield was before the Senate for final consideration, the question being, "Shall the report be adopted?" January 23, 2019 The Honorable Janice McGeachin On motion by Senator Anthon, seconded by President of the Senate Senator Buckner-Webb, the Gubernatorial re-appointment Idaho Legislature of Deborah Critchfield as a member of the State Board of Education was confirmed by voice vote. Dear Madam President: The President Pro Tempore declared the report adopted I have the honor to inform you that Scott Pugrud of Boise, and directed the Secretary of the Senate to prepare a letter of Idaho, was appointed as the Administrator of the Office of the Gubernatorial appointment confirmation for his signature, Species Conservation to serve a term commencing January 7, attested to by the Secretary, to be transmitted to the Governor 2019, and continuing at the pleasure of the Governor. informing him of the action of the Senate. [January 25, 2019 SENATE JOURNAL 47

The President Pro Tempore announced that the Judiciary DATE OF THE MEETING AT WHICH A BOARD OF and Rules Committee report relative to the Gubernatorial SCHOOL DISTRICT TRUSTEES SHALL PERFORM appointment of Anna Jane Dressen was before the Senate for CERTAIN ORGANIZATIONAL ACTIONS AND TO MAKE final consideration, the question being, "Shall the report be TECHNICAL CORRECTIONS. adopted?" S 1028, S 1029, and S 1030 were introduced, read the first On motion by Senator Cheatham, seconded by time at length, and referred to the Judiciary and Rules Committee Senator Nelson, the Gubernatorial re-appointment of Anna Jane for printing. Dressen as a member of the Commission on Pardons and Parole was confirmed by voice vote. H 19, by Revenue and Taxation Committee, was introduced, read the first time at length, and referred to the Local Government The President Pro Tempore declared the report adopted and Taxation Committee. and directed the Secretary of the Senate to prepare a letter of the Gubernatorial appointment confirmation for his signature, H 27, by Revenue and Taxation Committee, was introduced, attested to by the Secretary, to be transmitted to the Governor read the first time at length, and referred to the Commerce and informing him of the action of the Senate. Human Resources Committee. On request by Senator Winder, granted by unanimous The Senate advanced to the Twelfth Order of Business. consent, the committee report of the Gubernatorial re-appointment confirmation of Matthew Allen Thomas retained Second Reading of Bills its place on the calendar for Monday, January 28, 2019. S 1004 and S 1005, by Judiciary and Rules Committee, were The Senate advanced to the Eleventh Order of Business. read the second time at length and filed for third reading. Introduction, First Reading, and Reference of Bills, H 13, by Revenue and Taxation Committee, was read the House Petitions, Resolutions, and Memorials second time at length and filed for third reading. S 1028 On request by Senator Winder, granted by unanimous BY COMMERCE AND HUMAN RESOURCES consent, the Senate advanced to the Fifteenth Order of Business. COMMITTEE AN ACT Miscellaneous Business RELATING TO WORKER'S COMPENSATION; AMENDING SECTION 72-451, IDAHO CODE, TO PROVIDE THAT On motion by Senator Winder, seconded by Senator Stennett, CERTAIN PSYCHOLOGICAL INJURIES AFFECTING FIRST by voice vote, the Senate adjourned at 11:23 a.m. until the hour RESPONDERS SHALL BE COMPENSABLE AND TO of 11 a.m., Monday, January 28, 2019. MAKE TECHNICAL CORRECTIONS; AND PROVIDING A BRENT HILL, President Pro Tempore SUNSET DATE. Attest: JENNIFER NOVAK, Secretary S 1029 BY EDUCATION COMMITTEE AN ACT RELATING TO THE SCHOOL TURNAROUND ACT; AMENDING TITLE 33, IDAHO CODE, BY THE ADDITION OF A NEW CHAPTER 61, TITLE 33, IDAHO CODE, TO PROVIDE A SHORT TITLE, TO PROVIDE DEFINITIONS, TO PROVIDE FOR THE DESIGNATION OF SCHOOLS IN NEED OF INTERVENTION, TO PROVIDE FOR A CERTAIN COMMITTEE, TO ESTABLISH PROVISIONS REGARDING INDEPENDENT SCHOOL TURNAROUND EXPERTS, TO ESTABLISH PROVISIONS REGARDING SCHOOL TURNAROUND PLANS, TO PROVIDE DUTIES FOR THE GOVERNING AUTHORITIES OF CERTAIN SCHOOLS, TO ESTABLISH PROVISIONS REGARDING FAILURE OF SCHOOLS IN NEED OF INTERVENTION TO IMPROVE, TO ESTABLISH THE SCHOOL RECOGNITION AND REWARD PROGRAM, TO ESTABLISH THE SCHOOL LEADERSHIP DEVELOPMENT PROGRAM, TO PROVIDE FOR CERTAIN REPORTS, TO ESTABLISH PROVISIONS REGARDING PUBLIC CHARTER SCHOOLS, TO PROVIDE RULEMAKING AUTHORITY, AN APPEALS PROCESS, AND DUTIES OF THE STATE DEPARTMENT OF EDUCATION, AND TO PROVIDE SEVERABILITY.

S 1030 BY EDUCATION COMMITTEE AN ACT RELATING TO SCHOOL BOARD TRUSTEES; AMENDING SECTION 33-506, IDAHO CODE, TO REVISE THE 48 SENATE JOURNAL January 28, 2019]

SENATE JOURNAL I have the honor to inform you that I have appointed Troy Rohn of Boise, Idaho, to be Acting State Senator for Legislative OF THE District 19, Ada, State of Idaho. This appointment is effective January 28, 2019, and will IDAHO LEGISLATURE continue through January 30, 2019. FIRST REGULAR SESSION Sincerely, SIXTY-FIFTH LEGISLATURE /s/ Brad Little Governor THE OFFICE OF THE GOVERNOR EXECUTIVE DEPARTMENT BOISE, IDAHO TWENTY-SECOND LEGISLATIVE DAY CERTIFICATE OF APPOINTMENT MONDAY, JANUARY 28, 2019 KNOW ALL PEOPLE, that pursuant to the provisions of Section 59-917, Idaho Code, Cherie Buckner-Webb, State Senate Chamber Senator, District 19, Ada County, State of Idaho, has nominated Troy Rohn of Boise, Idaho, to perform the duties of this office President McGeachin called the Senate to order at 11 a.m. temporarily as Acting State Senator, District 19, Ada County, Roll call showed all members present except Senators State of Idaho. Anthon, Buckner-Webb, and Lee, absent and formally excused NOW, THEREFORE, I, Brad Little, Governor of the State by the Chair. of Idaho, by virtue of the authority vested in me do hereby appoint Troy Rohn of Boise, Idaho to the office of Acting State Prayer was offered by Chaplain Montie Ralstin. Senator, District 19, Ada, State of Idaho, for a term commencing The Pledge of Allegiance was led by Chase Knott, Page. on January 28, 2019, through Wednesday, January 30, 2019. The Senate advanced to the Third Order of Business. IN TESTIMONY WHEREOF, I have hereunto set my hand and caused to be affixed the Great Seal of the State of Idaho at the Reading and Correction of the Journal Capitol in Boise on this Twenty-second day of January, in the year of our Lord two thousand and nineteen and of the Independence The JUDICIARY AND RULES Committee reports that the of the United States of America, the two hundred and forty-third Senate Journal of the proceedings of January 25, 2019, was read year and of the Statehood of Idaho the one hundred twenty-nine. and approved as corrected. /s/ BY THE GOVERNOR BRAD LITTLE LAKEY, Chairman /s/ SECRETARY OF STATE LAWERENCE DENNEY There being no objection, the report was adopted and ordered The correspondence and Certificate of Appointment were filed in the office of the Secretary of the Senate. ordered filed in the office of the Secretary of the Senate. On request by Senator Winder, granted by unanimous The President announced that the Oath of Office had been consent, the Senate advanced to the Sixth Order of Business. administered previously to Acting Senator Rohn, and he was recorded present at this order of business. Reports of Standing Committees January 25, 2019 January 28, 2019 The Honorable Janice McGeachin The JUDICIARY AND RULES Committee reports that President of the Senate S 1028, S 1029, and S 1030 have been correctly printed. Idaho Legislature LAKEY, Chairman Dear Madam President: S 1028 was referred to the Commerce and Human Resources I have the honor to inform you that I have appointed Committee. Regina Bayer of Meridian, Idaho, to the office of State Senator S 1029 and S 1030 were referred to the Education for Legislative District 21, Ada County, State of Idaho. The Committee. appointment is effective January 25, 2019, and will continue until the next general election when the term of office expires. On request by Senator Winder, granted by unanimous consent, the Senate advanced to the Eighth Order of Business. Sincerely, /s/ Brad Little Messages from the Governor Governor January 22, 2019 THE OFFICE OF THE GOVERNOR EXECUTIVE DEPARTMENT The Honorable Janice McGeachin BOISE, IDAHO President of the Senate CERTIFICATE OF APPOINTMENT Idaho Legislature KNOW ALL PEOPLE, by these present, that pursuant to Dear Madam President: the provisions of Section 59-904A, Idaho Code, the District 21 [January 28, 2019 SENATE JOURNAL 49

Legislative Committee of the Republican Party has submitted a The correspondence was ordered filed in the office of the list of three names for consideration in filling a vacancy in the Secretary of the Senate. Idaho State Senate. The Gubernatorial appointment was referred to the State NOW, THEREFORE, I, Brad Little, Governor of the State Affairs Committee. of Idaho, by virtue of the authority vested in me do hereby appoint Regina M. Bayer of Meridian, Idaho, to the office of January 25, 2019 State Senator, District 21, for a term commencing Friday January The Honorable Janice McGeachin 25, 2019, and continuing until the next general election when President of the Senate the term of office expires. Idaho Legislature IN TESTIMONY WHEREOF, I have hereunto set my hand and caused to be affixed the Great Seal of the State of Idaho at the Dear Madam President: Capitol in Boise on this Twenty-fifth day of January, in the year I have the honor to inform you that Bryan Mooney of of our Lord two thousand and nineteen and of the Independence Boise, Idaho, was appointed as the Director of the Department of the United States of America, the two hundred and forty-third of Administration to serve a term commencing January 7, 2019, year and of the Statehood of Idaho the one hundred twenty-nine. and continuing at the pleasure of the Governor. /s/ BY THE GOVERNOR BRAD LITTLE This appointment was made subject to confirmation by the /s/ SECRETARY OF STATE LAWERENCE DENNEY Senate. Notice of appointment is hereby given. The correspondence and Certificate of Appointment were Sincerely, ordered filed in the office of the Secretary of the Senate. /s/ Brad Little The President announced that the Oath of Office had been Governor administered previously to Senator Bayer. The correspondence was ordered filed in the office of the January 25, 2019 Secretary of the Senate. The Honorable Janice McGeachin The Gubernatorial appointment was referred to the President of the Senate Commerce and Human Resources Committee. Idaho Legislature On request by Senator Winder, granted by unanimous Dear Madam President: consent, the Senate advanced to the Tenth Order of Business. I have the honor to inform you that Jeffrey R. Anderson Motions and Resolutions of Boise, Idaho, was re-appointed as the Director of the State Liquor Division to serve a term commencing January 28, 2019, The President announced that the State Affairs Committee and expiring January 7, 2022. report relative to the Gubernatorial appointment of Hyrum Erickson was before the Senate for final consideration, the This appointment was made subject to confirmation by the question being, "Shall the report be adopted?" Senate. Notice of appointment is hereby given. On motion by President Pro Tempore Hill, seconded by Sincerely, Senator Jordan, the Gubernatorial appointment of Hyrum /s/ Brad Little Erickson as a member of the Idaho Commission on Human Governor Rights was confirmed by voice vote. The correspondence was ordered filed in the office of the 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 her signature, attested to by the The Gubernatorial appointment was referred to the State Secretary, to be transmitted to the Governor informing him of Affairs Committee. the action of the Senate. January 25, 2019 On request by Senator Winder, granted by unanimous The Honorable Janice McGeachin consent, the committee report of the Gubernatorial appointment President of the Senate confirmation of Matthew Allen Thomas retained its place on the Idaho Legislature calendar for Tuesday, January 29, 2019. Dear Madam President: The President announced that the State Affairs Committee report relative to the Gubernatorial appointment of Alex Adams I have the honor to inform you that Jeffrey R. Anderson was before the Senate for final consideration, the question being, of Boise, Idaho, was re-appointed as the Director of the Idaho "Shall the report be adopted?" Lottery Commission to serve a term commencing January 7, 2019, and continuing at the pleasure of the Governor. On motion by President Pro Tempore Hill, seconded by Senator Stennett, the Gubernatorial appointment of Alex Adams This appointment was made subject to confirmation by the as the Administrator of the Division of Financial Management Senate. Notice of appointment is hereby given. was confirmed by voice vote. Sincerely, The President declared the report adopted and directed the /s/ Brad Little Secretary of the Senate to prepare a letter of the Gubernatorial Governor appointment confirmation for her signature, attested to by the 50 SENATE JOURNAL January 28, 2019]

Secretary, to be transmitted to the Governor informing him of Roll call resulted as follows: the action of the Senate. AYES–Agenbroad, Bair, Bayer, Brackett, Burgoyne, On request by Senator Winder, granted by unanimous Burtenshaw, Cheatham, Crabtree, Den Hartog, Grow, Guthrie, consent, the Senate advanced to the Twelfth Order of Business. Harris, Heider, Hill, Johnson, Jordan, Lakey, Lent, Lodge, Martin, Mortimer, Nelson, Nye, Patrick, Rice, Rohn (Buckner-Webb), Second Reading of Bills Souza, Stennett, Thayn, Vick, Ward-Engelking, Winder, H 28, by Appropriations Committee, was read the second Woodward. Total - 33. time at length and filed for third reading. NAYS–None. S 1025, by Finance Committee, was read the second time at Absent and excused–Anthon, Lee. Total - 2. length and filed for third reading. Total - 35. The Senate advanced to the Thirteenth Order of Business. Third Reading of Bills Whereupon the President declared S 1016 passed, title was approved, and the bill ordered transmitted to the House. On request by Senator Winder, granted by unanimous consent, H 13 was placed at the head of the Third Reading On request by Senator Winder, granted by unanimous Calendar. consent, S 1017 and S 1004 retained their place on the Third Reading Calendar for one legislative day. H 13 was read the third time at length, section by section, and placed before the Senate for final consideration. President Pro On request by Senator Winder, granted by unanimous Tempore Hill arose as sponsor of the bill and opened the debate. consent, S 1005 retained its place on the Third Reading Calendar The question being, "Shall the bill pass?" for Monday, February 4, 2019. Roll call resulted as follows: On request by Senator Winder, granted by unanimous consent, the Senate advanced to the Fifteenth Order of Business. AYES–Agenbroad, Bair, Bayer, Brackett, Burgoyne, Burtenshaw, Cheatham, Crabtree, Den Hartog, Grow, Guthrie, Miscellaneous Business Harris, Heider, Hill, Johnson, Jordan, Lakey, Lent, Lodge, Mortimer, Nelson, Nye, Patrick, Rice, Rohn (Buckner-Webb), On motion by Senator Winder, seconded by Senator Stennett, Souza, Stennett, Thayn, Vick, Ward-Engelking, Winder, by voice vote, the Senate adjourned at 11:46 a.m. until the hour Woodward. Total - 32. of 11 a.m., Tuesday, January 29, 2019. NAYS–None. JANICE MCGEACHIN, President Absent and excused–Anthon, Lee, Martin. Total - 3. Attest: JENNIFER NOVAK, Secretary Total - 35. Whereupon the President declared H 13 passed, title was approved, and the bill ordered returned to the House. H 20 was read the third time at length, section by section, and placed before the Senate for final consideration. Senator Nye arose as sponsor of the bill and opened the debate. The question being, "Shall the bill pass?" Roll call resulted as follows: AYES–Agenbroad, Bair, Bayer, Brackett, Burgoyne, Burtenshaw, Cheatham, Crabtree, Den Hartog, Grow, Guthrie, Harris, Heider, Hill, Johnson, Jordan, Lakey, Lent, Lodge, Martin, Mortimer, Nelson, Nye, Patrick, Rice, Rohn (Buckner-Webb), Souza, Stennett, Thayn, Vick, Ward-Engelking, Winder, Woodward. Total - 33. NAYS–None. Absent and excused–Anthon, Lee. Total - 2. Total - 35. Whereupon the President declared H 20 passed, title was approved, and the bill ordered returned to the House. S 1016 was read the third time at length, section by section, and placed before the Senate for final consideration. Senator Nye arose as sponsor of the bill and opened the debate. The question being, "Shall the bill pass?" [January 29, 2019 SENATE JOURNAL 51

SENATE JOURNAL The Gubernatorial appointments 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. On request by Senator Winder, granted by unanimous IDAHO LEGISLATURE consent, the Senate advanced to the Eighth Order of Business. FIRST REGULAR SESSION Messages from the Governor SIXTY-FIFTH LEGISLATURE Senator Lodge was recorded present at this order of business. January 28, 2019 The Honorable Janice McGeachin TWENTY-THIRD LEGISLATIVE DAY President of the Senate TUESDAY, JANUARY 29, 2019 Idaho Legislature Dear Madam President: Senate Chamber I have the honor to inform you that Celia Gould of Boise, President McGeachin called the Senate to order at 11 a.m. Idaho, was re-appointed as the Director of the Department of Agriculture to serve a term commencing January 7, 2019, and Roll call showed all members present except Senators Den continuing at the pleasure of the Governor. Hartog, Lodge, and Thayn, absent and excused. This appointment was made subject to confirmation by the Prayer was offered by Chaplain Montie Ralstin. Senate. Notice of appointment is hereby given. The Pledge of Allegiance was led by Isaac Lee, Page. Sincerely, The Senate advanced to the Third Order of Business. /s/ Brad Little Governor Reading and Correction of the Journal The correspondence was ordered filed in the office of the The JUDICIARY AND RULES Committee reports that the Secretary of the Senate. Senate Journal of the proceedings of January 28, 2019, was read and approved as corrected. The Gubernatorial appointment was referred to the Agricultural Affairs Committee. LAKEY, Chairman January 28, 2019 There being no objection, the report was adopted and ordered filed in the office of the Secretary of the Senate. The Honorable Janice McGeachin President of the Senate On request by Senator Winder, granted by unanimous Idaho Legislature consent, the Senate advanced to the Sixth Order of Business. Dear Madam President: Reports of Standing Committees January 29, 2019 I have the honor to inform you that Ashley Dowell of Meridian, Idaho, was appointed as the Executive Director of the The RESOURCES AND ENVIRONMENT Committee Commission on Pardons and Parole to serve a term commencing reports it has had under consideration the Gubernatorial January 22, 2019, and continuing at the pleasure of the Governor. appointments listed below and the Committee recommends that said appointments be confirmed by the Senate: This appointment was made subject to confirmation by the Senate. Notice of appointment is hereby given. Dale Van Stone to the Idaho Water Resource Board, term to expire January 1, 2023. Sincerely, /s/ Brad Little Jeffery Raybould to the Idaho Water Resource Board, term Governor to expire January 1, 2023. The correspondence was ordered filed in the office of the Jo Ann Cole-Hansen to the Idaho Water Resource Board, Secretary of the Senate. term to expire January 1, 2023. The Gubernatorial appointment was referred to the Judiciary Lane Clezie to the Idaho Fish and Game Commission, term and Rules Committee. to expire June 30, 2022. January 28, 2019 Peter Van Der Meulen to the Idaho Water Resource Board, term to expire January 1, 2023. The Honorable Janice McGeachin President of the Senate Tim Murphy to the Idaho Fish and Game Commission, term Idaho Legislature to expire June 30, 2022. Dear Madam President: HEIDER, Chairman 52 SENATE JOURNAL January 29, 2019]

I have the honor to inform you that Colonel Kedrick Wills of Introduction, First Reading, and Reference of Bills, Meridian, Idaho, was re-appointed as the Director of the Idaho House Petitions, Resolutions, and Memorials State Police to serve a term commencing January 7, 2019, and continuing at the pleasure of the Governor. S 1031 BY FINANCE COMMITTEE This appointment was made subject to confirmation by the AN ACT Senate. Notice of appointment is hereby given. RELATING TO APPROPRIATIONS; PROVIDING AN Sincerely, APPROPRIATION AND A TRANSFER OF FUNDS TO THE /s/ Brad Little HAZARDOUS SUBSTANCE EMERGENCY RESPONSE Governor FUND; AND DECLARING AN EMERGENCY. The correspondence was ordered filed in the office of the S 1032 Secretary of the Senate. BY FINANCE COMMITTEE AN ACT The Gubernatorial appointment was referred to the Judiciary RELATING TO THE APPROPRIATION TO THE and Rules Committee. DEPARTMENT OF ADMINISTRATION FOR FISCAL The Senate advanced to the Ninth Order of Business. YEAR 2019; APPROPRIATING ADDITIONAL MONEYS TO THE DEPARTMENT OF ADMINISTRATION FOR THE PUBLIC WORKS PROGRAM FOR FISCAL YEAR Messages from the House 2019; APPROPRIATING ADDITIONAL MONEYS TO THE DEPARTMENT OF ADMINISTRATION FOR THE January 28, 2019 PUBLIC WORKS PROGRAM FOR FISCAL YEAR Dear Madam President: 2019; APPROPRIATING ADDITIONAL MONEYS TO THE DEPARTMENT OF ADMINISTRATION FOR THE I transmit herewith H 35, H 36, H 2, H 4, H 5, H 6, H 30, PURCHASING PROGRAM FOR FISCAL YEAR 2019; H 31, H 32, H 33, H 7, H 8, and H 18, which have passed the REDUCING THE APPROPRIATION TO THE DEPARTMENT House. OF ADMINISTRATION FOR THE PUBLIC WORKS PROGRAM FOR FISCAL YEAR 2019; AUTHORIZING MAULIN, Chief Clerk ADDITIONAL FULL-TIME EQUIVALENT POSITIONS; H 35, H 36, H 2, H 4, H 5, H 6, H 30, H 31, H 32, H 33, AND DECLARING AN EMERGENCY. H 7, H 8, and H 18 were filed for first reading. S 1033 January 28, 2019 BY HEALTH AND WELFARE COMMITTEE AN ACT Dear Madam President: RELATING TO ANATOMICAL GIFTS; AMENDING I return herewith S 1002, which has passed the House. SECTION 39-3413, IDAHO CODE, TO REVISE PROVISIONS REGARDING CERTAIN NOTIFICATION. MAULIN, Chief Clerk S 1034 S 1002 was referred to the Judiciary and Rules Committee BY HEALTH AND WELFARE COMMITTEE for enrolling. AN ACT RELATING TO HEALTH INSURANCE; AMENDING The Senate advanced to the Tenth Order of Business. CHAPTER 18, TITLE 41, IDAHO CODE, BY THE ADDITION OF A NEW SECTION 41-1853, IDAHO CODE, TO ESTABLISH PROVISIONS REGARDING ANTICANCER Motions and Resolutions MEDICATIONS. Senators Thayn and Den Hartog were recorded present at this S 1031, S 1032, S 1033, and S 1034 were introduced, read order of business. the first time at length, and referred to the Judiciary and Rules Committee for printing. The President announced that the Judiciary and Rules Committee report relative to the Gubernatorial re-appointment H 35 and H 36, by Appropriations Committee, were of Matthew Allen Thomas was before the Senate for final introduced, read the first time at length, and referred to the consideration, the question being, "Shall the report be adopted?" Finance Committee. On motion by Senator Lee, seconded by Senator Stennett, H 2, by Transportation and Defense Committee, was the Gubernatorial re-appointment of Matthew Allen Thomas introduced, read the first time at length, and referred to the as a member of the Sexual Offender Management Board was Transportation Committee. confirmed by voice vote. H 4, H 5, and H 6, by Health and Welfare Committee, The President declared the report adopted and directed the were introduced, read the first time at length, and referred to the Secretary of the Senate to prepare a letter of the Gubernatorial Commerce and Human Resources Committee. re-appointment confirmation for her signature, attested to by the Secretary, to be transmitted to the Governor informing him of the H 30, H 31, H 32, and H 33, by Judiciary, Rules and action of the Senate. Administration Committee, were introduced, read the first time at length, and referred to the Judiciary and Rules Committee. The Senate advanced to the Eleventh Order of Business. [January 29, 2019 SENATE JOURNAL 53

H 7, by Health and Welfare Committee, was introduced, read AYES–Agenbroad, Anthon, Bair, Bayer, Brackett, Burgoyne, the first time at length, and referred to the Commerce and Human Burtenshaw, Cheatham, Crabtree, Den Hartog, Grow, Guthrie, Resources Committee. Harris, Heider, Hill, Johnson, Jordan, Lakey, Lee, Lent, Lodge, Martin, Mortimer, Nelson, Nye, Patrick, Rice, Rohn H 8 and H 18, by Health and Welfare Committee, were (Buckner-Webb), Souza, Stennett, Thayn, Vick, Ward-Engelking, introduced, read the first time at length, and referred to the Winder, Woodward. Total - 35. Health and Welfare Committee. Whereupon the President declared S 1025 passed, title was On request by Senator Winder, granted by unanimous approved, and the bill ordered transmitted to the House. consent, the Senate advanced to the Thirteenth Order of Business. On request by Senator Winder, granted by unanimous Third Reading of Bills consent, the Senate advanced to the Fifteenth Order of Business. S 1017 was read the third time at length, section by section, Miscellaneous Business and placed before the Senate for final consideration. Senator Lee arose as sponsor of the bill and opened the debate. The question On motion by Senator Winder, seconded by Senator Stennett, being, "Shall the bill pass?" by voice vote, the Senate adjourned at 11:38 a.m. until the hour of 11 a.m., Wednesday, January 30, 2019. Roll call resulted as follows: JANICE MCGEACHIN, President AYES–Agenbroad, Anthon, Bair, Bayer, Brackett, Burgoyne, Burtenshaw, Cheatham, Crabtree, Den Hartog, Grow, Guthrie, Attest: JENNIFER NOVAK, Secretary Harris, Heider, Hill, Johnson, Jordan, Lakey, Lee, Lent, Lodge, Martin, Mortimer, Nelson, Nye, Patrick, Rice, Rohn (Buckner-Webb), Souza, Stennett, Thayn, Vick, Ward-Engelking, Winder, Woodward. Total - 35. Whereupon the President declared S 1017 passed, title was approved, and the bill ordered transmitted to the House. S 1004 was read the third time at length, section by section, and placed before the Senate for final consideration. Senator Cheatham arose as sponsor of the bill and opened the debate. The question being, "Shall the bill pass?" Roll call resulted as follows: AYES–Agenbroad, Anthon, Bair, Bayer, Brackett, Burgoyne, Burtenshaw, Cheatham, Crabtree, Den Hartog, Grow, Guthrie, Harris, Heider, Hill, Johnson, Jordan, Lakey, Lee, Lent, Lodge, Martin, Mortimer, Nelson, Nye, Patrick, Rice, Rohn (Buckner-Webb), Souza, Stennett, Thayn, Vick, Ward-Engelking, Winder, Woodward. Total - 35. Whereupon the President declared S 1004 passed, title was approved, and the bill ordered transmitted to the House. H 28 was read the third time at length, section by section, and placed before the Senate for final consideration. Senator Burtenshaw arose as sponsor of the bill and opened the debate. The question being, "Shall the bill pass?" Roll call resulted as follows: AYES–Agenbroad, Anthon, Bair, Bayer, Brackett, Burgoyne, Burtenshaw, Cheatham, Crabtree, Den Hartog, Grow, Guthrie, Harris, Heider, Hill, Johnson, Jordan, Lakey, Lee, Lent, Lodge, Martin, Mortimer, Nelson, Nye, Patrick, Rice, Rohn (Buckner-Webb), Souza, Stennett, Thayn, Vick, Ward-Engelking, Winder, Woodward. Total - 35. Whereupon the President declared H 28 passed, title was approved, and the bill ordered returned to the House. S 1025 was read the third time at length, section by section, and placed before the Senate for final consideration. Senator Agenbroad arose as sponsor of the bill and opened the debate. The question being, "Shall the bill pass?" Roll call resulted as follows: 54 SENATE JOURNAL January 30, 2019]

SENATE JOURNAL H 35 and H 36 were filed for second reading. January 29, 2019 OF THE The LOCAL GOVERNMENT AND TAXATION IDAHO LEGISLATURE Committee reports out H 14, H 15, H 16, and H 17 with the recommendation that they do pass. FIRST REGULAR SESSION RICE, Chairman SIXTY-FIFTH LEGISLATURE H 14, H 15, H 16, and H 17 were filed for second reading. January 30, 2019 The STATE AFFAIRS Committee reports out HCR 2 with TWENTY-FOURTH LEGISLATIVE DAY the recommendation that it do pass. WEDNESDAY, JANUARY 30, 2019 LODGE, Chairman HCR 2 was referred to the Tenth Order of Business, Motions Senate Chamber and Resolutions, and ordered held at the Secretary's desk for one President McGeachin called the Senate to order at 11 a.m. legislative day. Roll call showed all members present except Senator Thayn, January 30, 2019 absent and excused. The STATE AFFAIRS Committee reports it has had under Prayer was offered by Chaplain Montie Ralstin. consideration the Gubernatorial appointment listed below and the Committee recommends that said appointment be confirmed by The Pledge of Allegiance was led by Olivia Love, Page. the Senate: The Senate advanced to the Third Order of Business. General Michael J. Garshak as the Adjutant General of the Reading and Correction of the Journal Idaho Military Division, term to continue at the pleasure of the Governor. The JUDICIARY AND RULES Committee reports that the Senate Journal of the proceedings of January 29, 2019, was read LODGE, Chairman and approved as corrected. The Gubernatorial appointment was referred to the Tenth LAKEY, 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. On request by Senator Winder, granted by unanimous consent, the Senate advanced to the Ninth Order of Business. On request by Senator Winder, granted by unanimous consent, the Senate advanced to the Sixth Order of Business. Messages from the House Reports of Standing Committees January 29, 2019 Senator Thayn was recorded present at this order of business. Dear Madam President: January 30, 2019 I transmit herewith H 3, H 34, and H 25, which have passed the House. The JUDICIARY AND RULES Committee reports that S 1031, S 1032, S 1033, and S 1034 have been correctly printed. MAULIN, Chief Clerk LAKEY, Chairman H 3, H 34, and H 25 were filed for first reading. S 1031 and S 1032 were referred to the Finance Committee. The Senate advanced to the Tenth Order of Business. S 1033 and S 1034 were referred to the Health and Welfare Motions and Resolutions Committee. The President announced that the Resources and January 29, 2019 Environment Committee report relative to the Gubernatorial The JUDICIARY AND RULES Committee reports that appointment of Dale Van Stone was before the Senate for final S 1002 has been correctly enrolled. consideration, the question being, "Shall the report be adopted?" LAKEY, Chairman On motion by Senator Stennett, seconded by President Pro Tempore Hill, the Gubernatorial appointment of The President signed Enrolled S 1002 and ordered it Dale Van Stone as a member of the Idaho Water Resource Board transmitted to the House for the signature of the Speaker. was confirmed by voice vote. January 29, 2019 The President declared the report adopted and directed the The FINANCE Committee reports out H 35 and H 36 with Secretary of the Senate to prepare a letter of the Gubernatorial the recommendation that they do pass. appointment confirmation for her signature, attested to by the Secretary, to be transmitted to the Governor informing him of BAIR, Chairman the action of the Senate. [January 30, 2019 SENATE JOURNAL 55

The President announced that the Resources and Introduction, First Reading, and Reference of Bills, Environment Committee report relative to the Gubernatorial House Petitions, Resolutions, and Memorials appointment of Jeffery Raybould was before the Senate for final consideration, the question being, "Shall the report be adopted?" S 1035 BY COMMERCE AND HUMAN RESOURCES On motion by Senator Bair, seconded by Senator Nelson, the COMMITTEE Gubernatorial appointment of Jeffery Raybould as a member of AN ACT the Idaho Water Resource Board was confirmed by voice vote. RELATING TO ELECTRICAL CONTRACTORS AND The President declared the report adopted and directed the JOURNEYMEN; AMENDING SECTION 54-1019, Secretary of the Senate to prepare a letter of the Gubernatorial IDAHO CODE, TO PROVIDE THAT AN INSPECTOR appointment confirmation for her signature, attested to by the MAY BE CERTIFIED BY THE INTERNATIONAL Secretary, to be transmitted to the Governor informing him of ASSOCIATION OF ELECTRICAL INSPECTORS OR THE the action of the Senate. INTERNATIONAL CODE COUNCIL PURSUANT TO CERTAIN REQUIREMENTS; AND DECLARING AN The President announced that the Resources and EMERGENCY. Environment Committee report relative to the Gubernatorial appointment of Jo Ann Cole-Hansen was before the Senate for final consideration, the question being, "Shall the report be S 1036 adopted?" BY COMMERCE AND HUMAN RESOURCES COMMITTEE On motion by Senator Johnson, seconded by AN ACT Senator Stennett, the Gubernatorial appointment of Jo Ann RELATING TO UNDERGROUND FACILITIES DAMAGE Cole-Hansen as a member of the Idaho Water Resource Board PREVENTION; AMENDING SECTION 55-2211, IDAHO was confirmed by voice vote. CODE, TO REVISE PROVISIONS REGARDING VIOLATIONS, TO AUTHORIZE THE BOARD TO AFFIRM, The President declared the report adopted and directed the REJECT, DECREASE, OR INCREASE TRAINING OR Secretary of the Senate to prepare a letter of the Gubernatorial PENALTIES IMPOSED, AND TO PROVIDE THAT THE appointment confirmation for her signature, attested to by the ADMINISTRATOR MAY IMPOSE CERTAIN PENALTIES. Secretary, to be transmitted to the Governor informing him of the action of the Senate. The President announced that the Resources and S 1037 Environment Committee report relative to the Gubernatorial BY COMMERCE AND HUMAN RESOURCES appointment of Lane Clezie was before the Senate for final COMMITTEE consideration, the question being, "Shall the report be adopted?" AN ACT RELATING TO ENGINEERS AND SURVEYORS; On motion by Senator Heider, seconded by Senator Nye, the AMENDING SECTION 54-1230, IDAHO CODE, TO Gubernatorial appointment of Lane Clezie as a member of the CLARIFY THAT PRIVATE LAND SURVEYORS MAY Idaho Fish and Game Commission was confirmed by voice vote. ACCESS PRIVATE LANDS AND TO MAKE TECHNICAL CORRECTIONS. The President declared the report adopted and directed the Secretary of the Senate to prepare a letter of the Gubernatorial appointment confirmation for her signature, attested to by the S 1038 Secretary, to be transmitted to the Governor informing him of BY COMMERCE AND HUMAN RESOURCES the action of the Senate. COMMITTEE AN ACT The President announced that the Resources and RELATING TO THE EMPLOYMENT OF FIREFIGHTERS; Environment Committee report relative to the Gubernatorial AMENDING SECTION 44-1806, IDAHO CODE, TO REVISE re-appointment of Peter Van Der Meulen was before the Senate PROVISIONS REGARDING FACT-FINDER SELECTION; for final consideration, the question being, "Shall the report be AND AMENDING SECTION 44-1807, IDAHO CODE, TO adopted?" PROVIDE FOR THE COMPLETION OF THE FACT-FINDING On motion by Senator Stennett, seconded by Senator Winder, PROCESS. the Gubernatorial re-appointment of Peter Van Der Meulen as a member of the Idaho Water Resource Board was confirmed by voice vote. S 1039 BY RESOURCES AND ENVIRONMENT 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 THE IDAHO WOLF DEPREDATION re-appointment confirmation for her signature, attested to by the CONTROL BOARD; REPEALING SECTION 22-5307, IDAHO Secretary, to be transmitted to the Governor informing him of the CODE, RELATING TO A SUNSET DATE; AMENDING action of the Senate. SECTION 25-131, IDAHO CODE, TO REMOVE A DATE RANGE REGARDING CERTAIN ASSESSMENTS; On request by Senator Winder, granted by unanimous AMENDING SECTION 25-1145, IDAHO CODE, TO consent, the committee report of the Gubernatorial appointment REMOVE A DATE RANGE REGARDING CERTAIN confirmation of Tim Murphy retained its place on the calendar ASSESSMENTS; AND AMENDING SECTION 36-125, for Thursday, January 31, 2019. IDAHO CODE, TO REMOVE A DATE RANGE REGARDING The Senate advanced to the Eleventh Order of Business. 56 SENATE JOURNAL January 30, 2019]

THE FISH AND GAME COMMISSION'S COMPLIANCE A GOVERNING BODY TO ISSUE MUNICIPAL LICENSES; WITH SPECIFIED PROVISIONS. AMENDING CHAPTER 9, TITLE 23, IDAHO CODE, BY THE ADDITION OF A NEW SECTION 23-907, IDAHO CODE, S 1040 TO PROVIDE FOR THE FORM OF BALLOT; AMENDING BY STATE AFFAIRS COMMITTEE CHAPTER 9, TITLE 23, IDAHO CODE, BY THE ADDITION AN ACT OF A NEW SECTION 23-908, IDAHO CODE, TO PROVIDE RELATING TO ALCOHOL; AMENDING SECTION 23-217, FOR THE EFFECT OF AN ELECTION AND TO PROVIDE IDAHO CODE, TO REVISE TERMINOLOGY AND THAT CERTAIN SALES SHALL NOT BE AFFECTED; TO REVISE A PROVISION REGARDING A CERTAIN AMENDING CHAPTER 9, TITLE 23, IDAHO CODE, BY DISCOUNT; AMENDING SECTION 23-603, IDAHO THE ADDITION OF A NEW SECTION 23-909, IDAHO CODE, TO REVISE PROVISIONS REGARDING CERTAIN CODE, TO PROVIDE FOR SUBSEQUENT ELECTIONS; ADMINISTRATIVE ACTIONS UPON CONVICTION REPEALING SECTIONS 23-910, 23-911, 23-912, 23-913, FOR DISPENSING ALCOHOL TO PERSONS UNDER 23-914, 23-915, 23-916, 23-917, 23-918, 23-919, 23-920 AND TWENTY-ONE YEARS OF AGE AND TO DEFINE A 23-921, IDAHO CODE, RELATING TO RETAIL SALE TERM; AMENDING SECTION 23-604, IDAHO CODE, OF LIQUOR BY THE DRINK; AMENDING CHAPTER TO PROHIBIT CERTAIN CONDUCT REGARDING 9, TITLE 23, IDAHO CODE, BY THE ADDITION OF A PERSONS UNDER TWENTY-ONE YEARS OF AGE, TO NEW SECTION 23-910, IDAHO CODE, TO PROVIDE PROVIDE EXCEPTIONS AND TO DEFINE A TERM; FOR APPLICATIONS FOR MUNICIPAL LICENSES; AMENDING CHAPTER 6, TITLE 23, IDAHO CODE, BY AMENDING CHAPTER 9, TITLE 23, IDAHO CODE, BY THE THE ADDITION OF A NEW SECTION 23-604B, IDAHO ADDITION OF A NEW SECTION 23-911, IDAHO CODE, TO CODE, TO PROVIDE EXCEPTIONS FROM RESTRICTION PROVIDE FOR THE INVESTIGATION OF APPLICATIONS, ON ENTERING OR REMAINING IN CERTAIN PLACES TO PROVIDE THAT FALSE STATEMENTS SHALL AND TO DEFINE A TERM; AMENDING SECTION CONSTITUTE A FELONY AND TO PROVIDE A PENALTY; 23-605, IDAHO CODE, TO PROVIDE THAT DISPENSING AMENDING CHAPTER 9, TITLE 23, IDAHO CODE, BY ALCOHOL TO AN OBVIOUSLY INTOXICATED PERSON THE ADDITION OF A NEW SECTION 23-912, IDAHO SHALL BE A MISDEMEANOR, TO PROVIDE PENALTIES, CODE, TO PROVIDE FOR RULES AND REGULATIONS, TO PROVIDE FOR DEPOSIT OF FINES, TO PROVIDE TO PROVIDE FOR ADDITIONAL AUTHORITY AND FOR NOTIFICATION, TO PROVIDE FOR CERTAIN DUTIES OF THE DIRECTOR, TO PROVIDE FOR THE ADMINISTRATIVE ACTION AND TO DEFINE A TERM; POWERS OF LICENSING AUTHORITIES OF COUNTIES AMENDING SECTION 23-615, IDAHO CODE, TO AND CITIES AND TO PROVIDE THAT LICENSEES REMOVE A PROVISION REGARDING INTOXICATION; SHALL ADVISE THEMSELVES OF THE RULES AND AMENDING CHAPTER 6, TITLE 23, IDAHO CODE, BY REGULATIONS; AMENDING CHAPTER 9, TITLE 23, THE ADDITION OF A NEW SECTION 23-617, IDAHO IDAHO CODE, BY THE ADDITION OF A NEW SECTION CODE, TO PROVIDE ADMINISTRATIVE PENALTIES 23-913, IDAHO CODE, TO PROVIDE FOR LICENSE FEES; FOR SPECIFIED VIOLATIONS, TO PROVIDE FOR AMENDING CHAPTER 9, TITLE 23, IDAHO CODE, BY THE THE PAYMENT AND DISTRIBUTION OF FINES AND ADDITION OF A NEW SECTION 23-915, IDAHO CODE, TO TO DEFINE A TERM; AMENDING SECTION 23-901, PROHIBIT THE ISSUANCE OR TRANSFER OF CERTAIN IDAHO CODE, TO AUTHORIZE THE BOARDS OF LICENSES TO SPECIFIED PERSONS AND TO PROVIDE COUNTY COMMISSIONERS AND CITY COUNCILS FOR THE REVOCATION OF CERTAIN LICENSES; TO GRANT LICENSES FOR LIQUOR BY THE DRINK AMENDING CHAPTER 9, TITLE 23, IDAHO CODE, BY THE TO CERTAIN QUALIFIED PERSONS IN ACCORDANCE ADDITION OF A NEW SECTION 23-916, IDAHO CODE, WITH CERTAIN LAWS, RULES AND ORDINANCES, TO TO PROVIDE LOCATION AND DISTANCE PROVISIONS PROVIDE CORRECT TERMINOLOGY AND TO MAKE REGARDING THE LOCATION OF PREMISES BEING TECHNICAL CORRECTIONS; AMENDING SECTION ISSUED OR TRANSFERRED A LICENSE AND TO PROVIDE 23-902, IDAHO CODE, TO REVISE DEFINITIONS AND EXCEPTIONS; AMENDING CHAPTER 9, TITLE 23, IDAHO TO DEFINE TERMS; REPEALING SECTIONS 23-903, CODE, BY THE ADDITION OF A NEW SECTION 23-917, 23-903a, 23-903b, 23-904, 23-905, 23-906, 23-907 AND IDAHO CODE, TO PROHIBIT SPECIFIED PERSONS AND 23-908, IDAHO CODE, RELATING TO RETAIL SALE ENTITIES FROM PROVIDING EQUIPMENT, FIXTURES OF LIQUOR BY THE DRINK; AMENDING CHAPTER 9, OR OTHERWISE FURNISHING FINANCIAL AID TO ONE TITLE 23, IDAHO CODE, BY THE ADDITION OF A NEW ENGAGED IN THE SALE OF LIQUOR AND TO PROHIBIT SECTION 23-903, IDAHO CODE, TO PROVIDE CERTAIN LICENSEES FROM RECEIVING SUCH EQUIPMENT, RESTRICTIONS REGARDING ALCOHOLIC BEVERAGES; FIXTURES OR FINANCIAL AID; AMENDING CHAPTER 9, AMENDING CHAPTER 9, TITLE 23, IDAHO CODE, BY THE TITLE 23, IDAHO CODE, BY THE ADDITION OF A NEW ADDITION OF A NEW SECTION 23-904, IDAHO CODE, SECTION 23-918, IDAHO CODE, TO PROVIDE CERTAIN TO PROVIDE GRANDFATHER RIGHTS AND TO PROVIDE RESTRICTIONS FOR PERSONS INTERESTED IN THE THAT CERTAIN LICENSES ARE TRANSFERABLE PREMISES, TO PROVIDE AN EXCEPTION, TO PROVIDE AND CERTAIN LICENSES ARE NOT TRANSFERABLE; FOR THE APPLICABILITY OF RULES, REGULATIONS AMENDING CHAPTER 9, TITLE 23, IDAHO CODE, BY AND LAW, TO PROVIDE THAT CERTAIN PERSONS SHALL THE ADDITION OF A NEW SECTION 23-905, IDAHO NOT BE DISQUALIFIED FROM HOLDING CERTAIN CODE, TO AUTHORIZE COUNTIES AND CITIES TO LICENSES AND TO CLARIFY THAT LICENSES FOR ISSUE CERTAIN MUNICIPAL LICENSES; AMENDING THE RETAIL SALE OF LIQUOR BY THE DRINK MUST CHAPTER 9, TITLE 23, IDAHO CODE, BY THE ADDITION BE OBTAINED THROUGH NORMAL LAWFUL MEANS; OF A NEW SECTION 23-906, IDAHO CODE, TO PROVIDE AMENDING CHAPTER 9, TITLE 23, IDAHO CODE, BY CONDITIONS UNDER WHICH MUNICIPAL LICENSES THE ADDITION OF A NEW SECTION 23-919, IDAHO MAY NOT BE ISSUED AND TO PROVIDE A PROCEDURE CODE, TO PROVIDE FOR THE FORM AND DISPLAY FOR A REFERENDUM REGARDING THE AUTHORITY OF OF MUNICIPAL LICENSES, TO PROHIBIT CERTAIN [January 30, 2019 SENATE JOURNAL 57

TRANSFERS, TO PROVIDE THAT MUNICIPAL AND STATE FOR CITIES AND COUNTIES UPON THE FILING OF LIQUOR LICENSES ARE SEPARATE AND DISTINCT, AN APPLICATION FOR AN ALCOHOL BEVERAGE TO RESTRICT THE EXERCISE OF PRIVILEGES UNDER CATERING PERMIT, TO PROVIDE FOR APPROVAL OR A LICENSE TO THE NAMED LICENSEE, TO PROVIDE DISAPPROVAL, TO PROVIDE THAT COPIES SHALL BE FOR EXPIRATION AND RENEWAL, TO PROVIDE FOR SENT OR RETAINED BY SPECIFIED PERSONS AND TRANSFERS OF STATE LIQUOR LICENSES, TO PROVIDE TO PROVIDE THAT CERTAIN DOCUMENTS SHALL FOR FEES AND TO PROVIDE EXCEPTIONS; AMENDING CONSTITUTE PERMITS; REPEALING SECTIONS 23-930, CHAPTER 9, TITLE 23, IDAHO CODE, BY THE ADDITION 23-931, 23-932, 23-933, 23-933A, 23-933B, 23-934, 23-934A, OF A NEW SECTION 23-920, IDAHO CODE, TO PROVIDE 23-934B, 23-934C, 23-935, 23-936, 23-937, 23-938, 23-939, RESTRICTIONS ON THE TRANSFER OF STATE LIQUOR 23-941, 23-942, 23-943, 23-943A, 23-944, 23-945, 23-946, LICENSES AND TO PROVIDE THAT CERTAIN LICENSES 23-947, 23-948, 23-949, 23-950, 23-951, 23-952, 23-953, 23-954, SHALL BE SUBJECT TO LEVY AND DISTRAINT; 23-955, 23-956 AND 23-957, IDAHO CODE, RELATING AMENDING CHAPTER 9, TITLE 23, IDAHO CODE, BY TO THE RETAIL SALE OF LIQUOR BY THE DRINK; THE ADDITION OF A NEW SECTION 23-921, IDAHO AMENDING CHAPTER 9, TITLE 23, IDAHO CODE, BY CODE, TO PROVIDE FOR SUSPENSION, REVOCATION THE ADDITION OF A NEW SECTION 23-930, IDAHO AND REFUSAL TO RENEW LICENSES, TO PROVIDE CODE, TO PROVIDE FOR THE APPLICABILITY OF FOR PETITIONS REQUESTING MONETARY PAYMENT IN CERTAIN REGULATORY AND PENALTY PROVISIONS; LIEU OF SUSPENSION, TO PROVIDE FOR GUIDELINES AMENDING CHAPTER 9, TITLE 23, IDAHO CODE, BY THE AND RULES REGARDING PERIODS OF SUSPENSION ADDITION OF A NEW SECTION 23-931, IDAHO CODE, AND MONETARY PAYMENTS IN LIEU OF SUSPENSION, TO PROVIDE FOR THE DESTRUCTION OF STAMPS, TO PROVIDE FOR ADDITIONAL SUSPENSIONS AND TO TO PROVIDE SANITARY REQUIREMENTS AND TO PROVIDE FOR THE RENEWAL OF CERTAIN LICENSES; PROVIDE THAT A VIOLATION SHALL CONSTITUTE AMENDING CHAPTER 9, TITLE 23, IDAHO CODE, BY A MISDEMEANOR; AMENDING CHAPTER 9, TITLE THE ADDITION OF A NEW SECTION 23-921A, IDAHO 23, IDAHO CODE, BY THE ADDITION OF A NEW CODE, TO PROVIDE FOR LICENSE SUSPENSION OR SECTION 23-932, IDAHO CODE, TO PROHIBIT THE REVOCATION UPON CONVICTION FOR VIOLATION OF SALE OF LIQUOR ON CERTAIN DAYS AND AT CERTAIN OBSCENITY LAWS; AMENDING CHAPTER 9, TITLE 23, TIMES, TO PROVIDE EXCEPTIONS, TO PROVIDE IDAHO CODE, BY THE ADDITION OF A NEW SECTION FOR THE CONSUMPTION OF LIQUOR ALREADY 23-922, IDAHO CODE, TO PROVIDE THAT THE SALE SERVED, TO PROVIDE THAT SPECIFIED CONDUCT OF LIQUOR WITHOUT A LICENSE IS A FELONY AND REGARDING ALCOHOLIC BEVERAGE CONSUMPTION TO PROVIDE A PENALTY; AMENDING CHAPTER 9, SHALL CONSTITUTE A MISDEMEANOR, TO PROVIDE TITLE 23, IDAHO CODE, BY THE ADDITION OF A NEW FOR DUTIES REGARDING LOCKING UNSEALED SECTION 23-923, IDAHO CODE, TO PROVIDE THAT CONTAINERS OF LIQUOR AND TO PROVIDE THAT A CERTAIN LIQUOR SOLD BY LICENSEES SHALL BE VIOLATION SHALL CONSTITUTE A MISDEMEANOR; PURCHASED FROM THE STATE LIQUOR DIVISION, AMENDING CHAPTER 9, TITLE 23, IDAHO CODE, BY THE TO PROVIDE FOR SALES BY THE STATE LIQUOR ADDITION OF A NEW SECTION 23-933, IDAHO CODE, DIVISION TO LICENSEES AND TO DEFINE A TERM; TO PROVIDE FOR THE DUTY OF PUBLIC OFFICERS; AMENDING CHAPTER 9, TITLE 23, IDAHO CODE, BY THE REPEALING SECTIONS 23-1020 AND 23-1022, IDAHO ADDITION OF A NEW SECTION 23-924, IDAHO CODE, CODE, RELATING TO PROVISIONS GOVERNING THE TO PROVIDE FOR THE EXAMINATION OF PREMISES BY SALE OF BEER; AMENDING TITLE 23, IDAHO CODE, CERTAIN PERSONS; AMENDING CHAPTER 9, TITLE 23, BY THE ADDITION OF A NEW CHAPTER 12, TITLE 23, IDAHO CODE, BY THE ADDITION OF A NEW SECTION IDAHO CODE, TO PROVIDE FOR CLERK AND SERVER 23-925, IDAHO CODE, TO PROVIDE THAT LICENSEES TRAINING, TO DEFINE TERMS, TO PROVIDE FOR HAVING ILLEGAL LIQUOR ON PREMISES SHALL BE APPROVED TRAINING, TO PROVIDE FOR MANDATORY GUILTY OF A FELONY, TO PROVIDE PENALTIES, TO TRAINING FOR ON-PREMISES SALES, TO PROVIDE PROVIDE FOR LICENSE REVOCATION, TO PROVIDE FOR VOLUNTARY TRAINING FOR OFF-PREMISES FOR A DETERMINATION OF THE AMOUNT OF LIQUOR SALES AND TO PROVIDE FOR ENFORCEMENT; TO BE SOLD TO LICENSEES, TO PROVIDE FOR THE AMENDING CHAPTER 13, TITLE 23, IDAHO CODE, BY SEIZURE OF ILLEGAL LIQUOR AND TO PROVIDE AN THE ADDITION OF A NEW SECTION 23-1304A, IDAHO EXCEPTION; REPEALING SECTIONS 23-926, 23-927 AND CODE, TO PROVIDE FOR CERTIFICATION OF CERTAIN 23-928, IDAHO CODE, RELATING TO RETAIL SALE RESOLUTIONS AND ELECTIONS AND TO CLARIFY OF LIQUOR BY THE DRINK; AMENDING CHAPTER 9, EFFECTIVENESS OF CERTAIN RESOLUTIONS AND TITLE 23, IDAHO CODE, BY THE ADDITION OF A NEW ELECTION RESULTS; AMENDING SECTION 23-1331, SECTION 23-926, IDAHO CODE, TO PROVIDE FOR THE IDAHO CODE, TO PROVIDE FOR GUIDELINES AND POSTING OF AGE RESTRICTION SIGNS; AMENDING RULES REGARDING PERIODS OF SUSPENSION AND CHAPTER 9, TITLE 23, IDAHO CODE, BY THE ADDITION MONETARY PAYMENT IN LIEU OF SUSPENSION; OF A NEW SECTION 23-927, IDAHO CODE, TO PROHIBIT REPEALING SECTION 23-1335, IDAHO CODE, RELATING DISPENSING LIQUOR OFF PREMISES, TO PROVIDE TO PROVISIONS GOVERNING THE COUNTY OPTION EXCEPTIONS, TO PROHIBIT GAMING ON PREMISES AND KITCHEN AND TABLE WINE ACT; AMENDING SECTION TO PROVIDE AN EXCEPTION; AMENDING CHAPTER 18-7803, IDAHO CODE, TO REMOVE AND TO REVISE 9, TITLE 23, IDAHO CODE, BY THE ADDITION OF A CODE REFERENCES; AMENDING SECTIONS 23-1312, NEW SECTION 23-928, IDAHO CODE, TO PROVIDE 23-1406, AND 39-5502, IDAHO CODE, TO PROVIDE FOR ALCOHOL BEVERAGE CATERING PERMITS AND CORRECT CODE REFERENCES; AMENDING SECTION APPLICATIONS; AMENDING CHAPTER 9, TITLE 23, 49-307, IDAHO CODE, TO PROVIDE A CORRECT CODE IDAHO CODE, BY THE ADDITION OF A NEW SECTION REFERENCE AND TO MAKE TECHNICAL CORRECTIONS; 23-929, IDAHO CODE, TO PROVIDE A PROCEDURE AMENDING SECTION 67-7446, IDAHO CODE, TO 58 SENATE JOURNAL January 30, 2019]

PROVIDE A CORRECT CODE REFERENCE; AMENDING SECTION 18-1502, IDAHO CODE, TO REMOVE A CODE REFERENCE; AMENDING SECTION 23-604A, IDAHO CODE, TO REMOVE CODE REFERENCES; AMENDING SECTION 31-3201, IDAHO CODE, TO REMOVE A CODE REFERENCE; AMENDING SECTION 31-3201A, IDAHO CODE, TO REMOVE A CODE REFERENCE; AMENDING SECTION 31-3201H, IDAHO CODE, TO REMOVE A CODE REFERENCE; AMENDING SECTION 31-3204, IDAHO CODE, TO REMOVE A CODE REFERENCE; AMENDING SECTION 32-1410, IDAHO CODE, TO REMOVE A CODE REFERENCE; AMENDING SECTION 72-1025, IDAHO CODE, TO REMOVE A CODE REFERENCE; AMENDING SECTION 72-1105, IDAHO CODE, TO REMOVE A CODE REFERENCE; PROVIDING SEVERABILITY; AND PROVIDING AN EFFECTIVE DATE. S 1035, S 1036, S 1037, S 1038, S 1039, and S 1040 were introduced, read the first time at length, and referred to the Judiciary and Rules Committee for printing. H 3, by Health and Welfare Committee, was introduced, read the first time at length, and referred to the Commerce and Human Resources Committee. H 34, by Judiciary, Rules and Administration Committee, was introduced, read the first time at length, and referred to the Judiciary and Rules Committee. H 25, by Local Government Committee, was introduced, read the first time at length, and referred to the Local Government and Taxation Committee. 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 Stennett, by voice vote, the Senate adjourned at 11:38 a.m. until the hour of 11 a.m., Thursday, January 31, 2019. JANICE MCGEACHIN, President Attest: JENNIFER NOVAK, Secretary [January 31, 2019 SENATE JOURNAL 59

SENATE JOURNAL January 30, 2019 OF THE The RESOURCES AND ENVIRONMENT Committee reports out H 1 with the recommendation that it do pass. IDAHO LEGISLATURE HEIDER, Chairman FIRST REGULAR SESSION H 1 was filed for second reading. SIXTY-FIFTH LEGISLATURE January 30, 2019 The JUDICIARY AND RULES Committee reports out S 1019, S 1021, S 1022, and S 1023 with the recommendation that they do pass. TWENTY-FIFTH LEGISLATIVE DAY THURSDAY, JANUARY 31, 2019 LAKEY, Chairman S 1019, S 1021, S 1022, and S 1023 were filed for second Senate Chamber reading. President McGeachin called the Senate to order at 11 a.m. January 30, 2019 Roll call showed all members present except Senator The JUDICIARY AND RULES Committee reports out Buckner-Webb, absent and formally excused by the Chair. S 1018 with the recommendation that it be referred to the Fourteenth Order of Business for amendment. Prayer was offered by Chaplain Montie Ralstin. LAKEY, Chairman The Pledge of Allegiance was led by Joseph Price, Page. There being no objection, S 1018 was referred to the The Senate advanced to the Third Order of Business. Fourteenth Order of Business, General Calendar. January 30, 2019 Reading and Correction of the Journal The JUDICIARY AND RULES Committee reports that the The LOCAL GOVERNMENT AND TAXATION Senate Journal of the proceedings of January 30, 2019, was read Committee reports it has had under consideration the and approved as corrected. Gubernatorial appointment listed below and the Committee recommends that said appointment be confirmed by the Senate: LAKEY, Chairman Leland Heinrich to the Board of Tax Appeals, term to expire There being no objection, the report was adopted and ordered June 30, 2021. filed in the office of the Secretary of the Senate. RICE, Chairman On request by Senator Winder, granted by unanimous consent, 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 at the Secretary's desk for one legislative day. Reports of Standing Committees January 31, 2019 January 31, 2019 The AGRICULTURAL AFFAIRS Committee reports out The JUDICIARY AND RULES Committee reports that S 1024 with the recommendation that it do pass. S 1035, S 1036, S 1037, S 1038, S 1039, and S 1040 have been correctly printed. GUTHRIE, Chairman LAKEY, Chairman S 1024 was filed for second reading. S 1035, S 1036, S 1037, and S 1038 were referred to the On request by Senator Winder, granted by unanimous Commerce and Human Resources Committee. consent, the Senate advanced to the Ninth Order of Business. S 1039 was referred to the Resources and Environment Committee. Messages from the House S 1040 was referred to the State Affairs Committee. January 30, 2019

January 30, 2019 Dear Madam President: The FINANCE Committee reports out S 1031 and I transmit herewith H 9, H 10, H 11, H 12, and H 42, which S 1032 with the recommendation that they do pass. have passed the House. BAIR, Chairman MAULIN, Chief Clerk S 1031 and S 1032 were filed for second reading. H 9, H 10, H 11, H 12, and H 42 were filed for first reading. 60 SENATE JOURNAL January 31, 2019]

January 30, 2019 S 1042 BY JUDICIARY AND RULES COMMITTEE Dear Madam President: AN ACT I transmit herewith Enrolled H 13 and H 20 for the signature RELATING TO MAGISTRATES; AMENDING SECTION of the President. 1-2206, IDAHO CODE, TO REVISE A PROVISION REGARDING A CERTAIN REQUIREMENT FOR MAULIN, Chief Clerk A MAGISTRATE AND TO MAKE A TECHNICAL CORRECTION. The President signed Enrolled H 13 and H 20 and ordered them returned to the House. S 1043 The Senate advanced to the Tenth Order of Business. BY JUDICIARY AND RULES COMMITTEE AN ACT Motions and Resolutions RELATING TO JUDGES; AMENDING SECTION 1-805, The President announced that the Resources and IDAHO CODE, TO REVISE PROVISIONS REGARDING Environment Committee report relative to the Gubernatorial THE NUMBER OF DISTRICT JUDGES OF THE FOURTH appointment of Tim Murphy was before the Senate for final JUDICIAL DISTRICT. consideration, the question being, "Shall the report be adopted?" S 1044 On motion by Senator Brackett, seconded by BY JUDICIARY AND RULES COMMITTEE Senator Johnson, the Gubernatorial appointment of Tim Murphy AN ACT as a member of the Idaho Fish and Game Commission was RELATING TO SPECIAL PROCEEDINGS; AMENDING confirmed by voice vote. SECTION 7-1509, IDAHO CODE, TO REVISE PROVISIONS REGARDING AN AMOUNT IN DAMAGES. The President declared the report adopted and directed the Secretary of the Senate to prepare a letter of the Gubernatorial S 1045 appointment confirmation for her signature, attested to by the BY JUDICIARY AND RULES COMMITTEE Secretary, to be transmitted to the Governor informing him of AN ACT the action of the Senate. RELATING TO CORRECTIONAL INDUSTRIES; The President announced that the State Affairs Committee AMENDING SECTION 20-412, IDAHO CODE, TO report relative to the Gubernatorial appointment of General PROVIDE FOR INMATE TRAINEE PARTICIPATION Michael J. Garshak was before the Senate for final consideration, IN IDAHO CORRECTIONAL INDUSTRIES TRAINING the question being, "Shall the report be adopted?" PROGRAMS, TO PROVIDE FOR TRAINING STIPENDS, AND TO PROVIDE THAT INMATE TRAINEES ARE On motion by Senator Winder, seconded by Senator Stennett, NOT EMPLOYEES AND ARE NOT ENTITLED TO the Gubernatorial appointment of General Michael J. Garshak WORKER'S COMPENSATION OR UNEMPLOYMENT as the Adjutant General of the Idaho Military Division was COMPENSATION; AND AMENDING SECTION 20-413A, confirmed by voice vote. IDAHO CODE, TO PROVIDE FOR CONTRACTS FOR AGRICULTURAL TRAINING PROGRAMS FOR INMATE The President declared the report adopted and directed the TRAINEES, TO PROVIDE CONDITIONS, TO PROVIDE Secretary of the Senate to prepare a letter of the Gubernatorial FOR RULES REGARDING INMATE TRAINEE SAFETY, appointment confirmation for her signature, attested to by the TO PROVIDE FOR TRAINING STIPENDS, AND TO MAKE Secretary, to be transmitted to the Governor informing him of TECHNICAL CORRECTIONS. the action of the Senate. On request by Senator Winder, granted by unanimous S 1041, S 1042, S 1043, S 1044, and S 1045 were introduced, consent, HCR 2 retained its place on the calendar for Friday, read the first time at length, and referred to the Judiciary and February 1, 2019. Rules Committee for printing. The Senate advanced to the Eleventh Order of Business. H 9, H 10, H 11, and H 12, by Health and Welfare Committee, were introduced, read the first time at length, and Introduction, First Reading, and Reference of Bills, referred to the Health and Welfare Committee. House Petitions, Resolutions, and Memorials H 42, by State Affairs Committee, was introduced, read the S 1041 first time at length, and referred to the State Affairs Committee. BY RESOURCES AND ENVIRONMENT COMMITTEE AN ACT The Senate advanced to the Twelfth Order of Business. RELATING TO GROUND WATER DISTRICTS; AMENDING SECTION 42-5232, IDAHO CODE, TO PROVIDE FOR EMERGENCY ASSESSMENTS, TO PROVIDE FOR Second Reading of Bills MITIGATION BY A DISTRICT DUE TO NONCOMPLIANCE H 35 and H 36, by Appropriations Committee, were read the OF A MEMBER AND FOR THE LEVY OF SPECIAL second time at length and filed for third reading. ASSESSMENTS, AND TO REVISE PROVISIONS REGARDING THE APPORTIONMENT OF AMOUNTS H 14, H 15, H 16, and H 17, by Revenue and Taxation TO BE ASSESSED; AND AMENDING SECTION 42-5241, Committee, were read the second time at length and filed for IDAHO CODE, TO PROVIDE CODE REFERENCES, TO third reading. PROVIDE A PROCEDURE ASSOCIATED WITH CERTAIN DISTRICT ASSESSMENTS, AND TO MAKE TECHNICAL On request by Senator Winder, granted by unanimous CORRECTIONS. consent, the Senate advanced to the Fifteenth Order of Business. [January 31, 2019 SENATE JOURNAL 61

Miscellaneous Business On motion by Senator Winder, seconded by Senator Stennett, by voice vote, the Senate adjourned at 11:38 a.m. until the hour of 11 a.m., Friday, February 1, 2019. JANICE MCGEACHIN, President Attest: JENNIFER NOVAK, Secretary 62 SENATE JOURNAL February 1, 2019]

SENATE JOURNAL Reports of Standing Committees OF THE February 1, 2019 The JUDICIARY AND RULES Committee reports that IDAHO LEGISLATURE S 1041, S 1042, S 1043, S 1044, and S 1045 have been correctly printed. FIRST REGULAR SESSION SIXTY-FIFTH LEGISLATURE LAKEY, Chairman S 1041 was referred to the Resources and Environment Committee. S 1042, S 1043, S 1044, and S 1045 were referred to the TWENTY-SIXTH LEGISLATIVE DAY Judiciary and Rules Committee. FRIDAY, FEBRUARY 1, 2019 January 31, 2019

Senate Chamber The TRANSPORTATION Committee reports out H 2 with the recommendation that it be referred to the Fourteenth Order of Business for amendment. President McGeachin called the Senate to order at 11 a.m. BRACKETT, Chairman Roll call showed all members present except Senators Grow, Lent, and Nelson, absent and formally excused by the Chair; and There being no objection, H 2 was referred to the Fourteenth Senators Lodge and Thayn, absent and excused. Order of Business, General Calendar. Prayer was offered by Chaplain Montie Ralstin. January 31, 2019 The Pledge of Allegiance was led by Landen Richardson, The LOCAL GOVERNMENT AND TAXATION Page. Committee reports out H 19 with the recommendation that it do pass. The Senate advanced to the Third Order of Business. RICE, Chairman Reading and Correction of the Journal H 19 was filed for second reading. The JUDICIARY AND RULES Committee reports that the February 1, 2019 Senate Journal of the proceedings of January 31, 2019, was read and approved as corrected. The EDUCATION Committee reports out S 1029 and S 1030 with the recommendation that they do pass. LAKEY, Chairman MORTIMER, Chairman There being no objection, the report was adopted and ordered S 1029 and S 1030 were filed for second reading. filed in the office of the Secretary of the Senate. February 1, 2019 On request by Senator Winder, granted by unanimous consent, the Senate advanced to the Fifth Order of Business. The STATE AFFAIRS Committee reports out S 1020 with the recommendation that it do pass. Petitions, Resolutions, and Memorials LODGE, Chairman SJR 101 S 1020 was filed for second reading. BY STATE AFFAIRS COMMITTEE A JOINT RESOLUTION February 1, 2019 PROPOSING AN AMENDMENT TO SECTION 22, ARTICLE I, OF THE CONSTITUTION OF THE STATE OF The STATE AFFAIRS Committee reports it has had under IDAHO, RELATING TO RIGHTS OF CRIME VICTIMS; consideration the Gubernatorial appointments listed below and STATING THE QUESTION TO BE SUBMITTED TO THE the Committee recommends that said appointments be confirmed ELECTORATE; DIRECTING THE LEGISLATIVE COUNCIL by the Senate: TO PREPARE THE STATEMENTS REQUIRED BY LAW; John Chatburn as the Administrator of the Office of Energy AND DIRECTING THE SECRETARY OF STATE TO and Mineral Resources, term to continue at the pleasure of the PUBLISH THE AMENDMENT AND ARGUMENTS AS Governor. REQUIRED BY LAW. Judy Bicknell Taylor as the Administrator of the Office on Aging, term to continue at the pleasure of the Governor. SJR 101 was introduced, read for the first time at length, and referred to the Judiciary and Rules Committee for printing. LODGE, Chairman The Senate advanced to the Sixth Order of Business. [February 1, 2019 SENATE JOURNAL 63

The Gubernatorial appointments were referred to the Tenth RELATING TO PURCHASING BY POLITICAL Order of Business, Motions and Resolutions, and ordered held at SUBDIVISIONS; REPEALING SECTION 67-2807, the Secretary's desk for one legislative day. IDAHO CODE, RELATING TO JOINT PURCHASING AGREEMENTS; AND AMENDING CHAPTER 28, TITLE 67, Senator Thayn was recorded present at this order of business. IDAHO CODE, BY THE ADDITION OF A NEW SECTION On request by Senator Winder, granted by unanimous 67-2807, IDAHO CODE, TO PROVIDE FOR COOPERATIVE consent, the Senate advanced to the Ninth Order of Business. PURCHASING. Messages from the House S 1048 BY COMMERCE AND HUMAN RESOURCES January 31, 2019 COMMITTEE Dear Madam President: AN ACT RELATING TO CREDIT UNIONS; AMENDING SECTION I transmit herewith HJM 3, H 56, H 57, H 38, and H 26, 26-2113A, IDAHO CODE, TO REVISE PROVISIONS which have passed the House. REGARDING ANNUAL MEMBERSHIP MEETINGS; MAULIN, Chief Clerk AMENDING SECTION 26-2114, IDAHO CODE, TO REVISE PROVISIONS REGARDING A CERTAIN HJM 3, H 56, H 57, H 38, and H 26 were filed for first RATING AND TO MAKE TECHNICAL CORRECTIONS; reading. AMENDING SECTION 26-2121A, IDAHO CODE, TO REVISE PROVISIONS REGARDING THE SUPERVISORY January 31, 2019 COMMITTEE OF A CREDIT UNION AND TO MAKE A Dear Madam President: TECHNICAL CORRECTION; AND AMENDING SECTION 26-2156, IDAHO CODE, TO REVISE PROVISIONS I return herewith S 1016, which has passed the House. REGARDING BOND COVERAGE. MAULIN, Chief Clerk S 1049 S 1016 was referred to the Judiciary and Rules Committee BY STATE AFFAIRS COMMITTEE for enrolling. AN ACT RELATING TO ABORTION; AMENDING SECTION 18-613, January 31, 2019 IDAHO CODE, TO REVISE A PROVISION REGARDING Dear Madam President: PROHIBITED ACTS, TO DEFINE A TERM, TO REVISE DEFINITIONS, TO REMOVE A DEFINITION, TO REVISE I transmit herewith Enrolled H 28 for the signature of the PROVISIONS REGARDING CIVIL ACTIONS, AND TO President. REVISE PROVISIONS REGARDING A CERTAIN HEARING. MAULIN, Chief Clerk S 1046, S 1047, S 1048, and S 1049 were introduced, read The President signed Enrolled H 28 and ordered it returned the first time at length, and referred to the Judiciary and Rules to the House. Committee for printing. January 31, 2019 HJM 3, by State Affairs Committee, was introduced, read the first time at length, and referred to the State Affairs Committee. Dear Madam President: H 56 and H 57, by Appropriations Committee, were I return herewith Enrolled S 1002, which has been signed by introduced, read the first time at length, and referred to the the Speaker. Finance Committee. MAULIN, Chief Clerk H 38, by Agricultural Affairs Committee, was introduced, read the first time at length, and referred to the Agricultural Enrolled S 1002 was referred to the Judiciary and Rules Affairs Committee. Committee for transmittal to the Office of the Governor. On request by Senator Winder, granted by unanimous H 26, by Environment, Energy and Technology Committee, consent, the Senate advanced to the Eleventh Order of Business. was introduced, read the first time at length, and referred to the Resources and Environment Committee. Introduction, First Reading, and Reference of Bills, House Petitions, Resolutions, and Memorials The Senate advanced to the Twelfth Order of Business. Second Reading of Bills S 1046 BY TRANSPORTATION COMMITTEE S 1031 and S 1032, by Finance Committee, were read the AN ACT second time at length and filed for third reading. RELATING TO HIGHWAY DISTRICTS; AMENDING SECTION 40-1309, IDAHO CODE, TO REVISE PROVISIONS H 1, by Ways and Means Committee, was read the second REGARDING THE SALE OR DISPOSAL OF PERSONAL time at length and filed for third reading. OR REAL PROPERTY. S 1019, S 1021, S 1022, and S 1023, by Judiciary and Rules Committee, were read the second time at length and filed for third S 1047 reading. BY COMMERCE AND HUMAN RESOURCES COMMITTEE S 1024, by Agricultural Affairs Committee, was read the AN ACT second time at length and filed for third reading. 64 SENATE JOURNAL February 1, 2019]

On request by Senator Winder, granted by unanimous consent, the Senate advanced to the Fifteenth Order of Business. Miscellaneous Business Senator Lodge was recorded present at this order of business. On motion by Senator Winder, seconded by Senator Stennett, by voice vote, the Senate adjourned at 11:22 a.m. until the hour of 11 a.m., Monday, February 4, 2019. JANICE MCGEACHIN, President Attest: JENNIFER NOVAK, Secretary [February 4, 2019 SENATE JOURNAL 65

SENATE JOURNAL February 1, 2019 The JUDICIARY AND RULES Committee reports that OF THE Enrolled S 1002 was delivered to the Office of the Governor at IDAHO LEGISLATURE 1:44 p.m., February 1, 2019. LAKEY, Chairman FIRST REGULAR SESSION The report was ordered filed in the office of the Secretary of SIXTY-FIFTH LEGISLATURE the Senate. February 4, 2019 The FINANCE Committee reports out H 56 and H 57 with TWENTY-NINTH LEGISLATIVE DAY the recommendation that they do pass. MONDAY, FEBRUARY 4, 2019 BAIR, Chairman H 56 and H 57 were filed for second reading. Senate Chamber Senator Lodge was recorded present at this order of business. President McGeachin called the Senate to order at 11 a.m. On request by Senator Winder, granted by unanimous Roll call showed all members present except Senator Lodge, consent, the Senate advanced to the Ninth Order of Business. absent and excused. Messages from the House Prayer was offered by Chaplain Montie Ralstin. February 1, 2019 The Pledge of Allegiance was led by Mariya Ricks, Page. Dear Madam President: The Senate advanced to the Third Order of Business. I transmit herewith H 43, which has passed the House. Reading and Correction of the Journal MAULIN, Chief Clerk The JUDICIARY AND RULES Committee reports that the Senate Journal of the proceedings of February 1, 2019, was read H 43 was filed for first reading. and approved as corrected. February 1, 2019 LAKEY, Chairman Dear Madam President: There being no objection, the report was adopted and ordered filed in the office of the Secretary of the Senate. I return herewith S 1017, which has passed the House. On request by Senator Winder, granted by unanimous MAULIN, Chief Clerk consent, the Senate advanced to the Sixth Order of Business. S 1017 was referred to the Judiciary and Rules Committee Reports of Standing Committees for enrolling. February 4, 2019 The Senate advanced to the Tenth Order of Business. The JUDICIARY AND RULES Committee reports that Motions and Resolutions SJR 101, S 1046, S 1047, S 1048, and S 1049 have been correctly printed. The President announced that HCR 2 was before the Senate for final consideration, the question being, "Shall the resolution LAKEY, Chairman be adopted?" SJR 101 was referred to the State Affairs Committee. On motion by Senator Stennett, seconded by President Pro Tempore Hill, HCR 2 was adopted by voice vote, S 1046 was referred to the Transportation Committee. title was approved, and the resolution ordered returned to the S 1047 was referred to the Local Government and Taxation House. Committee. The President announced that the Local Government S 1048 was referred to the Commerce and Human Resources and Taxation Committee report relative to the Gubernatorial Committee. re-appointment of Leland Heinrich was before the Senate for final consideration, the question being, "Shall the report be S 1049 was referred to the State Affairs Committee. adopted?" February 1, 2019 On motion by President Pro Tempore Hill, seconded by The JUDICIARY AND RULES Committee reports that Senator Burgoyne, the Gubernatorial re-appointment of Leland S 1016 has been correctly enrolled. Heinrich as a member of the Board of Tax Appeals was confirmed by voice vote. LAKEY, Chairman The President declared the report adopted and directed the The President signed Enrolled S 1016 and ordered it Secretary of the Senate to prepare a letter of the Gubernatorial transmitted to the House for the signature of the Speaker. re-appointment confirmation for her signature, attested to by the 66 SENATE JOURNAL February 4, 2019]

Secretary, to be transmitted to the Governor informing him of the Den Hartog, Grow, Guthrie, Harris, Heider, Hill, Johnson, action of the Senate. Jordan, Lakey, Lee, Lent, Lodge, Martin, Mortimer, Nelson, Nye, Patrick, Rice, Souza, Stennett, Thayn, Vick, Ward-Engelking, The President announced that the State Affairs Committee Winder, Woodward. Total - 35. report relative to the Gubernatorial re-appointment of John Chatburn was before the Senate for final consideration, the Whereupon the President declared H 35 passed, title was question being, "Shall the report be adopted?" approved, and the bill ordered returned to the House. On motion by Senator Anthon, seconded by Senator Jordan, H 36 was read the third time at length, section by section, the Gubernatorial re-appointment of John Chatburn as the and placed before the Senate for final consideration. Senator Administrator of the Office of Energy and Mineral Resources Ward-Engelking arose as sponsor of the bill and opened the was confirmed by voice vote. debate. The question being, "Shall the bill pass?" The President declared the report adopted and directed the Roll call resulted as follows: Secretary of the Senate to prepare a letter of the Gubernatorial appointment confirmation for her signature, attested to by the AYES–Agenbroad, Anthon, Bair, Bayer, Brackett, Secretary, to be transmitted to the Governor informing him of Buckner-Webb, Burgoyne, Burtenshaw, Cheatham, Crabtree, the action of the Senate. Den Hartog, Grow, Guthrie, Harris, Heider, Hill, Johnson, Jordan, Lakey, Lee, Lent, Lodge, Martin, Mortimer, Nelson, Nye, The President announced that the State Affairs Committee Patrick, Rice, Souza, Stennett, Thayn, Vick, Ward-Engelking, report relative to the Gubernatorial appointment of Judy Bicknell Winder, Woodward. Total - 35. Taylor was before the Senate for final consideration, the question being, "Shall the report be adopted?" Whereupon the President declared H 36 passed, title was On motion by Senator Souza, seconded by approved, and the bill ordered returned to the House. Senator Buckner-Webb, the Gubernatorial appointment of Judy H 14 was read the third time at length, section by section, and Bicknell Taylor as the Administrator of the Office on Aging was placed before the Senate for final consideration. Senator Grow confirmed by voice vote. arose as sponsor of the bill and opened the debate. The question The President declared the report adopted and directed the being, "Shall the bill pass?" Secretary of the Senate to prepare a letter of the Gubernatorial Roll call resulted as follows: appointment confirmation for her signature, attested to by the Secretary, to be transmitted to the Governor informing him of AYES–Agenbroad, Anthon, Bair, Bayer, Brackett, the action of the Senate. Buckner-Webb, Burgoyne, Burtenshaw, Cheatham, Crabtree, The Senate advanced to the Eleventh Order of Business. Den Hartog, Grow, Guthrie, Harris, Heider, Hill, Johnson, Jordan, Lakey, Lee, Lent, Lodge, Martin, Mortimer, Nelson, Nye, Introduction, First Reading, and Reference of Bills, Patrick, Rice, Souza, Stennett, Thayn, Vick, Ward-Engelking, House Petitions, Resolutions, and Memorials Winder, Woodward. Total - 35. H 43, by Judiciary, Rules and Administration Committee, Whereupon the President declared H 14 passed, title was was introduced, read the first time at length, and referred to the approved, and the bill ordered returned to the House. Judiciary and Rules Committee. H 15 was read the third time at length, section by section, The Senate advanced to the Twelfth Order of Business. and placed before the Senate for final consideration. Senator Second Reading of Bills Cheatham arose as sponsor of the bill and opened the debate. The question being, "Shall the bill pass?" H 19, by Revenue and Taxation Committee, was read the second time at length and filed for third reading. Roll call resulted as follows: S 1029 and S 1030, by Education Committee, were read the AYES–Agenbroad, Anthon, Bair, Bayer, Brackett, second time at length and filed for third reading. Buckner-Webb, Burgoyne, Burtenshaw, Cheatham, Crabtree, Den Hartog, Grow, Guthrie, Harris, Heider, Hill, Johnson, S 1020, by Judiciary and Rules Committee, was read the Jordan, Lakey, Lee, Lent, Lodge, Martin, Mortimer, Nelson, Nye, second time at length and filed for third reading. Patrick, Rice, Souza, Stennett, Thayn, Vick, Ward-Engelking, The Senate advanced to the Thirteenth Order of Business. Winder, Woodward. Total - 35. Third Reading of Bills Whereupon the President declared H 15 passed, title was approved, and the bill ordered returned to the House. On request by Senator Lakey, granted by unanimous consent, S 1005 was referred to the Fourteenth Order of Business, General On request by Senator Winder, granted by unanimous Calendar. consent, the Senate advanced to the Fifteenth Order of Business. H 35 was read the third time at length, section by section, Miscellaneous Business and placed before the Senate for final consideration. Senator Agenbroad arose as sponsor of the bill and opened the debate. On motion by Senator Winder, seconded by Senator Stennett, The question being, "Shall the bill pass?" by voice vote, the Senate adjourned at 11:58 a.m. until the hour of 11 a.m., Tuesday, February 5, 2019. Roll call resulted as follows: JANICE MCGEACHIN, President AYES–Agenbroad, Anthon, Bair, Bayer, Brackett, Buckner-Webb, Burgoyne, Burtenshaw, Cheatham, Crabtree, Attest: JENNIFER NOVAK, Secretary [February 5, 2019 SENATE JOURNAL 67

SENATE JOURNAL February 4, 2019 The HEALTH AND WELFARE Committee reports out OF THE S 1033 with the recommendation that it do pass. IDAHO LEGISLATURE MARTIN, Chairman S 1033 was filed for second reading. FIRST REGULAR SESSION SIXTY-FIFTH LEGISLATURE February 5, 2019 The RESOURCES AND ENVIRONMENT Committee reports it has had under consideration the Gubernatorial appointment listed below and the Committee recommends that said appointment be confirmed by the Senate: THIRTIETH LEGISLATIVE DAY TUESDAY, FEBRUARY 5, 2019 Louise Stark to the Idaho Outfitters and Guides Licensing Board, term to expire April 20, 2021.

Senate Chamber HEIDER, Chairman President McGeachin called the Senate to order at 11 a.m. The Gubernatorial appointment was referred to the Tenth Order of Business, Motions and Resolutions, and ordered held Roll call showed all members present except Senator Rice, at the Secretary's desk for one legislative day. absent and excused. On request by Senator Winder, granted by unanimous Prayer was offered by Chaplain Montie Ralstin. consent, the Senate advanced to the Eighth Order of Business. The Pledge of Allegiance was led by Emily White, Page. Messages from the Governor The Senate advanced to the Third Order of Business. February 4, 2019 Reading and Correction of the Journal The Honorable Janice McGeachin The JUDICIARY AND RULES Committee reports that the President of the Senate Senate Journal of the proceedings of February 4, 2019, was read Idaho Legislature and approved as corrected. Dear Madam President: LAKEY, Chairman I have the honor to inform you that John D. Hayden Jr. of There being no objection, the report was adopted and ordered Boise, Idaho, was appointed as a member of the State Board of filed in the office of the Secretary of the Senate. Correction to serve a term commencing January 30, 2019, and expiring January 30, 2025. On request by Senator Winder, granted by unanimous consent, the Senate advanced to the Sixth Order of Business. This appointment was made subject to confirmation by the Senate. Notice of appointment is hereby given. Reports of Standing Committees Sincerely, Senator Rice was recorded present at this order of business. /s/ Brad Little February 4, 2019 Governor The JUDICIARY AND RULES Committee reports that The correspondence was ordered filed in the office of the S 1017 has been correctly enrolled. Secretary of the Senate. LAKEY, Chairman The Gubernatorial appointment was referred to the Judiciary and Rules Committee. The President signed Enrolled S 1017 and ordered it transmitted to the House for the signature of the Speaker. February 4, 2019 February 4, 2019 The Honorable Janice McGeachin President of the Senate The RESOURCES AND ENVIRONMENT Committee Idaho Legislature reports out S 1039 and S 1041 with the recommendation that they do pass. Dear Madam President: HEIDER, Chairman I have the honor to inform you that David Jeppesen of Eagle, Idaho, was appointed as the Director of the Idaho Department of S 1039 and S 1041 were filed for second reading. Health and Welfare to serve a term commencing January 7, 2019, and continuing at the pleasure of the Governor. February 4, 2019 The JUDICIARY AND RULES Committee reports out This appointment was made subject to confirmation by the S 1003 with the recommendation that it do pass. Senate. Notice of appointment is hereby given. LAKEY, Chairman Sincerely, /s/ Brad Little S 1003 was filed for second reading. Governor 68 SENATE JOURNAL February 5, 2019]

The correspondence was ordered filed in the office of the S 1025 was referred to the Judiciary and Rules Committee Secretary of the Senate. for enrolling. The Gubernatorial appointment was referred to the Health On request by Senator Winder, granted by unanimous and Welfare Committee. consent, the Senate advanced to the Eleventh Order of Business. February 4, 2019 Introduction, First Reading, and Reference of Bills, House Petitions, Resolutions, and Memorials The Honorable Janice McGeachin President of the Senate S 1050 Idaho Legislature BY RESOURCES AND ENVIRONMENT COMMITTEE Dear Madam President: AN ACT RELATING TO WATER; AMENDING SECTION 42-201, I have the honor to inform you that Janet Gallimore of Boise, IDAHO CODE, TO REVISE A PROVISION REGARDING Idaho, was re-appointed as the State Historic Preservation Officer THE DIVERSION AND USE OF WATER WITH OR to serve a term commencing January 7, 2019, and continuing at WITHOUT A WATER RIGHT AND TO MAKE TECHNICAL the pleasure of the Governor. CORRECTIONS. This appointment was made subject to confirmation by the S 1050 was introduced, read the first time at length, and Senate. Notice of appointment is hereby given. referred to the Judiciary and Rules Committee for printing. Sincerely, HCR 7, by Resources and Conservation Committee, was /s/ Brad Little introduced, read at length, and referred to the Resources and Governor Environment Committee. The correspondence was ordered filed in the office of the H 66, by Appropriations Committee, was introduced, read Secretary of the Senate. the first time at length, and referred to the Finance Committee. The Gubernatorial appointment was referred to the State H 72, by Business Committee, was introduced, read the first Affairs Committee. time at length, and referred to the State Affairs Committee. February 4, 2019 H 24, by Transportation and Defense Committee, was The Honorable Janice McGeachin introduced, read the first time at length, and referred to the President of the Senate Transportation Committee. Idaho Legislature H 22 and H 37, by Health and Welfare Committee, were Dear Madam President: introduced, read the first time at length, and referred to the Health and Welfare Committee. I have the honor to inform you that I have signed today and am transmitting to the Secretary of State the following Senate HCR 3, by Health and Welfare Committee, was introduced, Bill, to wit: read at length, and referred to the Health and Welfare Committee. S 1002 HJM 1, by Health and Welfare Committee, was introduced, read at length, and referred to the State Affairs Committee. Sincerely, /s/ Brad Little The Senate advanced to the Twelfth Order of Business. Governor of Idaho Second Reading of Bills The correspondence was ordered filed in the office of the Secretary of the Senate. H 56 and H 57, by Appropriations Committee, were read the second time at length and filed for third reading. The Senate advanced to the Ninth Order of Business. The Senate advanced to the Thirteenth Order of Business. Messages from the House Third Reading of Bills February 4, 2019 H 16 was read the third time at length, section by section, Dear Madam President: and placed before the Senate for final consideration. Senator I transmit herewith HCR 7, H 66, H 72, H 24, H 22, H 37, Burgoyne arose as sponsor of the bill and opened the debate. HCR 3, and HJM 1, which have passed the House. The question being, "Shall the bill pass?" MAULIN, Chief Clerk Roll call resulted as follows: HCR 7, H 66, H 72, H 24, H 22, H 37, HCR 3, and AYES–Agenbroad, Anthon, Bair, Bayer, Brackett, HJM 1 were filed for first reading. Buckner-Webb, Burgoyne, Burtenshaw, Cheatham, Crabtree, Den Hartog, Grow, Guthrie, Harris, Heider, Hill, Johnson, February 4, 2019 Jordan, Lakey, Lee, Lent, Lodge, Martin, Mortimer, Nelson, Nye, Dear Madam President: Patrick, Rice, Souza, Stennett, Thayn, Vick, Ward-Engelking, Winder, Woodward. Total - 35. I return herewith S 1025, which has passed the House. Whereupon the President declared H 16 passed, title was MAULIN, Chief Clerk approved, and the bill ordered returned to the House. [February 5, 2019 SENATE JOURNAL 69

H 17 was read the third time at length, section by section, Miscellaneous Business and placed before the Senate for final consideration. Senator Vick arose as sponsor of the bill and opened the debate. The question On motion by Senator Winder, seconded by Senator Stennett, being, "Shall the bill pass?" by voice vote, the Senate adjourned at 11:57 a.m. until the hour of 10:45 a.m., Wednesday, February 6, 2019. Roll call resulted as follows: JANICE MCGEACHIN, President AYES–Agenbroad, Anthon, Bair, Bayer, Brackett, Buckner-Webb, Burgoyne, Burtenshaw, Cheatham, Crabtree, Attest: JENNIFER NOVAK, Secretary Den Hartog, Grow, Guthrie, Harris, Heider, Hill, Johnson, Jordan, Lakey, Lee, Lent, Lodge, Martin, Mortimer, Nelson, Nye, Patrick, Rice, Souza, Stennett, Thayn, Vick, Ward-Engelking, Winder, Woodward. Total - 35. Whereupon the President declared H 17 passed, title was approved, and the bill ordered returned to the House. S 1031 was read the third time at length, section by section, and placed before the Senate for final consideration. Senator Ward-Engelking arose as sponsor of the bill and opened the debate. The question being, "Shall the bill pass?" Roll call resulted as follows: AYES–Agenbroad, Anthon, Bair, Bayer, Brackett, Buckner-Webb, Burgoyne, Burtenshaw, Cheatham, Crabtree, Den Hartog, Grow, Guthrie, Harris, Heider, Hill, Johnson, Jordan, Lakey, Lee, Lent, Lodge, Martin, Mortimer, Nelson, Nye, Patrick, Rice, Souza, Stennett, Thayn, Vick, Ward-Engelking, Winder, Woodward. Total - 35. Whereupon the President declared S 1031 passed, title was approved, and the bill ordered transmitted to the House. S 1032 was read the third time at length, section by section, and placed before the Senate for final consideration. Senator Woodward arose as sponsor of the bill and opened the debate. The question being, "Shall the bill pass?" Roll call resulted as follows: AYES–Agenbroad, Anthon, Bair, Bayer, Brackett, Buckner-Webb, Burgoyne, Burtenshaw, Cheatham, Crabtree, Den Hartog, Grow, Guthrie, Harris, Heider, Hill, Johnson, Jordan, Lakey, Lee, Lent, Lodge, Martin, Mortimer, Nelson, Nye, Patrick, Rice, Souza, Stennett, Thayn, Vick, Ward-Engelking, Winder, Woodward. Total - 35. Whereupon the President declared S 1032 passed, title was approved, and the bill ordered transmitted to the House. H 1 was read the third time at length, section by section, and placed before the Senate for final consideration. Senator Rice arose as sponsor of the bill and opened the debate. The question being, "Shall the bill pass?" Roll call resulted as follows: AYES–Agenbroad, Anthon, Bair, Bayer, Brackett, Buckner-Webb, Burgoyne, Burtenshaw, Cheatham, Crabtree, Den Hartog, Grow, Guthrie, Harris, Heider, Hill, Johnson, Jordan, Lakey, Lee, Lent, Lodge, Martin, Mortimer, Nelson, Nye, Patrick, Rice, Souza, Stennett, Thayn, Vick, Ward-Engelking, Winder, Woodward. Total - 35. Whereupon the President declared H 1 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. 70 SENATE JOURNAL February 6, 2019]

SENATE JOURNAL WHEREAS, in 1942, Congress adopted the Flag Code, originally drafted at an American Legion conference, regarding OF THE the proper care and display of the United States flag; and WHEREAS, in 1944, after being promoted by the American Legion, the Servicemen's Readjustment Act, more commonly IDAHO LEGISLATURE known as the G.I. Bill, was signed into law by President Franklin D. Roosevelt, enabling millions of veterans to attain higher FIRST REGULAR SESSION education; and SIXTY-FIFTH LEGISLATURE WHEREAS, the American Legion donated $1 million to the Vietnam Veterans Memorial Fund for construction of the Vietnam Veterans Memorial Wall in Washington, D.C., the American Legion being responsible for the largest single contribution to the project; and THIRTY-FIRST LEGISLATIVE DAY WHEREAS, the American Legion's efforts to serve veterans WEDNESDAY, FEBRUARY 6, 2019 included sponsoring an independent study on the effects of exposure to Agent Orange. The study results were presented to Congress in 1989; and Senate Chamber WHEREAS, in 2010, the American Legion's Operation Comfort Warriors, a program to assist wounded, injured, or ill President McGeachin called the Senate to order at 10:45 a.m. service personnel by providing items not usually furnished by Roll call showed all members present except President Pro the government, including leisure wear, books, games, and other Tempore Hill and Senator Lee, absent and excused. entertainment, earned first place and a $250,000 grant in the Pepsi Refresh Project; and Prayer was offered by Chaplain Montie Ralstin. WHEREAS, today, the American Legion is the largest wartime veterans service organization, with nearly 2 million The Pledge of Allegiance was led by Drew Bingham, Page. members, including about 10,000 members in Idaho; and The Senate advanced to the Third Order of Business. WHEREAS, the American Legion has more than 12,000 posts in communities throughout the United States, including 99 Reading and Correction of the Journal posts in Idaho, with additional posts in France, Mexico, and the Philippines; and The JUDICIARY AND RULES Committee reports that the WHEREAS, the American Legion is also dedicated to Senate Journal of the proceedings of February 5, 2019, was read serving our country's youth through such programs as: American and approved as corrected. Legion Baseball, which fields more than 5,600 amateur baseball teams throughout the United States and Canada, and which has LAKEY, Chairman been supported by the American Legion Department of Idaho There being no objection, the report was adopted and ordered since 1926; Boys State, a leadership development program filed in the office of the Secretary of the Senate. serving approximately 20,000 young men annually; and the American Legion National High School Oratorical Program, On request by Senator Winder, granted by unanimous a speech contest intended to teach leadership skills, American consent, the Senate advanced to the Fifth Order of Business. history, and an understanding of the rights, privileges, and obligations of American citizenship; and WHEREAS, the American Legion Department of Idaho Petitions, Resolutions, and Memorials purchased its department headquarters in 1988 and has maintained consistently high membership numbers over many SCR 101 years; and BY STATE AFFAIRS COMMITTEE WHEREAS, the American Legion is celebrating the A CONCURRENT RESOLUTION hundredth anniversary of its creation this year. STATING FINDINGS OF THE LEGISLATURE AND NOW, THEREFORE, BE IT RESOLVED by the members HONORING THE AMERICAN LEGION IN ITS of the First Regular Session of the Sixty-fifth Idaho Legislature, CENTENNIAL YEAR. the Senate and the House of Representatives concurring therein, that we honor and recognize the American Legion on the event Be It Resolved by the Legislature of the State of Idaho: of its centennial. WHEREAS, the American Legion, a patriotic veterans BE IT FURTHER RESOLVED that we commend the service organization, was founded on March 15, 1919, by American Legion for its exemplary service and its dedication to American servicemen in France and was chartered by Congress veterans and for upholding and celebrating American values and on September 16 of that year; and ideals. WHEREAS, the American Legion Department of Idaho was SCR 101 was introduced, read at length, and referred to the granted its temporary charter in 1919 and its permanent charter Judiciary and Rules Committee for printing. on August 1, 1920; and WHEREAS, since its establishment, the American Legion The Senate advanced to the Sixth Order of Business. has been dedicated to serving the interests of veterans and the nation; and WHEREAS, the United States Veterans Bureau, which later Reports of Standing Committees became the Veterans Administration and the Department of Veterans Affairs, was created on August 9, 1921, as a result of President Pro Tempore Hill was recorded present at this order efforts led by the American Legion; and of business. [February 6, 2019 SENATE JOURNAL 71

February 6, 2019 February 6, 2019 The JUDICIARY AND RULES Committee reports that The STATE AFFAIRS Committee reports out H 42 with the S 1050 has been correctly printed. recommendation that it be referred to the Fourteenth Order of Business for amendment. LAKEY, Chairman

S 1050 was referred to the Resources and Environment LODGE, Chairman Committee. There being no objection, H 42 was referred to the February 5, 2019 Fourteenth Order of Business, General Calendar. The JUDICIARY AND RULES Committee reports that February 6, 2019 S 1025 has been correctly enrolled. The STATE AFFAIRS Committee reports out H 72 with the LAKEY, Chairman recommendation that it do pass. The President signed Enrolled S 1025 and ordered it transmitted to the House for the signature of the Speaker. LODGE, Chairman February 5, 2019 H 72 was filed for second reading. The FINANCE Committee reports out H 66 with the recommendation that it do pass. February 6, 2019 BAIR, Chairman The STATE AFFAIRS Committee reports out HJM 3 with H 66 was filed for second reading. the recommendation that it do pass. February 5, 2019 LODGE, Chairman The TRANSPORTATION Committee reports out HJM 3 was referred to the Tenth Order of Business, Motions S 1046 with the recommendation that it do pass. and Resolutions, and ordered held at the Secretary's desk for one legislative day. BRACKETT, Chairman On request by Senator Winder, granted by unanimous S 1046 was filed for second reading. consent, the Senate advanced to the Ninth Order of Business. February 5, 2019 Messages from the House The LOCAL GOVERNMENT AND TAXATION February 5, 2019 Committee reports out H 25 with the recommendation that it do pass. Dear Madam President: RICE, Chairman I transmit herewith H 44, H 64, and H 62, which have passed the House. H 25 was filed for second reading. MAULIN, Chief Clerk February 5, 2019 H 44, H 64, and H 62 were filed for first reading. The HEALTH AND WELFARE Committee reports out H 10, H 11, and H 12 with the recommendation that they do February 5, 2019 pass. Dear Madam President: MARTIN, Chairman I return herewith Enrolled S 1016, which has been signed by H 10, H 11, and H 12 were filed for second reading. the Speaker. February 6, 2019 MAULIN, Chief Clerk The STATE AFFAIRS Committee reports it has had under Enrolled S 1016 was referred to the Judiciary and Rules consideration the Gubernatorial appointments listed below and Committee for transmittal to the Office of the Governor. the Committee recommends that said appointments be confirmed by the Senate: The Senate advanced to the Tenth Order of Business. Jeffrey R. Anderson as the Director of the Idaho Lottery Motions and Resolutions Commission, term to continue at the pleasure of the Governor. Senator Lee was recorded present at this order of business. Jeffrey R. Anderson as the Director of the State Liquor Division, term to expire January 7, 2022. The President announced that the Resources and Environment Committee report relative to the Gubernatorial LODGE, Chairman re-appointment of Louise Stark was before the Senate for final consideration, the question being, "Shall the report be adopted?" The Gubernatorial appointments were referred to the Tenth Order of Business, Motions and Resolutions, and ordered held at On motion by Senator Winder, seconded by Senator Stennett, the Secretary's desk for one legislative day. the Gubernatorial re-appointment of Louise Stark as a member of 72 SENATE JOURNAL February 6, 2019] the Idaho Outfitters and Guides Licensing Board was confirmed S 1055 by voice vote. BY HEALTH AND WELFARE COMMITTEE AN ACT The President declared the report adopted and directed the RELATING TO MARRIAGE LICENSES; REPEALING Secretary of the Senate to prepare a letter of the Gubernatorial SECTION 32-412A, IDAHO CODE, RELATING TO AN appointment confirmation for her signature, attested to by the EDUCATIONAL PAMPHLET REGARDING AIDS. Secretary, to be transmitted to the Governor informing him of the action of the Senate. S 1051, S 1052, S 1053, S 1054, and S 1055 were introduced, read the first time at length, and referred to the Judiciary and The Senate advanced to the Eleventh Order of Business. Rules Committee for printing. Introduction, First Reading, and Reference of Bills, H 44, by Resources and Conservation Committee, was House Petitions, Resolutions, and Memorials introduced, read the first time at length, and referred to the Resources and Environment Committee. S 1051 BY TRANSPORTATION COMMITTEE H 64, by State Affairs Committee, was introduced, read the AN ACT first time at length, and referred to the State Affairs Committee. RELATING TO MOTOR VEHICLES; AMENDING SECTION 49-432, IDAHO CODE, TO PROVIDE A CORRECT CODE H 62, by Revenue and Taxation Committee, was introduced, REFERENCE; AMENDING SECTION 49-434, IDAHO read the first time at length, and referred to the Local Government CODE, TO PROVIDE FOR CERTAIN REGISTRATION and Taxation Committee. AND MILEAGE USE FEES; AMENDING CHAPTER 4, TITLE 49, IDAHO CODE, BY THE ADDITION OF A NEW The Senate advanced to the Twelfth Order of Business. SECTION 49-436, IDAHO CODE, TO SPECIFY CERTAIN Second Reading of Bills REQUIREMENTS REGARDING QUARTERLY REPORTS AND RECORDKEEPING AND TO PROVIDE PENALTIES; S 1039 and S 1041, by Resources and Environment AMENDING SECTION 49-439, IDAHO CODE, TO PROVIDE Committee, were read the second time at length and filed for A CORRECT CODE REFERENCE; AND PROVIDING AN third reading. EFFECTIVE DATE. S 1003, by Judiciary and Rules Committee, was read the S 1052 second time at length and filed for third reading. BY TRANSPORTATION COMMITTEE AN ACT S 1033, by Health and Welfare Committee, was read the RELATING TO MOTOR VEHICLES; AMENDING SECTION second time at length and filed for third reading. 49-432, IDAHO CODE, TO PROVIDE A CORRECT CODE REFERENCE; AMENDING SECTION 49-434, IDAHO The Senate advanced to the Thirteenth Order of Business. CODE, TO PROVIDE FOR CERTAIN REGISTRATION Third Reading of Bills AND MILEAGE USE FEES; AMENDING CHAPTER 4, TITLE 49, IDAHO CODE, BY THE ADDITION OF A NEW S 1019 was read the third time at length, section by section, SECTION 49-436, IDAHO CODE, TO SPECIFY CERTAIN and placed before the Senate for final consideration. Senator Nye REQUIREMENTS REGARDING QUARTERLY REPORTS arose as sponsor of the bill and opened the debate. The question AND RECORDKEEPING, AND TO PROVIDE PENALTIES; being, "Shall the bill pass?" AMENDING SECTION 49-439, IDAHO CODE, TO PROVIDE A CORRECT CODE REFERENCE; AND PROVIDING AN Roll call resulted as follows: EFFECTIVE DATE. AYES–Agenbroad, Anthon, Bair, Bayer, Brackett, S 1053 Buckner-Webb, Burgoyne, Burtenshaw, Cheatham, Crabtree, BY COMMERCE AND HUMAN RESOURCES Den Hartog, Grow, Guthrie, Harris, Heider, Hill, Johnson, COMMITTEE Jordan, Lakey, Lee, Lent, Lodge, Martin, Mortimer, Nelson, Nye, AN ACT Patrick, Rice, Souza, Stennett, Thayn, Vick, Ward-Engelking, RELATING TO THE BARBER AND COSMETOLOGY Winder, Woodward. Total - 35. SERVICES ACT; AMENDING SECTION 54-5802, IDAHO CODE, TO REVISE A DEFINITION; AMENDING SECTION Whereupon the President declared S 1019 passed, title was 54-5810, IDAHO CODE, TO PROVIDE FOR BARBER AND approved, and the bill ordered transmitted to the House. BARBER-STYLIST APPRENTICESHIP AND TO MAKE S 1021 was read the third time at length, section by section, TECHNICAL CORRECTIONS; AND AMENDING SECTION and placed before the Senate for final consideration. Senator Lee 54-5817, IDAHO CODE, TO PROVIDE FOR BARBER AND arose as sponsor of the bill and opened the debate. The question BARBER-STYLIST APPRENTICESHIP. being, "Shall the bill pass?" S 1054 Roll call resulted as follows: BY HEALTH AND WELFARE COMMITTEE AN ACT AYES–Agenbroad, Anthon, Bair, Bayer, Brackett, RELATING TO REGIONAL BEHAVIORAL HEALTH Buckner-Webb, Burgoyne, Burtenshaw, Cheatham, Crabtree, BOARDS; AMENDING SECTION 39-3134, IDAHO CODE, Den Hartog, Grow, Guthrie, Harris, Heider, Hill, Johnson, TO REVISE PROVISIONS REGARDING THE APPOINTING Jordan, Lakey, Lee, Lent, Lodge, Martin, Mortimer, Nelson, Nye, AUTHORITY FOR REGIONAL BEHAVIORAL HEALTH Patrick, Rice, Souza, Stennett, Thayn, Vick, Ward-Engelking, BOARDS. Winder, Woodward. Total - 35. [February 6, 2019 SENATE JOURNAL 73

Whereupon the President declared S 1021 passed, title was Roll call resulted as follows: approved, and the bill ordered transmitted to the House. AYES–Agenbroad, Anthon, Bair, Bayer, Brackett, S 1022 was read the third time at length, section by section, Buckner-Webb, Burgoyne, Burtenshaw, Cheatham, Crabtree, and placed before the Senate for final consideration. Senator Nye Den Hartog, Grow, Guthrie, Harris, Heider, Hill, Johnson, arose as sponsor of the bill and opened the debate. The question Jordan, Lakey, Lee, Lent, Lodge, Martin, Mortimer, Nelson, Nye, being, "Shall the bill pass?" Patrick, Rice, Souza, Stennett, Thayn, Vick, Ward-Engelking, Winder, Woodward. Total - 35. Roll call resulted as follows: Whereupon the President declared S 1030 passed, title was AYES–Agenbroad, Anthon, Bair, Bayer, Brackett, approved, and the bill ordered transmitted to the House. Buckner-Webb, Burgoyne, Burtenshaw, Cheatham, Crabtree, Den Hartog, Grow, Guthrie, Harris, Heider, Hill, Johnson, On request by Senator Winder, granted by unanimous Jordan, Lakey, Lee, Lent, Lodge, Martin, Mortimer, Nelson, Nye, consent, S 1020 retained its place on the Third Reading Calendar Patrick, Rice, Souza, Stennett, Thayn, Vick, Ward-Engelking, for Wednesday, February 13, 2019. Winder, Woodward. Total - 35. H 56 was read the third time at length, section by section, and Whereupon the President declared S 1022 passed, title was placed before the Senate for final consideration. Senator Johnson approved, and the bill ordered transmitted to the House. arose as sponsor of the bill and opened the debate. The question being, "Shall the bill pass?" S 1023 was read the third time at length, section by section, and placed before the Senate for final consideration. Senator Roll call resulted as follows: Johnson arose as sponsor of the bill and opened the debate. The question being, "Shall the bill pass?" AYES–Agenbroad, Anthon, Bair, Bayer, Brackett, Buckner-Webb, Burgoyne, Burtenshaw, Cheatham, Crabtree, Roll call resulted as follows: Den Hartog, Grow, Guthrie, Harris, Heider, Hill, Johnson, Jordan, Lakey, Lee, Lent, Lodge, Martin, Mortimer, Nelson, Nye, AYES–Anthon, Buckner-Webb, Burgoyne, Cheatham, Grow, Patrick, Rice, Souza, Stennett, Thayn, Vick, Ward-Engelking, Heider, Hill, Johnson, Jordan, Lakey, Lee, Lent, Lodge, Martin, Winder, Woodward. Total - 35. Nelson, Nye, Patrick, Stennett, Thayn, Ward-Engelking, Winder, Woodward. Total - 22. Whereupon the President declared H 56 passed, title was approved, and the bill ordered returned to the House. NAYS–Agenbroad, Bair, Bayer, Brackett, Burtenshaw, Crabtree, Den Hartog, Guthrie, Harris, Mortimer, Rice, Souza, H 57 was read the third time at length, section by section, Vick. Total - 13. and placed before the Senate for final consideration. Senator Burtenshaw arose as sponsor of the bill and opened the debate. Total - 35. The question being, "Shall the bill pass?" Whereupon the President declared S 1023 passed, title was Roll call resulted as follows: approved, and the bill ordered transmitted to the House. AYES–Agenbroad, Anthon, Bair, Bayer, Brackett, S 1024 was read the third time at length, section by section, Buckner-Webb, Burgoyne, Burtenshaw, Cheatham, Crabtree, and placed before the Senate for final consideration. Senator Den Hartog, Grow, Guthrie, Harris, Heider, Hill, Johnson, Mortimer arose as sponsor of the bill and opened the debate. Jordan, Lakey, Lee, Lent, Lodge, Martin, Mortimer, Nelson, Nye, The question being, "Shall the bill pass?" Patrick, Rice, Souza, Stennett, Thayn, Vick, Ward-Engelking, Roll call resulted as follows: Winder, Woodward. Total - 35. AYES–Agenbroad, Anthon, Bair, Bayer, Brackett, Whereupon the President declared H 57 passed, title was Buckner-Webb, Burgoyne, Burtenshaw, Cheatham, Crabtree, approved, and the bill ordered returned to the House. Den Hartog, Grow, Guthrie, Harris, Heider, Hill, Johnson, On request by Senator Winder, granted by unanimous Jordan, Lakey, Lee, Lent, Lodge, Martin, Mortimer, Nelson, Nye, consent, the Senate advanced to the Fifteenth Order of Business. Patrick, Rice, Souza, Stennett, Thayn, Vick, Ward-Engelking, Winder, Woodward. Total - 35. Miscellaneous Business Whereupon the President declared S 1024 passed, title was On motion by Senator Winder, seconded by Senator Stennett, approved, and the bill ordered transmitted to the House. by voice vote, the Senate adjourned at 12:04 p.m. until the hour of 11 a.m., Thursday, February 7, 2019. On request by Senator Winder, granted by unanimous consent, H 19 retained its place on the Third Reading Calendar JANICE MCGEACHIN, President for one legislative day. Attest: JENNIFER NOVAK, Secretary On request by Senator Winder, granted by unanimous consent, S 1029 retained its place on the Third Reading Calendar for Friday, February 15, 2019. S 1030 was read the third time at length, section by section, and placed before the Senate for final consideration. Senator Souza arose as sponsor of the bill and opened the debate. The question being, "Shall the bill pass?" 74 SENATE JOURNAL February 7, 2019]

SENATE JOURNAL The report was ordered filed in the office of the Secretary of the Senate. OF THE Senators Den Hartog and Patrick were recorded present at IDAHO LEGISLATURE this order of business. February 6, 2019 FIRST REGULAR SESSION The JUDICIARY AND RULES Committee reports it has SIXTY-FIFTH LEGISLATURE had under consideration the Gubernatorial appointments listed below and the Committee recommends that said appointments be confirmed by the Senate: Ashley Dowell as the Executive Director of the Commission THIRTY-SECOND LEGISLATIVE DAY on Pardons and Parole, term to continue at the pleasure of the THURSDAY, FEBRUARY 7, 2019 Governor. Colonel Kedrick Wills as the Director of the Idaho State Senate Chamber Police, term to continue at the pleasure of the Governor. President McGeachin called the Senate to order at 11 a.m. Jeffrey A. Betts to the Sexual Offender Management Board, term to expire January 1, 2022. Roll call showed all members present except Senators Den Hartog and Patrick, absent and excused. Mike H. Matthews to the Commission on Pardons and Parole, term to expire January 1, 2022. Prayer was offered by Chaplain Montie Ralstin. LAKEY, Chairman The Pledge of Allegiance was led by Brigham Chelson, Page. The Gubernatorial appointments were referred to the Tenth The Senate advanced to the Third Order of Business. Order of Business, Motions and Resolutions, and ordered held at Reading and Correction of the Journal the Secretary's desk for one legislative day. The JUDICIARY AND RULES Committee reports that the February 6, 2019 Senate Journal of the proceedings of February 6, 2019, was read and approved as corrected. The JUDICIARY AND RULES Committee reports out S 1042 with the recommendation that it do pass. LAKEY, Chairman LAKEY, Chairman There being no objection, the report was adopted and ordered filed in the office of the Secretary of the Senate. S 1042 was filed for second reading. On request by Senator Winder, granted by unanimous February 6, 2019 consent, the Senate advanced to the Sixth Order of Business. The HEALTH AND WELFARE Committee reports out Reports of Standing Committees H 9 with the recommendation that it do pass. February 7, 2019 MARTIN, Chairman The JUDICIARY AND RULES Committee reports that H 9 was filed for second reading. SCR 101, S 1051, S 1052, S 1053, S 1054, and S 1055 have been correctly printed. February 7, 2019 LAKEY, Chairman The AGRICULTURAL AFFAIRS Committee reports out H 38 with the recommendation that it do pass. SCR 101 was referred to the Tenth Order of Business, Motions and Resolutions, and ordered held at the Secretary's GUTHRIE, Chairman desk for one legislative day. H 38 was filed for second reading. S 1051 and S 1052 were referred to the Transportation Committee. On request by Senator Winder, granted by unanimous consent, the Senate advanced to the Eighth Order of Business. S 1053 was referred to the Commerce and Human Resources Committee. Messages from the Governor S 1054 and S 1055 were referred to the Health and Welfare February 5, 2019 Committee. The Honorable Janice McGeachin February 6, 2019 President of the Senate Idaho Legislature The JUDICIARY AND RULES Committee reports that Enrolled S 1016 was delivered to the Office of the Governor at Dear Madam President: 2:10 p.m., February 6, 2019. I have the honor to inform you that Eric Anderson of Boise, LAKEY, Chairman Idaho, was re-appointed as a member of the Public Utilities [February 7, 2019 SENATE JOURNAL 75

Commission to serve a term commencing January 14, 2019, and On motion by Senator Cheatham, seconded by expiring January 14, 2025. Senator Jordan, the Gubernatorial re-appointment of Jeffrey R. Anderson as the Director of the Idaho Lottery Commission was This appointment was made subject to confirmation by the confirmed by voice vote. Senate. Notice of appointment is hereby given. The President declared the report adopted and directed the Sincerely, Secretary of the Senate to prepare a letter of the Gubernatorial /s/ Brad Little re-appointment confirmation for her signature, attested to by the Governor Secretary, to be transmitted to the Governor informing him of the The correspondence was ordered filed in the office of the action of the Senate. Secretary of the Senate. The President announced that the State Affairs Committee The Gubernatorial appointment was referred to the State report relative to the Gubernatorial re-appointment of Jeffrey Affairs Committee. R. Anderson was before the Senate for final consideration, the question being, "Shall the report be adopted?" February 6, 2019 On motion by Senator Stennett, seconded by Senator Anthon, The Honorable Janice McGeachin the Gubernatorial re-appointment of Jeffrey R. Anderson as the President of the Senate Director of the State Liquor Division was confirmed by voice Idaho Legislature vote. Dear Madam President: The President declared the report adopted and directed the I have the honor to inform you that I have signed today and Secretary of the Senate to prepare a letter of the Gubernatorial am transmitting to the Secretary of State the following Senate re-appointment confirmation for her signature, attested to by the Bill, to wit: Secretary, to be transmitted to the Governor informing him of the action of the Senate. S 1016 The President announced that HJM 3 was before the Senate Sincerely, for final consideration, the question being, "Shall the memorial /s/ Brad Little be adopted?" Governor of Idaho On motion by Senator Cheatham, seconded by The correspondence was ordered filed in the office of the Senator Buckner-Webb, HJM 3 was adopted by voice vote, title Secretary of the Senate. was approved, and the memorial ordered returned to the House. The Senate advanced to the Ninth Order of Business. The Senate advanced to the Eleventh Order of Business.

Messages from the House Introduction, First Reading, and Reference of Bills, February 6, 2019 House Petitions, Resolutions, and Memorials

Dear Madam President: S 1056 I transmit herewith Enrolled HCR 2, H 35, H 36, H 14, and BY RESOURCES AND ENVIRONMENT COMMITTEE H 15 for the signature of the President. AN ACT RELATING TO GROUND WATER DISTRICTS; REPEALING MAULIN, Chief Clerk SECTION 42-5244, IDAHO CODE, RELATING TO DELINQUENT ASSESSMENTS AND NONPAYMENT The President signed Enrolled HCR 2, H 35, H 36, H 14, OF MITIGATION COSTS; AMENDING CHAPTER 52, and H 15 and ordered them returned to the House. TITLE 42, IDAHO CODE, BY THE ADDITION OF A NEW February 6, 2019 SECTION 42-5244A, IDAHO CODE, TO PROVIDE FOR THE APPORTIONMENT OF MITIGATION PLAN OBLIGATIONS Dear Madam President: AND TO PROVIDE FOR SEPARATE MITIGATION PLANS BY NONIRRIGATORS; AND AMENDING CHAPTER 52, I return herewith Enrolled S 1017, which has been signed by TITLE 42, IDAHO CODE, BY THE ADDITION OF A NEW the Speaker. SECTION 42-5244B, IDAHO CODE, TO PROVIDE FOR MAULIN, Chief Clerk DELINQUENT ASSESSMENTS AND NONCOMPLIANCE WITH APPORTIONMENT OF MITIGATION PLAN Enrolled S 1017 was referred to the Judiciary and Rules OBLIGATIONS, TO PROVIDE FOR ACTION BY THE Committee for transmittal to the Office of the Governor. DIRECTOR, AND TO PROVIDE FOR HEARINGS. The Senate advanced to the Tenth Order of Business. S 1057 Motions and Resolutions BY EDUCATION COMMITTEE AN ACT The President announced that the State Affairs Committee RELATING TO EDUCATION; AMENDING SECTION 33-320, report relative to the Gubernatorial re-appointment of Jeffrey IDAHO CODE, TO REVISE PROVISIONS REGARDING R. Anderson was before the Senate for final consideration, the CONTINUOUS IMPROVEMENT PLANS FOR SCHOOL question being, "Shall the report be adopted?" DISTRICTS AND PUBLIC CHARTER SCHOOLS. 76 SENATE JOURNAL February 7, 2019]

S 1058 AMENDING CHAPTER 9, TITLE 54, IDAHO CODE, BY BY EDUCATION COMMITTEE THE ADDITION OF A NEW SECTION 54-916C, IDAHO AN ACT CODE, TO PROVIDE FOR DENTAL THERAPY LICENSURE RELATING TO CHARTER SCHOOLS; AMENDING BY CREDENTIALS; AMENDING SECTION 54-918, SECTION 33-5206, IDAHO CODE, TO ESTABLISH IDAHO CODE, TO REVISE PROVISIONS REGARDING PROVISIONS REGARDING CERTIFICATES FOR CHARTER EXAMINATIONS; AMENDING SECTION 54-920, IDAHO SCHOOL ADMINISTRATORS AND TO MAKE TECHNICAL CODE, TO PROVIDE FOR LICENSING AND LICENSE CORRECTIONS. FEES FOR DENTAL THERAPISTS; AMENDING SECTION 54-922, IDAHO CODE, TO REQUIRE DISPLAY OF A S 1059 DENTAL THERAPY LICENSE; AMENDING SECTION BY EDUCATION COMMITTEE 54-923, IDAHO CODE, TO PROVIDE FOR REVOCATION AN ACT OF A DENTAL THERAPY LICENSE; AMENDING RELATING TO EDUCATION; AMENDING SECTION SECTION 54-924, IDAHO CODE, TO REVISE PROVISIONS 33-1632, IDAHO CODE, TO REVISE PROVISIONS REGARDING GROUNDS OF REFUSAL, REVOCATION, REGARDING MASTERY-BASED EDUCATION AND OR SUSPENSION OF DENTISTS; AMENDING CHAPTER TO ESTABLISH THE IDAHO MASTERY EDUCATION 9, TITLE 54, IDAHO CODE, BY THE ADDITION OF A NETWORK. NEW SECTION 54-926, IDAHO CODE, TO PROVIDE GROUNDS FOR REVOCATION OR SUSPENSION OF S 1060 DENTAL THERAPISTS; AMENDING SECTION 54-930, BY EDUCATION COMMITTEE IDAHO CODE, TO PROVIDE EXCEPTIONS AND TO MAKE AN ACT TECHNICAL CORRECTIONS; AMENDING SECTION RELATING TO EDUCATION; AMENDING TITLE 33, IDAHO 54-932, IDAHO CODE, TO PROVIDE REQUIREMENTS CODE, BY THE ADDITION OF A NEW CHAPTER 61, TITLE FOR LOST OR DESTROYED DENTAL THERAPIST 33, IDAHO CODE, TO DEFINE TERMS, TO ESTABLISH CERTIFICATES OR LICENSES; AND AMENDING PROVISIONS REGARDING FLEXIBLE SCHEDULES SECTION 54-935, IDAHO CODE, TO PROVIDE FOR FOR CERTAIN STUDENTS, TO PROVIDE FOR CERTAIN DENTAL THERAPISTS AND TO MAKE TECHNICAL FUNDING AVAILABLE TO STUDENTS WITH FLEXIBLE CORRECTIONS. SCHEDULES, TO ESTABLISH PROVISIONS REGARDING EARLY GRADUATION, TO PROVIDE FOR CERTAIN S 1056, S 1057, S 1058, S 1059, S 1060, S 1061, and FUNDING AVAILABLE TO EARLY GRADUATES AND S 1062 were introduced, read the first time at length, and referred THEIR HIGH SCHOOLS, AND TO PROVIDE DUTIES OF to the Judiciary and Rules Committee for printing. THE STATE BOARD OF EDUCATION. The Senate advanced to the Twelfth Order of Business. S 1061 Second Reading of Bills BY EDUCATION COMMITTEE AN ACT H 66, by Appropriations Committee, was read the second RELATING TO EDUCATION; AMENDING SECTION 33-802, time at length and filed for third reading. IDAHO CODE, TO REVISE PROVISIONS REGARDING S 1046, by Transportation Committee, was read the second SCHOOL LEVIES; AMENDING SECTION 33-808, IDAHO time at length and filed for third reading. CODE, TO PROVIDE CORRECT CODE REFERENCES; AMENDING SECTION 34-439A, IDAHO CODE, TO H 25, by Local Government Committee, was read the second PROVIDE A CORRECT CODE REFERENCE; AND time at length and filed for third reading. AMENDING SECTION 50-2908, IDAHO CODE, TO PROVIDE CORRECT CODE REFERENCES. H 10, H 11, and H 12, by Health and Welfare Committee, were read the second time at length and filed for third reading. S 1062 H 72, by Business Committee, was read the second time at BY HEALTH AND WELFARE COMMITTEE length and filed for third reading. AN ACT RELATING TO DENTISTS; AMENDING SECTION 54-900, The Senate advanced to the Thirteenth Order of Business. IDAHO CODE, TO PROVIDE FOR DENTAL THERAPISTS; AMENDING CHAPTER 9, TITLE 54, IDAHO CODE, BY Third Reading of Bills THE ADDITION OF A NEW SECTION 54-902A, IDAHO H 19, having been held, was read the third time at length, CODE, TO DEFINE A TERM; AMENDING SECTION section by section, and placed before the Senate for final 54-903, IDAHO CODE, TO DEFINE A TERM AND TO consideration. Senator Cheatham arose as sponsor of the bill and REVISE DEFINITIONS; AMENDING CHAPTER 9, TITLE 54, opened the debate. The question being, "Shall the bill pass?" IDAHO CODE, BY THE ADDITION OF A NEW SECTION 54-906A, IDAHO CODE, TO ESTABLISH PROVISIONS Roll call resulted as follows: REGARDING THE UNLAWFUL PRACTICE OF DENTAL THERAPY; AMENDING SECTION 54-912, IDAHO CODE, AYES–Agenbroad, Anthon, Bair, Bayer, Brackett, TO PROVIDE FOR DENTAL THERAPY; AMENDING Buckner-Webb, Burgoyne, Burtenshaw, Cheatham, Crabtree, SECTION 54-913, IDAHO CODE, TO REVISE PROVISIONS Den Hartog, Grow, Guthrie, Harris, Heider, Hill, Johnson, REGARDING CERTIFICATES OF QUALIFICATION AND Jordan, Lakey, Lee, Lent, Lodge, Martin, Mortimer, Nelson, Nye, LICENSES; AMENDING SECTION 54-915, IDAHO CODE, Patrick, Rice, Souza, Stennett, Thayn, Vick, Ward-Engelking, TO PROVIDE FOR THE QUALIFICATIONS REQUIRED Winder, Woodward. Total - 35. OF DENTAL THERAPISTS; AMENDING SECTION 54-916, Whereupon the President declared H 19 passed, title was IDAHO CODE, TO PROVIDE FOR DENTAL THERAPISTS; approved, and the bill ordered returned to the House. [February 7, 2019 SENATE JOURNAL 77

S 1039 was read the third time at length, section by section, and placed before the Senate for final consideration. Senator Patrick arose as sponsor of the bill and opened the debate. The question being, "Shall the bill pass?" Roll call resulted as follows: AYES–Agenbroad, Anthon, Bair, Bayer, Brackett, Burtenshaw, Cheatham, Crabtree, Den Hartog, Grow, Guthrie, Harris, Heider, Hill, Johnson, Lakey, Lee, Lent, Lodge, Martin, Mortimer, Nelson, Patrick, Rice, Souza, Thayn, Vick, Ward-Engelking, Winder, Woodward. Total - 30. NAYS–Buckner-Webb, Burgoyne, Jordan, Nye, Stennett. Total - 5. Total - 35. Whereupon the President declared S 1039 passed, title was approved, and the bill ordered transmitted to the House. S 1041 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 being, "Shall the bill pass?" Roll call resulted as follows: AYES–Agenbroad, Anthon, Bair, Bayer, Brackett, Buckner-Webb, Burgoyne, Burtenshaw, Cheatham, Crabtree, Den Hartog, Grow, Guthrie, Harris, Heider, Hill, Johnson, Jordan, Lakey, Lee, Lent, Lodge, Martin, Mortimer, Nelson, Nye, Patrick, Rice, Souza, Stennett, Thayn, Vick, Ward-Engelking, Winder, Woodward. Total - 35. Whereupon the President declared S 1041 passed, title was approved, and the bill ordered transmitted to the House. On request by Senator Lee, granted by unanimous consent, S 1003 was referred to the Fourteenth Order of Business, General Calendar. 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 Stennett, by voice vote, the Senate adjourned at 11:59 a.m. until the hour of 10:30 a.m., Friday, February 8, 2019. JANICE MCGEACHIN, President Attest: JENNIFER NOVAK, Secretary 78 SENATE JOURNAL February 8, 2019]

SENATE JOURNAL On request by Senator Anthon, granted by unanimous consent, the Senate advanced to the Sixth Order of Business. OF THE Reports of Standing Committees IDAHO LEGISLATURE February 8, 2019 The JUDICIARY AND RULES Committee reports that FIRST REGULAR SESSION S 1056, S 1057, S 1058, S 1059, S 1060, S 1061, and S 1062 have SIXTY-FIFTH LEGISLATURE been correctly printed. LAKEY, Chairman S 1056 was referred to the Resources and Environment THIRTY-THIRD LEGISLATIVE DAY Committee. FRIDAY, FEBRUARY 8, 2019 S 1057, S 1058, S 1059, S 1060, and S 1061 were referred to the Education Committee. Senate Chamber S 1062 was referred to the Health and Welfare Committee. President McGeachin called the Senate to order at 10:30 a.m. February 7, 2019 Roll call showed all members present except Senators Lakey The JUDICIARY AND RULES Committee reports that and Lodge, absent and excused. Enrolled S 1017 was delivered to the Office of the Governor at 11:55 a.m., February 7, 2019. Prayer was offered by Chaplain Montie Ralstin. LAKEY, Chairman The Pledge of Allegiance was led by Joseph Price, Page. The report was ordered filed in the office of the Secretary of The Senate advanced to the Third Order of Business. the Senate. Reading and Correction of the Journal February 7, 2019 The JUDICIARY AND RULES Committee reports that the Senate Journal of the proceedings of February 7, 2019, was read The COMMERCE AND HUMAN RESOURCES and approved as corrected. Committee reports out S 1008, S 1026, and S 1028 with the recommendation that they do pass. LAKEY, Chairman PATRICK, Chairman There being no objection, the report was adopted and ordered filed in the office of the Secretary of the Senate. S 1008, S 1026, and S 1028 were filed for second reading. The Senate advanced to the Fourth Order of Business. February 7, 2019 Reading of Communications The LOCAL GOVERNMENT AND TAXATION Committee reports out S 1047 and H 62 with the recommendation February 7, 2019 that they do pass. Senator Brent Hill, President Pro Tempore RICE, Chairman Idaho State Senate PO Box 83720 S 1047 and H 62 were filed for second reading. Boise, ID 83720-0081 February 8, 2019 Dear Senator Hill: The JUDICIARY AND RULES Committee reports it has On behalf of the Board of Commissioners of the Idaho State had under consideration the Gubernatorial appointments listed Bar, I am pleased to inform you that the Commission voted to below and the Committee recommends that said appointments be reappoint Hon. Jeff Brudie of Lewiston to the Judicial Council confirmed by the Senate: to serve a six-year term, commencing July 1, 2019, and expiring June 30, 2025. Melinda Smyser as the Administrator of the Office of Drug Policy, term to continue at the pleasure of the Governor. Pursuant to Idaho Code Section 1-2101, the replacement requires the consent of the Idaho Senate. Monty Prow as the Director of the Department of Juvenile Corrections, term to continue at the pleasure of the Governor. If you have any questions, or need additional information, please let me know. LAKEY, Chairman Sincerely, The Gubernatorial appointments were referred to the Tenth /s/ Diane K. Minnich Order of Business, Motions and Resolutions, and ordered held at the Secretary's desk for one legislative day. The correspondence was ordered filed in the office of the Secretary of the Senate. Senator Lakey was recorded present at this order of business. The Idaho Judicial Council appointment was referred to the On request by Senator Anthon, granted by unanimous Judiciary and Rules Committee. consent, the Senate advanced to the Eighth Order of Business. [February 8, 2019 SENATE JOURNAL 79

Messages from the Governor appointment confirmation for her signature, attested to by the Secretary, to be transmitted to the Governor informing him of February 7, 2019 the action of the Senate. The Honorable Janice McGeachin On request by Senator Anthon, granted by unanimous President of the Senate consent, the committee report of the Gubernatorial Idaho Legislature re-appointment confirmation of Colonel Kedrick Wills retained Dear Madam President: its place on the calendar for Monday, February 11, 2019. I have the honor to inform you that I have signed today and The President announced that the Judiciary and Rules am transmitting to the Secretary of State the following Senate Committee report relative to the Gubernatorial re-appointment Bill, to wit: of Jeffrey A. Betts was before the Senate for final consideration, the question being, "Shall the report be adopted?" S 1017 Sincerely, On motion by Senator Thayn, seconded by /s/ Brad Little Senator Ward-Engelking, the Gubernatorial re-appointment Governor of Idaho of Jeffrey A. Betts as a member of the Sexual Offender Management Board was confirmed by voice vote. The correspondence was ordered filed in the office of the Secretary of the Senate. The President declared the report adopted and directed the Secretary of the Senate to prepare a letter of the Gubernatorial The Senate advanced to the Ninth Order of Business. re-appointment confirmation for her signature, attested to by the Secretary, to be transmitted to the Governor informing him of the Messages from the House action of the Senate. February 7, 2019 On request by Senator Anthon, granted by unanimous Dear Madam President: consent, the Senate advanced to the Eleventh Order of Business. I transmit herewith Enrolled H 16, H 17, and H 1 for the Introduction, First Reading, and Reference of Bills, signature of the President. House Petitions, Resolutions, and Memorials MAULIN, Chief Clerk S 1063 The President signed Enrolled H 16, H 17, and H 1 and BY TRANSPORTATION COMMITTEE ordered them returned to the House. AN ACT RELATING TO PROVIDING MONEYS FOR HIGHWAY February 7, 2019 CONSTRUCTION AND MAINTENANCE; AMENDING Dear Madam President: SECTION 40-719, IDAHO CODE, TO EXTEND AN EFFECTIVE DATE; AMENDING SECTION 13, CHAPTER I return herewith Enrolled S 1025, which has been signed by 322, LAWS OF 2017, TO EXTEND A SUNSET DATE; the Speaker. PROVIDING SEVERABILITY; AND DECLARING AN EMERGENCY. MAULIN, Chief Clerk Enrolled S 1025 was referred to the Judiciary and Rules S 1064 Committee for transmittal to the Office of the Governor. BY TRANSPORTATION COMMITTEE AN ACT The Senate advanced to the Tenth Order of Business. RELATING TO MOTOR VEHICLES; REPEALING SECTION Motions and Resolutions 49-1401A, IDAHO CODE, RELATING TO TEXTING WHILE DRIVING; AND AMENDING CHAPTER 14, TITLE The President announced that SCR 101 was before the 49, IDAHO CODE, BY THE ADDITION OF A NEW Senate for final consideration, the question being, "Shall the SECTION 49-1401A, IDAHO CODE, TO DEFINE TERMS, resolution be adopted?" TO PROHIBIT PERSONS FROM OPERATING A MOTOR VEHICLE WHILE USING A MOBILE ELECTRONIC On motion by Senator Cheatham, seconded by DEVICE, TO PROVIDE EXCEPTIONS, TO PROHIBIT Senator Stennett, SCR 101 was adopted by voice vote, title was PERSONS FROM OPERATING A MOTOR VEHICLE WHILE approved, and the resolution ordered transmitted to the House. WEARING EARPHONES, TO PROVIDE PENALTIES, AND Senator Lodge was recorded present at this order of business. TO PROVIDE THAT THE STATE PREEMPTS THE FIELD OF REGULATING THE USE OF PERSONAL ELECTRONIC The President announced that the Judiciary and Rules DEVICES IN MOTOR VEHICLES WHILE DRIVING. Committee report relative to the Gubernatorial appointment of Ashley Dowell was before the Senate for final consideration, the S 1065 question being, "Shall the report be adopted?" BY TRANSPORTATION COMMITTEE On motion by Senator Burgoyne, seconded by Senator Lee, AN ACT the Gubernatorial appointment of Ashley Dowell as the Executive RELATING TO TRANSPORTATION; AMENDING SECTION Director of the Commission on Pardons and Parole was confirmed 40-720, IDAHO CODE, TO PROVIDE FOR THE ISSUANCE by voice vote. OF CERTAIN BONDS; AMENDING CHAPTER 7, TITLE 40, IDAHO CODE, BY THE ADDITION OF A NEW The President declared the report adopted and directed the SECTION 40-721, IDAHO CODE, TO ESTABLISH THE Secretary of the Senate to prepare a letter of the Gubernatorial TRANSPORTATION EXPANSION AND CONGESTION 80 SENATE JOURNAL February 8, 2019]

MITIGATION PROGRAM CAPITAL PROJECT FUND AND IDAHO CODE, TO REVISE PROVISIONS REGARDING THE TRANSPORTATION EXPANSION AND CONGESTION CONTRACTS WITH PROVIDERS OF DENTAL SERVICES. MITIGATION PROGRAM DEBT SERVICE FUND; AMENDING SECTION 63-3638, IDAHO CODE, TO REVISE S 1070 PROVISIONS REGARDING DISTRIBUTION OF SALES BY COMMERCE AND HUMAN RESOURCES TAX AND TO MAKE TECHNICAL CORRECTIONS; AND COMMITTEE AMENDING SECTION 67-6210, IDAHO CODE, TO REVISE AN ACT PROVISIONS REGARDING THE POWER OF THE IDAHO RELATING TO THE PUBLIC EMPLOYEE RETIREMENT HOUSING AND FINANCE ASSOCIATION TO ISSUE SYSTEM; AMENDING SECTION 59-1302, IDAHO CODE, BONDS. TO REVISE A DEFINITION AND TO MAKE TECHNICAL CORRECTIONS; AMENDING SECTION 59-1353, IDAHO S 1066 CODE, TO PROVIDE THAT WAGES EARNED WHILE BY TRANSPORTATION COMMITTEE RECEIVING DISABILITY RETIREMENT BENEFITS SHALL AN ACT BE DEDUCTED FROM A MEMBER'S BENEFIT AND TO RELATING TO MOTOR VEHICLES; AMENDING SECTION MAKE TECHNICAL CORRECTIONS; AND AMENDING 49-432, IDAHO CODE, TO PROVIDE A CORRECT CODE SECTION 59-1354A, IDAHO CODE, TO PROVIDE THAT A REFERENCE; AMENDING SECTION 49-434, IDAHO MEMBER RECEIVING A DISABILITY RETIREMENT MAY CODE, TO PROVIDE FOR CERTAIN REGISTRATION RETURN TO WORK UNDER CERTAIN CONDITIONS. AND MILEAGE USE FEES; AMENDING CHAPTER 4, TITLE 49, IDAHO CODE, BY THE ADDITION OF A NEW S 1071 SECTION 49-436, IDAHO CODE, TO SPECIFY CERTAIN BY COMMERCE AND HUMAN RESOURCES REQUIREMENTS REGARDING QUARTERLY REPORTS COMMITTEE AND RECORDKEEPING AND TO PROVIDE PENALTIES; AN ACT AMENDING SECTION 49-439, IDAHO CODE, TO PROVIDE RELATING TO FEES AND EXPENSES; AMENDING A CORRECT CODE REFERENCE; AND PROVIDING AN SECTION 12-117, IDAHO CODE, TO REVISE THE EFFECTIVE DATE. DEFINITION OF "LICENSING AUTHORITY" AND TO MAKE TECHNICAL CORRECTIONS. S 1067 BY TRANSPORTATION COMMITTEE S 1072 AN ACT BY COMMERCE AND HUMAN RESOURCES RELATING TO MOTOR VEHICLES; AMENDING SECTION COMMITTEE 49-432, IDAHO CODE, TO PROVIDE A CORRECT CODE AN ACT REFERENCE; AMENDING SECTION 49-434, IDAHO RELATING TO THE IDAHO ADMINISTRATIVE CODE, TO PROVIDE FOR CERTAIN REGISTRATION PROCEDURE ACT; AMENDING SECTION 67-5205, IDAHO AND MILEAGE USE FEES; AMENDING CHAPTER 4, CODE, TO REVISE PROVISIONS REGARDING FEES TITLE 49, IDAHO CODE, BY THE ADDITION OF A NEW ASSOCIATED WITH PUBLISHING CERTAIN RULES AND SECTION 49-436, IDAHO CODE, TO SPECIFY CERTAIN TO MAKE TECHNICAL CORRECTIONS. REQUIREMENTS REGARDING QUARTERLY REPORTS AND RECORDKEEPING, AND TO PROVIDE PENALTIES; S 1073 AMENDING SECTION 49-439, IDAHO CODE, TO PROVIDE BY COMMERCE AND HUMAN RESOURCES A CORRECT CODE REFERENCE; AND PROVIDING AN COMMITTEE EFFECTIVE DATE. AN ACT RELATING TO UNDERGROUND FACILITIES DAMAGE S 1068 PREVENTION; AMENDING SECTION 55-2202, IDAHO BY COMMERCE AND HUMAN RESOURCES CODE, TO DEFINE TERMS AND TO REVISE DEFINITIONS; COMMITTEE AMENDING SECTION 55-2205, IDAHO CODE, TO AN ACT PROVIDE FOR WHO SHALL AND SHALL NOT LOCATE RELATING TO INSURANCE; AMENDING TITLE 41, AND MARK SERVICE LATERALS, TO PROVIDE THAT IDAHO CODE, BY THE ADDITION OF A NEW CHAPTER PUBLIC AGENCIES SHALL NOT INCUR CERTAIN 65, TITLE 41, IDAHO CODE, TO DEFINE TERMS, OBLIGATIONS OR LIABILITY, TO PROVIDE A CORRECT TO PROVIDE FOR CERTAIN REQUIREMENTS FOR CODE REFERENCE, AND TO MAKE A TECHNICAL PHARMACY BENEFIT MANAGERS, TO PROHIBIT CORRECTION; AND AMENDING SECTION 55-2206, CERTAIN ACTIONS, TO PROVIDE APPLICABILITY, AND IDAHO CODE, TO REVISE TERMINOLOGY. TO PROVIDE RULEMAKING AUTHORITY; AMENDING SECTION 41-348, IDAHO CODE, TO REVISE PROVISIONS S 1074 REGARDING PROHIBITED ACTS AND TO DEFINE BY HEALTH AND WELFARE COMMITTEE TERMS; AND PROVIDING SEVERABILITY. AN ACT RELATING TO COUNTY JAILS; AMENDING SECTION S 1069 20-612, IDAHO CODE, TO REVISE PROVISIONS BY COMMERCE AND HUMAN RESOURCES REGARDING RECEPTION AND BOARD OF PRISONERS. COMMITTEE AN ACT S 1075 RELATING TO INSURANCE; AMENDING SECTION BY HEALTH AND WELFARE COMMITTEE 41-1849, IDAHO CODE, TO REVISE PROVISIONS AN ACT REGARDING CONTRACTS WITH PROVIDERS OF RELATING TO INDIVIDUALS WITH DISABILITIES; DENTAL SERVICES; AND AMENDING SECTION 41-3444, AMENDING SECTION 18-5811, IDAHO CODE, TO [February 8, 2019 SENATE JOURNAL 81

REVISE TERMINOLOGY AND TO MAKE TECHNICAL CORRECTIONS; AMENDING SECTION 18-5811A, IDAHO CODE, TO REVISE TERMINOLOGY; AMENDING SECTION 18-5812, IDAHO CODE, TO REVISE TERMINOLOGY AND TO MAKE TECHNICAL CORRECTIONS; AMENDING SECTION 18-5812A, IDAHO CODE, TO REVISE TERMINOLOGY AND TO MAKE TECHNICAL CORRECTIONS; AMENDING SECTION 18-5812B, IDAHO CODE, TO REVISE PROVISIONS REGARDING SERVICE DOGS-IN-TRAINING; AMENDING SECTION 49-109, IDAHO CODE, TO REVISE DEFINITIONS; AMENDING SECTION 49-706, IDAHO CODE, TO REVISE TERMINOLOGY; AMENDING THE HEADING FOR CHAPTER 7, TITLE 56, IDAHO CODE; AMENDING SECTION 56-701, IDAHO CODE, TO REVISE TERMINOLOGY; AMENDING SECTION 56-701A, IDAHO CODE, TO REVISE DEFINITIONS; AMENDING SECTION 56-702, IDAHO CODE, TO REVISE PROVISIONS REGARDING FREE USE OF PLACES OF PUBLIC ACCOMMODATIONS BY INDIVIDUALS WITH DISABILITIES; AMENDING SECTION 56-703, IDAHO CODE, TO REVISE TERMINOLOGY AND TO MAKE TECHNICAL CORRECTIONS; AMENDING SECTION 56-704, IDAHO CODE, TO REVISE TERMINOLOGY AND TO MAKE A TECHNICAL CORRECTION; AMENDING CHAPTER 7, TITLE 56, IDAHO CODE, BY THE ADDITION OF A NEW SECTION 56-704A, IDAHO CODE, TO ESTABLISH PROVISIONS REGARDING RIGHTS OF INDIVIDUALS WITH SERVICE DOGS; AMENDING SECTION 56-704A, IDAHO CODE, TO REDESIGNATE THE SECTION AND TO REVISE PROVISIONS REGARDING RIGHTS OF INDIVIDUALS WITH DOGS-IN-TRAINING; AMENDING SECTION 56-705, IDAHO CODE, TO REVISE TERMINOLOGY; AMENDING SECTION 56-706, IDAHO CODE, TO REVISE TERMINOLOGY AND TO MAKE A TECHNICAL CORRECTION; AND AMENDING SECTION 56-707, IDAHO CODE, TO REVISE TERMINOLOGY AND TO MAKE A TECHNICAL CORRECTION. S 1063, S 1064, S 1065, S 1066, S 1067, S 1068, S 1069, S 1070, S 1071, S 1072, S 1073, S 1074, and S 1075 were introduced, read the first time at length, and referred to the Judiciary and Rules Committee for printing. The Senate advanced to the Twelfth Order of Business. Second Reading of Bills S 1042, by Judiciary and Rules Committee, was read the second time at length and filed for third reading. H 9, by Health and Welfare Committee, was read the second time at length and filed for third reading. H 38, by Agricultural Affairs Committee, was read the second time at length and filed for third reading. On request by Senator Anthon, granted by unanimous consent, the Senate advanced to the Fifteenth Order of Business. Miscellaneous Business On motion by Senator Anthon, seconded by Senator Stennett, by voice vote, the Senate adjourned at 11:31 a.m. until the hour of 11 a.m., Monday, February 11, 2019. JANICE MCGEACHIN, President Attest: JENNIFER NOVAK, Secretary 82 SENATE JOURNAL February 11, 2019]

SENATE JOURNAL February 8, 2019 OF THE The JUDICIARY AND RULES Committee reports that Enrolled S 1025 was delivered to the Office of the Governor at IDAHO LEGISLATURE 2:55 p.m., February 8, 2019. LAKEY, Chairman FIRST REGULAR SESSION SIXTY-FIFTH LEGISLATURE The report was ordered filed in the office of the Secretary of the Senate. February 8, 2019 The STATE AFFAIRS Committee reports out S 1049 and THIRTY-SIXTH LEGISLATIVE DAY SJR 101 with the recommendation that they do pass. MONDAY, FEBRUARY 11, 2019 LODGE, Chairman

Senate Chamber S 1049 and SJR 101 were filed for second reading. President McGeachin called the Senate to order at 11 a.m. On request by Senator Winder, granted by unanimous consent, the Senate advanced to the Eighth Order of Business. Roll call showed all members present except Senators Buckner-Webb and Burgoyne, absent and formally excused by Messages from the Governor the Chair. February 7, 2019 Prayer was offered by Chaplain Montie Ralstin. The Honorable Janice McGeachin The Pledge of Allegiance was led by Sebastian Griffin, Page. President of the Senate Idaho Legislature The Senate advanced to the Third Order of Business. Dear Madam President: Reading and Correction of the Journal I have the honor to inform you that Dean Cameron The JUDICIARY AND RULES Committee reports that the of Meridian, Idaho, was reappointed as the Director of the Senate Journal of the proceedings of February 8, 2019, was read Department of Insurance to serve a term commencing January and approved as corrected. 7, 2019, and continuing at the pleasure of the Governor. LAKEY, 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. Sincerely, /s/ Brad Little On request by Senator Winder, granted by unanimous Governor consent, the Senate advanced to the Sixth Order of Business. The correspondence was ordered filed in the office of the Reports of Standing Committees Secretary of the Senate. February 11, 2019 The Gubernatorial appointment was referred to the The JUDICIARY AND RULES Committee reports that Commerce and Human Resources Committee. S 1063, S 1064, S 1065, S 1066, S 1067, S 1068, S 1069, S 1070, The Senate advanced to the Ninth Order of Business. S 1071, S 1072, S 1073, S 1074, and S 1075 have been correctly printed. Messages from the House February 8, 2019 LAKEY, Chairman Dear Madam President: S 1063, S 1064, S 1065, S 1066, and S 1067 were referred to the Transportation Committee. I transmit herewith HCR 6, which has passed the House. S 1068, S 1069, and S 1070 were referred to the Commerce MAULIN, Chief Clerk and Human Resources Committee. HCR 6 was filed for first reading. S 1071 and S 1072 were referred to the Judiciary and Rules Committee. February 8, 2019 S 1073 was referred to the Commerce and Human Resources Dear Madam President: Committee. I return herewith S 1031 and S 1032, which have passed the S 1074 was referred to the Judiciary and Rules Committee. House. S 1075 was referred to the Health and Welfare Committee. MAULIN, Chief Clerk [February 11, 2019 SENATE JOURNAL 83

S 1031 and S 1032 were referred to the Judiciary and Rules as the Director of the Department of Juvenile Corrections was Committee for enrolling. confirmed by voice vote. February 8, 2019 The President declared the report adopted and directed the Secretary of the Senate to prepare a letter of the Gubernatorial Dear Madam President: appointment confirmation for her signature, attested to by the I transmit herewith Enrolled H 56 and H 57 for the signature Secretary, to be transmitted to the Governor informing him of of the President. the action of the Senate. MAULIN, Chief Clerk The Senate advanced to the Eleventh Order of Business. The President signed Enrolled H 56 and H 57 and ordered Introduction, First Reading, and Reference of Bills, them returned to the House. House Petitions, Resolutions, and Memorials The Senate advanced to the Tenth Order of Business. S 1076 BY STATE AFFAIRS COMMITTEE Motions and Resolutions AN ACT The President announced that the Judiciary and Rules RELATING TO LIQUOR STORES; AMENDING SECTION Committee report relative to the Gubernatorial re-appointment 23-313, IDAHO CODE, TO REVISE A PROVISION of Colonel Kedrick Wills was before the Senate for final REGARDING LIQUOR CONSUMED ON CERTAIN consideration, the question being, "Shall the report be adopted?" PREMISES; AND AMENDING CHAPTER 3, TITLE 23, IDAHO CODE, BY THE ADDITION OF A NEW On motion by Senator Lodge, seconded by Senator Nye, the SECTION 23-314, IDAHO CODE, TO DEFINE TERMS, TO Gubernatorial re-appointment of Colonel Kedrick Wills as the AUTHORIZE SAMPLE TASTINGS OF LIQUOR IN CERTAIN Director of the Idaho State Police was confirmed by voice vote. INSTANCES, TO PROVIDE CERTAIN REQUIREMENTS The President declared the report adopted and directed the FOR SAMPLE TASTINGS, AND TO PROVIDE THAT A Secretary of the Senate to prepare a letter of the Gubernatorial RETAIL STORE SHALL NOT INCUR LIABILITY. re-appointment confirmation for her signature, attested to by the S 1076 was introduced, read the first time at length, and Secretary, to be transmitted to the Governor informing him of the referred to the Judiciary and Rules Committee for printing. action of the Senate. HCR 6, by Education Committee, was introduced, read at The President announced that the Judiciary and Rules length, and referred to the Education Committee. Committee report relative to the Gubernatorial re-appointment of Mike H. Matthews was before the Senate for final consideration, The Senate advanced to the Twelfth Order of Business. the question being, "Shall the report be adopted?" Second Reading of Bills On motion by Senator Anthon, seconded by Senator Nelson, the Gubernatorial re-appointment of Mike H. Matthews as S 1008, S 1026, S 1028, and S 1047, by Commerce and a member of the Commission on Pardons and Parole was Human Resources Committee, were read the second time at confirmed by voice vote. length and filed for third reading. The President declared the report adopted and directed the H 62, by Revenue and Taxation Committee, was read the Secretary of the Senate to prepare a letter of the Gubernatorial second time at length and filed for third reading. re-appointment confirmation for her signature, attested to by the The Senate advanced to the Thirteenth Order of Business. Secretary, to be transmitted to the Governor informing him of the action of the Senate. Third Reading of Bills The President announced that the Judiciary and Rules S 1033 was read the third time at length, section by section, Committee report relative to the Gubernatorial appointment of and placed before the Senate for final consideration. Senator Melinda Smyser was before the Senate for final consideration, Heider arose as sponsor of the bill and opened the debate. The the question being, "Shall the report be adopted?" question being, "Shall the bill pass?" On motion by Senator Lodge, seconded by Roll call resulted as follows: Senator Ward-Engelking, the Gubernatorial appointment of Melinda Smyser as the Administrator of the Office of Drug AYES–Agenbroad, Anthon, Bair, Bayer, Brackett, Policy was confirmed by voice vote. Burtenshaw, Cheatham, Crabtree, Den Hartog, Grow, Guthrie, Harris, Heider, Hill, Johnson, Jordan, Lakey, Lee, Lent, Lodge, The President declared the report adopted and directed the Martin, Mortimer, Nelson, Nye, Patrick, Rice, Souza, Stennett, Secretary of the Senate to prepare a letter of the Gubernatorial Thayn, Vick, Ward-Engelking, Winder, Woodward. Total - 33. appointment confirmation for her signature, attested to by the Secretary, to be transmitted to the Governor informing him of NAYS–None. the action of the Senate. Absent and excused–Buckner-Webb, Burgoyne. Total - 2. The President announced that the Judiciary and Rules Total - 35. Committee report relative to the Gubernatorial appointment of Monty Prow was before the Senate for final consideration, the Whereupon the President declared S 1033 passed, title was question being, "Shall the report be adopted?" approved, and the bill ordered transmitted to the House. On motion by Senator Cheatham, seconded by H 66 was read the third time at length, section by section, Senator Jordan, the Gubernatorial appointment of Monty Prow and placed before the Senate for final consideration. Senator 84 SENATE JOURNAL February 11, 2019]

Burtenshaw arose as sponsor of the bill and opened the debate. Martin, Mortimer, Nelson, Nye, Patrick, Rice, Souza, Stennett, The question being, "Shall the bill pass?" Thayn, Vick, Ward-Engelking, Winder, Woodward. Total - 33. Roll call resulted as follows: NAYS–None. AYES–Agenbroad, Anthon, Bair, Bayer, Brackett, Absent and excused–Buckner-Webb, Burgoyne. Total - 2. Burtenshaw, Cheatham, Crabtree, Den Hartog, Grow, Guthrie, Harris, Heider, Hill, Johnson, Jordan, Lakey, Lee, Lent, Lodge, Total - 35. Martin, Mortimer, Nelson, Nye, Patrick, Rice, Souza, Stennett, Whereupon the President declared H 10 passed, title was Thayn, Vick, Ward-Engelking, Winder, Woodward. Total - 33. approved, and the bill ordered returned to the House. NAYS–None. H 11 was read the third time at length, section by section, and Absent and excused–Buckner-Webb, Burgoyne. Total - 2. placed before the Senate for final consideration. Senator Harris arose as sponsor of the bill and opened the debate. The question Total - 35. being, "Shall the bill pass?" Whereupon the President declared H 66 passed, title was Roll call resulted as follows: approved, and the bill ordered returned to the House. AYES–Agenbroad, Anthon, Bair, Bayer, Brackett, S 1046 was read the third time at length, section by section, Burtenshaw, Cheatham, Crabtree, Den Hartog, Grow, Guthrie, and placed before the Senate for final consideration. Senator Harris, Heider, Hill, Johnson, Jordan, Lakey, Lee, Lent, Lodge, Harris arose as sponsor of the bill and opened the debate. The Martin, Mortimer, Nelson, Nye, Patrick, Rice, Souza, Stennett, question being, "Shall the bill pass?" Thayn, Vick, Ward-Engelking, Winder, Woodward. Total - 33. Roll call resulted as follows: NAYS–None. AYES–Agenbroad, Anthon, Bair, Bayer, Brackett, Absent and excused–Buckner-Webb, Burgoyne. Total - 2. Burtenshaw, Cheatham, Crabtree, Den Hartog, Grow, Guthrie, Harris, Heider, Hill, Johnson, Jordan, Lakey, Lee, Lent, Lodge, Total - 35. Martin, Mortimer, Nelson, Nye, Patrick, Rice, Souza, Stennett, Whereupon the President declared H 11 passed, title was Thayn, Vick, Ward-Engelking, Winder, Woodward. Total - 33. approved, and the bill ordered returned to the House. NAYS–None. H 12 was read the third time at length, section by section, and Absent and excused–Buckner-Webb, Burgoyne. Total - 2. placed before the Senate for final consideration. Senator Nelson arose as sponsor of the bill and opened the debate. The question Total - 35. being, "Shall the bill pass?" Whereupon the President declared S 1046 passed, title was Roll call resulted as follows: approved, and the bill ordered transmitted to the House. AYES–Agenbroad, Anthon, Bair, Bayer, Brackett, H 25 was read the third time at length, section by section, Burtenshaw, Cheatham, Crabtree, Den Hartog, Grow, Guthrie, and placed before the Senate for final consideration. Senator Rice Harris, Heider, Hill, Johnson, Jordan, Lakey, Lee, Lent, Lodge, arose as sponsor of the bill and opened the debate. The question Martin, Mortimer, Nelson, Nye, Patrick, Rice, Souza, Stennett, being, "Shall the bill pass?" Thayn, Vick, Ward-Engelking, Winder, Woodward. Total - 33. Roll call resulted as follows: NAYS–None. AYES–Agenbroad, Anthon, Bair, Bayer, Brackett, Absent and excused–Buckner-Webb, Burgoyne. Total - 2. Burtenshaw, Cheatham, Crabtree, Den Hartog, Grow, Guthrie, Harris, Heider, Hill, Johnson, Jordan, Lakey, Lee, Lent, Lodge, Total - 35. Martin, Mortimer, Nelson, Nye, Patrick, Rice, Souza, Stennett, Thayn, Vick, Ward-Engelking, Winder, Woodward. Total - 33. Whereupon the President declared H 12 passed, title was approved, and the bill ordered returned to the House. NAYS–None. H 72 was read the third time at length, section by section, and Absent and excused–Buckner-Webb, Burgoyne. Total - 2. placed before the Senate for final consideration. Senator Harris arose as sponsor of the bill and opened the debate. The question Total - 35. being, "Shall the bill pass?" Whereupon the President declared H 25 passed, title was Roll call resulted as follows: approved, and the bill ordered returned to the House. AYES–Agenbroad, Anthon, Bair, Bayer, Brackett, H 10 was read the third time at length, section by section, Burtenshaw, Cheatham, Crabtree, Den Hartog, Grow, Guthrie, and placed before the Senate for final consideration. Senator Harris, Heider, Hill, Johnson, Jordan, Lakey, Lee, Lent, Lodge, Burtenshaw arose as sponsor of the bill and opened the debate. Martin, Mortimer, Nelson, Nye, Patrick, Rice, Souza, Stennett, The question being, "Shall the bill pass?" Thayn, Vick, Ward-Engelking, Winder, Woodward. Total - 33. Roll call resulted as follows: NAYS–None. AYES–Agenbroad, Anthon, Bair, Bayer, Brackett, Absent and excused–Buckner-Webb, Burgoyne. Total - 2. Burtenshaw, Cheatham, Crabtree, Den Hartog, Grow, Guthrie, Harris, Heider, Hill, Johnson, Jordan, Lakey, Lee, Lent, Lodge, Total - 35. [February 11, 2019 SENATE JOURNAL 85

Whereupon the President declared H 72 passed, title was sciences, as well as appropriate athletic facilities for all students; approved, and the bill ordered returned to the House. and WHEREAS, the Legislature recognizes the significant S 1042 was read the third time at length, section by section, immediate economic stimulus that would be provided by and placed before the Senate for final consideration. Senator proceeding with these projects; and Lodge arose as sponsor of the bill and opened the debate. The WHEREAS, such projects will be of public use and provide question being, "Shall the bill pass?" a benefit to the public at large; and Roll call resulted as follows: WHEREAS, the college has demonstrated sufficient funding to cover the costs associated with bonding for a new facility; AYES–Agenbroad, Anthon, Bair, Bayer, Brackett, however, the college does not have sufficient funding to cover Burtenshaw, Cheatham, Crabtree, Den Hartog, Grow, Guthrie, the estimated design and construction costs of up to $25,000,000 Harris, Heider, Hill, Johnson, Jordan, Lakey, Lee, Lent, Lodge, associated with this project up front; and Martin, Mortimer, Nelson, Nye, Patrick, Rice, Souza, Stennett, WHEREAS, it is in the best interest of the state and North Thayn, Vick, Ward-Engelking, Winder, Woodward. Total - 33. Idaho College for this authorization to be provided for the development of new and expanded facilities for use by North NAYS–None. Idaho College. Absent and excused–Buckner-Webb, Burgoyne. Total - 2. NOW, THEREFORE, BE IT RESOLVED by the members of the First Regular Session of the Sixty-fifth Idaho Legislature, Total - 35. the Senate and the House of Representatives concurring therein, that the Legislature hereby authorizes and provides approval for Whereupon the President declared S 1042 passed, title was North Idaho College to enter into an agreement with the Idaho approved, and the bill ordered transmitted to the House. State Building Authority, under such terms and conditions as may On request by Senator Winder, granted by unanimous be reasonable and necessary, to use the authority and power of consent, the Senate returned to the Fourth Order of Business. the Idaho State Building Authority to assist North Idaho College with the development of an expansion to the Meyer Health and Reading of Communications Science Building and an athletic complex to be located in Coeur d'Alene, Idaho. The Senate advanced to the Fifth Order of Business. BE IT FURTHER RESOLVED that this resolution Petitions, Resolutions, and Memorials constitutes authorization to enter into an agreement for purposes of Section 67-6410, Idaho Code. On motion by Senator Winder, seconded by Senator Jordan, by voice vote the Senate recessed at 12:06 p.m. until the hour of SJM 101 4:30 p.m. of this day. BY RESOURCES AND ENVIRONMENT COMMITTEE A JOINT MEMORIAL RECESS TO THE PRESIDENT OF THE UNITED STATES, THE AFTERNOON SESSION PRESIDENT OF THE SENATE AND THE SPEAKER OF THE The Senate reconvened at 4:30 p.m., pursuant to recess, HOUSE OF REPRESENTATIVES OF CONGRESS, TO THE President McGeachin presiding. CONGRESSIONAL DELEGATION REPRESENTING THE STATE OF IDAHO IN THE CONGRESS OF THE UNITED Roll call showed all members present except Senator Lee, STATES, TO THE SECRETARY OF AGRICULTURE, AND absent and formally excused by the Chair; and Senators Heider TO THE SECRETARY OF THE INTERIOR. and Thayn, absent and excused. We, your Memorialists, the Senate and the House of Representatives of the State of Idaho assembled in the First Prior to recess the Senate was at the Fifth Order of Business, Regular Session of the Sixty-fifth Idaho Legislature, do hereby Petitions, Resolutions, and Memorials. respectfully represent that: WHEREAS, approximately 63% of land in the State of SCR 102 Idaho is public land controlled by the United States, primarily by BY STATE AFFAIRS COMMITTEE the Bureau of Land Management and the Forest Service, which A CONCURRENT RESOLUTION makes the right to cross federal land for delivery of water rights STATING FINDINGS OF THE LEGISLATURE AND to Idaho water users extremely important; and PROVIDING APPROVAL FOR NORTH IDAHO COLLEGE WHEREAS, the law of the United States, since the 1866 TO ENTER INTO AN AGREEMENT WITH THE IDAHO Mining Act, has recognized that a water user in the arid West has STATE BUILDING AUTHORITY TO ASSIST WITH the right to divert water from the rivers and streams across federal DEVELOPMENT OF SPECIFIED FACILITIES. land for use on private property for, among other purposes, mining and agriculture. When the water user has a water right Be It Resolved by the Legislature of the State of Idaho: appropriated under state law, the law provides that a water user WHEREAS, the First Regular Session of the Fifty-seventh needs no approval from the federal government for the diversion Idaho Legislature passed House Concurrent Resolution 30, and beneficial use of the water on the user's private property; and authorizing eight state bodies and community college districts, WHEREAS, the United States Congress passed the Federal including North Idaho College located in Coeur d'Alene, to Land Policy and Management Act (FLPMA), as amended, in enter into agreements with the Idaho State Building Authority to 1976, which explicitly recognizes and protects easements and develop or renovate specified facilities located throughout Idaho; rights existing on federal lands and recognizes under previous and laws, such as the 1866 Mining Act, to deliver water appropriated WHEREAS, North Idaho College wishes to help the north under state law across federal land to private property; and Idaho communities it serves and ensure modern and appropriate WHEREAS, Congress passed an amendment to FLPMA in facilities exist for students pursuing careers in health and natural 1986 known as the Colorado Ditch Bill Act, which explicitly 86 SENATE JOURNAL February 11, 2019] directs the Secretary of Agriculture to issue a permanent to take such action as necessary to require the Secretary of easement for a water system involving reservoirs, canals, ditches, the Interior and the Secretary of Agriculture to recognize valid flumes, laterals, pipes, pipelines, tunnels, and other facilities easements existing pursuant to the 1866 Mining Act on lands and systems, for the impoundment, storage, transportation, and under their respective administrations without requiring citizens distribution of water traversing federal lands within the National of the United States to sue the government in order to enjoy the Forest System when: (1) the water system is used for agricultural benefits of such validly existing easement rights. irrigation or livestock purposes; (2) the system that existed in BE IT FURTHER RESOLVED that the President and 1976 has remained in operation; (3) any enlargement of the Congress take such action as necessary to require the Secretary system after 1976 requires separate authorization; (4) the user of Agriculture to recognize valid easements existing prior to has a valid state water right; and (5) the use involves some FLPMA on lands within the National Forest System without private land. The water users were to supply the Forest Service requiring citizens of the United States to sue the government in with evidence of the location of easements; and order to enjoy the benefits of such validly existing rights. WHEREAS, the state of Idaho has had a comprehensive BE IT FURTHER RESOLVED that in recognition that the method for recognizing the appropriation of waters of the Secretary of Agriculture has not acted on applications submitted state for beneficial use under the priority doctrine since before more than 20 years ago, the President and Congress are urged statehood; and to take such action as necessary to extend the deadline for filing WHEREAS, the State of Idaho recognized in 1984 the need applications under FLPMA for an additional two years. to adjudicate the water rights of this state and the Legislature BE IT FURTHER RESOLVED that the President and directed the Department of Water Resources to initiate the Snake Congress are urged to take such action as necessary to require River Basin Adjudication (SRBA), as provided by Idaho law, to the Secretary of Agriculture to refrain from interfering with the facilitate the effective management of the waters of the Snake use of any decreed water right by attempting under any federal River Basin and to engage in a comprehensive adjudication of law to attach conditions on any 1866 Mining Act or FLPMA all surface and ground water use in the basin; and easements crossing federal lands, especially in a manner that WHEREAS, the United States was a party to the SRBA, is restricts or conditions in any way the use of water on private bound by the decrees of the SRBA court, and must recognize the land as authorized by state law. water rights of the Idaho water users as decreed by the SRBA BE IT FURTHER RESOLVED that the Secretary of the court; and Senate be, and she is hereby authorized and directed to forward WHEREAS, the SRBA issued more than 167,000 water a copy of this Memorial to the President of the United States, rights and issued its final unified decree in 2014, in which the the President of the Senate and the Speaker of the House of SRBA court decreed water rights with priority rights dating Representatives of Congress, to the congressional delegation back, in some instances, to the 1860s; and representing the State of Idaho in the Congress of the United WHEREAS, Congress further directed that applications States, to the Secretary of Agriculture, and to the Secretary of under the Colorado Ditch Bill Act by easement holders be the Interior. submitted by the end of 1996 to assist the Secretary of Agriculture in issuing permanent easements; and SCR 102 and SJM 101 were introduced, read at length, and WHEREAS, the Secretary of Agriculture has not issued or referred to the Judiciary and Rules Committee for printing. recognized many of these permanent easements, even though the water rights have been decreed by the SRBA court and the The Senate advanced to the Sixth Order of Business. applications have been submitted as required by Congress more Reports of Standing Committees than 20 years ago; and WHEREAS, certain interest groups are arguing that the February 11, 2019 secretary must take actions harmful to the pre-FLPMA easement holders because the secretary has not issued the mandated The JUDICIARY AND RULES Committee reports that easements; and S 1031 and S 1032 have been correctly enrolled. WHEREAS, the Secretary of Agriculture could not have harmed such potential easement holders' rights had the secretary LAKEY, Chairman lawfully complied with the law passed by Congress in 1986 and issued the permanent easements as mandated by Congress; and The President signed Enrolled S 1031 and S 1032 and WHEREAS, the vast majority of surface water rights in this ordered them transmitted to the House for the signature of the state were decreed with priority dates that preceded the enactment Speaker. of FLPMA in 1976, and those water uses are entitled to the right February 11, 2019 to cross federal lands to deliver their state water rights; and WHEREAS, there are many Idaho water users, such as the The STATE AFFAIRS Committee reports it has had under members of the Salmon Headwaters Conservation Association, consideration the Gubernatorial appointments listed below and that properly complied with the easement requirements specified the Committee recommends that said appointments be confirmed by the Colorado Ditch Bill Act to have their permanent easement by the Senate: recognized by the United States, but are now required to further expend resources on legal and administrative processes to defend Joe McNeal to the Idaho Commission on Human Rights, and protect their valid existing Idaho water rights and associated term to expire July 1, 2021. rights-of-way across federal land. NOW, THEREFORE, BE IT RESOLVED by the members Kevin Settles to the Idaho Commission on Human Rights, of the First Regular Session of the Sixty-fifth Idaho Legislature, term to expire July 1, 2021. the Senate and the House of Representatives concurring therein, that we urge the President of the United States and Congress LODGE, Chairman [February 11, 2019 SENATE JOURNAL 87

The Gubernatorial appointments were referred to the Tenth S 1079 Order of Business, Motions and Resolutions, and ordered held at BY STATE AFFAIRS COMMITTEE the Secretary's desk for one legislative day. AN ACT RELATING TO VETERANS; AMENDING SECTION 65-202, February 8, 2019 IDAHO CODE, TO REVISE FINANCIAL RELIEF AND ASSISTANCE PROVISIONS. The JUDICIARY AND RULES Committee reports out H 31, H 32, H 34, and S 1043 with the recommendation that they do S 1080 pass. BY STATE AFFAIRS COMMITTEE LAKEY, Chairman AN ACT RELATING TO VETERANS; AMENDING SECTION H 31, H 32, H 34, and S 1043 were filed for second reading. 65-704, IDAHO CODE, TO PROVIDE THAT INTEREST GENERATED BY MONEYS IN THE IDAHO VETERANS February 11, 2019 RECOGNITION INCOME FUND SHALL BE MAINTAINED The JUDICIARY AND RULES Committee reports out BY THE DIVISION OF VETERANS SERVICES. H 43 and S 1044 with the recommendation that they do pass. S 1081 LAKEY, Chairman BY STATE AFFAIRS COMMITTEE AN ACT H 43 and S 1044 were filed for second reading. RELATING TO VETERANS; REPEALING SECTION 65-208, IDAHO CODE, RELATING TO TRANSPORTATION OF On request by Senator Winder, granted by unanimous WHEELCHAIR-BOUND VETERANS. consent, the Senate advanced to the Ninth Order of Business. Messages from the House S 1082 BY STATE AFFAIRS COMMITTEE February 11, 2019 AN ACT RELATING TO THE STATE BRAND BOARD; AMENDING Dear Madam President: SECTION 25-1122, IDAHO CODE, TO REVISE CERTAIN FEES REGARDING OWNERSHIP AND TRANSPORTATION I transmit herewith Enrolled HJM 3 and H 19 for the CERTIFICATES AND TO MAKE TECHNICAL signature of the President. CORRECTIONS; AND AMENDING SECTION 25-1160, MAULIN, Chief Clerk IDAHO CODE, TO REVISE PROVISIONS REGARDING BRAND INSPECTION FEES FOR HORSES, MULES, AND The President signed Enrolled HJM 3 and H 19 and ordered ASSES, TO PROVIDE FOR EQUINE FARM SERVICE FEES, them returned to the House. AND TO MAKE TECHNICAL CORRECTIONS.

On request by Senator Winder, granted by unanimous S 1083 consent, the Senate advanced to the Eleventh Order of Business. BY RESOURCES AND ENVIRONMENT COMMITTEE AN ACT Introduction, First Reading, and Reference of Bills, RELATING TO IRRIGATION AND DRAINAGE; House Petitions, Resolutions, and Memorials AMENDING SECTION 42-1102, IDAHO CODE, TO REVISE PROVISIONS REGARDING ENCROACHMENTS ON CERTAIN RIGHTS-OF-WAY AND TO MAKE S 1077 TECHNICAL CORRECTIONS; AMENDING SECTION BY FINANCE COMMITTEE 42-1203, IDAHO CODE, TO REVISE PROVISIONS AN ACT REGARDING MAINTENANCE OF EMBANKMENTS; RELATING TO THE APPROPRIATION TO THE BOARD OF AMENDING SECTION 42-1204, IDAHO CODE, TO TAX APPEALS FOR FISCAL YEAR 2019; APPROPRIATING REVISE PROVISIONS REGARDING THE PREVENTION ADDITIONAL MONEYS TO THE BOARD OF TAX OF DAMAGE TO OTHERS ASSOCIATED WITH APPEALS FOR FISCAL YEAR 2019; AND DECLARING AN DITCHES, CANALS, WORKS, OR OTHER AQUEDUCTS; EMERGENCY. AMENDING SECTION 42-1207, IDAHO CODE, TO REVISE PROVISIONS REGARDING BURIED IRRIGATION CONDUIT AND TO MAKE TECHNICAL CORRECTIONS; S 1078 AND AMENDING SECTION 42-1209, IDAHO CODE, TO BY STATE AFFAIRS COMMITTEE REVISE PROVISIONS REGARDING ENCROACHMENTS AN ACT ON CERTAIN EASEMENTS AND RIGHTS-OF-WAY. RELATING TO BEER; AMENDING SECTION 23-1001, IDAHO CODE, TO DEFINE TERMS AND TO MAKE S 1084 TECHNICAL CORRECTIONS; AND AMENDING CHAPTER BY RESOURCES AND ENVIRONMENT COMMITTEE 10, TITLE 23, IDAHO CODE, BY THE ADDITION AN ACT OF A NEW SECTION 23-1057, IDAHO CODE, TO RELATING TO IRRIGATION; REPEALING CHAPTER 21, AUTHORIZE CONTRACT BREWING IN CERTAIN TITLE 42, IDAHO CODE, RELATING TO CAREY ACT INSTANCES, TO PROVIDE CERTAIN REQUIREMENTS CONSTRUCTION COMPANIES ACTING AS OPERATING FOR A CONTRACTEE BREWER AND A CONTRACTOR COMPANIES; REPEALING SECTION 42-2202, IDAHO BREWER, AND TO PROVIDE FOR HOW CERTAIN BEER CODE, RELATING TO CERTAIN STATEMENTS FILED IS COUNTED. WITH COUNTY RECORDERS; REPEALING SECTION 88 SENATE JOURNAL February 11, 2019]

42-2204, IDAHO CODE, RELATING TO DUTIES OF S 1090 COUNTY RECORDERS; REPEALING SECTION 42-2504, BY JUDICIARY AND RULES COMMITTEE IDAHO CODE, RELATING TO THE TRANSFER OF AN ACT CERTAIN WATER RIGHTS; REPEALING SECTION 42-2505, RELATING TO CRITICAL INFRASTRUCTURE; IDAHO CODE, RELATING TO CERTAIN APPEALS; AMENDING CHAPTER 70, TITLE 18, IDAHO CODE, BY REPEALING SECTION 42-2506, IDAHO CODE, RELATING THE ADDITION OF A NEW SECTION 18-7045, IDAHO TO FEES FOR DECISIONS ON APPLICATIONS FOR CODE, TO PROVIDE FOR THE CRIME OF IMPEDING TRANSFERS OF WATER RIGHTS; REPEALING CHAPTER CRITICAL INFRASTRUCTURE, TO PROVIDE PENALTIES, 26, TITLE 42, IDAHO CODE, RELATING TO THE SALE OF TO PROVIDE THAT AGGREGATE DAMAGE MAY BE A WATER RIGHTS; AMENDING SECTION 43-323, IDAHO VIOLATION, TO PROVIDE THAT AN ORGANIZATION CODE, TO REMOVE PROVISIONS ASSOCIATED WITH MAY IMPEDE CRITICAL INFRASTRUCTURE IN CERTAIN CERTAIN REPORTS TO THE DEPARTMENT OF WATER INSTANCES, TO PROVIDE EXCEPTIONS, AND TO RESOURCES AND TO PROVIDE FOR PLACE OF USE; AND DEFINE TERMS; AND AMENDING CHAPTER 70, TITLE REPEALING SECTION 30-806, IDAHO CODE, RELATING 18, IDAHO CODE, BY THE ADDITION OF A NEW TO CERTAIN REPORTS OF IRRIGATION COMPANIES. SECTION 18-7046, IDAHO CODE, TO PROVIDE FOR THE CRIME OF CRITICAL INFRASTRUCTURE TRESPASS, TO S 1085 PROVIDE A PENALTY, TO PROVIDE EXCEPTIONS, AND BY RESOURCES AND ENVIRONMENT COMMITTEE TO DEFINE A TERM. AN ACT RELATING TO IRRIGATION DISTRICTS; AMENDING SECTION 43-303, IDAHO CODE, TO REVISE PROVISIONS S 1091 REGARDING MEETINGS OF IRRIGATION DISTRICT BY JUDICIARY AND RULES COMMITTEE BOARDS OF DIRECTORS. AN ACT RELATING TO HOSPITALIZATION OF THE MENTALLY S 1086 ILL; AMENDING SECTION 66-329, IDAHO CODE, TO BY RESOURCES AND ENVIRONMENT COMMITTEE REVISE A PROVISION REGARDING A CONTINUANCE AN ACT FOR A CERTAIN HEARING AND TO MAKE TECHNICAL RELATING TO IRRIGATION AND DRAINAGE; CORRECTIONS. AMENDING SECTION 42-1102, IDAHO CODE, TO REVISE PROVISIONS REGARDING RIGHTS ASSOCIATED WITH RIGHTS-OF-WAY; AMENDING SECTION 42-1204, IDAHO S 1092 CODE, TO REVISE PROVISIONS REGARDING RIGHTS BY JUDICIARY AND RULES COMMITTEE ASSOCIATED WITH RIGHTS-OF-WAY AND TO MAKE AN ACT TECHNICAL CORRECTIONS; AND AMENDING SECTION RELATING TO THE CHILD PROTECTIVE ACT; 42-1209, IDAHO CODE, TO REVISE PROVISIONS AMENDING SECTION 16-1615, IDAHO CODE, TO REGARDING ENCROACHMENTS ONTO EASEMENTS REVISE TERMINOLOGY; AMENDING SECTION AND RIGHTS-OF-WAY. 16-1619, IDAHO CODE, TO REVISE TERMINOLOGY; AMENDING SECTION 16-1620, IDAHO CODE, TO S 1087 REVISE TERMINOLOGY AND TO MAKE A TECHNICAL BY RESOURCES AND ENVIRONMENT COMMITTEE CORRECTION; AMENDING SECTION 16-1621, IDAHO AN ACT CODE, TO REVISE TERMINOLOGY AND TO MAKE RELATING TO ARTESIAN WELLS; AMENDING TECHNICAL CORRECTIONS; AND AMENDING SECTION SECTION 42-1607, IDAHO CODE, TO PROVIDE THAT 16-1622, IDAHO CODE, TO REVISE TERMINOLOGY AND THE DIRECTOR OF THE DEPARTMENT OF WATER TO MAKE A TECHNICAL CORRECTION. RESOURCES MAY PROMULGATE CERTAIN RULES AND TO PROVIDE LIMITATIONS ON COST-SHARING BY THE DEPARTMENT OF WATER RESOURCES ASSISTING S 1093 OWNERS OF WELLS THAT NEED TO BE REPAIRED OR BY JUDICIARY AND RULES COMMITTEE PLUGGED. AN ACT RELATING TO PRETRIAL SUPERVISION; AMENDING S 1088 CHAPTER 8, TITLE 31, IDAHO CODE, BY THE ADDITION BY RESOURCES AND ENVIRONMENT COMMITTEE OF A NEW SECTION 31-880, IDAHO CODE, TO PROVIDE AN ACT FOR CERTAIN PRETRIAL RELEASE SUPERVISION RELATING TO FISH AND GAME; AMENDING SECTION SERVICES AND TO PROVIDE THAT COUNTIES SHALL 36-408, IDAHO CODE, TO REVISE PROVISIONS NOT HAVE CERTAIN OBLIGATIONS; AMENDING REGARDING THE ISSUANCE OF FREE PERMITS AND SECTION 31-3201I, IDAHO CODE, TO PROVIDE TAGS TO MILITARY VETERANS WITH DISABILITIES FOR PRETRIAL RELEASE SUPERVISION FEES; AND AND TO MAKE A TECHNICAL CORRECTION. AMENDING CHAPTER 32, TITLE 31, IDAHO CODE, BY THE ADDITION OF A NEW SECTION 31-3201J, IDAHO S 1089 CODE, TO PROVIDE FOR A PRETRIAL SUPERVISION BY RESOURCES AND ENVIRONMENT COMMITTEE FEE, TO PROVIDE FOR CERTAIN REQUIREMENTS AND AN ACT PROCEDURES FOR A PRETRIAL SUPERVISION FEE, TO RELATING TO FISH AND GAME; AMENDING SECTION PROVIDE FOR CERTAIN ADDITIONAL FEES, AND TO 36-1510, IDAHO CODE, TO PROHIBIT INTERFERENCE PROVIDE AN EXEMPTION IN CERTAIN INSTANCES. WITH CERTAIN LANDS, HIGHWAYS, AND NAVIGABLE STREAMS AND TO MAKE TECHNICAL CORRECTIONS. [February 11, 2019 SENATE JOURNAL 89

S 1094 IDAHO CODE, TO AUTHORIZE CERTAIN PRIMARY BY JUDICIARY AND RULES COMMITTEE CARE PROVIDERS AND URGENT CARE PHYSICIANS AN ACT TO PROVIDE INFORMATION TO PATIENTS ABOUT RELATING TO THE CHILDREN AND FAMILIES LEGAL BONE MARROW DONATION, TO PROVIDE THAT THE SERVICES FUND; AMENDING CHAPTER 16, TITLE 1, DEPARTMENT OF HEALTH AND WELFARE SHALL IDAHO CODE, BY THE ADDITION OF A NEW SECTION DEVELOP CERTAIN INFORMATION, AND TO AUTHORIZE 1-1626, IDAHO CODE, TO CREATE THE CHILDREN RULEMAKING. AND FAMILIES LEGAL SERVICES FUND IN THE STATE TREASURY, TO PROVIDE FOR WHAT MONEYS SHALL BE IN THE FUND, TO PROVIDE FOR HOW MONEYS IN THE S 1099 FUND MAY BE EXPENDED, AND TO PROVIDE CERTAIN BY HEALTH AND WELFARE COMMITTEE CONDITIONS; AND AMENDING CHAPTER 16, TITLE 1, AN ACT IDAHO CODE, BY THE ADDITION OF A NEW SECTION RELATING TO CHILD CARE LICENSING; AMENDING 1-1627, IDAHO CODE, TO PROVIDE FOR CHILDREN AND SECTION 39-1213, IDAHO CODE, TO PROVIDE FOR A FAMILIES LEGAL SERVICES FUND GRANTS BY THE CERTAIN WAIVER FROM LICENSING AND TO MAKE SUPREME COURT AND TO PROVIDE CONDITIONS. TECHNICAL CORRECTIONS.

S 1095 BY HEALTH AND WELFARE COMMITTEE S 1100 AN ACT BY HEALTH AND WELFARE COMMITTEE RELATING TO HEALTH AND WELFARE; AMENDING AN ACT CHAPTER 2, TITLE 56, IDAHO CODE, BY THE ADDITION RELATING TO MEDICAID ELIGIBILITY EXPANSION; OF A NEW SECTION 56-268, IDAHO CODE, TO ESTABLISH AMENDING SECTION 56-267, IDAHO CODE, TO PROVIDE PROVISIONS REGARDING AN EMPLOYMENT AND THAT THE DEPARTMENT OF HEALTH AND WELFARE TRAINING PROGRAM. SHALL INFORM CERTAIN MEDICAID PARTICIPANTS OF THE DEPARTMENT'S EMPLOYMENT AND TRAINING S 1096 PROGRAM AND OFFER THE OPPORTUNITY TO ENROLL BY HEALTH AND WELFARE COMMITTEE IN SUCH PROGRAM, TO ESTABLISH PROVISIONS AN ACT REGARDING PREMIUM ASSISTANCE FOR A QUALIFIED RELATING TO RESIDENTIAL CARE AND ASSISTED HEALTH PLAN, TO PROVIDE FOR RESEARCH ON LIVING FACILITIES; AMENDING SECTION 39-3302, WAIVER OPPORTUNITIES FOR SUBSTANCE ABUSE IDAHO CODE, TO DEFINE TERMS AND TO AND MENTAL HEALTH SERVICES, TO PROVIDE FOR A MAKE TECHNICAL CORRECTIONS; AMENDING REVIEW OF AND A RECOMMENDATION REGARDING SECTION 39-3355, IDAHO CODE, TO PROVIDE FOR MEDICAID ELIGIBILITY EXPANSION, TO PROVIDE AN ALTERNATIVE TO REGULAR COMPLIANCE THAT THE PROVISIONS OF THIS SECTION SHALL BE INSPECTIONS; AND AMENDING SECTION 63-701, IDAHO NULL, VOID, AND OF NO FORCE AND EFFECT UNDER CODE, TO PROVIDE A CORRECT CODE REFERENCE CERTAIN CIRCUMSTANCES, AND TO MAKE TECHNICAL AND TO MAKE A TECHNICAL CORRECTION. CORRECTIONS; AND DECLARING AN EMERGENCY.

S 1097 S 1101 BY HEALTH AND WELFARE COMMITTEE BY EDUCATION COMMITTEE AN ACT AN ACT RELATING TO HEALTH BENEFIT PLANS; AMENDING RELATING TO EDUCATION; AMENDING SECTION TITLE 41, IDAHO CODE, BY THE ADDITION OF A NEW 33-1614, IDAHO CODE, TO REVISE PROVISIONS CHAPTER 65, TITLE 41, IDAHO CODE, TO DEFINE REGARDING READING INSTRUCTION AND A TERM, TO REQUIRE CERTAIN COVERAGE FOR INTERVENTION; AMENDING CHAPTER 16, TITLE 33, PERSONS ENROLLED IN APPROVED CLINICAL TRIALS, IDAHO CODE, BY THE ADDITION OF A NEW SECTION TO ESTABLISH PROVISIONS REGARDING RESEARCH 33-1614A, IDAHO CODE, TO ESTABLISH PROVISIONS INSTITUTIONS, TO PROVIDE LIMITATIONS ON REGARDING A CERTAIN PERFORMANCE METRIC; COVERAGE, TO ESTABLISH PROVISIONS REGARDING AMENDING SECTION 33-1615, IDAHO CODE, TO REVISE INSURER LIABILITY, TO PROVIDE FOR DEDUCTIBLE, PROVISIONS REGARDING READING ASSESSMENTS; COINSURANCE, AND COPAYMENT REQUIREMENTS, AMENDING SECTION 33-1616, IDAHO CODE, TO REVISE AND TO PROHIBIT CANCELLATION OR NONRENEWAL PROVISIONS REGARDING LITERACY INTERVENTION; OF A HEALTH BENEFIT PLAN UNDER CERTAIN AND PROVIDING AN EFFECTIVE DATE. CIRCUMSTANCES.

S 1102 S 1098 BY EDUCATION COMMITTEE BY HEALTH AND WELFARE COMMITTEE AN ACT AN ACT RELATING TO EDUCATION; AMENDING SECTION RELATING TO BONE MARROW DONATIONS; AMENDING 33-5208, IDAHO CODE, TO REVISE PROVISIONS THE HEADING FOR CHAPTER 37, TITLE 39, IDAHO REGARDING FACILITIES FUNDS FOR PUBLIC CHARTER CODE, TO PROVIDE FOR BONE MARROW DONATIONS; SCHOOLS. AMENDING CHAPTER 37, TITLE 39, IDAHO CODE, BY THE ADDITION OF A NEW SECTION 39-3704, 90 SENATE JOURNAL February 11, 2019]

S 1103 S 1108 BY EDUCATION COMMITTEE BY EDUCATION COMMITTEE AN ACT AN ACT RELATING TO PUBLIC CHARTER SCHOOLS; AMENDING RELATING TO DRIVER TRAINING; AMENDING SECTION CHAPTER 52, TITLE 33, IDAHO CODE, BY THE 33-1707, IDAHO CODE, TO REVISE PROVISIONS ADDITION OF A NEW SECTION 33-5218, IDAHO CODE, REGARDING REIMBURSEMENT TO SCHOOL DISTRICTS TO ESTABLISH PROVISIONS REGARDING A PUBLIC FROM THE DRIVER TRAINING ACCOUNT, TO PROVIDE CHARTER SCHOOL FACILITIES PROGRAM. FOR CERTAIN SCHOLARSHIPS AND GRANTS, AND TO MAKE TECHNICAL CORRECTIONS.

S 1104 S 1077, S 1078, S 1079, S 1080, S 1081, S 1082, S 1083, BY EDUCATION COMMITTEE S 1084, S 1085, S 1086, S 1087, S 1088, S 1089, S 1090, S 1091, AN ACT S 1092, S 1093, S 1094, S 1095, S 1096, S 1097, S 1098, S 1099, RELATING TO EDUCATION; AMENDING SECTION S 1100, S 1101, S 1102, S 1103, S 1104, S 1105, S 1106, S 1107, 33-1204, IDAHO CODE, TO PROVIDE THAT THE STATE and S 1108 were introduced, read the first time at length, and BOARD OF EDUCATION MAY REQUIRE PROFESSIONAL referred to the Judiciary and Rules Committee for printing. DEVELOPMENT AS A CONDITION OF CERTIFICATE RENEWAL, TO PROVIDE AN OPTION FOR COMPLETING Senator Heider was recorded present at this order of business. PROFESSIONAL DEVELOPMENT CREDITS, AND TO On request by Senator Winder, granted by unanimous MAKE TECHNICAL CORRECTIONS. consent, the Senate advanced to the Fifteenth Order of Business. Miscellaneous Business S 1105 BY EDUCATION COMMITTEE On motion by Senator Winder, seconded by Senator Stennett, AN ACT by voice vote, the Senate adjourned at 5:29 p.m. until the hour of RELATING TO EDUCATION; AMENDING SECTION 10:45 a.m., Tuesday, February 12, 2019. 33-4602, IDAHO CODE, TO PROVIDE ADVANCED OPPORTUNITIES FUNDING FOR CAREER TECHNICAL JANICE MCGEACHIN, President EDUCATION WORKFORCE TRAINING AND TO REVISE PROVISIONS REGARDING ADVANCED OPPORTUNITIES. Attest: JENNIFER NOVAK, Secretary

S 1106 BY EDUCATION COMMITTEE AN ACT RELATING TO PUBLIC CHARTER SCHOOLS; AMENDING SECTION 33-1002G, IDAHO CODE, TO PROVIDE THAT PUBLIC CHARTER SCHOOLS MAY BE ELIGIBLE FOR CERTAIN FUNDING; AMENDING SECTION 33-2202, IDAHO CODE, TO REVISE PROVISIONS REGARDING POWERS AND DUTIES OF THE STATE BOARD FOR CAREER TECHNICAL EDUCATION; AMENDING SECTION 33-2205, IDAHO CODE, TO REVISE PROVISIONS REGARDING THE DIVISION OF CAREER TECHNICAL EDUCATION; AMENDING SECTION 33-5202, IDAHO CODE, TO REVISE PROVISIONS REGARDING LEGISLATIVE INTENT IN RELATION TO PUBLIC CHARTER SCHOOLS; AMENDING SECTION 33-5202A, IDAHO CODE, TO REVISE DEFINITIONS; AND AMENDING SECTION 33-5208, IDAHO CODE, TO REVISE PROVISIONS REGARDING FINANCIAL SUPPORT FOR PUBLIC CHARTER SCHOOLS.

S 1107 BY EDUCATION COMMITTEE AN ACT RELATING TO EDUCATION; REPEALING SECTION 2, CHAPTER 348, LAWS OF 2016, RELATING TO THE REPEAL OF SECTION 33-1004, IDAHO CODE; REPEALING SECTION 3, CHAPTER 348, LAWS OF 2016, RELATING TO THE ENACTMENT OF A NEW SECTION 33-1004, IDAHO CODE; AND REPEALING SECTION 4, CHAPTER 348, LAWS OF 2016, RELATING TO AN EFFECTIVE DATE. [February 12, 2019 SENATE JOURNAL 91

SENATE JOURNAL S 1090, S 1091, S 1092, S 1093, and S 1094 were referred to the Judiciary and Rules Committee. OF THE S 1095, S 1096, S 1098, S 1099, and S 1100 were referred IDAHO LEGISLATURE to the Health and Welfare Committee. S 1097 was referred to the Commerce and Human Resources FIRST REGULAR SESSION Committee. SIXTY-FIFTH LEGISLATURE S 1101, S 1102, S 1103, S 1104, S 1105, S 1106, S 1107, and S 1108 were referred to the Education Committee. Senators Agenbroad, Burtenshaw, Crabtree, Grow, Johnson, Nye, Ward-Engelking, and Woodward were recorded present at THIRTY-SEVENTH LEGISLATIVE DAY this order of business. TUESDAY, FEBRUARY 12, 2019 On request by Senator Winder, granted by unanimous consent, the Senate advanced to the Eighth Order of Business. Senate Chamber Messages from the Governor President McGeachin called the Senate to order at 10:45 a.m. Senators Bair and Lee were recorded present at this order of Roll call showed all members present except Senators business. Agenbroad, Bair, Burtenshaw, Crabtree, Grow, Johnson, Lee, Nye, Ward-Engelking, and Woodward, absent and excused. February 11, 2019 Prayer was offered by Senator Patti Anne Lodge. The Honorable Janice McGeachin President of the Senate The Pledge of Allegiance was led by Chase Knott, Page. Idaho Legislature The Senate advanced to the Third Order of Business. Dear Madam President: Reading and Correction of the Journal I have the honor to inform you that I have signed today and am transmitting to the Secretary of State the following Senate The JUDICIARY AND RULES Committee reports that the Bill, to wit: Senate Journal of the proceedings of February 11, 2019, was read and approved as corrected. S 1025 LAKEY, Chairman Sincerely, /s/ Brad Little There being no objection, the report was adopted and ordered Governor of Idaho filed in the office of the Secretary of the Senate. The correspondence was ordered filed in the office of the On request by Senator Winder, granted by unanimous Secretary of the Senate. consent, the Senate advanced to the Sixth Order of Business. The Senate advanced to the Ninth Order of Business. Reports of Standing Committees Messages from the House February 12, 2019 February 11, 2019 The JUDICIARY AND RULES Committee reports that SCR 102, SJM 101, S 1076, S 1077, S 1078, S 1079, S 1080, Dear Madam President: S 1081, S 1082, S 1083, S 1084, S 1085, S 1086, S 1087, S 1088, S 1089, S 1090, S 1091, S 1092, S 1093, S 1094, S 1095, S 1096, I transmit herewith H 86, H 87, and H 60, which have passed S 1097, S 1098, S 1099, S 1100, S 1101, S 1102, S 1103, S 1104, the House. S 1105, S 1106, S 1107, and S 1108 have been correctly printed. MAULIN, Chief Clerk LAKEY, Chairman H 86, H 87, and H 60 were filed for first reading. SCR 102 and SJM 101 were referred to the Tenth Order of Business, Motions and Resolutions, and ordered held at the On request by Senator Winder, granted by unanimous Secretary's desk for one legislative day. consent, the Senate advanced to the Eleventh Order of Business. S 1076, S 1078, S 1079, S 1080, and S 1081 were referred Introduction, First Reading, and Reference of Bills, to the State Affairs Committee. House Petitions, Resolutions, and Memorials S 1077 was referred to the Finance Committee. H 86 and H 87, by Revenue and Taxation Committee, were introduced, read the first time at length, and referred to the Local S 1082 was referred to the Agricultural Affairs Committee. Government and Taxation Committee. S 1083, S 1084, S 1085, S 1086, S 1087, S 1088, and H 60, by Agricultural Affairs Committee, was introduced, S 1089 were referred to the Resources and Environment read the first time at length, and referred to the Agricultural Committee. Affairs Committee. 92 SENATE JOURNAL February 12, 2019]

The Senate advanced to the Twelfth Order of Business. Whereupon the President declared S 1008 passed, title was approved, and the bill ordered transmitted to the House. Second Reading of Bills S 1026 was read the third time at length, section by section, S 1049 and SJR 101, by State Affairs Committee, were read and placed before the Senate for final consideration. Senator the second time at length and filed for third reading. Agenbroad arose as sponsor of the bill and opened the debate. H 31, H 32, and H 34, by Judiciary Rules & Administration 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 1043, by Judiciary and Rules Committee, was read the AYES–Agenbroad, Bair, Bayer, Buckner-Webb, Burgoyne, second time at length and filed for third reading. Burtenshaw, Den Hartog, Grow, Guthrie, Harris, Heider, Hill, H 43, by Judiciary Rules & Administration Committee, was Johnson, Jordan, Lakey, Lee, Lent, Lodge, Martin, Mortimer, read the second time at length and filed for third reading. Nelson, Nye, Patrick, Rice, Souza, Stennett, Thayn, Vick, Ward-Engelking, Winder, Woodward. Total - 31. S 1044, by Judiciary and Rules Committee, was read the second time at length and filed for third reading. NAYS–Anthon, Brackett, Cheatham, Crabtree. Total - 4. The Senate advanced to the Thirteenth Order of Business. Total - 35. Third Reading of Bills Whereupon the President declared S 1026 passed, title was approved, and the bill ordered transmitted to the House. H 9 was read the third time at length, section by section, and placed before the Senate for final consideration. Senator Lee S 1028 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?" Winder 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–Agenbroad, Anthon, Bair, Bayer, Brackett, Buckner-Webb, Burgoyne, Burtenshaw, Cheatham, Crabtree, AYES–Agenbroad, Bayer, Brackett, Buckner-Webb, Den Hartog, Grow, Guthrie, Harris, Heider, Hill, Johnson, Burgoyne, Burtenshaw, Cheatham, Den Hartog, Grow, Guthrie, Jordan, Lakey, Lee, Lent, Lodge, Martin, Mortimer, Nelson, Nye, Harris, Heider, Hill, Jordan, Lakey, Lee, Lent, Lodge, Martin, Patrick, Rice, Souza, Stennett, Thayn, Vick, Ward-Engelking, Mortimer, Nelson, Nye, Patrick, Rice, Souza, Stennett, Thayn, Winder, Woodward. Total - 35. Vick, Ward-Engelking, Winder, Woodward. Total - 31. Whereupon the President declared H 9 passed, title was NAYS–Anthon, Bair, Crabtree, Johnson. Total - 4. approved, and the bill ordered returned to the House. Total - 35. H 38 was read the third time at length, section by section, and placed before the Senate for final consideration. Senator Lee Whereupon the President declared S 1028 passed, title was arose as sponsor of the bill and opened the debate. The question approved, and the bill ordered transmitted to the House. being, "Shall the bill pass?" On request by Senator Winder, granted by unanimous Roll call resulted as follows: consent, the Senate returned to the Ninth Order of Business. AYES–Agenbroad, Anthon, Bair, Bayer, Brackett, Messages from the House Buckner-Webb, Burgoyne, Burtenshaw, Cheatham, Crabtree, Den Hartog, Grow, Guthrie, Harris, Heider, Hill, Johnson, February 12, 2019 Jordan, Lakey, Lee, Lent, Lodge, Martin, Mortimer, Nelson, Nye, Dear Madam President: Patrick, Rice, Souza, Stennett, Thayn, Vick, Ward-Engelking, Winder, Woodward. Total - 35. I transmit herewith Enrolled H 66, H 25, H 10, H 11, H 12, Whereupon the President declared H 38 passed, title was and H 72 for the signature of the President. approved, and the bill ordered returned to the House. MAULIN, Chief Clerk S 1008 was read the third time at length, section by section, The President signed Enrolled H 66, H 25, H 10, H 11, H 12, and placed before the Senate for final consideration. Senator and H 72 and ordered them returned to the House. Lakey arose as sponsor of the bill and opened the debate. The question being, "Shall the bill pass?" The Senate advanced to the Tenth Order of Business. Motions and Resolutions Roll call resulted as follows: On request by Senator Winder, granted by unanimous AYES–Agenbroad, Anthon, Bair, Bayer, Brackett, consent, the Senate went at ease and resolved itself into the Buckner-Webb, Burgoyne, Burtenshaw, Cheatham, Crabtree, Committee for the Lincoln Day Service. Den Hartog, Grow, Guthrie, Harris, Heider, Hill, Johnson, Jordan, Lakey, Lee, Lent, Lodge, Martin, Mortimer, Nelson, Nye, The Lincoln Day Program was presented to the members of Patrick, Rice, Souza, Stennett, Thayn, Vick, Ward-Engelking, the Senate with Co-chairman Senator Bayer providing opening Winder, Woodward. Total - 35. remarks. The prayer was offered by Pastor Jeff Estes. [February 12, 2019 SENATE JOURNAL 93

"Battle Hymn of the Republic" was performed by Faith Sterling, accompanied by Lydia Estes on Flute, Jonathon Estes on Cello, Bethany Estes on Viola, and Heather Estes on Violin. Remarks were provided by Co-chairman Senator Woodward. "The Star Spangled Banner" was performed by Bethany Sondergaard. Closing remarks were provided by Co-chairman Senator Bayer. She extended gratitude to all who helped with the program and the Lincoln Day Service was dissolved. 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 Stennett, by voice vote, the Senate adjourned at 11:57 a.m. until the hour of 11 a.m., Wednesday, February 13, 2019. JANICE MCGEACHIN, President Attest: JENNIFER NOVAK, Secretary 94 SENATE JOURNAL February 13, 2019]

SENATE JOURNAL February 12, 2019 The COMMERCE AND HUMAN RESOURCES OF THE Committee reports out S 1007 and S 1037 with the recommendation that they be referred to the Fourteenth Order of IDAHO LEGISLATURE Business for amendment. FIRST REGULAR SESSION PATRICK, Chairman SIXTY-FIFTH LEGISLATURE There being no objection, S 1007 and S 1037 were referred to the Fourteenth Order of Business, General Calendar. February 12, 2019

THIRTY-EIGHTH LEGISLATIVE DAY The RESOURCES AND ENVIRONMENT Committee WEDNESDAY, FEBRUARY 13, 2019 reports it has had under consideration the Gubernatorial appointment listed below and the Committee recommends that said appointment be confirmed by the Senate: Senate Chamber Gary Spackman as the Director of the Idaho Department President McGeachin called the Senate to order at 11 a.m. of Water Resources, term to continue at the pleasure of the Governor. Roll call showed all members present except Senator Anthon, absent and formally excused by the Chair. HEIDER, Chairman Prayer was offered by Senator Dan Johnson. The Gubernatorial appointment was referred to the Tenth Order of Business, Motions and Resolutions, and ordered held The Pledge of Allegiance was led by Emily White, Page. at the Secretary's desk for one legislative day. The Senate advanced to the Third Order of Business. On request by Senator Winder, 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 February 12, 2019, was read February 12, 2019 and approved as corrected. Dear Madam President: LAKEY, Chairman I transmit herewith H 108, 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. MAULIN, Chief Clerk On request by Senator Winder, granted by unanimous H 108 was filed for first reading. consent, the Senate advanced to the Sixth Order of Business. February 12, 2019

Reports of Standing Committees Dear Madam President: February 12, 2019 I return herewith Enrolled S 1031 and S 1032, which have been signed by the Speaker. The FINANCE Committee reports out S 1077 with the recommendation that it do pass. MAULIN, Chief Clerk BAIR, Chairman Enrolled S 1031 and S 1032 were referred to the Judiciary and Rules Committee for transmittal to the Office of the S 1077 was filed for second reading. Governor. February 12, 2019 The Senate advanced to the Tenth Order of Business. The TRANSPORTATION Committee reports out Motions and Resolutions S 1064 with the recommendation that it do pass. The President announced that the State Affairs Committee BRACKETT, Chairman report relative to the Gubernatorial appointment of Joe McNeal was before the Senate for final consideration, the question being, S 1064 was filed for second reading. "Shall the report be adopted?" February 12, 2019 On motion by Senator Buckner-Webb, seconded by The COMMERCE AND HUMAN RESOURCES Senator Martin, the Gubernatorial appointment of Joe McNeal Committee reports out S 1013 with the recommendation that it as a member of the Idaho Commission on Human Rights was do pass. confirmed by voice vote. PATRICK, Chairman The President declared the report adopted and directed the Secretary of the Senate to prepare a letter of the Gubernatorial S 1013 was filed for second reading. appointment confirmation for her signature, attested to by the [February 13, 2019 SENATE JOURNAL 95

Secretary, to be transmitted to the Governor informing him of BY THE ADDITION OF A NEW SECTION 19-2914A, the action of the Senate. IDAHO CODE, TO DEFINE A TERM, TO PROVIDE REQUIREMENTS FOR BAIL ENFORCEMENT AGENTS, The President announced that the State Affairs Committee TO PROVIDE FOR IDENTIFICATION REQUIREMENTS, report relative to the Gubernatorial appointment of Kevin Settles TO PROVIDE FOR NOTIFICATION TO THE SHERIFF, TO was before the Senate for final consideration, the question being, PROHIBIT CERTAIN ACTS, TO PROVIDE PENALTIES, TO "Shall the report be adopted?" PROVIDE REQUIREMENTS FOR PROSECUTION, AND TO On motion by Senator Winder, seconded by PROVIDE THAT A BAIL AGENT SHALL KEEP CERTAIN Senator Buckner-Webb, the Gubernatorial appointment of Kevin RECORDS. Settles as a member of the Idaho Commission on Human Rights was confirmed by voice vote. S 1111 BY STATE AFFAIRS 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 THE REVISED UNIFORM LAW ON appointment confirmation for her signature, attested to by the NOTARIAL ACTS; AMENDING THE HEADING FOR Secretary, to be transmitted to the Governor informing him of CHAPTER 1, TITLE 51, IDAHO CODE; AMENDING the action of the Senate. SECTION 51-101, IDAHO CODE, TO REVISE THE SHORT TITLE; AMENDING SECTION 51-104, IDAHO CODE, TO The President announced that SCR 102 was before the PROVIDE THAT A NOTARIAL OFFICER MAY CERTIFY Senate for final consideration. THAT A TANGIBLE COPY OF AN ELECTRONIC RECORD Moved by Senator Souza, seconded by Senator IS AN ACCURATE COPY; AMENDING CHAPTER 1, Ward-Engelking, that SCR 102 be adopted. The question being, TITLE 51, IDAHO CODE, BY THE ADDITION OF A NEW "Shall the resolution be adopted?" SECTION 51-114A, IDAHO CODE, TO DEFINE TERMS, TO PROVIDE FOR COMPLIANCE BY A REMOTELY LOCATED Roll call resulted as follows: INDIVIDUAL, TO AUTHORIZE A NOTARY PUBLIC TO PERFORM A NOTARIAL ACT FOR A REMOTELY AYES–Agenbroad, Bair, Bayer, Brackett, Buckner-Webb, LOCATED INDIVIDUAL IN CERTAIN INSTANCES, TO Burgoyne, Burtenshaw, Cheatham, Crabtree, Den Hartog, Grow, PROVIDE FOR CERTIFICATION FOR A NOTARIAL ACT Guthrie, Harris, Heider, Hill, Johnson, Jordan, Lakey, Lee, Lent, FOR A REMOTELY LOCATED INDIVIDUAL, TO PROVIDE Lodge, Martin, Mortimer, Nelson, Nye, Patrick, Rice, Souza, FOR A SHORT FORM CERTIFICATE, TO PROVIDE THAT Stennett, Thayn, Vick, Ward-Engelking, Winder, Woodward. CERTAIN RECORDS SHALL BE RETAINED, TO PROVIDE Total - 34. FOR NOTIFICATION TO THE SECRETARY OF STATE, AND NAYS–None. TO PROVIDE RULEMAKING AUTHORITY WITH CERTAIN CONSIDERATIONS; AMENDING SECTION 51-116, IDAHO Absent and excused–Anthon. Total - 1. CODE, TO PROVIDE FOR A CERTAIN STATEMENT REGARDING COMMUNICATION TECHNOLOGY; Total - 35. AMENDING SECTION 51-120, IDAHO CODE, TO PROVIDE Whereupon the President declared SCR 102 adopted, title THAT A RECORDER MAY ACCEPT A TANGIBLE COPY was approved, and the resolution ordered transmitted to the OF AN ELECTRONIC RECORD IN CERTAIN INSTANCES; House. AND PROVIDING AN EFFECTIVE DATE. On request by Senator Winder, granted by unanimous S 1112 consent, SJM 101 retained its place on the calendar for Thursday, BY STATE AFFAIRS COMMITTEE February 14, 2019. AN ACT RELATING TO CODIFIER'S CORRECTIONS; AMENDING The Senate advanced to the Eleventh Order of Business. SECTION 18-8315, IDAHO CODE, TO PROVIDE A Introduction, First Reading, and Reference of Bills, CORRECT CODE REFERENCE; AMENDING SECTION House Petitions, Resolutions, and Memorials 33-521, IDAHO CODE, TO REMOVE OBSOLETE LANGUAGE; AMENDING SECTION 33-1634, IDAHO S 1109 CODE, AS ENACTED BY SECTION 3, CHAPTER 16, BY JUDICIARY AND RULES COMMITTEE LAWS OF 2018, TO REDESIGNATE THE SECTION; AN ACT AMENDING SECTION 33-3728, IDAHO CODE, AS RELATING TO MOTORCYCLES; AMENDING CHAPTER ENACTED BY SECTION 3, CHAPTER 96, LAWS OF 14, TITLE 49, IDAHO CODE, BY THE ADDITION OF A 2018, TO REDESIGNATE THE SECTION AND TO NEW SECTION 49-1431, IDAHO CODE, TO PROVIDE MAKE A TECHNICAL CORRECTION; AMENDING THAT LAW ENFORCEMENT SHALL NOT ENGAGE IN SECTION 36-106, IDAHO CODE, TO REMOVE MOTORCYCLE PROFILING AND TO DEFINE A TERM. OBSOLETE LANGUAGE; AMENDING SECTION 36-1107, IDAHO CODE, TO REMOVE OBSOLETE LANGUAGE; S 1110 AMENDING SECTION 41-232, IDAHO CODE, TO REMOVE BY JUDICIARY AND RULES COMMITTEE OBSOLETE LANGUAGE AND TO MAKE A TECHNICAL AN ACT CORRECTION; AMENDING SECTION 49-117, IDAHO RELATING TO BAIL ENFORCEMENT AGENTS; CODE, TO PROVIDE A CORRECT CODE REFERENCE; AMENDING SECTION 19-2914, IDAHO CODE, TO AMENDING SECTION 50-3112, IDAHO CODE, TO PROVIDE THAT BAIL ENFORCEMENT AGENTS MAY PROVIDE A CORRECT CODE REFERENCE AND TO MAKE ARREST A DEFENDANT IN CERTAIN INSTANCES; AND A TECHNICAL CORRECTION; AMENDING SECTION AMENDING CHAPTER 29, TITLE 19, IDAHO CODE, 54-1705, IDAHO CODE, TO PROVIDE A CORRECT 96 SENATE JOURNAL February 13, 2019]

CODE REFERENCE; AMENDING SECTION 63-3004, CAMPAIGN REPORTING LAW TO CERTAIN COUNTY IDAHO CODE, TO REMOVE SURPLUS VERBIAGE; AND ELECTIONS; AMENDING SECTION 33-503, IDAHO CODE, AMENDING SECTION 67-823, IDAHO CODE, TO MAKE A TO REMOVE A PROVISION REGARDING CAMPAIGN CODIFIER'S CORRECTION. FINANCE REPORTING FOR CERTAIN SCHOOL TRUSTEE ELECTIONS AND TO MAKE A TECHNICAL S 1113 CORRECTION; AMENDING SECTION 33-2106, IDAHO BY STATE AFFAIRS COMMITTEE CODE, TO REMOVE A PROVISION REGARDING AN ACT CAMPAIGN FINANCE REPORTING FOR COMMUNITY RELATING TO CAMPAIGN FINANCE REPORTS; COLLEGE TRUSTEE ELECTIONS AND TO MAKE AMENDING SECTION 67-6601, IDAHO CODE, TO REVISE TECHNICAL CORRECTIONS; REPEALING SECTION THE PURPOSE OF THE ACT; AMENDING SECTION 40-1417, IDAHO CODE, RELATING TO CAMPAIGN 67-6602, IDAHO CODE, TO REVISE DEFINITIONS AND FINANCE REPORTING FOR COUNTY-WIDE HIGHWAY TO DEFINE A TERM; AMENDING SECTION 67-6604, DISTRICT ELECTIONS; REPEALING SECTION 50-420, IDAHO CODE, TO PROVIDE FOR THE INSPECTION IDAHO CODE, RELATING TO CAMPAIGN FINANCE OF CERTAIN POLITICAL ACCOUNTS BY A COUNTY REPORTING IN CERTAIN CITY ELECTIONS; AMENDING CLERK, TO PROVIDE A CORRECT CODE REFERENCE, SECTION 50-2006, IDAHO CODE, TO PROVIDE A AND TO MAKE TECHNICAL CORRECTIONS; AMENDING CORRECT CODE REFERENCE; REPEALING SECTION SECTION 67-6606, IDAHO CODE, TO PROVIDE A 67-4931, IDAHO CODE, RELATING TO CAMPAIGN CORRECT CODE REFERENCE AND TO MAKE A FINANCE REPORTING FOR AUDITORIUM DISTRICT TECHNICAL CORRECTION; AMENDING SECTION ELECTIONS; AND PROVIDING AN EFFECTIVE DATE. 67-6607, IDAHO CODE, TO REVISE PROVISIONS REGARDING REPORTS OF CONTRIBUTIONS AND S 1114 EXPENDITURES BY CANDIDATES AND POLITICAL BY STATE AFFAIRS COMMITTEE COMMITTEES; AMENDING CHAPTER 66, TITLE 67, AN ACT IDAHO CODE, BY THE ADDITION OF A NEW SECTION RELATING TO CAMPAIGN FINANCE; AMENDING 67-6607A, IDAHO CODE, TO PROVIDE FOR LIMITED SECTION 67-6602, IDAHO CODE, TO REVISE APPLICATION OF CAMPAIGN FINANCE REPORTING DEFINITIONS AND TO DEFINE TERMS; AMENDING LAWS TO CERTAIN ELECTIONS; AMENDING SECTION SECTION 67-6611, IDAHO CODE, TO REVISE THE 67-6608, IDAHO CODE, TO REVISE PROVISIONS FILING DEADLINES FOR REPORTING INDEPENDENT REGARDING REPORTS OF UNEXPENDED BALANCES EXPENDITURES AND TO REQUIRE CERTAIN OR CAMPAIGN DEBT; AMENDING SECTION 67-6610A, DISCLOSURES; AMENDING SECTION 67-6628, IDAHO IDAHO CODE, TO REVISE PROVISIONS REGARDING CODE, TO REVISE THE FILING DEADLINES FOR CONTRIBUTION LIMITS AND TO PROVIDE FOR REPORTING ELECTIONEERING COMMUNICATIONS, TO APPLICABILITY TO SPECIAL ELECTIONS; AMENDING REQUIRE CERTAIN DISCLOSURES, AND TO REQUIRE SECTION 67-6610B, IDAHO CODE, TO PROVIDE A LEGIBLE AUTHORITY LINE IN ELECTIONEERING A CORRECT CODE REFERENCE AND TO MAKE COMMUNICATIONS; AMENDING SECTION 67-6606, TECHNICAL CORRECTIONS; AMENDING SECTION IDAHO CODE, TO PROVIDE A CORRECT CODE 67-6615, IDAHO CODE, TO PROVIDE FOR THE REFERENCE; AND AMENDING SECTION 67-6621, IDAHO RESPECTIVE DUTIES OF THE SECRETARY OF CODE, TO PROVIDE A CORRECT CODE REFERENCE. STATE AND OF COUNTY CLERKS REGARDING THE INSPECTION OF STATEMENTS PURSUANT TO THIS S 1109, S 1110, S 1111, S 1112, S 1113, and S 1114 were CHAPTER, TO PROVIDE LEGISLATIVE INTENT, AND introduced, read the first time at length, and referred to the TO MAKE TECHNICAL CORRECTIONS; AMENDING Judiciary and Rules Committee for printing. SECTION 67-6616, IDAHO CODE, TO PROVIDE FOR H 108, by Local Government Committee, was introduced, THE RESPECTIVE DUTIES OF THE SECRETARY OF read the first time at length, and referred to the Commerce and STATE AND OF COUNTY CLERKS REGARDING THE Human Resources Committee. EXAMINATION OF STATEMENTS FILED PURSUANT TO THIS CHAPTER AND TO MAKE TECHNICAL On request by Senator Winder, granted by unanimous CORRECTIONS; AMENDING SECTION 67-6621, IDAHO consent, the Senate advanced to the Fourteenth Order of CODE, TO PROVIDE A CORRECT CODE REFERENCE Business. AND TO MAKE TECHNICAL CORRECTIONS; AMENDING SECTION 67-6623, IDAHO CODE, TO PROVIDE FOR THE General Calendar RESPECTIVE DUTIES OF THE SECRETARY OF STATE The President declared the Senate resolved into the AND OF COUNTY CLERKS AND TO MAKE TECHNICAL Committee of the Whole and called Senator Vick to the Chair to CORRECTIONS; AMENDING SECTION 67-6625A, IDAHO preside during the sitting of the Committee of the Whole. CODE, TO PROVIDE THAT THE SECRETARY OF STATE OR COUNTY CLERK SHALL PROVIDE NOTIFICATION Following the adjournment of the Committee of the Whole, TO PERSONS WHO HAVE FAILED TO FILE A REQUIRED the President called the Senate to order. STATEMENT OR REPORT; AMENDING SECTION 67-6626, IDAHO CODE, TO PROVIDE FOR THE ROLE OF A Report of the Committee of the Whole COUNTY CLERK IN AN INJUNCTION TO ENFORCE THE Senator Vick, Chairman of the Committee of the Whole, CHAPTER AND TO MAKE TECHNICAL CORRECTIONS; reported out H 2 and S 1005, without recommendation, amended REPEALING SECTION 1-2220A, IDAHO CODE, RELATING as follows: TO CAMPAIGN FINANCE REPORTING FOR MAGISTRATE RETENTION ELECTIONS; REPEALING SECTION 31-2012, SENATE AMENDMENT TO H 2 IDAHO CODE, RELATING TO THE APPLICATION OF AMENDMENT TO SECTION 1 [February 13, 2019 SENATE JOURNAL 97

On page 1 of the printed bill, delete lines 37 and 38, and insert: "(3) The administrator shall also have". On page 2, in line 3, delete "work or" and insert: "work, or"; also in line 3, following "site" insert: ", or detain the vehicle"; in line 8, following "located" insert: "or the vehicle is detained"; delete lines 13 through 15, and insert: "training."; and following line 15, insert: "(e) The director of the Idaho state police and the Idaho transportation board shall have authority on public highways to stop and inspect vehicles and enforce rules promulgated by the administrator pursuant to this section.". AMENDMENT TO SECTION 2 On page 4, delete line 40, and insert: "on Idaho's public highways by the director of the Idaho state police and the Idaho transportation". CORRECTION TO TITLE On page 1, delete lines 3 through 6 and insert: "THE DIRECTOR OF THE IDAHO STATE POLICE AND THE IDAHO TRANSPORTATION BOARD MAY ISSUE SPECIFIED ORDERS UNDER CERTAIN CONDITIONS AND TO PROVIDE FOR DETAINMENT OF VEHICLES; AND AMENDING SECTION".

SENATE AMENDMENT TO S 1005 AMENDMENT TO SECTION 2 On page 1 of the printed bill, in line 33, delete ",including" and insert: "."; and delete lines 34 and 35. On page 2, in line 1, following "removing," insert: "or"; also in line 1, delete ", or pos-"; in line 2, delete "sessing"; in line 13, following "cause a" insert: "reasonable"; and in line 29, delete "." and insert: ".". The Committee also has S 1018, H 42, and S 1003 under consideration, reports progress, and begs leave to sit again. VICK, Chairman On motion by Senator Vick, seconded by Senator Stennett, the report was adopted by voice vote. S 1005, as amended, was referred to the Judiciary and Rules Committee for engrossing and the amendments thereto were referred to the Judiciary and Rules Committee for printing. H 2, as amended in the Senate, was filed for first reading as amended, and the amendments thereto were 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 Stennett, by voice vote, the Senate adjourned at 11:59 a.m. until the hour of 10:30 a.m., Thursday, February 14, 2019. JANICE MCGEACHIN, President Attest: JENNIFER NOVAK, Secretary 98 SENATE JOURNAL February 14, 2019]

SENATE JOURNAL LAKEY, Chairman OF THE S 1005, as amended, was filed for first reading. IDAHO LEGISLATURE February 13, 2019 The JUDICIARY AND RULES Committee reports that FIRST REGULAR SESSION Enrolled S 1031 and S 1032 were delivered to the Office of the SIXTY-FIFTH LEGISLATURE Governor at 1:20 p.m., February 13, 2019. LAKEY, Chairman The report was ordered filed in the office of the Secretary of the Senate. THIRTY-NINTH LEGISLATIVE DAY THURSDAY, FEBRUARY 14, 2019 February 13, 2019 The RESOURCES AND ENVIRONMENT Committee Senate Chamber reports out H 26, H 44, and HCR 7 with the recommendation that they do pass. President McGeachin called the Senate to order at 10:30 a.m. HEIDER, Chairman Roll call showed all members present except Senators Crabtree and Nelson, absent and excused. H 26 and H 44 were filed for second reading. Prayer was offered by Senator Cherie Buckner-Webb. HCR 7 was referred to the Tenth Order of Business, Motions The Pledge of Allegiance was led by Isaac Lee, Page. and Resolutions, and ordered held at the Secretary's desk for one legislative day. The Senate advanced to the Third Order of Business. February 13, 2019 Reading and Correction of the Journal The JUDICIARY AND RULES Committee reports out The JUDICIARY AND RULES Committee reports that the S 1045 with the recommendation that it do pass. Senate Journal of the proceedings of February 13, 2019, was read and approved as corrected. LAKEY, Chairman LAKEY, Chairman S 1045 was filed for second reading. There being no objection, the report was adopted and ordered February 13, 2019 filed in the office of the Secretary of the Senate. On request by Senator Winder, granted by unanimous The HEALTH AND WELFARE Committee reports out H 8, consent, the Senate advanced to the Sixth Order of Business. H 18, and H 37 with the recommendation that they do pass. Reports of Standing Committees MARTIN, Chairman February 14, 2019 H 8, H 18, and H 37 were filed for second reading. The JUDICIARY AND RULES Committee reports that On request by Senator Winder, granted by unanimous S 1109, S 1110, S 1111, S 1112, S 1113, and S 1114 have been consent, the Senate advanced to the Eighth Order of Business. correctly printed.

LAKEY, Chairman Messages from the Governor S 1109 and S 1110 were referred to the Judiciary and Rules February 13, 2019 Committee. S 1111, S 1112, S 1113, and S 1114 were referred to the State The Honorable Janice McGeachin Affairs Committee. President of the Senate Idaho Legislature February 14, 2019 Dear Madam President: The JUDICIARY AND RULES Committee reports that Senate amendments to H 2 and S 1005 have been correctly I have the honor to inform you that Darrell Kerby of Bonners printed. Ferry, Idaho, was appointed as a member of the State Board of Health and Welfare to serve a term commencing February 12, LAKEY, Chairman 2019, and expiring February 12, 2023. The report was ordered filed in the office of the Secretary of This appointment was made subject to confirmation by the the Senate. Senate. Notice of appointment is hereby given. February 14, 2019 Sincerely, The JUDICIARY AND RULES Committee reports that /s/ Brad Little S 1005, as amended, has been correctly engrossed. Governor [February 14, 2019 SENATE JOURNAL 99

The correspondence was ordered filed in the office of the PROTECTION ORDER, TO PROVIDE FOR A VERIFIED Secretary of the Senate. PETITION, TO PROVIDE THAT CERTAIN EVIDENCE MAY BE ADMISSIBLE, TO REVISE A PROVISION The Gubernatorial appointment was referred to the Health REGARDING HEARINGS FOR A PROTECTION ORDER, and Welfare Committee. TO REVISE PROVISIONS REGARDING ISSUANCE The Senate advanced to the Ninth Order of Business. OF A PROTECTION ORDER, TO PROVIDE FOR THE IDAHO PUBLIC SAFETY AND SECURITY INFORMATION SYSTEM, TO REVISE A PROVISION REGARDING THE Messages from the House DURATION OF A PROTECTION ORDER, TO REMOVE A DEFINITION, TO REMOVE A PROVISION REGARDING February 13, 2019 HOW CERTAIN HEARINGS ARE CONDUCTED, AND TO Dear Madam President: MAKE TECHNICAL CORRECTIONS; AND AMENDING SECTION 18-7908, IDAHO CODE, TO PROVIDE FOR I transmit herewith H 67, H 80, and H 68, which have passed A VERIFIED PETITION, TO REVISE PROVISIONS the House. REGARDING GRANTING OF AN EX PARTE TEMPORARY PROTECTION ORDER, AND TO REVISE A PROVISION MAULIN, Chief Clerk REGARDING THE DURATION OF AN EX PARTE H 67, H 80, and H 68 were filed for first reading. TEMPORARY PROTECTION ORDER. The Senate advanced to the Tenth Order of Business. S 1118 BY JUDICIARY AND RULES COMMITTEE Motions and Resolutions AN ACT Senators Crabtree and Nelson were recorded present at this RELATING TO SENTENCING; AMENDING SECTION order of business. 19-2521, IDAHO CODE, TO PROVIDE FOR A POLICY OF SENTENCING FOR PERSONS CONVICTED OF A The President announced that SJM 101 was before the CRIME, TO PROVIDE FOR CERTAIN FACTORS THAT Senate for final consideration, the question being, "Shall the SHALL BE ACCORDED WEIGHT IN FAVOR OF AVOIDING memorial be adopted?" A SENTENCE OF IMPRISONMENT, TO PROVIDE FOR CERTAIN FACTORS THAT SHALL BE ACCORDED On motion by Senator Brackett, seconded by Senator Bair, WEIGHT IN FAVOR OF A SENTENCE OF IMPRISONMENT, SJM 101 was adopted by voice vote, title was approved, and the AND TO DEFINE A TERM. memorial ordered transmitted to the House. On request by Senator Winder, granted by unanimous S 1119 consent, the committee report of the Gubernatorial BY JUDICIARY AND RULES COMMITTEE re-appointment confirmation of Gary Spackman retained its AN ACT place on the calendar for Monday, February 18, 2019. RELATING TO CIVIL ACTIONS; AMENDING SECTION 11-101, IDAHO CODE, TO PROVIDE FOR AN ORDER The Senate advanced to the Eleventh Order of Business. OF RENEWAL FOR AN EXECUTION ON CERTAIN Introduction, First Reading, and Reference of Bills, JUDGMENTS. House Petitions, Resolutions, and Memorials S 1120 S 1115 BY JUDICIARY AND RULES COMMITTEE BY FINANCE COMMITTEE AN ACT AN ACT RELATING TO BAIL; AMENDING SECTION 19-2915, RELATING TO THE APPROPRIATION TO THE IDAHO CODE, TO PROVIDE FOR A SURETY INSURANCE LEGISLATIVE BRANCH FOR FISCAL YEAR 2019; COMPANY; AND AMENDING SECTION 19-2922, IDAHO APPROPRIATING ADDITIONAL MONEYS TO THE CODE, TO PROVIDE FOR A SURETY INSURANCE LEGISLATIVE BRANCH FOR FISCAL YEAR 2019; AND COMPANY, TO PROVIDE THAT BAIL SHALL BE DECLARING AN EMERGENCY. EXONERATED IN CERTAIN INSTANCES, AND TO MAKE A TECHNICAL CORRECTION. S 1116 BY JUDICIARY AND RULES COMMITTEE S 1121 AN ACT BY JUDICIARY AND RULES COMMITTEE RELATING TO THE LIQUOR ACCOUNT; AMENDING AN ACT SECTION 23-404, IDAHO CODE, TO REVISE PROVISIONS RELATING TO HOSPITALIZATION OF THE MENTALLY REGARDING APPROPRIATIONS FOR CERTAIN FISCAL ILL; AMENDING SECTION 66-329, IDAHO CODE, YEARS AND TO MAKE TECHNICAL CORRECTIONS; TO PROVIDE THAT CERTAIN PATIENTS MAY BE AND DECLARING AN EMERGENCY AND PROVIDING COMMITTED WHEN DETERMINED TO BE DANGEROUS RETROACTIVE APPLICATION. AND MENTALLY ILL.

S 1117 S 1122 BY JUDICIARY AND RULES COMMITTEE BY JUDICIARY AND RULES COMMITTEE AN ACT AN ACT RELATING TO MALICIOUS HARASSMENT; AMENDING RELATING TO JUVENILES; AMENDING SECTION SECTION 18-7907, IDAHO CODE, TO REVISE PROVISIONS 19-4708, IDAHO CODE, TO PROVIDE FOR JUVENILE REGARDING CONDUCT FOR A PETITION FOR A OFFENDERS, TO REVISE A DEFINITION, AND TO 100 SENATE JOURNAL February 14, 2019]

MAKE A TECHNICAL CORRECTION; AMENDING The Senate advanced to the Twelfth Order of Business. SECTION 20-520, IDAHO CODE, TO PROVIDE FOR A CERTAIN MONTHLY PROBATION SUPERVISION FEE, Second Reading of Bills TO PROVIDE THAT THE CLERK OF THE COURT MAY S 1077, by Finance Committee, was read the second time at USE CERTAIN PROCEDURES REGARDING DEBTS, length and filed for third reading. TO PROVIDE A CORRECT CODE REFERENCE, AND TO MAKE A TECHNICAL CORRECTION; AMENDING S 1064, by Transportation Committee, was read the second SECTION 20-529, IDAHO CODE, TO PROVIDE THAT time at length and filed for third reading. COUNTY JUVENILE PROBATION SERVICES MAY BE S 1013, by Commerce and Human Resources Committee, PAID FOR FROM CERTAIN FUNDS; AND AMENDING was read the second time at length and filed for third reading. SECTION 20-532, IDAHO CODE, TO PROVIDE A CORRECT CODE REFERENCE AND TO MAKE A TECHNICAL The Senate advanced to the Thirteenth Order of Business. CORRECTION. Third Reading of Bills On request by Senator Anthon, granted by unanimous S 1123 consent, S 1020 was recommitted to the State Affairs Committee. BY JUDICIARY AND RULES COMMITTEE AN ACT S 1047 was read the third time at length, section by section, RELATING TO COURTS; AMENDING SECTION 1-1624, and placed before the Senate for final consideration. Senator Den IDAHO CODE, TO REVISE A DEFINITION AND TO Hartog arose as sponsor of the bill and opened the debate. The REMOVE A PROVISION REGARDING DEBTS LESS THAN question being, "Shall the bill pass?" FIFTY DOLLARS. Roll call resulted as follows: AYES–Agenbroad, Anthon, Bair, Bayer, Brackett, S 1124 Buckner-Webb, Burgoyne, Burtenshaw, Cheatham, Crabtree, BY JUDICIARY AND RULES COMMITTEE Den Hartog, Grow, Guthrie, Harris, Heider, Johnson, Jordan, AN ACT Lakey, Lee, Lent, Lodge, Martin, Mortimer, Nelson, Nye, RELATING TO DOMESTIC RELATIONS; REPEALING Patrick, Rice, Souza, Stennett, Thayn, Vick, Ward-Engelking, SECTION 32-719, IDAHO CODE, RELATING TO Winder, Woodward. Total - 34. VISITATION RIGHTS OF GRANDPARENTS AND GREAT-GRANDPARENTS; AND AMENDING TITLE 32, NAYS–None. IDAHO CODE, BY THE ADDITION OF A NEW CHAPTER Absent and excused–Hill. Total - 1. 18, TITLE 32, IDAHO CODE, TO PROVIDE LEGISLATIVE INTENT AND PURPOSE, TO DEFINE TERMS, TO Total - 35. ESTABLISH PROVISIONS REGARDING A PETITION Whereupon the President declared S 1047 passed, title was FOR VISITATION RIGHTS BY A GRANDPARENT OR approved, and the bill ordered transmitted to the House. GREAT-GRANDPARENT, TO ESTABLISH PROVISIONS REGARDING BEST INTERESTS OF A CHILD, TO H 62 was read the third time at length, section by section, PROVIDE THAT A PETITION MAY NOT BE FILED AND and placed before the Senate for final consideration. Senator A CERTAIN ACTION OR ORDER MUST BE SUSPENDED Burgoyne arose as sponsor of the bill and opened the debate. IF A CHILD IS THE SUBJECT OF A PENDING CHILD The question being, "Shall the bill pass?" PROTECTION CASE, AND TO PROVIDE THAT AN ACTION OR ORDER MAY RESUME AT THE CLOSE Roll call resulted as follows: OF THE CHILD PROTECTION CASE UNDER CERTAIN AYES–Agenbroad, Anthon, Bair, Bayer, Brackett, CIRCUMSTANCES. Buckner-Webb, Burgoyne, Burtenshaw, Cheatham, Crabtree, Den Hartog, Grow, Guthrie, Harris, Heider, Hill, Johnson, S 1115, S 1116, S 1117, S 1118, S 1119, S 1120, S 1121, Jordan, Lakey, Lee, Lent, Lodge, Martin, Mortimer, Nelson, Nye, S 1122, S 1123, and S 1124 were introduced, read the first time Patrick, Rice, Souza, Stennett, Thayn, Vick, Ward-Engelking, at length, and referred to the Judiciary and Rules Committee for Winder, Woodward. Total - 35. printing. Whereupon the President declared H 62 passed, title was approved, and the bill ordered returned to the House. H 2, as amended in the Senate, by Transportation and Defense Committee, was read the first time at length and filed S 1049 was read the third time at length, section by section, for second reading. and placed before the Senate for final consideration. Senator Den Hartog arose as sponsor of the bill and opened the debate. The S 1005, as amended, by Judiciary and Rules Committee, was question being, "Shall the bill pass?" read the first time at length and filed for second reading. Roll call resulted as follows: H 67 and H 80, by Resources and Conservation Committee, were introduced, read the first time at length, and referred to the AYES–Agenbroad, Anthon, Bair, Bayer, Brackett, Resources and Environment Committee. Burtenshaw, Cheatham, Crabtree, Den Hartog, Grow, Guthrie, Harris, Heider, Hill, Johnson, Lakey, Lee, Lent, Lodge, Martin, H 68, by Commerce and Human Resources Committee, was Mortimer, Nelson, Patrick, Rice, Souza, Thayn, Vick, Winder, introduced, read the first time at length, and referred to the State Woodward. Total - 29. Affairs Committee. NAYS–Buckner-Webb, Burgoyne, Jordan, Nye, Stennett, Ward-Engelking. Total - 6. [February 14, 2019 SENATE JOURNAL 101

Total - 35. Jordan, Lakey, Lee, Lent, Lodge, Martin, Mortimer, Nelson, Nye, Patrick, Rice, Souza, Stennett, Thayn, Vick, Ward-Engelking, Whereupon the President declared S 1049 passed, title was Winder, Woodward. Total - 35. approved, and the bill ordered transmitted to the House. Whereupon the President declared S 1043 passed, title was On request by Senator Winder, granted by unanimous approved, and the bill ordered transmitted to the House. consent, SJR 101 retained its place on the Third Reading Calendar for Monday, February 18, 2019. On request by Senator Winder, granted by unanimous consent, the Senate advanced to the Fifteenth Order of Business. H 31 was read the third time at length, section by section, and placed before the Senate for final consideration. Senator Thayn Miscellaneous Business arose as sponsor of the bill and opened the debate. The question being, "Shall the bill pass?" On motion by Senator Winder, seconded by Senator Jordan, by voice vote, the Senate adjourned at 12:01 p.m. until the hour Roll call resulted as follows: of 10:45 a.m., Friday, February 15, 2019. AYES–Agenbroad, Anthon, Bair, Bayer, Brackett, JANICE MCGEACHIN, President Buckner-Webb, Burgoyne, Burtenshaw, Cheatham, Crabtree, Den Hartog, Grow, Guthrie, Harris, Heider, Hill, Johnson, Attest: JENNIFER NOVAK, Secretary Jordan, Lakey, Lee, Lent, Lodge, Martin, Mortimer, Nelson, Nye, Patrick, Rice, Souza, Stennett, Thayn, Vick, Ward-Engelking, Winder, Woodward. Total - 35. Whereupon the President declared H 31 passed, title was approved, and the bill ordered returned to the House. H 32 was read the third time at length, section by section, and placed before the Senate for final consideration. Senator Lodge arose as sponsor of the bill and opened the debate. The question being, "Shall the bill pass?" Roll call resulted as follows: AYES–Agenbroad, Anthon, Bair, Bayer, Brackett, Buckner-Webb, Burgoyne, Burtenshaw, Cheatham, Crabtree, Den Hartog, Grow, Guthrie, Harris, Heider, Hill, Johnson, Jordan, Lakey, Lee, Lent, Lodge, Martin, Mortimer, Nelson, Nye, Patrick, Rice, Souza, Stennett, Thayn, Vick, Ward-Engelking, Winder, Woodward. Total - 35. Whereupon the President declared H 32 passed, title was approved, and the bill ordered returned to the House. H 34 was read the third time at length, section by section, and placed before the Senate for final consideration. Senator Cheatham arose as sponsor of the bill and opened the debate. The question being, "Shall the bill pass?" Roll call resulted as follows: AYES–Agenbroad, Anthon, Bair, Bayer, Brackett, Buckner-Webb, Burgoyne, Burtenshaw, Cheatham, Crabtree, Den Hartog, Grow, Guthrie, Harris, Heider, Hill, Johnson, Jordan, Lakey, Lee, Lent, Lodge, Martin, Mortimer, Nelson, Nye, Patrick, Rice, Souza, Stennett, Thayn, Vick, Ward-Engelking, Winder, Woodward. Total - 35. Whereupon the President declared H 34 passed, title was approved, and the bill ordered returned to the House. S 1043 was read the third time at length, section by section, and placed before the Senate for final consideration. Senator Grow arose as sponsor of the bill and opened the debate. The question being, "Shall the bill pass?" Roll call resulted as follows: AYES–Agenbroad, Anthon, Bair, Bayer, Brackett, Buckner-Webb, Burgoyne, Burtenshaw, Cheatham, Crabtree, Den Hartog, Grow, Guthrie, Harris, Heider, Hill, Johnson, 102 SENATE JOURNAL February 15, 2019]

SENATE JOURNAL WHEREAS, even if enacted, a law may be repealed or waived by a future Congress and President; and OF THE WHEREAS, an amendment to the United States Constitution does not require the President's approval and cannot be waived by a future Congress and President. IDAHO LEGISLATURE NOW, THEREFORE, BE IT RESOLVED by the members of the First Regular Session of the Sixty-fifth Idaho Legislature, FIRST REGULAR SESSION the Senate and the House of Representatives concurring therein, SIXTY-FIFTH LEGISLATURE that we hereby urge the United States Congress to vote to propose the Regulation Freedom Amendment to the United States Constitution as follows: Whenever one quarter of the members of the United States House of Representatives FORTIETH LEGISLATIVE DAY or the United States Senate transmits to the FRIDAY, FEBRUARY 15, 2019 President their written declaration of opposition to a proposed federal regulation, it shall require a majority vote of the House of Representatives Senate Chamber and the Senate to adopt that regulation. BE IT FURTHER RESOLVED that the Secretary of the President McGeachin called the Senate to order at 10:45 a.m. Senate be, and she is hereby authorized and directed to forward Roll call showed all members present except Senator a copy of this Memorial to the President of the Senate and the Ward-Engelking, absent and formally excused by the Chair. Speaker of the House of Representatives of Congress, and to the congressional delegation representing the State of Idaho in the Prayer was offered by Senator Michelle Stennett. Congress of the United States. The Pledge of Allegiance was led by Olivia Love, Page. SJM 102 was introduced, read at length, and referred to the Judiciary and Rules Committee for printing. The Senate advanced to the Third Order of Business. The Senate advanced to the Sixth Order of Business. Reading and Correction of the Journal

The JUDICIARY AND RULES Committee reports that the Reports of Standing Committees Senate Journal of the proceedings of February 14, 2019, was read and approved as corrected. February 15, 2019 LAKEY, Chairman The JUDICIARY AND RULES Committee reports that S 1115, S 1116, S 1117, S 1118, S 1119, S 1120, S 1121, S 1122, There being no objection, the report was adopted and ordered S 1123, and S 1124 have been correctly printed. filed in the office of the Secretary of the Senate. LAKEY, Chairman On request by Senator Vick, granted by unanimous consent, the Senate advanced to the Fifth Order of Business. S 1115 was referred to the Finance Committee. Petitions, Resolutions, and Memorials S 1116, S 1117, S 1118, S 1119, S 1120, S 1121, S 1122, S 1123, and S 1124 were referred to the Judiciary and Rules SJM 102 Committee. BY STATE AFFAIRS COMMITTEE A JOINT MEMORIAL TO THE SENATE AND HOUSE OF REPRESENTATIVES OF February 14, 2019 THE UNITED STATES IN CONGRESS ASSEMBLED, AND TO THE CONGRESSIONAL DELEGATION REPRESENTING The COMMERCE AND HUMAN RESOURCES THE STATE OF IDAHO IN THE CONGRESS OF THE Committee reports out S 1006, S 1012, and S 1053 with the UNITED STATES. recommendation that they do pass. We, your Memorialists, the Senate and the House of PATRICK, Chairman Representatives of the State of Idaho assembled in the First Regular Session of the Sixty-fifth Idaho Legislature, do hereby S 1006, S 1012, and S 1053 were filed for second reading. respectfully represent that: WHEREAS, the growth and abuse of federal regulatory authority threatens our constitutional liberties, including those February 14, 2019 guaranteed by the Bill of Rights in the First, Second, Fourth, and Fifth Amendments of our Constitution; and The COMMERCE AND HUMAN RESOURCES WHEREAS, federal regulators must be more accountable to Committee reports out S 1070 with the recommendation that it elected representatives of the people and not immune from such be referred to the Fourteenth Order of Business for amendment. accountability; and WHEREAS, the United States House of Representatives has PATRICK, Chairman passed the Regulations from the Executive in Need of Scrutiny There being no objection, S 1070 was referred to the (REINS) Act to require that Congress approve major new federal Fourteenth Order of Business, General Calendar. regulations before they can take effect; and [February 15, 2019 SENATE JOURNAL 103

February 14, 2019 February 14, 2019 The HEALTH AND WELFARE Committee reports out Dear Madam President: H 22, S 1054, S 1055, and S 1098 with the recommendation that they do pass. I transmit herewith Enrolled H 9 and H 38 for the signature of the President. MARTIN, Chairman MAULIN, Chief Clerk H 22, S 1054, S 1055, and S 1098 were filed for second reading. The President signed Enrolled H 9 and H 38 and ordered them returned to the House. February 14, 2019 On request by Senator Vick, granted by unanimous consent, The EDUCATION Committee reports out S 1058, S 1105, the Senate advanced to the Eleventh Order of Business. and S 1107 with the recommendation that they do pass.

MORTIMER, Chairman Introduction, First Reading, and Reference of Bills, S 1058, S 1105, and S 1107 were filed for second reading. House Petitions, Resolutions, and Memorials February 14, 2019 S 1125 BY STATE AFFAIRS COMMITTEE The EDUCATION Committee reports out S 1060 with the AN ACT recommendation that it be referred to the Fourteenth Order of RELATING TO WAREHOUSES; AMENDING SECTION Business for amendment. 69-223, IDAHO CODE, TO PROVIDE FOR ELECTRONIC MORTIMER, Chairman NEGOTIABLE WAREHOUSE RECEIPTS AND TO MAKE TECHNICAL CORRECTIONS. There being no objection, S 1060 was referred to the Fourteenth Order of Business, General Calendar. S 1126 BY STATE AFFAIRS COMMITTEE February 15, 2019 AN ACT The HEALTH AND WELFARE Committee reports it has RELATING TO PROVIDING MONEYS FOR HIGHWAY had under consideration the Gubernatorial appointment listed CONSTRUCTION AND MAINTENANCE; AMENDING below and the Committee recommends that said appointment be SECTION 40-719, IDAHO CODE, TO EXTEND AN confirmed by the Senate: EFFECTIVE DATE AND TO PROVIDE A FUNDING LIMITATION; AMENDING SECTION 57-814, IDAHO CODE, Allan Schneider to the Commission for the Blind and TO PROVIDE A FUNDING LIMITATION; AMENDING Visually Impaired, term to expire July 1, 2021. SECTION 13, CHAPTER 322, LAWS OF 2017, TO EXTEND A SUNSET DATE; PROVIDING SEVERABILITY; AND MARTIN, Chairman DECLARING AN EMERGENCY. The Gubernatorial appointment was referred to the Tenth Order of Business, Motions and Resolutions, and ordered held S 1127 at the Secretary's desk for one legislative day. BY STATE AFFAIRS COMMITTEE AN ACT February 15, 2019 RELATING TO THE INTERSTATE AGREEMENT ON DETAINERS; AMENDING SECTION 19-5007, IDAHO The STATE AFFAIRS Committee reports out H 64 and CODE, TO REVISE A PROVISION REGARDING THE HJM 1 with the recommendation that they do pass. ADMINISTRATOR OF THE AGREEMENT ON DETAINERS. LODGE, Chairman S 1125, S 1126, and S 1127 were introduced, read the first H 64 was filed for second reading. time at length, and referred to the Judiciary and Rules Committee for printing. HJM 1 was referred to the Tenth Order of Business, Motions and Resolutions, and ordered held at the Secretary's desk for one H 45, by Business Committee, was introduced, read the first legislative day. time at length, and referred to the Transportation Committee. On request by Senator Vick, granted by unanimous consent, H 46, by Business Committee, was introduced, read the the Senate advanced to the Ninth Order of Business. first time at length, and referred to the Commerce and Human Resources Committee. Messages from the House H 58 and H 59, by Health and Welfare Committee, were February 14, 2019 introduced, read the first time at length, and referred to the Health Dear Madam President: and Welfare Committee. I transmit herewith H 45, H 46, H 58, H 59, HCR 11, and HCR 11, by Agricultural Affairs Committee, was introduced, H 132, which have passed the House. read at length, and referred to the Agricultural Affairs Committee. MAULIN, Chief Clerk H 132, by Appropriations Committee, was introduced, read the first time at length, and referred to the Finance Committee. H 45, H 46, H 58, H 59, HCR 11, and H 132 were filed for first reading. The Senate advanced to the Twelfth Order of Business. 104 SENATE JOURNAL February 15, 2019]

Second Reading of Bills H 26, by Environment, Energy and Technology Committee, was read the second time at length and filed for third reading. H 44, by Resources and Conservation Committee, was read the second time at length and filed for third reading. S 1045, by Judiciary and Rules Committee, was read the second time at length and filed for third reading. H 8, H 18, and H 37, by Health and Welfare Committee, were read the second time at length and filed for third reading. H 2, as amended in the Senate, by Transportation and Defense Committee, was read the second time at length and filed for third reading. S 1005, as amended, by Judiciary and Rules Committee, was read the second time at length and filed for third reading. The Senate advanced to the Thirteenth Order of Business. Third Reading of Bills S 1029, having been held, 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?" Roll call resulted as follows: AYES–Anthon, Bair, Buckner-Webb, Burgoyne, Grow, Guthrie, Harris, Heider, Hill, Johnson, Jordan, Lakey, Lent, Lodge, Martin, Mortimer, Nelson, Nye, Patrick, Stennett, Thayn, Winder. Total - 22. NAYS–Agenbroad, Bayer, Brackett, Cheatham, Crabtree, Den Hartog, Lee, Rice, Souza, Vick, Woodward. Total - 11. Absent and excused–Burtenshaw, Ward-Engelking. Total - 2. Total - 35. Whereupon the President declared S 1029 passed, title was approved, and the bill ordered transmitted to the House. On request by Senator Vick, granted by unanimous consent, the Senate advanced to the Fifteenth Order of Business. Miscellaneous Business On motion by Senator Vick, seconded by Senator Stennett, by voice vote, the Senate adjourned at 11:29 a.m. until the hour of 10:45 a.m., Monday, February 18, 2019. JANICE MCGEACHIN, President Attest: JENNIFER NOVAK, Secretary [February 18, 2019 SENATE JOURNAL 105

SENATE JOURNAL On request by Senator Winder, granted by unanimous consent, the Senate advanced to the Ninth Order of Business. OF THE Messages from the House IDAHO LEGISLATURE February 15, 2019 FIRST REGULAR SESSION Dear Madam President: SIXTY-FIFTH LEGISLATURE I transmit herewith H 103, H 63, H 100, and H 105, which have passed the House. MAULIN, Chief Clerk

FORTY-THIRD LEGISLATIVE DAY H 103, H 63, H 100, and H 105 were filed for first reading. MONDAY, FEBRUARY 18, 2019 February 15, 2019 Dear Madam President: Senate Chamber I return herewith SCR 101, which has passed the House. President McGeachin called the Senate to order at 10:45 a.m. MAULIN, Chief Clerk Roll call showed all members present except Senator Burtenshaw, absent and formally excused by the Chair; and SCR 101 was referred to the Judiciary and Rules Committee Senator Lodge, absent and excused. for enrolling. Prayer was offered by Chaplain Montie Ralstin. The Senate advanced to the Tenth Order of Business. The Pledge of Allegiance was led by Jakob Alt, Page. Motions and Resolutions The Senate advanced to the Third Order of Business. Having been held, The President announced that the Reading and Correction of the Journal Resources and Environment Committee report relative to the Gubernatorial re-appointment of Gary Spackman was before The JUDICIARY AND RULES Committee reports that the the Senate for final consideration, the question being, "Shall the Senate Journal of the proceedings of February 15, 2019, was read report be adopted?" and approved as corrected. On motion by Senator Bair, seconded by Senator Stennett, LAKEY, Chairman the Gubernatorial re-appointment of Gary Spackman as the Director of the Idaho Department of Water Resources was There being no objection, the report was adopted and ordered confirmed by voice vote. filed in the office of the Secretary of the Senate. On request by Senator Winder, granted by unanimous The President declared the report adopted and directed the consent, the Senate advanced to the Sixth Order of Business. Secretary of the Senate to prepare a letter of the Gubernatorial re-appointment confirmation for her signature, attested to by the Reports of Standing Committees Secretary, to be transmitted to the Governor informing him of the action of the Senate. Senator Lodge was recorded present at this order of business. The President announced that the Health and Welfare February 18, 2019 Committee report relative to the Gubernatorial re-appointment The JUDICIARY AND RULES Committee reports that of Allan Schneider was before the Senate for final consideration, SJM 102, S 1125, S 1126, and S 1127 have been correctly the question being, "Shall the report be adopted?" printed. On motion by Senator Jordan, seconded by Senator Heider, LAKEY, Chairman the Gubernatorial re-appointment of Allan Schneider as a member of the Commission for the Blind and Visually Impaired SJM 102 was referred to the Tenth Order of Business, was confirmed by voice vote. Motions and Resolutions, and ordered held at the Secretary's desk for one legislative day. The President declared the report adopted and directed the Secretary of the Senate to prepare a letter of the Gubernatorial S 1125 was referred to the Agricultural Affairs Committee. re-appointment confirmation for her signature, attested to by the S 1126 was referred to the Transportation Committee. Secretary, to be transmitted to the Governor informing him of the action of the Senate. S 1127 was referred to the Judiciary and Rules Committee. The President announced that HCR 7 was before the Senate February 15, 2019 for final consideration, the question being, "Shall the resolution be adopted?" The FINANCE Committee reports out H 132 and S 1115 with the recommendation that they do pass. On motion by Senator Brackett, seconded by BAIR, Chairman Senator Ward-Engelking, HCR 7 was adopted by voice vote, title was approved, and the resolution ordered returned to the H 132 and S 1115 were filed for second reading. House. 106 SENATE JOURNAL February 18, 2019]

The President announced that HJM 1 was before the Senate AYES–Agenbroad, Anthon, Bair, Brackett, Buckner-Webb, for final consideration, the question being, "Shall the memorial Burgoyne, Cheatham, Crabtree, Grow, Guthrie, Harris, Heider, be adopted?" Hill, Jordan, Lakey, Lent, Martin, Mortimer, Nelson, Nye, Patrick, Souza, Stennett, Ward-Engelking, Winder. Total - 25. On motion by Senator Martin, seconded by Senator Jordan, HJM 1 was adopted by voice vote, title was approved, and the NAYS–Bayer, Den Hartog, Johnson, Lee, Lodge, Rice, memorial ordered returned to the House. Thayn, Vick, Woodward. Total - 9. The Senate advanced to the Eleventh Order of Business. Absent and excused–Burtenshaw. Total - 1. Introduction, First Reading, and Reference of Bills, Total - 35. House Petitions, Resolutions, and Memorials More than two-thirds having voted in the affirmative, the S 1128 President declared SJR 101 adopted, title was approved, and the BY FINANCE COMMITTEE resolution ordered transmitted to the House. AN ACT RELATING TO THE APPROPRIATION TO THE OFFICE OF On request by Senator Winder, granted by unanimous INFORMATION TECHNOLOGY SERVICES FOR FISCAL consent, the Senate advanced to the Fifteenth Order of Business. YEAR 2019; APPROPRIATING ADDITIONAL MONEYS TO THE OFFICE OF INFORMATION TECHNOLOGY SERVICES Miscellaneous Business FOR FISCAL YEAR 2019; AUTHORIZING ADDITIONAL On motion by Senator Winder, seconded by Senator Stennett, FULL-TIME EQUIVALENT POSITIONS; AND DECLARING by voice vote, the Senate adjourned at 12:14 p.m. until the hour AN EMERGENCY. of 10:45 a.m., Tuesday, February 19, 2019. S 1128 was introduced, read the first time at length, and JANICE MCGEACHIN, President referred to the Judiciary and Rules Committee for printing. Attest: JENNIFER NOVAK, Secretary H 103, by Revenue and Taxation Committee, was introduced, read the first time at length, and referred to the Local Government and Taxation Committee. H 63 and H 100, by State Affairs Committee, were introduced, read the first time at length, and referred to the State Affairs Committee. H 105, by Transportation and Defense Committee, was introduced, read the first time at length, and referred to the Transportation Committee. The Senate advanced to the Twelfth Order of Business. Second Reading of Bills S 1006, S 1012, and S 1053, by Commerce and Human Resources Committee, were read the second time at length and filed for third reading. H 22, by Health and Welfare Committee, was read the second time at length and filed for third reading. S 1054, S 1055, and S 1098, by Health and Welfare Committee, were read the second time at length and filed for third reading. S 1058, S 1105, and S 1107, by Education Committee, were read the second time at length and filed for third reading. H 64, by State Affairs Committee, was 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 101, having been held, was read the third time at length, section by section, and placed before the Senate for final consideration. Senator Lakey arose as sponsor of the resolution and opened the debate. The question being, "Shall the resolution be adopted?" Roll call resulted as follows: [February 19, 2019 SENATE JOURNAL 107

SENATE JOURNAL S 1119, S 1123, S 1091, S 1122, S 1116, S 1117, and S 1093 were filed for second reading. OF THE February 18, 2019 IDAHO LEGISLATURE The RESOURCES AND ENVIRONMENT Committee reports out S 1083, S 1084, S 1085, and S 1086 with the FIRST REGULAR SESSION recommendation that they do pass. SIXTY-FIFTH LEGISLATURE HEIDER, Chairman S 1083, S 1084, S 1085, and S 1086 were filed for second reading. FORTY-FOURTH LEGISLATIVE DAY February 18, 2019 TUESDAY, FEBRUARY 19, 2019 The RESOURCES AND ENVIRONMENT Committee reports it has had under consideration the Gubernatorial Senate Chamber appointments listed below and the Committee recommends that said appointments be confirmed by the Senate: President McGeachin called the Senate to order at 10:45 a.m. Ford Elsaesser to the Lake Pend Oreille Basin Commission, Roll call showed all members present except Senator term to expire July 24, 2021. Burtenshaw, absent and formally excused by the Chair; and Senator Lodge, absent and excused. Louis Fatkin to the Parks and Recreation Board, term to expire June 30, 2023. Prayer was offered by Chaplain Montie Ralstin. HEIDER, Chairman The Pledge of Allegiance was led by Katie Angell, Page. The Gubernatorial appointments were 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 Senator Lodge was recorded present at this order of business. The JUDICIARY AND RULES Committee reports that the Senate Journal of the proceedings of February 18, 2019, was read February 18, 2019 and approved as corrected. The EDUCATION Committee reports out HCR 6 and LAKEY, Chairman S 1057 with the recommendation that they do pass. There being no objection, the report was adopted and ordered MORTIMER, Chairman filed in the office of the Secretary of the Senate. HCR 6 was referred to the Tenth Order of Business, Motions On request by Senator Winder, granted by unanimous and Resolutions, and ordered held at the Secretary's desk for one consent, the Senate advanced to the Sixth Order of Business. legislative day. Reports of Standing Committees S 1057 was filed for second reading. February 19, 2019 On request by Senator Winder, granted by unanimous The JUDICIARY AND RULES Committee reports that consent, the Senate advanced to the Ninth Order of Business. S 1128 has been correctly printed. LAKEY, Chairman Messages from the House S 1128 was referred to the Finance Committee. February 18, 2019 February 18, 2019 Dear Madam President: The JUDICIARY AND RULES Committee reports that I transmit herewith H 88, HCR 10, and HJM 4, which have SCR 101 has been correctly enrolled. passed the House. LAKEY, Chairman MAULIN, Chief Clerk The President signed Enrolled SCR 101 and ordered it H 88, HCR 10, and HJM 4 were filed for first reading. transmitted to the House for the signature of the Speaker. February 18, 2019 February 18, 2019 Dear Madam President: The JUDICIARY AND RULES Committee reports out S 1119, S 1123, S 1091, S 1122, S 1116, S 1117, and S 1093 with I return herewith S 1024 and S 1039, which have passed the the recommendation that they do pass. House. LAKEY, Chairman MAULIN, Chief Clerk 108 SENATE JOURNAL February 19, 2019]

S 1024 and S 1039 were referred to the Judiciary and Rules GROUNDS FOR REVOCATION OR SUSPENSION OF Committee for enrolling. DENTAL THERAPISTS; AMENDING SECTION 54-930, IDAHO CODE, TO PROVIDE EXCEPTIONS AND TO MAKE February 18, 2019 TECHNICAL CORRECTIONS; AMENDING SECTION Dear Madam President: 54-932, IDAHO CODE, TO PROVIDE REQUIREMENTS FOR LOST OR DESTROYED DENTAL THERAPIST I transmit herewith Enrolled H 62, H 31, H 32, and H 34 for CERTIFICATES OR LICENSES; AND AMENDING the signature of the President. SECTION 54-935, IDAHO CODE, TO PROVIDE FOR DENTAL THERAPISTS AND TO MAKE TECHNICAL MAULIN, Chief Clerk CORRECTIONS. The President signed Enrolled H 62, H 31, H 32, and S 1129 was introduced, read the first time at length, and H 34 and ordered them returned to the House. referred to the Judiciary and Rules Committee for printing. The Senate advanced to the Tenth Order of Business. H 88, by Transportation and Defense Committee, was introduced, read the first time at length, and referred to the Motions and Resolutions Transportation Committee. The President announced that SJM 102 was before the HCR 10 and HJM 4, by Resources and Conservation Senate for final consideration, the question being, "Shall the Committee, were introduced, read at length, and referred to the memorial be adopted?" Resources and Environment Committee. On motion by Senator Vick, seconded by Senator Harris, The Senate advanced to the Twelfth Order of Business. SJM 102 was adopted by voice vote, title was approved, and the memorial ordered transmitted to the House. Second Reading of Bills The Senate advanced to the Eleventh Order of Business. H 132, by Appropriations 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 S 1115, by Finance Committee, was read the second time at length and filed for third reading. S 1129 BY JUDICIARY AND RULES COMMITTEE The Senate advanced to the Thirteenth Order of Business. AN ACT Third Reading of Bills RELATING TO DENTISTS; AMENDING SECTION 54-900, IDAHO CODE, TO PROVIDE FOR DENTAL THERAPISTS; H 43 was read the third time at length, section by section, and AMENDING CHAPTER 9, TITLE 54, IDAHO CODE, BY placed before the Senate for final consideration. Senator Thayn THE ADDITION OF A NEW SECTION 54-902A, IDAHO arose as sponsor of the bill and opened the debate. The question CODE, TO DEFINE A TERM; AMENDING SECTION being, "Shall the bill pass?" 54-903, IDAHO CODE, TO DEFINE A TERM AND TO Roll call resulted as follows: REVISE DEFINITIONS; AMENDING CHAPTER 9, TITLE 54, IDAHO CODE, BY THE ADDITION OF A NEW SECTION AYES–Agenbroad, Anthon, Bair, Bayer, Brackett, 54-906A, IDAHO CODE, TO ESTABLISH PROVISIONS Buckner-Webb, Burgoyne, Cheatham, Crabtree, Den Hartog, REGARDING THE UNLAWFUL PRACTICE OF DENTAL Grow, Guthrie, Harris, Heider, Hill, Johnson, Jordan, Lakey, THERAPY; AMENDING SECTION 54-912, IDAHO CODE, Lee, Lent, Lodge, Martin, Mortimer, Nelson, Nye, Patrick, TO PROVIDE FOR DENTAL THERAPY; AMENDING Rice, Souza, Stennett, Thayn, Vick, Ward-Engelking, Winder, SECTION 54-913, IDAHO CODE, TO REVISE PROVISIONS Woodward. Total - 34. REGARDING CERTIFICATES OF QUALIFICATION AND LICENSES; AMENDING SECTION 54-915, IDAHO CODE, NAYS–None. TO PROVIDE FOR THE QUALIFICATIONS REQUIRED Absent and excused–Burtenshaw. Total - 1. OF DENTAL THERAPISTS; AMENDING SECTION 54-916, IDAHO CODE, TO PROVIDE FOR DENTAL THERAPISTS; Total - 35. AMENDING CHAPTER 9, TITLE 54, IDAHO CODE, BY Whereupon the President declared H 43 passed, title was THE ADDITION OF A NEW SECTION 54-916C, IDAHO approved, and the bill ordered returned to the House. CODE, TO PROVIDE FOR DENTAL THERAPY LICENSURE BY CREDENTIALS; AMENDING SECTION 54-918, S 1044 was read the third time at length, section by section, IDAHO CODE, TO REVISE PROVISIONS REGARDING and placed before the Senate for final consideration. Senator EXAMINATIONS; AMENDING SECTION 54-920, IDAHO Grow arose as sponsor of the bill and opened the debate. The CODE, TO PROVIDE FOR LICENSING AND LICENSE question being, "Shall the bill pass?" FEES FOR DENTAL THERAPISTS; AMENDING SECTION 54-922, IDAHO CODE, TO REQUIRE DISPLAY OF A Roll call resulted as follows: DENTAL THERAPY LICENSE; AMENDING SECTION AYES–Agenbroad, Anthon, Bair, Bayer, Brackett, 54-923, IDAHO CODE, TO PROVIDE FOR REVOCATION Buckner-Webb, Burgoyne, Cheatham, Crabtree, Den Hartog, OF A DENTAL THERAPY LICENSE; AMENDING Grow, Guthrie, Harris, Heider, Hill, Johnson, Jordan, Lakey, SECTION 54-924, IDAHO CODE, TO REVISE PROVISIONS Lee, Lent, Lodge, Martin, Mortimer, Nelson, Nye, Patrick, REGARDING GROUNDS OF REFUSAL, REVOCATION, Rice, Souza, Stennett, Thayn, Vick, Ward-Engelking, Winder, OR SUSPENSION OF DENTISTS; AMENDING CHAPTER Woodward. Total - 34. 9, TITLE 54, IDAHO CODE, BY THE ADDITION OF A NEW SECTION 54-926, IDAHO CODE, TO PROVIDE NAYS–None. [February 19, 2019 SENATE JOURNAL 109

Absent and excused–Burtenshaw. Total - 1. Absent and excused–Burtenshaw, Souza. Total - 2. Total - 35. Total - 35. Whereupon the President declared S 1044 passed, title was Whereupon the President declared that S 1064 had failed approved, and the bill ordered transmitted to the House. to pass the Senate and ordered the bill filed in the office of the Secretary of the Senate. S 1077 was read the third time at length, section by section, and placed before the Senate for final consideration. Senator S 1013 was read the third time at length, section by section, Johnson 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?" Martin 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–Agenbroad, Anthon, Bair, Bayer, Brackett, Buckner-Webb, Burgoyne, Cheatham, Crabtree, Den Hartog, AYES–Agenbroad, Anthon, Bair, Bayer, Brackett, Grow, Guthrie, Harris, Heider, Hill, Johnson, Jordan, Lakey, Buckner-Webb, Burgoyne, Cheatham, Crabtree, Den Hartog, Lee, Lent, Lodge, Martin, Mortimer, Nelson, Nye, Patrick, Grow, Guthrie, Harris, Heider, Hill, Johnson, Jordan, Lakey, Rice, Souza, Stennett, Thayn, Vick, Ward-Engelking, Winder, Lee, Lent, Lodge, Martin, Mortimer, Nelson, Nye, Patrick, Woodward. Total - 34. Rice, Souza, Stennett, Thayn, Vick, Ward-Engelking, Winder, NAYS–None. Woodward. Total - 34. Absent and excused–Burtenshaw. Total - 1. NAYS–None. Total - 35. Absent and excused–Burtenshaw. Total - 1. Whereupon the President declared S 1077 passed, title was Total - 35. approved, and the bill ordered transmitted to the House. Whereupon the President declared S 1013 passed, title was S 1064 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 Rice arose as sponsor of the bill and opened the debate. The question On request by Senator Winder, granted by unanimous being, "Shall the bill pass?" consent, the Senate advanced to the Fifteenth Order of Business. On request by Senator Johnson that S1064 be referred to the Miscellaneous Business Fourteenth Order of Business. Senator Rice objected. On motion by Senator Winder, seconded by Senator Stennett, Moved by Senator Johnson, seconded by by voice vote, the Senate adjourned at 12:03 p.m. until the hour Senator Den Hartog, that S 1064 be referred to the Fourteenth of 10:30 a.m., Wednesday, February 20, 2019. Order of Business for amendment. The question being, "Shall the motion prevail?" JANICE MCGEACHIN, President Roll call vote was requested by Senator Johnson. Attest: JENNIFER NOVAK, Secretary Roll call resulted as follows: AYES–Buckner-Webb, Den Hartog, Harris, Johnson, Nye, Patrick, Ward-Engelking. Total - 7. NAYS–Agenbroad, Anthon, Bair, Bayer, Brackett, Burgoyne, Cheatham, Crabtree, Grow, Guthrie, Heider, Hill, Jordan, Lakey, Lee, Lent, Lodge, Martin, Mortimer, Nelson, Rice, Stennett, Thayn, Vick, Winder, Woodward. Total - 26. Absent and excused–Burtenshaw, Souza. Total - 2. Total - 35. Whereupon the President declared that the motion to refer S 1064 to the Fourteenth Order of Business for amendment did not prevail. The question being, "Shall S 1064 pass?" Roll call resulted as follows: AYES–Agenbroad, Brackett, Buckner-Webb, Burgoyne, Grow, Hill, Jordan, Lent, Lodge, Martin, Nelson, Nye, Rice, Stennett, Winder. Total - 15. NAYS–Anthon, Bair, Bayer, Cheatham, Crabtree, Den Hartog, Guthrie, Harris, Heider, Johnson, Lakey, Lee, Mortimer, Patrick, Thayn, Vick, Ward-Engelking, Woodward. Total - 18. 110 SENATE JOURNAL February 20, 2019]

SENATE JOURNAL February 19, 2019 The FINANCE Committee reports out S 1128 with the OF THE recommendation that it do pass. IDAHO LEGISLATURE BAIR, Chairman S 1128 was filed for second reading. FIRST REGULAR SESSION SIXTY-FIFTH LEGISLATURE February 19, 2019 The TRANSPORTATION Committee reports out S 1065 with the recommendation that it do pass. BRACKETT, Chairman FORTY-FIFTH LEGISLATIVE DAY S 1065 was filed for second reading. WEDNESDAY, FEBRUARY 20, 2019 February 19, 2019

Senate Chamber The COMMERCE AND HUMAN RESOURCES Committee reports out H 3, H 4, S 1011, S 1048, and S 1073 with President McGeachin called the Senate to order at 10:30 a.m. the recommendation that they do pass. Roll call showed all members present except Senators Lodge, PATRICK, Chairman Souza, and Thayn, absent and excused. H 3, H 4, S 1011, S 1048, and S 1073 were filed for second Prayer was offered by Chaplain Montie Ralstin. reading. The Pledge of Allegiance was led by Bret Bagley, Page. February 19, 2019 The Senate advanced to the Third Order of Business. The HEALTH AND WELFARE Committee reports out HCR 3, S 1075, and S 1096 with the recommendation that they Reading and Correction of the Journal do pass. The JUDICIARY AND RULES Committee reports that the MARTIN, Chairman Senate Journal of the proceedings of February 19, 2019, was read and approved as corrected. HCR 3 was referred to the Tenth Order of Business, Motions and Resolutions, and ordered held at the Secretary's desk for one LAKEY, Chairman legislative day. There being no objection, the report was adopted and ordered S 1075 and S 1096 were filed for second reading. filed in the office of the Secretary of the Senate. Senators Souza and Thayn were recorded present at this order On request by Senator Winder, granted by unanimous of business. 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 February 20, 2019 February 19, 2019 The JUDICIARY AND RULES Committee reports that S 1129 has been correctly printed. Dear Madam President: LAKEY, Chairman I transmit herewith H 71, H 73, H 94, H 114, H 116, H 134, HCR 15, and HJM 9, which have passed the House. S 1129 was referred to the Health and Welfare Committee. MAULIN, Chief Clerk February 19, 2019 H 71, H 73, H 94, H 114, H 116, H 134, HCR 15, and The JUDICIARY AND RULES Committee reports that HJM 9 were filed for first reading. S 1024 and S 1039 have been correctly enrolled. February 19, 2019 LAKEY, Chairman Dear Madam President: The President signed Enrolled S 1024 and S 1039 and I return herewith S 1041, which has passed the House. ordered them transmitted to the House for the signature of the Speaker. MAULIN, Chief Clerk February 19, 2019 S 1041 was referred to the Judiciary and Rules Committee for enrolling. The AGRICULTURAL AFFAIRS Committee reports out H 60 with the recommendation that it do pass. The Senate advanced to the Tenth Order of Business. GUTHRIE, Chairman Motions and Resolutions H 60 was filed for second reading. Senator Lodge was recorded present at this order of business. [February 20, 2019 SENATE JOURNAL 111

The President announced that the Resources and Third Reading of Bills Environment Committee report relative to the Gubernatorial appointment of Ford Elsaesser was before the Senate for final H 26 was read the third time at length, section by section, and consideration, the question being, "Shall the report be adopted?" placed before the Senate for final consideration. Senator Guthrie arose as sponsor of the bill and opened the debate. The question On motion by Senator Patrick, seconded by Senator Jordan, being, "Shall the bill pass?" the Gubernatorial appointment of Ford Elsaesser as a member of the Lake Pend Oreille Basin Commission was confirmed by voice Roll call resulted as follows: vote. AYES–Agenbroad, Anthon, Bair, Bayer, Brackett, The President declared the report adopted and directed the Buckner-Webb, Burgoyne, Burtenshaw, Cheatham, Crabtree, Secretary of the Senate to prepare a letter of the Gubernatorial Den Hartog, Grow, Guthrie, Harris, Heider, Hill, Johnson, appointment confirmation for her signature, attested to by the Jordan, Lakey, Lee, Lent, Lodge, Martin, Mortimer, Nelson, Nye, Secretary, to be transmitted to the Governor informing him of Patrick, Rice, Souza, Stennett, Thayn, Vick, Ward-Engelking, the action of the Senate. Winder, Woodward. Total - 35. On request by Senator Winder, granted by unanimous Whereupon the President declared H 26 passed, title was consent, the Senate advanced to the Eleventh Order of Business. approved, and the bill ordered returned to the House. Introduction, First Reading, and Reference of Bills, H 44 was read the third time at length, section by section, and House Petitions, Resolutions, and Memorials placed before the Senate for final consideration. Senator Johnson arose as sponsor of the bill and opened the debate. The question S 1130 being, "Shall the bill pass?" BY FINANCE COMMITTEE Roll call resulted as follows: AN ACT RELATING TO THE APPROPRIATION TO THE DIVISION AYES–Agenbroad, Bair, Bayer, Brackett, Buckner-Webb, OF BUILDING SAFETY FOR FISCAL YEAR 2019; Burtenshaw, Grow, Guthrie, Harris, Heider, Hill, Johnson, APPROPRIATING ADDITIONAL MONEYS TO THE Jordan, Lakey, Lee, Lodge, Martin, Mortimer, Nelson, Nye, DIVISION OF BUILDING SAFETY FOR FISCAL YEAR Patrick, Souza, Stennett, Thayn, Vick, Ward-Engelking, Winder, 2019; AND DECLARING AN EMERGENCY. Woodward. Total - 28. S 1130 was introduced, read the first time at length, and NAYS–Anthon, Burgoyne, Cheatham, Crabtree, Den Hartog, referred to the Judiciary and Rules Committee for printing. Lent, Rice. Total - 7. H 71, by Business Committee, was introduced, read the Total - 35. first time at length, and referred to the Commerce and Human Whereupon the President declared H 44 passed, title was Resources Committee. approved, and the bill ordered returned to the House. H 73, by Business Committee, was introduced, read the first S 1045 was read the third time at length, section by section, time at length, and referred to the State Affairs Committee. and placed before the Senate for final consideration. Senator H 94, by Business Committee, was introduced, read the Lodge arose as sponsor of the bill and opened the debate. The first time at length, and referred to the Commerce and Human question being, "Shall the bill pass?" Resources Committee. Roll call resulted as follows: H 114 and H 116, by Judiciary, Rules and Administration Committee, were introduced, read the first time at length, and AYES–Agenbroad, Anthon, Bair, Bayer, Brackett, referred to the Judiciary and Rules Committee. Buckner-Webb, Burgoyne, Burtenshaw, Cheatham, Crabtree, Den Hartog, Grow, Guthrie, Harris, Heider, Hill, Johnson, H 134, by Commerce and Human Resources Committee, was Jordan, Lakey, Lee, Lent, Lodge, Martin, Mortimer, Nelson, Nye, introduced, read the first time at length, and referred to the State Patrick, Rice, Souza, Stennett, Thayn, Vick, Ward-Engelking, Affairs Committee. Winder, Woodward. Total - 35. HCR 15 and HJM 9, by Ways and Means Committee, were Whereupon the President declared S 1045 passed, title was introduced, read at length, and referred to the Resources and approved, and the bill ordered transmitted to the House. Environment Committee. On request by Senator Winder, granted by unanimous The Senate advanced to the Twelfth Order of Business. consent, all Senate bills were placed at the head of the Third Reading Calendar, followed by House bills amended in the Second Reading of Bills Senate, followed by House bills. S 1119, S 1123, S 1091, S 1122, S 1116, S 1117, and S 1093, On request by Senator Winder, granted by unanimous by Judiciary and Rules Committee, were read the second time at consent, the Senate advanced to the Fifteenth Order of Business. length and filed for third reading. Miscellaneous Business S 1083, S 1084, S 1085, and S 1086, by Resources and Environment Committee, were read the second time at length On motion by Senator Winder, seconded by Senator Stennett, and filed for third reading. by voice vote, the Senate adjourned at 11:27 a.m. until the hour of 10:30 a.m., Thursday, February 21, 2019. S 1057, by Education Committee, was read the second time at length and filed for third reading. JANICE MCGEACHIN, President The Senate advanced to the Thirteenth Order of Business. Attest: JENNIFER NOVAK, Secretary 112 SENATE JOURNAL February 21, 2019]

SENATE JOURNAL WHEREAS, free, fair, open, and mutually beneficial trade between our two countries will continue to strengthen the OF THE economies of both countries; and WHEREAS, in 2016, trade between the United States and Canada totaled over $1.7 billion in goods and services every day, IDAHO LEGISLATURE supporting nine million jobs in the United States and 2.1 million jobs in Canada; and FIRST REGULAR SESSION WHEREAS, in the more than 20 years since the United SIXTY-FIFTH LEGISLATURE States, Canada, and Mexico entered into the North American Free Trade Agreement (NAFTA), North American trade has tripled from $340 billion in 1993 to $1.2 trillion in 2016; and WHEREAS, on March 1, 2018, the United States announced tariffs on steel and aluminum, initially granting waivers to Canada FORTY-SIXTH LEGISLATIVE DAY and Mexico; and THURSDAY, FEBRUARY 21, 2019 WHEREAS, on June 30, 2018, the United States revoked the waivers, levying tariffs on both Canada and Mexico; and WHEREAS, on July 1, 2018, Canada imposed retaliatory Senate Chamber tariffs on United States products totaling $12.8 billion, and on July 5, 2018, Mexico imposed retaliatory tariffs on United States President McGeachin called the Senate to order at 10:30 a.m. products worth $3 billion; and Roll call showed all members present except Senators WHEREAS, North American integration under NAFTA Buckner-Webb and Mortimer, absent and formally excused by has helped to make the region more competitive in the world the Chair. economy by providing highly integrated and valuable supply chains, common rules, and harmonized regulations that increase Prayer was offered by Chaplain Montie Ralstin. the speed and global competitiveness of our businesses, driving investment and imbedding value in each others' economic The Pledge of Allegiance was led by Paige Evans, Page. success, and providing jobs in North American communities that depend on efficient and effective supply chains; and The Senate advanced to the Third Order of Business. WHEREAS, Canada and Mexico are, respectively, the no. 1 and no. 3 export markets for United States agricultural products; and Reading and Correction of the Journal WHEREAS, since NAFTA was signed in 1992, agricultural exports from the United States have increased from $8.7 billion The JUDICIARY AND RULES Committee reports that the in 1992 to $39 billion in 2017; and Senate Journal of the proceedings of February 20, 2019, was read WHEREAS, Canada was Idaho's largest trade partner in and approved as corrected. 2017, with total exports exceeding $845 million and total imports LAKEY, Chairman exceeding $1 billion; and WHEREAS, Canada, Mexico, and the United States have, There being no objection, the report was adopted and ordered in signing the United States, Mexico, and Canada Agreement filed in the office of the Secretary of the Senate. (USMCA), agreed to make targeted improvements to NAFTA that build on the enormously successful North American On request by Senator Winder, granted by unanimous partnership and our shared competitiveness in the global consent, the Senate advanced to the Fifth Order of Business. marketplace. NOW, THEREFORE, BE IT RESOLVED by the members of the First Regular Session of the Sixty-fifth Idaho Legislature, Petitions, Resolutions, and Memorials the Senate and the House of Representatives concurring therein, that we support the ratification of USMCA and urge Congress to ratify the agreement as soon as possible. SJM 103 BE IT FURTHER RESOLVED that we encourage President BY STATE AFFAIRS COMMITTEE Trump's administration to renew its original waiver on steel and A JOINT MEMORIAL aluminum tariffs for Canada and Mexico. TO THE PRESIDENT OF THE UNITED STATES, THE BE IT FURTHER RESOLVED that we call on Canada and SENATE AND THE HOUSE OF REPRESENTATIVES OF Mexico to remove retaliatory tariffs on all United States goods THE UNITED STATES IN CONGRESS ASSEMBLED, AND and services. THE CONGRESSIONAL DELEGATION REPRESENTING BE IT FURTHER RESOLVED that the Secretary of the THE STATE OF IDAHO IN THE CONGRESS OF THE Senate be, and she is hereby authorized and directed to forward UNITED STATES. a copy of this Memorial to the President of the United States, We, your Memorialists, the Senate and the House of to the President of the Senate and the Speaker of the House of Representatives of the State of Idaho assembled in the First Representatives of Congress, and to the congressional delegation Regular Session of the Sixty-fifth Idaho Legislature, do hereby representing the State of Idaho in the Congress of the United respectfully represent that: States. WHEREAS, the United States and Canada have one of the largest trading relationships in the world. Canada is the United SJM 103 was introduced, read at length, and referred to the States' largest export market, valued at $320 billion in goods and Judiciary and Rules Committee for printing. services, and the United States is Canada's largest export market, valued at $308 billion in goods and services; and The Senate advanced to the Sixth Order of Business. [February 21, 2019 SENATE JOURNAL 113

Reports of Standing Committees February 20, 2019 February 21, 2019 The EDUCATION Committee reports out S 1059 and S 1108 with the recommendation that they do pass. The JUDICIARY AND RULES Committee reports that S 1130 has been correctly printed. MORTIMER, Chairman LAKEY, Chairman S 1059 and S 1108 were filed for second reading. S 1130 was referred to the Finance Committee. February 20, 2019 February 20, 2019 The EDUCATION Committee reports out S 1104 with the recommendation that it be referred to the Fourteenth Order of The JUDICIARY AND RULES Committee reports that Business for amendment. S 1041 has been correctly enrolled. MORTIMER, Chairman LAKEY, Chairman There being no objection, S 1104 was referred to the The President signed Enrolled S 1041 and ordered it Fourteenth Order of Business, General Calendar. transmitted to the House for the signature of the Speaker. February 21, 2019 February 20, 2019 The HEALTH AND WELFARE Committee reports out The AGRICULTURAL AFFAIRS Committee reports it has H 59 and S 1129 with the recommendation that they do pass. had under consideration the Gubernatorial appointment listed below and the Committee recommends that said appointment be MARTIN, Chairman confirmed by the Senate: H 59 and S 1129 were filed for second reading. Celia Gould as the Director of the Department of Agriculture, term to continue at the pleasure of the Governor. On request by Senator Winder, granted by unanimous consent, the Senate advanced to the Ninth Order of Business. GUTHRIE, Chairman

The Gubernatorial appointment was referred to the Tenth Messages from the House Order of Business, Motions and Resolutions, and ordered held at the Secretary's desk for one legislative day. February 20, 2019 February 20, 2019 Dear Madam President: The STATE AFFAIRS Committee reports out S 1113 with I transmit herewith H 159, H 76, H 90, H 107, H 91, and the recommendation that it do pass. H 156, which have passed the House. LODGE, Chairman MAULIN, Chief Clerk S 1113 was filed for second reading. H 159, H 76, H 90, H 107, H 91, and H 156 were filed for first reading. February 20, 2019 February 20, 2019 The LOCAL GOVERNMENT AND TAXATION Committee reports out H 86 and H 87 with the recommendation Dear Madam President: that they do pass. I return herewith S 1030, which has passed the House. RICE, Chairman MAULIN, Chief Clerk H 86 and H 87 were filed for second reading. S 1030 was referred to the Judiciary and Rules Committee February 20, 2019 for enrolling. The RESOURCES AND ENVIRONMENT Committee February 20, 2019 reports out H 67 and S 1088 with the recommendation that they do pass. Dear Madam President: HEIDER, Chairman I transmit herewith Enrolled HCR 7 and HJM 1 for the signature of the President. H 67 and S 1088 were filed for second reading. MAULIN, Chief Clerk February 20, 2019 The President signed Enrolled HCR 7 and HJM 1 and The JUDICIARY AND RULES Committee reports out ordered them returned to the House. S 1109 with the recommendation that it be referred to the Fourteenth Order of Business for amendment. February 20, 2019 LAKEY, Chairman Dear Madam President: There being no objection, S 1109 was referred to the I return herewith Enrolled SCR 101, which has been signed Fourteenth Order of Business, General Calendar. by the Speaker. 114 SENATE JOURNAL February 21, 2019]

MAULIN, Chief Clerk Introduction, First Reading, and Reference of Bills, House Petitions, Resolutions, and Memorials Enrolled SCR 101 was referred to the Judiciary and Rules Committee for transmittal to the Office of the Secretary of State. S 1131 BY STATE AFFAIRS COMMITTEE The Senate advanced to the Tenth Order of Business. AN ACT RELATING TO TRAFFIC ENFORCEMENT; AMENDING Motions and Resolutions SECTION 49-1422, IDAHO CODE, TO PROVIDE CERTAIN PENALTIES FOR OVERTAKING A SCHOOL BUS AND TO On request by Senator Winder, granted by unanimous MAKE TECHNICAL CORRECTIONS. consent, the committee report of the Gubernatorial appointment confirmation of Louis Fatkin and HCR 6 retained their place on S 1132 the calendar. BY STATE AFFAIRS COMMITTEE AN ACT The President announced that HCR 3 was before the Senate RELATING TO UNCLAIMED PROPERTY; AMENDING for final consideration, the question being, "Shall the resolution SECTION 14-542, IDAHO CODE, TO PROVIDE FOR be adopted?" BROADBAND SERVICE, TO PROVIDE A CERTAIN EXEMPTION FOR A NONPROFIT CORPORATION, AND On motion by Senator Jordan, seconded by Senator Souza, TO MAKE TECHNICAL CORRECTIONS. HCR 3 was adopted by voice vote, title was approved, and the resolution ordered returned to the House. S 1133 BY JUDICIARY AND RULES COMMITTEE On motion by Senator Winder, seconded by Senator Stennett, AN ACT by voice vote, the following attaches were elected to fill the RELATING TO THE SPECIAL COMMITTEE ON CRIMINAL offices provided for by the Constitution of the State of Idaho and JUSTICE REINVESTMENT OVERSIGHT; AMENDING by statute: SECTION 67-456, IDAHO CODE, TO REVISE THE DATE Pages: WHEN THE COMMITTEE SHALL CEASE TO EXIST. Jakob Alt, McCall S 1134 Katie Angell, Rexburg BY JUDICIARY AND RULES COMMITTEE Bret Bagley, Rexburg AN ACT Paige Evans, Eagle RELATING TO JURIES; AMENDING SECTION 2-206, Alex Knowlton, Meridian IDAHO CODE, TO PROVIDE FOR COUNTY JURY LISTS, Taylor McMullin, Meridian TO PROVIDE THAT THE JURY COMMISSION MAY Makenna Moore, Mt. Home USE CERTAIN INFORMATION FROM THE SUPREME Lauren Pattee, Eagle COURT, TO PROVIDE THAT THE SUPREME COURT SHALL COMPILE AND MAINTAIN A MASTER JURY Whereupon the President instructed the Sergeant at Arms to LIST, AND TO PROVIDE THAT THE SUPREME COURT escort the attaches to the Desk at which time the Oath of Office MAY REQUEST CERTAIN INFORMATION; AMENDING was administered to the elected attaches and they were escorted SECTION 2-207, IDAHO CODE, TO REVISE PROVISIONS from the Chamber. REGARDING THE MANNER OF UPDATING MASTER AND COUNTY JURY LISTS AND TO PROVIDE FOR THE On request by Senator Winder, granted by unanimous METHOD AND TIMING OF UPDATING JURY LISTS; consent, the gubernatorial appointment of Louis Fatkin was AMENDING SECTION 2-208, IDAHO CODE, TO REVISE placed before the Senate for consideration at this time. A PROVISION REGARDING NAMES DRAWN FROM THE COUNTY JURY LIST AND TO MAKE TECHNICAL The President announced that the Resources and CORRECTIONS; AMENDING SECTION 2-210, IDAHO Environment Committee report relative to the Gubernatorial CODE, TO REVISE PROVISIONS REGARDING NAMES appointment of Louis Fatkin was before the Senate for final IN A JURY PANEL; AMENDING SECTION 2-212, IDAHO consideration, the question being, "Shall the report be adopted?" CODE, TO REVISE A PROVISION REGARDING A PERSON EXCUSED FROM JURY SERVICE; AMENDING SECTION On motion by Senator Mortimer, seconded by 2-213, IDAHO CODE, TO PROVIDE A CORRECT CODE Senator Stennett, the Gubernatorial appointment of Louis Fatkin REFERENCE; AND DECLARING AN EMERGENCY. as a member of the Parks and Recreation Board was confirmed by voice vote. S 1131, S 1132, S 1133, and S 1134 were introduced, read the first time at length, and referred to the Judiciary and Rules The President declared the report adopted and directed the Committee for printing. Secretary of the Senate to prepare a letter of the Gubernatorial appointment confirmation for her signature, attested to by the H 159, by Appropriations Committee, was introduced, read Secretary, to be transmitted to the Governor informing him of the first time at length, and referred to the Finance Committee. the action of the Senate. H 76, H 90, and H 107, by Transportation and Defense On request by Senator Winder, granted by unanimous Committee, were introduced, read the first time at length, and consent, HCR 6 retained its place on the calendar for Friday, referred to the Transportation Committee. February 22, 2019. The Senate advanced to the Eleventh Order of Business. [February 21, 2019 SENATE JOURNAL 115

H 91, by Local Government Committee, was introduced, SECTION 2. That Section 18-2509, Idaho Code, be, and the read the first time at length, and referred to the Local Government same is hereby repealed.". and Taxation Committee. CORRECTION TO TITLE H 156, by State Affairs Committee, was introduced, read the On page 1, delete lines 2 and 3, and insert: first time at length, and referred to the State Affairs Committee. "RELATING TO PRISONERS; AMENDING SECTION The Senate advanced to the Twelfth Order of Business. 18-2508, IDAHO CODE, TO REVISE A PROVISION REGARDING THE ESCAPE OR HARBORING OF Second Reading of Bills CERTAIN PERSONS AND TO PROVIDE A PENALTY; AND REPEALING SECTION 18-2509, IDAHO CODE, H 60, by Agricultural Affairs Committee, was read the RELATING TO PUNISHMENT FOR A VIOLATION second time at length and filed for third reading. OF THE PRECEDING SECTION.". S 1128, by Finance Committee, was read the second time at length and filed for third reading. SENATE AMENDMENT TO H 42 AMENDMENT TO SECTION 1 S 1065, by Transportation Committee, was read the second On page 1 of the printed bill, in line 12, delete "AND time at length and filed for third reading. DECISIONS"; and delete lines 23 and 24, and insert: "a counteroffer; or". H 3 and H 4, by Health and Welfare Committee, were read the second time at length and filed for third reading. CORRECTION TO TITLE S 1011, S 1048, and S 1073, by Commerce and Human On page 1, in line 5, delete "AND TO CLARIFY THAT Resources Committee, were read the second time at length and DECISIONS"; delete line 6; and in line 7, delete "SESSION". filed for third reading. SENATE AMENDMENT TO S 1007 S 1075 and S 1096, by Health and Welfare Committee, were AMENDMENT TO SECTION 12 read the second time at length and filed for third reading. On page 8 of the printed bill, in line 3, delete "includes" and insert: "is based on"; delete lines 5 and 6; and in line 7, delete On request by Senator Winder, granted by unanimous "ment" and insert: "judgment has been entered and execution consent, the Senate advanced to the Fourteenth Order of returned unsatisfied, may file a verified claim in the same case Business. in which the underlying judgment". General Calendar SENATE AMENDMENT TO S 1070 The President declared the Senate resolved into the AMENDMENT TO SECTION 2 Committee of the Whole and called Senator Vick to the Chair to On page 9 of the printed bill, in line 17, following "retirement preside during the sitting of the Committee of the Whole. benefit" insert: "and receiving any wages, as described in section Following the adjournment of the Committee of the Whole, 72-1328, Idaho Code,". the President called the Senate to order. SENATE AMENDMENT TO S 1060 Report of the Committee of the Whole AMENDMENT TO SECTION 1 On page 2 of the printed bill, delete lines 29 through 31, and Senator Vick, Chairman of the Committee of the Whole, insert: "to this section.". reported out S 1018, H 42, S 1007, S 1070, and S 1060, without recommendation, amended as follows: SENATE AMENDMENT TO S 1060 AMENDMENT TO SECTION 1 SENATE AMENDMENT TO S 1018 On page 2 of the printed bill, in line 40, following "training." AMENDMENT TO THE BILL insert: "A person for whom funding is made available pursuant to On page 1 of the printed bill, delete lines 5 through 12, and this subsection shall not be eligible for the advanced opportunities insert: scholarship described in section 33-4602, Idaho Code.". "SECTION 1. That Section 18-2508, Idaho Code, be, and the same is hereby amended to read as follows: The Committee also has S 1003 and S 1037 under consideration, reports progress, and begs leave to sit again. 18-2508. INMATES OF PERSONS COMMITTED TO PUBLIC INSTITUTIONS – ENTICING, AIDING VICK, Chairman TO ESCAPE, OR HARBORING OR EMPLOYING UNLAWFUL. (1) It shall be unlawful for any person, firm, On motion by Senator Vick, seconded by Senator Stennett, copartnership, corporation or association to knowingly entice, the report was adopted by voice vote. the escape of or harbor, employ, or aid, assist or abet in the S 1018, as amended, S 1007, as amended, S 1070, as escape, enticing, harboring or employment of any delinquent, amended, and S 1060, as amended, were referred to the Judiciary insane, feeble-minded or incorrigible person committed to, and Rules Committee for engrossing and the amendments thereto or confined in any institution maintained by the state for the were referred to the Judiciary and Rules Committee for printing. treatment, education or welfare of delinquent or feeble-minded, incorrigible or insane persons committed to or confined therein. H 42, as amended in the Senate, was filed for first reading (2) Any person who violates the provisions of subsection as amended, and the amendments thereto were referred to the (1) of this section shall be guilty of a misdemeanor and on Judiciary and Rules Committee for printing. conviction shall be punished by a fine not exceeding one thousand dollars ($1,000) or imprisonment in the county jail for On request by Senator Winder, granted by unanimous a period not exceeding one (1) year, or both. consent, the Senate returned to the Thirteenth Order of Business. 116 SENATE JOURNAL February 21, 2019]

Third Reading of Bills AYES–Agenbroad, Anthon, Bair, Bayer, Brackett, Burgoyne, Burtenshaw, Cheatham, Crabtree, Den Hartog, Grow, Guthrie, S 1005, as amended, was read the third time at length, section Harris, Heider, Hill, Johnson, Jordan, Lakey, Lee, Lent, Lodge, by section, and placed before the Senate for final consideration. Martin, Mortimer, Nelson, Nye, Patrick, Rice, Souza, Stennett, Senator Lakey arose as sponsor of the bill and opened the debate. Thayn, Vick, Ward-Engelking, Winder, Woodward. Total - 34. The question being, "Shall the bill pass?" NAYS–None. Roll call resulted as follows: Absent and excused–Buckner-Webb. Total - 1. AYES–Agenbroad, Anthon, Bair, Bayer, Brackett, Burgoyne, Burtenshaw, Cheatham, Crabtree, Den Hartog, Grow, Guthrie, Total - 35. Harris, Heider, Hill, Johnson, Jordan, Lakey, Lee, Lent, Lodge, Martin, Mortimer, Nelson, Nye, Patrick, Rice, Souza, Stennett, Whereupon the President declared S 1053 passed, title was Thayn, Vick, Ward-Engelking, Winder, Woodward. Total - 34. approved, and the bill ordered transmitted to the House. NAYS–None. S 1054 was read the third time at length, section by section, and placed before the Senate for final consideration. Senator Absent and excused–Buckner-Webb. Total - 1. Harris 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 1005, as amended, passed, title was approved, and the bill ordered AYES–Agenbroad, Anthon, Bair, Bayer, Brackett, Burgoyne, transmitted to the House. Burtenshaw, Cheatham, Crabtree, Den Hartog, Grow, Guthrie, Harris, Heider, Hill, Johnson, Jordan, Lakey, Lee, Lent, Lodge, S 1006 was read the third time at length, section by section, Martin, Mortimer, Nelson, Nye, Patrick, Rice, Souza, Stennett, and placed before the Senate for final consideration. Senator Thayn, Vick, Ward-Engelking, Winder, Woodward. Total - 34. Patrick arose as sponsor of the bill and opened the debate. The question being, "Shall the bill pass?" NAYS–None. Roll call resulted as follows: Absent and excused–Buckner-Webb. Total - 1. AYES–Agenbroad, Anthon, Bair, Bayer, Brackett, Burgoyne, Total - 35. Burtenshaw, Cheatham, Crabtree, Den Hartog, Grow, Guthrie, Harris, Heider, Hill, Johnson, Jordan, Lakey, Lee, Lent, Lodge, Whereupon the President declared S 1054 passed, title was Martin, Mortimer, Nelson, Nye, Patrick, Rice, Souza, Stennett, approved, and the bill ordered transmitted to the House. Thayn, Vick, Ward-Engelking, Winder, Woodward. Total - 34. S 1055 was read the third time at length, section by section, NAYS–None. and placed before the Senate for final consideration. Senator Souza arose as sponsor of the bill and opened the debate. The Absent and excused–Buckner-Webb. Total - 1. question being, "Shall the bill pass?" Total - 35. Roll call resulted as follows: Whereupon the President declared S 1006 passed, title was AYES–Agenbroad, Anthon, Bair, Bayer, Brackett, Burgoyne, approved, and the bill ordered transmitted to the House. Burtenshaw, Cheatham, Crabtree, Den Hartog, Grow, Guthrie, Harris, Heider, Hill, Johnson, Jordan, Lakey, Lee, Lent, Lodge, S 1012 was read the third time at length, section by section, Martin, Mortimer, Nelson, Nye, Patrick, Rice, Souza, Stennett, and placed before the Senate for final consideration. Senator Thayn, Vick, Ward-Engelking, Winder, Woodward. Total - 34. Thayn arose as sponsor of the bill and opened the debate. The question being, "Shall the bill pass?" NAYS–None. Roll call resulted as follows: Absent and excused–Buckner-Webb. Total - 1. AYES–Agenbroad, Anthon, Bair, Bayer, Brackett, Burgoyne, Total - 35. Burtenshaw, Cheatham, Crabtree, Den Hartog, Grow, Guthrie, Harris, Heider, Hill, Johnson, Jordan, Lakey, Lee, Lent, Lodge, Whereupon the President declared S 1055 passed, title was Martin, Mortimer, Nelson, Nye, Patrick, Rice, Souza, Stennett, approved, and the bill ordered transmitted to the House. Thayn, Vick, Ward-Engelking, Winder, Woodward. Total - 34. S 1098 was read the third time at length, section by section, NAYS–None. and placed before the Senate for final consideration. Senator Heider arose as sponsor of the bill and opened the debate. The Absent and excused–Buckner-Webb. Total - 1. question being, "Shall the bill pass?" Total - 35. Roll call resulted as follows: Whereupon the President declared S 1012 passed, title was AYES–Agenbroad, Anthon, Bair, Bayer, Brackett, Burgoyne, approved, and the bill ordered transmitted to the House. Burtenshaw, Cheatham, Crabtree, Den Hartog, Grow, Guthrie, Harris, Heider, Hill, Johnson, Jordan, Lakey, Lee, Lent, Lodge, S 1053 was read the third time at length, section by section, Martin, Mortimer, Nelson, Nye, Patrick, Rice, Souza, Stennett, and placed before the Senate for final consideration. Senator Thayn, Vick, Ward-Engelking, Winder, Woodward. Total - 34. Guthrie arose as sponsor of the bill and opened the debate. The question being, "Shall the bill pass?" NAYS–None. Roll call resulted as follows: Absent and excused–Buckner-Webb. Total - 1. [February 21, 2019 SENATE JOURNAL 117

Total - 35. Whereupon the President declared S 1098 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. 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 Stennett, by voice vote, the Senate adjourned at 12:01 p.m. until the hour of 10:15 a.m., Friday, February 22, 2019. JANICE MCGEACHIN, President Attest: JENNIFER NOVAK, Secretary 118 SENATE JOURNAL February 22, 2019]

SENATE JOURNAL LAKEY, Chairman OF THE The report was ordered filed in the office of the Secretary of the Senate. IDAHO LEGISLATURE February 22, 2019 FIRST REGULAR SESSION The JUDICIARY AND RULES Committee reports that SIXTY-FIFTH LEGISLATURE S 1018, as amended, S 1007, as amended, S 1070, as amended, and S 1060, as amended, have been correctly engrossed. LAKEY, Chairman S 1018, as amended, S 1007, as amended, S 1070, as FORTY-SEVENTH LEGISLATIVE DAY amended, and S 1060, as amended, were filed for first reading. FRIDAY, FEBRUARY 22, 2019 February 21, 2019 The JUDICIARY AND RULES Committee reports that Senate Chamber Enrolled SCR 101 was delivered to the Office of the Secretary Acting President Winder called the Senate to order at 10:15 of State at 1:45 p.m., February 21, 2019. a.m. LAKEY, Chairman Roll call showed all members present except President Pro Tempore Hill and Senators Buckner-Webb, Nelson, and Rice, The report was ordered filed in the office of the Secretary of absent and formally excused by the Chair; and Senator Lodge, the Senate. absent and excused. February 21, 2019 Prayer was offered by Chaplain Montie Ralstin. The FINANCE Committee reports out H 159 and The Pledge of Allegiance was led by Alex Knowlton, Page. S 1130 with the recommendation that they do pass. The Senate advanced to the Third Order of Business. BAIR, Chairman Reading and Correction of the Journal H 159 and S 1130 were filed for second reading. The JUDICIARY AND RULES Committee reports that the February 21, 2019 Senate Journal of the proceedings of February 21, 2019, was read and approved as corrected. The AGRICULTURAL AFFAIRS Committee reports out S 1125, S 1082, and HCR 11 with the recommendation that they LAKEY, Chairman do pass. There being no objection, the report was adopted and ordered GUTHRIE, Chairman filed in the office of the Secretary of the Senate. S 1125 and S 1082 were filed for second reading. On request by Senator Anthon, granted by unanimous consent, the Senate advanced to the Sixth Order of Business. HCR 11 was referred to the Tenth Order of Business, Motions and Resolutions, and ordered held at the Secretary's Reports of Standing Committees desk for one legislative day. February 22, 2019 February 22, 2019 The JUDICIARY AND RULES Committee reports that The AGRICULTURAL AFFAIRS Committee reports it has SJM 103, S 1131, S 1132, S 1133, and S 1134 have been had under consideration the Gubernatorial appointment listed correctly printed. below and the Committee recommends that said appointment be LAKEY, Chairman confirmed by the Senate: SJM 103 was referred to the Tenth Order of Business, Erik Olsen to the State Soil and Water Conservation Motions and Resolutions, and ordered held at the Secretary's Commission, term to expire July 1, 2023. desk for one legislative day. GUTHRIE, Chairman S 1131 was referred to the Transportation Committee. The Gubernatorial appointment was referred to the Tenth S 1132 was referred to the State Affairs Committee. Order of Business, Motions and Resolutions, and ordered held at the Secretary's desk for one legislative day. S 1133 and S 1134 were referred to the Judiciary and Rules Committee. February 21, 2019 February 22, 2019 The COMMERCE AND HUMAN RESOURCES Committee reports out H 7, H 27, H 46, H 108, S 1069, and The JUDICIARY AND RULES Committee reports that S 1097 with the recommendation that they do pass. Senate amendments to S 1018, H 42, S 1007, S 1070, and S 1060 have been correctly printed. PATRICK, Chairman [February 22, 2019 SENATE JOURNAL 119

H 7, H 27, H 46, H 108, S 1069, and S 1097 were filed for The Honorable Janice McGeachin second reading. President of the Senate Idaho Legislature February 21, 2019 Dear Madam President: The HEALTH AND WELFARE Committee reports out H 58 with the recommendation that it do pass. I have the honor to inform you that James V. Giuffre of Boise, Idaho, was appointed as a member of the State Board of Health MARTIN, Chairman and Welfare to serve a term commencing February 13, 2019, and H 58 was filed for second reading. expiring February 13, 2023. February 21, 2019 This appointment was made subject to confirmation by the Senate. Notice of appointment is hereby given. The HEALTH AND WELFARE Committee reports it has had under consideration the Gubernatorial appointments listed Sincerely, below and the Committee recommends that said appointments be /s/ Brad Little confirmed by the Senate: Governor David Jeppesen as the Director of the Idaho Department The correspondence was ordered filed in the office of the of Health and Welfare, term to continue at the pleasure of the Secretary of the Senate. Governor. The Gubernatorial appointment was referred to the Health John Tippets as the Director of the Department of and Welfare Committee. Environmental Quality, term to continue at the pleasure of the Governor. The Senate advanced to the Ninth Order of Business. MARTIN, Chairman Messages from the House The Gubernatorial appointments were referred to the Tenth February 21, 2019 Order of Business, Motions and Resolutions, and ordered held at Dear Madam President: the Secretary's desk for one legislative day. I transmit herewith H 157, H 109, H 74, and H 75, which February 21, 2019 have passed the House. The STATE AFFAIRS Committee reports it has had under MAULIN, Chief Clerk consideration the Gubernatorial appointments listed below and the Committee recommends that said appointments be confirmed H 157, H 109, H 74, and H 75 were filed for first reading. by the Senate: February 21, 2019 Eric Anderson to the Public Utilities Commission, term to continue at the pleasure of the Governor. Dear Madam President: Travis Prairie to the Idaho Energy Resources Authority, term I return herewith Enrolled S 1024 and S 1039, which have to continue at the pleasure of the Governor. been signed by the Speaker. LODGE, Chairman MAULIN, Chief Clerk The Gubernatorial appointments were referred to the Tenth Enrolled S 1024 and S 1039 were referred to the Judiciary Order of Business, Motions and Resolutions, and ordered held at and Rules Committee for transmittal to the Office of the the Secretary's desk for one legislative day. Governor. February 21, 2019 The Senate advanced to the Tenth Order of Business. The JUDICIARY AND RULES Committee reports it has Motions and Resolutions had under consideration the Gubernatorial appointment listed below and the Committee recommends that said appointment be The President announced that HCR 6 was before the Senate confirmed by the Senate: for final consideration, the question being, "Shall the resolution be adopted?" Honorable Jeff Brudie to the Idaho Judicial Council, term to continue at the pleasure of the Governor. On motion by Senator Lent, seconded by Senator Ward-Engelking, HCR 6 was adopted by voice vote, LAKEY, Chairman title was approved, and the resolution ordered returned to the The Gubernatorial appointment was referred to the Tenth House. Order of Business, Motions and Resolutions, and ordered held The President announced that the Agricultural Affairs at the Secretary's desk for one legislative day. Committee report relative to the Gubernatorial appointment of On request by Senator Anthon, granted by unanimous Celia Gould was before the Senate for final consideration, the consent, the Senate advanced to the Eighth Order of Business. question being, "Shall the report be adopted?" Messages from the Governor On motion by Senator Harris, seconded by Senator Jordan, the Gubernatorial appointment of Celia Gould as the Director of February 21, 2019 the Department of Agriculture was confirmed by voice vote. 120 SENATE JOURNAL February 22, 2019]

The President declared the report adopted and directed the H 67, by Resources and Conservation Committee, was read Secretary of the Senate to prepare a letter of the Gubernatorial the second time at length and filed for third reading. appointment confirmation for his signature, attested to by the Secretary, to be transmitted to the Governor informing him of S 1059 and S 1108, by Education Committee, were read the the action of the Senate. second time at length and filed for third reading. The Senate advanced to the Eleventh Order of Business. H 59, by Health and Welfare 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 S 1129, by Judiciary and Rules Committee, was read the second time at length and filed for third reading. S 1135 The Senate advanced to the Thirteenth Order of Business. BY FINANCE COMMITTEE AN ACT Third Reading of Bills RELATING TO THE APPROPRIATION TO THE COMMISSION FOR THE BLIND AND VISUALLY S 1058 was read the third time at length, section by section, IMPAIRED FOR FISCAL YEAR 2020; APPROPRIATING and placed before the Senate for final consideration. Senator Den MONEYS TO THE COMMISSION FOR THE BLIND AND Hartog arose as sponsor of the bill and opened the debate. The VISUALLY IMPAIRED FOR FISCAL YEAR 2020; AND question being, "Shall the bill pass?" LIMITING THE NUMBER OF AUTHORIZED FULL-TIME Roll call resulted as follows: EQUIVALENT POSITIONS. AYES–Agenbroad, Anthon, Bair, Bayer, Burtenshaw, S 1136 Cheatham, Crabtree, Den Hartog, Grow, Heider, Lakey, Lent, BY FINANCE COMMITTEE Lodge, Martin, Mortimer, Patrick, Souza, Thayn, Vick, Winder, AN ACT Woodward. Total - 21. RELATING TO THE APPROPRIATION TO THE OFFICE OF DRUG POLICY FOR FISCAL YEAR 2020; APPROPRIATING NAYS–Brackett, Buckner-Webb, Burgoyne, Guthrie, Harris, MONEYS TO THE OFFICE OF DRUG POLICY FOR Johnson, Jordan, Lee, Nelson, Nye, Stennett, Ward-Engelking. FISCAL YEAR 2020; AND LIMITING THE NUMBER OF Total - 12. AUTHORIZED FULL-TIME EQUIVALENT POSITIONS. Absent and excused–Hill, Rice. Total - 2. S 1135 and S 1136 were introduced, read the first time at Paired and voting included in roll call: length, and referred to the Judiciary and Rules Committee for printing. AYE - Heider NAY - Buckner-Webb AYE - Crabtree NAY - Nelson H 42, as amended in the Senate, by State Affairs Committee, was read the first time at length and filed for second reading. Total - 35. S 1018, as amended, by Judiciary and Rules Committee, was Whereupon the President declared S 1058 passed, title was read the first time at length and filed for second reading. approved, and the bill ordered transmitted to the House. S 1007, as amended, and S 1070, as amended, by Commerce On request by Senator Anthon, granted by unanimous and Human Resources Committee, were read the first time at consent, the Senate returned to the Tenth Order of Business. length and filed for second reading. Motions and Resolutions S 1060, as amended, by Education Committee, was read the first time at length and filed for second reading. At this time Senator Anthon arose on a point of personal privilege to announce that a distinguished visitor had arrived, and H 157, by State Affairs Committee, was introduced, read the the Acting President appointed Senator Den Hartog, Chairman, first time at length, and referred to the State Affairs Committee. and Senators Bayer and Nye to escort United States Congressman H 109, by Health and Welfare Committee, was introduced, Fulcher into the Senate Chamber where he addressed the read the first time at length, and referred to the Health and Welfare members of the Senate. Committee. The Acting President Winder thanked United States H 74 and H 75, by Transportation and Defense Committee, Congressman Fulcher for his remarks and Senator Den were introduced, read the first time at length, and referred to the Hartog, Chairman, and Senators Bayer and Nye escorted the Transportation Committee. Congressman from the Chamber, and the Committee was discharged. The Senate advanced to the Twelfth Order of Business. On request by Senator Anthon, granted by unanimous Second Reading of Bills consent, the Senate advanced to the Fifteenth Order of Business. On request by Senator Brackett, granted by unanimous Miscellaneous Business consent, S 1088 was referred to the Fourteenth Order of Business, General Calendar. On motion by Senator Anthon, seconded by Senator Stennett, by voice vote, the Senate adjourned at 11:24 a.m. until the hour S 1113, by State Affairs Committee, was read the second time of 10:15 a.m., Monday, February 25, 2019. at length and filed for third reading. WINDER, Acting President H 86 and H 87, by Revenue and Taxation Committee, were read the second time at length and filed for third reading. Attest: JENNIFER NOVAK, Secretary [February 25, 2019 SENATE JOURNAL 121

SENATE JOURNAL 114., Subsection 02.b., adopted as a pending rule under Docket Number 38-0501-1801, only, be, and the same is hereby rejected OF THE and declared null, void, and of no force and effect. SCR 103 was introduced, read at length, and referred to the IDAHO LEGISLATURE Judiciary and Rules Committee for printing. FIRST REGULAR SESSION The Senate advanced to the Sixth Order of Business. SIXTY-FIFTH LEGISLATURE Reports of Standing Committees February 25, 2019 The JUDICIARY AND RULES Committee reports that S 1135 and S 1136 have been correctly printed. FIFTIETH LEGISLATIVE DAY MONDAY, FEBRUARY 25, 2019 LAKEY, Chairman S 1135 and S 1136 were referred to the Finance Committee. Senate Chamber Senator Den Hartog was recorded present at this order of business. President Pro Tempore Hill called the Senate to order at 10:15 a.m. February 21, 2019 Roll call showed all members present except Senators The JUDICIARY AND RULES Committee reports that Buckner-Webb, Den Hartog, Harris, Lodge, and Rice, absent S 1030 has been correctly enrolled. and excused. LAKEY, Chairman Prayer was offered by Chaplain Montie Ralstin. The President Pro Tempore signed Enrolled S 1030 and The Pledge of Allegiance was led by Taylor McMullin, Page. ordered it transmitted to the House for the signature of the Speaker. The Senate advanced to the Third Order of Business. February 22, 2019 Reading and Correction of the Journal The JUDICIARY AND RULES Committee reports that The JUDICIARY AND RULES Committee reports that the Enrolled S 1024 and S 1039 were delivered to the Office of the Senate Journal of the proceedings of February 22, 2019, was read Governor at 3:53 p.m., February 22, 2019. and approved as corrected. LAKEY, Chairman LAKEY, 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 22, 2019 On request by Senator Winder, granted by unanimous The STATE AFFAIRS Committee reports out S 1076 with consent, the Senate advanced to the Fifth Order of Business. the recommendation that it do pass. Petitions, Resolutions, and Memorials LODGE, Chairman

SCR 103 S 1076 was filed for second reading. BY STATE AFFAIRS COMMITTEE Senator Buckner-Webb was recorded present at this order of A CONCURRENT RESOLUTION business. STATING FINDINGS OF THE LEGISLATURE AND REJECTING A CERTAIN RULE OF THE DEPARTMENT February 22, 2019 OF ADMINISTRATION RELATING TO RULES OF THE DIVISION OF PURCHASING. The STATE AFFAIRS Committee reports it has had under consideration the Gubernatorial appointment listed below and the Be It Resolved by the Legislature of the State of Idaho: Committee recommends that said appointment be confirmed by the Senate: WHEREAS, the Legislature is vested with authority to reject Janet Gallimore to the State Historic Preservation Officer, executive agency rules under the provisions of Section 67-5291, term to continue at the pleasure of the Governor. Idaho Code, in the event that the Legislature finds that the rules are not consistent with legislative intent; and LODGE, Chairman WHEREAS, it is the finding of the Legislature that certain rules of the Department of Administration relating to Rules of the The Gubernatorial appointment was referred to the Tenth Division of Purchasing are not consistent with legislative intent Order of Business, Motions and Resolutions, and ordered held and should be rejected. at the Secretary's desk for one legislative day. NOW, THEREFORE, BE IT RESOLVED by the members of February 25, 2019 the First Regular Session of the Sixty-fifth Idaho Legislature, the Senate and the House of Representatives concurring therein, that The STATE AFFAIRS Committee reports out H 68, H 73, IDAPA 38.05.01, Rules of the Division of Purchasing, Section S 1111, and S 1112 with the recommendation that they do pass. 122 SENATE JOURNAL February 25, 2019]

LODGE, Chairman I transmit herewith Enrolled H 43 for the signature of the President. H 68, H 73, S 1111, and S 1112 were filed for second reading. MAULIN, Chief Clerk On request by Senator Winder, granted by unanimous consent, the Senate advanced to the Eighth Order of Business. The President Pro Tempore signed Enrolled H 43 and ordered it returned to the House. Messages from the Governor February 22, 2019 February 14, 2019 Dear Mr. President: The Honorable Janice McGeachin President of the Senate I transmit herewith Enrolled H 26 and H 44 for the signature Idaho Legislature of the President. Dear Madam President: MAULIN, Chief Clerk I have the honor to inform you that I have signed today and The President Pro Tempore signed Enrolled H 26 and am transmitting to the Secretary of State the following Senate H 44 and ordered them returned to the House. Bills, to wit: February 22, 2019 S 1031 and S 1032 Dear Mr. President: Sincerely, /s/ Brad Little I return herewith Enrolled S 1041, which has been signed by Governor of Idaho the Speaker. The correspondence was ordered filed in the office of the MAULIN, Chief Clerk Secretary of the Senate. Enrolled S 1041 was referred to the Judiciary and Rules February 22, 2019 Committee for transmittal to the Office of the Governor. The Honorable Janice McGeachin Senator Lodge was recorded present at this order of business. President of the Senate Idaho Legislature The Senate advanced to the Tenth Order of Business. Dear Madam President: Motions and Resolutions I have the honor to inform you that Linda Hatzenbuehler of Senator Harris was recorded present at this order of business. Pocatello, Idaho, was appointed as a member of the State Board The President Pro Tempore announced that SJM 103 was of Health and Welfare to serve a term commencing February 13, before the Senate for final consideration. 2019, and expiring February 13, 2023. Moved by Senator Winder, seconded by Senator Stennett, This appointment was made subject to confirmation by the that SJM 103 be adopted. The question being, "Shall the Senate. Notice of appointment is hereby given. memorial be adopted?" Sincerely, Roll call resulted as follows: /s/ Brad Little Governor AYES–Agenbroad, Bair, Brackett, Buckner-Webb, Burgoyne, Burtenshaw, Cheatham, Crabtree, Den Hartog, Grow, The correspondence was ordered filed in the office of the Guthrie, Harris, Heider, Hill, Johnson, Jordan, Lakey, Lee, Lent, Secretary of the Senate. Lodge, Martin, Mortimer, Nelson, Nye, Patrick, Rice, Souza, The Gubernatorial appointment was referred to the Health Stennett, Thayn, Vick, Ward-Engelking, Winder, Woodward. and Welfare Committee. Total - 33. The Senate advanced to the Ninth Order of Business. NAYS–Bayer. Total - 1. Messages from the House Absent and excused–Anthon. Total - 1. February 22, 2019 Total - 35. Dear Mr. President: Whereupon the President Pro Tempore declared SJM 103 adopted, title was approved, and the memorial ordered I transmit herewith H 89, H 126, HCR 13, HCR 14, H 160, transmitted to the House. and H 161, which have passed the House. The President Pro Tempore announced that HCR 11 was MAULIN, Chief Clerk before the Senate for final consideration, the question being, H 89, H 126, HCR 13, HCR 14, H 160, and H 161 were "Shall the resolution be adopted?" filed for first reading. On motion by Senator Nelson, seconded by Senator Guthrie, Senator Rice was recorded present at this order of business. HCR 11 was adopted by voice vote, title was approved, and the resolution ordered returned to the House. February 21, 2019 On request by Senator Winder, granted by unanimous Dear Mr. President: consent, the Senate advanced to the Eleventh Order of Business. [February 25, 2019 SENATE JOURNAL 123

Introduction, First Reading, and Reference of Bills, H 160 and H 161, by State Affairs Committee, were House Petitions, Resolutions, and Memorials introduced, read the first time at length, and referred to the Local Government and Taxation Committee. S 1137 BY STATE AFFAIRS COMMITTEE The Senate advanced to the Twelfth Order of Business. AN ACT Second Reading of Bills RELATING TO LOBBYING; AMENDING SECTION 67-6602, IDAHO CODE, TO DEFINE TERMS AND TO REVISE H 159, by Appropriations Committee, was read the second A DEFINITION; AMENDING SECTION 67-6606, IDAHO time at length and filed for third reading. CODE, TO PROVIDE A CORRECT CODE REFERENCE; AMENDING SECTION 67-6617, IDAHO CODE, TO REVISE S 1130, by Finance Committee, was read the second time at PROVISIONS REGARDING LOBBYIST REGISTRATION length and filed for third reading. REQUIREMENTS; AMENDING SECTION 67-6618, S 1125 and S 1082, by State Affairs Committee, were read IDAHO CODE, TO REVISE PROVISIONS REGARDING the second time at length and filed for third reading. EXEMPTIONS FROM LOBBYIST REGISTRATION; AMENDING SECTION 67-6619, IDAHO CODE, TO H 7, by Health and Welfare Committee, was read the second REVISE PROVISIONS REGARDING REPORTS FILED BY time at length and filed for third reading. LOBBYISTS; AMENDING SECTION 67-6619A, IDAHO CODE, TO PROVIDE A CORRECT CODE REFERENCE; H 27, by Revenue and Taxation Committee, was read the AMENDING SECTION 67-6621, IDAHO CODE, TO REVISE second time at length and filed for third reading. PROVISIONS REGARDING THE DUTIES OF LOBBYISTS AND TO PROVIDE A CORRECT CODE REFERENCE; H 46, by Business Committee, was read the second time at AND AMENDING SECTION 74-106, IDAHO CODE, TO length and filed for third reading. PROVIDE AN EXEMPTION FROM THE PUBLIC RECORDS H 108, by Local Government Committee, was read the LAW FOR CERTAIN E-MAIL ADDRESSES, TO PROVIDE second time at length and filed for third reading. CORRECT TERMINOLOGY, AND TO MAKE TECHNICAL CORRECTIONS. S 1069, by Commerce and Human Resources Committee, was read the second time at length and filed for third reading. S 1138 BY STATE AFFAIRS COMMITTEE S 1097, by Health and Welfare Committee, was read the AN ACT second time at length and filed for third reading. RELATING TO ELECTRICAL CONTRACTORS AND H 58, by Health and Welfare Committee, was read the second JOURNEYMEN; AMENDING SECTION 54-1002, time at length and filed for third reading. IDAHO CODE, TO PROVIDE FOR PROVISIONAL JOURNEYMAN ELECTRICIANS AND TO MAKE H 42, as amended in the Senate, by State Affairs Committee, TECHNICAL CORRECTIONS; AMENDING SECTION was read the second time at length and filed for third reading. 54-1003, IDAHO CODE, TO PROVIDE FOR PROVISIONAL JOURNEYMAN ELECTRICIANS; AMENDING SECTION S 1018, as amended, by Judiciary and Rules Committee, was 54-1003A, IDAHO CODE, TO DEFINE A TERM AND read the second time at length and filed for third reading. TO MAKE TECHNICAL CORRECTIONS; AMENDING S 1007, as amended, and S 1070, as amended, by Commerce SECTION 54-1005, IDAHO CODE, TO PROVIDE FOR and Human Resources Committee, were read the second time at PROVISIONAL JOURNEYMAN ELECTRICIANS AND length and filed for third reading. TO MAKE TECHNICAL CORRECTIONS; AMENDING SECTION 54-1006, IDAHO CODE, TO PROVIDE FOR S 1060, as amended, by Education Committee, was read the PROVISIONAL JOURNEYMAN ELECTRICIANS AND second time at length and filed for third reading. TO MAKE TECHNICAL CORRECTIONS; AMENDING SECTION 54-1007, IDAHO CODE, TO PROVIDE FOR On request by Senator Winder, granted by unanimous PROVISIONAL JOURNEYMAN ELECTRICIANS AND consent, the Senate advanced to the Thirteenth Order of Business. TO MAKE A TECHNICAL CORRECTION; AMENDING SECTION 54-1008, IDAHO CODE, TO SPECIFY Third Reading of Bills THE DURATION OF PROVISIONAL JOURNEYMAN On request by Senator Winder, granted by unanimous ELECTRICIAN'S LICENSES; AND AMENDING SECTION consent, H 2, as amended in the Senate, was placed before the 54-1014, IDAHO CODE, TO SPECIFY CERTAIN FEES. Senate for consideration at this time. S 1137 and S 1138 were introduced, read the first time at H 2, as amended in the Senate, was read the third time at length, and referred to the Judiciary and Rules Committee for length, section by section, and placed before the Senate for final printing. consideration. Senator Crabtree arose as sponsor of the bill and opened the debate. The question being, "Shall the bill pass?" H 89 and H 126, by Transportation and Defense Committee, were introduced, read the first time at length, and referred to the Roll call resulted as follows: Transportation Committee. AYES–Agenbroad, Anthon, Bair, Bayer, Brackett, HCR 13 and HCR 14, by Health and Welfare Committee, Buckner-Webb, Burgoyne, Burtenshaw, Cheatham, Crabtree, were introduced, read the first time at length, and referred to the Den Hartog, Grow, Guthrie, Harris, Heider, Hill, Johnson, Health and Welfare Committee. Jordan, Lakey, Lee, Lent, Lodge, Martin, Mortimer, Nelson, Nye, Patrick, Rice, Souza, Stennett, Thayn, Vick, Ward-Engelking, Winder, Woodward. Total - 35. 124 SENATE JOURNAL February 25, 2019]

Whereupon the President Pro Tempore declared H 2, as Whereupon the President Pro Tempore declared amended in the Senate, passed, title was approved, and the bill S 1119 passed, title was approved, and the bill ordered ordered returned to the House. transmitted to the House. S 1105 was read the third time at length, section by section, S 1123 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 Thayn arose as sponsor of the bill and opened the debate. The Grow 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–Agenbroad, Anthon, Bair, Bayer, Brackett, AYES–Agenbroad, Anthon, Bair, Bayer, Brackett, Buckner-Webb, Burgoyne, Burtenshaw, Cheatham, Crabtree, Buckner-Webb, Burgoyne, Burtenshaw, Cheatham, Crabtree, Den Hartog, Grow, Guthrie, Harris, Heider, Hill, Johnson, Den Hartog, Grow, Guthrie, Harris, Heider, Hill, Johnson, Jordan, Lakey, Lee, Lent, Lodge, Martin, Mortimer, Nelson, Nye, Jordan, Lakey, Lee, Lent, Lodge, Martin, Mortimer, Nelson, Nye, Patrick, Rice, Souza, Stennett, Thayn, Vick, Ward-Engelking, Patrick, Rice, Souza, Stennett, Thayn, Vick, Ward-Engelking, Winder, Woodward. Total - 35. Winder, Woodward. Total - 35. Whereupon the President Pro Tempore declared Whereupon the President Pro Tempore declared S 1105 passed, title was approved, and the bill ordered S 1123 passed, title was approved, and the bill ordered transmitted to the House. transmitted to the House. S 1107 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 1091 retained its place on the Third Reading Calendar Ward-Engelking arose as sponsor of the bill and opened the for Thursday, February 28, 2019. debate. The question being, "Shall the bill pass?" S 1122 was read the third time at length, section by section, Roll call resulted as follows: and placed before the Senate for final consideration. Senator Lakey arose as sponsor of the bill and opened the debate. The AYES–Agenbroad, Anthon, Bair, Bayer, Brackett, question being, "Shall the bill pass?" Buckner-Webb, Burgoyne, Burtenshaw, Cheatham, Crabtree, Den Hartog, Grow, Guthrie, Harris, Heider, Hill, Johnson, Roll call resulted as follows: Jordan, Lakey, Lee, Lent, Lodge, Martin, Mortimer, Nelson, Nye, Patrick, Rice, Souza, Stennett, Thayn, Vick, Ward-Engelking, AYES–Agenbroad, Anthon, Bair, Bayer, Brackett, Winder, Woodward. Total - 35. Buckner-Webb, Burgoyne, Burtenshaw, Cheatham, Crabtree, Den Hartog, Grow, Guthrie, Harris, Heider, Hill, Johnson, Whereupon the President Pro Tempore declared Jordan, Lakey, Lee, Lent, Lodge, Martin, Mortimer, Nelson, Nye, S 1107 passed, title was approved, and the bill ordered Patrick, Rice, Souza, Stennett, Thayn, Vick, Ward-Engelking, transmitted to the House. Winder, Woodward. Total - 35. S 1115 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 1122 passed, title was approved, and the bill ordered Johnson arose as sponsor of the bill and opened the debate. The transmitted to the House. question being, "Shall the bill pass?" S 1116 was read the third time at length, section by section, Roll call resulted as follows: and placed before the Senate for final consideration. Senator Burgoyne arose as sponsor of the bill and opened the debate. AYES–Agenbroad, Anthon, Bair, Bayer, Brackett, The question being, "Shall the bill pass?" Buckner-Webb, Burgoyne, Burtenshaw, Cheatham, Crabtree, Den Hartog, Grow, Guthrie, Harris, Heider, Hill, Johnson, Roll call resulted as follows: Jordan, Lakey, Lee, Lent, Lodge, Martin, Mortimer, Nelson, Nye, Patrick, Rice, Souza, Stennett, Thayn, Vick, Ward-Engelking, AYES–Agenbroad, Anthon, Bair, Bayer, Brackett, Winder, Woodward. Total - 35. Buckner-Webb, Burgoyne, Burtenshaw, Cheatham, Crabtree, Den Hartog, Grow, Guthrie, Harris, Heider, Hill, Johnson, Whereupon the President Pro Tempore declared Jordan, Lakey, Lee, Lent, Lodge, Martin, Mortimer, Nelson, Nye, S 1115 passed, title was approved, and the bill ordered Patrick, Rice, Souza, Stennett, Thayn, Vick, Ward-Engelking, transmitted to the House. Winder, Woodward. Total - 35. S 1119 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 1116 passed, title was approved, and the bill ordered Anthon arose as sponsor of the bill and opened the debate. The transmitted to the House. question being, "Shall the bill pass?" S 1117 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–Agenbroad, Anthon, Bair, Bayer, Brackett, Burgoyne arose as sponsor of the bill and opened the debate. Buckner-Webb, Burgoyne, Burtenshaw, Cheatham, Crabtree, The question being, "Shall the bill pass?" Den Hartog, Grow, Guthrie, Harris, Heider, Hill, Johnson, Roll call resulted as follows: Jordan, Lakey, Lee, Lent, Lodge, Martin, Mortimer, Nelson, Nye, Patrick, Rice, Souza, Stennett, Thayn, Vick, Ward-Engelking, AYES–Agenbroad, Anthon, Bair, Bayer, Brackett, Winder, Woodward. Total - 35. Buckner-Webb, Burgoyne, Burtenshaw, Cheatham, Crabtree, [February 25, 2019 SENATE JOURNAL 125

Den Hartog, Grow, Guthrie, Harris, Heider, Hill, Johnson, Pursuant to Senate Rule 39(H), Senator Patrick disclosed a Jordan, Lakey, Lee, Lent, Lodge, Martin, Mortimer, Nelson, Nye, possible conflict of interest under applicable law. Patrick, Rice, Souza, Stennett, Thayn, Vick, Ward-Engelking, Winder, Woodward. Total - 35. Roll call resulted as follows: Whereupon the President Pro Tempore declared AYES–Agenbroad, Anthon, Bair, Bayer, Brackett, S 1117 passed, title was approved, and the bill ordered Buckner-Webb, Burgoyne, Burtenshaw, Cheatham, Crabtree, transmitted to the House. Den Hartog, Grow, Guthrie, Harris, Heider, Hill, Johnson, Jordan, Lakey, Lee, Lent, Lodge, Martin, Mortimer, Nelson, Nye, S 1093 was read the third time at length, section by section, Patrick, Rice, Souza, Stennett, Thayn, Vick, Ward-Engelking, and placed before the Senate for final consideration. Senator Nye Winder, Woodward. Total - 35. arose as sponsor of the bill and opened the debate. The question being, "Shall the bill pass?" Whereupon the President declared S 1086 passed, title was approved, and the bill ordered transmitted to the House. Roll call resulted as follows: S 1057 was read the third time at length, section by section, AYES–Agenbroad, Anthon, Bair, Bayer, Brackett, and placed before the Senate for final consideration. Senator Buckner-Webb, Burgoyne, Burtenshaw, Cheatham, Crabtree, Crabtree arose as sponsor of the bill and opened the debate. The Den Hartog, Grow, Guthrie, Harris, Heider, Hill, Johnson, question being, "Shall the bill pass?" Jordan, Lakey, Lee, Lent, Lodge, Martin, Mortimer, Nelson, Nye, Patrick, Rice, Souza, Stennett, Thayn, Vick, Ward-Engelking, Roll call resulted as follows: Winder, Woodward. Total - 35. AYES–Agenbroad, Anthon, Bair, Bayer, Brackett, Whereupon the President Pro Tempore declared Buckner-Webb, Burgoyne, Burtenshaw, Cheatham, Crabtree, S 1093 passed, title was approved, and the bill ordered Den Hartog, Grow, Guthrie, Harris, Heider, Hill, Johnson, transmitted to the House. Jordan, Lakey, Lee, Lent, Lodge, Martin, Mortimer, Nelson, Nye, On request by Senator Winder, granted by unanimous Patrick, Rice, Souza, Stennett, Thayn, Vick, Ward-Engelking, consent, S 1083 retained its place on the Third Reading Calendar Winder, Woodward. Total - 35. for Wednesday, February 27, 2019. Whereupon the President Pro Tempore declared S 1084 was read the third time at length, section by section, S 1057 passed, title was approved, and the bill ordered and placed before the Senate for final consideration. Senator transmitted to the House. Stennett arose as sponsor of the bill and opened the debate. The question being, "Shall the bill pass?" S 1128 was read the third time at length, section by section, and placed before the Senate for final consideration. Senator Roll call resulted as follows: Ward-Engelking arose as sponsor of the bill and opened the debate. The question being, "Shall the bill pass?" AYES–Agenbroad, Anthon, Bair, Bayer, Brackett, Buckner-Webb, Burgoyne, Burtenshaw, Cheatham, Crabtree, Roll call resulted as follows: Den Hartog, Grow, Guthrie, Harris, Heider, Hill, Johnson, Jordan, Lakey, Lee, Lent, Lodge, Martin, Mortimer, Nelson, Nye, AYES–Agenbroad, Anthon, Bair, Bayer, Brackett, Patrick, Rice, Souza, Stennett, Thayn, Vick, Ward-Engelking, Buckner-Webb, Burgoyne, Burtenshaw, Cheatham, Crabtree, Winder, Woodward. Total - 35. Den Hartog, Grow, Guthrie, Harris, Heider, Hill, Johnson, Jordan, Lakey, Lee, Lent, Lodge, Martin, Mortimer, Nelson, Nye, Whereupon the President Pro Tempore declared Patrick, Rice, Souza, Stennett, Thayn, Vick, Ward-Engelking, S 1084 passed, title was approved, and the bill ordered Winder, Woodward. Total - 35. transmitted to the House. Whereupon the President Pro Tempore declared S 1085 was read the third time at length, section by section, S 1128 passed, title was approved, and the bill ordered and placed before the Senate for final consideration. Senator transmitted to the House. Mortimer 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, all Senate bills were placed at the head of the third Roll call resulted as follows: reading calendar, followed by House bills amended in the Senate, AYES–Agenbroad, Anthon, Bair, Bayer, Brackett, followed by House bills. Buckner-Webb, Burgoyne, Burtenshaw, Cheatham, Crabtree, On request by Senator Winder, granted by unanimous Den Hartog, Grow, Guthrie, Harris, Heider, Hill, Johnson, consent, the Senate advanced to the Fifteenth Order of Business. Jordan, Lakey, Lee, Lent, Lodge, Martin, Mortimer, Nelson, Nye, Patrick, Rice, Souza, Stennett, Thayn, Vick, Ward-Engelking, Miscellaneous Business Winder, Woodward. Total - 35. On motion by Senator Winder, seconded by Whereupon the President Pro Tempore declared Senator Buckner-Webb, by voice vote, the Senate adjourned S 1085 passed, title was approved, and the bill ordered at 12:08 p.m. until the hour of 10 a.m., Tuesday, February 26, transmitted to the House. 2019. S 1086 was read the third time at length, section by section, BRENT HILL, President Pro Tempore and placed before the Senate for final consideration. Senator Patrick arose as sponsor of the bill and opened the debate. The Attest: JENNIFER NOVAK, Secretary question being, "Shall the bill pass?" 126 SENATE JOURNAL February 26, 2019]

SENATE JOURNAL February 25, 2019 The FINANCE Committee reports out S 1135 and OF THE S 1136 with the recommendation that they do pass. IDAHO LEGISLATURE BAIR, Chairman S 1135 and S 1136 were filed for second reading. FIRST REGULAR SESSION SIXTY-FIFTH LEGISLATURE February 25, 2019 The RESOURCES AND ENVIRONMENT Committee reports out H 80 with the recommendation that it do pass. HEIDER, Chairman FIFTY-FIRST LEGISLATIVE DAY TUESDAY, FEBRUARY 26, 2019 H 80 was filed for second reading. February 25, 2019 Senate Chamber The JUDICIARY AND RULES Committee reports out S 1071, S 1072, and S 1127 with the recommendation that they President McGeachin called the Senate to order at 10 a.m. do pass. Roll call showed all members present except Senator Patrick, LAKEY, Chairman absent and excused. S 1071, S 1072, and S 1127 were filed for second reading. Prayer was offered by Chaplain Montie Ralstin. February 25, 2019 The Pledge of Allegiance was led by Makenna Moore, Page. The JUDICIARY AND RULES Committee reports out The Senate advanced to the Third Order of Business. S 1110 with the recommendation that it be referred to the Reading and Correction of the Journal Fourteenth Order of Business for amendment. The JUDICIARY AND RULES Committee reports that the LAKEY, Chairman Senate Journal of the proceedings of February 25, 2019, was read There being no objection, S 1110 was referred to the and approved as corrected. Fourteenth Order of Business, General Calendar. LAKEY, Chairman February 26, 2019 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. S 1034 and S 1099 with the recommendation that they be referred On request by Senator Winder, granted by unanimous to the Fourteenth Order of Business for amendment. consent, the Senate advanced to the Sixth Order of Business. MARTIN, Chairman Reports of Standing Committees There being no objection, S 1034 and S 1099 were referred Senator Patrick was recorded present at this order of to the Fourteenth Order of Business, General Calendar. business. On request by Senator Winder, granted by unanimous February 26, 2019 consent, the Senate advanced to the Ninth Order of Business. The JUDICIARY AND RULES Committee reports that Messages from the House SCR 103, S 1137, and S 1138 have been correctly printed. February 25, 2019 LAKEY, Chairman Dear Madam President: SCR 103 was referred to the Tenth Order of Business, I transmit herewith H 106, H 117, HCR 12, HJM 5, HJM 8, Motions and Resolutions, and ordered held at the Secretary's H 133, and H 112, which have passed the House. desk for one legislative day. MAULIN, Chief Clerk S 1137 was referred to the State Affairs Committee. H 106, H 117, HCR 12, HJM 5, HJM 8, H 133, and S 1138 was referred to the Commerce and Human Resources H 112 were filed for first reading. Committee. February 25, 2019 February 25, 2019 Dear Madam President: The JUDICIARY AND RULES Committee reports that Enrolled S 1041 was delivered to the Office of the Governor at I transmit herewith Enrolled HCR 3 for the signature of the 2:45 p.m., February 25, 2019. President. LAKEY, Chairman MAULIN, Chief Clerk The report was ordered filed in the office of the Secretary of The President signed Enrolled HCR 3 and ordered it returned the Senate. to the House. [February 26, 2019 SENATE JOURNAL 127

The Senate advanced to the Tenth Order of Business. On motion by Senator Lent, seconded by Senator Ward-Engelking, the Gubernatorial appointment of Motions and Resolutions Travis Prairie as a member of the Idaho Energy Resources The President announced that the Agricultural Affairs Authority was confirmed by voice vote. Committee report relative to the Gubernatorial appointment of The President declared the report adopted and directed the Erik Olsen was before the Senate for final consideration, the Secretary of the Senate to prepare a letter of the Gubernatorial question being, "Shall the report be adopted?" appointment confirmation for her signature, attested to by the On motion by Senator Nelson, seconded by Secretary, to be transmitted to the Governor informing him of Senator Den Hartog, the Gubernatorial appointment of Erik the action of the Senate. Olsen as a member of the State Soil and Water Conservation The President announced that the Judiciary and Rules Commission was confirmed by voice vote. Committee report relative to the Idaho State Bar appointment The President declared the report adopted and directed the of the Honorable Jeff Brudie was before the Senate for final Secretary of the Senate to prepare a letter of the Gubernatorial consideration, the question being, "Shall the report be adopted?" appointment confirmation for her signature, attested to by the Pursuant to Senate Rule 39(H), Senator Lee disclosed a Secretary, to be transmitted to the Governor informing him of possible conflict of interest under applicable law. the action of the Senate. On motion by Senator Cheatham, seconded by The President announced that the Health and Welfare Senator Burgoyne, the Idaho State Bar appointment of the Committee report relative to the Gubernatorial appointment of Honorable Jeff Brudie as a member of the Idaho Judicial David Jeppesen was before the Senate for final consideration, Council was confirmed by voice vote. the question being, "Shall the report be adopted?" The President declared the report adopted and directed the On motion by Senator Martin, seconded by Senator Nelson, Secretary of the Senate to prepare a letter of the appointment the Gubernatorial appointment of David Jeppesen as the Director confirmation for her signature, attested to by the Secretary, to be of the Idaho Department of Health and Welfare was confirmed by transmitted to the Idaho State Bar informing them of the action voice vote. of the Senate. The President declared the report adopted and directed the Secretary of the Senate to prepare a letter of the Gubernatorial The President announced that the State Affairs Committee appointment confirmation for her signature, attested to by the report relative to the Gubernatorial appointment of Janet Secretary, to be transmitted to the Governor informing him of Gallimore was before the Senate for final consideration, the the action of the Senate. question being, "Shall the report be adopted?" The President announced that the Health and Welfare On motion by Senator Stennett, seconded by Senator Winder, Committee report relative to the Gubernatorial appointment of the Gubernatorial appointment of Janet Gallimore as the State John Tippets was before the Senate for final consideration, the Historic Preservation Officer was confirmed by voice vote. question being, "Shall the report be adopted?" The President declared the report adopted and directed the On motion by Senator Heider, seconded by Secretary of the Senate to prepare a letter of the Gubernatorial Senator Buckner-Webb, the Gubernatorial appointment of John appointment confirmation for her signature, attested to by the Tippets as the Director of the Department of Environmental Secretary, to be transmitted to the Governor informing him of Quality was confirmed by voice vote. the action of the Senate. The President declared the report adopted and directed the The Senate advanced to the Eleventh Order of Business. Secretary of the Senate to prepare a letter of the Gubernatorial Introduction, First Reading, and Reference of Bills, appointment confirmation for her signature, attested to by the House Petitions, Resolutions, and Memorials Secretary, to be transmitted to the Governor informing him of the action of the Senate. H 106, by Transportation and Defense Committee, was introduced, read the first time at length, and referred to the The President announced that the State Affairs Committee Transportation Committee. report relative to the Gubernatorial appointment of Eric Anderson was before the Senate for final consideration, the question being, H 117, by Judiciary, Rules and Administration Committee, "Shall the report be adopted?" was introduced, read the first time at length, and referred to the Judiciary and Rules Committee. On motion by Senator Vick, seconded by Senator Nye, the Gubernatorial appointment of Eric Anderson as a member of the HCR 12, HJM 5, and HJM 8, by Resources and Public Utilities Commission was confirmed by voice vote. Conservation Committee, were introduced, read at length, and referred to the Resources and Environment Committee. The President declared the report adopted and directed the Secretary of the Senate to prepare a letter of the Gubernatorial H 133, by Health and Welfare Committee, was introduced, appointment confirmation for her signature, attested to by the read the first time at length, and referred to the Health and Welfare Secretary, to be transmitted to the Governor informing him of Committee. the action of the Senate. H 112, by Business Committee, was introduced, read the The President announced that the State Affairs Committee first time at length, and referred to the Commerce and Human report relative to the Gubernatorial appointment of Travis Prairie Resources Committee. was before the Senate for final consideration, the question being, "Shall the report be adopted?" The Senate advanced to the Twelfth Order of Business. 128 SENATE JOURNAL February 26, 2019]

Second Reading of Bills Roll call resulted as follows: S 1076, by State Affairs Committee, was read the second AYES–Agenbroad, Anthon, Bair, Bayer, Brackett, time at length and filed for third reading. Buckner-Webb, Burgoyne, Burtenshaw, Cheatham, Crabtree, Den Hartog, Grow, Guthrie, Harris, Heider, Hill, Johnson, H 68, by Commerce and Human Resources Committee, was Jordan, Lakey, Lee, Lent, Lodge, Martin, Mortimer, Nelson, Nye, read the second time at length and filed for third reading. Patrick, Rice, Souza, Stennett, Thayn, Vick, Ward-Engelking, H 73, by Business Committee, was read the second time at Winder, Woodward. Total - 35. length and filed for third reading. Whereupon the President declared S 1048 passed, title was S 1111 and S 1112, by State Affairs 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 Winder, granted by unanimous The Senate advanced to the Thirteenth Order of Business. consent, the Senate returned to the Fourth Order of Business. Reading of Communications Third Reading of Bills On request by Senator Winder, granted by unanimous On request by Senator Patrick, granted by unanimous consent, the Senate advanced to the Fifth Order of Business. consent, S 1073 was referred to the Commerce and Human Resources Committee. Petitions, Resolutions, and Memorials On motion by Senator Winder, seconded by Senator Stennett, S 1065 was read the third time at length, section by section, by voice vote the Senate recessed at 12 noon 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 question being, "Shall the bill pass?" RECESS AFTERNOON SESSION Roll call resulted as follows: The Senate reconvened at 4:15 p.m., pursuant to recess, AYES–Agenbroad, Anthon, Brackett, Buckner-Webb, President McGeachin presiding. Burgoyne, Burtenshaw, Crabtree, Grow, Heider, Hill, Jordan, Lakey, Lee, Lodge, Martin, Nelson, Rice, Stennett, Roll call showed all members present except Senators Ward-Engelking, Winder. Total - 20. Anthon, Brackett, Lodge, and Patrick, absent and excused. NAYS–Bair, Bayer, Cheatham, Den Hartog, Guthrie, Harris, Prior to recess the Senate was at the Fifth Order of Business, Johnson, Lent, Mortimer, Nye, Patrick, Souza, Thayn, Vick, Petitions, Resolutions, and Memorials. Woodward. Total - 15. The Senate advanced to the Sixth Order of Business. Total - 35. Reports of Standing Committees Whereupon the President declared S 1065 passed, title was approved, and the bill ordered transmitted to the House. February 26, 2019 The JUDICIARY AND RULES Committee reports it has S 1011 was read the third time at length, section by section, had under consideration the Gubernatorial appointment listed and placed before the Senate for final consideration. Senator below and the Committee recommends that said appointment be Agenbroad arose as sponsor of the bill and opened the debate. confirmed by the Senate: The question being, "Shall the bill pass?" John D. Hayden Jr. to the State Board of Correction, term to Roll call resulted as follows: expire January 30, 2025. AYES–Agenbroad, Anthon, Bair, Bayer, Brackett, Buckner-Webb, Burgoyne, Burtenshaw, Cheatham, Crabtree, LAKEY, Chairman Den Hartog, Grow, Guthrie, Harris, Heider, Hill, Johnson, The Gubernatorial appointment was referred to the Tenth Jordan, Lakey, Lee, Lent, Lodge, Martin, Mortimer, Nelson, Nye, Order of Business, Motions and Resolutions, and ordered held Patrick, Rice, Souza, Stennett, Thayn, Vick, Winder, Woodward. at the Secretary's desk for one legislative day. Total - 34. February 26, 2019 NAYS–None. Absent and excused–Ward-Engelking. Total - 1. The HEALTH AND WELFARE Committee reports it has had under consideration the Gubernatorial appointments listed Total - 35. below and the Committee recommends that said appointments be confirmed by the Senate: Whereupon the President declared S 1011 passed, title was approved, and the bill ordered transmitted to the House. Kermit Kiebert to the Board of Environmental Quality, term to expire July 1, 2022. S 1048 was read the third time at length, section by section, Mark Bowen to the Board of Environmental Quality, term to and placed before the Senate for final consideration. Senator expire July 1, 2022. Patrick arose as sponsor of the bill and opened the debate. The question being, "Shall the bill pass?" MARTIN, Chairman [February 26, 2019 SENATE JOURNAL 129

The Gubernatorial appointments were referred to the Tenth S 1096 was read the third time at length, section by section, Order of Business, Motions and Resolutions, and ordered held at and placed before the Senate for final consideration. Senator the Secretary's desk for one legislative day. Souza arose as sponsor of the bill and opened the debate. The question being, "Shall the bill pass?" February 26, 2019 Roll call resulted as follows: The TRANSPORTATION Committee reports out H 76, H 89, and H 105 with the recommendation that they do pass. AYES–Agenbroad, Bair, Bayer, Brackett, Buckner-Webb, Burgoyne, Burtenshaw, Cheatham, Crabtree, Den Hartog, Grow, BRACKETT, Chairman Guthrie, Harris, Heider, Hill, Johnson, Jordan, Lakey, Lee, Lent, H 76, H 89, and H 105 were filed for second reading. Lodge, Martin, Mortimer, Nelson, Nye, Patrick, Rice, Souza, Stennett, Thayn, Vick, Ward-Engelking, Winder, Woodward. Senators Lodge and Patrick were recorded present at this Total - 34. order of business. NAYS–None. February 26, 2019 Absent and excused–Anthon. Total - 1. The TRANSPORTATION Committee reports out S 1131 with the recommendation that it be referred to the Total - 35. Fourteenth Order of Business for amendment. Whereupon the President declared S 1096 passed, title was BRACKETT, Chairman approved, and the bill ordered transmitted to the House. There being no objection, S 1131 was referred to the S 1113 was read the third time at length, section by section, Fourteenth Order of Business, General Calendar. and placed before the Senate for final consideration. Senator Lodge arose as sponsor of the bill and opened the debate. The February 26, 2019 question being, "Shall the bill pass?" The COMMERCE AND HUMAN RESOURCES Roll call resulted as follows: Committee reports out H 5, H 6, and H 71 with the recommendation that they do pass. AYES–Agenbroad, Bair, Bayer, Brackett, Buckner-Webb, Burgoyne, Burtenshaw, Cheatham, Crabtree, Den Hartog, Grow, PATRICK, Chairman Guthrie, Harris, Heider, Hill, Johnson, Jordan, Lakey, Lee, Lent, H 5, H 6, and H 71 were filed for second reading. Lodge, Martin, Mortimer, Nelson, Nye, Patrick, Souza, Stennett, Thayn, Vick, Ward-Engelking, Winder, Woodward. Total - 33. On request by Senator Winder, granted by unanimous consent, the Senate advanced to the Eighth Order of Business. NAYS–Rice. Total - 1. Absent and excused–Anthon. Total - 1. Messages from the Governor Total - 35. February 26, 2019 Whereupon the President declared S 1113 passed, title was The Honorable Janice McGeachin approved, and the bill ordered transmitted to the House. President of the Senate S 1108 was read the third time at length, section by section, Idaho Legislature and placed before the Senate for final consideration. Senator Dear Madam President: Mortimer arose as sponsor of the bill and opened the debate. The question being, "Shall the bill pass?" I have the honor to inform you that I have signed today and am transmitting to the Secretary of State the following Senate Roll call resulted as follows: Bills, to wit: AYES–Agenbroad, Bair, Brackett, Buckner-Webb, S 1024 and S 1041 Burgoyne, Burtenshaw, Crabtree, Den Hartog, Grow, Guthrie, Harris, Heider, Hill, Johnson, Jordan, Lakey, Lee, Lent, Lodge, Sincerely, Martin, Mortimer, Nelson, Nye, Patrick, Rice, Souza, Stennett, /s/ Brad Little Thayn, Ward-Engelking, Winder, Woodward. Total - 31. Governor of Idaho NAYS–Bayer, Cheatham, Vick. Total - 3. The correspondence was ordered filed in the office of the Secretary of the Senate. Absent and excused–Anthon. Total - 1. On request by Senator Winder, granted by unanimous Total - 35. consent, the Senate advanced to the Thirteenth Order of Business. Whereupon the President declared S 1108 passed, title was approved, and the bill ordered transmitted to the House. Third Reading of Bills S 1129 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 1075 and S 1059 retained their place on the Third Heider arose as sponsor of the bill and opened the debate. Reading Calendar for one legislative day. On request by Senator Heider, granted by unanimous Senator Brackett was recorded present at this order of consent, S 1129 retained its place on the Third Reading Calendar business. for one legislative day. 130 SENATE JOURNAL February 26, 2019]

S 1130 was read the third time at length, section by section, and placed before the Senate for final consideration. Senator Woodward arose as sponsor of the bill and opened the debate. The question being, "Shall the bill pass?" Roll call resulted as follows: AYES–Agenbroad, Bair, Bayer, Brackett, Buckner-Webb, Burgoyne, Burtenshaw, Cheatham, Crabtree, Den Hartog, Grow, Guthrie, Harris, Heider, Hill, Johnson, Jordan, Lakey, Lee, Lent, Lodge, Martin, Mortimer, Nelson, Nye, Patrick, Rice, Souza, Stennett, Thayn, Vick, Ward-Engelking, Winder, Woodward. Total - 34. NAYS–None. Absent and excused–Anthon. Total - 1. Total - 35. Whereupon the President declared S 1130 passed, title was approved, and the bill ordered transmitted to the House. S 1125 was read the third time at length, section by section, and placed before the Senate for final consideration. Senator Burtenshaw arose as sponsor of the bill and opened the debate. The question being, "Shall the bill pass?" Roll call resulted as follows: AYES–Agenbroad, Bair, Bayer, Brackett, Buckner-Webb, Burgoyne, Burtenshaw, Cheatham, Crabtree, Den Hartog, Grow, Guthrie, Harris, Heider, Hill, Johnson, Jordan, Lakey, Lee, Lent, Lodge, Martin, Mortimer, Nelson, Nye, Patrick, Rice, Souza, Stennett, Thayn, Vick, Ward-Engelking, Winder, Woodward. Total - 34. NAYS–None. Absent and excused–Anthon. Total - 1. Total - 35. Whereupon the President declared S 1125 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. 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 Stennett, by voice vote, the Senate adjourned at 5:30 p.m. until the hour of 10 a.m., Wednesday, February 27, 2019. JANICE MCGEACHIN, President Attest: JENNIFER NOVAK, Secretary [February 27, 2019 SENATE JOURNAL 131

SENATE JOURNAL the Senate and the House of Representatives concurring therein, that IDAPA 17.02.11, Administrative Rules of the Industrial OF THE Commission Under the Workers' Compensation Law, Security for Compensation, and Self-Insured Employers, Section 051., Subsection 08.e.ii., adopted as a pending rule under Docket IDAHO LEGISLATURE Number 17-0211-1802, only, be, and the same is hereby rejected and declared null, void, and of no force and effect. FIRST REGULAR SESSION SIXTY-FIFTH LEGISLATURE SCR 105 BY STATE AFFAIRS COMMITTEE A CONCURRENT RESOLUTION STATING FINDINGS OF THE LEGISLATURE AND REJECTING A CERTAIN RULE OF THE INDUSTRIAL FIFTY-SECOND LEGISLATIVE DAY COMMISSION RELATING TO ADMINISTRATIVE RULES WEDNESDAY, FEBRUARY 27, 2019 OF THE INDUSTRIAL COMMISSION UNDER THE WORKERS' COMPENSATION LAW, SECURITY FOR COMPENSATION, AND INSURANCE CARRIERS. Senate Chamber Be It Resolved by the Legislature of the State of Idaho: President McGeachin called the Senate to order at 10 a.m. Roll call showed all members present except Senator Anthon, WHEREAS, the Legislature is vested with authority to reject absent and formally excused by the Chair; and Senator Lodge, executive agency rules under the provisions of Section 67-5291, absent and excused. Idaho Code, in the event that the Legislature finds that the rules are not consistent with legislative intent; and Prayer was offered by Chaplain Montie Ralstin. WHEREAS, it is the finding of the Legislature that certain rules of the Industrial Commission relating to Administrative The Pledge of Allegiance was led by Lauren Pattee, Page. Rules of the Industrial Commission Under the Workers' The Senate advanced to the Third Order of Business. Compensation Law, Security for Compensation, and Insurance Carriers are not consistent with legislative intent and should be Reading and Correction of the Journal rejected. NOW, THEREFORE, BE IT RESOLVED by the members The JUDICIARY AND RULES Committee reports that the of the First Regular Session of the Sixty-fifth Idaho Legislature, Senate Journal of the proceedings of February 26, 2019, was read the Senate and the House of Representatives concurring therein, and approved as corrected. that IDAPA 17.02.10, Administrative Rules of the Industrial LAKEY, Chairman Commission Under the Workers' Compensation Law, Security for Compensation, and Insurance Carriers, Section 051., Subsection There being no objection, the report was adopted and ordered 08.e.ii., adopted as a pending rule under Docket Number filed in the office of the Secretary of the Senate. 17-0210-1802, only, be, and the same is hereby rejected and On request by Senator Winder, granted by unanimous declared null, void, and of no force and effect. consent, the Senate advanced to the Fifth Order of Business. SCR 106 Petitions, Resolutions, and Memorials BY STATE AFFAIRS COMMITTEE A CONCURRENT RESOLUTION SCR 104 STATING FINDINGS OF THE LEGISLATURE AND BY STATE AFFAIRS COMMITTEE REJECTING A CERTAIN RULE OF THE DIVISION OF A CONCURRENT RESOLUTION BUILDING SAFETY RELATING TO RULES CONCERNING STATING FINDINGS OF THE LEGISLATURE AND IDAHO STATE PLUMBING CODE. REJECTING A CERTAIN RULE OF THE INDUSTRIAL COMMISSION RELATING TO ADMINISTRATIVE RULES Be It Resolved by the Legislature of the State of Idaho: OF THE INDUSTRIAL COMMISSION UNDER THE WORKERS' COMPENSATION LAW, SECURITY FOR WHEREAS, the Legislature is vested with authority to reject COMPENSATION, AND SELF-INSURED EMPLOYERS. executive agency rules under the provisions of Section 67-5291, Idaho Code, in the event that the Legislature finds that the rules Be It Resolved by the Legislature of the State of Idaho: are not consistent with legislative intent; and WHEREAS, it is the finding of the Legislature that certain WHEREAS, the Legislature is vested with authority to reject rules of the Division of Building Safety relating to Rules executive agency rules under the provisions of Section 67-5291, Concerning Idaho State Plumbing Code are not consistent with Idaho Code, in the event that the Legislature finds that the rules legislative intent and should be rejected. are not consistent with legislative intent; and NOW, THEREFORE, BE IT RESOLVED by the members WHEREAS, it is the finding of the Legislature that certain of the First Regular Session of the Sixty-fifth Idaho Legislature, rules of the Industrial Commission relating to Administrative the Senate and the House of Representatives concurring therein, Rules of the Industrial Commission Under the Workers' that IDAPA 07.02.06, Rules Concerning Idaho State Plumbing Compensation Law, Security for Compensation, and Self-Insured Code, Section 011., Subsection 35., adopted as a pending rule Employers are not consistent with legislative intent and should under Docket Number 07-0206-1702, only, be, and the same is be rejected. hereby rejected and declared null, void, and of no force and effect. NOW, THEREFORE, BE IT RESOLVED by the members of the First Regular Session of the Sixty-fifth Idaho Legislature, 132 SENATE JOURNAL February 27, 2019]

SCR 104, SCR 105, and SCR 106 were introduced, read The President announced that SCR 103 was before the at length, and referred to the Judiciary and Rules Committee for Senate for final consideration, the question being, "Shall the printing. resolution be adopted?" The Senate advanced to the Sixth Order of Business. On motion by Senator Harris, seconded by Senator Buckner-Webb, SCR 103 was adopted by voice vote, Reports of Standing Committees title was approved, and the resolution ordered transmitted to the House. February 27, 2019 The President announced that the Judiciary and Rules The STATE AFFAIRS Committee reports out H 63, S 1078, Committee report relative to the Gubernatorial appointment of S 1079, S 1080, and S 1081 with the recommendation that they John D. Hayden Jr. was before the Senate for final consideration, do pass. the question being, "Shall the report be adopted?" LODGE, Chairman On motion by Senator Burgoyne, seconded by Senator Grow, H 63, S 1078, S 1079, S 1080, and S 1081 were filed for the Gubernatorial appointment of John D. Hayden Jr. as a member second reading. of the State Board of Correction was confirmed by voice vote. On request by Senator Winder, granted by unanimous The President declared the report adopted and directed the consent, the Senate advanced to the Ninth Order of Business. Secretary of the Senate to prepare a letter of the Gubernatorial appointment confirmation for her signature, attested to by the Messages from the House Secretary, to be transmitted to the Governor informing him of February 26, 2019 the action of the Senate. Dear Madam President: The President announced that the Health and Welfare Committee report relative to the Gubernatorial appointment of I transmit herewith H 162, H 153, H 113, H 124, HJM 6, Kermit Kiebert was before the Senate for final consideration, the H 155, H 171, H 173, H 165, and H 174, which have passed the question being, "Shall the report be adopted?" House. On motion by Senator Heider, seconded by Senator Stennett, MAULIN, Chief Clerk the Gubernatorial appointment of Kermit Kiebert as a member of H 162, H 153, H 113, H 124, HJM 6, H 155, H 171, H 173, the Board of Environmental Quality was confirmed by voice vote. H 165, and H 174 were filed for first reading. The President declared the report adopted and directed the February 26, 2019 Secretary of the Senate to prepare a letter of the Gubernatorial appointment confirmation for her signature, attested to by the Dear Madam President: Secretary, to be transmitted to the Governor informing him of I return herewith S 1077, which has passed the House. the action of the Senate. MAULIN, Chief Clerk The President announced that the Health and Welfare Committee report relative to the Gubernatorial appointment of S 1077 was referred to the Judiciary and Rules Committee Mark Bowen was before the Senate for final consideration, the for enrolling. question being, "Shall the report be adopted?" Senator Lodge was recorded present at this order of business. On motion by Senator Jordan, seconded by Senator Harris, February 26, 2019 the Gubernatorial appointment of Mark Bowen as a member of the Board of Environmental Quality was confirmed by voice vote. Dear Madam President: The President declared the report adopted and directed the I transmit herewith Enrolled HCR 6 for the signature of the Secretary of the Senate to prepare a letter of the Gubernatorial President. appointment confirmation for her signature, attested to by the MAULIN, Chief Clerk Secretary, to be transmitted to the Governor informing him of the action of the Senate. The President signed Enrolled HCR 6 and ordered it returned to the House. The Senate advanced to the Eleventh Order of Business. February 26, 2019 Introduction, First Reading, and Reference of Bills, House Petitions, Resolutions, and Memorials Dear Madam President: I return herewith Enrolled S 1030, which has been signed by H 162, by State Affairs Committee, was introduced, read the Speaker. the first time at length, and referred to the Resources and Environment Committee. MAULIN, Chief Clerk H 153, by Education Committee, was introduced, read the Enrolled S 1030 was referred to the Judiciary and Rules first time at length, and referred to the Education Committee. Committee for transmittal to the Office of the Governor. H 113, by Judiciary, Rules and Administration Committee, The Senate advanced to the Tenth Order of Business. was introduced, read the first time at length, and referred to the Motions and Resolutions Judiciary and Rules Committee. [February 27, 2019 SENATE JOURNAL 133

H 124, by Transportation and Defense Committee, was Absent and excused–Anthon. Total - 1. introduced, read the first time at length, and referred to the State Affairs Committee. Total - 35. HJM 6, by Transportation and Defense Committee, was Whereupon the President declared S 1083 passed, title was introduced, read at length, and referred to the Transportation approved, and the bill ordered transmitted to the House. Committee. S 1059 was read the third time at length, section by section, H 155, H 171, and H 173, by State Affairs Committee, were and placed before the Senate for final consideration. Senator Lent introduced, read the first time at length, and referred to the State arose as sponsor of the bill and opened the debate. The question Affairs Committee. being, "Shall the bill pass?" H 165, by Revenue and Taxation Committee, was Roll call resulted as follows: introduced, read the first time at length, and referred to the Local Government and Taxation Committee. AYES–Agenbroad, Bair, Bayer, Brackett, Buckner-Webb, Burgoyne, Burtenshaw, Cheatham, Crabtree, Den Hartog, Grow, H 174, by Appropriations Committee, was introduced, read Guthrie, Harris, Heider, Hill, Johnson, Jordan, Lakey, Lee, Lent, the first time at length, and referred to the Finance Committee. Lodge, Martin, Mortimer, Nelson, Nye, Patrick, Rice, Souza, Stennett, Thayn, Vick, Ward-Engelking, Winder, Woodward. The Senate advanced to the Twelfth Order of Business. Total - 34. Second Reading of Bills NAYS–None. S 1135 and S 1136, by Finance Committee, were read the Absent and excused–Anthon. Total - 1. second time at length and filed for third reading. Total - 35. H 80, by Resources and Conservation Committee, was read the second time at length and filed for third reading. Whereupon the President declared S 1059 passed, title was approved, and the bill ordered transmitted to the House. S 1071 and S 1072, by Commerce and Human Resources Committee, were read the second time at length and filed for third S 1082 was read the third time at length, section by section, reading. and placed before the Senate for final consideration. Senator S 1127, by State Affairs Committee, was read the second time Lodge arose as sponsor of the bill and opened the debate. The at length and filed for third reading. question being, "Shall the bill pass?" H 76, H 89, and H 105, by Transportation and Defense Roll call resulted as follows: Committee, were read the second time at length and filed for AYES–Agenbroad, Bair, Bayer, Brackett, Buckner-Webb, third reading. Burgoyne, Burtenshaw, Cheatham, Crabtree, Den Hartog, Grow, H 5 and H 6, by Health and Welfare Committee, were read Guthrie, Harris, Heider, Hill, Johnson, Jordan, Lakey, Lee, Lent, the second time at length and filed for third reading. Lodge, Martin, Mortimer, Nelson, Nye, Patrick, Rice, Souza, Stennett, Thayn, Vick, Ward-Engelking, Winder, Woodward. H 71, by Business Committee, was read the second time at Total - 34. length and filed for third reading. NAYS–None. The Senate advanced to the Thirteenth Order of Business. Absent and excused–Anthon. Total - 1. Third Reading of Bills Total - 35. On request by Senator Heider, granted by unanimous consent, S 1129 was referred to the Fourteenth Order of Business, Whereupon the President declared S 1082 passed, title was General Calendar. approved, and the bill ordered transmitted to the House. On request by Senator Lee, granted by unanimous consent, S 1069 was read the third time at length, section by section, S 1075 was referred to the Fourteenth Order of Business, General and placed before the Senate for final consideration. Senator Calendar. Souza arose as sponsor of the bill and opened the debate. The question being, "Shall the bill pass?" S 1083, having been held to a date certain, was read the third time at length, section by section, and placed before the Senate for Roll call resulted as follows: final consideration. Senator Johnson arose as sponsor of the bill and opened the debate. The question being, "Shall the bill pass?" AYES–Agenbroad, Bair, Bayer, Brackett, Buckner-Webb, Burgoyne, Burtenshaw, Cheatham, Crabtree, Den Hartog, Grow, Roll call resulted as follows: Guthrie, Harris, Heider, Hill, Johnson, Jordan, Lakey, Lee, Lent, Lodge, Martin, Mortimer, Nelson, Nye, Patrick, Rice, Souza, AYES–Agenbroad, Bair, Bayer, Brackett, Buckner-Webb, Stennett, Thayn, Vick, Ward-Engelking, Winder, Woodward. Burgoyne, Burtenshaw, Cheatham, Crabtree, Den Hartog, Grow, Total - 34. Guthrie, Harris, Heider, Hill, Johnson, Jordan, Lakey, Lee, Lent, Lodge, Martin, Mortimer, Nelson, Nye, Patrick, Rice, Souza, NAYS–None. Stennett, Thayn, Vick, Ward-Engelking, Winder, Woodward. Total - 34. Absent and excused–Anthon. Total - 1. NAYS–None. Total - 35. 134 SENATE JOURNAL February 27, 2019]

Whereupon the President declared S 1069 passed, title was Whereupon the President declared S 1070, as approved, and the bill ordered transmitted to the House. amended, passed, title was approved, and the bill ordered transmitted to the House. S 1097 was read the third time at length, section by section, and placed before the Senate for final consideration. Senator S 1060, as amended, was read the third time at length, section Souza arose as sponsor of the bill and opened the debate. The by section, and placed before the Senate for final consideration. question being, "Shall the bill pass?" Senator Thayn 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–Agenbroad, Bair, Bayer, Brackett, Buckner-Webb, Burgoyne, Burtenshaw, Cheatham, Crabtree, Den Hartog, Grow, AYES–Agenbroad, Bair, Bayer, Brackett, Buckner-Webb, Guthrie, Harris, Heider, Hill, Johnson, Jordan, Lakey, Lee, Lent, Burgoyne, Burtenshaw, Cheatham, Crabtree, Den Hartog, Grow, Lodge, Martin, Mortimer, Nelson, Nye, Patrick, Rice, Souza, Guthrie, Harris, Heider, Hill, Johnson, Jordan, Lakey, Lee, Lent, Stennett, Thayn, Vick, Ward-Engelking, Winder, Woodward. Lodge, Martin, Mortimer, Nelson, Nye, Patrick, Rice, Souza, Total - 34. Stennett, Thayn, Vick, Ward-Engelking, Winder, Woodward. Total - 34. NAYS–None. NAYS–None. Absent and excused–Anthon. Total - 1. Total - 35. Absent and excused–Anthon. Total - 1. Whereupon the President declared S 1097 passed, title was Total - 35. approved, and the bill ordered transmitted to the House. Whereupon the President declared S 1060, as On request by Senator Winder, granted by unanimous amended, passed, title was approved, and the bill ordered consent, S 1018, as amended, retained its place on the Third transmitted to the House. Reading Calendar for one legislative day. S 1076 was read the third time at length, section by section, S 1007, 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. Souza arose as sponsor of the bill and opened the debate. The Senator Guthrie 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–Agenbroad, Bayer, Brackett, Buckner-Webb, AYES–Agenbroad, Bair, Bayer, Brackett, Buckner-Webb, Burgoyne, Cheatham, Crabtree, Den Hartog, Guthrie, Jordan, Burgoyne, Burtenshaw, Den Hartog, Grow, Guthrie, Harris, Lakey, Lodge, Nelson, Patrick, Rice, Souza, Stennett, Thayn, Heider, Hill, Johnson, Jordan, Lakey, Lee, Lodge, Martin, Vick, Ward-Engelking, Winder, Woodward. Total - 22. Mortimer, Nelson, Nye, Patrick, Souza, Stennett, Thayn, NAYS–Bair, Burtenshaw, Grow, Harris, Heider, Hill, Ward-Engelking, Winder. Total - 28. Johnson, Lee, Lent, Martin, Mortimer, Nye. Total - 12. NAYS–Cheatham, Crabtree, Lent, Rice, Vick, Woodward. Total - 6. Absent and excused–Anthon. Total - 1. Absent and excused–Anthon. Total - 1. Total - 35. Total - 35. Whereupon the President declared S 1076 passed, title was approved, and the bill ordered transmitted to the House. Whereupon the President declared S 1007, as amended, passed, title was approved, and the bill ordered S 1111 was read the third time at length, section by section, 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 S 1070, as amended, was read the third time at length, section question being, "Shall the bill pass?" by section, and placed before the Senate for final consideration. Senator Lakey arose as sponsor of the bill and opened the debate. Roll call resulted as follows: The question being, "Shall the bill pass?" AYES–Agenbroad, Bair, Bayer, Brackett, Buckner-Webb, Roll call resulted as follows: Burgoyne, Burtenshaw, Cheatham, Crabtree, Den Hartog, Grow, Guthrie, Harris, Heider, Hill, Johnson, Jordan, Lakey, Lee, Lent, AYES–Agenbroad, Bair, Bayer, Brackett, Buckner-Webb, Lodge, Martin, Mortimer, Nelson, Nye, Patrick, Rice, Souza, Burgoyne, Burtenshaw, Cheatham, Crabtree, Den Hartog, Grow, Stennett, Thayn, Vick, Ward-Engelking, Winder, Woodward. Guthrie, Harris, Heider, Hill, Johnson, Jordan, Lakey, Lee, Lent, Total - 34. Lodge, Martin, Mortimer, Nelson, Nye, Patrick, Rice, Souza, Stennett, Thayn, Vick, Ward-Engelking, Winder, Woodward. NAYS–None. Total - 34. Absent and excused–Anthon. Total - 1. NAYS–None. Total - 35. Absent and excused–Anthon. Total - 1. Whereupon the President declared S 1111 passed, title was Total - 35. approved, and the bill ordered transmitted to the House. [February 27, 2019 SENATE JOURNAL 135

S 1112 was read the third time at length, section by section, and placed before the Senate for final consideration. Senator Harris arose as sponsor of the bill and opened the debate. The question being, "Shall the bill pass?" Roll call resulted as follows: AYES–Agenbroad, Bair, Bayer, Brackett, Buckner-Webb, Burgoyne, Burtenshaw, Cheatham, Crabtree, Den Hartog, Grow, Guthrie, Harris, Heider, Hill, Johnson, Jordan, Lakey, Lee, Lent, Lodge, Martin, Mortimer, Nelson, Nye, Patrick, Rice, Souza, Stennett, Thayn, Vick, Ward-Engelking, Winder, Woodward. Total - 34. NAYS–None. Absent and excused–Anthon. Total - 1. Total - 35. Whereupon the President declared S 1112 passed, title was approved, and the bill ordered transmitted to the House. H 42, as amended in the Senate, was read the third time at length, section by section, and placed before the Senate for final consideration. Senator Vick arose as sponsor of the bill and opened the debate. The question being, "Shall the bill pass?" Roll call resulted as follows: AYES–Agenbroad, Bair, Bayer, Brackett, Buckner-Webb, Burgoyne, Burtenshaw, Cheatham, Crabtree, Den Hartog, Grow, Guthrie, Harris, Heider, Hill, Johnson, Jordan, Lakey, Lee, Lent, Lodge, Martin, Mortimer, Nelson, Nye, Patrick, Rice, Souza, Stennett, Thayn, Vick, Ward-Engelking, Winder, Woodward. Total - 34. NAYS–None. Absent and excused–Anthon. Total - 1. Total - 35. Whereupon the President declared H 42, as amended in the Senate, passed, title was approved, and the bill ordered returned to the House for possible concurrence. 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 Stennett, by voice vote, the Senate adjourned at 12:03 p.m. until the hour of 10 a.m., Thursday, February 28, 2019. JANICE MCGEACHIN, President Attest: JENNIFER NOVAK, Secretary 136 SENATE JOURNAL February 28, 2019]

SENATE JOURNAL Upon presentation of the petition, the President waived the provisions of Joint Rule 20 for the introduction of RS26995. The OF THE correspondence was ordered filed in the office of the Secretary of the Senate

IDAHO LEGISLATURE SJR 102 BY JUDICIARY AND RULES COMMITTEE FIRST REGULAR SESSION A JOINT RESOLUTION SIXTY-FIFTH LEGISLATURE PROPOSING AN AMENDMENT TO SECTION 22, ARTICLE I, OF THE CONSTITUTION OF THE STATE OF IDAHO, RELATING TO RIGHTS OF CRIME VICTIMS; STATING THE QUESTION TO BE SUBMITTED TO THE ELECTORATE; DIRECTING THE LEGISLATIVE COUNCIL FIFTY-THIRD LEGISLATIVE DAY TO PREPARE THE STATEMENTS REQUIRED BY LAW; THURSDAY, FEBRUARY 28, 2019 AND DIRECTING THE SECRETARY OF STATE TO PUBLISH THE AMENDMENT AND ARGUMENTS AS REQUIRED BY LAW. Senate Chamber SJR 102 was introduced, read the first time at length, and President McGeachin called the Senate to order at 10 a.m. referred to the Judiciary and Rules Committee for printing. Roll call showed all members present except Senators Lodge Senator Martin was recorded present at this order of business. and Martin, absent and excused. The Senate advanced to the Sixth Order of Business. Prayer was offered by Chaplain Montie Ralstin. Reports of Standing Committees The Pledge of Allegiance was led by Jakob Alt, Page. February 28, 2019 The Senate advanced to the Third Order of Business. The JUDICIARY AND RULES Committee reports that Reading and Correction of the Journal SCR 104, SCR 105, and SCR 106 have been correctly printed. LAKEY, Chairman The JUDICIARY AND RULES Committee reports that the Senate Journal of the proceedings of February 27, 2019, was read SCR 104, SCR 105, and SCR 106 were referred to the Tenth and approved as corrected. Order of Business, Motions and Resolutions, and ordered held at the Secretary's desk for one legislative day. LAKEY, Chairman February 27, 2019 There being no objection, the report was adopted and ordered filed in the office of the Secretary of the Senate. The JUDICIARY AND RULES Committee reports that S 1077 has been correctly enrolled. On request by Senator Winder, granted by unanimous consent, the Senate advanced to the Fifth Order of Business. LAKEY, Chairman The President signed Enrolled S 1077 and ordered it Petitions, Resolutions, and Memorials transmitted to the House for the signature of the Speaker. PETITION TO WAIVE JOINT RULE 20 February 27, 2019 The JUDICIARY AND RULES Committee reports that Enrolled S 1030 was delivered to the Office of the Governor at We, the majority leadership of the Senate, petition that 2:07 p.m., February 27, 2019. the President waive the provisions of Joint Rule 20 pertaining to the limitation on introduction of proposed constitutional LAKEY, Chairman amendments, which would permit the introduction and consideration of RS26995. The joint resolution provides for The report was ordered filed in the office of the Secretary of certain rights of crime victims and provides that individual rights the Senate. under the Federal Constitution and Idaho Constitution are not February 27, 2019 superceded. The FINANCE Committee reports out H 174 with the /s/ President Pro Tempore, Brent Hill recommendation that it do pass. /s/ Senate Majority Leader, Chuck Winder BAIR, Chairman /s/ Assistant Majority Leader, Steve Vick H 174 was filed for second reading. /s/ Majority Caucus Chair, February 27, 2019 /s/ Minority Leader, Michelle Stennett The JUDICIARY AND RULES Committee reports out S 1074, S 1134, and S 1133 with the recommendation that they /s/ Assistant Minority Leader, Cherie Buckner-Webb do pass. /s/ Minority Caucus Chair, Maryanne Jordan LAKEY, Chairman [February 28, 2019 SENATE JOURNAL 137

S 1074, S 1134, and S 1133 were filed for second reading. DIVISION OF MEDICAID FOR FISCAL YEAR 2019; APPROPRIATING ADDITIONAL MONEYS TO THE February 27, 2019 DEPARTMENT OF HEALTH AND WELFARE FOR THE The EDUCATION Committee reports out S 1061 with the DIVISION OF MEDICAID FOR FISCAL YEAR 2019; recommendation that it be referred to the Fourteenth Order of REDUCING THE APPROPRIATION TO THE DEPARTMENT Business for amendment. OF HEALTH AND WELFARE FOR THE DIVISION OF MEDICAID FOR FISCAL YEAR 2019; AND DECLARING MORTIMER, Chairman AN EMERGENCY. There being no objection, S 1061 was referred to the S 1140 Fourteenth Order of Business, General Calendar. BY FINANCE COMMITTEE February 27, 2019 AN ACT RELATING TO THE APPROPRIATION TO THE The LOCAL GOVERNMENT AND TAXATION DEPARTMENT OF HEALTH AND WELFARE FOR FISCAL Committee reports out H 91 and H 103 with the recommendation YEAR 2019; APPROPRIATING ADDITIONAL MONEYS TO that they do pass. THE DEPARTMENT OF HEALTH AND WELFARE FOR RICE, Chairman THE PUBLIC HEALTH SERVICES DIVISION FOR FISCAL YEAR 2019; APPROPRIATING ADDITIONAL MONEYS H 91 and H 103 were filed for second reading. TO THE DEPARTMENT OF HEALTH AND WELFARE FOR THE FOSTER AND ASSISTANCE PAYMENTS On request by Senator Winder, granted by unanimous PROGRAM FOR FISCAL YEAR 2019; REDUCING THE consent, the Senate advanced to the Eighth Order of Business. APPROPRIATION TO THE DEPARTMENT OF HEALTH Messages from the Governor AND WELFARE FOR THE MEDICAID ADMINISTRATION AND MEDICAL MANAGEMENT PROGRAM FOR FISCAL February 27, 2019 YEAR 2019; REDUCING THE APPROPRIATION TO THE DEPARTMENT OF HEALTH AND WELFARE FOR THE The Honorable Janice McGeachin HEALTH CARE POLICY INITIATIVES PROGRAM FOR President of the Senate FISCAL YEAR 2019; REDUCING THE APPROPRIATION Idaho Legislature TO THE DEPARTMENT OF HEALTH AND WELFARE Dear Madam President: FOR THE SOUTHWEST IDAHO TREATMENT CENTER PROGRAM FOR FISCAL YEAR 2019; REDUCING THE I have the honor to inform you that I have signed today and APPROPRIATION TO THE DEPARTMENT OF HEALTH am transmitting to the Secretary of State the following Senate AND WELFARE FOR THE SELF-RELIANCE OPERATIONS Bill, to wit: PROGRAM FOR FISCAL YEAR 2019; REDUCING THE APPROPRIATION TO THE DEPARTMENT OF HEALTH S 1039 AND WELFARE FOR THE PUBLIC HEALTH SERVICES Sincerely, DIVISION FOR FISCAL YEAR 2019; AND DECLARING /s/ Brad Little AN EMERGENCY. Governor of Idaho S 1141 The correspondence was ordered filed in the office of the BY FINANCE COMMITTEE Secretary of the Senate. AN ACT The Senate advanced to the Ninth Order of Business. RELATING TO THE APPROPRIATION TO THE STATE APPELLATE PUBLIC DEFENDER FOR FISCAL YEAR Messages from the House 2020; APPROPRIATING MONEYS TO THE STATE APPELLATE PUBLIC DEFENDER FOR FISCAL YEAR 2020; February 27, 2019 LIMITING THE NUMBER OF AUTHORIZED FULL-TIME Dear Madam President: EQUIVALENT POSITIONS; PROVIDING REQUIREMENTS FOR THE PAYMENT OF OUTSIDE COUNSEL COSTS; AND I transmit herewith Enrolled HCR 11 for the signature of the PROVIDING REQUIREMENTS FOR THE PAYMENT OF President. CAPITAL REPRESENTATION COSTS. MAULIN, Chief Clerk S 1142 The President signed Enrolled HCR 11 and ordered it BY FINANCE COMMITTEE returned to the House. AN ACT RELATING TO THE APPROPRIATION TO THE On request by Senator Winder, granted by unanimous ENDOWMENT FUND INVESTMENT BOARD FOR consent, the Senate advanced to the Eleventh Order of Business. FISCAL YEAR 2020; APPROPRIATING MONEYS TO THE Introduction, First Reading, and Reference of Bills, ENDOWMENT FUND INVESTMENT BOARD FOR FISCAL House Petitions, Resolutions, and Memorials YEAR 2020; LIMITING THE NUMBER OF AUTHORIZED FULL-TIME EQUIVALENT POSITIONS; PROVIDING A S 1139 CONTINUOUS APPROPRIATION FOR CERTAIN COSTS; BY FINANCE COMMITTEE AND PROVIDING REQUIREMENTS FOR THE TRANSFER AN ACT OF MONEYS FROM EARNINGS RESERVE FUNDS TO RELATING TO THE APPROPRIATION TO THE INCOME FUNDS. DEPARTMENT OF HEALTH AND WELFARE FOR THE 138 SENATE JOURNAL February 28, 2019]

S 1143 Report of the Committee of the Whole BY FINANCE COMMITTEE AN ACT Senator Vick, Chairman of the Committee of the Whole, RELATING TO THE APPROPRIATION TO THE LAVA reported out S 1037, S 1109, S 1088, S 1034, S 1099, S 1129, HOT SPRINGS FOUNDATION FOR FISCAL YEAR and S 1075, without recommendation, amended as follows: 2020; APPROPRIATING MONEYS TO THE LAVA HOT SPRINGS FOUNDATION FOR FISCAL YEAR 2020; AND SENATE AMENDMENT TO S 1037 LIMITING THE NUMBER OF AUTHORIZED FULL-TIME AMENDMENT TO SECTION 1 EQUIVALENT POSITIONS. On page 1 of the printed bill, in line 11, following "any surveyor" insert: "or his subordinate"; and delete lines 23 through S 1144 26, and insert: BY FINANCE COMMITTEE "(4) The surveyor, or any employee or agent of the land AN ACT surveyor, may not enter upon land for the purpose of surveying, RELATING TO THE APPROPRIATION TO THE performing other survey work, or establishing a permanent COMMISSION OF PARDONS AND PAROLE FOR survey monument without first providing prior notice to the FISCAL YEAR 2020; APPROPRIATING MONEYS TO landowner or occupant by first class mail or by personal notice. If THE COMMISSION OF PARDONS AND PAROLE FOR the land is occupied by a person other than the landowner, prior FISCAL YEAR 2020; AND LIMITING THE NUMBER OF notice must also be given to the occupant by first class mail or by AUTHORIZED FULL-TIME EQUIVALENT POSITIONS. personal notice. Notice that is given by first class mail must be mailed as soon as practicable following the contract or agreement S 1145 to perform the work and at least seven (7) days prior to the entry BY FINANCE COMMITTEE onto the land unless the notice period is waived in writing by the AN ACT landowner, occupant, or an agent thereof. Notice that is given RELATING TO THE APPROPRIATION TO THE by personal notice must be hand-delivered to the landowner or AGRICULTURAL RESEARCH AND COOPERATIVE occupant or, if hand delivery cannot be accomplished, it may be EXTENSION SERVICE FOR FISCAL YEAR 2020; posted in a conspicuous place where the landowner or occupant APPROPRIATING MONEYS TO THE AGRICULTURAL may reasonably be expected to see the notice. The notice shall RESEARCH AND COOPERATIVE EXTENSION give the professional land surveyor's name, address, telephone SERVICE FOR FISCAL YEAR 2020; AND EXEMPTING number, purpose, availability of the survey, and the presence of THE APPROPRIATION FROM OBJECT TRANSFER any temporary or permanent monuments or other markers to be LIMITATIONS. established by the surveyor and left on the land. The surveyor or his agent or employee shall cooperate with the landowner, S 1146 occupant, or agent thereof to avoid disruption of a business or BY JUDICIARY AND RULES COMMITTEE agricultural operation.". AN ACT RELATING TO JUDGES; AMENDING SECTION 59-502, SENATE AMENDMENT TO S 1109 IDAHO CODE, TO REVISE A PROVISION REGARDING AMENDMENT TO SECTION 1 THE SALARY OF JUSTICES OF THE SUPREME COURT. On page 1 of the printed bill, following line 15, insert: "(3) Nothing in this section shall be construed to create a S 1139, S 1140, S 1141, S 1142, S 1143, S 1144, S 1145, and cause of action against any individual, the state of Idaho, any S 1146 were introduced, read the first time at length, and referred counties or cities of the state, or any law enforcement entity to the Judiciary and Rules Committee for printing. within the state.". The Senate advanced to the Twelfth Order of Business. CORRECTION TO TITLE On page 1, in line 4, delete "AND TO DEFINE A TERM" and insert: ", TO DEFINE A TERM, AND TO PROVIDE THAT Second Reading of Bills NO CAUSE OF ACTION SHALL BE CREATED".

H 63, by State Affairs Committee, was read the second time SENATE AMENDMENT TO S 1088 at length and filed for third reading. AMENDMENT TO SECTION 1 S 1078, S 1079, S 1080, and S 1081, by State Affairs On page 2 of the printed bill, in line 46, following "ties." Committee, were read the second time at length and filed for insert: "The commission may prescribe by rule the manner and third reading. conditions of using the permits or tags authorized under this subsection.". On request by Senator Winder, granted by unanimous consent, the Senate advanced to the Fourteenth Order of SENATE AMENDMENT TO S 1034 Business. AMENDMENT TO SECTION 1 On page 1 of the printed bill, in line 15, following "covering" insert: "food and drug administration approved"; in line 16, delete General Calendar "and" and insert: ","; and in line 17, before "shall" insert: ", and meeting health benefit plan coverage criteria". The President declared the Senate resolved into the Committee of the Whole and called Senator Vick to the Chair to AMENDMENT TO THE BILL preside during the sitting of the Committee of the Whole. On page 1, following line 27, insert: "SECTION 2. This act shall be in full force and effect on and Following the adjournment of the Committee of the Whole, after January 1, 2020.". the President called the Senate to order. [February 28, 2019 SENATE JOURNAL 139

CORRECTION TO TITLE transitional living placement who reaches the age of eighteen (18) On page 1, in line 4, following "MEDICATIONS" insert: "; years but is less than twenty-one (21) years of age. AND PROVIDING AN EFFECTIVE DATE". (10) "Day school" means a public, private, parochial or secular facility offering an educational program in which the SENATE AMENDMENT TO S 1099 children leave the facility each day at the conclusion of the AMENDMENT TO THE BILL academic, vocational or school supervised activities. On page 1 of the printed bill, delete lines 6 through 41; and (11) "Department" means the state department of health and delete page 2, and insert: welfare. "SECTION 1. That Section 39-1202, Idaho Code, be, and the (12) "Director" means the director of the department of same is hereby amended to read as follows: health and welfare. (13) "Foster care" means child care by a person not related 39-1202. DEFINITIONS. For the purposes of this to the child, in lieu of parental care, in a foster home. chapter: (14) "Foster home" means a home which accepts, for any (1) "Board" means the Idaho board of health and welfare. period of time, with or without compensation, one (1) or more (2) "Child care" means that care, control, supervision or children who are not related to the foster parent as members of the maintenance of children for twenty-four (24) hours a day which household for the purpose of providing substitute parental care. is provided as an alternative to parental care. (15) "Group care" means foster care of a number of children (3) "Child" means an individual less than eighteen (18) for whom child care in a family setting is not available or years of age who is not enrolled in an institution of higher appropriate, in a dormitory or cottage type setting, characterized education. by activities and discipline of a more regimented and less formal (4) "Children's agency" means a person who operates a nature than found in a family setting. business for the placement of children in foster homes or for (16) "Juvenile detention" is as defined in section 20-502(6), adoption in a permanent home and who does not provide child Idaho Code, of the juvenile corrections act. care as part of that business. Children's agency does not include (17) "Juvenile detention center" means a facility established a licensed attorney or physician assisting or providing natural pursuant to sections 20-517 and 20-518, Idaho Code. and adoptive parents with legal services or medical services (18) "Person" includes any individual, group of individuals, necessary to initiate and complete adoptive placements. association, partnership, limited liability company or corporation. (5) "Children's camp" means a program of child care (19) "Placement" means finding a suitable licensed foster at a location away from the child's home which is primarily home or suitable adoptive home for a child and completing the recreational and includes the overnight accommodation of arrangements for a child to be accepted into and adjusted to such the child and is not intended to provide treatment, therapy or home. rehabilitation for the child. (20) "Relative" means a child's grandparent, great (6) "Children's institution" means a person who operates grandparent, aunt, great aunt, uncle, great uncle, brother-in-law, a residential facility for children not related to that person if sister-in-law, first cousin, sibling and half-sibling. that person is an individual, for the purpose of providing child (21) "Representative" means an employee of the state care. Children's institutions include, but are not limited to, department of health and welfare. foster homes, maternity homes, children's therapeutic outdoor (22) "Residential facility" means any facility where child programs, or any facilities providing treatment, therapy or care is provided, as defined in this section, and which provides rehabilitation for children. Children's institutions do not include: day and night accommodation. (a) facilities which provide only daycare as defined in chapter (23) "Residential school" means a residential facility for 11, title 39, Idaho Code; (b) facilities and agencies including children which: hospitals, skilled nursing facilities, intermediate care facilities, (a) Provides a planned, scheduled, regular, academic or and intermediate care facilities for people with intellectual vocational school program for students in the elementary, disabilities licensed pursuant to chapter 13, title 39, Idaho Code; middle or secondary grades as defined in section 33-1001, (c) day schools; (d) individuals acting in an advisory capacity, Idaho Code; and counseling a child in a religious context, and providing no child (b) Provides services substantially comparable to those care associated with the advice; (e) the occasional or irregular provided in nonresidential public schools where the primary care of a neighbor's, relative's or friend's child or children by a purpose is the education and academic pursuits of the person not ordinarily engaged in child care. students; and (7) "Children's residential care facility" means a children's (c) Does not seek, receive or enroll students for institution, excluding: treatment of such special needs as substance abuse, mental (a) Foster homes; illness, emotional disturbance, developmental disability or (b) Residential schools; intellectual disability; and (c) Children's camps; and (d) Is not: (d) Temporary alcohol-drug abuse treatment facilities. (i) A college or university; or No facility expressly excluded from the definition of a children's (ii) A children's camp as defined in this section; or institution is included within the definition of a children's (iii) A public or private day school in which the children residential care facility. leave the facility each day at the conclusion of the (8) "Children's therapeutic outdoor program" is a program academic, vocational and school supervised activities. which is designed to provide behavioral, substance abuse, or (24) "Transitional living" means living arrangements and mental health services to minors in an outdoor setting. This does aftercare services for children, or as continued care, to gain not include children's camps, church camps, or other outdoor experience living on their own in a supportive and supervised programs primarily designed to be educational or recreational, environment prior to emancipation. such as Boy Scouts, Girl Scouts, 4-H or sports camps. (25) "Temporary alcohol-drug abuse treatment facility" (9) "Continued care" means the ongoing placement of an means a children's residential care facility specializing in individual in a foster home, children's residential care facility, or providing programs of treatment for children whose primary 140 SENATE JOURNAL February 28, 2019] problem is alcohol or drug abuse, for children thirteen (13) Roll call resulted as follows: through seventeen (17) years of age where the child will not spend more than four (4) months in a temporary alcohol-drug AYES–Agenbroad, Anthon, Bair, Bayer, Brackett, abuse treatment facility per calendar year, and meet the following Buckner-Webb, Burgoyne, Burtenshaw, Cheatham, Crabtree, requirements: Den Hartog, Grow, Guthrie, Harris, Heider, Hill, Johnson, (a) The child has a prescription from a medical doctor Jordan, Lakey, Lee, Lent, Lodge, Martin, Mortimer, Nelson, Nye, verifying the child's need for substance abuse disorder or Patrick, Rice, Souza, Stennett, Thayn, Vick, Ward-Engelking, alcohol treatment; Winder, Woodward. Total - 35. (b) The child's parent, guardian, or other legal custodian has signed a consent for the child to obtain routine medical Whereupon the President declared S 1018, as care, emergency medical and surgical care, and substance amended, passed, title was approved, and the bill ordered abuse disorder treatment for the child; transmitted to the House. (c) The program conducts criminal history background S 1135 was read the third time at length, section by section, checks on all staff, volunteers, and others who have direct and placed before the Senate for final consideration. Senator access to children; and Johnson arose as sponsor of the bill and opened the debate. The (d) The program passes all zoning, electrical, plumbing, question being, "Shall the bill pass?" public health district, food safety and sanitation inspections for applicable residential businesses.". Roll call resulted as follows: CORRECTION TO TITLE AYES–Agenbroad, Anthon, Bair, Bayer, Brackett, On page 1, delete lines 2 through 4 and insert: Buckner-Webb, Burgoyne, Burtenshaw, Cheatham, Crabtree, "RELATING TO CHILD CARE LICENSING; AMENDING Den Hartog, Grow, Guthrie, Harris, Heider, Hill, Johnson, SECTION 39-1202, IDAHO CODE, TO REVISE A Jordan, Lakey, Lee, Lent, Lodge, Martin, Mortimer, Nelson, Nye, DEFINITION AND TO PROVIDE A DEFINITION.". Patrick, Rice, Souza, Stennett, Thayn, Vick, Ward-Engelking, Winder, Woodward. Total - 35. SENATE AMENDMENT TO S 1129 AMENDMENT TO SECTION 3 Whereupon the President declared S 1135 passed, title was On page 3 of the printed bill, delete lines 20 through 25, and approved, and the bill ordered transmitted to the House. insert: "(c) Dental therapy preventative treatment and S 1136 was read the third time at length, section by section, preventative services provided in a school or long-term care and placed before the Senate for final consideration. Senator facility in an incorporated city that is wholly or partially Crabtree arose as sponsor of the bill and opened the debate. The within or has a border contiguous to the boundaries of a question being, "Shall the bill pass?" tribal reservation.". Roll call resulted as follows: SENATE AMENDMENT TO S 1075 AMENDMENT TO SECTION 10 AYES–Agenbroad, Anthon, Bair, Bayer, Brackett, On page 5 of the printed bill, in line 27, following Buckner-Webb, Burgoyne, Burtenshaw, Cheatham, Crabtree, "regulations" insert: "effective as of January 1, 2019". Den Hartog, Grow, Guthrie, Harris, Heider, Hill, Johnson, Jordan, Lakey, Lee, Lent, Lodge, Martin, Mortimer, Nelson, Nye, The Committee also has S 1003, S 1104, S 1110, and Patrick, Rice, Souza, Stennett, Thayn, Vick, Ward-Engelking, S 1131 under consideration, reports progress, and begs leave to Winder, Woodward. Total - 35. sit again. Whereupon the President declared S 1136 passed, title was VICK, Chairman approved, and the bill ordered transmitted to the House. On motion by Senator Vick, seconded by Senator Stennett, S 1071 was read the third time at length, section by section, the report was adopted by voice vote. and placed before the Senate for final consideration. Senator Den Hartog arose as sponsor of the bill and opened the debate. The S 1037, as amended, S 1109, as amended, S 1088, as question being, "Shall the bill pass?" amended, S 1034, as amended, S 1099, as amended, S 1129, as amended, and S 1075, as amended, were referred to the Judiciary Roll call resulted as follows: and Rules Committee for engrossing and the amendments thereto were referred to the Judiciary and Rules Committee for printing. AYES–Agenbroad, Anthon, Bair, Bayer, Brackett, Buckner-Webb, Burgoyne, Burtenshaw, Cheatham, Crabtree, On request by Senator Winder, granted by unanimous Den Hartog, Grow, Guthrie, Harris, Heider, Hill, Johnson, consent, the Senate returned to the Thirteenth Order of Business. Jordan, Lakey, Lee, Lent, Lodge, Martin, Mortimer, Nelson, Nye, Patrick, Rice, Souza, Stennett, Thayn, Vick, Ward-Engelking, Winder, Woodward. Total - 35. Third Reading of Bills On request by Senator Anthon, granted by unanimous Whereupon the President declared S 1071 passed, title was consent, S 1091 was referred to the Fourteenth Order of Business, approved, and the bill ordered transmitted to the House. General Calendar. S 1018, as amended, was read the third time at length, section S 1072 was read the third time at length, section by section, by section, and placed before the Senate for final consideration. and placed before the Senate for final consideration. Senator Den Senator Anthon arose as sponsor of the bill and opened the Hartog arose as sponsor of the bill and opened the debate. The debate. The question being, "Shall the bill pass?" question being, "Shall the bill pass?" [February 28, 2019 SENATE JOURNAL 141

Roll call resulted as follows: Den Hartog, Grow, Guthrie, Harris, Heider, Hill, Johnson, Jordan, Lakey, Lee, Lent, Lodge, Martin, Mortimer, Nelson, Nye, AYES–Agenbroad, Anthon, Bair, Bayer, Brackett, Patrick, Rice, Souza, Stennett, Thayn, Vick, Ward-Engelking, Buckner-Webb, Burgoyne, Burtenshaw, Cheatham, Crabtree, Winder, Woodward. Total - 35. Den Hartog, Grow, Guthrie, Harris, Heider, Hill, Johnson, Jordan, Lakey, Lee, Lent, Lodge, Martin, Mortimer, Nelson, Nye, Whereupon the President declared H 37 passed, title was Patrick, Rice, Souza, Stennett, Thayn, Vick, Ward-Engelking, approved, and the bill ordered returned to the House. Winder, Woodward. Total - 35. H 22 was read the third time at length, section by section, and Whereupon the President declared S 1072 passed, title was placed before the Senate for final consideration. Senator Nelson approved, and the bill ordered transmitted to the House. arose as sponsor of the bill and opened the debate. The question being, "Shall the bill pass?" S 1127 was read the third time at length, section by section, and placed before the Senate for final consideration. Senator Roll call resulted as follows: Burgoyne arose as sponsor of the bill and opened the debate. The question being, "Shall the bill pass?" AYES–Agenbroad, Anthon, Bair, Bayer, Brackett, Buckner-Webb, Burgoyne, Burtenshaw, Cheatham, Crabtree, Roll call resulted as follows: Den Hartog, Grow, Guthrie, Harris, Heider, Hill, Johnson, Jordan, Lakey, Lee, Lent, Lodge, Martin, Mortimer, Nelson, Nye, AYES–Agenbroad, Anthon, Bair, Bayer, Brackett, Patrick, Rice, Souza, Stennett, Thayn, Vick, Ward-Engelking, Buckner-Webb, Burgoyne, Burtenshaw, Cheatham, Crabtree, Winder, Woodward. Total - 35. Den Hartog, Grow, Guthrie, Harris, Heider, Hill, Johnson, Jordan, Lakey, Lee, Lent, Lodge, Martin, Mortimer, Nelson, Nye, Whereupon the President declared H 22 passed, title was Patrick, Rice, Souza, Stennett, Thayn, Vick, Ward-Engelking, approved, and the bill ordered returned to the House. Winder, Woodward. Total - 35. H 64 was read the third time at length, section by section, Whereupon the President declared S 1127 passed, title was and placed before the Senate for final consideration. Senator Vick approved, and the bill ordered transmitted to the House. arose as sponsor of the bill and opened the debate. The question being, "Shall the bill pass?" H 8 was read the third time at length, section by section, and placed before the Senate for final consideration. Senator Bayer Roll call resulted as follows: arose as sponsor of the bill and opened the debate. The question being, "Shall the bill pass?" AYES–Agenbroad, Anthon, Bair, Bayer, Brackett, Cheatham, Crabtree, Den Hartog, Grow, Guthrie, Harris, Heider, Roll call resulted as follows: Hill, Lakey, Lee, Lent, Lodge, Martin, Mortimer, Patrick, Rice, AYES–Agenbroad, Anthon, Bair, Bayer, Brackett, Souza, Thayn, Vick, Winder, Woodward. Total - 26. Buckner-Webb, Burgoyne, Burtenshaw, Cheatham, Crabtree, NAYS–Buckner-Webb, Burgoyne, Johnson, Jordan, Nelson, Den Hartog, Grow, Guthrie, Harris, Heider, Hill, Johnson, Nye, Stennett, Ward-Engelking. Total - 8. Jordan, Lakey, Lee, Lent, Lodge, Martin, Mortimer, Nelson, Nye, Patrick, Rice, Souza, Stennett, Thayn, Vick, Ward-Engelking, Absent and excused–Burtenshaw. Total - 1. Winder, Woodward. Total - 35. Total - 35. Whereupon the President declared H 8 passed, title was approved, and the bill ordered returned to the House. Whereupon the President declared H 64 passed, title was approved, and the bill ordered returned to the House. H 18 was read the third time at length, section by section, and placed before the Senate for final consideration. Senator Nelson H 132 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?" Grow 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–Agenbroad, Anthon, Bair, Bayer, Brackett, Buckner-Webb, Burgoyne, Burtenshaw, Cheatham, Crabtree, AYES–Agenbroad, Anthon, Bair, Bayer, Brackett, Den Hartog, Grow, Guthrie, Harris, Heider, Hill, Johnson, Buckner-Webb, Burgoyne, Burtenshaw, Cheatham, Crabtree, Jordan, Lakey, Lee, Lent, Lodge, Martin, Mortimer, Nelson, Nye, Den Hartog, Grow, Heider, Hill, Johnson, Jordan, Lakey, Lee, Patrick, Rice, Souza, Stennett, Thayn, Vick, Ward-Engelking, Lent, Lodge, Martin, Mortimer, Nelson, Nye, Rice, Souza, Winder, Woodward. Total - 35. Stennett, Thayn, Vick, Ward-Engelking, Winder, Woodward. Total - 32. Whereupon the President declared H 18 passed, title was approved, and the bill ordered returned to the House. NAYS–Guthrie, Harris, Patrick. Total - 3. H 37 was read the third time at length, section by section, and Total - 35. placed before the Senate for final consideration. Senator Jordan arose as sponsor of the bill and opened the debate. The question Whereupon the President declared H 132 passed, title was being, "Shall the bill pass?" approved, and the bill ordered returned to the House. Roll call resulted as follows: H 60 was read the third time at length, section by section, and placed before the Senate for final consideration. Senator Patrick AYES–Agenbroad, Anthon, Bair, Bayer, Brackett, arose as sponsor of the bill and opened the debate. The question Buckner-Webb, Burgoyne, Burtenshaw, Cheatham, Crabtree, being, "Shall the bill pass?" 142 SENATE JOURNAL February 28, 2019]

Roll call resulted as follows: Total - 35. AYES–Agenbroad, Anthon, Bair, Bayer, Brackett, Whereupon the President declared H 86 passed, title was Buckner-Webb, Burgoyne, Burtenshaw, Cheatham, Crabtree, approved, and the bill ordered returned to the House. Den Hartog, Grow, Guthrie, Harris, Heider, Hill, Johnson, Jordan, Lakey, Lee, Lent, Lodge, Martin, Mortimer, Nelson, Nye, On request by Senator Winder, granted by unanimous Patrick, Rice, Souza, Stennett, Thayn, Vick, Ward-Engelking, consent, the Senate returned to the Fourth Order of Business. Winder, Woodward. Total - 35. Reading of Communications Whereupon the President declared H 60 passed, title was On request by Senator Winder, granted by unanimous approved, and the bill ordered returned to the House. consent, the Senate advanced to the Fifth Order of Business. H 3 was read the third time at length, section by section, and Petitions, Resolutions, and Memorials placed before the Senate for final consideration. Senator Martin arose as sponsor of the bill and opened the debate. The question On motion by Senator Winder, seconded by Senator Stennett, being, "Shall the bill pass?" by voice vote the Senate recessed at 12:01 p.m. until the hour of Roll call resulted as follows: 4:15 p.m. of this day. AYES–Agenbroad, Brackett, Buckner-Webb, Burgoyne, RECESS Burtenshaw, Crabtree, Grow, Heider, Hill, Johnson, Jordan, Lee, AFTERNOON SESSION Lent, Lodge, Martin, Nelson, Nye, Patrick, Souza, Stennett, The Senate reconvened at 4:15 p.m., pursuant to recess, Thayn, Ward-Engelking, Winder, Woodward. Total - 24. President McGeachin presiding. NAYS–Anthon, Bair, Bayer, Cheatham, Den Hartog, Roll call showed all members present except Senators Den Guthrie, Harris, Lakey, Mortimer, Vick. Total - 10. Hartog and Rice, absent and formally excused by the Chair; and Absent and excused–Rice. Total - 1. Senators Bair, Brackett, Heider, Lakey, Lodge, and Stennett, absent and excused. Total - 35. Prior to recess the Senate was at the Fifth Order of Business, Whereupon the President declared H 3 passed, title was Petitions, Resolutions, and Memorials. approved, and the bill ordered returned to the House. The Senate advanced to the Sixth Order of Business. H 4 was read the third time at length, section by section, and placed before the Senate for final consideration. Senator Lakey Reports of Standing Committees arose as sponsor of the bill and opened the debate. The question Senators Brackett, Heider, and Stennett were recorded being, "Shall the bill pass?" present at this order of business. Roll call resulted as follows: February 28, 2019 AYES–Agenbroad, Anthon, Bair, Bayer, Brackett, Buckner-Webb, Burgoyne, Burtenshaw, Cheatham, Crabtree, The JUDICIARY AND RULES Committee reports that Den Hartog, Grow, Guthrie, Harris, Heider, Hill, Johnson, SJR 102, S 1139, S 1140, S 1141, S 1142, S 1143, S 1144, Jordan, Lakey, Lee, Lent, Lodge, Martin, Mortimer, Nelson, S 1145, and S 1146 have been correctly printed. Nye, Patrick, Souza, Stennett, Thayn, Vick, Ward-Engelking, LAKEY, Chairman Winder, Woodward. Total - 34. SJR 102 was referred to the State Affairs Committee. NAYS–None. S 1139, S 1140, S 1141, S 1142, S 1143, S 1144, and Absent and excused–Rice. Total - 1. S 1145 were referred to the Finance Committee. Total - 35. S 1146 was referred to the Judiciary and Rules Committee. Whereupon the President declared H 4 passed, title was February 28, 2019 approved, and the bill ordered returned to the House. The JUDICIARY AND RULES Committee reports that H 86 was read the third time at length, section by section, and Senate amendments to S 1037, S 1109, S 1088, S 1034, S 1099, placed before the Senate for final consideration. Senator Grow S 1129, and S 1075 have been correctly printed. arose as sponsor of the bill and opened the debate. The question being, "Shall the bill pass?" LAKEY, Chairman The report was ordered filed in the office of the Secretary of Roll call resulted as follows: the Senate. AYES–Agenbroad, Anthon, Bair, Bayer, Brackett, February 28, 2019 Buckner-Webb, Burgoyne, Burtenshaw, Cheatham, Crabtree, Den Hartog, Grow, Guthrie, Harris, Heider, Hill, Jordan, Lakey, The JUDICIARY AND RULES Committee reports that Lee, Lent, Lodge, Martin, Mortimer, Nelson, Nye, Patrick, Rice, S 1037, as amended, S 1109, as amended, S 1088, as amended, Souza, Stennett, Thayn, Vick, Ward-Engelking, Woodward. S 1034, as amended, S 1099, as amended, S 1129, as amended, Total - 33. and S 1075, as amended, have been correctly engrossed. NAYS–Johnson, Winder. Total - 2. LAKEY, Chairman [February 28, 2019 SENATE JOURNAL 143

S 1037, as amended, S 1109, as amended, S 1088, as Whereupon the President declared H 87 passed, title was amended, S 1034, as amended, S 1099, as amended, S 1129, as approved, and the bill ordered returned to the House. amended, and S 1075, as amended, were filed for first reading. H 67 was read the third time at length, section by section, and February 28, 2019 placed before the Senate for final consideration. Senator Johnson arose as sponsor of the bill and opened the debate. The question The COMMERCE AND HUMAN RESOURCES being, "Shall the bill pass?" Committee reports out S 1068 with the recommendation that it be referred to the Fourteenth Order of Business for amendment. Roll call resulted as follows: PATRICK, Chairman AYES–Agenbroad, Anthon, Bair, Bayer, Brackett, Buckner-Webb, Burgoyne, Burtenshaw, Cheatham, Crabtree, There being no objection, S 1068 was referred to the Grow, Guthrie, Harris, Heider, Hill, Johnson, Jordan, Lakey, Lee, Fourteenth Order of Business, General Calendar. Lent, Lodge, Martin, Mortimer, Nelson, Nye, Patrick, Souza, February 28, 2019 Stennett, Thayn, Vick, Ward-Engelking, Winder, Woodward. Total - 33. The TRANSPORTATION Committee reports out H 24, H 74, H 75, and H 90 with the recommendation that they do NAYS–None. pass. Absent and excused–Den Hartog, Rice. Total - 2. BRACKETT, Chairman Total - 35. H 24, H 74, H 75, and H 90 were filed for second reading. Whereupon the President declared H 67 passed, title was On request by Senator Winder, granted by unanimous approved, and the bill ordered returned to the House. consent, the Senate advanced to the Eleventh Order of Business. H 59 was read the third time at length, section by section, and Introduction, First Reading, and Reference of Bills, placed before the Senate for final consideration. Senator Heider House Petitions, Resolutions, and Memorials arose as sponsor of the bill and opened the debate. The question being, "Shall the bill pass?" S 1037, as amended, by Commerce and Human Resources Committee, was read the first time at length and filed for second Roll call resulted as follows: reading. AYES–Agenbroad, Anthon, Bair, Bayer, Brackett, S 1109, as amended, by Judiciary and Rules Committee, was Buckner-Webb, Burgoyne, Burtenshaw, Cheatham, Crabtree, read the first time at length and filed for second reading. Grow, Guthrie, Harris, Heider, Hill, Johnson, Jordan, Lakey, Lee, Lent, Lodge, Martin, Mortimer, Nelson, Nye, Patrick, Souza, S 1088, as amended, by Resources and Environment Stennett, Thayn, Vick, Ward-Engelking, Winder, Woodward. Committee, was read the first time at length and filed for second Total - 33. reading. NAYS–None. S 1034, as amended, and S 1099, as amended, by Health and Welfare Committee, were read the first time at length and filed Absent and excused–Den Hartog, Rice. Total - 2. for second reading. Total - 35. S 1129, as amended, by Judiciary and Rules Committee, was Whereupon the President declared H 59 passed, title was read the first time at length and filed for second reading. approved, and the bill ordered returned to the House. S 1075, as amended, by Health and Welfare Committee, was read the first time at length and filed for second reading. H 159 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 Crabtree arose as sponsor of the bill and opened the debate. The consent, the Senate advanced to the Thirteenth Order of Business. question being, "Shall the bill pass?" Third Reading of Bills Roll call resulted as follows: H 87 was read the third time at length, section by section, AYES–Agenbroad, Anthon, Bair, Bayer, Brackett, and placed before the Senate for final consideration. Senator Lee Buckner-Webb, Burgoyne, Burtenshaw, Cheatham, Crabtree, arose as sponsor of the bill and opened the debate. The question Grow, Guthrie, Harris, Heider, Hill, Johnson, Jordan, Lakey, Lee, being, "Shall the bill pass?" Lent, Lodge, Martin, Mortimer, Nelson, Nye, Patrick, Souza, Stennett, Thayn, Vick, Ward-Engelking, Winder, Woodward. Roll call resulted as follows: Total - 33. AYES–Agenbroad, Anthon, Bair, Bayer, Brackett, NAYS–None. Buckner-Webb, Burgoyne, Burtenshaw, Cheatham, Crabtree, Grow, Guthrie, Harris, Heider, Hill, Jordan, Lakey, Lee, Lent, Absent and excused–Den Hartog, Rice. Total - 2. Lodge, Martin, Mortimer, Nye, Patrick, Souza, Stennett, Thayn, Vick, Ward-Engelking, Winder. Total - 30. Total - 35. NAYS–Johnson, Nelson, Woodward. Total - 3. Whereupon the President declared H 159 passed, title was approved, and the bill ordered returned to the House. Absent and excused–Den Hartog, Rice. Total - 2. H 7 was read the third time at length, section by section, and Total - 35. placed before the Senate for final consideration. Senator Guthrie 144 SENATE JOURNAL February 28, 2019] arose as sponsor of the bill and opened the debate. The question Thayn 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–Agenbroad, Anthon, Bair, Bayer, Brackett, AYES–Agenbroad, Anthon, Bair, Bayer, Brackett, Buckner-Webb, Burgoyne, Burtenshaw, Cheatham, Crabtree, Burtenshaw, Cheatham, Crabtree, Grow, Guthrie, Harris, Heider, Grow, Guthrie, Harris, Heider, Hill, Johnson, Jordan, Lakey, Lee, Hill, Johnson, Lakey, Lee, Lent, Lodge, Martin, Mortimer, Lent, Lodge, Martin, Mortimer, Nelson, Nye, Patrick, Souza, Nye, Patrick, Souza, Thayn, Vick, Ward-Engelking, Winder, Stennett, Thayn, Vick, Ward-Engelking, Winder, Woodward. Woodward. Total - 28. Total - 33. NAYS–Buckner-Webb, Burgoyne, Jordan, Nelson, Stennett. NAYS–None. Total - 5. Absent and excused–Den Hartog, Rice. Total - 2. Absent and excused–Den Hartog, Rice. Total - 2. Total - 35. Total - 35. Whereupon the President declared H 7 passed, title was Whereupon the President declared H 108 passed, title was approved, and the bill ordered returned to the House. approved, and the bill ordered returned to the House. H 27 was read the third time at length, section by section, and On request by Senator Winder, granted by unanimous placed before the Senate for final consideration. Senator Guthrie consent, all Senate bills were placed at the head of the Third arose as sponsor of the bill and opened the debate. The question Reading Calendar, followed by House bills. being, "Shall the bill pass?" On request by Senator Winder, granted by unanimous Roll call resulted as follows: consent, the Senate advanced to the Fifteenth Order of Business. AYES–Agenbroad, Anthon, Bair, Bayer, Brackett, Buckner-Webb, Burgoyne, Burtenshaw, Cheatham, Crabtree, Miscellaneous Business Grow, Guthrie, Harris, Heider, Hill, Johnson, Jordan, Lakey, Lee, On motion by Senator Winder, seconded by Senator Stennett, Lent, Lodge, Martin, Mortimer, Nelson, Nye, Patrick, Souza, by voice vote, the Senate adjourned at 5:16 p.m. until the hour of Stennett, Thayn, Vick, Ward-Engelking, Winder, Woodward. 10 a.m., Friday, March 1, 2019. Total - 33. JANICE MCGEACHIN, President NAYS–None. Attest: JENNIFER NOVAK, Secretary Absent and excused–Den Hartog, Rice. Total - 2. Total - 35. Whereupon the President declared H 27 passed, title was approved, and the bill ordered returned to the House. H 46 was read the third time at length, section by section, and placed before the Senate for final consideration. Senator Martin arose as sponsor of the bill and opened the debate. The question being, "Shall the bill pass?" Pursuant to Senate Rule 39(H), Senator Martin disclosed a possible conflict of interest under applicable law. Roll call resulted as follows: AYES–Agenbroad, Anthon, Bair, Bayer, Brackett, Buckner-Webb, Burgoyne, Burtenshaw, Cheatham, Crabtree, Grow, Guthrie, Harris, Heider, Hill, Johnson, Jordan, Lakey, Lee, Lent, Lodge, Martin, Mortimer, Nelson, Nye, Patrick, Souza, Stennett, Thayn, Vick, Ward-Engelking, Winder, Woodward. Total - 33. NAYS–None. Absent and excused–Den Hartog, Rice. Total - 2. Total - 35. Whereupon the President declared H 46 passed, title was approved, and the bill ordered returned to the House. H 108 was read the third time at length, section by section, and placed before the Senate for final consideration. Senator [March 1, 2019 SENATE JOURNAL 145

SENATE JOURNAL Messages from the House OF THE February 28, 2019 IDAHO LEGISLATURE Dear Madam President: I transmit herewith H 93, H 151, HJM 7, H 97, H 141, H 84, FIRST REGULAR SESSION and H 170, which have passed the House. SIXTY-FIFTH LEGISLATURE MAULIN, Chief Clerk H 93, H 151, HJM 7, H 97, H 141, H 84, and H 170 were filed for first reading.

FIFTY-FOURTH LEGISLATIVE DAY February 28, 2019 FRIDAY, MARCH 1, 2019 Dear Madam President: I return herewith S 1028, which has passed the House. Senate Chamber MAULIN, Chief Clerk President McGeachin called the Senate to order at 10 a.m. S 1028 was referred to the Judiciary and Rules Committee Roll call showed all members present except Senator for enrolling. Burgoyne, absent and formally excused by the Chair; and Senator Den Hartog, absent and excused. The Senate advanced to the Tenth Order of Business. Prayer was offered by Chaplain Montie Ralstin. Motions and Resolutions The Pledge of Allegiance was led by Katie Angell, Page. The President announced that SCR 104 was before the The Senate advanced to the Third Order of Business. Senate for final consideration, the question being, "Shall the resolution be adopted?"

Reading and Correction of the Journal On motion by Senator Patrick, seconded by Senator Ward-Engelking, SCR 104 was adopted by voice vote, The JUDICIARY AND RULES Committee reports that the title was approved, and the resolution ordered transmitted to Senate Journal of the proceedings of February 28, 2019, was read the House. and approved as corrected. The President announced that SCR 105 was before the LAKEY, Chairman Senate for final consideration, the question being, "Shall the resolution be adopted?" There being no objection, the report was adopted and ordered filed in the office of the Secretary of the Senate. On motion by Senator Patrick, seconded by Senator Stennett, SCR 105 was adopted by voice vote, title was approved, and the On request by Senator Winder, granted by unanimous resolution ordered transmitted to the House. consent, the Senate advanced to the Sixth Order of Business. The President announced that SCR 106 was before the Senate for final consideration, the question being, "Shall the Reports of Standing Committees resolution be adopted?" March 1, 2019 On motion by Senator Patrick, seconded by The FINANCE Committee reports out S 1139, S 1140, Senator Ward-Engelking, SCR 106 was adopted by voice vote, S 1141, S 1142, S 1143, S 1144, and S 1145 with the title was approved, and the resolution ordered transmitted to recommendation that they do pass. the House. BAIR, Chairman The Senate advanced to the Eleventh Order of Business. S 1139, S 1140, S 1141, S 1142, S 1143, S 1144, and Introduction, First Reading, and Reference of Bills, S 1145 were filed for second reading. House Petitions, Resolutions, and Memorials March 1, 2019 S 1147 BY FINANCE COMMITTEE The STATE AFFAIRS Committee reports out H 156 and AN ACT H 157 with the recommendation that they do pass. RELATING TO THE APPROPRIATION TO THE DEPARTMENT OF FINANCE FOR FISCAL YEAR 2020; LODGE, Chairman APPROPRIATING MONEYS TO THE DEPARTMENT OF H 156 and H 157 were filed for second reading. FINANCE FOR FISCAL YEAR 2020; LIMITING THE NUMBER OF AUTHORIZED FULL-TIME EQUIVALENT POSITIONS; AND PROVIDING FOR THE CONTINUOUS On request by Senator Winder, granted by unanimous APPROPRIATION OF DAMAGES AWARDED FROM THE consent, the Senate advanced to the Ninth Order of Business. MORTGAGE RECOVERY FUND. 146 SENATE JOURNAL March 1, 2019]

S 1148 AMENDING SECTION 67-6621, IDAHO CODE, TO REVISE BY FINANCE COMMITTEE PROVISIONS REGARDING THE DUTIES OF LOBBYISTS AN ACT AND TO PROVIDE A CORRECT CODE REFERENCE; RELATING TO THE APPROPRIATION TO THE BOARD OF AND AMENDING SECTION 74-106, IDAHO CODE, TO TAX APPEALS FOR FISCAL YEAR 2020; APPROPRIATING PROVIDE AN EXEMPTION FROM THE PUBLIC RECORDS MONEYS TO THE BOARD OF TAX APPEALS FOR LAW FOR CERTAIN E-MAIL ADDRESSES, TO PROVIDE FISCAL YEAR 2020; AND LIMITING THE NUMBER OF CORRECT TERMINOLOGY, AND TO MAKE TECHNICAL AUTHORIZED FULL-TIME EQUIVALENT POSITIONS. CORRECTIONS.

S 1149 S 1154 BY FINANCE COMMITTEE BY STATE AFFAIRS COMMITTEE AN ACT AN ACT RELATING TO THE APPROPRIATION TO THE PUBLIC RELATING TO EXPLODING TARGETS; AMENDING UTILITIES COMMISSION FOR FISCAL YEAR 2020; CHAPTER 1, TITLE 38, IDAHO CODE, BY THE ADDITION APPROPRIATING MONEYS TO THE PUBLIC UTILITIES OF A NEW SECTION 38-137, IDAHO CODE, TO PROVIDE COMMISSION FOR FISCAL YEAR 2020; LIMITING THE RESTRICTIONS RELATING TO THE USE OF EXPLODING NUMBER OF AUTHORIZED FULL-TIME EQUIVALENT TARGETS AND INCENDIARY OR TRACER AMMUNITION, POSITIONS; AMENDING SECTION 61-215, IDAHO CODE, TO PROVIDE FOR VIOLATIONS, TO PROVIDE FOR THE TO INCREASE THE SALARIES OF THE PUBLIC UTILITIES APPLICABILITY OF SPECIFIED LAW, TO DEFINE TERMS, COMMISSIONERS; AND PROVIDING REAPPROPRIATION AND TO PROVIDE AN EXCEPTION TO APPLICABILITY. AUTHORITY. S 1147, S 1148, S 1149, S 1150, S 1151, S 1152, S 1153, and S 1150 S 1154 were introduced, read the first time at length, and referred BY FINANCE COMMITTEE to the Judiciary and Rules Committee for printing. AN ACT RELATING TO THE APPROPRIATION TO THE Senator Den Hartog was recorded present at this order of DEPARTMENT OF INSURANCE FOR FISCAL YEAR business. 2020; APPROPRIATING MONEYS TO THE DEPARTMENT H 93, by Education Committee, was introduced, read the first OF INSURANCE FOR FISCAL YEAR 2020; AND time at length, and referred to the Education Committee. LIMITING THE NUMBER OF AUTHORIZED FULL-TIME EQUIVALENT POSITIONS. H 151, by Health and Welfare Committee, was introduced, read the first time at length, and referred to the Health and Welfare S 1151 Committee. BY STATE AFFAIRS COMMITTEE AN ACT HJM 7, by Health and Welfare Committee, was introduced, RELATING TO FISH AND GAME; AMENDING SECTION read at length, and referred to the Health and Welfare Committee. 36-115, IDAHO CODE, TO REVISE PROVISIONS REGARDING THE PAYMENT OF CERTAIN DAMAGES H 97 and H 141, by Resources and Conservation Committee, CAUSED BY DEPREDATION. were introduced, read the first time at length, and referred to the Resources and Environment Committee. S 1152 BY STATE AFFAIRS COMMITTEE H 84, by Business Committee, was introduced, read the AN ACT first time at length, and referred to the Commerce and Human RELATING TO UNCLAIMED PROPERTY; AMENDING Resources Committee. SECTION 14-542, IDAHO CODE, TO PROVIDE FOR H 170, by State Affairs Committee, was introduced, read BROADBAND SERVICE, TO PROVIDE A CERTAIN the first time at length, and referred to the Judiciary and Rules EXEMPTION FOR A NONPROFIT CORPORATION, AND Committee. TO MAKE TECHNICAL CORRECTIONS. The Senate advanced to the Twelfth Order of Business. S 1153 BY STATE AFFAIRS COMMITTEE Second Reading of Bills AN ACT RELATING TO LOBBYING; AMENDING SECTION 67-6602, H 174, by Appropriations Committee, was read the second IDAHO CODE, TO DEFINE TERMS AND TO REVISE time at length and filed for third reading. A DEFINITION; AMENDING SECTION 67-6606, IDAHO CODE, TO PROVIDE A CORRECT CODE REFERENCE; S 1074, by Health and Welfare Committee, was read the AMENDING SECTION 67-6617, IDAHO CODE, TO REVISE second time at length and filed for third reading. PROVISIONS REGARDING LOBBYIST REGISTRATION S 1134 and S 1133, by Judiciary and Rules Committee, were REQUIREMENTS; AMENDING SECTION 67-6618, read the second time at length and filed for third reading. IDAHO CODE, TO REVISE PROVISIONS REGARDING EXEMPTIONS FROM LOBBYIST REGISTRATION; H 91, by Local Government Committee, was read the second AMENDING SECTION 67-6619, IDAHO CODE, TO time at length and filed for third reading. REVISE PROVISIONS REGARDING REPORTS FILED BY LOBBYISTS; AMENDING SECTION 67-6619A, IDAHO H 103, by Revenue and Taxation Committee, was read the CODE, TO PROVIDE A CORRECT CODE REFERENCE; second time at length and filed for third reading. [March 1, 2019 SENATE JOURNAL 147

H 24, H 74, H 75, and H 90, by Transportation and Defense S 1080 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. Crabtree arose as sponsor of the bill and opened the debate. The question being, "Shall the bill pass?" S 1037, as amended, by Commerce and Human Resources Committee, was read the second time at length and filed for third Roll call resulted as follows: reading. AYES–Agenbroad, Anthon, Bair, Bayer, Brackett, S 1109, as amended, by Judiciary and Rules Committee, was Burtenshaw, Cheatham, Crabtree, Den Hartog, Grow, Guthrie, read the second time at length and filed for third reading. Harris, Heider, Hill, Johnson, Jordan, Lakey, Lee, Lent, Martin, Mortimer, Nelson, Nye, Patrick, Rice, Souza, Stennett, Thayn, S 1088, as amended, by Resources and Environment Vick, Ward-Engelking, Winder, Woodward. Total - 32. Committee, was read the second time at length and filed for third reading. NAYS–None. S 1034, as amended, and S 1099, as amended, by Health and Absent and excused–Buckner-Webb, Burgoyne, Lodge. Welfare Committee, were read the second time at length and filed Total - 3. for third reading. Total - 35. S 1129, as amended, by Judiciary and Rules Committee, was read the second time at length and filed for third reading. Whereupon the President declared S 1080 passed, title was approved, and the bill ordered transmitted to the House. S 1075, as amended, by Health and Welfare Committee, was read the second time at length and filed for third reading. S 1081 was read the third time at length, section by section, The Senate advanced to the Thirteenth Order of Business. and placed before the Senate for final consideration. Senator Woodward arose as sponsor of the bill and opened the debate. Third Reading of Bills The question being, "Shall the bill pass?" S 1078 was read the third time at length, section by section, Roll call resulted as follows: and placed before the Senate for final consideration. Senator Crabtree arose as sponsor of the bill and opened the debate. The AYES–Agenbroad, Anthon, Bair, Bayer, Brackett, question being, "Shall the bill pass?" Burtenshaw, Cheatham, Crabtree, Den Hartog, Grow, Guthrie, Harris, Heider, Hill, Johnson, Jordan, Lakey, Lee, Lent, Martin, Roll call resulted as follows: Mortimer, Nelson, Nye, Patrick, Rice, Souza, Stennett, Thayn, Vick, Ward-Engelking, Winder, Woodward. Total - 32. AYES–Agenbroad, Anthon, Bair, Bayer, Brackett, Burtenshaw, Cheatham, Crabtree, Den Hartog, Guthrie, Harris, NAYS–None. Heider, Johnson, Jordan, Lakey, Lee, Lent, Nelson, Nye, Patrick, Rice, Souza, Stennett, Thayn, Vick, Ward-Engelking, Winder, Absent and excused–Buckner-Webb, Burgoyne, Lodge. Woodward. Total - 28. Total - 3. NAYS–Grow, Hill, Martin, Mortimer. Total - 4. Total - 35. Absent and excused–Buckner-Webb, Burgoyne, Lodge. Whereupon the President declared S 1081 passed, title was Total - 3. approved, and the bill ordered transmitted to the House. Total - 35. On request by Senator Winder, granted by unanimous consent, H 58 retained its place on the Third Reading Calendar Whereupon the President declared S 1078 passed, title was for Monday, March 4, 2019. approved, and the bill ordered transmitted to the House. H 68 was read the third time at length, section by section, S 1079 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 Woodward arose as sponsor of the bill and opened the debate. being, "Shall the bill pass?" The question being, "Shall the bill pass?" Roll call resulted as follows: Roll call resulted as follows: AYES–Agenbroad, Anthon, Bair, Bayer, Brackett, AYES–Agenbroad, Anthon, Bair, Bayer, Brackett, Burtenshaw, Cheatham, Crabtree, Den Hartog, Grow, Guthrie, Burtenshaw, Cheatham, Crabtree, Den Hartog, Grow, Guthrie, Harris, Heider, Hill, Johnson, Jordan, Lakey, Lee, Lent, Martin, Harris, Heider, Hill, Johnson, Jordan, Lakey, Lee, Lent, Martin, Mortimer, Nelson, Nye, Patrick, Rice, Souza, Stennett, Thayn, Mortimer, Nelson, Nye, Patrick, Rice, Souza, Stennett, Thayn, Vick, Ward-Engelking, Winder, Woodward. Total - 32. Vick, Ward-Engelking, Winder, Woodward. Total - 32. NAYS–None. NAYS–None. Absent and excused–Buckner-Webb, Burgoyne, Lodge. Absent and excused–Buckner-Webb, Burgoyne, Lodge. Total - 3. Total - 3. Total - 35. Total - 35. Whereupon the President declared S 1079 passed, title was Whereupon the President declared H 68 passed, title was approved, and the bill ordered transmitted to the House. approved, and the bill ordered returned to the House. 148 SENATE JOURNAL March 1, 2019]

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 Stennett, by voice vote, the Senate adjourned at 10:46 a.m. until the hour of 10 a.m., Monday, March 4, 2019. JANICE MCGEACHIN, President Attest: JENNIFER NOVAK, Secretary [March 4, 2019 SENATE JOURNAL 149

SENATE JOURNAL Messages from the Governor OF THE March 4, 2019 The Honorable Janice McGeachin IDAHO LEGISLATURE President of the Senate Idaho Legislature FIRST REGULAR SESSION SIXTY-FIFTH LEGISLATURE Dear Madam President: I have the honor to inform you that I have signed today and am transmitting to the Secretary of State the following Senate Bill, to wit: FIFTY-SEVENTH LEGISLATIVE DAY S 1030 MONDAY, MARCH 4, 2019 Sincerely, /s/ Brad Little Senate Chamber Governor of Idaho President McGeachin called the Senate to order at 10 a.m. The correspondence was ordered filed in the office of the Secretary of the Senate. Roll call showed all members present except Senators Lodge and Vick, absent and excused. The Senate advanced to the Ninth Order of Business. Prayer was offered by Chaplain Montie Ralstin. The Pledge of Allegiance was led by Bret Bagley, Page. Messages from the House The Senate advanced to the Third Order of Business. March 1, 2019 Reading and Correction of the Journal Dear Madam President: The JUDICIARY AND RULES Committee reports that the I transmit herewith H 150, H 186, H 187, H 167, H 168, Senate Journal of the proceedings of March 1, 2019, was read and H 176, H 144, H 149, H 139, H 184, and H 169, which have approved as corrected. passed the House. LAKEY, Chairman MAULIN, Chief Clerk There being no objection, the report was adopted and ordered filed in the office of the Secretary of the Senate. H 150, H 186, H 187, H 167, H 168, H 176, H 144, H 149, H 139, H 184, and H 169 were filed for first reading. On request by Senator Winder, granted by unanimous consent, the Senate advanced to the Sixth Order of Business. March 1, 2019 Reports of Standing Committees Dear Madam President: March 4, 2019 I return herewith S 1026, S 1115, S 1128, S 1046, S 1049, The JUDICIARY AND RULES Committee reports that and S 1130, which have passed the House. S 1147, S 1148, S 1149, S 1150, S 1151, S 1152, S 1153, and S 1154 have been correctly printed. MAULIN, Chief Clerk LAKEY, Chairman S 1026, S 1115, S 1128, S 1046, S 1049, and S 1130 were S 1147, S 1148, S 1149, and S 1150 were referred to the referred to the Judiciary and Rules Committee for enrolling. Finance Committee. S 1151 was referred to the Resources and Environment March 1, 2019 Committee. Dear Madam President: S 1152, S 1153, and S 1154 were referred to the State Affairs Committee. I return herewith Enrolled S 1077, which has been signed by the Speaker. March 1, 2019 MAULIN, Chief Clerk The JUDICIARY AND RULES Committee reports that S 1028 has been correctly enrolled. Enrolled S 1077 was referred to the Judiciary and Rules LAKEY, Chairman Committee for transmittal to the Office of the Governor. The President signed Enrolled S 1028 and ordered it Senator Lodge was recorded present at this order of business. transmitted to the House for the signature of the Speaker. On request by Senator Winder, granted by unanimous On request by Senator Winder, granted by unanimous consent, the Senate advanced to the Eighth Order of Business. consent, the Senate advanced to the Eleventh Order of Business. 150 SENATE JOURNAL March 4, 2019]

Introduction, First Reading, and Reference of Bills, H 176, by Ways and Means Committee, was introduced, read House Petitions, Resolutions, and Memorials the first time at length, and referred to the Agricultural Affairs Committee. S 1155 BY FINANCE COMMITTEE H 144 and H 149, by Business Committee, were introduced, AN ACT read the first time at length, and referred to the Commerce and RELATING TO THE APPROPRIATION TO IDAHO PUBLIC Human Resources Committee. TELEVISION FOR FISCAL YEAR 2020; APPROPRIATING H 139, by Judiciary, Rules and Administration Committee, MONEYS TO IDAHO PUBLIC TELEVISION FOR was introduced, read the first time at length, and referred to the FISCAL YEAR 2020; AND LIMITING THE NUMBER OF Judiciary and Rules Committee. AUTHORIZED FULL-TIME EQUIVALENT POSITIONS. H 184, by Revenue and Taxation Committee, was S 1156 introduced, read the first time at length, and referred to the Local BY FINANCE COMMITTEE Government and Taxation Committee. AN ACT RELATING TO THE APPROPRIATION TO THE ATTORNEY H 169, by State Affairs Committee, was introduced, read the GENERAL FOR FISCAL YEAR 2020; APPROPRIATING first time at length, and referred to the State Affairs Committee. MONEYS TO THE ATTORNEY GENERAL FOR FISCAL The Senate advanced to the Twelfth Order of Business. YEAR 2020; LIMITING THE NUMBER OF AUTHORIZED FULL-TIME EQUIVALENT POSITIONS; AND EXEMPTING Second Reading of Bills THE APPROPRIATION FROM OBJECT AND PROGRAM TRANSFER LIMITATIONS. S 1139, S 1140, S 1141, S 1142, S 1143, S 1144, and S 1145, by Finance Committee, were read the second time at length and S 1157 filed for third reading. BY FINANCE COMMITTEE H 156 and H 157, by State Affairs Committee, were read the AN ACT second time at length and filed for third reading. RELATING TO THE APPROPRIATION TO THE CATASTROPHIC HEALTH CARE PROGRAM; The Senate advanced to the Thirteenth Order of Business. APPROPRIATING MONEYS TO THE CATASTROPHIC HEALTH CARE PROGRAM AND DIRECTING A Third Reading of Bills TRANSFER FOR FISCAL YEAR 2020; APPROPRIATING ADDITIONAL MONEYS TO THE CATASTROPHIC HEALTH On request by Senator Winder, granted by unanimous CARE PROGRAM AND DIRECTING A TRANSFER FOR consent, H 89 was placed before the Senate for consideration at FISCAL YEAR 2019; AND DECLARING AN EMERGENCY. this time. S 1158 H 89 was read the third time at length, section by section, BY FINANCE COMMITTEE and placed before the Senate for final consideration. Senator Lee AN ACT arose as sponsor of the bill and opened the debate. The question RELATING TO THE APPROPRIATION TO THE PUBLIC being, "Shall the bill pass?" DEFENSE COMMISSION FOR FISCAL YEAR 2020; Roll call resulted as follows: APPROPRIATING MONEYS TO THE PUBLIC DEFENSE COMMISSION FOR FISCAL YEAR 2020; LIMITING THE AYES–Agenbroad, Anthon, Bair, Bayer, Brackett, NUMBER OF AUTHORIZED FULL-TIME EQUIVALENT Buckner-Webb, Burgoyne, Burtenshaw, Cheatham, Crabtree, POSITIONS; PROVIDING REAPPROPRIATION Den Hartog, Grow, Guthrie, Harris, Heider, Hill, Johnson, AUTHORITY; PROVIDING REQUIREMENTS REGARDING Jordan, Lakey, Lee, Lent, Lodge, Martin, Mortimer, Nelson, Nye, THE ALLOCATION OF TRUSTEE AND BENEFIT Patrick, Rice, Souza, Stennett, Thayn, Vick, Ward-Engelking, PAYMENTS; AND PROVIDING REQUIREMENTS Winder, Woodward. Total - 35. REGARDING ENCUMBRANCES. Whereupon the President declared H 89 passed, title was S 1155, S 1156, S 1157, and S 1158 were introduced, read approved, and the bill ordered returned to the House. the first time at length, and referred to the Judiciary and Rules Committee for printing. On request by Senator Winder, granted by unanimous consent, S 1074 retained its place on the Third Reading Calendar Senator Vick was recorded present at this order of business. for one legislative day. H 150, by Education Committee, was introduced, read the S 1134 was read the third time at length, section by section, first time at length, and referred to the Education Committee. and placed before the Senate for final consideration. Senator Thayn arose as sponsor of the bill and opened the debate. The H 186 and H 187, by Appropriations Committee, were question being, "Shall the bill pass?" introduced, read the first time at length, and referred to the Roll call resulted as follows: Finance Committee. AYES–Agenbroad, Anthon, Bair, Bayer, Brackett, H 167 and H 168, by State Affairs Committee, were Buckner-Webb, Burgoyne, Burtenshaw, Cheatham, Crabtree, introduced, read the first time at length, and referred to the Den Hartog, Grow, Guthrie, Harris, Heider, Hill, Johnson, Transportation Committee. Jordan, Lakey, Lee, Lent, Lodge, Martin, Mortimer, Nelson, Nye, Patrick, Rice, Souza, Stennett, Thayn, Vick, Ward-Engelking, Winder, Woodward. Total - 35. [March 4, 2019 SENATE JOURNAL 151

Whereupon the President declared S 1134 passed, title was Den Hartog, Grow, Guthrie, Harris, Heider, Hill, Johnson, approved, and the bill ordered transmitted to the House. Jordan, Lakey, Lee, Lent, Lodge, Martin, Mortimer, Nelson, Nye, Patrick, Rice, Souza, Stennett, Thayn, Vick, Ward-Engelking, S 1133 was read the third time at length, section by section, Winder, Woodward. Total - 35. and placed before the Senate for final consideration. Senator Lodge arose as sponsor of the bill and opened the debate. The Whereupon the President declared S 1088, as question being, "Shall the bill pass?" amended, passed, title was approved, and the bill ordered transmitted to the House. Roll call resulted as follows: S 1034, as amended, was read the third time at length, section AYES–Agenbroad, Anthon, Bair, Bayer, Brackett, by section, and placed before the Senate for final consideration. Buckner-Webb, Burgoyne, Burtenshaw, Cheatham, Crabtree, Senator Den Hartog arose as sponsor of the bill and opened the Den Hartog, Grow, Guthrie, Harris, Heider, Hill, Johnson, debate. Jordan, Lakey, Lee, Lent, Lodge, Martin, Mortimer, Nelson, Nye, Patrick, Rice, Souza, Stennett, Thayn, Vick, Ward-Engelking, On request by Senator Winder, granted by unanimous Winder, Woodward. Total - 35. consent, S 1034, as amended, retained its place on the Third Whereupon the President declared S 1133 passed, title was Reading Calendar for one legislative day. approved, and the bill ordered transmitted to the House. On request by Senator Winder, granted by unanimous S 1037, as amended, was read the third time at length, section consent, the Senate returned to the Tenth Order of Business. by section, and placed before the Senate for final consideration. Motions and Resolutions Senator Woodward 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 Roll call resulted as follows: consent, the Senate went at ease and resolved itself into the Committee for the Idaho Day Service. The Idaho Day Service AYES–Agenbroad, Bayer, Buckner-Webb, Burgoyne, was presented to the members of the Senate with Co-chairman Burtenshaw, Cheatham, Grow, Guthrie, Heider, Hill, Johnson, Senator Lent providing opening remarks. Jordan, Lakey, Lee, Lent, Lodge, Martin, Mortimer, Nelson, Nye, Patrick, Rice, Souza, Stennett, Thayn, Ward-Engelking, The Madison High School Vocal Spectrum performed "Star Winder, Woodward. Total - 28. Spangled Banner," under the direction of David Hinck. The Madison High School Bel Canton Choir performed "America NAYS–Anthon, Bair, Brackett, Crabtree, Den Hartog, Harris, the Beautiful" and "Here we have Idaho," under the direction of Vick. Total - 7. David Hinck and accompanied by Julie Hinck. Total - 35. Closing remarks were provided by Co-chairman Senator Nelson. He extended gratitude to all who helped with the Whereupon the President declared S 1037, as program and the Idaho Day Service was dissolved. amended, passed, title was approved, and the bill ordered transmitted to the House. President McGeachin returned to the chair. S 1109, as amended, was read the third time at length, section On request by Senator Winder, granted by unanimous by section, and placed before the Senate for final consideration. consent, the Senate advanced to the Thirteenth Order of Business. Senator Heider 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: On request by Senator Winder, granted by unanimous consent, all Senate bills were placed at the head of the Third AYES–Agenbroad, Anthon, Bayer, Brackett, Burtenshaw, Reading Calendar, followed by House bills. Cheatham, Crabtree, Guthrie, Heider, Lakey, Lee, Martin, Patrick, Rice, Thayn, Ward-Engelking, Winder. Total - 17. On request by Senator Winder, granted by unanimous NAYS–Bair, Buckner-Webb, Burgoyne, Den Hartog, Grow, consent, the Senate advanced to the Fifteenth Order of Business. Harris, Hill, Johnson, Jordan, Lent, Lodge, Mortimer, Nelson, Miscellaneous Business Nye, Souza, Stennett, Vick, Woodward. Total - 18. On motion by Senator Winder, seconded by Senator Stennett, Total - 35. by voice vote, the Senate adjourned in the honor of the Preamble Whereupon the President declared that S 1109, as of the Constitution of Idaho at 12:12 p.m. until the hour of amended, had failed to pass the Senate and ordered the bill filed 10 a.m., Tuesday, March 5, 2019. in the office of the Secretary of the Senate. JANICE MCGEACHIN, President S 1088, as amended, was read the third time at length, section by section, and placed before the Senate for final consideration. Attest: JENNIFER NOVAK, Secretary 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–Agenbroad, Anthon, Bair, Bayer, Brackett, Buckner-Webb, Burgoyne, Burtenshaw, Cheatham, Crabtree, 152 SENATE JOURNAL March 5, 2019]

SENATE JOURNAL The report was ordered filed in the office of the Secretary of the Senate. OF THE March 4, 2019 IDAHO LEGISLATURE The STATE AFFAIRS Committee reports out H 134, H 155, H 171, H 173, and SJR 102 with the recommendation that they FIRST REGULAR SESSION do pass. SIXTY-FIFTH LEGISLATURE LODGE, Chairman H 134, H 155, H 171, H 173, and SJR 102 were filed for second reading.

FIFTY-EIGHTH LEGISLATIVE DAY March 4, 2019 TUESDAY, MARCH 5, 2019 The FINANCE Committee reports out H 186, H 187, S 1147, S 1148, S 1149, and S 1150 with the recommendation that they Senate Chamber do pass. President McGeachin called the Senate to order at 10 a.m. BAIR, Chairman Roll call showed all members present except Senator Lodge, H 186, H 187, S 1147, S 1148, S 1149, and S 1150 were filed absent and excused. for second reading. Prayer was offered by Chaplain Montie Ralstin. March 4, 2019 The Pledge of Allegiance was led by Paige Evans, Page. The JUDICIARY AND RULES Committee reports out H 113 and S 1146 with the recommendation that they do pass. The Senate advanced to the Third Order of Business. Reading and Correction of the Journal LAKEY, Chairman The JUDICIARY AND RULES Committee reports that the H 113 and S 1146 were filed for second reading. Senate Journal of the proceedings of March 4, 2019, was read and March 4, 2019 approved as corrected. LAKEY, Chairman The RESOURCES AND ENVIRONMENT Committee reports out S 1050 and S 1087 with the recommendation that There being no objection, the report was adopted and ordered they do pass. filed in the office of the Secretary of the Senate. HEIDER, Chairman On request by Senator Winder, granted by unanimous consent, the Senate advanced to the Sixth Order of Business. S 1050 and S 1087 were filed for second reading. Reports of Standing Committees Senator Lodge was recorded present at this order of business. March 5, 2019 March 4, 2019 The JUDICIARY AND RULES Committee reports that The RESOURCES AND ENVIRONMENT Committee S 1155, S 1156, S 1157, and S 1158 have been correctly printed. reports out S 1056 with the recommendation that it be referred LAKEY, Chairman to the Fourteenth Order of Business for amendment. S 1155, S 1156, S 1157, and S 1158 were referred to the HEIDER, Chairman Finance Committee. There being no objection, S 1056 was referred to the March 5, 2019 Fourteenth Order of Business, General Calendar. The JUDICIARY AND RULES Committee reports that March 4, 2019 S 1026, S 1115, S 1128, S 1046, S 1049, and S 1130 have been correctly enrolled. The EDUCATION Committee reports out H 153 with the recommendation that it do pass. LAKEY, Chairman MORTIMER, Chairman The President signed Enrolled S 1026, S 1115, S 1128, S 1046, S 1049, and S 1130 and ordered them transmitted to the H 153 was filed for second reading. House for the signature of the Speaker. March 4, 2019 March 4, 2019 The HEALTH AND WELFARE Committee reports out The JUDICIARY AND RULES Committee reports that H 109 and H 151 with the recommendation that they do pass. Enrolled S 1077 was delivered to the Office of the Governor at 1:50 p.m., March 4, 2019. MARTIN, Chairman LAKEY, Chairman H 109 and H 151 were filed for second reading. [March 5, 2019 SENATE JOURNAL 153

March 4, 2019 The correspondence was ordered filed in the office of the Secretary of the Senate. The HEALTH AND WELFARE Committee reports it has had under consideration the Gubernatorial appointments listed The Gubernatorial appointment was referred to the below and the Committee recommends that said appointments be Transportation Committee. confirmed by the Senate: March 4, 2019 Darrell Kerby to the State Board of Health and Welfare, term to expire February 12, 2023. The Honorable Janice McGeachin President of the Senate James V. Giuffre to the State Board of Health and Welfare, Idaho Legislature term to expire February 13, 2023. Dear Madam President: Linda Hatzenbuehler to the State Board of Health and Welfare, term to expire February 13, 2023. I have the honor to inform you that Mark H. Sweeney of Lewiston, Idaho, was appointed as a member of the Aeronautics Timothy Rarick to the State Board of Health and Welfare, Advisory Board to serve a term commencing January 31, 2019, term to expire January 1, 2021. and expiring January 31, 2024. MARTIN, Chairman This appointment was made subject to confirmation by the Senate. Notice of appointment is hereby given. The Gubernatorial appointments were referred to the Tenth Order of Business, Motions and Resolutions, and ordered held at Sincerely, the Secretary's desk for one legislative day. /s/ Brad Little Governor On request by Senator Winder, granted by unanimous consent, the Senate advanced to the Eighth Order of Business. The correspondence was ordered filed in the office of the Secretary of the Senate. Messages from the Governor The Gubernatorial appointment was referred to the March 4, 2019 Transportation Committee. The Honorable Janice McGeachin March 4, 2019 President of the Senate Idaho Legislature The Honorable Janice McGeachin President of the Senate Dear Madam President: Idaho Legislature I have the honor to inform you that Jeff Weak of Eagle, Dear Madam President: Idaho, was appointed as the Administrator of Information Technology Services to serve a term commencing January 7, I have the honor to inform you that Jeffery Allen of Star, 2019, and continuing at the pleasure of the Governor. Idaho, was appointed as a member of the Northwest Power and Conservation Council to serve a term commencing February 19, This appointment was made subject to confirmation by the 2019, and expiring February 19, 2022. Senate. Notice of appointment is hereby given. This appointment was made subject to confirmation by the Sincerely, Senate. Notice of appointment is hereby given. /s/ Brad Little Governor Sincerely, /s/ Brad Little The correspondence was ordered filed in the office of the Governor Secretary of the Senate. The correspondence was ordered filed in the office of the The Gubernatorial appointment was referred to the State Secretary of the Senate. Affairs Committee. The Gubernatorial appointment was referred to the March 4, 2019 Resources and Environment Committee. The Honorable Janice McGeachin March 4, 2019 President of the Senate Idaho Legislature The Honorable Janice McGeachin President of the Senate Dear Madam President: Idaho Legislature I have the honor to inform you that Robert Hoff of Dear Madam President: Idaho Falls, Idaho, was appointed as a member of the Idaho Transportation Board to serve a term commencing February 26, I have the honor to inform you that I have signed today and 2019, and expiring January 31, 2020. am transmitting to the Secretary of State the following Senate Bill, to wit: This appointment was made subject to confirmation by the Senate. Notice of appointment is hereby given. S 1077 Sincerely, Sincerely, /s/ Brad Little /s/ Brad Little Governor Governor of Idaho 154 SENATE JOURNAL March 5, 2019]

The correspondence was ordered filed in the office of the S 1160 Secretary of the Senate. BY STATE AFFAIRS COMMITTEE AN ACT The Senate advanced to the Ninth Order of Business. RELATING TO ALCOHOL; AMENDING SECTION 23-217, IDAHO CODE, TO REVISE A PROVISION REGARDING A Messages from the House CERTAIN DISCOUNT AND TO PROVIDE EXCEPTIONS; March 4, 2019 AMENDING SECTION 23-902, IDAHO CODE, TO DEFINE TERMS, TO REMOVE A DEFINITION, AND TO MAKE A Dear Madam President: TECHNICAL CORRECTION; AMENDING SECTION 23-903, IDAHO CODE, TO PROVIDE CERTAIN REQUIREMENTS I transmit herewith HCR 16, HCR 17, H 211, H 212, H 213, FOR QUOTA LICENSES AND TO PROVIDE FOR H 214, H 216, H 177, H 99, HCR 9, H 180, H 181, H 182, H 191, THE ISSUANCE OF A LICENSE TO AN EATING H 164, H 201, H 137, as amended, H 78, as amended, H 118, as ESTABLISHMENT OR LODGING FACILITY; AMENDING amended, and H 158, as amended, which have passed the House. CHAPTER 9, TITLE 23, IDAHO CODE, BY THE ADDITION OF A NEW SECTION 23-903c, IDAHO CODE, TO PROVIDE MAULIN, Chief Clerk FOR CERTAIN REQUIREMENTS REGARDING EATING HCR 16, HCR 17, H 211, H 212, H 213, H 214, H 216, ESTABLISHMENT LICENSES; AMENDING CHAPTER H 177, H 99, HCR 9, H 180, H 181, H 182, H 191, H 164, H 201, 9, TITLE 23, IDAHO CODE, BY THE ADDITION OF A H 137, as amended, H 78, as amended, H 118, as amended, and NEW SECTION 23-903d, IDAHO CODE, TO PROVIDE H 158, as amended, were filed for first reading. FOR CERTAIN REQUIREMENTS REGARDING LODGING FACILITY LICENSES; AMENDING SECTION 23-904, March 4, 2019 IDAHO CODE, TO PROVIDE FOR CERTAIN FEES AND TO REMOVE A PROVISION REGARDING THE Dear Madam President: POPULATION OF MUNICIPALITIES; AMENDING I transmit herewith Enrolled H 8, H 18, H 37, H 22, H 64, SECTION 23-908, IDAHO CODE, TO PROVIDE A CERTAIN H 132, H 60, H 3, H 4, H 86, H 87, H 67, H 59, H 159, H 7, LIMITATION FOR ISSUANCE OF A LICENSE AND H 27, H 46, and H 108 for the signature of the President. TO MAKE TECHNICAL CORRECTIONS; AMENDING SECTION 23-930, IDAHO CODE, TO PROVIDE THAT MAULIN, Chief Clerk MINORS MAY ASSIST IN CERTAIN INSTANCES; AMENDING SECTION 23-942, IDAHO CODE, TO DEFINE The President signed Enrolled H 8, H 18, H 37, H 22, H 64, A TERM; AMENDING SECTION 23-943, IDAHO CODE, H 132, H 60, H 3, H 4, H 86, H 87, H 67, H 59, H 159, H 7, TO PROVIDE FOR EATING ESTABLISHMENTS AND H 27, H 46, and H 108 and ordered them returned to the House. TO MAKE TECHNICAL CORRECTIONS; AMENDING SECTION 23-944, IDAHO CODE, TO PROVIDE FOR On request by Senator Winder, granted by unanimous EATING ESTABLISHMENTS AND TO MAKE TECHNICAL consent, the Senate advanced to the Eleventh Order of Business. CORRECTIONS; AMENDING SECTION 23-946, IDAHO Introduction, First Reading, and Reference of Bills, CODE, TO PROVIDE FOR EATING ESTABLISHMENTS House Petitions, Resolutions, and Memorials AND TO MAKE A TECHNICAL CORRECTION; AMENDING SECTION 23-950, IDAHO CODE, TO PROVIDE S 1159 FOR CERTAIN RESTRICTIONS AGAINST THE TRANSFER BY STATE AFFAIRS COMMITTEE OF LICENSES; AND AMENDING TITLE 23, IDAHO CODE, AN ACT BY THE ADDITION OF A NEW CHAPTER 12, TITLE 23, RELATING TO INITIATIVES AND REFERENDUMS; IDAHO CODE, TO DEFINE TERMS, TO PROVIDE FOR AMENDING SECTION 34-1801A, IDAHO CODE, TO APPROVED TRAINING, TO PROVIDE FOR MANDATORY PROVIDE FOR CERTAIN INITIATIVE PETITION TRAINING AND ON-PREMISES SALES, TO PROVIDE REQUIREMENTS AND TO MAKE TECHNICAL FOR VOLUNTARY TRAINING AND OFF-PREMISES CORRECTIONS; AMENDING SECTION 34-1802, RETAILERS, AND TO PROVIDE FOR ENFORCEMENT. IDAHO CODE, TO REVISE PROVISIONS REGARDING GATHERING AND SUBMITTING SIGNATURES FOR AN S 1161 INITIATIVE PETITION; AMENDING SECTION 34-1804, BY JUDICIARY AND RULES COMMITTEE IDAHO CODE, TO REVISE PROVISIONS REGARDING AN ACT THE REQUIREMENTS OF EACH BALLOT MEASURE RELATING TO UNIFORM CONTROLLED SUBSTANCES; SIGNATURE SHEET AND TO MAKE A TECHNICAL AMENDING SECTION 37-2732B, IDAHO CODE, TO CORRECTION; AMENDING SECTION 34-1805, IDAHO REVISE PENALTIES FOR TRAFFICKING IN HEROIN, TO CODE, TO REVISE PROVISIONS REGARDING THE PROVIDE PENALTIES FOR TRAFFICKING IN FENTANYL, SIGNATURES REQUIRED FOR AN INITIATIVE OR AND TO MAKE A TECHNICAL CORRECTION. REFERENDUM PETITION; AMENDING CHAPTER 18, TITLE 34, IDAHO CODE, BY THE ADDITION OF A S 1162 NEW SECTION 34-1812, IDAHO CODE, TO PROVIDE BY FINANCE COMMITTEE REQUIREMENTS FOR A FISCAL IMPACT STATEMENT AN ACT FOR EACH QUALIFYING BALLOT INITIATIVE; RELATING TO THE APPROPRIATION TO THE AMENDING SECTION 34-1812C, IDAHO CODE, TO DEPARTMENT OF CORRECTION FOR FISCAL PROVIDE FOR A FISCAL IMPACT STATEMENT YEAR 2020; APPROPRIATING MONEYS TO THE SUMMARY IN THE VOTERS' PAMPHLET AND TO DEPARTMENT OF CORRECTION FOR FISCAL YEAR MAKE TECHNICAL CORRECTIONS; PROVIDING 2020; LIMITING THE NUMBER OF AUTHORIZED SEVERABILITY; AND DECLARING AN EMERGENCY. FULL-TIME EQUIVALENT POSITIONS; PROVIDING [March 5, 2019 SENATE JOURNAL 155

REAPPROPRIATION AUTHORITY; AND REQUIRING ADDITIONAL MONEYS TO THE IDAHO STATE POLICE REPORTS REGARDING THE OFFENDER MANAGEMENT FOR FISCAL YEAR 2019; AND DECLARING AN SYSTEM REPLACEMENT PLAN. EMERGENCY.

S 1163 S 1167 BY FINANCE COMMITTEE BY FINANCE COMMITTEE AN ACT AN ACT RELATING TO THE APPROPRIATION TO THE RELATING TO THE APPROPRIATION TO THE DEPARTMENT OF HEALTH AND WELFARE FOR FISCAL COMMISSION ON AGING FOR FISCAL YEAR 2020; YEAR 2019; APPROPRIATING ADDITIONAL MONEYS APPROPRIATING MONEYS TO THE COMMISSION ON TO THE DEPARTMENT OF HEALTH AND WELFARE AGING FOR FISCAL YEAR 2020; AND LIMITING THE FOR THE SUBSTANCE ABUSE TREATMENT AND NUMBER OF AUTHORIZED FULL-TIME EQUIVALENT PREVENTION PROGRAM FOR FISCAL YEAR 2019; POSITIONS. APPROPRIATING ADDITIONAL MONEYS TO THE DEPARTMENT OF HEALTH AND WELFARE FOR THE S 1168 FOSTER AND ASSISTANCE PAYMENTS PROGRAM FOR BY FINANCE COMMITTEE FISCAL YEAR 2019; REDUCING THE APPROPRIATION AN ACT TO THE DEPARTMENT OF HEALTH AND WELFARE RELATING TO THE APPROPRIATION TO THE DIVISION FOR THE BENEFIT PAYMENTS PROGRAM FOR FISCAL OF FINANCIAL MANAGEMENT FOR FISCAL YEAR YEAR 2019; REDUCING THE APPROPRIATION TO 2020; APPROPRIATING MONEYS TO THE DIVISION THE DEPARTMENT OF HEALTH AND WELFARE FOR OF FINANCIAL MANAGEMENT FOR FISCAL YEAR THE INDIRECT SUPPORT SERVICES PROGRAM FOR 2020; AND LIMITING THE NUMBER OF AUTHORIZED FISCAL YEAR 2019; REDUCING THE APPROPRIATION FULL-TIME EQUIVALENT POSITIONS. TO THE DEPARTMENT OF HEALTH AND WELFARE FOR THE ADULT MENTAL HEALTH PROGRAM FOR S 1169 FISCAL YEAR 2019; ALLOCATING FUNDING FOR THE BY FINANCE COMMITTEE HOME VISITATION PROGRAM; AND DECLARING AN AN ACT EMERGENCY. RELATING TO THE APPROPRIATION TO THE IDAHO STATE LOTTERY FOR FISCAL YEAR 2020; S 1164 APPROPRIATING MONEYS TO THE IDAHO STATE BY FINANCE COMMITTEE LOTTERY FOR FISCAL YEAR 2020; LIMITING THE AN ACT NUMBER OF AUTHORIZED FULL-TIME EQUIVALENT RELATING TO THE APPROPRIATION TO THE SUPREME POSITIONS; AND PROVIDING CONTINUOUS COURT FOR FISCAL YEAR 2020; APPROPRIATING APPROPRIATION AUTHORITY. MONEYS TO THE SUPREME COURT FOR FISCAL YEAR 2020; EXEMPTING THE APPROPRIATION FROM S 1170 OBJECT AND PROGRAM TRANSFER LIMITATIONS; BY FINANCE COMMITTEE AND PROVIDING REQUIREMENTS FOR RETIREMENT AN ACT CONTRIBUTIONS. RELATING TO THE APPROPRIATION TO THE MILITARY DIVISION FOR FISCAL YEAR 2020; APPROPRIATING S 1165 MONEYS TO THE MILITARY DIVISION FOR FISCAL BY FINANCE COMMITTEE YEAR 2020; LIMITING THE NUMBER OF AUTHORIZED AN ACT FULL-TIME EQUIVALENT POSITIONS; AND PROVIDING RELATING TO THE APPROPRIATION TO THE STATE A CONTINUOUS APPROPRIATION. BOARD OF EDUCATION AND THE BOARD OF REGENTS OF THE UNIVERSITY OF IDAHO FOR HEALTH S 1159, S 1160, S 1161, S 1162, S 1163, S 1164, S 1165, EDUCATION PROGRAMS FOR FISCAL YEAR 2020; S 1166, S 1167, S 1168, S 1169, and S 1170 were introduced, read APPROPRIATING MONEYS TO THE STATE BOARD OF the first time at length, and referred to the Judiciary and Rules EDUCATION AND THE BOARD OF REGENTS OF THE Committee for printing. UNIVERSITY OF IDAHO FOR HEALTH EDUCATION PROGRAMS FOR FISCAL YEAR 2020; LIMITING THE HCR 16 and HCR 17, by Revenue and Taxation Committee, NUMBER OF AUTHORIZED FULL-TIME EQUIVALENT were introduced, read at length, and referred to the Local POSITIONS; EXEMPTING THE APPROPRIATION Government and Taxation Committee. FROM OBJECT TRANSFER LIMITATIONS; PROVIDING H 211, H 212, H 213, H 214, and H 216, by Appropriations REAPPROPRIATION AUTHORITY; DIRECTING AN Committee, were introduced, read the first time at length, and ADJUSTMENT FOR STUDENT TUITION AND FEES FOR referred to the Finance Committee. FISCAL YEAR 2020; DIRECTING AN ADJUSTMENT FOR STUDENT TUITION AND FEES FOR FISCAL YEAR 2019; H 177, by Ways and Means Committee, was introduced, read AND DECLARING AN EMERGENCY. the first time at length, and referred to the Commerce and Human Resources Committee. S 1166 BY FINANCE COMMITTEE H 99, by Judiciary, Rules and Administration Committee, AN ACT was introduced, read the first time at length, and referred to the RELATING TO THE APPROPRIATION TO THE IDAHO Judiciary and Rules Committee. STATE POLICE FOR FISCAL YEAR 2019; APPROPRIATING 156 SENATE JOURNAL March 5, 2019]

HCR 9, by Environment, Energy and Technology Petitions, Resolutions, and Memorials Committee, was introduced, read at length, and referred to the Resources and Environment Committee. On motion by Senator Winder, seconded by Senator Stennett, by voice vote the Senate recessed at 11:26 a.m. until the hour of H 180, by Health and Welfare Committee, was introduced, 4 p.m. of this day. read the first time at length, and referred to the Health and Welfare Committee. RECESS AFTERNOON SESSION H 181, by Health and Welfare Committee, was introduced, read the first time at length, and referred to the Judiciary and The Senate reconvened at 4 p.m., pursuant to recess, Rules Committee. President McGeachin presiding. H 182, by Health and Welfare Committee, was introduced, Roll call showed all members present except President Pro read the first time at length, and referred to the Health and Welfare Tempore Hill and Senators Anthon, Burgoyne, Cheatham, Grow, Committee. Lakey, Lodge, Nye, Rice, and Vick, absent and excused. H 191, by State Affairs Committee, was introduced, read the Prior to recess the Senate was at the Fifth Order of Business, first time at length, and referred to the State Affairs Committee. Petitions, Resolutions, and Memorials. H 164 and H 201, by Revenue and Taxation Committee, were The Senate advanced to the Sixth Order of Business. introduced, read the first time at length, and referred to the Local Government and Taxation Committee. Reports of Standing Committees H 137, as amended, H 78, as amended, and H 118, as March 5, 2019 amended, by Judiciary, Rules and Administration Committee, The FINANCE Committee reports out H 211, H 212, H 213, were introduced, read the first time at length, and referred to the H 214, H 216, S 1155, S 1156, S 1157, and S 1158 with the Judiciary and Rules Committee. recommendation that they do pass. H 158, as amended, by Ways and Means Committee, was BAIR, Chairman introduced, read the first time at length, and referred to the State Affairs Committee. H 211, H 212, H 213, H 214, H 216, S 1155, S 1156, S 1157, On request by Senator Winder, granted by unanimous and S 1158 were filed for second reading. consent, the Senate advanced to the Thirteenth Order of Business. March 5, 2019 The TRANSPORTATION Committee reports out H 126 and Third Reading of Bills HJM 6 with the recommendation that they do pass. On request by Senator Winder, granted by unanimous BRACKETT, Chairman consent, S 1074 retained its place on the Third Reading Calendar for Thursday, March 7, 2019. H 126 was filed for second reading. S 1034, as amended, having been held, having previously HJM 6 was referred to the Tenth Order of Business, Motions been read the third time at length and debate having previously and Resolutions, and ordered held at the Secretary's desk for one been opened, was before the Senate for final consideration. legislative day. President McGeachin recognized Senator Den Hartog to continue open debate. March 5, 2019 Roll call resulted as follows: The TRANSPORTATION Committee reports out H 88 and H 106 with the recommendation that they be referred to the AYES–Agenbroad, Bair, Bayer, Brackett, Buckner-Webb, Fourteenth Order of Business for amendment. Burgoyne, Burtenshaw, Cheatham, Crabtree, Den Hartog, Grow, Guthrie, Heider, Hill, Jordan, Lakey, Lee, Lent, Lodge, BRACKETT, Chairman Mortimer, Nelson, Nye, Souza, Stennett, Ward-Engelking, Winder, Woodward. Total - 27. There being no objection, H 88 and H 106 were referred to the Fourteenth Order of Business, General Calendar. NAYS–Anthon, Harris, Johnson, Martin, Patrick, Rice, Thayn, Vick. Total - 8. March 5, 2019 Total - 35. The COMMERCE AND HUMAN RESOURCES Committee reports out H 84 and H 94 with the recommendation Whereupon the President declared S 1034, as that they do pass. amended, passed, title was approved, and the bill ordered transmitted to the House. PATRICK, Chairman On request by Senator Winder, granted by unanimous H 84 and H 94 were filed for second reading. consent, the Senate returned to the Fourth Order of Business. March 4, 2019

Reading of Communications The COMMERCE AND HUMAN RESOURCES Committee reports it has had under consideration the On request by Senator Winder, granted by unanimous Gubernatorial appointments listed below and the Committee consent, the Senate advanced to the Fifth Order of Business. recommends that said appointments be confirmed by the Senate: [March 5, 2019 SENATE JOURNAL 157

Celia Gould to the Public Employee Retirement System of Roll call resulted as follows: Idaho Board, term to expire July 1, 2023. AYES–Agenbroad, Anthon, Bair, Bayer, Brackett, Max Black to the State Insurance Fund Board, term to expire Buckner-Webb, Burgoyne, Burtenshaw, Cheatham, Crabtree, April 3, 2022. Den Hartog, Grow, Guthrie, Harris, Heider, Hill, Johnson, Jordan, Lakey, Lee, Lent, Lodge, Martin, Mortimer, Nelson, Nye, Susan Buxton as the Administrator of the Division of Human Patrick, Rice, Souza, Stennett, Thayn, Vick, Ward-Engelking, Resources, term to continue at the pleasure of the Governor. Winder, Woodward. Total - 35. Thomas Limbaugh to the Idaho Industrial Commission, term Whereupon the President declared S 1075, as to expire January 14, 2025. amended, passed, title was approved, and the bill ordered PATRICK, Chairman transmitted to the House. The Gubernatorial appointments were referred to the Tenth S 1139 was read the third time at length, section by section, Order of Business, Motions and Resolutions, and ordered held at and placed before the Senate for final consideration. Senator Lee the Secretary's desk for one legislative day. 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, the Senate advanced to the Thirteenth Order of Business. Roll call resulted as follows: AYES–Agenbroad, Anthon, Bair, Bayer, Brackett, Third Reading of Bills Buckner-Webb, Burgoyne, Burtenshaw, Cheatham, Crabtree, Den Hartog, Grow, Guthrie, Harris, Heider, Hill, Johnson, S 1099, as amended, was read the third time at length, section Jordan, Lakey, Lee, Lent, Lodge, Martin, Mortimer, Nelson, Nye, by section, and placed before the Senate for final consideration. Patrick, Rice, Souza, Stennett, Thayn, Vick, Ward-Engelking, Senator Souza arose as sponsor of the bill and opened the debate. Winder, Woodward. Total - 35. The question being, "Shall the bill pass?" Whereupon the President declared S 1139 passed, title was Roll call resulted as follows: approved, and the bill ordered transmitted to the House. AYES–Agenbroad, Anthon, Bair, Bayer, Brackett, Burgoyne, Burtenshaw, Cheatham, Crabtree, Den Hartog, Grow, Guthrie, S 1140 was read the third time at length, section by section, Harris, Heider, Hill, Johnson, Lakey, Lee, Lent, Lodge, Martin, and placed before the Senate for final consideration. Senator Lee Mortimer, Nye, Patrick, Rice, Souza, Stennett, Thayn, Vick, arose as sponsor of the bill and opened the debate. The question Ward-Engelking, Winder, Woodward. Total - 32. being, "Shall the bill pass?" NAYS–Buckner-Webb, Jordan, Nelson. Total - 3. Roll call resulted as follows: Total - 35. AYES–Agenbroad, Anthon, Bair, Bayer, Brackett, Buckner-Webb, Burgoyne, Burtenshaw, Cheatham, Crabtree, Whereupon the President declared S 1099, as Den Hartog, Grow, Guthrie, Harris, Heider, Hill, Johnson, amended, passed, title was approved, and the bill ordered Jordan, Lakey, Lee, Lent, Lodge, Martin, Mortimer, Nelson, Nye, transmitted to the House. Patrick, Rice, Souza, Stennett, Thayn, Vick, Ward-Engelking, Winder, Woodward. Total - 35. S 1129, as amended, was read the third time at length, section by section, and placed before the Senate for final consideration. Whereupon the President declared S 1140 passed, title was Senator Heider 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?" S 1141 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–Agenbroad, Anthon, Bair, Bayer, Brackett, Johnson arose as sponsor of the bill and opened the debate. The Buckner-Webb, Burgoyne, Burtenshaw, Cheatham, Crabtree, question being, "Shall the bill pass?" Den Hartog, Grow, Guthrie, Heider, Hill, Jordan, Lakey, Lent, Roll call resulted as follows: Martin, Mortimer, Nelson, Nye, Patrick, Rice, Souza, Stennett, Thayn, Vick, Winder, Woodward. Total - 30. AYES–Agenbroad, Anthon, Bair, Bayer, Brackett, Buckner-Webb, Burgoyne, Burtenshaw, Cheatham, Crabtree, NAYS–Harris, Johnson, Lee, Lodge. Total - 4. Den Hartog, Grow, Guthrie, Harris, Heider, Hill, Johnson, Absent and excused–Ward-Engelking. Total - 1. Jordan, Lakey, Lee, Lent, Lodge, Martin, Mortimer, Nelson, Nye, Patrick, Rice, Souza, Stennett, Thayn, Vick, Ward-Engelking, Total - 35. Winder, Woodward. Total - 35. Whereupon the President declared S 1129, as Whereupon the President declared S 1141 passed, title was amended, passed, title was approved, and the bill ordered approved, and the bill ordered transmitted to the House. transmitted to the House. S 1142 was read the third time at length, section by section, and placed before the Senate for final consideration. Senator S 1075, as amended, was read the third time at length, section Crabtree arose as sponsor of the bill and opened the debate. The by section, and placed before the Senate for final consideration. question being, "Shall the bill pass?" Senator Lee arose as sponsor of the bill and opened the debate. The question being, "Shall the bill pass?" Roll call resulted as follows: 158 SENATE JOURNAL March 5, 2019]

AYES–Agenbroad, Anthon, Bair, Bayer, Brackett, Buckner-Webb, Burgoyne, Burtenshaw, Cheatham, Crabtree, Den Hartog, Grow, Guthrie, Harris, Heider, Hill, Johnson, Jordan, Lakey, Lee, Lent, Lodge, Martin, Mortimer, Nelson, Nye, Patrick, Rice, Souza, Stennett, Thayn, Vick, Ward-Engelking, Winder, Woodward. Total - 35. Whereupon the President declared S 1142 passed, title was approved, and the bill ordered transmitted to the House. S 1143 was read the third time at length, section by section, and placed before the Senate for final consideration. Senator Burtenshaw arose as sponsor of the bill and opened the debate. The question being, "Shall the bill pass?" Roll call resulted as follows: AYES–Agenbroad, Anthon, Bair, Bayer, Brackett, Buckner-Webb, Burgoyne, Burtenshaw, Cheatham, Crabtree, Den Hartog, Grow, Guthrie, Harris, Heider, Hill, Johnson, Jordan, Lakey, Lee, Lent, Lodge, Martin, Mortimer, Nelson, Nye, Patrick, Rice, Souza, Stennett, Thayn, Vick, Ward-Engelking, Winder, Woodward. Total - 35. Whereupon the President declared S 1143 passed, title was approved, and the bill ordered transmitted to the House. S 1144 was read the third time at length, section by section, and placed before the Senate for final consideration. Senator Burtenshaw arose as sponsor of the bill and opened the debate. The question being, "Shall the bill pass?" Roll call resulted as follows: AYES–Agenbroad, Anthon, Bair, Bayer, Brackett, Buckner-Webb, Burgoyne, Burtenshaw, Cheatham, Crabtree, Den Hartog, Grow, Guthrie, Harris, Heider, Hill, Johnson, Jordan, Lakey, Lee, Lent, Lodge, Martin, Mortimer, Nelson, Nye, Patrick, Rice, Souza, Stennett, Thayn, Vick, Ward-Engelking, Winder, Woodward. Total - 35. Whereupon the President declared S 1144 passed, title was approved, and the bill ordered transmitted 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 Stennett, by voice vote, the Senate adjourned at 5:24 p.m. until the hour of 10 a.m., Wednesday, March 6, 2019. JANICE MCGEACHIN, President Attest: JENNIFER NOVAK, Secretary [March 6, 2019 SENATE JOURNAL 159

SENATE JOURNAL WHEREAS, the state, in partnership with the United States Air Force is working on the Mountain Home Air Force Base OF THE Sustainable Water Supply Project. The purpose of the project is to provide a sustainable, long-term water supply for the base from the Snake River and to eliminate the base's reliance on the IDAHO LEGISLATURE declining Mountain Home Aquifer; and WHEREAS, the project consists of a pump station at C.J. FIRST REGULAR SESSION Strike Reservoir and a 14.4 mile long pipeline to bring Snake SIXTY-FIFTH LEGISLATURE River water to the base, as well as construction of a water treatment plant at the base; and WHEREAS, it is anticipated that the state will build, own, maintain, and operate the pipeline and the pumps and that the United States Air Force will build, operate, and maintain the FIFTY-NINTH LEGISLATIVE DAY water treatment plant, as well as anything downstream of the WEDNESDAY, MARCH 6, 2019 plant; and WHEREAS, Mountain Home Air Force Base is one of the largest employers in Idaho. According to a 2016 study, the base Senate Chamber is responsible for the direct employment of 4,686 personnel, supports an additional 190 jobs in local businesses that directly President McGeachin called the Senate to order at 10 a.m. supply the base's operations, and is responsible for 2,127 jobs Roll call showed all members present except Senators Grow supported by the consumer spending of those who are directly and Johnson, absent and excused. and indirectly employed by the base; and WHEREAS, Mountain Home Air Force Base has been Prayer was offered by Chaplain Montie Ralstin. estimated to support the employment of more than 10,500 individuals; and The Pledge of Allegiance was led by Alex Knowlton, Page. WHEREAS, Mountain Home Air Force Base generates $462 million in labor income; $797 million in all forms of income The Senate advanced to the Third Order of Business. including wages, salaries, interest, rent, and profit; and an output of goods and services valued at $965 million; and Reading and Correction of the Journal WHEREAS, a 2010 Economic Impact Analysis by the The JUDICIARY AND RULES Committee reports that the United States Air Force, assisted by Boise State University, Senate Journal of the proceedings of March 5, 2019, was read and shows that the estimated annual economic impact from the approved as corrected. Mountain Home Air Force Base is approximately $1.02 billion; and LAKEY, Chairman WHEREAS, the State of Idaho and the Department of Commerce recognize that continued economic viability requires There being no objection, the report was adopted and ordered taking care of existing business before expanding economic filed in the office of the Secretary of the Senate. development and attracting new business; and WHEREAS, it is anticipated that there could be another On request by Senator Winder, granted by unanimous round of Base Realignment and Closure in the near future; and consent, the Senate advanced to the Fifth Order of Business. WHEREAS, Mountain Home Air Force Base has many Petitions, Resolutions, and Memorials strong attributes, such as great airspace, many clear weather days suitable for flying, and low possibility of encroachment around SJM 104 the base; and BY STATE AFFAIRS COMMITTEE WHEREAS, the uncertainty of a dependable water supply A JOINT MEMORIAL necessary for future operation is the only weakness that TO THE SENATE AND THE HOUSE OF REPRESENTATIVES jeopardizes the future of Mountain Home Air Force Base. OF THE UNITED STATES IN CONGRESS ASSEMBLED, NOW, THEREFORE, BE IT RESOLVED by the members AND TO THE CONGRESSIONAL DELEGATION of the First Regular Session of the Sixty-fifth Idaho Legislature, REPRESENTING THE STATE OF IDAHO IN THE the Senate and the House of Representatives concurring therein, CONGRESS OF THE UNITED STATES. that we support the construction of a new pipeline to bring Snake We, your Memorialists, the Senate and the House of River water to Mountain Home Air Force Base to ensure the Representatives of the State of Idaho assembled in the First long-term viability of the base. Regular Session of the Sixty-fifth Idaho Legislature, do hereby BE IT FURTHER RESOLVED that the Idaho Legislature respectfully represent that: urges the congressional delegation for the State of Idaho to take WHEREAS, the Mountain Home Air Force Base draws its any further actions necessary to advance the pipeline project water supply from the Mountain Home Aquifer. The aquifer is through additional congressional action to authorize construction over-drafted by about 30,000 acre-feet annually and is declining and provide further Military Construction (MILCON) Funds. approximately two feet per year; and BE IT FURTHER RESOLVED that the Secretary of the WHEREAS, there are water quality issues in some of the Senate be, and she is hereby authorized and directed to forward wells that the Mountain Home Air Force Base depends on for its a copy of this Memorial to the President of the Senate and the water supply. Of the six main wells that are on the base, only two Speaker of the House of Representatives of Congress, and to the are safe sources of drinking water and four are contaminated. Of congressional delegation representing the State of Idaho in the the four contaminated wells, one is high in nitrates and is used Congress of the United States. strictly for irrigation, and the other three are high in nitrates and perfluorinated compounds; and 160 SENATE JOURNAL March 6, 2019]

SJM 104 was introduced, read at length, and referred to the March 5, 2019 Judiciary and Rules Committee for printing. Dear Madam President: The Senate advanced to the Sixth Order of Business. I return herewith Enrolled S 1028, which has been signed by the Speaker. Reports of Standing Committees MAULIN, Chief Clerk March 6, 2019 Enrolled S 1028 was referred to the Judiciary and Rules The JUDICIARY AND RULES Committee reports that Committee for transmittal to the Office of the Governor. S 1159, S 1160, S 1161, S 1162, S 1163, S 1164, S 1165, S 1166, S 1167, S 1168, S 1169, and S 1170 have been correctly printed. On request by Senator Winder, granted by unanimous consent, the Senate advanced to the Eleventh Order of Business. LAKEY, Chairman S 1159 and S 1160 were referred to the State Affairs Introduction, First Reading, and Reference of Bills, Committee. House Petitions, Resolutions, and Memorials S 1161 was referred to the Judiciary and Rules Committee. S 1171 BY FINANCE COMMITTEE S 1162, S 1163, S 1164, S 1165, S 1166, S 1167, S 1168, AN ACT S 1169, and S 1170 were referred to the Finance Committee. RELATING TO THE APPROPRIATION TO THE March 5, 2019 DEPARTMENT OF HEALTH AND WELFARE FOR FISCAL YEAR 2020; APPROPRIATING MONEYS TO The HEALTH AND WELFARE Committee reports out THE DEPARTMENT OF HEALTH AND WELFARE FOR H 182 with the recommendation that it do pass. THE MEDICAID DIVISION FOR FISCAL YEAR 2020; LIMITING THE NUMBER OF AUTHORIZED FULL-TIME MARTIN, Chairman EQUIVALENT POSITIONS; PROVIDING FOR GENERAL H 182 was filed for second reading. FUND TRANSFERS TO THE COOPERATIVE WELFARE FUND; DIRECTING EXPENDITURES FOR TRUSTEE AND On request by Senator Winder, granted by unanimous BENEFIT PAYMENTS; PROVIDING REQUIREMENTS consent, the Senate advanced to the Ninth Order of Business. FOR PROGRAM INTEGRITY; REQUIRING MONTHLY MEDICAID TRACKING REPORTS; ALLOWING FOR TRANSFERS OF APPROPRIATION BETWEEN CERTAIN Messages from the House PROGRAMS; REQUIRING A REPORT ON MEDICAID March 5, 2019 MANAGED CARE IMPLEMENTATION; REQUIRING A REPORT ON FLEXIBLE RECEIPT AUTHORITY; Dear Madam President: PROVIDING REQUIREMENTS FOR NON-EMERGENCY I transmit herewith H 145, as amended, H 200, H 215, H 219, MEDICAL TRANSPORTATION; PROVIDING DIRECTION H 220, H 221, H 222, H 223, H 224, and H 225, which have TO MANAGE THE NON-EMERGENCY MEDICAL passed the House. TRANSPORTATION CONTRACT; AND REQUIRING COST-SHARING FOR SERVICES. MAULIN, Chief Clerk S 1172 H 145, as amended, H 200, H 215, H 219, H 220, H 221, BY FINANCE COMMITTEE H 222, H 223, H 224, and H 225 were filed for first reading. AN ACT RELATING TO THE APPROPRIATION TO THE DIVISION March 5, 2019 OF HUMAN RESOURCES FOR FISCAL YEAR 2020; APPROPRIATING MONEYS TO THE DIVISION OF HUMAN Dear Madam President: RESOURCES FOR FISCAL YEAR 2020; LIMITING THE NUMBER OF AUTHORIZED FULL-TIME EQUIVALENT I return herewith S 1047 and S 1008, which have passed the POSITIONS; PROVIDING GUIDANCE FOR PREMIUM House. HOLIDAYS; AND PROVIDING GUIDANCE FOR THE MAULIN, Chief Clerk IMPLEMENTATION OF EMPLOYEE COMPENSATION. S 1047 and S 1008 were referred to the Judiciary and Rules S 1173 Committee for enrolling. BY FINANCE COMMITTEE AN ACT RELATING TO THE APPROPRIATION TO THE March 5, 2019 DEPARTMENT OF HEALTH AND WELFARE FOR Dear Madam President: FISCAL YEAR 2020; APPROPRIATING MONEYS TO THE DEPARTMENT OF HEALTH AND WELFARE FOR I transmit herewith Enrolled H 68 for the signature of the THE DIVISIONS OF MENTAL HEALTH SERVICES, President. PSYCHIATRIC HOSPITALIZATION, AND SUBSTANCE MAULIN, Chief Clerk ABUSE TREATMENT AND PREVENTION FOR FISCAL YEAR 2020; LIMITING THE NUMBER OF AUTHORIZED The President signed Enrolled H 68 and ordered it returned FULL-TIME EQUIVALENT POSITIONS; PROVIDING FOR to the House. GENERAL FUND TRANSFERS TO THE COOPERATIVE [March 6, 2019 SENATE JOURNAL 161

WELFARE FUND; DIRECTING EXPENDITURES FOR OF A NEW SECTION 38-137, IDAHO CODE, TO PROVIDE TRUSTEE AND BENEFIT PAYMENTS; PROVIDING RESTRICTIONS REGARDING THE USE OF EXPLODING REQUIREMENTS FOR PROGRAM INTEGRITY; LIMITING TARGETS, TO PROVIDE FOR VIOLATIONS, TO PROVIDE THE TRANSFER OF LEGISLATIVE APPROPRIATIONS; FOR THE APPLICABILITY OF SPECIFIED LAW, TO CLARIFYING RESPONSIBILITY FOR EDUCATION OF DEFINE A TERM, AND TO PROVIDE AN EXCEPTION TO CERTAIN CHILDREN IN STATE CARE; DIRECTING AN APPLICABILITY. INTERAGENCY PAYMENT FOR A JUVENILE DETENTION CLINICIANS CONTRACT; PROVIDING REQUIREMENTS S 1171, S 1172, S 1173, S 1174, S 1175, S 1176, S 1177, and REGARDING FUNDING FOR BEHAVIORAL HEALTH S 1178 were introduced, read the first time at length, and referred COMMUNITY CRISIS CENTERS; AND EXEMPTING to the Judiciary and Rules Committee for printing. THE APPROPRIATION FROM PROGRAM TRANSFER H 145, as amended, by Business Committee, was introduced, LIMITATIONS. read the first time at length, and referred to the Commerce and Human Resources Committee. S 1174 BY FINANCE COMMITTEE H 200, H 215, H 219, H 220, H 221, H 222, H 223, H 224, AN ACT and H 225, by Appropriations Committee, were introduced, read RELATING TO THE APPROPRIATION TO THE the first time at length, and referred to the Finance Committee. DEPARTMENT OF HEALTH AND WELFARE FOR FISCAL YEAR 2020; APPROPRIATING MONEYS TO The Senate advanced to the Twelfth Order of Business. THE DEPARTMENT OF HEALTH AND WELFARE FOR THE WELFARE DIVISION FOR FISCAL YEAR 2020; Second Reading of Bills LIMITING THE NUMBER OF AUTHORIZED FULL-TIME EQUIVALENT POSITIONS; PROVIDING FOR GENERAL Senator Grow was recorded present at this order of business. FUND TRANSFERS TO THE COOPERATIVE WELFARE FUND; PROHIBITING TRANSFERS FOR TRUSTEE AND BENEFIT PAYMENTS; PROVIDING REQUIREMENTS FOR H 134, by Commerce and Human Resources Committee, was PROGRAM INTEGRITY; AND REQUIRING BIANNUAL read the second time at length and filed for third reading. REPORTS. H 155, H 171, and H 173, by State Affairs Committee, were read the second time at length and filed for third reading. S 1175 BY STATE AFFAIRS COMMITTEE SJR 102, by Judiciary and Rules Committee, was read the AN ACT second time at length and filed for third reading. RELATING TO LICENSE PLATES; AMENDING SECTION 49-402, IDAHO CODE, TO PROVIDE A CORRECT CODE H 186 and H 187, by Appropriations Committee, were read REFERENCE; AND AMENDING CHAPTER 4, TITLE 49, the second time at length and filed for third reading. IDAHO CODE, BY THE ADDITION OF A NEW SECTION 49-420Q, IDAHO CODE, TO PROVIDE FOR TOO GREAT S 1147, S 1148, S 1149, and S 1150, by Finance Committee, FOR HATE LICENSE PLATES. were read the second time at length and filed for third reading. H 113, by Judiciary, Rules and Administration Committee, S 1176 was read the second time at length and filed for third reading. BY STATE AFFAIRS COMMITTEE AN ACT S 1146, by Judiciary and Rules Committee, was read the RELATING TO COMMON LAW; AMENDING SECTION second time at length and filed for third reading. 73-116, IDAHO CODE, TO PROVIDE FOR THE APPLICATION OF CERTAIN LEGAL AUTHORITY AND S 1050 and S 1087, by Resources and Environment TO PROVIDE THAT A CERTAIN RESTATEMENT OF THE Committee, were read the second time at length and filed for LAW SHALL NOT BE RECOGNIZED. third reading. H 153, by Education Committee, was read the second time S 1177 at length and filed for third reading. BY STATE AFFAIRS COMMITTEE AN ACT H 109 and H 151, by Health and Welfare Committee, were RELATING TO HORSE RACING; AMENDING SECTION read the second time at length and filed for third reading. 54-2512, IDAHO CODE, TO REVISE PROVISIONS REGARDING LICENSE TRANSFER AND THE H 211, H 212, H 213, H 214, and H 216, by Appropriations DISTRIBUTION AND USE OF CERTAIN FUNDS AND Committee, were read the second time at length and filed for third TO MAKE TECHNICAL CORRECTIONS; AMENDING reading. SECTION 54-2513, IDAHO CODE, TO REVISE PROVISIONS S 1155, S 1156, S 1157, and S 1158, by Finance Committee, REGARDING THE DISTRIBUTION OF CERTAIN FUNDS were read the second time at length and filed for third reading. AND TO MAKE TECHNICAL CORRECTIONS; AND DECLARING AN EMERGENCY. H 126, by Transportation and Defense Committee, was read the second time at length and filed for third reading. S 1178 BY STATE AFFAIRS COMMITTEE H 84 and H 94, by Business Committee, were read the AN ACT second time at length and filed for third reading. RELATING TO EXPLODING TARGETS; AMENDING CHAPTER 1, TITLE 38, IDAHO CODE, BY THE ADDITION The Senate advanced to the Thirteenth Order of Business. 162 SENATE JOURNAL March 6, 2019]

Third Reading of Bills Roll call resulted as follows: S 1145 was read the third time at length, section by section, AYES–Agenbroad, Anthon, Bair, Bayer, Brackett, and placed before the Senate for final consideration. Senator Buckner-Webb, Burgoyne, Burtenshaw, Cheatham, Crabtree, Burtenshaw arose as sponsor of the bill and opened the debate. Den Hartog, Grow, Guthrie, Harris, Heider, Hill, Jordan, Lakey, The question being, "Shall the bill pass?" Lee, Lent, Lodge, Martin, Mortimer, Nelson, Nye, Patrick, Rice, Souza, Stennett, Thayn, Vick, Ward-Engelking, Winder, Roll call resulted as follows: Woodward. Total - 34. AYES–Agenbroad, Anthon, Bair, Bayer, Brackett, NAYS–None. Buckner-Webb, Burgoyne, Burtenshaw, Cheatham, Crabtree, Den Hartog, Grow, Guthrie, Harris, Heider, Hill, Jordan, Lakey, Absent and excused–Johnson. Total - 1. Lee, Lent, Lodge, Martin, Mortimer, Nelson, Nye, Patrick, Rice, Souza, Stennett, Thayn, Vick, Ward-Engelking, Winder, Total - 35. Woodward. Total - 34. Whereupon the President declared H 80 passed, title was NAYS–None. approved, and the bill ordered returned to the House. Absent and excused–Johnson. Total - 1. H 76 was read the third time at length, section by section, and placed before the Senate for final consideration. Senator Nelson Total - 35. arose as sponsor of the bill and opened the debate. The question Whereupon the President declared S 1145 passed, title was being, "Shall the bill pass?" approved, and the bill ordered transmitted to the House. Roll call resulted as follows: H 58 was read the third time at length, section by section, and AYES–Agenbroad, Anthon, Bair, Bayer, Brackett, placed before the Senate for final consideration. Senator Jordan Buckner-Webb, Burgoyne, Burtenshaw, Cheatham, Crabtree, arose as sponsor of the bill and opened the debate. The question Den Hartog, Grow, Guthrie, Harris, Heider, Hill, Jordan, Lakey, being, "Shall the bill pass?" Lee, Lent, Lodge, Martin, Mortimer, Nelson, Nye, Patrick, Roll call resulted as follows: Rice, Souza, Stennett, Thayn, Vick, Ward-Engelking, Winder, Woodward. Total - 34. AYES–Agenbroad, Anthon, Bair, Bayer, Brackett, Buckner-Webb, Burgoyne, Burtenshaw, Cheatham, Crabtree, NAYS–None. Den Hartog, Grow, Guthrie, Harris, Heider, Hill, Jordan, Lakey, Absent and excused–Johnson. Total - 1. Lee, Lent, Lodge, Martin, Mortimer, Nelson, Nye, Patrick, Rice, Souza, Stennett, Thayn, Vick, Ward-Engelking, Winder, Total - 35. Woodward. Total - 34. Whereupon the President declared H 76 passed, title was NAYS–None. approved, and the bill ordered returned to the House. Absent and excused–Johnson. Total - 1. H 105 was read the third time at length, section by section, and placed before the Senate for final consideration. Senator Total - 35. Burtenshaw arose as sponsor of the bill and opened the debate. Whereupon the President declared H 58 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 73 was read the third time at length, section by section, and AYES–Agenbroad, Anthon, Bayer, Brackett, Buckner-Webb, placed before the Senate for final consideration. Senator Lodge Burgoyne, Burtenshaw, Cheatham, Crabtree, Grow, Guthrie, arose as sponsor of the bill and opened the debate. The question Hill, Johnson, Jordan, Lakey, Lodge, Martin, Nelson, Nye, Rice, being, "Shall the bill pass?" Souza, Stennett, Ward-Engelking, Winder, Woodward. Total - 25. Roll call resulted as follows: NAYS–Bair, Den Hartog, Harris, Heider, Lee, Lent, AYES–Agenbroad, Anthon, Bair, Bayer, Brackett, Mortimer, Patrick, Thayn, Vick. Total - 10. Buckner-Webb, Burgoyne, Burtenshaw, Cheatham, Crabtree, Total - 35. Den Hartog, Grow, Guthrie, Harris, Heider, Hill, Jordan, Lakey, Lee, Lent, Lodge, Martin, Mortimer, Nelson, Nye, Patrick, Whereupon the President declared H 105 passed, title was Rice, Souza, Stennett, Thayn, Vick, Ward-Engelking, Winder, approved, and the bill ordered returned to the House. Woodward. Total - 34. H 5 was read the third time at length, section by section, and NAYS–None. placed before the Senate for final consideration. Senator Martin Absent and excused–Johnson. Total - 1. 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 H 73 passed, title was approved, and the bill ordered returned to the House. AYES–Agenbroad, Anthon, Bair, Bayer, Brackett, Buckner-Webb, Burgoyne, Burtenshaw, Cheatham, Crabtree, H 80 was read the third time at length, section by section, and Den Hartog, Grow, Guthrie, Harris, Heider, Hill, Johnson, placed before the Senate for final consideration. Senator Anthon Jordan, Lakey, Lee, Lent, Lodge, Martin, Mortimer, Nelson, Nye, arose as sponsor of the bill and opened the debate. The question Patrick, Rice, Souza, Stennett, Thayn, Vick, Ward-Engelking, being, "Shall the bill pass?" Winder, Woodward. Total - 35. [March 6, 2019 SENATE JOURNAL 163

Whereupon the President declared H 5 passed, title was Hartog arose as sponsor of the bill and opened the debate. The approved, and the bill ordered returned to the House. question being, "Shall the bill pass?" H 6 was read the third time at length, section by section, and Roll call resulted as follows: placed before the Senate for final consideration. Senator Souza arose as sponsor of the bill and opened the debate. The question AYES–Agenbroad, Anthon, Bair, Bayer, Brackett, being, "Shall the bill pass?" Buckner-Webb, Burgoyne, Burtenshaw, Cheatham, Crabtree, Den Hartog, Grow, Guthrie, Harris, Heider, Hill, Johnson, Roll call resulted as follows: Jordan, Lakey, Lee, Lent, Lodge, Martin, Mortimer, Nelson, Nye, Patrick, Rice, Souza, Stennett, Thayn, Vick, Ward-Engelking, AYES–Agenbroad, Anthon, Bair, Bayer, Brackett, Winder, Woodward. Total - 35. Buckner-Webb, Burgoyne, Burtenshaw, Cheatham, Crabtree, Den Hartog, Grow, Guthrie, Harris, Heider, Hill, Johnson, Whereupon the President declared H 91 passed, title was Jordan, Lakey, Lee, Lent, Lodge, Martin, Mortimer, Nelson, Nye, approved, and the bill ordered returned to the House. Patrick, Rice, Souza, Stennett, Thayn, Vick, Ward-Engelking, Winder, Woodward. Total - 35. H 103 was read the third time at length, section by section, and placed before the Senate for final consideration. Senator Whereupon the President declared H 6 passed, title was Grow arose as sponsor of the bill and opened the debate. The approved, and the bill ordered returned to the House. question being, "Shall the bill pass?" H 71 was read the third time at length, section by section, and Roll call resulted as follows: placed before the Senate for final consideration. Senator Guthrie arose as sponsor of the bill and opened the debate. The question AYES–Agenbroad, Anthon, Bair, Bayer, Brackett, being, "Shall the bill pass?" Buckner-Webb, Burgoyne, Burtenshaw, Cheatham, Crabtree, Den Hartog, Grow, Guthrie, Harris, Heider, Hill, Johnson, Roll call resulted as follows: Jordan, Lakey, Lee, Lent, Lodge, Martin, Mortimer, Nelson, Nye, AYES–Agenbroad, Anthon, Bair, Bayer, Brackett, Patrick, Rice, Souza, Stennett, Thayn, Vick, Ward-Engelking, Buckner-Webb, Burgoyne, Burtenshaw, Cheatham, Crabtree, Winder, Woodward. Total - 35. Den Hartog, Grow, Guthrie, Harris, Heider, Hill, Johnson, Whereupon the President declared H 103 passed, title was Jordan, Lakey, Lee, Lent, Lodge, Martin, Mortimer, Nelson, Nye, approved, and the bill ordered returned to the House. Patrick, Rice, Souza, Stennett, Thayn, Vick, Ward-Engelking, Winder, Woodward. Total - 35. H 24 was read the third time at length, section by section, and Whereupon the President declared H 71 passed, title was placed before the Senate for final consideration. Senator Crabtree approved, and the bill ordered returned to the House. arose as sponsor of the bill and opened the debate. The question being, "Shall the bill pass?" H 63 was read the third time at length, section by section, and placed before the Senate for final consideration. Senator Stennett Roll call resulted as follows: arose as sponsor of the bill and opened the debate. The question AYES–Agenbroad, Anthon, Bair, Bayer, Brackett, being, "Shall the bill pass?" Buckner-Webb, Burgoyne, Burtenshaw, Cheatham, Crabtree, Roll call resulted as follows: Den Hartog, Grow, Guthrie, Harris, Heider, Hill, Johnson, Jordan, Lakey, Lee, Lent, Lodge, Martin, Mortimer, Nelson, Nye, AYES–Agenbroad, Anthon, Bair, Bayer, Brackett, Patrick, Rice, Souza, Stennett, Thayn, Vick, Ward-Engelking, Buckner-Webb, Burgoyne, Burtenshaw, Cheatham, Crabtree, Winder, Woodward. Total - 35. Den Hartog, Grow, Guthrie, Harris, Heider, Hill, Johnson, Jordan, Lakey, Lee, Lent, Lodge, Martin, Mortimer, Nelson, Nye, Whereupon the President declared H 24 passed, title was Patrick, Rice, Souza, Stennett, Thayn, Vick, Ward-Engelking, approved, and the bill ordered returned to the House. Winder, Woodward. Total - 35. H 74 was read the third time at length, section by section, and Whereupon the President declared H 63 passed, title was placed before the Senate for final consideration. Senator Nelson approved, and the bill ordered returned to the House. arose as sponsor of the bill and opened the debate. The question being, "Shall the bill pass?" H 174 was read the third time at length, section by section, and placed before the Senate for final consideration. Senator Roll call resulted as follows: Ward-Engelking arose as sponsor of the bill and opened the debate. The question being, "Shall the bill pass?" AYES–Agenbroad, Brackett, Buckner-Webb, Burgoyne, Burtenshaw, Hill, Jordan, Nelson, Nye, Patrick, Stennett, Roll call resulted as follows: Ward-Engelking, Winder. Total - 13. AYES–Agenbroad, Anthon, Bair, Bayer, Brackett, NAYS–Anthon, Bair, Bayer, Cheatham, Crabtree, Den Buckner-Webb, Burgoyne, Burtenshaw, Cheatham, Crabtree, Hartog, Grow, Guthrie, Harris, Heider, Johnson, Lakey, Lee, Den Hartog, Grow, Guthrie, Harris, Heider, Hill, Johnson, Lent, Lodge, Martin, Mortimer, Rice, Souza, Thayn, Vick, Jordan, Lakey, Lee, Lent, Lodge, Martin, Mortimer, Nelson, Nye, Woodward. Total - 22. Patrick, Rice, Souza, Stennett, Thayn, Vick, Ward-Engelking, Winder, Woodward. Total - 35. Total - 35. Whereupon the President declared H 174 passed, title was Whereupon the President declared that H 74 had failed to approved, and the bill ordered returned to the House. pass the Senate and ordered the bill returned to the House. H 91 was read the third time at length, section by section, H 75 was read the third time at length, section by section, and placed before the Senate for final consideration. Senator Den and placed before the Senate for final consideration. Senator Rice 164 SENATE JOURNAL March 6, 2019] 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, Buckner-Webb, Burgoyne, Burtenshaw, Crabtree, Grow, Johnson, Jordan, Lakey, Lee, Lodge, Mortimer, Nelson, Nye, Patrick, Rice, Stennett, Thayn, Ward-Engelking, Winder, Woodward. Total - 22. NAYS–Agenbroad, Anthon, Bayer, Cheatham, Den Hartog, Guthrie, Harris, Heider, Hill, Lent, Martin, Souza, Vick. Total - 13. Total - 35. Whereupon the President declared H 75 passed, title was approved, and the bill ordered returned to the House. H 90 was read the third time at length, section by section, and placed before the Senate for final consideration. Senator Burtenshaw arose as sponsor of the bill and opened the debate. The question being, "Shall the bill pass?" Roll call resulted as follows: AYES–Agenbroad, Anthon, Bair, Bayer, Brackett, Burtenshaw, Cheatham, Crabtree, Den Hartog, Grow, Guthrie, Harris, Heider, Hill, Johnson, Lakey, Lee, Lent, Lodge, Martin, Mortimer, Patrick, Souza, Vick, Ward-Engelking, Winder, Woodward. Total - 27. NAYS–Buckner-Webb, Burgoyne, Jordan, Nelson, Rice, Stennett, Thayn. Total - 7. Absent and excused–Nye. Total - 1. Total - 35. Whereupon the President declared H 90 passed, title was approved, and the bill ordered returned to the House. On request by Senator Winder, granted by unanimous consent, S 1074 was placed at the head of the Third Reading Calendar, followed by H 156, followed by H 157, followed by 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 Stennett, by voice vote, the Senate adjourned at 12:17 p.m. until the hour of 10 a.m., Thursday, March 7, 2019. JANICE MCGEACHIN, President Attest: JENNIFER NOVAK, Secretary [March 7, 2019 SENATE JOURNAL 165

SENATE JOURNAL WHEREAS, Bear Lake is the oldest known continually "wet" lake in North America and one of the five oldest lakes in OF THE the world, being at least 250,000 years old; and WHEREAS, international scientists study Bear Lake for clues to the climate and ecology of the region; and IDAHO LEGISLATURE WHEREAS, Bear Lake has unique water chemistry, giving it the intense turquoise blue color for which it is known all over FIRST REGULAR SESSION the world; and SIXTY-FIFTH LEGISLATURE WHEREAS, Bear Lake has an extensive shoreline with areas of cobbled and sandy beaches that offer prime recreational opportunities; and WHEREAS, in addition to having more endemic fish species, four found only in Bear Lake, than any other lake in the United SIXTIETH LEGISLATIVE DAY States, Bear Lake is home to the largest and most genetically THURSDAY, MARCH 7, 2019 pure population of Bonneville cutthroat trout in existence, and the cutthroat trout is the state fish of Utah and Idaho; and WHEREAS, since about 1912, the upper 21.65 feet of Bear Senate Chamber Lake, approximately 1,400,000 acre-feet of water, has been used as a storage reservoir replenished from natural inflow sources President McGeachin called the Senate to order at 10 a.m. and from diversions from the Bear River in Idaho made by Roll call showed all members present except Senators Lodge PacifiCorp; and and Thayn, absent and excused. WHEREAS, the storage reservoir in Bear Lake has been operated by PacifiCorp to supply irrigation water to Prayer was offered by Chaplain Montie Ralstin. approximately 150,000 acres of prime irrigated agriculture on family farms and ranches downstream in Utah and Idaho for over The Pledge of Allegiance was led by Taylor McMullin, Page. 100 years and will remain an essential irrigation water supply The Senate advanced to the Third Order of Business. into the future; and WHEREAS, the historic Bear Lake irrigation water supply Reading and Correction of the Journal is protected by many agreements among PacifiCorp, the states of Utah, Idaho, and Wyoming, the Bear River Water Users The JUDICIARY AND RULES Committee reports that the Association and its members, and Bear Lake Watch, each with Senate Journal of the proceedings of March 6, 2019, was read and individual and unique interests in Bear Lake; and approved as corrected. WHEREAS, in addition to the irrigation water supply, and aesthetic and recreation uses, PacifiCorp also operates Bear Lake LAKEY, Chairman for flood control, and water released and pumped from Bear Lake There being no objection, the report was adopted and ordered is used to generate 107 megawatts of electricity downstream on filed in the office of the Secretary of the Senate. the Bear River; and WHEREAS, at times when water is low or is released or On request by Senator Winder, granted by unanimous pumped from Bear Lake, the exposed lake bed is vulnerable consent, the Senate advanced to the Fifth Order of Business. to nonnative vegetation invasion and degradation, which create hazards to navigation and impair recreational use for tens of Petitions, Resolutions, and Memorials thousands of visitors and thousands of homeowners; and Senator Thayn was recorded present at this order of business. WHEREAS, Bear Lake is a major recreation destination, with five Utah state park recreation areas and two Idaho state SJM 105 park recreation areas, the Bear Lake National Wildlife Refuge, BY JUDICIARY AND RULES COMMITTEE private marinas, and Boy Scout camps; and A JOINT MEMORIAL WHEREAS, Bear Lake is vital to local and regional TO THE GOVERNOR AND LEGISLATURE OF THE STATE economies in Utah and Idaho; and OF UTAH AND TO THE GOVERNOR OF THE STATE OF WHEREAS, the State of Idaho is committed to work in IDAHO. collaboration with the State of Utah, PacifiCorp, irrigators, and We, your Memorialists, the Senate and the House of local stakeholders to protect existing uses and plan for the future Representatives of the State of Idaho assembled in the First uses and enjoyment of Bear Lake. Regular Session of the Sixty-fifth Idaho Legislature, do hereby NOW, THEREFORE, BE IT RESOLVED by the members respectfully represent that: of the First Regular Session of the Sixty-fifth Idaho Legislature, WHEREAS, the State of Idaho is committed to protecting the Senate and the House of Representatives concurring therein, and enhancing Bear Lake storage water supplies, maintaining its that we urge the states of Utah and Idaho to work together in pristine water quality, and enhancing recreational and economic seeking solutions to address challenges regarding Bear Lake, opportunities for Idaho's citizens and tourists who add to Idaho's including recreation and economic development interests, water economy; and quality, invasive species, lake bed management and preservation, WHEREAS, Bear Lake is a large freshwater lake straddling and enhancement of irrigation water storage and water supply the border of Utah and Idaho with approximately half of the lake functions. in each state, and it is the second largest natural freshwater lake BE IT FURTHER RESOLVED that we urge the states by area in the State of Utah as well as in Idaho, second only to of Utah and Idaho, in continued cooperation, to develop joint Lake Pend Oreille; and expectations for the continued health, beauty, and enjoyment of WHEREAS, Bear Lake has a surface area of 110 square Bear Lake. miles, being approximately 20 miles long and 7 miles wide; and 166 SENATE JOURNAL March 7, 2019]

BE IT FURTHER RESOLVED that we encourage the March 6, 2019 states of Utah and Idaho, in continued cooperation, to develop opportunities for participation with stakeholders, to develop The FINANCE Committee reports out H 200, H 215, H 219, recommendations to protect and enhance existing beneficial H 220, H 221, H 222, H 223, H 224, H 225, S 1162, S 1163, uses, to maintain a healthy and sustainable lake, to encourage S 1164, S 1165, S 1166, S 1167, S 1168, S 1169, and S 1170 with economic development, to protect irrigation water storage, to the recommendation that they do pass. enhance recreation, and to preserve and protect Bear Lake for BAIR, Chairman future generations. BE IT FURTHER RESOLVED that the Secretary of the H 200, H 215, H 219, H 220, H 221, H 222, H 223, H 224, Senate be, and she is hereby authorized and directed to forward H 225, S 1162, S 1163, S 1164, S 1165, S 1166, S 1167, S 1168, a copy of this Memorial to the Governor and Legislature of the S 1169, and S 1170 were filed for second reading. State of Utah and to the Governor of the State of Idaho.

SJM 105 was introduced, read at length, and referred to the March 6, 2019 Judiciary and Rules Committee for printing. The STATE AFFAIRS Committee reports out S 1152 and The Senate advanced to the Sixth Order of Business. S 1153 with the recommendation that they do pass. Reports of Standing Committees LODGE, Chairman March 7, 2019 S 1152 and S 1153 were filed for second reading. The JUDICIARY AND RULES Committee reports that SJM 104, S 1171, S 1172, S 1173, S 1174, S 1175, S 1176, March 6, 2019 S 1177, and S 1178 have been correctly printed. The RESOURCES AND ENVIRONMENT Committee LAKEY, Chairman reports out HCR 10, HCR 12, HCR 15, HJM 4, HJM 8, and HJM 9 with the recommendation that they do pass. SJM 104 was referred to the Tenth Order of Business, Motions and Resolutions, and ordered held at the Secretary's HEIDER, Chairman desk for one legislative day. HCR 10, HCR 12, HCR 15, HJM 4, HJM 8, and S 1171, S 1172, S 1173, and S 1174 were referred to the HJM 9 were referred to the Tenth Order of Business, Motions Finance Committee. and Resolutions, and ordered held at the Secretary's desk for one legislative day. S 1175 was referred to the Transportation Committee. March 6, 2019 S 1176 was referred to the Judiciary and Rules Committee. The HEALTH AND WELFARE Committee reports out S 1177 and S 1178 were referred to the State Affairs HJM 7 with the recommendation that it do pass. Committee. MARTIN, Chairman March 6, 2019 HJM 7 was referred to the Tenth Order of Business, Motions The JUDICIARY AND RULES Committee reports that and Resolutions, and ordered held at the Secretary's desk for one S 1047 and S 1008 have been correctly enrolled. legislative day. LAKEY, Chairman March 6, 2019 The President signed Enrolled S 1047 and S 1008 and ordered them transmitted to the House for the signature of the The JUDICIARY AND RULES Committee reports out Speaker. H 116 with the recommendation that it do pass. March 7, 2019 LAKEY, Chairman The JUDICIARY AND RULES Committee reports that H 116 was filed for second reading. Enrolled S 1028 was delivered to the Office of the Governor at On request by Senator Winder, granted by unanimous 2:40 p.m., March 6, 2019. consent, the Senate advanced to the Ninth Order of Business. LAKEY, Chairman The report was ordered filed in the office of the Secretary of Messages from the House the Senate. March 6, 2019

March 5, 2019 Dear Madam President: The LOCAL GOVERNMENT AND TAXATION Committee reports out H 160 and H 165 with the I transmit herewith H 120, H 194, H 207, and H 209, which recommendation that they do pass. have passed the House. RICE, Chairman MAULIN, Chief Clerk H 160 and H 165 were filed for second reading. H 120, H 194, H 207, and H 209 were filed for first reading. [March 7, 2019 SENATE JOURNAL 167

March 6, 2019 Secretary, to be transmitted to the Governor informing him of the action of the Senate. Dear Madam President: The President announced that the Health and Welfare I transmit herewith Enrolled H 2, as amended in the Senate, Committee report relative to the Gubernatorial appointment of and H 89 for the signature of the President. Timothy Rarick was before the Senate for final consideration, MAULIN, Chief Clerk the question being, "Shall the report be adopted?" The President signed Enrolled H 2, as amended in the Senate, On motion by Senator Heider, seconded by Senator Souza, and H 89 and ordered them returned to the House. the Gubernatorial appointment of Timothy Rarick as a member of the State Board of Health and Welfare was confirmed by voice March 6, 2019 vote. Dear Madam President: The President declared the report adopted and directed the I return herewith Enrolled S 1026, S 1115, S 1128, S 1046, Secretary of the Senate to prepare a letter of the Gubernatorial S 1049, and S 1130, which have been signed by the Speaker. appointment confirmation for her signature, attested to by the Secretary, to be transmitted to the Governor informing him of MAULIN, Chief Clerk the action of the Senate. Enrolled S 1026, S 1115, S 1128, S 1046, S 1049, and The President announced that the Commerce and Human S 1130 were referred to the Judiciary and Rules Committee for Resources Committee report relative to the Gubernatorial transmittal to the Office of the Governor. appointment of Celia Gould was before the Senate for final consideration, the question being, "Shall the report be adopted?" The Senate advanced to the Tenth Order of Business. On motion by Senator Ward-Engelking, seconded by Motions and Resolutions Senator Guthrie, the Gubernatorial appointment of Celia Gould The President announced that the Health and Welfare as a member of the Public Employee Retirement System of Committee report relative to the Gubernatorial appointment of Idaho Board was confirmed by voice vote. Darrell Kerby was before the Senate for final consideration, the question being, "Shall the report be adopted?" The President declared the report adopted and directed the Secretary of the Senate to prepare a letter of the Gubernatorial On motion by Senator Jordan, seconded by Senator Harris, appointment confirmation for her signature, attested to by the the Gubernatorial appointment of Darrell Kerby as a member of Secretary, to be transmitted to the Governor informing him of the State Board of Health and Welfare was confirmed by voice the action of the Senate. vote. Senator Lodge was recorded present at this order of business. The President declared the report adopted and directed the Secretary of the Senate to prepare a letter of the Gubernatorial The President announced that the Commerce and Human appointment confirmation for her signature, attested to by the Resources Committee report relative to the Gubernatorial Secretary, to be transmitted to the Governor informing him of appointment of Max Black was before the Senate for final the action of the Senate. consideration, the question being, "Shall the report be adopted?" The President announced that the Health and Welfare On motion by Senator Burgoyne, seconded by Senator Bayer, Committee report relative to the Gubernatorial appointment of the Gubernatorial appointment of Max Black as a member of the James V. Giuffre was before the Senate for final consideration, State Insurance Fund Board was confirmed by voice vote. the question being, "Shall the report be adopted?" The President declared the report adopted and directed the On motion by Senator Nelson, seconded by Senator Lee, the Secretary of the Senate to prepare a letter of the Gubernatorial Gubernatorial appointment of James V. Giuffre as a member of appointment confirmation for her signature, attested to by the the State Board of Health and Welfare was confirmed by voice Secretary, to be transmitted to the Governor informing him of vote. the action of the Senate. The President declared the report adopted and directed the The President announced that the Commerce and Human Secretary of the Senate to prepare a letter of the Gubernatorial Resources Committee report relative to the Gubernatorial appointment confirmation for her signature, attested to by the appointment of Susan Buxton was before the Senate for final Secretary, to be transmitted to the Governor informing him of consideration, the question being, "Shall the report be adopted?" the action of the Senate. On motion by Senator Burgoyne, seconded by The President announced that the Health and Welfare Senator Patrick, the Gubernatorial appointment of Susan Buxton Committee report relative to the Gubernatorial appointment as the Administrator of the Division of Human Resources was of Linda Hatzenbuehler was before the Senate for final confirmed by voice vote. consideration, the question being, "Shall the report be adopted?" The President declared the report adopted and directed the On motion by Senator Harris, seconded by Senator Jordan, Secretary of the Senate to prepare a letter of the Gubernatorial the Gubernatorial appointment of Linda Hatzenbuehler as a appointment confirmation for her signature, attested to by the member of the State Board of Health and Welfare was confirmed Secretary, to be transmitted to the Governor informing him of by voice vote. the action of the Senate. The President declared the report adopted and directed the The President announced that the Commerce and Human Secretary of the Senate to prepare a letter of the Gubernatorial Resources Committee report relative to the Gubernatorial appointment confirmation for her signature, attested to by the appointment of Thomas Limbaugh was before the Senate for 168 SENATE JOURNAL March 7, 2019] final consideration, the question being, "Shall the report be Report of the Committee of the Whole adopted?" Senator Vick, Chairman of the Committee of the Whole, On motion by Senator Lee, seconded by Senator Burgoyne, reported out S 1003, S 1104, S 1110, S 1061, S 1091, S 1068, the Gubernatorial appointment of Thomas Limbaugh as a member S 1056, H 88, and H 106, without recommendation, amended of the Idaho Industrial Commission was confirmed by voice vote. as follows:

The President declared the report adopted and directed the SENATE AMENDMENT TO S 1003 Secretary of the Senate to prepare a letter of the Gubernatorial AMENDMENT TO SECTION 1 appointment confirmation for her signature, attested to by the On page 1 of the printed bill, in line 12, delete "may" and Secretary, to be transmitted to the Governor informing him of insert: "shall"; and following line 25, insert: the action of the Senate. "(d) Diversion shall only be available pursuant to this The President announced that HJM 6 was before the Senate section if the minor expresses a willingness to cooperate for final consideration, the question being, "Shall the memorial and receive specialized services. If the minor is unwilling be adopted?" to cooperate with specialized services, continuation of the diversion shall be at the discretion of the court.". On motion by Senator Burtenshaw, seconded by Senator Harris, HJM 6 was adopted by voice vote, title was SENATE AMENDMENT TO S 1104 approved, and the memorial ordered returned to the House. AMENDMENT TO SECTION 1 On page 1 of the printed bill, in line 25, following "course" The Senate advanced to the Eleventh Order of Business. insert: "or in a course at an institution of higher education".

SENATE AMENDMENT TO S 1110 Introduction, First Reading, and Reference of Bills, AMENDMENT TO THE BILL House Petitions, Resolutions, and Memorials On page 2 of the printed bill, following line 50, insert: "SECTION 3. That Section 41-1039, Idaho Code, be, and the same is hereby amended to read as follows: S 1179 BY STATE AFFAIRS COMMITTEE AN ACT 41-1039. LICENSE REQUIRED. (1) No person shall RELATING TO ALCOHOL; AMENDING SECTION 23-944, hold himself out to be a bail agent or sell, solicit, negotiate, advise IDAHO CODE, TO REVISE PROVISIONS REGARDING or consult regarding the terms of bail bond contracts in this state EXCEPTIONS TO CERTAIN AGE RESTRICTIONS. unless that person is licensed as a producer in the line of surety insurance. The director is vested with the exclusive authority to S 1179 was introduced, read the first time at length, and license bail agents and the authority to regulate the solicitation, referred to the Judiciary and Rules Committee for printing. negotiation and transaction of bail with retail consumers of bail bonds, provided however, that a court retains the authority to H 120 and H 194, by Education Committee, were introduced, refuse to accept bail bonds from a surety or a bail agent pursuant read the first time at length, and referred to the Education to its inherent authority, pursuant to Idaho Code, or as provided Committee. by supreme court rules, guidelines or appellate decisions. (2) A bail agent is authorized to execute and countersign H 207, by Ways and Means Committee, was introduced, undertakings of bail, including bail bonds, in connection with any read the first time at length, and referred to the Resources and judicial proceedings in each of the judicial districts of the state. Environment Committee. Any sheriff or clerk of the district court shall accept bail bonds H 209, by Ways and Means Committee, was introduced, read only from a bail agent, unless otherwise ordered by the court the first time at length, and referred to the Judiciary and Rules pursuant to subsection (1) of this section. Committee. (3) In addition to the authority to revoke, suspend or refuse to issue a bail agent's license pursuant to section 41-1016, Idaho The Senate advanced to the Twelfth Order of Business. Code, the director shall suspend a license for a period not to exceed six (6) months, after mailing notice to the last known address of the bail agent but prior to a hearing, if such bail agent: Second Reading of Bills (a) Has been convicted or has entered a guilty plea to any felony or to a misdemeanor which evidences bad moral H 182, by Health and Welfare Committee, was read the character evidencing theft, dishonesty, a lack of integrity second time at length and filed for third reading. and financial responsibility, or an unfitness and inability On request by Senator Winder, granted by unanimous to provide acceptable service to the consuming public consent, the Senate advanced to the Fourteenth Order of intimidation, threats, or violence; or Business. (b) Intentionally and fraudulently makes a false statement to a court in connection with a bail transaction. (4) In addition to the provisions of subsection (3) of this General Calendar section, the director may also suspend a license for a period not to exceed six (6) months, after mailing notice to the last known The President declared the Senate resolved into the address of the bail agent but prior to a hearing, for reasons set Committee of the Whole and called Senator Vick to the Chair to forth in the rules of the department.". preside during the sitting of the Committee of the Whole. CORRECTION TO TITLE Following the adjournment of the Committee of the Whole, the President called the Senate to order. [March 7, 2019 SENATE JOURNAL 169

On page 1, in line 4, delete "AND"; and in line 10, following "traveling in a lane adjacent to the a stationary police vehicle "RECORDS" insert: "; AND AMENDING SECTION 41-1039, displaying flashing lights or the , an authorized emergency vehicle IDAHO CODE, TO REVISE A PROVISION REGARDING displaying flashing lights, a stationary tow truck displaying SUSPENSION OF A LICENSE". flashing lights, or a highway incident response vehicle displaying flashing lights,"; and delete lines 28 through 30, and insert: SENATE AMENDMENT TO S 1061 "traffic conditions until completely past the stationary police AMENDMENT TO SECTION 1 vehicle, or authorized emergency vehicle, stationary tow truck, On page 2 of the printed bill, in line 15, following "year." or highway incident response vehicle.". insert: "An indefinite term supplemental levy in effect on and before July 1, 2019, shall remain in effect and may be reduced by The Committee also has S 1131 under consideration, reports a majority vote of the board of trustees during any fiscal year.". progress, and begs leave to sit again. VICK, Chairman SENATE AMENDMENT TO S 1091 AMENDMENT TO SECTION 1 On motion by Senator Vick, seconded by Senator Stennett, On page 2 of the printed bill, in line 33, delete "fourteen" the report was adopted by voice vote. and insert: "fourteen five"; and in line 34, delete "14" and insert: S 1003, as amended, S 1104, as amended, S 1110, as "145". amended, S 1061, as amended, S 1091, as amended, S 1068, as amended, and S 1056, as amended, were referred to the Judiciary SENATE AMENDMENT TO S 1068 and Rules Committee for engrossing and the amendments thereto AMENDMENT TO THE BILL were referred to the Judiciary and Rules Committee for printing. On page 2 of the printed bill, delete lines 21 through 48. On page 3, delete lines 1 through 20; and in line 21, delete H 88, as amended in the Senate, and H 106, as amended "3" and insert: "2". in the Senate, were filed for first reading as amended, and the amendments thereto were referred to the Judiciary and Rules CORRECTION TO TITLE Committee for printing. On page 1, in line 6, delete "AMENDING SECTION 41-348, IDAHO CODE, TO REVISE PROVISIONS RE-"; and in line On request by Senator Winder, granted by unanimous 7, delete "GARDING PROHIBITED ACTS AND TO DEFINE consent, the Senate returned to the Thirteenth Order of Business. TERMS;". Third Reading of Bills SENATE AMENDMENT TO S 1056 On request by Senator Cheatham, granted by unanimous AMENDMENT TO SECTION 3 consent, S 1074 was referred to the Fourteenth Order of Business, On page 2 of the printed bill, in line 37, following "Code." General Calendar. insert: "No district shall commence enforcement under the provisions of this section prior to January 1, 2020. The director H 156 was read the third time at length, section by section, shall not curtail ground water diversions based on delinquent and placed before the Senate for final consideration. Senator assessments levied prior to April 1, 2019, or based on mitigation Lodge arose as sponsor of the bill and opened the debate. The plan noncompliance that occurred prior to April 1, 2019.". question being, "Shall the bill pass?" AMENDMENT TO BILL Roll call resulted as follows: On page 2, following line 37, insert: AYES–Agenbroad, Anthon, Bair, Bayer, Brackett, "SECTION 4. An emergency existing therefore, which Buckner-Webb, Burgoyne, Burtenshaw, Cheatham, Crabtree, emergency is hereby declared to exist, this act shall be in full Den Hartog, Grow, Guthrie, Harris, Heider, Hill, Johnson, force and effect on and after April 1, 2019.". Jordan, Lakey, Lee, Lent, Lodge, Martin, Mortimer, Nelson, Nye, CORRECTION TO TITLE Patrick, Rice, Souza, Stennett, Thayn, Vick, Ward-Engelking, On page 1, in line 11, following "HEARINGS" insert: "; Winder, Woodward. Total - 35. AND DECLARING AN EMERGENCY AND PROVIDING Whereupon the President declared H 156 passed, title was AN EFFECTIVE DATE". approved, and the bill ordered returned to the House. SENATE AMENDMENT TO H 88 H 157 was read the third time at length, section by section, AMENDMENT TO SECTION 1 and placed before the Senate for final consideration. Senator On page 1 of the printed bill, in line 21, delete "forty Stennett arose as sponsor of the bill and opened the debate. The percent (40%)" and insert: "thirty-nine and three-quarters percent question being, "Shall the bill pass?" (39.75%)"; also in line 21, delete "forty and"; in line 22, delete Roll call resulted as follows: "one-half percent (40.5%)" and insert: "forty percent (40%)"; in line 27, delete "fifty-nine percent (59%)" and insert: "fifty-nine AYES–Agenbroad, Anthon, Bayer, Brackett, Buckner-Webb, and one-quarter percent (59.25%)"; also in line 27, delete "and Burgoyne, Cheatham, Crabtree, Den Hartog, Guthrie, Johnson, fifty-nine"; and in line 28, delete "and one-half percent (59.5%)" Jordan, Lakey, Lee, Lodge, Nelson, Nye, Patrick, Rice, Souza, and insert: "and sixty percent (60%)". Stennett, Vick, Ward-Engelking, Winder, Woodward. Total - 25.

SENATE AMENDMENT TO H 106 NAYS–Bair, Burtenshaw, Grow, Harris, Heider, Hill, Lent, AMENDMENT TO SECTION 1 Martin, Mortimer, Thayn. Total - 10. On page 1 of the printed bill, delete lines 12 through 15, and Total - 35. insert: "lights, a stationary tow truck displaying flashing lights, or a stationary highway incident response vehicle displaying Whereupon the President declared H 157 passed, title was flashing lights, shall:"; delete lines 19 through 21, and insert: approved, and the bill ordered returned to the House. 170 SENATE JOURNAL March 7, 2019]

On request by Senator Winder, granted by unanimous SCHOOL BUS, TO ESTABLISH A CERTAIN FUND, consent, the Senate returned to the Fourth Order of Business. AND TO MAKE TECHNICAL CORRECTIONS.".

Reading of Communications SENATE AMENDMENT TO S 1074 On request by Senator Winder, granted by unanimous AMENDMENT TO SECTION 1 consent, the Senate advanced to the Fifth Order of Business. On page 1 of the printed bill, delete lines 15 through 17, and insert: "when the person is no longer committed to the county jail Petitions, Resolutions, and Memorials if the person has been released pursuant to a dismissal, bail, or any other court order of release, unless the release is a temporary On motion by Senator Winder, seconded by Senator Stennett, release from the jail solely for the purpose of receiving medical by voice vote the Senate recessed at 11:50 a.m. until the hour of care for an injury that occurred while committed in the county 4 p.m. of this day. jail. Nothing in this chapter precludes a released person from access to coverage under chapter 35, title 31, Idaho Code.". RECESS AFTERNOON SESSION VICK, Chairman The Senate reconvened at 4 p.m., pursuant to recess, On motion by Senator Vick, seconded by Senator Jordan, the President McGeachin presiding. report was adopted by voice vote. Roll call showed all members present except Senators S 1131, as amended, and S 1074, as amended, were referred Buckner-Webb, Crabtree, Den Hartog, Lent, Mortimer, Thayn, to the Judiciary and Rules Committee for engrossing and the Ward-Engelking, and Woodward, absent and excused. amendments thereto were referred to the Judiciary and Rules Prior to recess the Senate was at the Fifth Order of Business, Committee for printing. Petitions, Resolutions, and Memorials. On request by Senator Winder, granted by unanimous On request by Senator Winder, granted by unanimous consent, the Senate returned to the Sixth Order of Business. consent, the Senate advanced to the Fourteenth Order of Business. Reports of Standing Committees General Calendar Senators Buckner-Webb, Crabtree, Den Hartog, Mortimer, and Woodward were recorded present at this order of business. The President declared the Senate resolved into the Committee of the Whole and called Senator Vick to the Chair to March 7, 2019 preside during the sitting of the Committee of the Whole. The JUDICIARY AND RULES Committee reports that Following the adjournment of the Committee of the Whole, Senate amendments to S 1003, S 1104, S 1110, S 1061, S 1091, the President called the Senate to order. S 1068, S 1056, H 88, H 106, S 1131, and S 1074 have been correctly printed. Report of the Committee of the Whole LAKEY, Chairman Senator Vick, Chairman of the Committee of the Whole, reported out S 1131 and S 1074, without recommendation, The report was ordered filed in the office of the Secretary of amended as follows: the Senate. SENATE AMENDMENT TO S 1131 March 7, 2019 AMENDMENT TO SECTION 1 On page 1 of the printed bill, delete lines 17 through 22, The JUDICIARY AND RULES Committee reports that and insert: "no less than one two hundred dollars ($1200) nor S 1003, as amended, S 1104, as amended, S 1110, as amended, more than five hundred dollars ($500) for a first offense under S 1061, as amended, S 1091, as amended, S 1068, as amended, this subsection; no less than four hundred dollars ($400) for a S 1056, as amended, S 1131, as amended, and S 1074, as second offense under this subsection within five (5) years of a amended, have been correctly engrossed. prior offense under this subsection; and no less than six hundred dollars ($600) for a third offense under this subsection within LAKEY, Chairman five (5) years of two (2) prior offenses under this subsection. S 1003, as amended, S 1104, as amended, S 1110, as Notwithstanding the provisions of section 19-4705, Idaho Code, amended, S 1061, as amended, S 1091, as amended, S 1068, as the fines imposed under this subsection in excess of one hundred amended, S 1056, as amended, S 1131, as amended, and S 1074, dollars ($100) shall be paid into the school bus camera fund, as amended, were filed for first reading. which is hereby created in the state treasury. Moneys in the fund may be appropriated only for the purpose of installing cameras Senators Lent and Thayn were recorded present at this order on school buses to enforce the traffic law established in this of business. section. If no program is established for the administration of the school bus camera fund by July 1, 2024, then such funds shall March 7, 2019 be distributed pursuant to section 19-4705, Idaho Code.". The JUDICIARY AND RULES Committee reports that CORRECTION TO TITLE Enrolled S 1026, S 1115, S 1128, S 1046, S 1049, and On page 1, delete lines 2 through 4, and insert: S 1130 were delivered to the Office of the Governor at 3:20 p.m., "RELATING TO TRAFFIC ENFORCEMENT; AMENDING March 7, 2019. SECTION 49-1422, IDAHO CODE, TO PROVIDE CERTAIN PENALTIES FOR OVERTAKING A LAKEY, Chairman [March 7, 2019 SENATE JOURNAL 171

The report was ordered filed in the office of the Secretary of S 1068, as amended, by Commerce and Human Resources the Senate. Committee, was read the first time at length and filed for second reading. Senator Ward-Engelking was recorded present at this order of business. S 1056, as amended, by Resources and Environment Committee, was read the first time at length and filed for second March 7, 2019 reading. The FINANCE Committee reports out S 1171, S 1172, S 1131, as amended, by State Affairs Committee, was read S 1173, and S 1174 with the recommendation that they do pass. the first time at length and filed for second reading. BAIR, Chairman S 1074, as amended, by Health and Welfare Committee, was read the first time at length and filed for second reading. S 1171, S 1172, S 1173, and S 1174 were filed for second reading. On request by Senator Winder, granted by unanimous March 7, 2019 consent, the Senate advanced to the Thirteenth Order of Business. The TRANSPORTATION Committee reports out H 107 with Third Reading of Bills the recommendation that it be referred to the Fourteenth Order of SJR 102 was read the third time at length, section by Business for amendment. section, and placed before the Senate for final consideration. BRACKETT, Chairman Senator Lakey arose as sponsor of the resolution and opened the debate. The question being, "Shall the resolution be adopted?" There being no objection, H 107 was referred to the Fourteenth Order of Business, General Calendar. Roll call resulted as follows: March 7, 2019 AYES–Agenbroad, Anthon, Bair, Buckner-Webb, Burgoyne, Burtenshaw, Grow, Guthrie, Harris, Heider, Hill, Jordan, Lakey, The COMMERCE AND HUMAN RESOURCES Lent, Martin, Mortimer, Nelson, Nye, Patrick, Souza, Stennett, Committee reports out H 112 and S 1073 with the Ward-Engelking, Winder. Total - 23. recommendation that they do pass. NAYS–Bayer, Brackett, Cheatham, Crabtree, Den Hartog, PATRICK, Chairman Johnson, Lee, Lodge, Rice, Thayn, Vick, Woodward. Total - 12. H 112 and S 1073 were filed for second reading. Total - 35. March 7, 2019 Less than two-thirds having voted in the affirmative, the President declared that the Senate had failed to adopt The COMMERCE AND HUMAN RESOURCES SJR 102 and ordered the resolution filed in the office of the Committee reports out S 1138 with the recommendation that it Secretary of the Senate. be referred to the Fourteenth Order of Business for amendment. On request by Senator Winder, granted by unanimous PATRICK, Chairman consent, all Senate bills were placed at the head of the Third Reading Calendar, followed by House bills. There being no objection, S 1138 was referred to the Fourteenth Order of Business, General Calendar. On request by Senator Winder, granted by unanimous consent, the Senate advanced to the Fifteenth Order of Business. On request by Senator Winder, granted by unanimous consent, the Senate advanced to the Eleventh Order of Business. Miscellaneous Business Introduction, First Reading, and Reference of Bills, On motion by Senator Winder, seconded by Senator Stennett, House Petitions, Resolutions, and Memorials by voice vote, the Senate adjourned at 5:33 p.m. until the hour of H 88, as amended in the Senate, and H 106, as amended in 9:30 a.m., Friday, March 8, 2019. the Senate, by Transportation and Defense Committee, were read JANICE MCGEACHIN, President the first time at length and filed for second reading. Attest: JENNIFER NOVAK, Secretary S 1003, as amended, by Judiciary and Rules Committee, was read the first time at length and filed for second reading. S 1104, as amended, by Education Committee, was read the first time at length and filed for second reading. S 1110, as amended, by Judiciary and Rules Committee, was read the first time at length and filed for second reading. S 1061, as amended, by Education Committee, was read the first time at length and filed for second reading. S 1091, as amended, by Judiciary and Rules Committee, was read the first time at length and filed for second reading. 172 SENATE JOURNAL March 8, 2019]

SENATE JOURNAL March 7, 2019 OF THE The EDUCATION Committee reports out S 1106 with the recommendation that it be referred to the Fourteenth Order of IDAHO LEGISLATURE Business for amendment. MORTIMER, Chairman FIRST REGULAR SESSION There being no objection, S 1106 was referred to the SIXTY-FIFTH LEGISLATURE Fourteenth Order of Business, General Calendar. On request by Senator Winder, granted by unanimous consent, the Senate advanced to the Ninth Order of Business.

SIXTY-FIRST LEGISLATIVE DAY Messages from the House FRIDAY, MARCH 8, 2019 March 7, 2019 Dear Madam President: Senate Chamber I transmit herewith H 227 and H 210, which have passed the President McGeachin called the Senate to order at 9:30 a.m. House. Roll call showed all members present except Senators MAULIN, Chief Clerk Bair, Burtenshaw, Crabtree, Grow, Lee, Lodge, Patrick, Thayn, Ward-Engelking, and Woodward, absent and excused. H 227 and H 210 were filed for first reading. Prayer was offered by Chaplain Montie Ralstin. Senators Lee, Ward-Engelking, and Woodward were recorded present at this order of business. The Pledge of Allegiance was led by Makenna Moore, Page. The Senate advanced to the Tenth Order of Business. The Senate advanced to the Third Order of Business. Motions and Resolutions Reading and Correction of the Journal Senators Burtenshaw, Crabtree, Lodge, and Thayn were The JUDICIARY AND RULES Committee reports that the recorded present at this order of business. Senate Journal of the proceedings of March 7, 2019, was read and approved as corrected. The President announced that SJM 104 was before the Senate for final consideration, the question being, "Shall the LAKEY, Chairman memorial be adopted?" There being no objection, the report was adopted and ordered filed in the office of the Secretary of the Senate. On motion by Senator Brackett, seconded by Senator Stennett, SJM 104 was adopted by voice vote, title was On request by Senator Winder, granted by unanimous approved, and the memorial ordered transmitted to the House. consent, the Senate advanced to the Sixth Order of Business. On request by Senator Winder, granted by unanimous consent, the Senate advanced to the Eleventh Order of Business. Reports of Standing Committees Introduction, First Reading, and Reference of Bills, Senator Grow was recorded present at this order of business. House Petitions, Resolutions, and Memorials March 8, 2019 H 227, by Appropriations Committee, was introduced, read the first time at length, and referred to the Finance Committee. The JUDICIARY AND RULES Committee reports that SJM 105 and S 1179 have been correctly printed. H 210, by State Affairs Committee, was introduced, read the first time at length, and referred to the State Affairs Committee. LAKEY, Chairman The Senate advanced to the Twelfth Order of Business. SJM 105 was referred to the Tenth Order of Business, Motions and Resolutions, and ordered held at the Secretary's Second Reading of Bills desk for one legislative day. H 160, by State Affairs Committee, was read the second time S 1179 was referred to the State Affairs Committee. at length and filed for third reading. March 7, 2019 H 165, by Revenue and Taxation Committee, was read the The EDUCATION Committee reports out H 150 with the second time at length and filed for third reading. recommendation that it do pass. H 200, H 215, H 219, H 220, H 221, H 222, H 223, H 224, MORTIMER, Chairman and H 225, by Appropriations Committee, were read the second time at length and filed for third reading. H 150 was filed for second reading. S 1162, S 1163, S 1164, S 1165, S 1166, S 1167, S 1168, Senator Patrick was recorded present at this order of S 1169, and S 1170, by Finance Committee, were read the second business. time at length and filed for third reading. [March 8, 2019 SENATE JOURNAL 173

S 1152 and S 1153, by State Affairs Committee, were read Grow arose as sponsor of the bill and opened the debate. The the second time at length and filed for third reading. question being, "Shall the bill pass?" H 116, by Judiciary, Rules and Administration Committee, Roll call resulted as follows: was read the second time at length and filed for third reading. AYES–Agenbroad, Anthon, Bair, Bayer, Brackett, S 1171, S 1172, S 1173, and S 1174, by Finance Committee, Buckner-Webb, Burgoyne, Burtenshaw, Cheatham, Crabtree, were read the second time at length and filed for third reading. Den Hartog, Grow, Guthrie, Harris, Heider, Hill, Johnson, Jordan, Lakey, Lee, Lent, Lodge, Martin, Mortimer, Nelson, Nye, H 112, by Business Committee, was read the second time at Patrick, Rice, Souza, Stennett, Thayn, Vick, Ward-Engelking, length and filed for third reading. Winder, Woodward. Total - 35. S 1073, by Commerce and Human Resources Committee, Whereupon the President declared S 1148 passed, title was was read the second time at length and filed for third reading. approved, and the bill ordered transmitted to the House. H 88, as amended in the Senate, and H 106, as amended in S 1149 was read the third time at length, section by section, the Senate, by Transportation and Defense Committee, were read and placed before the Senate for final consideration. Senator the second time at length and filed for third reading. Crabtree arose as sponsor of the bill and opened the debate. The question being, "Shall the bill pass?" S 1003, as amended, by Judiciary and Rules Committee, was read the second time at length and filed for third reading. Roll call resulted as follows: S 1104, as amended, by Education Committee, was read the AYES–Agenbroad, Anthon, Bair, Bayer, Brackett, second time at length and filed for third reading. Buckner-Webb, Burgoyne, Burtenshaw, Cheatham, Crabtree, Den Hartog, Grow, Guthrie, Harris, Heider, Hill, Johnson, S 1110, as amended, by Judiciary and Rules Committee, was Jordan, Lakey, Lee, Lent, Lodge, Martin, Mortimer, Nelson, Nye, read the second time at length and filed for third reading. Patrick, Rice, Souza, Stennett, Thayn, Vick, Ward-Engelking, S 1061, as amended, by Education Committee, was read the Winder, Woodward. Total - 35. second time at length and filed for third reading. Whereupon the President declared S 1149 passed, title was S 1091, as amended, by Judiciary and Rules Committee, was approved, and the bill ordered transmitted to the House. read the second time at length and filed for third reading. S 1150 was read the third time at length, section by section, S 1068, as amended, by Commerce and Human Resources and placed before the Senate for final consideration. Senator Committee, was read the second time at length and filed for third Johnson arose as sponsor of the bill and opened the debate. The reading. question being, "Shall the bill pass?" S 1056, as amended, by Resources and Environment Roll call resulted as follows: Committee, was read the second time at length and filed for third AYES–Agenbroad, Anthon, Bair, Bayer, Brackett, reading. Buckner-Webb, Burgoyne, Burtenshaw, Cheatham, Crabtree, S 1131, as amended, by State Affairs Committee, was read Den Hartog, Grow, Guthrie, Harris, Heider, Hill, Johnson, the second time at length and filed for third reading. Jordan, Lakey, Lee, Lent, Lodge, Martin, Mortimer, Nelson, Nye, Patrick, Rice, Souza, Stennett, Thayn, Vick, Ward-Engelking, S 1074, as amended, by Health and Welfare Committee, was Winder, Woodward. Total - 35. read the second time at length and filed for third reading. Whereupon the President declared S 1150 passed, title was Senator Bair was recorded present at this order of business. approved, and the bill ordered transmitted to the House. The Senate advanced to the Thirteenth Order of Business. S 1146 was read the third time at length, section by section, and placed before the Senate for final consideration. Senator Lakey arose as sponsor of the bill and opened the debate. The Third Reading of Bills question being, "Shall the bill pass?" S 1147 was read the third time at length, section by section, Pursuant to Senate Rule 39(H), Senators Lee and Nye and placed before the Senate for final consideration. Senator Lee disclosed a possible conflict of interest under applicable law. 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–Agenbroad, Anthon, Bair, Bayer, Brackett, Buckner-Webb, Burgoyne, Burtenshaw, Cheatham, Crabtree, AYES–Agenbroad, Anthon, Bair, Bayer, Brackett, Den Hartog, Grow, Guthrie, Harris, Heider, Hill, Johnson, Buckner-Webb, Burgoyne, Burtenshaw, Cheatham, Crabtree, Jordan, Lakey, Lee, Lent, Lodge, Martin, Mortimer, Nelson, Nye, Den Hartog, Grow, Guthrie, Harris, Heider, Hill, Johnson, Patrick, Rice, Souza, Stennett, Thayn, Vick, Ward-Engelking, Jordan, Lakey, Lee, Lent, Lodge, Martin, Mortimer, Nelson, Nye, Winder, Woodward. Total - 35. Patrick, Rice, Souza, Stennett, Thayn, Vick, Ward-Engelking, Winder, Woodward. Total - 35. Whereupon the President declared S 1146 passed, title was approved, and the bill ordered transmitted to the House. Whereupon the President declared S 1147 passed, title was approved, and the bill ordered transmitted to the House. S 1050 was read the third time at length, section by section, and placed before the Senate for final consideration. Senator S 1148 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?" 174 SENATE JOURNAL March 8, 2019]

Roll call resulted as follows: Roll call resulted as follows: AYES–Agenbroad, Anthon, Bair, Bayer, Brackett, AYES–Agenbroad, Anthon, Bair, Bayer, Brackett, Buckner-Webb, Burgoyne, Burtenshaw, Cheatham, Crabtree, Buckner-Webb, Burgoyne, Burtenshaw, Cheatham, Crabtree, Den Hartog, Grow, Guthrie, Harris, Heider, Hill, Johnson, Den Hartog, Grow, Guthrie, Harris, Heider, Hill, Johnson, Jordan, Lakey, Lee, Lent, Lodge, Martin, Mortimer, Nelson, Nye, Jordan, Lakey, Lee, Lent, Lodge, Martin, Mortimer, Nelson, Nye, Patrick, Rice, Souza, Stennett, Thayn, Vick, Ward-Engelking, Patrick, Rice, Souza, Stennett, Thayn, Vick, Ward-Engelking, Winder, Woodward. Total - 35. Winder, Woodward. Total - 35. Whereupon the President declared S 1050 passed, title was Whereupon the President declared S 1157 passed, title was approved, and the bill ordered transmitted to the House. approved, and the bill ordered transmitted to the House. S 1087 was read the third time at length, section by section, S 1158 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 Agenbroad 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–Agenbroad, Anthon, Bair, Bayer, Brackett, Buckner-Webb, Burgoyne, Burtenshaw, Cheatham, Crabtree, AYES–Agenbroad, Anthon, Bair, Bayer, Brackett, Den Hartog, Grow, Guthrie, Harris, Heider, Hill, Johnson, Buckner-Webb, Burgoyne, Burtenshaw, Cheatham, Crabtree, Jordan, Lakey, Lee, Lent, Lodge, Martin, Mortimer, Nelson, Nye, Den Hartog, Grow, Heider, Hill, Johnson, Jordan, Lakey, Lee, Patrick, Rice, Souza, Stennett, Thayn, Vick, Ward-Engelking, Lodge, Martin, Nelson, Nye, Patrick, Rice, Souza, Stennett, Winder, Woodward. Total - 35. Thayn, Ward-Engelking, Winder, Woodward. Total - 30. Whereupon the President declared S 1087 passed, title was NAYS–Guthrie, Harris, Lent, Mortimer, Vick. Total - 5. approved, and the bill ordered transmitted to the House. Total - 35. S 1155 was read the third time at length, section by section, and placed before the Senate for final consideration. Senator Whereupon the President declared S 1158 passed, title was Ward-Engelking arose as sponsor of the bill and opened the approved, and the bill ordered transmitted to the House. debate. The question being, "Shall the bill pass?" H 134 was read the third time at length, section by section, Roll call resulted as follows: and placed before the Senate for final consideration. Senator Lodge arose as sponsor of the bill and opened the debate. The AYES–Agenbroad, Anthon, Bair, Bayer, Brackett, question being, "Shall the bill pass?" Buckner-Webb, Burgoyne, Burtenshaw, Crabtree, Grow, Guthrie, Heider, Hill, Johnson, Jordan, Lakey, Lee, Lent, Lodge, Martin, Roll call resulted as follows: Mortimer, Nelson, Nye, Patrick, Rice, Souza, Stennett, Thayn, Ward-Engelking, Winder, Woodward. Total - 31. AYES–Agenbroad, Anthon, Bayer, Brackett, Burgoyne, Cheatham, Crabtree, Den Hartog, Guthrie, Johnson, Jordan, NAYS–Cheatham, Den Hartog, Harris, Vick. Total - 4. Lakey, Lee, Lodge, Nelson, Nye, Patrick, Rice, Souza, Stennett, Thayn, Vick, Ward-Engelking, Winder, Woodward. Total - 25. Total - 35. NAYS–Bair, Burtenshaw, Grow, Harris, Heider, Hill, Lent, Whereupon the President declared S 1155 passed, title was Martin, Mortimer. Total - 9. approved, and the bill ordered transmitted to the House. S 1156 was read the third time at length, section by section, Absent and excused–Buckner-Webb. Total - 1. and placed before the Senate for final consideration. Senator Total - 35. Johnson arose as sponsor of the bill and opened the debate. The question being, "Shall the bill pass?" Whereupon the President declared H 134 passed, title was Roll call resulted as follows: approved, and the bill ordered returned to the House. AYES–Agenbroad, Anthon, Bair, Brackett, Buckner-Webb, On request by Senator Winder, granted by unanimous Burgoyne, Burtenshaw, Cheatham, Crabtree, Den Hartog, Grow, consent, H 155 was placed at the head of the Third Reading Guthrie, Heider, Hill, Johnson, Jordan, Lakey, Lee, Lent, Lodge, Calendar, followed by Senate bills, followed by House bills Martin, Mortimer, Nelson, Nye, Patrick, Souza, Stennett, Thayn, amended in the Senate, followed by House bills. Vick, Ward-Engelking, Winder, Woodward. Total - 32. On request by Senator Winder, granted by unanimous NAYS–Bayer, Harris, Rice. Total - 3. consent, the Senate advanced to the Fifteenth Order of Business. Total - 35. Miscellaneous Business Whereupon the President declared S 1156 passed, title was On motion by Senator Winder, seconded by Senator Stennett, approved, and the bill ordered transmitted to the House. by voice vote, the Senate adjourned at 11:11 a.m. until the hour of 10 a.m., Monday, March 11, 2019. S 1157 was read the third time at length, section by section, and placed before the Senate for final consideration. Senator JANICE MCGEACHIN, President Agenbroad arose as sponsor of the bill and opened the debate. The question being, "Shall the bill pass?" Attest: JENNIFER NOVAK, Secretary [March 11, 2019 SENATE JOURNAL 175

SENATE JOURNAL appropriated under state law, the law provides that a water user needs no approval from the federal government for the diversion OF THE and beneficial use of the water on the user's private property; and WHEREAS, the United States Congress passed the Federal Land Policy and Management Act (FLPMA), as amended, in IDAHO LEGISLATURE 1976, which explicitly recognizes and protects easements and rights existing on federal lands and recognizes under previous FIRST REGULAR SESSION laws, such as the 1866 Mining Act, to deliver water appropriated SIXTY-FIFTH LEGISLATURE under state law across federal land to private property; and WHEREAS, Congress passed an amendment to FLPMA in 1986 known as the Colorado Ditch Bill Act, which explicitly directs the Secretary of Agriculture to issue a permanent easement for a water system involving reservoirs, canals, ditches, SIXTY-FOURTH LEGISLATIVE DAY flumes, laterals, pipes, pipelines, tunnels, and other facilities MONDAY, MARCH 11, 2019 and systems, for the impoundment, storage, transportation, and distribution of water traversing federal lands within the National Forest System when: (1) the water system is used for agricultural Senate Chamber irrigation or livestock purposes; (2) the system that existed in 1976 has remained in operation; (3) any enlargement of the President McGeachin called the Senate to order at 10 a.m. system after 1976 requires separate authorization; (4) the user Roll call showed all members present except Senator Lodge, has a valid state water right; and (5) the use involves some absent and excused. private land. The water users were to supply the Forest Service with evidence of the location of easements; and Prayer was offered by Chaplain Montie Ralstin. WHEREAS, the state of Idaho has had a comprehensive method for recognizing the appropriation of waters of the The Pledge of Allegiance was led by Jakob Alt, Page. state for beneficial use under the priority doctrine since before The Senate advanced to the Third Order of Business. statehood; and WHEREAS, the State of Idaho recognized in 1984 the need Reading and Correction of the Journal to adjudicate the water rights of this state and the Legislature directed the Department of Water Resources to initiate the Snake The JUDICIARY AND RULES Committee reports that the River Basin Adjudication (SRBA), as provided by Idaho law, to Senate Journal of the proceedings of March 8, 2019, was read and facilitate the effective management of the waters of the Snake approved as corrected. River Basin and to engage in a comprehensive adjudication of LAKEY, Chairman all surface and ground water use in the basin; and WHEREAS, the United States was a party to the SRBA, is There being no objection, the report was adopted and ordered bound by the decrees of the SRBA court, and must recognize the filed in the office of the Secretary of the Senate. water rights of the Idaho water users as decreed by the SRBA court; and On request by Senator Winder, granted by unanimous WHEREAS, the SRBA issued more than 167,000 water consent, the Senate advanced to the Fifth Order of Business. rights and issued its final unified decree in 2014, in which the Petitions, Resolutions, and Memorials SRBA court decreed water rights with priority rights dating back, in some instances, to the 1860s; and SJM 106 WHEREAS, Congress further directed that applications BY STATE AFFAIRS COMMITTEE under the Colorado Ditch Bill Act by easement holders be A JOINT MEMORIAL submitted by the end of 1996 to assist the Secretary of Agriculture TO THE PRESIDENT OF THE UNITED STATES, THE in issuing permanent easements; and PRESIDENT OF THE SENATE AND THE SPEAKER OF THE WHEREAS, the Secretary of Agriculture has not issued or HOUSE OF REPRESENTATIVES OF CONGRESS, TO THE recognized many of these permanent easements, even though CONGRESSIONAL DELEGATION REPRESENTING THE the water rights have been decreed by the SRBA court and the STATE OF IDAHO IN THE CONGRESS OF THE UNITED applications have been submitted as required by Congress more STATES, TO THE SECRETARY OF AGRICULTURE, AND than 20 years ago; and TO THE SECRETARY OF THE INTERIOR. WHEREAS, certain interest groups are arguing that the We, your Memorialists, the Senate and the House of secretary must take actions harmful to the pre-FLPMA easement Representatives of the State of Idaho assembled in the First holders because the secretary has not issued the mandated Regular Session of the Sixty-fifth Idaho Legislature, do hereby easements; and respectfully represent that: WHEREAS, the vast majority of surface water rights in this WHEREAS, approximately 63% of land in the State of state were decreed with priority dates that preceded the enactment Idaho is public land controlled by the United States, primarily by of FLPMA in 1976, and those water uses are entitled to the right the Bureau of Land Management and the Forest Service, which to cross federal lands to deliver their state water rights; and makes the right to cross federal land for delivery of water rights WHEREAS, there are many Idaho water users, such as the to Idaho water users extremely important; and members of the Salmon Headwaters Conservation Association, WHEREAS, the law of the United States, since the 1866 that properly complied with the easement requirements specified Mining Act, has recognized that a water user in the arid West has by the Colorado Ditch Bill Act to have their permanent easement the right to divert water from the rivers and streams across federal recognized by the United States, but are now required to further land for use on private property for, among other purposes, expend resources on legal and administrative processes to defend mining and agriculture. When the water user has a water right 176 SENATE JOURNAL March 11, 2019] and protect their valid existing Idaho water rights and associated SCR 108 rights-of-way across federal land. BY STATE AFFAIRS COMMITTEE NOW, THEREFORE, BE IT RESOLVED by the members A CONCURRENT RESOLUTION of the First Regular Session of the Sixty-fifth Idaho Legislature, STATING FINDINGS OF THE LEGISLATURE AND the Senate and the House of Representatives concurring therein, REJECTING A CERTAIN RULE OF THE STATE TAX that we urge the President of the United States and Congress COMMISSION RELATING TO SALES AND USE TAX to take such action as necessary to require the Secretary of ADMINISTRATIVE RULES. the Interior and the Secretary of Agriculture to recognize valid easements existing pursuant to the 1866 Mining Act on lands Be It Resolved by the Legislature of the State of Idaho: under their respective administrations without requiring citizens of the United States to sue the government in order to enjoy the WHEREAS, the Legislature is vested with authority to reject benefits of such validly existing easement rights. executive agency rules under the provisions of Section 67-5291, BE IT FURTHER RESOLVED that the President and Idaho Code, in the event that the Legislature finds that the rules Congress take such action as necessary to require the Secretary are not consistent with legislative intent; and of Agriculture to recognize valid easements existing prior to WHEREAS, it is the finding of the Legislature that certain FLPMA on lands within the National Forest System without rules of the State Tax Commission relating to Sales and Use Tax requiring citizens of the United States to sue the government in Administrative Rules are not consistent with legislative intent and order to enjoy the benefits of such validly existing rights. should be rejected. BE IT FURTHER RESOLVED that in recognition that the NOW, THEREFORE, BE IT RESOLVED by the members Secretary of Agriculture has not acted on applications submitted of the First Regular Session of the Sixty-fifth Idaho Legislature, more than 20 years ago, the President and Congress are urged the Senate and the House of Representatives concurring therein, to take such action as necessary to extend the deadline for filing that IDAPA 35.01.02, Sales and Use Tax Administrative Rules, applications under FLPMA for an additional two years. Section 106., Subsection 05.b., adopted as a pending rule under BE IT FURTHER RESOLVED that the President and Docket Number 35-0102-1803, only, be, and the same is hereby Congress are urged to take such action as necessary to require rejected and declared null, void, and of no force and effect. the Secretary of Agriculture to refrain from interfering with the use of any decreed water right by attempting under any federal SCR 109 law to attach conditions on any 1866 Mining Act or FLPMA BY STATE AFFAIRS COMMITTEE easements crossing federal lands, especially in a manner that A CONCURRENT RESOLUTION restricts or conditions in any way the use of water on private STATING FINDINGS OF THE LEGISLATURE AND land as authorized by state law. REJECTING A CERTAIN RULE OF THE STATE BE IT FURTHER RESOLVED that the Secretary of the TAX COMMISSION RELATING TO INCOME TAX Senate be, and she is hereby authorized and directed to forward ADMINISTRATIVE RULES. a copy of this Memorial to the President of the United States, Be It Resolved by the Legislature of the State of Idaho: the President of the Senate and the Speaker of the House of Representatives of Congress, to the congressional delegation WHEREAS, the Legislature is vested with authority to reject representing the State of Idaho in the Congress of the United executive agency rules under the provisions of Section 67-5291, States, to the Secretary of Agriculture, and to the Secretary of Idaho Code, in the event that the Legislature finds that the rules the Interior. are not consistent with legislative intent; and WHEREAS, it is the finding of the Legislature that certain SCR 107 rules of the State Tax Commission relating to Income Tax BY STATE AFFAIRS COMMITTEE Administrative Rules are not consistent with legislative intent A CONCURRENT RESOLUTION and should be rejected. STATING FINDINGS OF THE LEGISLATURE AND NOW, THEREFORE, BE IT RESOLVED by the members REJECTING A CERTAIN RULE OF THE STATE of the First Regular Session of the Sixty-fifth Idaho Legislature, TAX COMMISSION RELATING TO PROPERTY TAX the Senate and the House of Representatives concurring therein, ADMINISTRATIVE RULES. that IDAPA 35.01.01, Income Tax Administrative Rules, Section 015., Subsection 02., adopted as a pending rule under Docket Be It Resolved by the Legislature of the State of Idaho: Number 35-0101-1801, only, be, and the same is hereby rejected WHEREAS, the Legislature is vested with authority to reject and declared null, void, and of no force and effect. executive agency rules under the provisions of Section 67-5291, SJM 106, SCR 107, SCR 108, and SCR 109 were Idaho Code, in the event that the Legislature finds that the rules introduced, read at length, and referred to the Judiciary and are not consistent with legislative intent; and Rules Committee for printing. WHEREAS, it is the finding of the Legislature that certain rules of the State Tax Commission relating to Property Tax The Senate advanced to the Sixth Order of Business. Administrative Rules are not consistent with legislative intent and should be rejected. NOW, THEREFORE, BE IT RESOLVED by the members of Reports of Standing Committees the First Regular Session of the Sixty-fifth Idaho Legislature, the March 8, 2019 Senate and the House of Representatives concurring therein, that IDAPA 35.01.03, Property Tax Administrative Rules, Sections The FINANCE Committee reports out H 227 with the 613. and 614., adopted as a pending rule under Docket Number recommendation that it do pass. 35-0103-1801, only, be, and the same are hereby rejected and declared null, void, and of no force and effect. BAIR, Chairman H 227 was filed for second reading. [March 11, 2019 SENATE JOURNAL 177

March 8, 2019 Dear Madam President: The STATE AFFAIRS Committee reports out H 124 and I have the honor to inform you that James R. Thompson S 1178 with the recommendation that they do pass. of Sandpoint, Idaho, was appointed as a member of the Idaho Transportation Board to serve a term commencing January 31, LODGE, Chairman 2019, and expiring January 31, 2025. H 124 and S 1178 were filed for second reading. 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 Eighth Order of Business. Sincerely, /s/ Brad Little Messages from the Governor Governor Senator Lodge was recorded present at this order of business. The correspondence was ordered filed in the office of the Secretary of the Senate. March 8, 2019 The Gubernatorial appointment was referred to the The Honorable Janice McGeachin Transportation Committee. President of the Senate Idaho Legislature March 8, 2019 Dear Madam President: The Honorable Janice McGeachin President of the Senate I have the honor to inform you that Russell A. Ludlow of Idaho Legislature Burley, Idaho, was appointed as a member of the Bingo-Raffle Advisory Board to serve a term commencing January 31, 2019, Dear Madam President: and expiring January 31, 2025. I have the honor to inform you that I have signed today and This appointment was made subject to confirmation by the am transmitting to the Secretary of State the following Senate Senate. Notice of appointment is hereby given. Bills, to wit: Sincerely, S 1026, S 1046, S 1049, S 1115, S 1128, and /s/ Brad Little S 1130 Governor Sincerely, /s/ Brad Little The correspondence was ordered filed in the office of the Governor of Idaho Secretary of the Senate. The correspondence was ordered filed in the office of the The Gubernatorial appointment was referred to the State Secretary of the Senate. Affairs Committee. The Senate advanced to the Ninth Order of Business. March 8, 2019

The Honorable Janice McGeachin Messages from the House President of the Senate Idaho Legislature March 8, 2019 Dear Madam President: Dear Madam President: I have the honor to inform you that Betty Coppersmith of I transmit herewith H 208, H 204, H 244, H 230, H 231, Eagle, Idaho, was appointed as a member of the Oil and Gas H 232, H 233, H 234, H 235, H 236, H 237, H 238, H 192, and Conservation Commission to serve a term commencing March 8, H 195, which have passed the House. 2019, and expiring July 1, 2020. MAULIN, Chief Clerk This appointment was made subject to confirmation by the Senate. Notice of appointment is hereby given. H 208, H 204, H 244, H 230, H 231, H 232, H 233, H 234, H 235, H 236, H 237, H 238, H 192, and H 195 were filed for Sincerely, first reading. /s/ Brad Little Governor March 8, 2019 The correspondence was ordered filed in the office of the Dear Madam President: Secretary of the Senate. I transmit herewith Enrolled H 58, H 73, H 80, H 76, H 105, The Gubernatorial appointment was referred to the H 5, H 6, H 71, H 63, H 174, H 91, H 103, H 24, H 75, and Resources and Environment Committee. H 90 for the signature of the President. March 8, 2019 MAULIN, Chief Clerk The Honorable Janice McGeachin The President signed Enrolled H 58, H 73, H 80, H 76, President of the Senate H 105, H 5, H 6, H 71, H 63, H 174, H 91, H 103, H 24, H 75, Idaho Legislature and H 90 and ordered them returned to the House. 178 SENATE JOURNAL March 11, 2019]

March 8, 2019 S 1183 BY STATE AFFAIRS COMMITTEE Dear Madam President: AN ACT RELATING TO CAMPAIGN FINANCE; AMENDING I return herewith Enrolled S 1047 and S 1008, which have SECTION 67-6602, IDAHO CODE, TO REVISE been signed by the Speaker. DEFINITIONS AND TO DEFINE TERMS; AMENDING MAULIN, Chief Clerk SECTION 67-6611, IDAHO CODE, TO REVISE THE FILING DEADLINES FOR REPORTING INDEPENDENT Enrolled S 1047 and S 1008 were referred to the Judiciary EXPENDITURES AND TO REQUIRE CERTAIN and Rules Committee for transmittal to the Office of the DISCLOSURES; AMENDING SECTION 67-6628, IDAHO Governor. CODE, TO REVISE THE FILING DEADLINES FOR REPORTING ELECTIONEERING COMMUNICATIONS, TO On request by Senator Winder, granted by unanimous REQUIRE CERTAIN DISCLOSURES, AND TO REQUIRE consent, the Senate advanced to the Eleventh Order of Business. A LEGIBLE AUTHORITY LINE IN ELECTIONEERING COMMUNICATIONS; AMENDING SECTION 67-6606, IDAHO CODE, TO PROVIDE A CORRECT CODE Introduction, First Reading, and Reference of Bills, REFERENCE; AND AMENDING SECTION 67-6621, IDAHO House Petitions, Resolutions, and Memorials CODE, TO PROVIDE A CORRECT CODE REFERENCE.

S 1184 S 1180 BY FINANCE COMMITTEE BY STATE AFFAIRS COMMITTEE AN ACT AN ACT RELATING TO THE APPROPRIATION TO THE RELATING TO PUBLIC CHARTER SCHOOLS; AMENDING DEPARTMENT OF HEALTH AND WELFARE FOR CHAPTER 52, TITLE 33, IDAHO CODE, BY THE FISCAL YEAR 2020; APPROPRIATING MONEYS TO THE ADDITION OF A NEW SECTION 33-5218, IDAHO CODE, DEPARTMENT OF HEALTH AND WELFARE FOR THE TO ESTABLISH PROVISIONS REGARDING A PUBLIC PUBLIC HEALTH SERVICES DIVISION FOR FISCAL CHARTER SCHOOL FACILITIES PROGRAM. YEAR 2020; LIMITING THE NUMBER OF AUTHORIZED FULL-TIME EQUIVALENT POSITIONS; PROVIDING FOR GENERAL FUND TRANSFERS TO THE COOPERATIVE S 1181 WELFARE FUND; DIRECTING EXPENDITURES FOR BY STATE AFFAIRS COMMITTEE TRUSTEE AND BENEFIT PAYMENTS; PROVIDING AN ACT REQUIREMENTS FOR PROGRAM INTEGRITY; RELATING TO EDUCATION; AMENDING SECTION DIRECTING THE USE OF MONEYS FOR SUICIDE 33-513, IDAHO CODE, TO ESTABLISH PROVISIONS PREVENTION AND AWARENESS; PROVIDING FOR A REGARDING THE ANNUAL EVALUATION OF A CASH TRANSFER; AND REQUIRING REPORTING. SCHOOL DISTRICT SUPERINTENDENT AND TO MAKE TECHNICAL CORRECTIONS; AND AMENDING SECTION S 1185 33-5206, IDAHO CODE, TO ESTABLISH PROVISIONS BY FINANCE COMMITTEE REGARDING THE ANNUAL EVALUATION OF THE CHIEF AN ACT ADMINISTRATOR OF A PUBLIC CHARTER SCHOOL AND RELATING TO THE APPROPRIATION TO THE TO MAKE TECHNICAL CORRECTIONS. DEPARTMENT OF HEALTH AND WELFARE FOR FISCAL YEAR 2020; APPROPRIATING MONEYS TO THE DEPARTMENT OF HEALTH AND WELFARE FOR S 1182 THE DIVISIONS OF CHILD WELFARE, SERVICES BY STATE AFFAIRS COMMITTEE FOR THE DEVELOPMENTALLY DISABLED, AND AN ACT SERVICE INTEGRATION FOR FISCAL YEAR 2020; RELATING TO THE RESIDENTIAL SOLAR ENERGY LIMITING THE NUMBER OF AUTHORIZED FULL-TIME SYSTEM DISCLOSURE ACT; AMENDING TITLE EQUIVALENT POSITIONS; PROVIDING FOR GENERAL 48, IDAHO CODE, BY THE ADDITION OF A NEW FUND TRANSFERS TO THE COOPERATIVE WELFARE CHAPTER 18, TITLE 48, IDAHO CODE, TO PROVIDE FUND; DIRECTING EXPENDITURES FOR TRUSTEE AND A SHORT TITLE, TO DEFINE TERMS, TO PROVIDE BENEFIT PAYMENTS; PROVIDING REQUIREMENTS APPLICABILITY, TO REQUIRE A DISCLOSURE FOR PROGRAM INTEGRITY; CLARIFYING THE STATEMENT IN CERTAIN INSTANCES, TO PROVIDE RESPONSIBILITY FOR THE EDUCATION OF CERTAIN FOR THE CONTENTS OF A DISCLOSURE STATEMENT, CHILDREN IN STATE CARE; DIRECTING THE USE OF TO PROVIDE THAT DISCLOSURE STATEMENTS FOR CHILD ABUSE PROTECTION TREATMENT ACT FUNDS; ANY SOLAR AGREEMENTS SHALL CONTAIN CERTAIN AND DIRECTING EXPENDITURES FOR HEAD START INFORMATION, TO PROVIDE THAT DISCLOSURE APPROPRIATIONS FROM TEMPORARY ASSISTANCE STATEMENTS FOR SYSTEM PURCHASE AGREEMENTS FOR NEEDY FAMILIES. SHALL CONTAIN CERTAIN INFORMATION, TO PROVIDE THAT DISCLOSURE STATEMENTS FOR SYSTEM S 1180, S 1181, S 1182, S 1183, S 1184, and S 1185 were LEASE AGREEMENTS SHALL CONTAIN CERTAIN introduced, read the first time at length, and referred to the INFORMATION, TO PROVIDE FOR A GOOD FAITH Judiciary and Rules Committee for printing. ESTIMATE IN CERTAIN INSTANCES, AND TO PROVIDE THAT THE ATTORNEY GENERAL AND DISTRICT COURT H 208, by Ways and Means Committee, was introduced, SHALL HAVE CERTAIN AUTHORITY. read the first time at length, and referred to the Transportation Committee. [March 11, 2019 SENATE JOURNAL 179

H 204, by State Affairs Committee, was introduced, read Whereupon the President declared S 1162 passed, title was the first time at length, and referred to the Judiciary and Rules approved, and the bill ordered transmitted to the House. Committee. S 1163 was read the third time at length, section by section, H 244, by Health and Welfare Committee, was introduced, and placed before the Senate for final consideration. Senator read the first time at length, and referred to the Health and Welfare Agenbroad arose as sponsor of the bill and opened the debate. Committee. The question being, "Shall the bill pass?" H 230, H 231, H 232, H 233, H 234, H 235, H 236, H 237, Roll call resulted as follows: and H 238, by Appropriations Committee, were introduced, read the first time at length, and referred to the Finance Committee. AYES–Agenbroad, Anthon, Bair, Bayer, Brackett, Buckner-Webb, Burgoyne, Burtenshaw, Cheatham, Crabtree, H 192, by Ways and Means Committee, was introduced, Den Hartog, Grow, Guthrie, Harris, Heider, Hill, Jordan, Lakey, read the first time at length, and referred to the Resources and Lee, Lent, Lodge, Martin, Mortimer, Nelson, Nye, Patrick, Environment Committee. Rice, Souza, Stennett, Thayn, Vick, Ward-Engelking, Winder, Woodward. Total - 34. H 195, by Education Committee, was introduced, read the first time at length, and referred to the Commerce and Human NAYS–None. Resources Committee. Absent and excused–Johnson. Total - 1. The Senate advanced to the Twelfth Order of Business. Total - 35. Second Reading of Bills Whereupon the President declared S 1163 passed, title was H 150, by Education Committee, was read the second time approved, and the bill ordered transmitted to the House. at length and filed for third reading. The Senate advanced to the Thirteenth Order of Business. S 1164 was read the third time at length, section by section, and placed before the Senate for final consideration. Senator Third Reading of Bills Burtenshaw arose as sponsor of the bill and opened the debate. The question being, "Shall the bill pass?" H 155 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), Senators Lee and Nye Winder arose as sponsor of the bill and opened the debate. The disclosed a possible conflict of interest under applicable law. question being, "Shall the bill pass?" Roll call resulted as follows: Roll call resulted as follows: AYES–Agenbroad, Anthon, Bair, Bayer, Brackett, AYES–Agenbroad, Anthon, Bair, Bayer, Brackett, Buckner-Webb, Burgoyne, Burtenshaw, Cheatham, Crabtree, Buckner-Webb, Burgoyne, Burtenshaw, Cheatham, Crabtree, Den Hartog, Grow, Guthrie, Harris, Heider, Hill, Jordan, Lakey, Den Hartog, Grow, Guthrie, Harris, Heider, Hill, Jordan, Lakey, Lee, Lent, Lodge, Martin, Mortimer, Nelson, Nye, Patrick, Lee, Lent, Lodge, Martin, Mortimer, Nelson, Nye, Patrick, Rice, Souza, Stennett, Thayn, Vick, Ward-Engelking, Winder, Rice, Souza, Stennett, Thayn, Vick, Ward-Engelking, Winder, Woodward. Total - 34. Woodward. Total - 34. NAYS–None. NAYS–None. Absent and excused–Johnson. Total - 1. Absent and excused–Johnson. Total - 1. Total - 35. Total - 35. Whereupon the President declared S 1164 passed, title was Whereupon the President declared H 155 passed, title was approved, and the bill ordered transmitted to the House. approved, and the bill ordered returned to the House.

S 1162 was read the third time at length, section by section, S 1165 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 Agenbroad arose as sponsor of the bill and opened the debate. Ward-Engelking arose as sponsor of the bill and opened the The question being, "Shall the bill pass?" debate. The question being, Roll call resulted as follows: On request by Senator Winder, granted by unanimous AYES–Agenbroad, Anthon, Bair, Bayer, Brackett, consent, S 1165 retained its place on the Third Reading Calendar. Buckner-Webb, Burgoyne, Burtenshaw, Cheatham, Crabtree, Den Hartog, Grow, Guthrie, Harris, Heider, Hill, Jordan, Lakey, Lee, Lent, Lodge, Martin, Mortimer, Nelson, Nye, Patrick, On request by Senator Winder, granted by unanimous Rice, Souza, Stennett, Thayn, Vick, Ward-Engelking, Winder, consent, the Senate returned to the Fourth Order of Business. Woodward. Total - 34. NAYS–None. Reading of Communications Absent and excused–Johnson. Total - 1. On request by Senator Winder, granted by unanimous Total - 35. consent, the Senate advanced to the Fifth Order of Business. 180 SENATE JOURNAL March 11, 2019]

Petitions, Resolutions, and Memorials There being no objection, H 118, as amended, was referred to the Fourteenth Order of Business, General Calendar. On motion by Senator Winder, seconded by Senator Stennett, by voice vote the Senate recessed at 12:12 p.m. until the hour of March 11, 2019 3:15 p.m. of this day. The RESOURCES AND ENVIRONMENT Committee RECESS reports out H 97, HCR 9, and S 1151 with the recommendation AFTERNOON SESSION that they do pass. The Senate reconvened at 3:15 p.m., pursuant to recess, HEIDER, Chairman President McGeachin presiding. H 97 and S 1151 were filed for second reading. Roll call showed all members present except Senators Burgoyne, Burtenshaw, Crabtree, Guthrie, Rice, and Stennett, HCR 9 was referred to the Tenth Order of Business, Motions absent and excused. and Resolutions, and ordered held at the Secretary's desk for one legislative day. Prior to recess the Senate was at the Fifth Order of Business, Petitions, Resolutions, and Memorials. Senators Burgoyne, Crabtree, and Stennett were recorded present at this order of business. The Senate advanced to the Sixth Order of Business. March 11, 2019 Reports of Standing Committees The RESOURCES AND ENVIRONMENT Committee March 11, 2019 reports out H 162 with the recommendation that it be referred to the Fourteenth Order of Business for amendment. The JUDICIARY AND RULES Committee reports that Enrolled S 1047 and S 1008 were delivered to the Office of the HEIDER, Chairman Governor at 1:55 p.m., March 11, 2019. There being no objection, H 162 was referred to the LAKEY, Chairman Fourteenth Order of Business, General Calendar. The report was ordered filed in the office of the Secretary of On request by Senator Winder, granted by unanimous the Senate. consent, the Senate advanced to the Tenth Order of Business. March 11, 2019 Motions and Resolutions The STATE AFFAIRS Committee reports out H 158, as The President announced that HCR 10 was before the Senate amended, and S 1179 with the recommendation that they do for final consideration, the question being, "Shall the resolution pass. be adopted?" LODGE, Chairman Pursuant to Senate Rule 39(H), Senator Anthon disclosed a possible conflict of interest under applicable law. H 158, as amended, and S 1179 were filed for second reading. On motion by Senator Bair, seconded by Senator Stennett, March 11, 2019 HCR 10 was adopted by voice vote, title was approved, and the The FINANCE Committee reports out H 230, H 231, resolution ordered returned to the House. H 232, H 233, H 234, H 235, H 236, H 237, and H 238 with The President announced that HCR 12 was before the Senate the recommendation that they do pass. for final consideration. BAIR, Chairman Moved by Senator Bair, seconded by Senator H 230, H 231, H 232, H 233, H 234, H 235, H 236, H 237, Ward-Engelking, that HCR 12 be adopted. The question being, and H 238 were filed for second reading. "Shall the resolution be adopted?" Senators Guthrie and Rice were recorded present at this order Roll call resulted as follows: of business. AYES–Agenbroad, Anthon, Bair, Bayer, Brackett, March 11, 2019 Buckner-Webb, Burgoyne, Cheatham, Crabtree, Den Hartog, Grow, Guthrie, Harris, Heider, Hill, Johnson, Jordan, Lakey, The JUDICIARY AND RULES Committee reports out Lee, Lent, Lodge, Martin, Mortimer, Nelson, Nye, Patrick, H 114, H 117, H 137, as amended, and H 181 with the Rice, Souza, Stennett, Thayn, Vick, Ward-Engelking, Winder, recommendation that they do pass. Woodward. Total - 34. LAKEY, Chairman NAYS–None. H 114, H 117, H 137, as amended, and H 181 were filed for Absent and excused–Burtenshaw. Total - 1. second reading. Total - 35. March 11, 2019 Whereupon the president declared HCR 12 adopted, title was The JUDICIARY AND RULES Committee reports out approved, and the resolution ordered returned to the House. H 118, as amended, with the recommendation that it be referred to the Fourteenth Order of Business for amendment. The President announced that HCR 15 was before the Senate for final consideration, the question being, "Shall the resolution LAKEY, Chairman be adopted?" [March 11, 2019 SENATE JOURNAL 181

On motion by Senator Stennett, seconded by CODE, RELATING TO THE EDUCATIONAL SUPPORT Senator Guthrie, HCR 15 was adopted by voice vote, title was PROGRAM; AMENDING CHAPTER 10, TITLE 33, approved, and the resolution ordered returned to the House. IDAHO CODE, BY THE ADDITION OF A NEW SECTION 33-1002, IDAHO CODE, TO PROVIDE FOR THE PUBLIC The President announced that HJM 4 was before the Senate SCHOOLS EDUCATIONAL SUPPORT PROGRAM AND for final consideration, the question being, "Shall the memorial STUDENT-BASED FOUNDATION FUNDING; AMENDING be adopted?" CHAPTER 10, TITLE 33, IDAHO CODE, BY THE Pursuant to Senate Rule 39(H), Senator Lee disclosed a ADDITION OF A NEW SECTION 33-1002A, IDAHO CODE, possible conflict of interest under applicable law. TO PROVIDE A TRANSITION TO STUDENT-BASED FUNDING, TO ESTABLISH A HOLD HARMLESS On motion by Senator Brackett, seconded by Senator Jordan, PROVISION AND PROVISIONS REGARDING ANNUAL HJM 4 was adopted by voice vote, title was approved, and the FUND INCREASES, AND TO PROVIDE A LIMITATION; memorial ordered returned to the House. AMENDING CHAPTER 10, TITLE 33, IDAHO CODE, BY AYES–Agenbroad, Anthon, Bair, Bayer, Brackett, THE ADDITION OF A NEW SECTION 33-1002B, IDAHO Buckner-Webb, Burgoyne, Cheatham, Crabtree, Den Hartog, CODE, TO PROVIDE FOR SPECIAL PROGRAMS SUPPORT; Grow, Guthrie, Harris, Heider, Hill, Johnson, Jordan, Lakey, AMENDING CHAPTER 10, TITLE 33, IDAHO CODE, BY Lee, Lent, Lodge, Martin, Mortimer, Nelson, Nye, Patrick, THE ADDITION OF A NEW SECTION 33-1002C, IDAHO Rice, Souza, Stennett, Thayn, Vick, Ward-Engelking, Winder, CODE, TO PROVIDE FOR WEIGHTS AND RULEMAKING; Woodward. Total - 34. AMENDING CHAPTER 10, TITLE 33, IDAHO CODE, BY THE ADDITION OF A NEW SECTION 33-1002D, NAYS–None. IDAHO CODE, TO ESTABLISH PROVISIONS FOR STUDENT ENROLLMENT COUNTS AND RULEMAKING; Absent and excused–Burtenshaw. Total - 1. REPEALING SECTION 33-1003, IDAHO CODE, RELATING Total - 35. TO SPECIAL APPLICATION OF THE EDUCATIONAL SUPPORT PROGRAM; AMENDING CHAPTER 10, TITLE The President announced that HJM 8 was before the Senate 33, IDAHO CODE, BY THE ADDITION OF A NEW SECTION for final consideration, the question being, "Shall the memorial 33-1003, IDAHO CODE, TO PROVIDE FOR PAYMENTS be adopted?" TO LOCAL EDUCATION AGENCIES; REPEALING SECTION 33-1003A, IDAHO CODE, RELATING TO THE On motion by Senator Thayn, seconded by Senator Brackett, CALCULATION OF AVERAGE DAILY ATTENDANCE; HJM 8 was adopted by voice vote, title was approved, and the REPEALING SECTION 33-1003C, IDAHO CODE, memorial ordered returned to the House. RELATING TO SPECIAL APPLICATION OF TECHNOLOGY The President announced that HJM 9 was before the Senate INSTRUCTION; REPEALING SECTION 33-1004, IDAHO for final consideration, the question being, "Shall the memorial CODE, RELATING TO STAFF ALLOWANCE; REPEALING be adopted?" SECTION 33-1004A, IDAHO CODE, RELATING TO THE EXPERIENCE AND EDUCATION MULTIPLIER; On motion by Senator Johnson, seconded by AMENDING SECTION 33-1004B, IDAHO CODE, AS Senator Stennett, HJM 9 was adopted by voice vote, title was AMENDED BY SECTION 5, CHAPTER 169, LAWS OF approved, and the memorial ordered returned to the House. 2018, TO REDESIGNATE THE SECTION, TO AMEND The President announced that HJM 7 was before the Senate PROVISIONS REGARDING THE CAREER LADDER, for final consideration, the question being, "Shall the memorial AND TO ESTABLISH PROVISIONS REGARDING LOCAL be adopted?" SALARY SCHEDULES; REPEALING SECTION 33-1004C, IDAHO CODE, RELATING TO BASE AND MINIMUM On motion by Senator Buckner-Webb, seconded by SALARIES, LEADERSHIP PREMIUMS, AND THE Senator Bayer, HJM 7 was adopted by voice vote, title was EDUCATION AND EXPERIENCE INDEX; AMENDING approved, and the memorial ordered returned to the House. SECTION 33-1004E, IDAHO CODE, TO REDESIGNATE THE SECTION AND TO REMOVE PROVISIONS REGARDING The President announced that SJM 105 was before the SALARY-BASED APPORTIONMENT; AMENDING Senate for final consideration, the question being, "Shall the SECTION 33-1004F, IDAHO CODE, AS AMENDED memorial be adopted?" BY SECTION 2, CHAPTER 92, LAWS OF 2017, TO On motion by Senator Heider, seconded by Senator Harris, REDESIGNATE THE SECTION, TO REVISE PROVISIONS SJM 105 was adopted by voice vote, title was approved, and the REGARDING OBLIGATIONS TO RETIREMENT AND memorial ordered transmitted to the House. SOCIAL SECURITY BENEFITS, AND TO PROVIDE CORRECT CODE REFERENCES; AMENDING SECTION The Senate advanced to the Eleventh Order of Business. 33-1004I, IDAHO CODE, AS AMENDED BY SECTION Introduction, First Reading, and Reference of Bills, 1, CHAPTER 92, LAWS OF 2017, TO REDESIGNATE House Petitions, Resolutions, and Memorials THE SECTION, TO REVISE TERMINOLOGY, AND TO REMOVE A DEFINITION; AMENDING SECTION 33-1004J, S 1186 IDAHO CODE, TO REDESIGNATE THE SECTION, TO BY STATE AFFAIRS COMMITTEE REVISE TERMINOLOGY, TO PROVIDE A CORRECT AN ACT CODE REFERENCE, TO REMOVE A DEFINITION, RELATING TO EDUCATION; AMENDING THE HEADING AND TO REQUIRE THAT CERTAIN PROVISIONS ARE FOR CHAPTER 10, TITLE 33, IDAHO CODE; AMENDING REVIEWED BY THE LEGISLATURE; AMENDING SECTION 33-1001, IDAHO CODE, TO REMOVE SECTION 33-1002B, IDAHO CODE, TO REDESIGNATE DEFINITIONS, TO REVISE DEFINITIONS, AND TO THE SECTION, TO REMOVE REFERENCES TO SUPPORT DEFINE TERMS; REPEALING SECTION 33-1002, IDAHO UNIT AND AVERAGE DAILY ATTENDANCE, TO 182 SENATE JOURNAL March 11, 2019]

PROVIDE REFERENCES TO THE FOUNDATION SECTION 33-805, IDAHO CODE, TO REVISE PROVISIONS AND STUDENT ENROLLMENT COUNTS, AND TO REGARDING THE SCHOOL EMERGENCY FUND LEVY MAKE TECHNICAL CORRECTIONS; AMENDING AND TO MAKE TECHNICAL CORRECTIONS; AMENDING SECTION 33-1002C, IDAHO CODE, TO REDESIGNATE SECTION 33-905, IDAHO CODE, TO REVISE PROVISIONS THE SECTION, TO PROVIDE FOR NIGHT SCHOOL REGARDING THE SCHOOL DISTRICT BUILDING PROGRAMS, AND TO REVISE PROVISIONS REGARDING ACCOUNT AND TO PROVIDE A CORRECT CODE SUMMER SCHOOL PROGRAMS AND JUVENILE REFERENCE; AMENDING SECTION 33-906, IDAHO CODE, DETENTION FACILITIES; AMENDING SECTION 33-1002F, TO REMOVE CODE REFERENCES; AMENDING SECTION IDAHO CODE, TO REDESIGNATE THE SECTION, TO 33-906B, IDAHO CODE, TO REVISE PROVISIONS REMOVE PROVISIONS REGARDING SUPPORT UNITS, REGARDING THE VALUE INDEX CALCULATION AND AND TO PROVIDE A CORRECT CODE REFERENCE; TO MAKE TECHNICAL CORRECTIONS; AMENDING AMENDING SECTION 33-1002E, IDAHO CODE, TO SECTION 33-1405, IDAHO CODE, TO REVISE REDESIGNATE THE SECTION; AMENDING SECTION PROVISIONS REGARDING RATES OF TUITION, TO 33-1002G, IDAHO CODE, TO REDESIGNATE THE PROVIDE CORRECT TERMINOLOGY, AND TO MAKE SECTION AND TO REMOVE A CAREER TECHNICAL TECHNICAL CORRECTIONS; AMENDING SECTION SCHOOL REQUIREMENT REGARDING SECONDARY 33-1406, IDAHO CODE, TO PROVIDE A CORRECT SUPPORT UNITS; AMENDING CHAPTER 10, TITLE CODE REFERENCE AND TO MAKE TECHNICAL 33, IDAHO CODE, BY THE ADDITION OF A NEW CORRECTIONS; AMENDING SECTION 33-1613, IDAHO SECTION 33-1005E, IDAHO CODE, TO PROVIDE FOR CODE, TO REMOVE PROVISIONS REGARDING THE THE PUBLIC SCHOOL CLASSROOM TECHNOLOGY SCHOOL SAFETY AND HEALTH REVOLVING LOAN AND PROGRAM; REPEALING SECTION 33-1009, IDAHO GRANT FUND; AMENDING SECTION 33-1619, IDAHO CODE, RELATING TO PAYMENTS FROM THE PUBLIC CODE, TO REVISE PROVISIONS REGARDING VIRTUAL SCHOOL INCOME FUND; AMENDING SECTION 33-1007A, EDUCATION PROGRAMS AND TO PROVIDE CORRECT IDAHO CODE, TO REDESIGNATE THE SECTION, TO CODE REFERENCES; AMENDING SECTION 33-1627, REVISE TERMINOLOGY, AND TO MAKE TECHNICAL IDAHO CODE, TO REVISE PROVISIONS REGARDING CORRECTIONS; AMENDING SECTION 33-1010, IDAHO THE MONEYS APPROPRIATED FOR THE MATH CODE, TO PROVIDE A CORRECT CODE REFERENCE INITIATIVE PROGRAM; AMENDING SECTION 33-2001, AND TO MAKE TECHNICAL CORRECTIONS; AMENDING IDAHO CODE, TO REVISE A DEFINITION; AMENDING SECTION 33-1005, IDAHO CODE, TO REDESIGNATE THE SECTION 33-2004, IDAHO CODE, TO REMOVE SECTION, TO REVISE TERMINOLOGY, TO REMOVE A REFERENCES TO DAILY ATTENDANCE, TO ESTABLISH REFERENCE TO AVERAGE DAILY ATTENDANCE, AND PROVISIONS REGARDING STUDENT ENROLLMENT, TO PROVIDE FOR STUDENT ENROLLMENT COUNTS; TO REVISE TERMINOLOGY, TO PROVIDE A CORRECT REPEALING SECTION 33-1017, IDAHO CODE, RELATING CODE REFERENCE, AND TO MAKE TECHNICAL TO THE SCHOOL SAFETY AND HEALTH REVOLVING CORRECTIONS; AMENDING SECTION 33-4602, IDAHO LOAN AND GRANT FUND; AMENDING SECTION CODE, TO REVISE PROVISIONS REGARDING DUAL 33-1018, IDAHO CODE, TO REMOVE REFERENCES TO CREDIT COURSES AND TO REVISE TERMINOLOGY; DISCRETIONARY FUNDING AND TO PROVIDE FOR AMENDING SECTION 33-5208, IDAHO CODE, TO REVISE PUBLIC SCHOOL STUDENT-BASED FOUNDATION PROVISIONS REGARDING PUBLIC CHARTER SCHOOL FUNDING VARIABILITY; AMENDING SECTION 33-1020, FINANCIAL SUPPORT; AMENDING SECTION 33-5210, IDAHO CODE, TO REVISE PROVISIONS REGARDING IDAHO CODE, TO REVISE TERMINOLOGY AND TO A BASE AMOUNT AND A VARIABLE AMOUNT OF REMOVE OBSOLETE LANGUAGE; AMENDING SECTION IDAHO DIGITAL LEARNING ACADEMY FUNDING 33-5214, IDAHO CODE, TO PROVIDE A CORRECT CODE TO BE DISTRIBUTED; REPEALING SECTION 33-1021, REFERENCE; AMENDING SECTION 33-5215, IDAHO IDAHO CODE, RELATING TO MATH AND SCIENCE CODE, TO REMOVE A REFERENCE TO SALARY-BASED REQUIREMENTS; AMENDING SECTION 33-1024, IDAHO APPORTIONMENT, TO REMOVE REFERENCES TO ADA, CODE, TO REVISE PROVISIONS REGARDING MONEYS AND TO ESTABLISH PROVISIONS FOR ENROLLMENT FOR CERTAIN ONLINE PORTALS; AMENDING SECTION REPORTS; AMENDING SECTION 33-5217, IDAHO 33-309, IDAHO CODE, TO REMOVE A REFERENCE TO CODE, TO PROVIDE A CORRECT CODE REFERENCE; AVERAGE DAILY ATTENDANCE AND TO PROVIDE FOR AMENDING SECTION 50-2908, IDAHO CODE, TO STUDENT ENROLLMENT COUNT; AMENDING SECTION REMOVE A CODE REFERENCE; AMENDING SECTION 33-317, IDAHO CODE, TO PROVIDE A CORRECT CODE 57-1303, IDAHO CODE, TO REMOVE A REFERENCE REFERENCE; AMENDING SECTION 33-507, IDAHO TO AVERAGE DAILY ATTENDANCE, TO ESTABLISH CODE, TO REMOVE OBSOLETE LANGUAGE; AMENDING PROVISIONS FOR AN UNWEIGHTED STUDENT SECTION 33-515, IDAHO CODE, TO REVISE PROVISIONS ENROLLMENT COUNT, AND TO MAKE TECHNICAL REGARDING RENEWABLE CONTRACTS; AMENDING CORRECTIONS; AMENDING SECTION 59-1115, IDAHO SECTION 33-522, IDAHO CODE, TO REVISE PROVISIONS CODE, TO PROVIDE A CORRECT CODE REFERENCE REGARDING A FINANCIAL EMERGENCY; AMENDING AND TO MAKE TECHNICAL CORRECTIONS; AMENDING SECTION 33-701, IDAHO CODE, TO REVISE A DATE SECTION 63-315, IDAHO CODE, TO REMOVE A CODE AND TO PROVIDE CORRECT CODE REFERENCES; REFERENCE; AMENDING SECTION 63-805, IDAHO AMENDING SECTION 33-801A, IDAHO CODE, TO CODE, TO REMOVE REFERENCES TO AVERAGE DAILY REMOVE A PROVISION REGARDING SUPPORT ATTENDANCE AND TO ESTABLISH PROVISIONS UNITS AND TO MAKE A TECHNICAL CORRECTION; REGARDING STUDENTS ENROLLED; DECLARING AN AMENDING SECTION 33-804, IDAHO CODE, TO REVISE EMERGENCY AND PROVIDING AN EFFECTIVE DATE; QUALIFICATIONS FOR SUBMITTING A CERTAIN AND PROVIDING A SUNSET DATE. QUESTION TO ELECTORS OF A SCHOOL DISTRICT AND TO MAKE TECHNICAL CORRECTIONS; AMENDING [March 11, 2019 SENATE JOURNAL 183

S 1186 was introduced, read the first time at length, and Whereupon the President declared S 1167 passed, title was referred to the Judiciary and Rules Committee for printing. approved, and the bill ordered transmitted to the House. On request by Senator Winder, granted by unanimous S 1168 was read the third time at length, section by section, consent, the Senate advanced to the Thirteenth Order of Business. and placed before the Senate for final consideration. Senator Johnson arose as sponsor of the bill and opened the debate. The Third Reading of Bills question being, "Shall the bill pass?" S 1165, having been held, having previously been read Roll call resulted as follows: the third time at length and debate having previously been opened, was before the Senate for final consideration. President AYES–Agenbroad, Anthon, Bair, Bayer, Brackett, McGeachin recognized Senator Ward-Engelking to continue Buckner-Webb, Burgoyne, Cheatham, Crabtree, Den Hartog, open debate. Grow, Guthrie, Harris, Heider, Hill, Johnson, Jordan, Lakey, Lee, Lent, Lodge, Martin, Mortimer, Nelson, Nye, Patrick, Roll call resulted as follows: Rice, Souza, Stennett, Thayn, Vick, Ward-Engelking, Winder, AYES–Agenbroad, Anthon, Bair, Bayer, Brackett, Woodward. Total - 34. Buckner-Webb, Burgoyne, Cheatham, Crabtree, Den Hartog, NAYS–None. Grow, Guthrie, Harris, Heider, Hill, Johnson, Jordan, Lakey, Lee, Lent, Lodge, Martin, Mortimer, Nelson, Nye, Patrick, Absent and excused–Burtenshaw. Total - 1. Rice, Souza, Stennett, Thayn, Vick, Ward-Engelking, Winder, Woodward. Total - 34. Total - 35. NAYS–None. Whereupon the President declared S 1168 passed, title was approved, and the bill ordered transmitted to the House. Absent and excused–Burtenshaw. Total - 1. S 1169 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 1165 passed, title was Johnson 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 1166 was read the third time at length, section by section, Roll call resulted as follows: and placed before the Senate for final consideration. Senator Lee AYES–Agenbroad, Anthon, Bair, Brackett, Buckner-Webb, arose as sponsor of the bill and opened the debate. The question Burgoyne, Cheatham, Crabtree, Grow, Guthrie, Harris, Heider, being, "Shall the bill pass?" Hill, Johnson, Jordan, Lakey, Lee, Lent, Lodge, Nelson, Nye, Roll call resulted as follows: Patrick, Rice, Souza, Stennett, Thayn, Ward-Engelking, Winder, Woodward. Total - 29. AYES–Agenbroad, Anthon, Bair, Bayer, Brackett, Buckner-Webb, Burgoyne, Cheatham, Crabtree, Den Hartog, NAYS–Bayer, Martin, Vick. Total - 3. Grow, Guthrie, Harris, Heider, Hill, Johnson, Jordan, Lakey, Absent and excused–Burtenshaw, Den Hartog, Mortimer. Lee, Lent, Lodge, Martin, Mortimer, Nelson, Nye, Patrick, Total - 3. Rice, Souza, Stennett, Thayn, Vick, Ward-Engelking, Winder, Woodward. Total - 34. Total - 35. NAYS–None. Whereupon the President declared S 1169 passed, title was approved, and the bill ordered transmitted to the House. Absent and excused–Burtenshaw. Total - 1. On request by Senator Vick, granted by unanimous consent, Total - 35. S 1170 retained its place on the Third Reading Calendar for one Whereupon the President declared S 1166 passed, title was legislative day. approved, and the bill ordered transmitted to the House. S 1152 was read the third time at length, section by section, S 1167 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 Anthon arose as sponsor of the bill and opened the debate. The Johnson arose as sponsor of the bill and opened the debate. The question being, "Shall the bill pass?" question being, "Shall the bill pass?" Pursuant to Senate Rule 39(H), Senator Woodward disclosed Roll call resulted as follows: a possible conflict of interest under applicable law. AYES–Agenbroad, Anthon, Bair, Bayer, Brackett, Roll call resulted as follows: Buckner-Webb, Burgoyne, Cheatham, Crabtree, Den Hartog, Grow, Guthrie, Harris, Heider, Hill, Johnson, Jordan, Lakey, AYES–Agenbroad, Anthon, Bair, Bayer, Brackett, Lee, Lent, Lodge, Martin, Mortimer, Nelson, Nye, Patrick, Buckner-Webb, Burgoyne, Cheatham, Crabtree, Den Hartog, Rice, Souza, Stennett, Thayn, Vick, Ward-Engelking, Winder, Grow, Guthrie, Harris, Heider, Hill, Johnson, Jordan, Lakey, Woodward. Total - 34. Lee, Lent, Lodge, Martin, Mortimer, Nelson, Nye, Patrick, Rice, Souza, Stennett, Thayn, Vick, Ward-Engelking, Winder, NAYS–None. Woodward. Total - 34. Absent and excused–Burtenshaw. Total - 1. NAYS–None. Total - 35. Absent and excused–Burtenshaw. Total - 1. 184 SENATE JOURNAL March 11, 2019]

Total - 35. Total - 35. Whereupon the President declared S 1152 passed, title was Whereupon the President declared S 1173 passed, title was approved, and the bill ordered transmitted to the House. approved, and the bill ordered transmitted to the House. On request by Senator Vick, granted by unanimous consent, S 1174 was read the third time at length, section by section, S 1153 retained its place on the Third Reading Calendar for one and placed before the Senate for final consideration. Senator legislative day. Agenbroad arose as sponsor of the bill and opened the debate. The question being, "Shall the bill pass?" S 1171 was read the third time at length, section by section, and placed before the Senate for final consideration. Senator Roll call resulted as follows: Agenbroad arose as sponsor of the bill and opened the debate. The question being, "Shall the bill pass?" AYES–Agenbroad, Anthon, Bair, Bayer, Brackett, Buckner-Webb, Burgoyne, Cheatham, Crabtree, Den Hartog, Roll call resulted as follows: Grow, Guthrie, Harris, Heider, Hill, Johnson, Jordan, Lakey, Lee, Lent, Lodge, Martin, Mortimer, Nelson, Nye, Patrick, AYES–Agenbroad, Anthon, Bair, Bayer, Brackett, Rice, Souza, Stennett, Thayn, Vick, Ward-Engelking, Winder, Buckner-Webb, Burgoyne, Crabtree, Grow, Guthrie, Harris, Woodward. Total - 34. Heider, Hill, Johnson, Jordan, Lakey, Lee, Lent, Lodge, Martin, Mortimer, Nelson, Nye, Patrick, Rice, Souza, Stennett, Thayn, NAYS–None. Ward-Engelking, Winder, Woodward. Total - 31. Absent and excused–Burtenshaw. Total - 1. NAYS–Cheatham, Den Hartog, Vick. Total - 3. Total - 35. Absent and excused–Burtenshaw. Total - 1. Whereupon the President declared S 1174 passed, title was Total - 35. approved, and the bill ordered transmitted to the House. Whereupon the President declared S 1171 passed, title was On request by Senator Winder, granted by unanimous approved, and the bill ordered transmitted to the House. consent, all Senate bills were placed at the head of the Third Reading Calendar, followed by House bills amended in the S 1172 was read the third time at length, section by section, Senate, followed by House bills. and placed before the Senate for final consideration. Senator Johnson arose as sponsor of the bill and opened the debate. The On request by Senator Winder, granted by unanimous question being, "Shall the bill pass?" consent, the Senate advanced to the Fifteenth Order of Business. Roll call resulted as follows: Miscellaneous Business AYES–Agenbroad, Anthon, Bair, Bayer, Brackett, On motion by Senator Winder, seconded by Senator Stennett, Buckner-Webb, Burgoyne, Cheatham, Crabtree, Den Hartog, by voice vote, the Senate adjourned at 5:30 p.m. until the hour of Grow, Guthrie, Harris, Heider, Hill, Johnson, Jordan, Lakey, 9:30 a.m., Tuesday, March 12, 2019. Lee, Lent, Lodge, Martin, Mortimer, Nelson, Nye, Patrick, Rice, Souza, Stennett, Thayn, Vick, Ward-Engelking, Winder, JANICE MCGEACHIN, President Woodward. Total - 34. Attest: JENNIFER NOVAK, Secretary NAYS–None. Absent and excused–Burtenshaw. Total - 1. Total - 35. Whereupon the President declared S 1172 passed, title was approved, and the bill ordered transmitted to the House. S 1173 was read the third time at length, section by section, and placed before the Senate for final consideration. Senator Lee arose as sponsor of the bill and opened the debate. The question being, "Shall the bill pass?" Roll call resulted as follows: AYES–Agenbroad, Anthon, Bair, Bayer, Brackett, Buckner-Webb, Burgoyne, Cheatham, Crabtree, Den Hartog, Grow, Guthrie, Harris, Heider, Hill, Johnson, Jordan, Lakey, Lee, Lent, Lodge, Martin, Mortimer, Nelson, Nye, Patrick, Rice, Souza, Stennett, Thayn, Vick, Ward-Engelking, Winder, Woodward. Total - 34. NAYS–None. Absent and excused–Burtenshaw. Total - 1. [March 12, 2019 SENATE JOURNAL 185

SENATE JOURNAL Committee recommends that said appointment be confirmed by the Senate: OF THE Jeff Weak as the Administrator of Information Technology IDAHO LEGISLATURE Services, term to continue at the pleasure of the Governor. LODGE, Chairman FIRST REGULAR SESSION SIXTY-FIFTH LEGISLATURE 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. March 11, 2019 SIXTY-FIFTH LEGISLATIVE DAY The HEALTH AND WELFARE Committee reports out TUESDAY, MARCH 12, 2019 H 180 with the recommendation that it do pass. MARTIN, Chairman Senate Chamber H 180 was filed for second reading. President McGeachin called the Senate to order at 9:30 a.m. March 11, 2019 Roll call showed all members present except Senator Johnson, absent and formally excused by the Chair; and Senator The EDUCATION Committee reports out H 93 with the Lodge, absent and excused. recommendation that it be referred to the Fourteenth Order of Business for amendment. Prayer was offered by Chaplain Montie Ralstin. MORTIMER, Chairman The Pledge of Allegiance was led by Bret Bagley, Page. There being no objection, H 93 was referred to the The Senate advanced to the Third Order of Business. Fourteenth Order of Business, General Calendar. Reading and Correction of the Journal On request by Senator Winder, granted by unanimous consent, the Senate advanced to the Eighth Order of Business. The JUDICIARY AND RULES Committee reports that the Senate Journal of the proceedings of March 11, 2019, was read Messages from the Governor and approved as corrected. March 11, 2019 LAKEY, Chairman The Honorable Janice McGeachin There being no objection, the report was adopted and ordered President of the Senate filed in the office of the Secretary of the Senate. Idaho Legislature On request by Senator Winder, granted by unanimous Dear Madam President: consent, the Senate advanced to the Sixth Order of Business. I have the honor to inform you that I have signed today and Reports of Standing Committees am transmitting to the Secretary of State the following Senate March 12, 2019 Bills, to wit: The JUDICIARY AND RULES Committee reports that S 1008 and S 1047 SJM 106, SCR 107, SCR 108, SCR 109, S 1180, S 1181, Sincerely, S 1182, S 1183, S 1184, S 1185, and S 1186 have been correctly /s/ Brad Little printed. Governor of Idaho LAKEY, Chairman The correspondence was ordered filed in the office of the SJM 106, SCR 107, SCR 108, and SCR 109 were referred Secretary of the Senate. to the Tenth Order of Business, Motions and Resolutions, and ordered held at the Secretary's desk for one legislative day. The Senate advanced to the Ninth Order of Business. S 1180 and S 1181 were referred to the Education Committee. Messages from the House S 1182 and S 1183 were referred to the State Affairs Committee. March 11, 2019 S 1184 and S 1185 were referred to the Finance Committee. Dear Madam President: S 1186 was referred to the Education Committee. I transmit herewith H 245, H 246, and H 217, which have passed the House. March 11, 2019 MAULIN, Chief Clerk The STATE AFFAIRS Committee reports it has had under consideration the Gubernatorial appointment listed below and the H 245, H 246, and H 217 were filed for first reading. 186 SENATE JOURNAL March 12, 2019]

March 11, 2019 S 1191 BY FINANCE COMMITTEE Dear Madam President: AN ACT RELATING TO THE APPROPRIATION TO THE STATE I transmit herewith Enrolled HJM 6, H 156, and H 157 for CONTROLLER FOR FISCAL YEAR 2020; APPROPRIATING the signature of the President. MONEYS TO THE STATE CONTROLLER FOR FISCAL MAULIN, Chief Clerk YEAR 2020; LIMITING THE NUMBER OF AUTHORIZED FULL-TIME EQUIVALENT POSITIONS; PROVIDING FOR The President signed Enrolled HJM 6, H 156, and H 157 and THE RECOVERY OF STATE CONTROLLER SERVICE ordered them returned to the House. COSTS TO THE INDIRECT COST RECOVERY FUND; AND PROVIDING REAPPROPRIATION AUTHORITY. On request by Senator Winder, granted by unanimous consent, the Senate advanced to the Eleventh Order of Business. S 1192 Introduction, First Reading, and Reference of Bills, BY FINANCE COMMITTEE House Petitions, Resolutions, and Memorials AN ACT RELATING TO THE APPROPRIATION TO THE DEPARTMENT OF ADMINISTRATION FOR THE BOND S 1187 PAYMENTS PROGRAM FOR FISCAL YEAR 2020; BY FINANCE COMMITTEE APPROPRIATING MONEYS TO THE DEPARTMENT AN ACT OF ADMINISTRATION FOR THE BOND PAYMENTS RELATING TO APPROPRIATIONS FROM THE IDAHO PROGRAM FOR FISCAL YEAR 2020. MILLENNIUM INCOME FUND; APPROPRIATING S 1187, S 1188, S 1189, S 1190, S 1191, and S 1192 were MONEYS TO THE STATE TREASURER FOR introduced, read the first time at length, and referred to the DISTRIBUTION TO RECOVERY IDAHO FOR FISCAL Judiciary and Rules Committee for printing. YEAR 2020; APPROPRIATING MONEYS TO THE OFFICE OF DRUG POLICY FOR FISCAL YEAR 2020; PROVIDING H 245 and H 246, by Appropriations Committee, were THAT CERTAIN UNEXPENDED AND UNENCUMBERED introduced, read the first time at length, and referred to the BALANCES OF MONEYS SHALL REVERT TO THE Finance Committee. IDAHO MILLENNIUM INCOME FUND AT THE END OF FISCAL YEAR 2020; RETAINING MONEYS IN THE IDAHO H 217, by Revenue and Taxation Committee, was MILLENNIUM INCOME FUND; AND DECLARING AN introduced, read the first time at length, and referred to the Local EMERGENCY. Government and Taxation Committee. The Senate advanced to the Twelfth Order of Business. S 1188 BY FINANCE COMMITTEE Second Reading of Bills AN ACT H 227, by Appropriations Committee, was read the second RELATING TO THE APPROPRIATION TO THE STATE time at length and filed for third reading. BOARD OF EDUCATION FOR COMMUNITY COLLEGES FOR FISCAL YEAR 2020; APPROPRIATING MONEYS TO H 124, by Transportation and Defense Committee, was read THE STATE BOARD OF EDUCATION FOR COMMUNITY the second time at length and filed for third reading. COLLEGES FOR FISCAL YEAR 2020; AND EXEMPTING THE APPROPRIATION FROM OBJECT AND PROGRAM S 1178, by State Affairs Committee, was read the second time TRANSFER LIMITATIONS. at length and filed for third reading. H 158, as amended, by Ways and Means Committee, was S 1189 read the second time at length and filed for third reading. BY FINANCE COMMITTEE AN ACT S 1179, by State Affairs Committee, was read the second time RELATING TO THE APPROPRIATION TO THE at length and filed for third reading. COMMISSION ON THE ARTS FOR FISCAL YEAR 2020; H 230, H 231, H 232, H 233, H 234, H 235, H 236, H 237, APPROPRIATING MONEYS TO THE COMMISSION ON and H 238, by Appropriations Committee, were read the second THE ARTS FOR FISCAL YEAR 2020; AND LIMITING THE time at length and filed for third reading. NUMBER OF AUTHORIZED FULL-TIME EQUIVALENT POSITIONS. H 114, H 117, and H 137, as amended, by Judiciary, Rules and Administration Committee, were read the second time at length and filed for third reading. S 1190 BY FINANCE COMMITTEE H 181, by Health and Welfare Committee, was read the AN ACT second time at length and filed for third reading. RELATING TO THE APPROPRIATION TO THE SECRETARY OF STATE FOR FISCAL YEAR 2020; H 97, by Resources and Conservation Committee, was read APPROPRIATING MONEYS TO THE SECRETARY OF the second time at length and filed for third reading. STATE FOR FISCAL YEAR 2020; AND LIMITING THE NUMBER OF AUTHORIZED FULL-TIME EQUIVALENT S 1151, by State Affairs Committee, was read the second time POSITIONS. at length and filed for third reading. [March 12, 2019 SENATE JOURNAL 187

The Senate advanced to the Thirteenth Order of Business. Senator Lee arose as sponsor of the bill and opened the debate. The question being, "Shall the bill pass?" Third Reading of Bills Roll call resulted as follows: S 1170 was read the third time at length, section by section, and placed before the Senate for final consideration. Senator AYES–Agenbroad, Anthon, Bair, Bayer, Brackett, Burtenshaw arose as sponsor of the bill and opened the debate. Buckner-Webb, Burgoyne, Cheatham, Crabtree, Den Hartog, The question being, "Shall the bill pass?" Grow, Guthrie, Harris, Heider, Jordan, Lakey, Lee, Lent, Lodge, Martin, Mortimer, Nelson, Nye, Patrick, Rice, Souza, Stennett, Roll call resulted as follows: Thayn, Vick, Woodward. Total - 30. AYES–Agenbroad, Anthon, Bair, Bayer, Brackett, NAYS–None. Buckner-Webb, Burgoyne, Burtenshaw, Cheatham, Crabtree, Den Hartog, Grow, Guthrie, Harris, Hill, Jordan, Lakey, Lee, Lent, Absent and excused–Burtenshaw, Hill, Johnson, Lodge, Martin, Mortimer, Nelson, Nye, Patrick, Rice, Souza, Ward-Engelking, Winder. Total - 5. Stennett, Thayn, Vick, Ward-Engelking, Winder, Woodward. Total - 33. Total - 35. NAYS–None. Whereupon the President declared S 1003, as amended, passed, title was approved, and the bill ordered Absent and excused–Heider, Johnson. Total - 2. transmitted to the House. Total - 35. S 1104, as amended, was read the third time at length, section by section, and placed before the Senate for final consideration. Whereupon the President declared S 1170 passed, title was Senator Anthon arose as sponsor of the bill and opened the approved, and the bill ordered transmitted to the House. debate. The question being, "Shall the bill pass?" S 1153 was read the third time at length, section by section, Roll call resulted as follows: and placed before the Senate for final consideration. Senator Harris arose as sponsor of the bill and opened the debate. The AYES–Agenbroad, Anthon, Bair, Bayer, Brackett, question being, "Shall the bill pass?" Buckner-Webb, Burgoyne, Burtenshaw, Cheatham, Crabtree, Den Hartog, Grow, Guthrie, Harris, Heider, Hill, Jordan, Lakey, Roll call resulted as follows: Lee, Lent, Lodge, Martin, Mortimer, Nelson, Nye, Patrick, AYES–Agenbroad, Anthon, Bair, Bayer, Brackett, Rice, Souza, Stennett, Thayn, Vick, Ward-Engelking, Winder. Buckner-Webb, Burgoyne, Burtenshaw, Cheatham, Crabtree, Den Total - 33. Hartog, Grow, Guthrie, Harris, Hill, Jordan, Lakey, Lee, Lent, NAYS–Woodward. Total - 1. Lodge, Martin, Mortimer, Nelson, Nye, Patrick, Rice, Souza, Stennett, Thayn, Vick, Ward-Engelking, Winder, Woodward. Absent and excused–Johnson. Total - 1. Total - 33. Total - 35. NAYS–None. Whereupon the President declared S 1104, as Absent and excused–Heider, Johnson. Total - 2. amended, passed, title was approved, and the bill ordered transmitted to the House. Total - 35. S 1110, as amended, was read the third time at length, section Whereupon the President declared S 1153 passed, title was by section, and placed before the Senate for final consideration. approved, and the bill ordered transmitted to the House. Senator Cheatham arose as sponsor of the bill and opened the S 1073 was read the third time at length, section by section, debate. The question being, "Shall the bill pass?" and placed before the Senate for final consideration. Senator Agenbroad arose as sponsor of the bill and opened the debate. Roll call resulted as follows: The question being, "Shall the bill pass?" AYES–Agenbroad, Anthon, Bair, Bayer, Brackett, Roll call resulted as follows: Buckner-Webb, Burgoyne, Burtenshaw, Cheatham, Crabtree, Den Hartog, Grow, Guthrie, Harris, Heider, Jordan, Lakey, AYES–Agenbroad, Anthon, Bair, Bayer, Brackett, Lee, Lent, Lodge, Martin, Mortimer, Nelson, Nye, Patrick, Buckner-Webb, Cheatham, Crabtree, Den Hartog, Grow, Guthrie, Rice, Souza, Stennett, Thayn, Vick, Ward-Engelking, Winder, Harris, Heider, Jordan, Lee, Lent, Lodge, Martin, Nelson, Woodward. Total - 33. Nye, Rice, Souza, Thayn, Vick, Ward-Engelking, Woodward. Total - 26. NAYS–None. NAYS–None. Absent and excused–Hill, Johnson. Total - 2. Absent and excused–Burgoyne, Burtenshaw, Hill, Johnson, Total - 35. Lakey, Mortimer, Patrick, Stennett, Winder. Total - 9. Whereupon the President declared S 1110, as Total - 35. amended, passed, title was approved, and the bill ordered transmitted to the House. Whereupon the President declared S 1073 passed, title was approved, and the bill ordered transmitted to the House. S 1061, as amended, was read the third time at length, section by section, and placed before the Senate for final consideration. S 1003, as amended, was read the third time at length, section Senator Thayn arose as sponsor of the bill and opened the debate. by section, and placed before the Senate for final consideration. The question being, "Shall the bill pass?" 188 SENATE JOURNAL March 12, 2019]

Roll call resulted as follows: Roll call resulted as follows: AYES–Agenbroad, Anthon, Bair, Brackett, Buckner-Webb, AYES–Agenbroad, Anthon, Bair, Bayer, Brackett, Burgoyne, Burtenshaw, Cheatham, Crabtree, Grow, Guthrie, Buckner-Webb, Burtenshaw, Cheatham, Crabtree, Den Hartog, Heider, Jordan, Lakey, Lee, Lent, Lodge, Martin, Mortimer, Grow, Guthrie, Harris, Heider, Hill, Jordan, Lakey, Lee, Lent, Nelson, Nye, Patrick, Rice, Souza, Stennett, Thayn, Vick, Lodge, Martin, Mortimer, Nelson, Nye, Patrick, Rice, Souza, Ward-Engelking, Winder, Woodward. Total - 30. Stennett, Thayn, Vick, Ward-Engelking, Winder, Woodward. Total - 33. NAYS–Bayer, Den Hartog, Harris. Total - 3. NAYS–Burgoyne. Total - 1. Absent and excused–Hill, Johnson. Total - 2. Absent and excused–Johnson. Total - 1. Total - 35. Whereupon the President declared S 1061, as Total - 35. amended, passed, title was approved, and the bill ordered Whereupon the President declared S 1056, as transmitted to the House. amended, passed, title was approved, and the bill ordered S 1091, as amended, was read the third time at length, section transmitted to the House. by section, and placed before the Senate for final consideration. S 1131, as amended, was read the third time at length, section Senator Anthon arose as sponsor of the bill and opened the by section, and placed before the Senate for final consideration. debate. The question being, "Shall the bill pass?" Senator Winder arose as sponsor of the bill and opened the debate. Roll call resulted as follows: The question being, "Shall the bill pass?" AYES–Agenbroad, Anthon, Bair, Bayer, Brackett, Roll call resulted as follows: Buckner-Webb, Burgoyne, Burtenshaw, Cheatham, Crabtree, AYES–Agenbroad, Anthon, Bair, Bayer, Brackett, Den Hartog, Grow, Guthrie, Harris, Heider, Hill, Jordan, Lakey, Buckner-Webb, Burgoyne, Burtenshaw, Cheatham, Crabtree, Lee, Lent, Lodge, Martin, Mortimer, Nelson, Nye, Patrick, Den Hartog, Grow, Guthrie, Harris, Heider, Hill, Johnson, Rice, Souza, Stennett, Thayn, Vick, Ward-Engelking, Winder, Jordan, Lakey, Lee, Lent, Lodge, Martin, Mortimer, Nelson, Nye, Woodward. Total - 34. Patrick, Rice, Souza, Stennett, Thayn, Vick, Ward-Engelking, NAYS–None. Winder, Woodward. Total - 35. Absent and excused–Johnson. Total - 1. Whereupon the President declared S 1131, as amended, passed, title was approved, and the bill ordered Total - 35. transmitted to the House. Whereupon the President declared S 1091, as S 1074, 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 Cheatham arose as sponsor of the bill and opened the S 1068, as amended, was read the third time at length, section debate. The question being, "Shall the bill pass?" by section, and placed before the Senate for final consideration. Roll call resulted as follows: Senator Patrick arose as sponsor of the bill and opened the debate. The question being, "Shall the bill pass?" AYES–Agenbroad, Anthon, Bair, Bayer, Brackett, Buckner-Webb, Burgoyne, Burtenshaw, Cheatham, Crabtree, Roll call resulted as follows: Den Hartog, Grow, Guthrie, Harris, Heider, Hill, Johnson, AYES–Agenbroad, Anthon, Bair, Bayer, Brackett, Jordan, Lakey, Lee, Lent, Lodge, Martin, Mortimer, Nelson, Nye, Buckner-Webb, Burgoyne, Burtenshaw, Den Hartog, Grow, Patrick, Rice, Souza, Stennett, Thayn, Vick, Ward-Engelking, Guthrie, Harris, Heider, Hill, Jordan, Lakey, Lee, Lent, Lodge, Winder, Woodward. Total - 35. Martin, Mortimer, Nelson, Nye, Patrick, Rice, Souza, Stennett, Whereupon the President declared S 1074, as Thayn, Vick, Ward-Engelking, Winder, Woodward. Total - 32. amended, passed, title was approved, and the bill ordered NAYS–Cheatham, Crabtree. Total - 2. transmitted to the House. Absent and excused–Johnson. Total - 1. H 88, as amended in the Senate, was read the third time at length, section by section, and placed before the Senate for final Total - 35. consideration. Senator Brackett arose as sponsor of the bill and opened the debate. The question being, "Shall the bill pass?" Whereupon the President declared S 1068, as amended, passed, title was approved, and the bill ordered Pursuant to Senate Rule 39(H), Senator Anthon disclosed a transmitted to the House. possible conflict of interest under applicable law. Roll call resulted as follows: S 1056, as amended, was read the third time at length, section by section, and placed before the Senate for final consideration. AYES–Agenbroad, Anthon, Brackett, Crabtree, Den Hartog, Senator Bair arose as sponsor of the bill and opened the debate. Grow, Harris, Heider, Lakey, Lee, Lodge, Martin, Patrick, Rice, The question being, "Shall the bill pass?" Vick, Winder, Woodward. Total - 17. NAYS–Bair, Bayer, Buckner-Webb, Burgoyne, Burtenshaw, Pursuant to Senate Rule 39(H), Senator Nye disclosed a Cheatham, Guthrie, Hill, Johnson, Jordan, Lent, Mortimer, possible conflict of interest under applicable law. Nelson, Nye, Souza, Stennett, Thayn, Ward-Engelking. Total - 18. [March 12, 2019 SENATE JOURNAL 189

Total - 35. H 167 and H 168 were filed for second reading. Whereupon the President declared that H 88, as amended March 12, 2019 in the Senate, had failed to pass the Senate and ordered the bill returned to the House. The COMMERCE AND HUMAN RESOURCES Committee reports out H 144 and H 177 with the On request by Senator Winder, granted by unanimous recommendation that they do pass. consent, the Senate returned to the Fourth Order of Business. PATRICK, Chairman Reading of Communications H 144 and H 177 were filed for second reading. On request by Senator Winder, granted by unanimous consent, the Senate advanced to the Fifth Order of Business. March 12, 2019 Petitions, Resolutions, and Memorials The COMMERCE AND HUMAN RESOURCES Committee reports it has had under consideration the On motion by Senator Winder, seconded by Gubernatorial appointments listed below and the Committee Senator Buckner-Webb, by voice vote the Senate recessed at recommends that said appointments be confirmed by the Senate: 12:34 p.m. until the hour of 3:15 p.m. of this day. Jani Revier as the Director of the Department of Labor, term RECESS to continue at the pleasure of the Governor. AFTERNOON SESSION Kelley Packer as the Bureau Chief of the Bureau of The Senate reconvened at 3:15 p.m., pursuant to recess, Occupational Licenses, term to continue at the pleasure of the President McGeachin presiding. Governor. Roll call showed all members present except Senators PATRICK, Chairman Brackett, Burtenshaw, Den Hartog, Grow, Lee, Lodge, and Mortimer, absent and excused. The Gubernatorial appointments were referred to the Tenth Order of Business, Motions and Resolutions, and ordered held at Prior to recess the Senate was at the Fifth Order of Business, the Secretary's desk for one legislative day. Petitions, Resolutions, and Memorials. On request by Senator Winder, granted by unanimous The Senate advanced to the Sixth Order of Business. consent, the Senate advanced to the Eighth Order of Business. Reports of Standing Committees Messages from the Governor March 12, 2019 March 12, 2019 The JUDICIARY AND RULES Committee reports that The Honorable Janice McGeachin S 1187, S 1188, S 1189, S 1190, S 1191, and S 1192 have been President of the Senate correctly printed. Idaho Legislature LAKEY, Chairman Dear Madam President: S 1187, S 1188, S 1189, S 1190, S 1191, and S 1192 were I have the honor to inform you that I have signed today and referred to the Finance Committee. am transmitting to the Secretary of State the following Senate Senators Den Hartog, Lee, and Mortimer were recorded Bill, to wit: present at this order of business. S 1028 March 12, 2019 Sincerely, The AGRICULTURAL AFFAIRS Committee reports out /s/ Brad Little H 176 with the recommendation that it do pass. Governor of Idaho GUTHRIE, Chairman The correspondence was ordered filed in the office of the Secretary of the Senate. H 176 was filed for second reading. On request by Senator Winder, granted by unanimous March 12, 2019 consent, the Senate advanced to the Tenth Order of Business. The FINANCE Committee reports out H 245, H 246, S 1184, Motions and Resolutions and S 1185 with the recommendation that they do pass. Senator Brackett was recorded present at this order of BAIR, Chairman business. H 245, H 246, S 1184, and S 1185 were filed for second The President announced that HCR 9 was before the Senate reading. for final consideration, the question being, "Shall the resolution March 12, 2019 be adopted?" The TRANSPORTATION Committee reports out H 167 and On motion by Senator Johnson, seconded by H 168 with the recommendation that they do pass. Senator Ward-Engelking, HCR 9 was adopted by voice vote, title was approved, and the resolution ordered returned to the BRACKETT, Chairman House. 190 SENATE JOURNAL March 12, 2019]

Senator Grow was recorded present at this order of business. H 186 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 Johnson arose as sponsor of the bill and opened the debate. The consent, the Senate advanced to the Thirteenth Order of Business. question being, "Shall the bill pass?" Third Reading of Bills Roll call resulted as follows: H 106, as amended in the Senate, was read the third time AYES–Agenbroad, Bair, Bayer, Brackett, Buckner-Webb, at length, section by section, and placed before the Senate for Burgoyne, Cheatham, Crabtree, Den Hartog, Grow, Guthrie, final consideration. Senator Rice arose as sponsor of the bill and Harris, Heider, Johnson, Jordan, Lakey, Lee, Lent, Lodge, opened the debate. The question being, "Shall the bill pass?" Martin, Mortimer, Nelson, Nye, Patrick, Rice, Souza, Stennett, Roll call resulted as follows: Thayn, Vick, Ward-Engelking, Winder, Woodward. Total - 32. AYES–Agenbroad, Bair, Bayer, Brackett, Buckner-Webb, NAYS–None. Burgoyne, Cheatham, Crabtree, Den Hartog, Grow, Guthrie, Absent and excused–Anthon, Burtenshaw, Hill. Total - 3. Harris, Heider, Hill, Johnson, Jordan, Lakey, Lee, Lent, Martin, Mortimer, Nelson, Nye, Patrick, Rice, Souza, Stennett, Thayn, Total - 35. Vick, Ward-Engelking, Winder, Woodward. Total - 32. Whereupon the President declared H 186 passed, title was NAYS–None. approved, and the bill ordered returned to the House. Absent and excused–Anthon, Burtenshaw, Lodge. Total - 3. H 187 was read the third time at length, section by section, and placed before the Senate for final consideration. Senator Total - 35. Ward-Engelking arose as sponsor of the bill and opened the Whereupon the President declared H 106, as amended in the debate. The question being, "Shall the bill pass?" Senate, passed, title was approved, and the bill ordered returned Roll call resulted as follows: to the House. AYES–Agenbroad, Bair, Brackett, Buckner-Webb, H 171 was read the third time at length, section by section, Burgoyne, Cheatham, Grow, Guthrie, Harris, Heider, Johnson, and placed before the Senate for final consideration. Senator Jordan, Lakey, Lee, Lent, Lodge, Martin, Mortimer, Nelson, Souza arose as sponsor of the bill and opened the debate. The Nye, Patrick, Souza, Stennett, Thayn, Ward-Engelking, Winder, question being, "Shall the bill pass?" Woodward. Total - 27. Roll call resulted as follows: NAYS–Bayer, Crabtree, Den Hartog, Rice, Vick. Total - 5. AYES–Agenbroad, Bair, Bayer, Brackett, Buckner-Webb, Absent and excused–Anthon, Burtenshaw, Hill. Total - 3. Burgoyne, Cheatham, Crabtree, Den Hartog, Grow, Guthrie, Harris, Heider, Hill, Johnson, Jordan, Lakey, Lee, Lent, Martin, Total - 35. Mortimer, Nelson, Nye, Patrick, Rice, Souza, Stennett, Thayn, Vick, Ward-Engelking, Winder, Woodward. Total - 32. Whereupon the President declared H 187 passed, title was approved, and the bill ordered returned to the House. NAYS–None. H 113 was read the third time at length, section by section, Absent and excused–Anthon, Burtenshaw, Lodge. Total - 3. and placed before the Senate for final consideration. Senator Total - 35. Burgoyne arose as sponsor of the bill and opened the debate. The question being, "Shall the bill pass?" Whereupon the President declared H 171 passed, title was approved, and the bill ordered returned to the House. Roll call resulted as follows: H 173 was read the third time at length, section by section, AYES–Agenbroad, Bair, Bayer, Brackett, Buckner-Webb, and placed before the Senate for final consideration. Senator Burgoyne, Cheatham, Crabtree, Den Hartog, Grow, Guthrie, Harris arose as sponsor of the bill and opened the debate. The Harris, Heider, Johnson, Jordan, Lakey, Lee, Lent, Lodge, question being, "Shall the bill pass?" Martin, Mortimer, Nelson, Nye, Patrick, Rice, Souza, Stennett, Thayn, Vick, Ward-Engelking, Winder, Woodward. Total - 32. Roll call resulted as follows: NAYS–None. AYES–Agenbroad, Bair, Brackett, Buckner-Webb, Burgoyne, Cheatham, Crabtree, Den Hartog, Grow, Guthrie, Absent and excused–Anthon, Burtenshaw, Hill. Total - 3. Harris, Heider, Hill, Johnson, Jordan, Lakey, Lee, Lent, Total - 35. Lodge, Martin, Mortimer, Nelson, Nye, Stennett, Thayn, Vick, Ward-Engelking, Winder, Woodward. Total - 29. Whereupon the President declared H 113 passed, title was NAYS–Bayer, Patrick, Rice, Souza. Total - 4. approved, and the bill ordered returned to the House. Absent and excused–Anthon, Burtenshaw. Total - 2. Total - 35. H 153 was read the third time at length, section by section, and placed before the Senate for final consideration. Senator Whereupon the President declared H 173 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?" [March 12, 2019 SENATE JOURNAL 191

Roll call resulted as follows: Absent and excused–Anthon, Burtenshaw. Total - 2. AYES–Agenbroad, Bair, Bayer, Brackett, Buckner-Webb, Total - 35. Burgoyne, Cheatham, Crabtree, Den Hartog, Grow, Guthrie, Harris, Heider, Hill, Johnson, Jordan, Lakey, Lee, Lent, Lodge, Whereupon the President declared H 211 passed, title was Martin, Mortimer, Nelson, Nye, Patrick, Rice, Souza, Stennett, approved, and the bill ordered returned to the House. Thayn, Vick, Ward-Engelking, Winder, Woodward. Total - 33. On request by Senator Winder, granted by unanimous NAYS–None. consent, H 212 retained its place on the Third Reading Calendar for one legislative day. Absent and excused–Anthon, Burtenshaw. Total - 2. H 213 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 153 passed, title was Crabtree arose as sponsor of the bill and opened the debate. The approved, and the bill ordered returned to the House. question being, "Shall the bill pass?" H 109 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–Agenbroad, Bair, Bayer, Brackett, Buckner-Webb, Souza arose as sponsor of the bill and opened the debate. The Burgoyne, Cheatham, Crabtree, Den Hartog, Grow, Guthrie, question being, "Shall the bill pass?" Harris, Heider, Hill, Johnson, Jordan, Lakey, Lee, Lent, Lodge, Roll call resulted as follows: Martin, Mortimer, Nelson, Nye, Patrick, Rice, Souza, Stennett, Thayn, Vick, Ward-Engelking, Winder, Woodward. Total - 33. AYES–Agenbroad, Bayer, Brackett, Buckner-Webb, Burgoyne, Cheatham, Den Hartog, Grow, Guthrie, Harris, NAYS–None. Heider, Hill, Jordan, Lakey, Lee, Lent, Lodge, Martin, Mortimer, Nelson, Nye, Patrick, Rice, Souza, Stennett, Thayn, Vick, Absent and excused–Anthon, Burtenshaw. Total - 2. Ward-Engelking, Winder, Woodward. Total - 30. Total - 35. NAYS–Bair, Crabtree, Johnson. Total - 3. Whereupon the President declared H 213 passed, title was Absent and excused–Anthon, Burtenshaw. Total - 2. approved, and the bill ordered returned to the House. Total - 35. H 214 was read the third time at length, section by section, and placed before the Senate for final consideration. Senator Whereupon the President declared H 109 passed, title was Crabtree arose as sponsor of the bill and opened the debate. The approved, and the bill ordered returned to the House. question being, "Shall the bill pass?" H 151 was read the third time at length, section by section, Roll call resulted as follows: and placed before the Senate for final consideration. Senator Guthrie arose as sponsor of the bill and opened the debate. The AYES–Agenbroad, Bair, Bayer, Brackett, Buckner-Webb, question being, "Shall the bill pass?" Burgoyne, Cheatham, Crabtree, Den Hartog, Grow, Guthrie, Harris, Heider, Hill, Johnson, Jordan, Lakey, Lee, Lent, Lodge, Roll call resulted as follows: Martin, Mortimer, Nelson, Nye, Patrick, Rice, Souza, Stennett, AYES–Agenbroad, Bair, Bayer, Brackett, Buckner-Webb, Thayn, Vick, Ward-Engelking, Winder, Woodward. Total - 33. Burgoyne, Cheatham, Den Hartog, Grow, Guthrie, Harris, Heider, Hill, Johnson, Jordan, Lakey, Lee, Lent, Lodge, Martin, NAYS–None. Mortimer, Nelson, Nye, Patrick, Rice, Souza, Stennett, Thayn, Absent and excused–Anthon, Burtenshaw. Total - 2. Vick, Ward-Engelking, Winder, Woodward. Total - 32. Total - 35. NAYS–Crabtree. Total - 1. Whereupon the President declared H 214 passed, title was Absent and excused–Anthon, Burtenshaw. Total - 2. approved, and the bill ordered returned to the House. Total - 35. H 216 was read the third time at length, section by section, Whereupon the President declared H 151 passed, title was and placed before the Senate for final consideration. Senator approved, and the bill ordered returned to the House. Crabtree arose as sponsor of the bill and opened the debate. The question being, "Shall the bill pass?" H 211 was read the third time at length, section by section, and placed before the Senate for final consideration. Senator Roll call resulted as follows: Johnson arose as sponsor of the bill and opened the debate. The question being, "Shall the bill pass?" AYES–Agenbroad, Bair, Bayer, Brackett, Buckner-Webb, Burgoyne, Cheatham, Crabtree, Den Hartog, Grow, Guthrie, Roll call resulted as follows: Harris, Heider, Hill, Johnson, Jordan, Lakey, Lee, Lent, Lodge, Martin, Mortimer, Nelson, Nye, Patrick, Rice, Souza, Stennett, AYES–Agenbroad, Bair, Bayer, Brackett, Buckner-Webb, Thayn, Vick, Ward-Engelking, Winder, Woodward. Total - 33. Burgoyne, Cheatham, Crabtree, Den Hartog, Grow, Guthrie, Harris, Heider, Hill, Johnson, Jordan, Lakey, Lee, Lent, Lodge, NAYS–None. Martin, Mortimer, Nelson, Nye, Patrick, Rice, Souza, Stennett, Thayn, Vick, Ward-Engelking, Winder, Woodward. Total - 33. Absent and excused–Anthon, Burtenshaw. Total - 2. NAYS–None. Total - 35. 192 SENATE JOURNAL March 12, 2019]

Whereupon the President declared H 216 passed, title was arose as sponsor of the bill and opened the debate. The question approved, and the bill ordered returned to the House. being, "Shall the bill pass?" H 126 was read the third time at length, section by section, Roll call resulted as follows: and placed before the Senate for final consideration. Senator Lodge arose as sponsor of the bill and opened the debate. The AYES–Agenbroad, Bair, Bayer, Brackett, Buckner-Webb, question being, "Shall the bill pass?" Burgoyne, Cheatham, Crabtree, Den Hartog, Grow, Guthrie, Harris, Heider, Hill, Johnson, Jordan, Lakey, Lee, Lent, Lodge, Roll call resulted as follows: Martin, Mortimer, Nelson, Nye, Patrick, Rice, Souza, Stennett, Thayn, Vick, Ward-Engelking, Winder, Woodward. Total - 33. AYES–Agenbroad, Bair, Bayer, Brackett, Buckner-Webb, Burgoyne, Cheatham, Crabtree, Den Hartog, Grow, Guthrie, NAYS–None. Harris, Heider, Hill, Johnson, Jordan, Lakey, Lee, Lent, Lodge, Martin, Mortimer, Nelson, Nye, Patrick, Rice, Souza, Stennett, Absent and excused–Anthon, Burtenshaw. Total - 2. Thayn, Vick, Ward-Engelking, Winder, Woodward. Total - 33. Total - 35. NAYS–None. Whereupon the President declared H 182 passed, title was Absent and excused–Anthon, Burtenshaw. Total - 2. approved, and the bill ordered returned to the House. Total - 35. On request by Senator Winder, granted by unanimous consent, all Senate bills were placed at the head of the Third Whereupon the President declared H 126 passed, title was Reading Calendar, followed by House bills. approved, and the bill ordered returned to the House. On request by Senator Winder, granted by unanimous H 84 was read the third time at length, section by section, consent, the Senate advanced to the Fifteenth Order of Business. and placed before the Senate for final consideration. Senator Burgoyne arose as sponsor of the bill and opened the debate. Miscellaneous Business The question being, "Shall the bill pass?" On motion by Senator Winder, seconded by Senator Stennett, Roll call resulted as follows: by voice vote, the Senate adjourned at 5:18 p.m. until the hour of 10 a.m., Wednesday, March 13, 2019. AYES–Agenbroad, Bair, Bayer, Brackett, Buckner-Webb, Burgoyne, Cheatham, Crabtree, Den Hartog, Grow, Guthrie, JANICE MCGEACHIN, President Harris, Heider, Hill, Johnson, Jordan, Lakey, Lee, Lent, Lodge, Martin, Mortimer, Nelson, Nye, Patrick, Rice, Souza, Stennett, Attest: JENNIFER NOVAK, Secretary Thayn, Vick, Ward-Engelking, Winder, Woodward. Total - 33. NAYS–None. Absent and excused–Anthon, Burtenshaw. Total - 2. Total - 35. Whereupon the President declared H 84 passed, title was approved, and the bill ordered returned to the House. H 94 was read the third time at length, section by section, and placed before the Senate for final consideration. Senator Woodward arose as sponsor of the bill and opened the debate. The question being, "Shall the bill pass?" Roll call resulted as follows: AYES–Agenbroad, Bair, Brackett, Buckner-Webb, Burgoyne, Cheatham, Crabtree, Grow, Guthrie, Harris, Heider, Hill, Johnson, Jordan, Lakey, Lee, Lent, Lodge, Martin, Mortimer, Nelson, Nye, Patrick, Rice, Souza, Stennett, Thayn, Vick, Ward-Engelking, Woodward. Total - 30. NAYS–Bayer, Den Hartog, Winder. Total - 3. Absent and excused–Anthon, Burtenshaw. Total - 2. Total - 35. Whereupon the President declared H 94 passed, title was approved, and the bill ordered returned to the House. H 182 was read the third time at length, section by section, and placed before the Senate for final consideration. Senator Lee [March 13, 2019 SENATE JOURNAL 193

SENATE JOURNAL H 244 was filed for second reading. The Senate advanced to the Seventh Order of Business. OF THE Reports of Special Committees IDAHO LEGISLATURE March 13, 2019 FIRST REGULAR SESSION To: Senate Judiciary and Rules Committee SIXTY-FIFTH LEGISLATURE House Judiciary, Rules, and Administration Committee Pursuant to Idaho Code Section 67-509 The Joint Publishing Committee recommends the continued endorsement of limiting the printing of the Idaho Session Laws SIXTY-SIXTH LEGISLATIVE DAY to a total of 150 copies given the accessibility and decrease in WEDNESDAY, MARCH 13, 2019 the expenditures associated with online access. The Committee also acknowledges there will be a significant decrease from the 2018 publishing price of $4,682 in legislative expenditures as the Senate Chamber state agencies will be required to cover the cost of the amount of President McGeachin called the Senate to order at 10 a.m. volumes they order. Roll call showed all members present except Senators The Joint Publishing Committee also requests that the Burtenshaw and Guthrie, absent and formally excused by the Secretary of the Senate and the Chief Clerk of the House of Chair; and Senators Lodge and Vick, absent and excused. Representatives be allotted the time to continue to process, review, and upload historic volumes to the legislative website Prayer was offered by Chaplain Montie Ralstin. during the next two legislative interims. The Pledge of Allegiance was led by Lauren Pattee, Page. The Joint Publishing Committee, /s/ Senators Lakey and Burgoyne The Senate advanced to the Third Order of Business. /s/ Representatives Dayley and Gannon Reading and Correction of the Journal /s/ Secretary Novak /s/ Chief Clerk Maulin The JUDICIARY AND RULES Committee reports that the Senate Journal of the proceedings of March 12, 2019, was read The recommendations of the Joint Publishing Committee and approved as corrected. were referred to the Judiciary and Rules Committee. LAKEY, Chairman Senator Vick was recorded present at this order of business. There being no objection, the report was adopted and ordered On request by Senator Winder, granted by unanimous filed in the office of the Secretary of the Senate. consent, the Senate advanced to the Ninth Order of Business. On request by Senator Winder, granted by unanimous Messages from the House consent, the Senate advanced to the Sixth Order of Business. March 12, 2019 Dear Madam President: Reports of Standing Committees I transmit herewith H 248, H 205, H 193, as amended, H 130, March 12, 2019 as amended, and HCR 18, which have passed the House. The LOCAL GOVERNMENT AND TAXATION Committee reports out H 164, H 184, and H 201 with the MAULIN, Chief Clerk recommendation that they do pass. H 248, H 205, H 193, as amended, H 130, as amended, and RICE, Chairman HCR 18 were filed for first reading. H 164, H 184, and H 201 were filed for second reading. March 12, 2019 March 12, 2019 Dear Madam President: The FINANCE Committee reports out S 1187, S 1188, I transmit herewith Enrolled H 134 and H 42, as amended in S 1189, S 1190, S 1191, and S 1192 with the recommendation the Senate, for the signature of the President. that they do pass. MAULIN, Chief Clerk BAIR, Chairman The President signed Enrolled H 134 and H 42, as amended S 1187, S 1188, S 1189, S 1190, S 1191, and S 1192 were in the Senate, and ordered them returned to the House. filed for second reading. The Senate advanced to the Tenth Order of Business. March 12, 2019 Motions and Resolutions The HEALTH AND WELFARE Committee reports out H 244 with the recommendation that it do pass. On request by Senator Winder, granted by unanimous consent, SJM 106, SCR 107, SCR 108, and SCR 109 retained MARTIN, Chairman their place on the calendar. 194 SENATE JOURNAL March 13, 2019]

The President announced that the State Affairs Committee REQUEST FOR PROPOSALS AND REQUIRING A REPORT; report relative to the Gubernatorial appointment of Jeff Weak AND DECLARING AN EMERGENCY. was before the Senate for final consideration, the question being, "Shall the report be adopted?" S 1195 BY STATE AFFAIRS COMMITTEE On motion by Senator Grow, seconded by Senator Nelson, AN ACT the Gubernatorial appointment of Jeff Weak as the Administrator RELATING TO COLLECTION AGENCIES; AMENDING of Information Technology Services was confirmed by voice vote. SECTION 26-2229A, IDAHO CODE, AS AMENDED IN SECTION 4 OF SENATE BILL NO. 1007, AS AMENDED, AS The President declared the report adopted and directed the ENACTED BY THE FIRST REGULAR SESSION OF THE Secretary of the Senate to prepare a letter of the Gubernatorial SIXTY-FIFTH IDAHO LEGISLATURE, TO PROVIDE FOR appointment confirmation for her signature, attested to by the ATTORNEY'S FEES AND LITIGATION COSTS IN CERTAIN Secretary, to be transmitted to the Governor informing him of INSTANCES. the action of the Senate. The President announced that the Commerce and Human S 1196 Resources Committee report relative to the Gubernatorial BY STATE AFFAIRS COMMITTEE appointment of Jani Revier was before the Senate for final AN ACT consideration, the question being, "Shall the report be adopted?" RELATING TO EDUCATION; AMENDING THE HEADING FOR CHAPTER 10, TITLE 33, IDAHO CODE; AMENDING Pursuant to Senate Rule 39(H), Senator Brackett disclosed a SECTION 33-1001, IDAHO CODE, TO REMOVE possible conflict of interest under applicable law. DEFINITIONS, TO REVISE DEFINITIONS, AND TO DEFINE TERMS; REPEALING SECTION 33-1002, IDAHO On motion by Senator Bayer, seconded by Senator Burgoyne, CODE, RELATING TO THE EDUCATIONAL SUPPORT the Gubernatorial appointment of Jani Revier as the Director of PROGRAM; AMENDING CHAPTER 10, TITLE 33, the Department of Labor was confirmed by voice vote. IDAHO CODE, BY THE ADDITION OF A NEW SECTION 33-1002, IDAHO CODE, TO PROVIDE FOR THE PUBLIC The President declared the report adopted and directed the SCHOOLS EDUCATIONAL SUPPORT PROGRAM AND Secretary of the Senate to prepare a letter of the Gubernatorial STUDENT-BASED FOUNDATION FUNDING; AMENDING appointment confirmation for her signature, attested to by the CHAPTER 10, TITLE 33, IDAHO CODE, BY THE Secretary, to be transmitted to the Governor informing him of ADDITION OF A NEW SECTION 33-1002A, IDAHO CODE, the action of the Senate. TO PROVIDE A TRANSITION TO STUDENT-BASED FUNDING, TO ESTABLISH A HOLD HARMLESS The Senate advanced to the Eleventh Order of Business. PROVISION AND PROVISIONS REGARDING ANNUAL Introduction, First Reading, and Reference of Bills, FUND INCREASES, AND TO PROVIDE A LIMITATION; House Petitions, Resolutions, and Memorials AMENDING CHAPTER 10, TITLE 33, IDAHO CODE, BY THE ADDITION OF A NEW SECTION 33-1002B, IDAHO S 1193 CODE, TO PROVIDE FOR SPECIAL PROGRAMS SUPPORT; BY FINANCE COMMITTEE AMENDING CHAPTER 10, TITLE 33, IDAHO CODE, BY AN ACT THE ADDITION OF A NEW SECTION 33-1002C, IDAHO RELATING TO THE APPROPRIATION TO THE STATE CODE, TO PROVIDE FOR WEIGHTS AND RULEMAKING; BOARD OF EDUCATION AND THE BOARD OF REGENTS AMENDING CHAPTER 10, TITLE 33, IDAHO CODE, OF THE UNIVERSITY OF IDAHO FOR SPECIAL BY THE ADDITION OF A NEW SECTION 33-1002D, PROGRAMS FOR FISCAL YEAR 2020; APPROPRIATING IDAHO CODE, TO ESTABLISH PROVISIONS FOR MONEYS TO THE STATE BOARD OF EDUCATION STUDENT ENROLLMENT COUNTS AND RULEMAKING; AND THE BOARD OF REGENTS OF THE UNIVERSITY REPEALING SECTION 33-1003, IDAHO CODE, RELATING OF IDAHO FOR SPECIAL PROGRAMS FOR FISCAL TO SPECIAL APPLICATION OF THE EDUCATIONAL YEAR 2020; LIMITING THE NUMBER OF AUTHORIZED SUPPORT PROGRAM; AMENDING CHAPTER 10, TITLE FULL-TIME EQUIVALENT POSITIONS; PROVIDING FOR A 33, IDAHO CODE, BY THE ADDITION OF A NEW SECTION CASH TRANSFER TO THE OPPORTUNITY SCHOLARSHIP 33-1003, IDAHO CODE, TO PROVIDE FOR PAYMENTS PROGRAM ACCOUNT; PROVIDING SCHOLARSHIP TO LOCAL EDUCATION AGENCIES; REPEALING AWARDS FOR FISCAL YEAR 2020; AND REQUIRING SECTION 33-1003A, IDAHO CODE, RELATING TO THE OPPORTUNITY SCHOLARSHIP PROGRAM ACCOUNT CALCULATION OF AVERAGE DAILY ATTENDANCE; REPORTING. REPEALING SECTION 33-1003C, IDAHO CODE, RELATING TO SPECIAL APPLICATION OF TECHNOLOGY S 1194 INSTRUCTION; REPEALING SECTION 33-1004, IDAHO BY FINANCE COMMITTEE CODE, RELATING TO STAFF ALLOWANCE; REPEALING AN ACT SECTION 33-1004A, IDAHO CODE, RELATING TO RELATING TO THE APPROPRIATION TO THE THE EXPERIENCE AND EDUCATION MULTIPLIER; DEPARTMENT OF ADMINISTRATION FOR FISCAL AMENDING SECTION 33-1004B, IDAHO CODE, AS YEAR 2020; APPROPRIATING MONEYS TO THE AMENDED BY SECTION 5, CHAPTER 169, LAWS OF DEPARTMENT OF ADMINISTRATION FOR FISCAL 2018, TO REDESIGNATE THE SECTION, TO AMEND YEAR 2020; LIMITING THE NUMBER OF AUTHORIZED PROVISIONS REGARDING THE CAREER LADDER, FULL-TIME EQUIVALENT POSITIONS; PROVIDING FOR AND TO ESTABLISH PROVISIONS REGARDING LOCAL A DEDICATED FUND CASH TRANSFER; DIRECTING SALARY SCHEDULES; REPEALING SECTION 33-1004C, THE STATE EMPLOYEE INSURANCE AND BENEFITS IDAHO CODE, RELATING TO BASE AND MINIMUM PLAN STRUCTURE; DIRECTING THE ISSUANCE OF A SALARIES, LEADERSHIP PREMIUMS, AND THE [March 13, 2019 SENATE JOURNAL 195

EDUCATION AND EXPERIENCE INDEX; AMENDING CODE, TO REVISE PROVISIONS REGARDING MONEYS SECTION 33-1004E, IDAHO CODE, TO REDESIGNATE THE FOR CERTAIN ONLINE PORTALS; AMENDING SECTION SECTION AND TO REMOVE PROVISIONS REGARDING 33-309, IDAHO CODE, TO REMOVE A REFERENCE TO SALARY-BASED APPORTIONMENT; AMENDING AVERAGE DAILY ATTENDANCE AND TO PROVIDE FOR SECTION 33-1004F, IDAHO CODE, AS AMENDED STUDENT ENROLLMENT COUNT; AMENDING SECTION BY SECTION 2, CHAPTER 92, LAWS OF 2017, TO 33-317, IDAHO CODE, TO PROVIDE A CORRECT CODE REDESIGNATE THE SECTION, TO REVISE PROVISIONS REFERENCE; AMENDING SECTION 33-507, IDAHO REGARDING OBLIGATIONS TO RETIREMENT AND CODE, TO REMOVE OBSOLETE LANGUAGE; AMENDING SOCIAL SECURITY BENEFITS, AND TO PROVIDE SECTION 33-515, IDAHO CODE, TO REVISE PROVISIONS CORRECT CODE REFERENCES; AMENDING SECTION REGARDING RENEWABLE CONTRACTS; AMENDING 33-1004I, IDAHO CODE, AS AMENDED BY SECTION SECTION 33-522, IDAHO CODE, TO REVISE PROVISIONS 1, CHAPTER 92, LAWS OF 2017, TO REDESIGNATE REGARDING A FINANCIAL EMERGENCY; AMENDING THE SECTION, TO REVISE TERMINOLOGY, AND TO SECTION 33-701, IDAHO CODE, TO REVISE A DATE REMOVE A DEFINITION; AMENDING SECTION 33-1004J, AND TO PROVIDE CORRECT CODE REFERENCES; IDAHO CODE, TO REDESIGNATE THE SECTION, TO AMENDING SECTION 33-801A, IDAHO CODE, TO REVISE TERMINOLOGY, TO PROVIDE A CORRECT REMOVE A PROVISION REGARDING SUPPORT CODE REFERENCE, TO REMOVE A DEFINITION, UNITS AND TO MAKE A TECHNICAL CORRECTION; AND TO REQUIRE THAT CERTAIN PROVISIONS ARE AMENDING SECTION 33-804, IDAHO CODE, TO REVISE REVIEWED BY THE LEGISLATURE; AMENDING QUALIFICATIONS FOR SUBMITTING A CERTAIN SECTION 33-1002B, IDAHO CODE, TO REDESIGNATE THE QUESTION TO ELECTORS OF A SCHOOL DISTRICT AND SECTION, TO REMOVE REFERENCES TO SUPPORT UNIT TO MAKE TECHNICAL CORRECTIONS; AMENDING AND AVERAGE DAILY ATTENDANCE, TO PROVIDE SECTION 33-805, IDAHO CODE, TO REVISE PROVISIONS REFERENCES TO THE FOUNDATION AND STUDENT REGARDING THE SCHOOL EMERGENCY FUND LEVY ENROLLMENT COUNTS, AND TO MAKE TECHNICAL AND TO MAKE TECHNICAL CORRECTIONS; AMENDING CORRECTIONS; AMENDING SECTION 33-1002C, SECTION 33-905, IDAHO CODE, TO REVISE PROVISIONS IDAHO CODE, TO REDESIGNATE THE SECTION, TO REGARDING THE SCHOOL DISTRICT BUILDING PROVIDE FOR NIGHT SCHOOL PROGRAMS, AND ACCOUNT AND TO PROVIDE A CORRECT CODE TO REVISE PROVISIONS REGARDING SUMMER REFERENCE; AMENDING SECTION 33-906, IDAHO CODE, SCHOOL PROGRAMS AND JUVENILE DETENTION TO REMOVE CODE REFERENCES; AMENDING SECTION FACILITIES; AMENDING SECTION 33-1002F, IDAHO 33-906B, IDAHO CODE, TO REVISE PROVISIONS CODE, TO REDESIGNATE THE SECTION AND TO REVISE REGARDING THE VALUE INDEX CALCULATION AND PROVISIONS REGARDING AN ALTERNATIVE SCHOOL TO MAKE TECHNICAL CORRECTIONS; AMENDING REPORT; AMENDING SECTION 33-1002E, IDAHO SECTION 33-1405, IDAHO CODE, TO REVISE CODE, TO REDESIGNATE THE SECTION; AMENDING PROVISIONS REGARDING RATES OF TUITION, TO SECTION 33-1002G, IDAHO CODE, TO REDESIGNATE PROVIDE CORRECT TERMINOLOGY, AND TO MAKE THE SECTION AND TO REMOVE A CAREER TECHNICAL TECHNICAL CORRECTIONS; AMENDING SECTION SCHOOL REQUIREMENT REGARDING SECONDARY 33-1406, IDAHO CODE, TO PROVIDE A CORRECT SUPPORT UNITS; AMENDING CHAPTER 10, TITLE CODE REFERENCE AND TO MAKE TECHNICAL 33, IDAHO CODE, BY THE ADDITION OF A NEW CORRECTIONS; AMENDING SECTION 33-1613, IDAHO SECTION 33-1005E, IDAHO CODE, TO PROVIDE FOR CODE, TO REMOVE PROVISIONS REGARDING THE THE PUBLIC SCHOOL CLASSROOM TECHNOLOGY SCHOOL SAFETY AND HEALTH REVOLVING LOAN AND PROGRAM; REPEALING SECTION 33-1009, IDAHO GRANT FUND; AMENDING SECTION 33-1619, IDAHO CODE, RELATING TO PAYMENTS FROM THE PUBLIC CODE, TO REVISE PROVISIONS REGARDING VIRTUAL SCHOOL INCOME FUND; AMENDING SECTION 33-1007A, EDUCATION PROGRAMS AND TO PROVIDE CORRECT IDAHO CODE, TO REDESIGNATE THE SECTION, TO CODE REFERENCES; AMENDING SECTION 33-1627, REVISE TERMINOLOGY, AND TO MAKE TECHNICAL IDAHO CODE, TO REVISE PROVISIONS REGARDING CORRECTIONS; AMENDING SECTION 33-1010, IDAHO THE MONEYS APPROPRIATED FOR THE MATH CODE, TO PROVIDE A CORRECT CODE REFERENCE INITIATIVE PROGRAM; AMENDING SECTION 33-2001, AND TO MAKE TECHNICAL CORRECTIONS; AMENDING IDAHO CODE, TO REVISE A DEFINITION; AMENDING SECTION 33-1005, IDAHO CODE, TO REDESIGNATE THE SECTION 33-2004, IDAHO CODE, TO REMOVE SECTION, TO REVISE TERMINOLOGY, TO REMOVE A REFERENCES TO DAILY ATTENDANCE, TO ESTABLISH REFERENCE TO AVERAGE DAILY ATTENDANCE, AND PROVISIONS REGARDING STUDENT ENROLLMENT, TO PROVIDE FOR STUDENT ENROLLMENT COUNTS; TO REVISE TERMINOLOGY, TO PROVIDE A CORRECT REPEALING SECTION 33-1017, IDAHO CODE, RELATING CODE REFERENCE, AND TO MAKE TECHNICAL TO THE SCHOOL SAFETY AND HEALTH REVOLVING CORRECTIONS; AMENDING SECTION 33-4602, IDAHO LOAN AND GRANT FUND; AMENDING SECTION CODE, TO REVISE PROVISIONS REGARDING DUAL 33-1018, IDAHO CODE, TO REMOVE REFERENCES TO CREDIT COURSES AND TO REVISE TERMINOLOGY; DISCRETIONARY FUNDING AND TO PROVIDE FOR AMENDING SECTION 33-5208, IDAHO CODE, TO REVISE PUBLIC SCHOOL STUDENT-BASED FOUNDATION PROVISIONS REGARDING PUBLIC CHARTER SCHOOL FUNDING VARIABILITY; AMENDING SECTION 33-1020, FINANCIAL SUPPORT; AMENDING SECTION 33-5210, IDAHO CODE, TO REVISE PROVISIONS REGARDING IDAHO CODE, TO REVISE TERMINOLOGY AND TO A BASE AMOUNT AND A VARIABLE AMOUNT OF REMOVE OBSOLETE LANGUAGE; AMENDING SECTION IDAHO DIGITAL LEARNING ACADEMY FUNDING 33-5214, IDAHO CODE, TO PROVIDE A CORRECT CODE TO BE DISTRIBUTED; REPEALING SECTION 33-1021, REFERENCE; AMENDING SECTION 33-5215, IDAHO IDAHO CODE, RELATING TO MATH AND SCIENCE CODE, TO REMOVE A REFERENCE TO SALARY-BASED REQUIREMENTS; AMENDING SECTION 33-1024, IDAHO APPORTIONMENT, TO REMOVE REFERENCES TO ADA, 196 SENATE JOURNAL March 13, 2019]

AND TO ESTABLISH PROVISIONS FOR ENROLLMENT Third Reading of Bills REPORTS; AMENDING SECTION 33-5217, IDAHO CODE, TO PROVIDE A CORRECT CODE REFERENCE; S 1178 was read the third time at length, section by section, AMENDING SECTION 50-2908, IDAHO CODE, TO and placed before the Senate for final consideration. Senator REMOVE A CODE REFERENCE; AMENDING SECTION Stennett arose as sponsor of the bill and opened the debate. 57-1303, IDAHO CODE, TO REMOVE A REFERENCE TO AVERAGE DAILY ATTENDANCE, TO ESTABLISH On request by Senator Stennett, granted by unanimous PROVISIONS FOR AN UNWEIGHTED STUDENT consent, S 1178 was referred to the Fourteenth Order of Business, ENROLLMENT COUNT, AND TO MAKE TECHNICAL General Calendar. CORRECTIONS; AMENDING SECTION 59-1115, IDAHO S 1179 was read the third time at length, section by section, CODE, TO PROVIDE A CORRECT CODE REFERENCE and placed before the Senate for final consideration. Senator AND TO MAKE TECHNICAL CORRECTIONS; AMENDING Stennett arose as sponsor of the bill and opened the debate. The SECTION 63-315, IDAHO CODE, TO REMOVE A CODE question being, "Shall the bill pass?" REFERENCE; AMENDING SECTION 63-805, IDAHO CODE, TO REMOVE REFERENCES TO AVERAGE DAILY Roll call resulted as follows: ATTENDANCE AND TO ESTABLISH PROVISIONS REGARDING STUDENTS ENROLLED; DECLARING AN AYES–Agenbroad, Bayer, Brackett, Buckner-Webb, EMERGENCY; PROVIDING AN EFFECTIVE DATE; AND Burgoyne, Cheatham, Crabtree, Den Hartog, Johnson, Jordan, PROVIDING A SUNSET DATE. Lakey, Lodge, Nelson, Nye, Patrick, Souza, Stennett, Vick, Ward-Engelking, Winder, Woodward. Total - 21. S 1193, S 1194, S 1195, and S 1196 were introduced, read the first time at length, and referred to the Judiciary and Rules NAYS–Anthon, Bair, Grow, Harris, Heider, Hill, Lee, Lent, Committee for printing. Martin, Mortimer, Rice, Thayn. Total - 12. H 248, by Ways and Means Committee, was introduced, read Absent and excused–Burtenshaw, Guthrie. Total - 2. the first time at length, and referred to the Commerce and Human Resources Committee. Total - 35. H 205, by State Affairs Committee, was introduced, read the Whereupon the President declared S 1179 passed, title was first time at length, and referred to the State Affairs Committee. approved, and the bill ordered transmitted to the House. H 193, as amended, by Revenue and Taxation, was S 1151 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. Brackett arose as sponsor of the bill and opened the debate. The question being, "Shall the bill pass?" H 130, as amended, by Local Government Committee, was introduced, read the first time at length, and referred to the Local Roll call resulted as follows: Government and Taxation Committee. AYES–Agenbroad, Anthon, Bair, Bayer, Brackett, HCR 18, by Education Committee, was introduced, read at Buckner-Webb, Burgoyne, Cheatham, Crabtree, Den Hartog, length, and referred to the Education Committee. Grow, Harris, Heider, Hill, Johnson, Jordan, Lakey, Lee, Lent, Senator Lodge was recorded present at this order of business. Lodge, Martin, Mortimer, Nelson, Nye, Patrick, Rice, Souza, Stennett, Thayn, Vick, Ward-Engelking, Winder, Woodward. The Senate advanced to the Twelfth Order of Business. Total - 33. NAYS–None. Second Reading of Bills Absent and excused–Burtenshaw, Guthrie. Total - 2. H 180, by Health and Welfare Committee, was read the second time at length and filed for third reading. Total - 35. H 176, by Ways and Means Committee, was read the second Whereupon the President declared S 1151 passed, title was time at length and filed for third reading. approved, and the bill ordered transmitted to the House. H 245 and H 246, by Appropriations Committee, were read On request by Senator Winder, granted by unanimous the second time at length and filed for third reading. consent, H 212 retained its place on the Third Reading Calendar for one legislative day. S 1184 and S 1185, by Finance Committee, were read the second time at length and filed for third reading. H 160 was read the third time at length, section by section, and placed before the Senate for final consideration. Senator H 167 and H 168, by State Affairs Committee, were read the Grow arose as sponsor of the bill and opened the debate. The second time at length and filed for third reading. question being, "Shall the bill pass?" H 144, by Business Committee, was read the second time at Roll call resulted as follows: length and filed for third reading. AYES–Agenbroad, Anthon, Bair, Bayer, Brackett, H 177, by Ways and Means Committee, was read the second Buckner-Webb, Burgoyne, Cheatham, Crabtree, Den Hartog, time at length and filed for third reading. Grow, Harris, Heider, Hill, Johnson, Jordan, Lakey, Lee, Lent, The Senate advanced to the Thirteenth Order of Business. Lodge, Martin, Mortimer, Nelson, Nye, Patrick, Rice, Souza, [March 13, 2019 SENATE JOURNAL 197

Stennett, Thayn, Vick, Ward-Engelking, Winder, Woodward. Whereupon the President declared H 215 passed, title was Total - 33. approved, and the bill ordered returned to the House. NAYS–None. H 219 was read the third time at length, section by section, and placed before the Senate for final consideration. Senator Absent and excused–Burtenshaw, Guthrie. Total - 2. Crabtree arose as sponsor of the bill and opened the debate. The Total - 35. question being, "Shall the bill pass?" Whereupon the President declared H 160 passed, title was Roll call resulted as follows: approved, and the bill ordered returned to the House. AYES–Agenbroad, Anthon, Bair, Bayer, Brackett, H 165 was read the third time at length, section by section, Buckner-Webb, Burgoyne, Cheatham, Crabtree, Den Hartog, and placed before the Senate for final consideration. Senator Grow, Harris, Heider, Hill, Johnson, Jordan, Lakey, Lee, Lent, Anthon arose as sponsor of the bill and opened the debate. The Lodge, Martin, Mortimer, Nelson, Nye, Patrick, Rice, Souza, question being, "Shall the bill pass?" Stennett, Thayn, Vick, Ward-Engelking, Winder, Woodward. Total - 33. Roll call resulted as follows: NAYS–None. AYES–Agenbroad, Anthon, Bair, Bayer, Brackett, Buckner-Webb, Burgoyne, Cheatham, Crabtree, Den Hartog, Absent and excused–Burtenshaw, Guthrie. Total - 2. Grow, Harris, Heider, Hill, Johnson, Jordan, Lakey, Lee, Lent, Total - 35. Lodge, Martin, Mortimer, Nelson, Nye, Patrick, Rice, Souza, Stennett, Thayn, Vick, Ward-Engelking, Winder, Woodward. Whereupon the President declared H 219 passed, title was Total - 33. approved, and the bill ordered returned to the House. NAYS–None. H 220 was read the third time at length, section by section, and placed before the Senate for final consideration. Senator Absent and excused–Burtenshaw, Guthrie. Total - 2. Ward-Engelking arose as sponsor of the bill and opened the Total - 35. debate. The question being, "Shall the bill pass?" Whereupon the President declared H 165 passed, title was Roll call resulted as follows: approved, and the bill ordered returned to the House. AYES–Agenbroad, Anthon, Bair, Bayer, Brackett, H 200 was read the third time at length, section by section, Buckner-Webb, Burgoyne, Cheatham, Crabtree, Den Hartog, and placed before the Senate for final consideration. Senator Lee Grow, Harris, Heider, Hill, Johnson, Jordan, Lakey, Lee, Lent, arose as sponsor of the bill and opened the debate. The question Lodge, Martin, Mortimer, Nelson, Nye, Patrick, Rice, Souza, being, "Shall the bill pass?" Stennett, Thayn, Vick, Ward-Engelking, Winder, Woodward. Total - 33. Roll call resulted as follows: NAYS–None. AYES–Agenbroad, Anthon, Bair, Bayer, Brackett, Buckner-Webb, Burgoyne, Cheatham, Crabtree, Den Hartog, Absent and excused–Burtenshaw, Guthrie. Total - 2. Grow, Harris, Heider, Hill, Johnson, Jordan, Lakey, Lee, Lent, Total - 35. Lodge, Martin, Mortimer, Nelson, Nye, Patrick, Souza, Stennett, Thayn, Vick, Ward-Engelking, Winder, Woodward. Total - 32. Whereupon the President declared H 220 passed, title was approved, and the bill ordered returned to the House. NAYS–None. Absent and excused–Burtenshaw, Guthrie, Rice. Total - 3. H 221 was read the third time at length, section by section, and placed before the Senate for final consideration. Senator Total - 35. Crabtree arose as sponsor of the bill and opened the debate. The question being, "Shall the bill pass?" Whereupon the President declared H 200 passed, title was approved, and the bill ordered returned to the House. Roll call resulted as follows: H 215 was read the third time at length, section by section, AYES–Agenbroad, Anthon, Bair, Bayer, Brackett, and placed before the Senate for final consideration. Senator Buckner-Webb, Burgoyne, Cheatham, Crabtree, Den Hartog, Ward-Engelking arose as sponsor of the bill and opened the Grow, Harris, Heider, Hill, Johnson, Jordan, Lakey, Lee, Lent, debate. The question being, "Shall the bill pass?" Lodge, Martin, Mortimer, Nelson, Nye, Patrick, Rice, Souza, Stennett, Thayn, Vick, Ward-Engelking, Winder, Woodward. Roll call resulted as follows: Total - 33. AYES–Agenbroad, Anthon, Bair, Brackett, Buckner-Webb, NAYS–None. Burgoyne, Crabtree, Grow, Harris, Heider, Hill, Johnson, Jordan, Lakey, Lee, Lent, Lodge, Martin, Mortimer, Nelson, Nye, Absent and excused–Burtenshaw, Guthrie. Total - 2. Patrick, Rice, Souza, Stennett, Thayn, Ward-Engelking, Winder, Woodward. Total - 29. Total - 35. NAYS–Bayer, Cheatham, Den Hartog, Vick. Total - 4. Whereupon the President declared H 221 passed, title was approved, and the bill ordered returned to the House. Absent and excused–Burtenshaw, Guthrie. Total - 2. On request by Senator Winder, granted by unanimous Total - 35. consent, the Senate returned to the Fourth Order of Business. 198 SENATE JOURNAL March 13, 2019]

Reading of Communications Messages from the Governor On request by Senator Winder, granted by unanimous March 12, 2019 consent, the Senate advanced to the Fifth Order of Business. The Honorable Janice McGeachin President of the Senate Petitions, Resolutions, and Memorials Idaho Legislature On motion by Senator Winder, seconded by Senator Stennett, Dear Madam President: by voice vote the Senate recessed at 12:05 p.m. until the hour of 3 p.m. of this day. I have the honor to inform you that Dr. David McClusky of Twin Falls, Idaho, was reappointed as a member of the State Board of Correction to serve a term commencing January 30, RECESS 2019, and expiring January 30, 2025. AFTERNOON SESSION This appointment was made subject to confirmation by the The Senate reconvened at 3 p.m., pursuant to recess, Senate. Notice of appointment is hereby given. President McGeachin presiding. Sincerely, Roll call showed all members present except President Pro /s/ Brad Little Tempore Hill and Senators Brackett, Buckner-Webb, Crabtree, Governor Den Hartog, Harris, Lee, Lent, Lodge, Mortimer, Thayn, Vick, and Woodward, absent and excused. The correspondence was ordered filed in the office of the Secretary of the Senate. Prior to recess the Senate was at the Fifth Order of Business, Petitions, Resolutions, and Memorials. The Gubernatorial appointment was referred to the Judiciary and Rules Committee. The Senate advanced to the Sixth Order of Business. On request by Senator Winder, granted by unanimous consent, the Senate advanced to the Tenth Order of Business. Reports of Standing Committees Motions and Resolutions March 13, 2019 On request by Senator Winder, granted by unanimous The JUDICIARY AND RULES Committee reports that consent, SJM 106 retained its place on the calendar. S 1193, S 1194, S 1195, and S 1196 have been correctly printed. President Pro Tempore Hill and Senators Brackett, LAKEY, Chairman Buckner-Webb, Den Hartog, Lent, Lodge, Thayn, and Woodward were recorded present at this order of business. S 1193 and S 1194 were referred to the Finance Committee. The President announced that SCR 107 was before the S 1195 was referred to the Commerce and Human Resources Senate for final consideration, the question being, "Shall the Committee. resolution be adopted?" S 1196 was referred to the Education Committee. On motion by Senator Rice, seconded by Senator Martin, Senator Lee was recorded present at this order of business. SCR 107 was adopted by voice vote, title was approved, and the resolution ordered transmitted to the House. March 13, 2019 The President announced that SCR 108 was before the The STATE AFFAIRS Committee reports out S 1177 and Senate for final consideration, the question being, "Shall the S 1182 with the recommendation that they do pass. resolution be adopted?" LODGE, Chairman On motion by Senator Rice, seconded by Senator Stennett, SCR 108 was adopted by voice vote, title was approved, and the S 1177 and S 1182 were filed for second reading. resolution ordered transmitted to the House. Senator Harris was recorded present at this order of business. The President announced that SCR 109 was before the Senate for final consideration, the question being, "Shall the March 13, 2019 resolution be adopted?" The RESOURCES AND ENVIRONMENT Committee On motion by Senator Rice, seconded by reports out H 141, H 192, and H 207 with the recommendation Senator Buckner-Webb, SCR 109 was adopted by voice vote, that they do pass. title was approved, and the resolution ordered transmitted to HEIDER, Chairman the House. H 141, H 192, and H 207 were filed for second reading. The President announced that the Commerce and Human Resources Committee report relative to the Gubernatorial Senator Crabtree was recorded present at this order of appointment of Kelley Packer was before the Senate for final business. consideration, the question being, "Shall the report be adopted?" On request by Senator Winder, granted by unanimous On motion by Senator Guthrie, seconded by consent, the Senate advanced to the Eighth Order of Business. Senator Stennett, the Gubernatorial appointment of Kelley [March 13, 2019 SENATE JOURNAL 199

Packer as the Bureau Chief of the Bureau of Occupational Roll call resulted as follows: Licenses was confirmed by voice vote. AYES–Agenbroad, Anthon, Bair, Bayer, Brackett, The President declared the report adopted and directed the Buckner-Webb, Burgoyne, Burtenshaw, Cheatham, Crabtree, Secretary of the Senate to prepare a letter of the Gubernatorial Den Hartog, Grow, Guthrie, Harris, Heider, Hill, Johnson, appointment confirmation for her signature, attested to by the Jordan, Lakey, Lee, Lent, Lodge, Martin, Mortimer, Nelson, Nye, Secretary, to be transmitted to the Governor informing him of Patrick, Rice, Souza, Stennett, Thayn, Vick, Ward-Engelking, the action of the Senate. Winder, Woodward. Total - 35. On request by Senator Winder, granted by unanimous Whereupon the President declared H 224 passed, title was consent, SJM 106 was placed before the Senate for final approved, and the bill ordered returned to the House. consideration at this time. H 225 was read the third time at length, section by section, The President announced that SJM 106 was before the and placed before the Senate for final consideration. Senator Senate for final consideration, the question being, "Shall the Woodward arose as sponsor of the bill and opened the debate. memorial be adopted?" The question being, "Shall the bill pass?" On motion by Senator Brackett, seconded by Senator Jordan, Roll call resulted as follows: SJM 106 was adopted by voice vote, title was approved, and the memorial ordered transmitted to the House. AYES–Agenbroad, Anthon, Bair, Bayer, Brackett, Buckner-Webb, Burgoyne, Burtenshaw, Cheatham, Crabtree, On request by Senator Winder, granted by unanimous Den Hartog, Grow, Guthrie, Harris, Heider, Hill, Johnson, consent, the Senate advanced to the Thirteenth Order of Business. Jordan, Lakey, Lee, Lent, Lodge, Martin, Mortimer, Nelson, Nye, Patrick, Rice, Souza, Stennett, Thayn, Vick, Ward-Engelking, Winder, Woodward. Total - 35. Third Reading of Bills Whereupon the President declared H 225 passed, title was approved, and the bill ordered returned to the House. H 222 was read the third time at length, section by section, and placed before the Senate for final consideration. Senator H 116 was read the third time at length, section by section, Grow arose as sponsor of the bill and opened the debate. The and placed before the Senate for final consideration. Senator Lee question being, "Shall the bill pass?" 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–Agenbroad, Anthon, Bair, Bayer, Brackett, Buckner-Webb, Burgoyne, Burtenshaw, Cheatham, Crabtree, AYES–Agenbroad, Anthon, Bair, Bayer, Brackett, Den Hartog, Grow, Guthrie, Harris, Heider, Hill, Johnson, Buckner-Webb, Burgoyne, Burtenshaw, Cheatham, Crabtree, Jordan, Lakey, Lee, Lent, Lodge, Martin, Mortimer, Nelson, Den Hartog, Grow, Guthrie, Harris, Heider, Hill, Johnson, Nye, Patrick, Rice, Souza, Stennett, Thayn, Ward-Engelking, Jordan, Lakey, Lee, Lent, Lodge, Martin, Mortimer, Nelson, Nye, Winder, Woodward. Total - 34. Patrick, Rice, Souza, Stennett, Thayn, Vick, Ward-Engelking, Winder, Woodward. Total - 35. NAYS–None. Whereupon the President declared H 116 passed, title was Absent and excused–Vick. Total - 1. approved, and the bill ordered returned to the House. Total - 35. H 112 was read the third time at length, section by section, and placed before the Senate for final consideration. Senator Whereupon the President declared H 222 passed, title was Winder arose as sponsor of the bill and opened the debate. The approved, and the bill ordered returned to the House. question being, "Shall the bill pass?" H 223 was read the third time at length, section by section, Roll call resulted as follows: and placed before the Senate for final consideration. Senator Woodward arose as sponsor of the bill and opened the debate. AYES–Agenbroad, Anthon, Bair, Bayer, Brackett, The question being, "Shall the bill pass?" Buckner-Webb, Burgoyne, Burtenshaw, Cheatham, Crabtree, Den Hartog, Grow, Guthrie, Harris, Heider, Hill, Johnson, Roll call resulted as follows: Jordan, Lakey, Lee, Lent, Lodge, Martin, Mortimer, Nelson, Nye, AYES–Agenbroad, Anthon, Bair, Bayer, Brackett, Patrick, Rice, Souza, Stennett, Thayn, Vick, Ward-Engelking, Buckner-Webb, Burgoyne, Burtenshaw, Cheatham, Crabtree, Winder, Woodward. Total - 35. Den Hartog, Grow, Guthrie, Harris, Heider, Hill, Johnson, Whereupon the President declared H 112 passed, title was Jordan, Lakey, Lee, Lent, Lodge, Martin, Mortimer, Nelson, Nye, approved, and the bill ordered returned to the House. Patrick, Rice, Souza, Stennett, Thayn, Vick, Ward-Engelking, Winder, Woodward. Total - 35. H 150 was read the third time at length, section by section, and placed before the Senate for final consideration. Senator Lent Whereupon the President declared H 223 passed, title was arose as sponsor of the bill and opened the debate. The question approved, and the bill ordered returned to the House. being, "Shall the bill pass?" H 224 was read the third time at length, section by section, Roll call resulted as follows: and placed before the Senate for final consideration. Senator Ward-Engelking arose as sponsor of the bill and opened the AYES–Agenbroad, Anthon, Bair, Bayer, Brackett, debate. The question being, "Shall the bill pass?" Buckner-Webb, Burgoyne, Burtenshaw, Cheatham, Crabtree, 200 SENATE JOURNAL March 13, 2019]

Den Hartog, Grow, Guthrie, Harris, Heider, Hill, Johnson, Den Hartog, Grow, Guthrie, Harris, Heider, Hill, Johnson, Jordan, Lakey, Lee, Lent, Lodge, Martin, Mortimer, Nelson, Nye, Jordan, Lakey, Lee, Lent, Lodge, Martin, Mortimer, Nelson, Nye, Patrick, Rice, Souza, Stennett, Thayn, Vick, Ward-Engelking, Patrick, Rice, Souza, Stennett, Thayn, Vick, Ward-Engelking, Winder, Woodward. Total - 35. Winder, Woodward. Total - 35. Whereupon the President declared H 150 passed, title was Whereupon the President declared H 230 passed, title was approved, and the bill ordered returned to the House. approved, and the bill ordered returned to the House. H 227 was read the third time at length, section by section, H 231 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 Crabtree 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–Agenbroad, Anthon, Bair, Bayer, Brackett, AYES–Agenbroad, Anthon, Bair, Bayer, Brackett, Buckner-Webb, Burgoyne, Burtenshaw, Cheatham, Crabtree, Buckner-Webb, Burgoyne, Burtenshaw, Cheatham, Crabtree, Den Hartog, Grow, Guthrie, Harris, Heider, Hill, Johnson, Den Hartog, Grow, Guthrie, Harris, Heider, Hill, Johnson, Jordan, Lakey, Lee, Lent, Lodge, Martin, Mortimer, Nelson, Nye, Jordan, Lakey, Lee, Lent, Lodge, Martin, Mortimer, Nelson, Nye, Patrick, Rice, Souza, Stennett, Thayn, Vick, Ward-Engelking, Patrick, Rice, Souza, Stennett, Thayn, Vick, Ward-Engelking, Winder, Woodward. Total - 35. Winder, Woodward. Total - 35. Whereupon the President declared H 227 passed, title was Whereupon the President declared H 231 passed, title was approved, and the bill ordered returned to the House. approved, and the bill ordered returned to the House. H 124 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, H 232 retained its place on the Third Reading Calendar Winder arose as sponsor of the bill and opened the debate. The for one legislative day. question being, "Shall the bill pass?" H 233 was read the third time at length, section by section, Roll call resulted as follows: and placed before the Senate for final consideration. Senator Burtenshaw arose as sponsor of the bill and opened the debate. AYES–Agenbroad, Anthon, Bair, Bayer, Brackett, The question being, "Shall the bill pass?" Buckner-Webb, Burgoyne, Burtenshaw, Cheatham, Crabtree, Den Hartog, Grow, Guthrie, Harris, Heider, Hill, Johnson, Roll call resulted as follows: Jordan, Lakey, Lee, Lent, Lodge, Martin, Mortimer, Nelson, Nye, Patrick, Rice, Souza, Stennett, Thayn, Vick, Ward-Engelking, AYES–Agenbroad, Anthon, Bair, Bayer, Brackett, Winder, Woodward. Total - 35. Buckner-Webb, Burgoyne, Burtenshaw, Cheatham, Crabtree, Den Hartog, Grow, Guthrie, Harris, Heider, Hill, Johnson, Whereupon the President declared H 124 passed, title was Jordan, Lakey, Lee, Lent, Lodge, Martin, Mortimer, Nelson, Nye, approved, and the bill ordered returned to the House. Patrick, Rice, Souza, Stennett, Thayn, Vick, Ward-Engelking, Winder, Woodward. Total - 35. H 158, as amended, was read the third time at length, section by section, and placed before the Senate for final consideration. Whereupon the President declared H 233 passed, title was Senator Burgoyne arose as sponsor of the bill and opened the approved, and the bill ordered returned to the House. debate. The question being, "Shall the bill pass?" On request by Senator Winder, granted by unanimous Roll call resulted as follows: consent, H 212 was placed at the head of the Third Reading Calendar, followed by Senate bills, followed by House bills. AYES–Agenbroad, Anthon, Bair, Bayer, Brackett, Buckner-Webb, Burgoyne, Burtenshaw, Cheatham, Crabtree, On request by Senator Winder, granted by unanimous Den Hartog, Grow, Guthrie, Harris, Heider, Hill, Johnson, consent, the Senate advanced to the Fifteenth Order of Business. Jordan, Lakey, Lee, Lent, Lodge, Martin, Mortimer, Nelson, Nye, Patrick, Rice, Souza, Stennett, Thayn, Vick, Ward-Engelking, Miscellaneous Business Winder, Woodward. Total - 35. On motion by Senator Winder, seconded by Senator Stennett, Whereupon the President declared H 158, as by voice vote, the Senate adjourned at 4:43 p.m. until the hour of amended, passed, title was approved, and the bill ordered 9:30 a.m., Thursday, March 14, 2019. returned to the House. JANICE MCGEACHIN, President H 230 was read the third time at length, section by section, and placed before the Senate for final consideration. Senator Attest: JENNIFER NOVAK, Secretary Johnson arose as sponsor of the bill and opened the debate. The question being, "Shall the bill pass?" Roll call resulted as follows: AYES–Agenbroad, Anthon, Bair, Bayer, Brackett, Buckner-Webb, Burgoyne, Burtenshaw, Cheatham, Crabtree, [March 14, 2019 SENATE JOURNAL 201

SENATE JOURNAL 151., Subsection 01., adopted as a pending rule under Docket Number 60-0501-1801, only, be, and the same are hereby OF THE rejected and declared null, void, and of no force and effect. SCR 110 was introduced, read at length, and referred to the IDAHO LEGISLATURE Judiciary and Rules Committee for printing. FIRST REGULAR SESSION Senator Anthon was recorded present at this order of SIXTY-FIFTH LEGISLATURE business. The Senate advanced to the Sixth Order of Business.

Reports of Standing Committees SIXTY-SEVENTH LEGISLATIVE DAY March 13, 2019 THURSDAY, MARCH 14, 2019 The FINANCE Committee reports out S 1193 and S 1194 with the recommendation that they do pass. Senate Chamber BAIR, Chairman President McGeachin called the Senate to order at 9:30 a.m. S 1193 and S 1194 were filed for second reading. Roll call showed all members present except Senators March 13, 2019 Anthon, Mortimer, and Rice, absent and excused. The EDUCATION Committee reports out S 1180 with the Prayer was offered by Senator Lori Den Hartog. recommendation that it do pass. The Pledge of Allegiance was led by Katie Angell, Page. MORTIMER, Chairman The Senate advanced to the Third Order of Business. S 1180 was filed for second reading. Reading and Correction of the Journal March 13, 2019 The JUDICIARY AND RULES Committee reports that the The LOCAL GOVERNMENT AND TAXATION Senate Journal of the proceedings of March 13, 2019, was read Committee reports out HCR 17 with the recommendation that and approved as corrected. it do pass. LAKEY, Chairman RICE, Chairman There being no objection, the report was adopted and ordered HCR 17 was referred to the Tenth Order of Business, filed in the office of the Secretary of the Senate. Motions and Resolutions, and ordered held at the Secretary's On request by Senator Winder, granted by unanimous desk for one legislative day. consent, the Senate advanced to the Fifth Order of Business. March 13, 2019 Petitions, Resolutions, and Memorials The JUDICIARY AND RULES Committee reports out H 78, as amended, and H 209 with the recommendation that they do SCR 110 pass. BY JUDICIARY AND RULES COMMITTEE A CONCURRENT RESOLUTION LAKEY, Chairman STATING FINDINGS OF THE LEGISLATURE AND REJECTING A CERTAIN RULE OF THE IDAHO SOIL AND H 78, as amended, and H 209 were filed for second reading. WATER CONSERVATION COMMISSION RELATING TO March 13, 2019 THE RESOURCE CONSERVATION AND RANGELAND DEVELOPMENT PROGRAM. The STATE AFFAIRS Committee reports out H 191 and H 210 with the recommendation that they do pass. Be It Resolved by the Legislature of the State of Idaho: LAKEY, Chairman WHEREAS, the Legislature is vested with authority to reject H 191 and H 210 were filed for second reading. executive agency rules under the provisions of Section 67-5291, Idaho Code, in the event that the Legislature finds that the rules March 13, 2019 are not consistent with legislative intent; and WHEREAS, it is the finding of the Legislature that The JUDICIARY AND RULES Committee reports it has certain rules of the Idaho Soil and Water Conservation had under consideration the recommendations of the Joint Commission relating to the Resource Conservation and Publishing Committee, pursuant to Idaho Code Section 67-509, Rangeland Development Program are not consistent with the Committee recommends the report be adopted. legislative intent and should be rejected. LODGE, Chairman NOW, THEREFORE, BE IT RESOLVED by the members of the First Regular Session of the Sixty-fifth Idaho Legislature, The recommendations of the Joint Publishing Committee and the Senate and the House of Representatives concurring therein, the Judiciary and Rules Committee report were referred to the that IDAPA 60.05.01, relating to the Resource Conservation and Tenth Order of Business, Motions and Resolutions, and ordered Rangeland Development Program, Section 103., and Section held at the Secretary's desk for one legislative day. 202 SENATE JOURNAL March 14, 2019]

On request by Senator Winder, granted by unanimous PROJECTS FOR FISCAL YEAR 2020; PROVIDING FOR consent, the Senate advanced to the Ninth Order of Business. A GENERAL FUND CASH TRANSFER; PROVIDING REQUIREMENTS FOR UTILIZATION OF MATCHING Messages from the House FUNDS; AND PROVIDING REQUIREMENTS REGARDING March 13, 2019 REALLOCATION OF PROJECT SAVINGS. Dear Madam President: S 1197 and S 1198 were introduced, read the first time at length, and referred to the Judiciary and Rules Committee for I transmit herewith H 179, as amended, HCR 19, HCR 20, printing. and HCR 21, which have passed the House. H 179, as amended, by Ways and Means Committee, was MAULIN, Chief Clerk introduced, read the first time at length, and referred to the Transportation Committee. H 179, as amended, HCR 19, HCR 20, and HCR 21 were filed for first reading. HCR 19, HCR 20, and HCR 21, by Education Committee, were introduced, read at length, and referred to the Education March 13, 2019 Committee. Dear Madam President: The Senate advanced to the Twelfth Order of Business. I return herewith S 1141, S 1143, S 1144, S 1147, S 1148, Second Reading of Bills S 1149, S 1150, and S 1158, which have passed the House. H 164, H 184, and H 201, by Revenue and Taxation MAULIN, Chief Clerk Committee, were read the second time at length and filed for third reading. S 1141, S 1143, S 1144, S 1147, S 1148, S 1149, S 1150, and S 1158 were referred to the Judiciary and Rules Committee for S 1187, S 1188, S 1189, S 1190, S 1191, and S 1192, by enrolling. Finance Committee, were read the second time at length and filed for third reading. March 13, 2019 H 244, by Health and Welfare Committee, was read the Dear Madam President: second time at length and filed for third reading. I transmit herewith Enrolled H 155, HCR 10, HCR 12, S 1177 and S 1182, by State Affairs Committee, were read HCR 15, HJM 4, HJM 8, HJM 9, and HJM 7 for the signature the second time at length and filed for third reading. of the President. H 141, by Resources and Conservation Committee, was read MAULIN, Chief Clerk the second time at length and filed for third reading. The President signed Enrolled H 155, HCR 10, HCR 12, H 192 and H 207, by Ways and Means Committee, were read HCR 15, HJM 4, HJM 8, HJM 9, and HJM 7 and ordered them the second time at length and filed for third reading. returned to the House. On request by Senator Winder, granted by unanimous On request by Senator Winder, granted by unanimous consent, the Senate advanced to the Fourteenth Order of consent, the Senate advanced to the Eleventh Order of Business. Business. Introduction, First Reading, and Reference of Bills, General Calendar House Petitions, Resolutions, and Memorials The President declared the Senate resolved into the S 1197 Committee of the Whole and called Senator Vick to the Chair to BY FINANCE COMMITTEE preside during the sitting of the Committee of the Whole. AN ACT RELATING TO THE APPROPRIATION TO THE Following the adjournment of the Committee of the Whole, DEPARTMENT OF AGRICULTURE FOR FISCAL the President called the Senate to order. YEAR 2020; APPROPRIATING MONEYS TO THE Report of the Committee of the Whole DEPARTMENT OF AGRICULTURE FOR FISCAL YEAR 2020; LIMITING THE NUMBER OF AUTHORIZED Senator Vick, Chairman of the Committee of the Whole, FULL-TIME EQUIVALENT POSITIONS; AND PROVIDING reported out H 107, S 1138, H 118, as amended, H 93, and REQUIREMENTS REGARDING THE WATERCRAFT S 1178, without recommendation, amended as follows: INSPECTION PROGRAM. SENATE AMENDMENT TO H 107 S 1198 AMENDMENT TO SECTION 1 BY FINANCE COMMITTEE On page 2 of the printed bill, in line 31, delete "account AN ACT which is" and insert: "account, which is hereby". RELATING TO THE APPROPRIATION TO THE On page 5, delete lines 38 through 42, and insert: DEPARTMENT OF ADMINISTRATION FOR THE "(16)(a) One Two percent (12%) shall be distributed to the DIVISION OF PUBLIC WORKS FOR FISCAL YEAR 2020; transportation expansion and congestion mitigation program APPROPRIATING MONEYS TO THE DEPARTMENT OF established in section 40-720, Idaho Code as follows: ADMINISTRATION FOR THE DIVISION OF PUBLIC (i) Sixty percent (60%) to the transportation expansion WORKS FOR FISCAL YEAR 2020; AUTHORIZING AND and congestion mitigation program fund established in DIRECTING THE ALLOCATION OF FUNDS FOR SPECIFIC section 40-720, Idaho Code; and [March 14, 2019 SENATE JOURNAL 203

(ii) Forty percent (40%) to the bridge maintenance and On page 1, delete lines 2 through 4, and insert: replacement program fund established in section 40-720, "RELATING TO SALES TAX; AMENDING SECTION Idaho Code. 63-3638, IDAHO CODE, TO PROVIDE FUNDING (b) The distribution provided for in this subsection FOR THE TRANSPORTATION EXPANSION AND must immediately follow the distribution provided for in CONGESTION MITIGATION FUND AND THE subsection (10) of this section.". BRIDGE MAINTENANCE AND REPLACEMENT PROGRAM FUND AND TO MAKE TECHNICAL AMENDMENT TO THE BILL CORRECTIONS; AMENDING SECTION 40-720, On page 5 of the printed bill, following line 42, insert: IDAHO CODE, TO PROVIDE FOR THE BRIDGE "SECTION 2. That Section 40-720, Idaho Code, be, and the MAINTENANCE AND REPLACEMENT PROGRAM; same is hereby amended to read as follows: AND PROVIDING EFFECTIVE DATES.".

40-720. TRANSPORTATION EXPANSION AND SENATE AMENDMENT TO S 1138 CONGESTION MITIGATION PROGRAM – BRIDGE AMENDMENT TO SECTION 3 MAINTENANCE AND REPLACEMENT PROGRAM – On page 4 of the printed bill, in line 10, delete "shall" and FUNDS ESTABLISHED. (1) The Idaho transportation insert: "may upon application". department shall establish and maintain a transportation expansion and congestion mitigation program. SENATE AMENDMENT TO H 118, as amended (2) The transportation expansion and congestion AMENDMENT TO SECTION 1 mitigation program fund established pursuant to subsection (3) On page 1 of the engrossed bill, in line 11, following "used" of this section shall finance projects that expand the state system insert: "by the builder"; delete lines 12 and 13, and insert: "idate to address and mitigate transportation congestion. The projects the pretrial risk assessment tool and ongoing documents, data, shall be evaluated by the Idaho transportation department and records, and written policies outlining the usage and validation shall be chosen by the Idaho transportation board based on a of the pretrial risk assessment tool shall"; in line 17, delete "his" policy that may include mitigation of traffic times, improvement and insert: "the defendant's"; in line 20, following "other" insert: to traffic flow and mitigation of traffic congestion. "intellectual property"; also in line 20, following "discovery" (3) There is hereby established in the state treasury the insert: "of the materials described in paragraph (a) of this transportation expansion and congestion mitigation fund, to subsection"; in line 23, delete "process" and insert: "pretrial which shall be deposited: process"; in line 25, delete "to then classify a person into a par-"; (a) All moneys distributed pursuant to section 63-2520, in line 26, delete "ticular category of risk or"; also in line 26, Idaho Code; delete "and" and insert: "or". (b) All mMoneys distributed pursuant to section 63-3638, Idaho Code; and SENATE AMENDMENT TO H 93 (c) Any other appropriated moneys for funding the AMENDMENT TO SECTION 1 transportation expansion and congestion mitigation program. On page 2 of the printed bill, in line 4, following "states." (4) Interest earned on the investment of idle moneys in the insert: "The nontraditional educator preparation program may transportation expansion and congestion mitigation program fund apply to the state department of education for available funding shall be paid to the fund. All moneys in the fund shall be used for at the time one (1) or more teachers recruited by the program the transportation expansion and congestion mitigation program. enters into an employment contract with a local education agency (5) The local highway technical assistance council, (LEA). The amount of funding per teacher provided by the established in section 40-2401, Idaho Code, shall establish and department to the program shall not exceed twenty-five percent maintain a bridge maintenance and replacement program to (25%) of each teacher's annual salary for each year the program repair or replace local bridges. The program shall include a grant is providing services in support of the teacher. Such funding is program for local highway jurisdictions. The bridge maintenance limited to two (2) academic years per teacher. In order for the and replacement program fund established pursuant to subsection program to obtain funding from the department: (6) of this section shall be administered by the local highway (a) The program and the LEA shall provide to the technical assistance council and shall be used to finance the department verification of each teacher's fulfillment of the bridge maintenance and replacement program. annual employment contract; and (6) There is hereby established in the state treasury the (b) The program and the LEA shall provide verification bridge maintenance and replacement program fund, to which that the LEA is providing funding to the program for shall be deposited: recruiting and training each teacher in an amount equal to (a) Moneys distributed pursuant to section 63-3638, Idaho at least ten percent (10%) of the amount the department is Code, on and after July 1, 2020; and providing to the program.". (b) Any other appropriated moneys for funding the bridge maintenance and replacement program. SENATE AMENDMENT TO S 1178 (7) Interest earned on the investment of idle moneys in the AMENDMENT TO SECTION 1 bridge maintenance and replacement program fund shall be paid On page 1 of the printed bill, delete lines 24 and 25, and to the fund. All moneys in the fund shall be used for the bridge insert: "for use as a target consisting of a substance or substances maintenance and replacement program.". capable of exploding or igniting when struck by a bullet or projectile.". AMENDMENT TO THE BILL On page 5 of the printed bill, following line 42, insert: The Committee also has S 1106 and H 162 under "SECTION 3. Section 1 of this act shall be in full force and consideration, reports progress, and begs leave to sit again. effect on and after July 1, 2020. Section 2 of this act shall be in full force and effect on and after January 1, 2020.". VICK, Chairman CORRECTION TO TITLE 204 SENATE JOURNAL March 14, 2019]

On motion by Senator Vick, seconded by Senator Stennett, Roll call resulted as follows: the report was adopted by voice vote. AYES–Agenbroad, Anthon, Bair, Bayer, Brackett, S 1138, as amended, and S 1178, as amended, were referred Buckner-Webb, Burgoyne, Burtenshaw, Cheatham, Crabtree, to the Judiciary and Rules Committee for engrossing and the Den Hartog, Grow, Guthrie, Harris, Heider, Hill, Johnson, amendments thereto were referred to the Judiciary and Rules Jordan, Lakey, Lee, Lent, Lodge, Martin, Mortimer, Nelson, Nye, Committee for printing. Patrick, Rice, Souza, Stennett, Thayn, Vick, Ward-Engelking, Winder, Woodward. Total - 35. H 107, as amended in the Senate, H 118, as amended, as amended in the Senate, and H 93, as amended in the Senate, were Whereupon the President declared H 232 passed, title was filed for first reading as amended, and the amendments thereto approved, and the bill ordered returned to the House. were referred to the Judiciary and Rules Committee for printing. H 234 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, the Senate returned to the Thirteenth Order of Business. Johnson 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: H 212 was read the third time at length, section by section, and placed before the Senate for final consideration. Senator AYES–Agenbroad, Anthon, Bair, Bayer, Brackett, Burtenshaw arose as sponsor of the bill and opened the debate. Buckner-Webb, Burgoyne, Burtenshaw, Cheatham, Crabtree, The question being, "Shall the bill pass?" Den Hartog, Grow, Guthrie, Harris, Heider, Hill, Johnson, Jordan, Lakey, Lee, Lent, Lodge, Martin, Mortimer, Nelson, Nye, Roll call resulted as follows: Patrick, Rice, Souza, Stennett, Thayn, Vick, Ward-Engelking, AYES–Agenbroad, Anthon, Bair, Bayer, Brackett, Winder, Woodward. Total - 35. Buckner-Webb, Burgoyne, Burtenshaw, Cheatham, Crabtree, Whereupon the President declared H 234 passed, title was Den Hartog, Grow, Guthrie, Harris, Heider, Hill, Johnson, approved, and the bill ordered returned to the House. Jordan, Lakey, Lee, Lent, Lodge, Martin, Mortimer, Nelson, Nye, Patrick, Rice, Souza, Stennett, Thayn, Vick, Ward-Engelking, H 235 was read the third time at length, section by section, Winder, Woodward. Total - 35. and placed before the Senate for final consideration. Senator Crabtree arose as sponsor of the bill and opened the debate. The Whereupon the President declared H 212 passed, title was question being, "Shall the bill pass?" approved, and the bill ordered returned to the House. Roll call resulted as follows: S 1184 was read the third time at length, section by section, and placed before the Senate for final consideration. Senator Lee AYES–Agenbroad, Anthon, Bair, Bayer, Brackett, arose as sponsor of the bill and opened the debate. The question Buckner-Webb, Burgoyne, Burtenshaw, Cheatham, Crabtree, being, "Shall the bill pass?" Den Hartog, Grow, Guthrie, Harris, Heider, Hill, Johnson, Jordan, Lakey, Lee, Lent, Lodge, Martin, Mortimer, Nelson, Nye, Roll call resulted as follows: Patrick, Rice, Souza, Stennett, Thayn, Vick, Ward-Engelking, AYES–Agenbroad, Anthon, Bair, Bayer, Brackett, Winder, Woodward. Total - 35. Buckner-Webb, Burgoyne, Burtenshaw, Cheatham, Crabtree, Whereupon the President declared H 235 passed, title was Den Hartog, Grow, Guthrie, Harris, Heider, Hill, Johnson, approved, and the bill ordered returned to the House. Jordan, Lakey, Lee, Lent, Lodge, Martin, Mortimer, Nelson, Nye, Patrick, Rice, Souza, Stennett, Thayn, Vick, Ward-Engelking, H 236 was read the third time at length, section by section, Winder, Woodward. Total - 35. and placed before the Senate for final consideration. Senator Johnson arose as sponsor of the bill and opened the debate. The Whereupon the President declared S 1184 passed, title was question being, "Shall the bill pass?" approved, and the bill ordered transmitted to the House. Roll call resulted as follows: S 1185 was read the third time at length, section by section, and placed before the Senate for final consideration. Senator AYES–Agenbroad, Anthon, Bair, Bayer, Brackett, Agenbroad arose as sponsor of the bill and opened the debate. Buckner-Webb, Burgoyne, Burtenshaw, Cheatham, Crabtree, The question being, "Shall the bill pass?" Den Hartog, Grow, Guthrie, Harris, Heider, Hill, Johnson, Jordan, Lakey, Lee, Lent, Lodge, Martin, Mortimer, Nelson, Nye, Roll call resulted as follows: Patrick, Rice, Souza, Stennett, Thayn, Vick, Ward-Engelking, AYES–Agenbroad, Anthon, Bair, Bayer, Brackett, Winder, Woodward. Total - 35. Buckner-Webb, Burgoyne, Burtenshaw, Cheatham, Crabtree, Whereupon the President declared H 236 passed, title was Den Hartog, Grow, Guthrie, Harris, Heider, Hill, Johnson, approved, and the bill ordered returned to the House. Jordan, Lakey, Lee, Lent, Lodge, Martin, Mortimer, Nelson, Nye, Patrick, Rice, Souza, Stennett, Thayn, Vick, Ward-Engelking, H 237 was read the third time at length, section by section, Winder, Woodward. Total - 35. and placed before the Senate for final consideration. Senator Grow arose as sponsor of the bill and opened the debate. The Whereupon the President declared S 1185 passed, title was question being, "Shall the bill pass?" approved, and the bill ordered transmitted to the House. Roll call resulted as follows: H 232 was read the third time at length, section by section, and placed before the Senate for final consideration. Senator AYES–Agenbroad, Anthon, Bair, Bayer, Brackett, Grow arose as sponsor of the bill and opened the debate. The Buckner-Webb, Burgoyne, Burtenshaw, Cheatham, Crabtree, question being, "Shall the bill pass?" Den Hartog, Grow, Guthrie, Harris, Heider, Hill, Johnson, [March 14, 2019 SENATE JOURNAL 205

Jordan, Lakey, Lee, Lent, Lodge, Martin, Mortimer, Nelson, Nye, Patrick, Rice, Souza, Stennett, Thayn, Vick, Ward-Engelking, Patrick, Rice, Souza, Stennett, Thayn, Vick, Ward-Engelking, Winder, Woodward. Total - 35. Winder, Woodward. Total - 35. Whereupon the President declared H 181 passed, title was Whereupon the President declared H 237 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 H 238 was read the third time at length, section by section, consent, the Senate returned to the Fourth Order of Business. and placed before the Senate for final consideration. Senator Johnson arose as sponsor of the bill and opened the debate. The Reading of Communications question being, "Shall the bill pass?" On request by Senator Winder, granted by unanimous Roll call resulted as follows: consent, the Senate advanced to the Fifth Order of Business. AYES–Agenbroad, Anthon, Bair, Bayer, Brackett, Petitions, Resolutions, and Memorials Buckner-Webb, Burgoyne, Burtenshaw, Cheatham, Crabtree, Den Hartog, Grow, Guthrie, Harris, Heider, Hill, Johnson, On motion by Senator Winder, seconded by Senator Stennett, Jordan, Lakey, Lee, Lent, Lodge, Martin, Mortimer, Nelson, Nye, by voice vote the Senate recessed at 11:28 a.m. until the hour of Patrick, Rice, Souza, Stennett, Thayn, Vick, Ward-Engelking, 4 p.m. of this day. Winder, Woodward. Total - 35. Whereupon the President declared H 238 passed, title was RECESS approved, and the bill ordered returned to the House. AFTERNOON SESSION H 114 was read the third time at length, section by section, The Senate reconvened at 4 p.m., pursuant to recess, and placed before the Senate for final consideration. Senator President McGeachin presiding. Souza arose as sponsor of the bill and opened the debate. The question being, "Shall the bill pass?" Roll call showed all members present except Senator Burtenshaw, absent and formally excused by the Chair; and Roll call resulted as follows: Senators Buckner-Webb, Harris, Johnson, Lee, Mortimer, AYES–Agenbroad, Anthon, Bair, Bayer, Brackett, Nelson, Stennett, and Thayn, absent and excused. Buckner-Webb, Burgoyne, Burtenshaw, Cheatham, Crabtree, Prior to recess the Senate was at the Fifth Order of Business, Den Hartog, Grow, Guthrie, Harris, Heider, Hill, Johnson, Petitions, Resolutions, and Memorials. Jordan, Lakey, Lee, Lent, Lodge, Martin, Mortimer, Nelson, Nye, Patrick, Rice, Souza, Stennett, Thayn, Vick, Ward-Engelking, The Senate advanced to the Sixth Order of Business. Winder, Woodward. Total - 35. Reports of Standing Committees Whereupon the President declared H 114 passed, title was approved, and the bill ordered returned to the House. March 14, 2019 H 117 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 SCR 110, S 1197, and S 1198 have been correctly printed. Cheatham arose as sponsor of the bill and opened the debate. The question being, "Shall the bill pass?" LAKEY, Chairman Roll call resulted as follows: SCR 110 was referred to the Tenth Order of Business, Motions and Resolutions, and ordered held at the Secretary's AYES–Agenbroad, Anthon, Bair, Bayer, Brackett, desk for one legislative day. Buckner-Webb, Burgoyne, Burtenshaw, Cheatham, Crabtree, Den Hartog, Grow, Guthrie, Harris, Heider, Hill, Johnson, S 1197 and S 1198 were referred to the Finance Committee. Jordan, Lakey, Lee, Lent, Lodge, Martin, Mortimer, Nelson, Nye, Patrick, Rice, Souza, Stennett, Thayn, Vick, Ward-Engelking, March 14, 2019 Winder, Woodward. Total - 35. The JUDICIARY AND RULES Committee reports that Whereupon the President declared H 117 passed, title was Senate amendments to H 107, S 1138, H 118, as amended, H 93, approved, and the bill ordered returned to the House. and S 1178 have been correctly printed. On request by Senator Winder, granted by unanimous LAKEY, Chairman consent, H 137, as amended, retained its place on the Third Reading Calendar. The report was ordered filed in the office of the Secretary of the Senate. H 181 was read the third time at length, section by section, and placed before the Senate for final consideration. Senator Nye March 14, 2019 arose as sponsor of the bill and opened the debate. The question being, "Shall the bill pass?" The JUDICIARY AND RULES Committee reports that S 1138, as amended, and S 1178, as amended, have been correctly Roll call resulted as follows: engrossed. AYES–Agenbroad, Anthon, Bair, Bayer, Brackett, LAKEY, Chairman Buckner-Webb, Burgoyne, Burtenshaw, Cheatham, Crabtree, Den Hartog, Grow, Guthrie, Harris, Heider, Hill, Johnson, S 1138, as amended, and S 1178, as amended, were filed for Jordan, Lakey, Lee, Lent, Lodge, Martin, Mortimer, Nelson, Nye, first reading. 206 SENATE JOURNAL March 14, 2019]

March 14, 2019 Dear Madam President: The JUDICIARY AND RULES Committee reports that I have the honor to inform you that Thomas J. Wilford S 1141, S 1143, S 1144, S 1147, S 1148, S 1149, S 1150, and of Boise, Idaho, was appointed as a member of the Idaho S 1158 have been correctly enrolled. Endowment Fund Investment Board to serve a term commencing March 12, 2019, and expiring April 1, 2020. LAKEY, Chairman This appointment was made subject to confirmation by the The President signed Enrolled S 1141, S 1143, S 1144, Senate. Notice of appointment is hereby given. S 1147, S 1148, S 1149, S 1150, and S 1158 and ordered them transmitted to the House for the signature of the Speaker. Sincerely, /s/ Brad Little March 14, 2019 Governor The TRANSPORTATION Committee reports out S 1126 and The correspondence was ordered filed in the office of the S 1175 with the recommendation that they do pass. Secretary of the Senate. BRACKETT, Chairman The Gubernatorial appointment was referred to the State S 1126 and S 1175 were filed for second reading. Affairs Committee. March 14, 2019 Senators Buckner-Webb and Mortimer were recorded present at this order of business. The TRANSPORTATION Committee reports it has had under consideration the Gubernatorial appointments listed below On request by Senator Winder, granted by unanimous and the Committee recommends that said appointments be consent, the Senate advanced to the Eleventh Order of Business. confirmed by the Senate: Introduction, First Reading, and Reference of Bills, House Petitions, Resolutions, and Memorials Mark H. Sweeney to the Aeronautics Advisory Board, term to expire January 31, 2024. H 107, as amended in the Senate, by Transportation and Defense Committee, was read the first time at length and filed Robert Hoff to the Idaho Transportation Board, term to for second reading. expire January 31, 2020. H 118, as amended, as amended in the Senate, by Judiciary, BRACKETT, Chairman Rules and Administration Committee, was read the first time at The Gubernatorial appointments were referred to the Tenth length and filed for second reading. Order of Business, Motions and Resolutions, and ordered held at H 93, as amended in the Senate, by Education Committee, the Secretary's desk for one legislative day. was read the first time at length and filed for second reading. Senator Nelson was recorded present at this order of Senator Lee was recorded present at this order of business. business. S 1138, as amended, and S 1178, as amended, by State March 14, 2019 Affairs Committee, were read the first time at length and filed The COMMERCE AND HUMAN RESOURCES for second reading. Committee reports it has had under consideration the Senators Harris and Johnson were recorded present at this Gubernatorial appointments listed below and the Committee order of business. recommends that said appointments be confirmed by the Senate: On request by Senator Winder, granted by unanimous Gregory Donaca to the Idaho Health Insurance Exchange consent, the Senate advanced to the Thirteenth Order of Business. Board, term to expire April 10, 2021. Third Reading of Bills Nancy Merill to the Idaho Personnel Commission, term to expire July 1, 2024. Motion to Suspend Rules Rod Higgins to the State Insurance Fund Board, term to Moved by Senator Winder, seconded by Senator Stennett, expire April 3, 2022. that all rules of the Senate interfering with the immediate passage of S 1182 be suspended; that the portions of Section 15, Article PATRICK, Chairman 3, of the Constitution of the State of Idaho requiring all bills to be The Gubernatorial appointments were referred to the Tenth read on three several days be dispensed with, this being a case of Order of Business, Motions and Resolutions, and ordered held at urgency, and that S 1182 be read the third time at length, section the Secretary's desk for one legislative day. by section, and be put upon its final passage. The question being, "Shall the rules be suspended?" On request by Senator Winder, granted by unanimous consent, the Senate advanced to the Eighth Order of Business. Roll call resulted as follows: Messages from the Governor AYES–Agenbroad, Anthon, Bair, Bayer, Brackett, Buckner-Webb, Burgoyne, Cheatham, Crabtree, Den Hartog, March 14, 2019 Guthrie, Harris, Heider, Johnson, Jordan, Lakey, Lee, Lent, Martin, Mortimer, Nelson, Nye, Patrick, Rice, Souza, Stennett, The Honorable Janice McGeachin Vick, Ward-Engelking, Winder. Total - 29. President of the Senate Idaho Legislature NAYS–Woodward. Total - 1. [March 14, 2019 SENATE JOURNAL 207

Absent and excused–Burtenshaw, Grow, Hill, Lodge, Thayn. Souza, Stennett, Vick, Ward-Engelking, Winder, Woodward. Total - 5. Total - 33. Total - 35. NAYS–None. More than two-thirds having voted in the affirmative, the Absent and excused–Burtenshaw, Thayn. Total - 2. President declared the rules suspended. Total - 35. S 1182 was read the third time at length, section by section, and placed before the Senate for final consideration. Senator Whereupon the President declared S 1180 passed, title was Winder 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?" Moved by Senator Winder, seconded by Senator Stennett, Roll call resulted as follows: that all rules of the Senate interfering with the immediate consideration of S 1193 be suspended. The question being, "Shall AYES–Agenbroad, Anthon, Bair, Bayer, Brackett, the rules be suspended?" Buckner-Webb, Burgoyne, Cheatham, Crabtree, Den Hartog, Grow, Guthrie, Harris, Heider, Johnson, Jordan, Lakey, Lee, Roll call resulted as follows: Lent, Lodge, Martin, Mortimer, Nelson, Nye, Patrick, Rice, AYES–Agenbroad, Anthon, Bair, Bayer, Brackett, Souza, Stennett, Vick, Ward-Engelking, Winder. Total - 31. Buckner-Webb, Burgoyne, Cheatham, Crabtree, Den Hartog, NAYS–Woodward. Total - 1. Grow, Guthrie, Harris, Heider, Hill, Johnson, Jordan, Lakey, Lee, Lent, Lodge, Martin, Mortimer, Nelson, Nye, Patrick, Rice, Absent and excused–Burtenshaw, Hill, Thayn. Total - 3. Souza, Stennett, Vick, Ward-Engelking, Winder, Woodward. Total - 33. Total - 35. NAYS–None. Whereupon the President declared S 1182 passed, title was approved, and the bill ordered transmitted to the House. Absent and excused–Burtenshaw, Thayn. Total - 2. On request by Senator Winder, granted by unanimous Total - 35. consent, the Senate returned to the Twelfth Order of Business. More than two-thirds having voted in the affirmative, the Second Reading of Bills President declared the rules suspended and announced that Motion to Suspend Rules S 1193 was before the Senate for final consideration. Moved by Senator Winder, seconded by Senator Stennett, S 1193 was read the third time at length, section by section, that all rules of the Senate interfering with the immediate passage and placed before the Senate for final consideration. Senator of S 1180 be suspended; that the portions of Section 15, Article Johnson arose as sponsor of the bill and opened the debate. The 3, of the Constitution of the State of Idaho requiring all bills to be question being, "Shall the bill pass?" read on three several days be dispensed with, this being a case of Roll call resulted as follows: urgency, and that S 1180 be read the third time at length, section by section, and be put upon its final passage. The question being, AYES–Agenbroad, Anthon, Bair, Brackett, Buckner-Webb, "Shall the rules be suspended?" Burgoyne, Cheatham, Crabtree, Grow, Guthrie, Harris, Heider, Hill, Johnson, Jordan, Lakey, Lee, Lent, Lodge, Martin, Roll call resulted as follows: Mortimer, Nelson, Nye, Patrick, Rice, Souza, Stennett, Vick, AYES–Agenbroad, Anthon, Bair, Bayer, Brackett, Ward-Engelking, Winder, Woodward. Total - 31. Buckner-Webb, Burgoyne, Cheatham, Crabtree, Den Hartog, NAYS–Bayer, Den Hartog. Total - 2. Grow, Guthrie, Harris, Heider, Johnson, Jordan, Lakey, Lee, Lent, Lodge, Martin, Mortimer, Nelson, Nye, Patrick, Rice, Absent and excused–Burtenshaw, Thayn. Total - 2. Souza, Stennett, Vick, Ward-Engelking, Winder, Woodward. Total - 35. Total - 32. Whereupon the President declared S 1193 passed, title was NAYS–None. approved, and the bill ordered transmitted to the House. Absent and excused–Burtenshaw, Hill, Thayn. Total - 3. Moved by Senator Winder, seconded by Senator Stennett, Total - 35. that all rules of the Senate interfering with the immediate consideration of S 1194 be suspended. The question being, "Shall More than two-thirds having voted in the affirmative, the the rules be suspended?" President declared the rules suspended. Roll call resulted as follows: S 1180 was read the third time at length, section by section, and placed before the Senate for final consideration. Senator AYES–Agenbroad, Anthon, Bair, Bayer, Brackett, Winder arose as sponsor of the bill and opened the debate. The Buckner-Webb, Burgoyne, Cheatham, Crabtree, Den Hartog, question being, "Shall the bill pass?" Grow, Guthrie, Harris, Heider, Hill, Johnson, Jordan, Lakey, Lee, Lent, Lodge, Martin, Mortimer, Nelson, Nye, Patrick, Rice, Roll call resulted as follows: Souza, Stennett, Vick, Ward-Engelking, Winder, Woodward. AYES–Agenbroad, Anthon, Bair, Bayer, Brackett, Total - 33. Buckner-Webb, Burgoyne, Cheatham, Crabtree, Den Hartog, NAYS–None. Grow, Guthrie, Harris, Heider, Hill, Johnson, Jordan, Lakey, Lee, Lent, Lodge, Martin, Mortimer, Nelson, Nye, Patrick, Rice, Absent and excused–Burtenshaw, Thayn. Total - 2. 208 SENATE JOURNAL March 14, 2019]

Total - 35. More than two-thirds having voted in the affirmative, the President declared the rules suspended and announced that S 1194 was before the Senate for final consideration. S 1194 was read the third time at length, section by section, and placed before the Senate for final consideration. Senator Johnson arose as sponsor of the bill and opened the debate. The question being, "Shall the bill pass?" Roll call resulted as follows: AYES–Agenbroad, Anthon, Bair, Bayer, Brackett, Buckner-Webb, Burgoyne, Cheatham, Crabtree, Den Hartog, Grow, Guthrie, Harris, Heider, Hill, Johnson, Jordan, Lakey, Lee, Lent, Lodge, Martin, Mortimer, Nelson, Nye, Patrick, Rice, Souza, Stennett, Vick, Ward-Engelking, Winder, Woodward. Total - 33. NAYS–None. Absent and excused–Burtenshaw, Thayn. Total - 2. Total - 35. Whereupon the President declared S 1194 passed, title was approved, and the bill ordered transmitted to the House. 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, 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 Stennett, by voice vote, the Senate adjourned at 5:09 p.m. until the hour of 11 a.m., Friday, March 15, 2019. JANICE MCGEACHIN, President Attest: JENNIFER NOVAK, Secretary [March 15, 2019 SENATE JOURNAL 209

SENATE JOURNAL and maintenance, in order to identify any inadequacies with the current funding methodology, would be beneficial to Idahoans OF THE and especially to Idaho students and educators. NOW, THEREFORE, BE IT RESOLVED by the members of the First Regular Session of the Sixty-fifth Idaho Legislature, IDAHO LEGISLATURE the Senate and the House of Representatives concurring therein, that the Legislative Council is authorized to appoint a committee FIRST REGULAR SESSION to undertake and complete a study of and make recommendations SIXTY-FIFTH LEGISLATURE regarding the state's methodology for funding public school construction and maintenance. The Legislative Council shall determine the number of legislators and membership from each house appointed to the committee and shall authorize the committee to receive input, advice, and assistance from interested SIXTY-EIGHTH LEGISLATIVE DAY and affected parties who are not members of the Legislature. FRIDAY, MARCH 15, 2019 BE IT FURTHER RESOLVED that nonlegislative members of the committee may be appointed by the cochairs of the committee who are appointed by the Legislative Council. Senate Chamber Nonlegislative members of the committee shall not be reimbursed President McGeachin called the Senate to order at 11 a.m. from legislative funds for per diem, mileage, or other expenses. BE IT FURTHER RESOLVED that the Legislative Services Roll call showed all members present except Senator Office shall provide staff support to the committee. Cheatham, absent and formally excused by the Chair; and BE IT FURTHER RESOLVED that the committee shall Senators Buckner-Webb, Lodge, and Stennett, absent and report its findings, recommendations, and proposed legislation, excused. if any, to the Second Regular Session of the Sixty-fifth Idaho Legislature. Prayer was offered by Chaplain Montie Ralstin.

The Pledge of Allegiance was led by Lauren Pattee, Page. SCR 111 was introduced, read at length, and referred to the The Senate advanced to the Third Order of Business. 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 15, 2019, was read Reports of Standing Committees and approved as corrected. LAKEY, Chairman March 15, 2019 There being no objection, the report was adopted and ordered The FINANCE Committee reports out S 1197 and filed in the office of the Secretary of the Senate. S 1198 with the recommendation that they do pass. BAIR, Chairman On request by Senator Winder, granted by unanimous S 1197 and S 1198 were filed for second reading. consent, the Senate advanced to the Fifth Order of Business.

March 14, 2019 Petitions, Resolutions, and Memorials The HEALTH AND WELFARE Committee reports it has SCR 111 had under consideration the Gubernatorial appointment listed BY STATE AFFAIRS COMMITTEE below and the Committee recommends that said appointment be A CONCURRENT RESOLUTION confirmed by the Senate: STATING FINDINGS OF THE LEGISLATURE AND AUTHORIZING THE LEGISLATIVE COUNCIL TO Britt Raubenheimer to the Commission for the Blind and APPOINT A COMMITTEE TO UNDERTAKE AND Visually Impaired, term to expire July 1, 2021. COMPLETE A STUDY OF THE STATE'S METHODOLOGY FOR FUNDING PUBLIC SCHOOL CONSTRUCTION AND MAINTENANCE. MARTIN, Chairman Be It Resolved by the Legislature of the State of Idaho: The Gubernatorial appointment was referred to the Tenth WHEREAS, the Legislature is obligated pursuant to Section Order of Business, Motions and Resolutions, and ordered held 1, Article IX of the Constitution of the State of Idaho to establish at the Secretary's desk for one legislative day. and maintain a general, uniform, and thorough system of public Senators Buckner-Webb and Stennett were recorded present schools; and at this order of business. WHEREAS, such obligation includes providing students with a safe environment conducive to learning; and WHEREAS, the Legislature believes that a study and review On request by Senator Winder, granted by unanimous of the state's methodology for funding public school construction consent, the Senate advanced to the Eighth Order of Business. 210 SENATE JOURNAL March 15, 2019]

Messages from the Governor The President signed Enrolled HCR 9, H 171, H 173, H 186, H 187, H 113, H 153, H 109, H 151, H 211, H 213, H 214, H 216, H 126, H 84, H 94, and H 182 and ordered them returned to the March 13, 2019 House. The Honorable Janice McGeachin On request by Senator Winder, granted by unanimous President of the Senate consent, the Senate advanced to the Eleventh Order of Business. Idaho Legislature Introduction, First Reading, and Reference of Bills, Dear Madam President: House Petitions, Resolutions, and Memorials I have the honor to inform you that Dr. Michael D. Johnston H 206, by State Affairs Committee, was introduced, read the of Boise, Idaho, was reappointed as a member of the Sexual first time at length, and referred to the State Affairs Committee. Offender Management Board to serve a term commencing March 4, 2019, and expiring March 4, 2022. H 276, by Ways and Means Committee, was introduced, read the first time at length, and referred to the Judiciary and Rules This appointment was made subject to confirmation by the Committee. Senate. Notice of appointment is hereby given. H 254, H 255, H 256, and H 257, by Appropriations Sincerely, Committee, were introduced, read the first time at length, and /s/ Brad Little referred to the Finance Committee. Governor The Senate advanced to the Twelfth Order of Business. The correspondence was ordered filed in the office of the Secretary of the Senate. Second Reading of Bills The Gubernatorial appointment was referred to the Judiciary On request by Senator Lee, granted by unanimous consent, and Rules Committee. H 78, as amended, was referred to the Fourteenth Order of Business, General Calendar. The Senate advanced to the Ninth Order of Business. H 209, by Ways and Means Committee, was read the second Messages from the House time at length and filed for third reading. March 14, 2019 H 191 and H 210, by State Affairs Committee, were read the Dear Madam President: second time at length and filed for third reading. I transmit herewith H 206, H 276, H 254, H 255, H 256, and S 1126 and S 1175, by State Affairs Committee, were read H 257, which have passed the House. the second time at length and filed for third reading. MAULIN, Chief Clerk H 107, as amended in the Senate, by Transportation and Defense Committee, was read the second time at length and filed H 206, H 276, H 254, H 255, H 256, and H 257 were filed for third reading. for first reading. H 118, as amended, as amended in the Senate, by Judiciary, March 14, 2019 Rules and Administration Committee, was read the second time at length and filed for third reading. Dear Madam President: H 93, as amended in the Senate, by Education Committee, I return herewith S 1012, S 1013, S 1058, S 1135, S 1082, was read the second time at length and filed for third reading. S 1071, S 1018, as amended, S 1019, S 1021, S 1022, S 1042, S 1078, S 1107, S 1079, S 1080, S 1081, S 1125, S 1145, S 1048, S 1138, as amended, and S 1178, as amended, by State S 1053, S 1004, S 1044, S 1083, S 1085, S 1112, S 1111, S 1127, Affairs Committee, were read the second time at length and filed S 1084, S 1086, and S 1037, as amended, which have passed the for third reading. House. The Senate advanced to the Thirteenth Order of Business. MAULIN, Chief Clerk Third Reading of Bills S 1012, S 1013, S 1058, S 1135, S 1082, S 1071, S 1018, as amended, S 1019, S 1021, S 1022, S 1042, S 1078, S 1107, On request by Senator Winder, granted by unanimous S 1079, S 1080, S 1081, S 1125, S 1145, S 1048, S 1053, S 1004, consent, all Senate bills were placed at the head of the Third S 1044, S 1083, S 1085, S 1112, S 1111, S 1127, S 1084, S 1086, Reading Calendar, followed by House bills amended in the and S 1037, as amended, were referred to the Judiciary and Rules Senate, followed by House bills. Committee for enrolling. On request by Senator Winder, granted by unanimous March 14, 2019 consent, the Senate advanced to the Fifteenth Order of Business. Dear Madam President: Miscellaneous Business I transmit herewith Enrolled HCR 9, H 171, H 173, H 186, Senator Lodge was recorded present at this order of business. H 187, H 113, H 153, H 109, H 151, H 211, H 213, H 214, H 216, H 126, H 84, H 94, and H 182 for the signature of the President. On motion by Senator Winder, seconded by Senator Stennett, by voice vote, the Senate adjourned at 11:42 a.m. until the hour MAULIN, Chief Clerk of 10 a.m., Monday, March 18, 2019. [March 15, 2019 SENATE JOURNAL 211

JANICE MCGEACHIN, President Attest: JENNIFER NOVAK, Secretary 212 SENATE JOURNAL March 18, 2019]

SENATE JOURNAL ordered them transmitted to the House for the signature of the Speaker. OF THE March 18, 2019 IDAHO LEGISLATURE The FINANCE Committee reports out H 254, H 255, H 256, and H 257 with the recommendation that they do pass. FIRST REGULAR SESSION SIXTY-FIFTH LEGISLATURE BAIR, Chairman H 254, H 255, H 256, and H 257 were filed for second reading.

SEVENTY-FIRST LEGISLATIVE DAY March 18, 2019 MONDAY, MARCH 18, 2019 The JUDICIARY AND RULES Committee reports out H 30 and S 1124 with the recommendation that they do pass. Senate Chamber LAKEY, Chairman President McGeachin called the Senate to order at 10 a.m. H 30 and S 1124 were filed for second reading. Roll call showed all members present except Senator Lodge, absent and excused. March 18, 2019 Prayer was offered by Chaplain Montie Ralstin. The JUDICIARY AND RULES Committee reports out The Pledge of Allegiance was led by Alex Knowlton, Page. H 139 with the recommendation that it be referred to the Fourteenth Order of Business for amendment. The Senate advanced to the Third Order of Business. LAKEY, Chairman Reading and Correction of the Journal The JUDICIARY AND RULES Committee reports that the There being no objection, H 139 was referred to the Senate Journal of the proceedings of March 15, 2019, was read Fourteenth Order of Business, General Calendar. and approved as corrected. LAKEY, Chairman March 15, 2019 There being no objection, the report was adopted and ordered The JUDICIARY AND RULES Committee reports it has filed in the office of the Secretary of the Senate. had under consideration the Gubernatorial appointment listed below and the Committee recommends that said appointment be On request by Senator Winder, granted by unanimous confirmed by the Senate: consent, the Senate advanced to the Sixth Order of Business. Dr. David McClusky to the State Board of Correction, term Reports of Standing Committees to expire January 30, 2025. March 18, 2019 LAKEY, Chairman The JUDICIARY AND RULES Committee reports that The Gubernatorial appointment was referred to the Tenth SCR 111 has been correctly printed. Order of Business, Motions and Resolutions, and ordered held LAKEY, Chairman at the Secretary's desk for one legislative day. SCR 111 was referred to the Tenth Order of Business, Motions and Resolutions, and ordered held at the Secretary's March 18, 2019 desk for one legislative day. The STATE AFFAIRS Committee reports it has had under March 15, 2019 consideration the Gubernatorial appointment listed below and the Committee recommends that said appointment be confirmed by The JUDICIARY AND RULES Committee reports that the Senate: S 1012, S 1013, S 1058, S 1135, S 1082, S 1071, S 1018, as amended, S 1019, S 1021, S 1022, S 1042, S 1078, S 1107, Russell A. Ludlow to the Bingo-Raffle Advisory Board, term S 1079, S 1080, S 1081, S 1125, S 1145, S 1048, S 1053, S 1004, to expire January 31, 2025. S 1044, S 1083, S 1085, S 1112, S 1111, S 1127, S 1084, S 1086, and S 1037, as amended, have been correctly enrolled. LODGE, Chairman LAKEY, Chairman The Gubernatorial appointment was referred to the Tenth Order of Business, Motions and Resolutions, and ordered held The President signed Enrolled S 1012, S 1013, S 1058, at the Secretary's desk for one legislative day. S 1135, S 1082, S 1071, S 1018, as amended, S 1019, S 1021, S 1022, S 1042, S 1078, S 1107, S 1079, S 1080, S 1081, S 1125, S 1145, S 1048, S 1053, S 1004, S 1044, S 1083, S 1085, S 1112, On request by Senator Winder, granted by unanimous S 1111, S 1127, S 1084, S 1086, and S 1037, as amended, and consent, the Senate advanced to the Ninth Order of Business. [March 18, 2019 SENATE JOURNAL 213

Messages from the House The President announced that the Transportation Committee report relative to the Gubernatorial appointment of Mark H. March 15, 2019 Sweeney was before the Senate for final consideration, the Dear Madam President: question being, "Shall the report be adopted?" I transmit herewith H 260, H 261, H 262, H 263, and H 264, On motion by Senator Johnson, seconded by Senator Winder, which have passed the House. the Gubernatorial appointment of Mark H. Sweeney as a member of the Aeronautics Advisory Board was confirmed by voice vote. MAULIN, Chief Clerk The President declared the report adopted and directed the H 260, H 261, H 262, H 263, and H 264 were filed for first Secretary of the Senate to prepare a letter of the Gubernatorial reading. appointment confirmation for her signature, attested to by the March 18, 2019 Secretary, to be transmitted to the Governor informing him of the action of the Senate. Dear Madam President: The President announced that the Transportation Committee I return herewith S 1136, S 1043, S 1142, S 1005, as report relative to the Gubernatorial appointment of Robert Hoff amended, S 1117, S 1162, S 1164, S 1165, S 1167, S 1168, was before the Senate for final consideration, the question being, S 1169, S 1172, S 1054, S 1055, S 1069, and S 1096, which "Shall the report be adopted?" have passed the House. MAULIN, Chief Clerk On motion by Senator Mortimer, seconded by Senator Buckner-Webb, the Gubernatorial appointment of S 1136, S 1043, S 1142, S 1005, as amended, S 1117, S 1162, Robert Hoff as a member of the Idaho Transportation Board was S 1164, S 1165, S 1167, S 1168, S 1169, S 1172, S 1054, S 1055, confirmed by voice vote. S 1069, and S 1096 were referred to the Judiciary and Rules Committee for enrolling. The President declared the report adopted and directed the Secretary of the Senate to prepare a letter of the Gubernatorial March 15, 2019 appointment confirmation for her signature, attested to by the Dear Madam President: Secretary, to be transmitted to the Governor informing him of the action of the Senate. I transmit herewith Enrolled H 160, H 165, H 200, H 215, H 219, H 220, H 221, H 222, H 223, H 224, H 225, H 116, The President announced that the Commerce and Human H 112, H 150, H 227, H 124, H 158, as amended, H 230, H 231, Resources Committee report relative to the Gubernatorial and H 233 for the signature of the President. appointment of Gregory Donaca was before the Senate for final consideration, the question being, "Shall the report be adopted?" MAULIN, Chief Clerk On motion by Senator Martin, seconded by Senator Nye, the The President signed Enrolled H 160, H 165, H 200, H 215, Gubernatorial appointment of Gregory Donaca as a member of H 219, H 220, H 221, H 222, H 223, H 224, H 225, H 116, the Idaho Health Insurance Exchange Board was confirmed by H 112, H 150, H 227, H 124, H 158, as amended, H 230, H 231, voice vote. and H 233 and ordered them returned to the House. The President declared the report adopted and directed the March 15, 2019 Secretary of the Senate to prepare a letter of the Gubernatorial Dear Madam President: appointment confirmation for her signature, attested to by the Secretary, to be transmitted to the Governor informing him of I return herewith Enrolled S 1141, S 1143, S 1144, S 1147, the action of the Senate. S 1148, S 1149, S 1150, and S 1158, which have been signed by the Speaker. The President announced that the Commerce and Human Resources Committee report relative to the Gubernatorial MAULIN, Chief Clerk appointment of Nancy Merill was before the Senate for final Enrolled S 1141, S 1143, S 1144, S 1147, S 1148, S 1149, consideration, the question being, "Shall the report be adopted?" S 1150, and S 1158 were referred to the Judiciary and Rules Committee for transmittal to the Office of the Governor. On motion by Senator Grow, seconded by Senator Burgoyne, the Gubernatorial appointment of Nancy Merill as a member of The Senate advanced to the Tenth Order of Business. the Idaho Personnel Commission was confirmed by voice vote. Motions and Resolutions The President declared the report adopted and directed the On request by Senator Winder, granted by unanimous Secretary of the Senate to prepare a letter of the Gubernatorial consent, HCR 17 retained its place on the calendar for one appointment confirmation for her signature, attested to by the legislative day. Secretary, to be transmitted to the Governor informing him of the action of the Senate. The President announced that SCR 110 was before the Senate for final consideration, the question being, "Shall the The President announced that the Commerce and Human resolution be adopted?" Resources Committee report relative to the Gubernatorial appointment of Rod Higgins was before the Senate for final On motion by Senator Guthrie, seconded by consideration, the question being, "Shall the report be adopted?" Senator Ward-Engelking, SCR 110 was adopted by voice vote, title was approved, and the resolution ordered transmitted to Pursuant to Senate Rule 39(H), Senator Lakey disclosed a the House. possible conflict of interest under applicable law. 214 SENATE JOURNAL March 18, 2019]

On motion by Senator Grow, seconded by ADDITIONAL MONEYS TO THE DEPARTMENT OF FISH Senator Ward-Engelking, the Gubernatorial appointment of Rod AND GAME FOR FISCAL YEAR 2019; AND DECLARING Higgins as a member of the State Insurance Fund Board was AN EMERGENCY. confirmed by voice vote. S 1201 The President declared the report adopted and directed the BY STATE AFFAIRS COMMITTEE Secretary of the Senate to prepare a letter of the Gubernatorial AN ACT appointment confirmation for her signature, attested to by the RELATING TO THE HIGHWAY DISTRIBUTION ACCOUNT; Secretary, to be transmitted to the Governor informing him of AMENDING SECTION 40-701, IDAHO CODE, TO REVISE the action of the Senate. APPORTIONMENT PROVISIONS REGARDING THE The President announced that the Health and Welfare HIGHWAY DISTRIBUTION ACCOUNT. Committee report relative to the Gubernatorial appointment of S 1199, S 1200, and S 1201 were introduced, read the first Britt Raubenheimer was before the Senate for final consideration, time at length, and referred to the Judiciary and Rules Committee the question being, "Shall the report be adopted?" for printing. On motion by Senator Heider, seconded by Senator Jordan, H 260, H 261, H 262, H 263, and H 264, by Appropriations the Gubernatorial appointment of Britt Raubenheimer as a Committee, were introduced, read the first time at length, and member of the Commission for the Blind and Visually Impaired referred to the Finance Committee. was confirmed by voice vote. The Senate advanced to the Twelfth Order of Business. The President declared the report adopted and directed the Secretary of the Senate to prepare a letter of the Gubernatorial appointment confirmation for her signature, attested to by the Second Reading of Bills Secretary, to be transmitted to the Governor informing him of the action of the Senate. S 1197 and S 1198, by Finance Committee, were read the second time at length and filed for third reading. Senator Lodge was recorded present at this order of business. The Senate advanced to the Thirteenth Order of Business. The Senate advanced to the Eleventh Order of Business. Introduction, First Reading, and Reference of Bills, Third Reading of Bills House Petitions, Resolutions, and Memorials

S 1199 S 1187 was read the third time at length, section by section, BY FINANCE COMMITTEE and placed before the Senate for final consideration. Senator AN ACT Johnson arose as sponsor of the bill and opened the debate. The RELATING TO THE APPROPRIATION TO THE question being, "Shall the bill pass?" DEPARTMENT OF HEALTH AND WELFARE FOR Roll call resulted as follows: FISCAL YEAR 2020; APPROPRIATING MONEYS TO THE DEPARTMENT OF HEALTH AND WELFARE AYES–Agenbroad, Anthon, Bair, Bayer, Brackett, FOR THE DIVISIONS OF INDEPENDENT COUNCILS, Buckner-Webb, Burgoyne, Burtenshaw, Cheatham, Crabtree, INDIRECT SUPPORT SERVICES, HEALTH CARE POLICY Den Hartog, Grow, Guthrie, Harris, Heider, Hill, Johnson, INITIATIVES, AND LICENSING AND CERTIFICATION Jordan, Lakey, Lee, Lent, Lodge, Martin, Mortimer, Nelson, Nye, FOR FISCAL YEAR 2020; LIMITING THE NUMBER OF Patrick, Rice, Souza, Stennett, Thayn, Vick, Ward-Engelking, AUTHORIZED FULL-TIME EQUIVALENT POSITIONS; Winder, Woodward. Total - 35. PROVIDING FOR GENERAL FUND TRANSFERS TO THE COOPERATIVE WELFARE FUND; DIRECTING Whereupon the President declared S 1187 passed, title was EXPENDITURES FOR TRUSTEE AND BENEFIT approved, and the bill ordered transmitted to the House. PAYMENTS; PROVIDING REQUIREMENTS FOR S 1188 was read the third time at length, section by section, PROGRAM INTEGRITY; DIRECTING MEDICAID and placed before the Senate for final consideration. Senator TRACKING REPORTS; REQUIRING REPORTS FOR THE Johnson arose as sponsor of the bill and opened the debate. The MEDICAID PROGRAM INTEGRITY UNIT COLLECTIONS; question being, "Shall the bill pass?" DIRECTING PROGRAM TRANSFER REPORTS; REQUIRING A REPORT ON DEPARTMENT VACANCIES; Roll call resulted as follows: REQUIRING REPORTS ON HEALTH CARE PAYMENT REFORM; AND REQUIRING REPORTS ON FACILITY AYES–Agenbroad, Anthon, Bair, Bayer, Brackett, LICENSING AND CERTIFICATION. Buckner-Webb, Burgoyne, Burtenshaw, Cheatham, Crabtree, Den Hartog, Grow, Guthrie, Harris, Heider, Hill, Johnson, S 1200 Jordan, Lakey, Lee, Lent, Lodge, Martin, Mortimer, Nelson, Nye, BY FINANCE COMMITTEE Patrick, Rice, Souza, Stennett, Thayn, Vick, Ward-Engelking, AN ACT Winder, Woodward. Total - 35. RELATING TO THE APPROPRIATION TO THE Whereupon the President declared S 1188 passed, title was DEPARTMENT OF FISH AND GAME FOR FISCAL approved, and the bill ordered transmitted to the House. YEAR 2020; APPROPRIATING MONEYS TO THE DEPARTMENT OF FISH AND GAME FOR FISCAL S 1189 was read the third time at length, section by section, YEAR 2020; LIMITING THE NUMBER OF AUTHORIZED and placed before the Senate for final consideration. Senator FULL-TIME EQUIVALENT POSITIONS; PROVIDING Ward-Engelking arose as sponsor of the bill and opened the REAPPROPRIATION AUTHORITY; APPROPRIATING debate. The question being, "Shall the bill pass?" [March 18, 2019 SENATE JOURNAL 215

Roll call resulted as follows: Whereupon the President declared S 1192 passed, title was approved, and the bill ordered transmitted to the House. AYES–Agenbroad, Anthon, Bair, Brackett, Buckner-Webb, Burgoyne, Burtenshaw, Crabtree, Grow, Guthrie, Harris, Heider, On request by Senator Winder, granted by unanimous Hill, Johnson, Jordan, Lakey, Lee, Lent, Lodge, Martin, consent, S 1177 retained its place on the Third Reading Calendar Mortimer, Nelson, Nye, Patrick, Rice, Souza, Stennett, Thayn, for Wednesday, March 20, 2019. Ward-Engelking, Woodward. Total - 30. S 1126 was read the third time at length, section by section, NAYS–Bayer, Cheatham, Den Hartog, Vick, Winder. and placed before the Senate for final consideration. Senator Total - 5. Brackett 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 1189 passed, title was approved, and the bill ordered transmitted to the House. AYES–Agenbroad, Anthon, Bair, Bayer, Brackett, Buckner-Webb, Burgoyne, Burtenshaw, Cheatham, Crabtree, S 1190 was read the third time at length, section by section, Den Hartog, Grow, Guthrie, Harris, Heider, Hill, Johnson, and placed before the Senate for final consideration. Senator Jordan, Lakey, Lee, Lent, Lodge, Martin, Mortimer, Nelson, Nye, Crabtree arose as sponsor of the bill and opened the debate. The Patrick, Rice, Souza, Stennett, Thayn, Vick, Ward-Engelking, question being, "Shall the bill pass?" Winder, Woodward. Total - 35. Roll call resulted as follows: Whereupon the President declared S 1126 passed, title was AYES–Agenbroad, Anthon, Bair, Bayer, Brackett, approved, and the bill ordered transmitted to the House. Buckner-Webb, Burgoyne, Burtenshaw, Cheatham, Crabtree, S 1175 was read the third time at length, section by section, Den Hartog, Grow, Guthrie, Harris, Heider, Hill, Johnson, Jordan, and placed before the Senate for final consideration. Senator Lakey, Lee, Lent, Lodge, Mortimer, Nelson, Nye, Patrick, Souza, Buckner-Webb arose as sponsor of the bill and opened the Stennett, Thayn, Vick, Ward-Engelking, Winder, Woodward. debate. The question being, "Shall the bill pass?" Total - 33. Roll call resulted as follows: NAYS–Martin. Total - 1. AYES–Agenbroad, Anthon, Bair, Bayer, Brackett, Absent and excused–Rice. Total - 1. Buckner-Webb, Burgoyne, Burtenshaw, Cheatham, Crabtree, Total - 35. Den Hartog, Grow, Guthrie, Heider, Hill, Johnson, Jordan, Lakey, Lent, Lodge, Martin, Mortimer, Nelson, Nye, Patrick, Rice, Whereupon the President declared S 1190 passed, title was Souza, Stennett, Thayn, Ward-Engelking, Winder, Woodward. approved, and the bill ordered transmitted to the House. Total - 32. S 1191 was read the third time at length, section by section, NAYS–Harris, Lee, Vick. Total - 3. and placed before the Senate for final consideration. Senator Agenbroad arose as sponsor of the bill and opened the debate. Total - 35. The question being, "Shall the bill pass?" Whereupon the President declared S 1175 passed, title was Roll call resulted as follows: approved, and the bill ordered transmitted to the House. AYES–Agenbroad, Anthon, Bair, Bayer, Brackett, S 1138, as amended, was read the third time at length, section Buckner-Webb, Burgoyne, Burtenshaw, Cheatham, Crabtree, by section, and placed before the Senate for final consideration. Den Hartog, Grow, Guthrie, Harris, Heider, Hill, Johnson, Senator Patrick arose as sponsor of the bill and opened the debate. Jordan, Lakey, Lee, Lent, Lodge, Martin, Mortimer, Nelson, Nye, The question being, "Shall the bill pass?" Patrick, Rice, Souza, Stennett, Thayn, Vick, Ward-Engelking, Roll call resulted as follows: Winder, Woodward. Total - 35. AYES–Agenbroad, Anthon, Bair, Bayer, Brackett, Whereupon the President declared S 1191 passed, title was Buckner-Webb, Burgoyne, Burtenshaw, Cheatham, Crabtree, approved, and the bill ordered transmitted to the House. Den Hartog, Grow, Guthrie, Harris, Heider, Hill, Johnson, S 1192 was read the third time at length, section by section, Jordan, Lakey, Lee, Lent, Lodge, Martin, Mortimer, Nelson, Nye, and placed before the Senate for final consideration. Senator Patrick, Rice, Souza, Stennett, Thayn, Vick, Ward-Engelking, Johnson arose as sponsor of the bill and opened the debate. The Winder, Woodward. Total - 35. question being, "Shall the bill pass?" Whereupon the President declared S 1138, as Roll call resulted as follows: amended, passed, title was approved, and the bill ordered transmitted to the House. AYES–Agenbroad, Anthon, Bair, Bayer, Brackett, Buckner-Webb, Burgoyne, Burtenshaw, Cheatham, Crabtree, S 1178, as amended, was read the third time at length, section Grow, Harris, Heider, Hill, Johnson, Jordan, Lakey, Lee, Lent, by section, and placed before the Senate for final consideration. Lodge, Martin, Mortimer, Nelson, Nye, Patrick, Souza, Stennett, Senator Stennett arose as sponsor of the bill and opened the Thayn, Vick, Ward-Engelking, Winder, Woodward. Total - 32. debate. The question being, "Shall the bill pass?" NAYS–Den Hartog, Guthrie. Total - 2. Roll call resulted as follows: Absent and excused–Rice. Total - 1. AYES–Agenbroad, Anthon, Brackett, Buckner-Webb, Burgoyne, Burtenshaw, Cheatham, Grow, Guthrie, Harris, Total - 35. Heider, Hill, Johnson, Jordan, Lee, Lodge, Martin, Nelson, Nye, 216 SENATE JOURNAL March 18, 2019]

Patrick, Rice, Souza, Stennett, Thayn, Ward-Engelking, Winder, necessary improvements to the law and recommendations for Woodward. Total - 27. reform; and WHEREAS, the work of the interim committee was NAYS–Bair, Bayer, Crabtree, Den Hartog, Lakey, Lent, instrumental in helping to bring forward legislation that would Mortimer, Vick. Total - 8. ease occupational licensing barriers for military members, Total - 35. veterans, and the spouses of such individuals; and WHEREAS, issues related to occupational licensing Whereupon the President declared S 1178, as and certification laws continue to arise and pose challenges, amended, passed, title was approved, and the bill ordered opportunities, and concerns for the future of Idaho and its transmitted to the House. citizens; and On request by Senator Lee, granted by unanimous consent, WHEREAS, Governor Little issued Executive Order H 137, as amended, was referred to the Fourteenth Order of No. 2019-01 (the "Licensing Freedom Act of 2019"), further Business, General Calendar. identifying as legislative priorities the addition of sunset and sunrise provisions in occupational licensing and certification On request by Senator Winder, granted by unanimous laws; and consent, the Senate returned to the Fourth Order of Business. WHEREAS, further interim committee review of licensing and certification laws is deemed necessary, including but not Reading of Communications limited to review and assessment of the final results of Executive On request by Senator Winder, granted by unanimous Order No. 2017-06, the addition of sunrise and sunset provisions consent, the Senate advanced to the Fifth Order of Business. to occupational licensing and certification laws, and the review of occupational licensing and certification laws in general in Petitions, Resolutions, and Memorials order to determine, as applicable, how the Legislature may be able to ease occupational licensing barriers while still protecting On motion by Senator Winder, seconded by Senator Stennett, the public health and safety. by voice vote the Senate recessed at 12:04 p.m. until the hour of NOW, THEREFORE, BE IT RESOLVED by the members 4 p.m. of this day. of the First Regular Session of the Sixty-fifth Idaho Legislature, RECESS the Senate and the House of Representatives concurring therein, AFTERNOON SESSION that the Legislative Council is authorized to appoint a committee to continue the efforts to undertake and complete a review The Senate reconvened at 4 p.m., pursuant to recess, of licensing and certification laws in Idaho, including the President McGeachin presiding. final results of Executive Order No. 2017-06, the necessity of Roll call showed all members present except Senators occupational licensing laws and rules in Idaho, and the priorities Anthon and Johnson, absent and formally excused by the Chair; identified in the Licensing Freedom Act of 2019, including sunset and Senator Thayn, absent and excused. and sunrise provisions. The Legislative Council shall determine the number of legislators and membership from each house Prior to recess the Senate was at the Fifth Order of Business, appointed to the committee and shall authorize the committee to Petitions, Resolutions, and Memorials. receive input, advice, and assistance from interested and affected parties who are not members of the Legislature. SCR 112 BE IT FURTHER RESOLVED that the committee shall BY JUDICIARY AND RULES COMMITTEE report its findings, recommendations, and proposed legislation, A CONCURRENT RESOLUTION if any, to the First Regular Session of the Sixty-sixth Idaho STATING FINDINGS OF THE LEGISLATURE AND Legislature. AUTHORIZING THE LEGISLATIVE COUNCIL TO APPOINT A COMMITTEE TO CONTINUE TO UNDERTAKE SCR 112 was introduced, read at length, and referred to the A STUDY OF OCCUPATIONAL LICENSING AND Judiciary and Rules Committee for printing. CERTIFICATION LAWS AND RULES IN IDAHO. The Senate advanced to the Sixth Order of Business. Be It Resolved by the Legislature of the State of Idaho: Reports of Standing Committees WHEREAS, the Occupational Licensing and Certification Laws Interim Committee was authorized by the members of the March 18, 2019 Second Regular Session of the Sixty-fourth Idaho Legislature for The JUDICIARY AND RULES Committee reports that the purpose of undertaking and completing a review of relevant S 1199, S 1200, and S 1201 have been correctly printed. reports submitted to the Governor's office pursuant to Executive Order No. 2017-06 (the "Licensing Freedom Act of 2017") and LAKEY, Chairman to examine the necessity of such laws and rules; and WHEREAS, Executive Order No. 2017-06 required the S 1199 and S 1200 were referred to the Finance Committee. executive departments of the State of Idaho to submit results to the Governor's office by July 1, 2018, containing suggestions S 1201 was referred to the Transportation Committee. regarding occupational licensing requirements, including whether March 18, 2019 such requirements could be modified or eliminated; and WHEREAS, the final results of Executive Order No. 2017-06 The JUDICIARY AND RULES Committee reports that were not available until October 19, 2018, limiting the amount of S 1136, S 1043, S 1142, S 1005, as amended, S 1117, S 1162, time that the interim committee had to study such information; S 1164, S 1165, S 1167, S 1168, S 1169, S 1172, S 1054, S 1055, and S 1069, and S 1096 have been correctly enrolled. WHEREAS, the study of Idaho's occupational licensing and certification laws conducted by the interim committee identified LAKEY, Chairman [March 18, 2019 SENATE JOURNAL 217

The President signed Enrolled S 1136, S 1043, S 1142, The correspondence was ordered filed in the office of the S 1005, as amended, S 1117, S 1162, S 1164, S 1165, S 1167, Secretary of the Senate. S 1168, S 1169, S 1172, S 1054, S 1055, S 1069, and S 1096 and ordered them transmitted to the House for the signature of the On request by Senator Winder, granted by unanimous Speaker. consent, the Senate advanced to the Thirteenth Order of Business. March 18, 2019 Third Reading of Bills The JUDICIARY AND RULES Committee reports that On request by Senator Winder, granted by unanimous Enrolled S 1141, S 1143, S 1144, S 1147, S 1148, S 1149, consent, H 107, as amended in the Senate, retained its place on S 1150, and S 1158 were delivered to the Office of the Governor the Third Reading Calendar for Wednesday, March 20, 2019. at 11:25 a.m., March 18, 2019. H 118, as amended, as amended in the Senate, was read the LAKEY, Chairman third time at length, section by section, and placed before the Senate for final consideration. Senator Lodge arose as sponsor of The report was ordered filed in the office of the Secretary of the bill and opened the debate. The question being, "Shall the bill the Senate. pass?" March 18, 2019 Roll call resulted as follows: The FINANCE Committee reports out H 260, H 261, H 262, AYES–Agenbroad, Bair, Bayer, Brackett, Buckner-Webb, H 263, H 264, S 1199, and S 1200 with the recommendation that Burgoyne, Burtenshaw, Cheatham, Crabtree, Den Hartog, Grow, they do pass. Guthrie, Harris, Heider, Hill, Jordan, Lakey, Lee, Lent, Lodge, Martin, Mortimer, Nelson, Nye, Patrick, Rice, Souza, Stennett, BAIR, Chairman Thayn, Vick, Ward-Engelking, Winder, Woodward. Total - 33. H 260, H 261, H 262, H 263, H 264, S 1199, and NAYS–None. S 1200 were filed for second reading. Absent and excused–Anthon, Johnson. Total - 2. March 18, 2019 Total - 35. The RESOURCES AND ENVIRONMENT Committee reports it has had under consideration the Gubernatorial Whereupon the President declared H 118, as amended, as appointments listed below and the Committee recommends that amended in the Senate, passed, title was approved, and the bill said appointments be confirmed by the Senate: ordered returned to the House. Betty Coppersmith to the Oil and Gas Conservation H 93, as amended in the Senate, was read the third time Commission, term to expire July 1, 2020. at length, section by section, and placed before the Senate for final consideration. Senator Lent arose as sponsor of the bill and Jeffery Allen to the Northwest Power and Conservation opened the debate. The question being, "Shall the bill pass?" Council, term to expire February 19, 2022. Roll call resulted as follows: Scott Pugrud as the Administrator of the Office of Species Conservation, term to continue at the pleasure of the Governor. AYES–Agenbroad, Bair, Bayer, Brackett, Buckner-Webb, Burgoyne, Burtenshaw, Cheatham, Crabtree, Den Hartog, Grow, HEIDER, Chairman Guthrie, Harris, Heider, Hill, Jordan, Lakey, Lee, Lent, Lodge, The Gubernatorial appointments were referred to the Tenth Martin, Mortimer, Nelson, Nye, Patrick, Rice, Souza, Stennett, Order of Business, Motions and Resolutions, and ordered held at Thayn, Vick, Ward-Engelking, Winder, Woodward. Total - 33. the Secretary's desk for one legislative day. NAYS–None. On request by Senator Winder, granted by unanimous consent, the Senate advanced to the Eighth Order of Business. Absent and excused–Anthon, Johnson. Total - 2. Messages from the Governor Total - 35. March 18, 2019 Whereupon the President declared H 93, as amended in the Senate, passed, title was approved, and the bill ordered returned The Honorable Janice McGeachin to the House. President of the Senate Idaho Legislature H 97 was read the third time at length, section by section, and placed before the Senate for final consideration. Senator Patrick Dear Madam President: arose as sponsor of the bill and opened the debate. The question being, "Shall the bill pass?" I have the honor to inform you that I have signed today and am transmitting to the Secretary of State the following Senate Roll call resulted as follows: Bills, to wit: AYES–Agenbroad, Bair, Bayer, Brackett, Buckner-Webb, S 1143, S 1144, S 1147, S 1148, S 1149, and Burtenshaw, Cheatham, Crabtree, Den Hartog, Grow, Guthrie, S 1150 Harris, Heider, Hill, Jordan, Lakey, Lee, Lent, Lodge, Martin, Mortimer, Nelson, Nye, Patrick, Rice, Souza, Stennett, Thayn, Sincerely, Vick, Ward-Engelking, Winder, Woodward. Total - 32. /s/ Brad Little Governor of Idaho NAYS–Burgoyne. Total - 1. 218 SENATE JOURNAL March 18, 2019]

Absent and excused–Anthon, Johnson. Total - 2. Absent and excused–Anthon, Johnson. Total - 2. Total - 35. Total - 35. Whereupon the President declared H 97 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. H 180 was read the third time at length, section by section, S 1197 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 Harris arose as sponsor of the bill and opened the debate. The Burtenshaw 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–Agenbroad, Brackett, Buckner-Webb, Burgoyne, AYES–Agenbroad, Bair, Bayer, Brackett, Buckner-Webb, Burtenshaw, Cheatham, Guthrie, Harris, Heider, Hill, Jordan, Burgoyne, Burtenshaw, Cheatham, Crabtree, Den Hartog, Grow, Lee, Lodge, Martin, Nelson, Nye, Rice, Souza, Stennett, Vick, Guthrie, Harris, Heider, Hill, Jordan, Lakey, Lee, Lent, Lodge, Ward-Engelking, Winder. Total - 22. Martin, Mortimer, Nelson, Nye, Patrick, Rice, Souza, Stennett, NAYS–Bair, Bayer, Crabtree, Den Hartog, Grow, Lakey, Thayn, Vick, Ward-Engelking, Winder, Woodward. Total - 33. Lent, Mortimer, Patrick, Thayn, Woodward. Total - 11. NAYS–None. Absent and excused–Anthon, Johnson. Total - 2. Absent and excused–Anthon, Johnson. Total - 2. Total - 35. Total - 35. Whereupon the President declared H 180 passed, title was approved, and the bill ordered returned to the House. Whereupon the President declared S 1197 passed, title was approved, and the bill ordered transmitted to the House. H 176 was read the third time at length, section by section, and placed before the Senate for final consideration. Senator Lent Moved by Senator Winder, seconded by Senator Stennett, arose as sponsor of the bill and opened the debate. The question that all rules of the Senate interfering with the immediate being, "Shall the bill pass?" consideration of S 1198 be suspended. The question being, "Shall the rules be suspended?" Roll call resulted as follows: Roll call resulted as follows: AYES–Agenbroad, Bair, Bayer, Brackett, Buckner-Webb, Burgoyne, Burtenshaw, Cheatham, Crabtree, Den Hartog, Grow, AYES–Agenbroad, Bair, Bayer, Brackett, Buckner-Webb, Guthrie, Harris, Heider, Hill, Jordan, Lakey, Lee, Lent, Lodge, Burgoyne, Burtenshaw, Cheatham, Crabtree, Den Hartog, Grow, Martin, Mortimer, Nelson, Nye, Patrick, Rice, Souza, Stennett, Guthrie, Harris, Heider, Hill, Jordan, Lakey, Lee, Lent, Lodge, Thayn, Vick, Ward-Engelking, Winder, Woodward. Total - 33. Martin, Mortimer, Nelson, Nye, Patrick, Rice, Souza, Stennett, NAYS–None. Thayn, Vick, Ward-Engelking, Winder, Woodward. Total - 33. Absent and excused–Anthon, Johnson. Total - 2. NAYS–None. Total - 35. Absent and excused–Anthon, Johnson. Total - 2. Whereupon the President declared H 176 passed, title was Total - 35. approved, and the bill ordered returned to the House. More than two-thirds having voted in the affirmative, the On request by Senator Winder, granted by unanimous President declared the rules suspended and announced that consent, H 245 and H 246 retained their place on the Third S 1198 was before the Senate for final consideration. Reading Calendar for one legislative day. S 1198 was read the third time at length, section by section, Motion to Suspend Rules and placed before the Senate for final consideration. Senator Moved by Senator Winder, seconded by Senator Stennett, Burtenshaw arose as sponsor of the bill and opened the debate. that all rules of the Senate interfering with the immediate passage The question being, "Shall the bill pass?" of S 1197 be suspended; that the portions of Section 15, Article Roll call resulted as follows: 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 AYES–Agenbroad, Bair, Bayer, Brackett, Buckner-Webb, urgency, and that S 1197 be read the third time at length, section Burgoyne, Burtenshaw, Cheatham, Crabtree, Den Hartog, Grow, by section, and be put upon its final passage. The question being, Guthrie, Harris, Heider, Hill, Jordan, Lakey, Lee, Lent, Lodge, "Shall the rules be suspended?" Martin, Mortimer, Nelson, Nye, Patrick, Rice, Souza, Stennett, Thayn, Vick, Ward-Engelking, Winder, Woodward. Total - 33. Roll call resulted as follows: NAYS–None. AYES–Agenbroad, Bair, Bayer, Brackett, Buckner-Webb, Burgoyne, Burtenshaw, Cheatham, Crabtree, Den Hartog, Grow, Absent and excused–Anthon, Johnson. Total - 2. Guthrie, Harris, Heider, Hill, Jordan, Lakey, Lee, Lent, Lodge, Martin, Mortimer, Nelson, Nye, Patrick, Rice, Souza, Stennett, Total - 35. Thayn, Vick, Ward-Engelking, Winder, Woodward. Total - 33. Whereupon the President declared S 1198 passed, title was NAYS–None. approved, and the bill ordered transmitted to the House. [March 18, 2019 SENATE JOURNAL 219

H 167 was read the third time at length, section by section, Miscellaneous Business and placed before the Senate for final consideration. Senator Crabtree arose as sponsor of the bill and opened the debate. The On motion by Senator Winder, seconded by Senator Stennett, question being, "Shall the bill pass?" by voice vote, the Senate adjourned at 5:19 p.m. until the hour of 9:30 a.m., Tuesday, March 19, 2019. Roll call resulted as follows: JANICE MCGEACHIN, President AYES–Agenbroad, Bair, Bayer, Brackett, Buckner-Webb, Burgoyne, Burtenshaw, Cheatham, Crabtree, Den Hartog, Grow, Attest: JENNIFER NOVAK, Secretary Guthrie, Harris, Heider, Hill, Jordan, Lakey, Lee, Lent, Lodge, Martin, Mortimer, Nelson, Nye, Patrick, Rice, Souza, Stennett, Thayn, Vick, Ward-Engelking, Winder, Woodward. Total - 33. NAYS–None. Absent and excused–Anthon, Johnson. Total - 2. Total - 35. Whereupon the President declared H 167 passed, title was approved, and the bill ordered returned to the House. H 168 was read the third time at length, section by section, and placed before the Senate for final consideration. Senator Crabtree arose as sponsor of the bill and opened the debate. The question being, "Shall the bill pass?" Roll call resulted as follows: AYES–Agenbroad, Bair, Bayer, Brackett, Buckner-Webb, Burgoyne, Burtenshaw, Cheatham, Crabtree, Den Hartog, Grow, Guthrie, Harris, Heider, Hill, Jordan, Lakey, Lee, Lent, Lodge, Martin, Mortimer, Nelson, Nye, Patrick, Rice, Souza, Stennett, Thayn, Vick, Ward-Engelking, Winder, Woodward. Total - 33. NAYS–None. Absent and excused–Anthon, Johnson. Total - 2. Total - 35. Whereupon the President declared H 168 passed, title was approved, and the bill ordered returned to the House. H 144 was read the third time at length, section by section, and placed before the Senate for final consideration. Senator Guthrie arose as sponsor of the bill and opened the debate. The question being, "Shall the bill pass?" Roll call resulted as follows: AYES–Agenbroad, Bair, Bayer, Brackett, Buckner-Webb, Burgoyne, Burtenshaw, Cheatham, Crabtree, Den Hartog, Grow, Guthrie, Harris, Heider, Hill, Jordan, Lakey, Lee, Lent, Lodge, Martin, Mortimer, Nelson, Nye, Patrick, Rice, Souza, Stennett, Thayn, Vick, Ward-Engelking, Winder, Woodward. Total - 33. NAYS–None. Absent and excused–Anthon, Johnson. Total - 2. Total - 35. Whereupon the President declared H 144 passed, title was approved, and the bill ordered returned to the House. On request by Senator Winder, granted by unanimous consent, H 192 was placed at the top of the Third Reading Calendar, followed by Senate bills, followed by House bills. On request by Senator Winder, granted by unanimous consent, the Senate advanced to the Fifteenth Order of Business. 220 SENATE JOURNAL March 19, 2019]

SENATE JOURNAL I have the honor to inform you that I have appointed Christopher P. Mathias of Boise, Idaho, to be Acting State OF THE Senator for Legislative District 19, Ada, State of Idaho. This appointment is effective March 19, 2019, and expiring IDAHO LEGISLATURE March 22, 2019. FIRST REGULAR SESSION Sincerely, SIXTY-FIFTH LEGISLATURE /s/ Brad Little Governor

THE OFFICE OF THE GOVERNOR SEVENTY-SECOND LEGISLATIVE DAY EXECUTIVE DEPARTMENT TUESDAY, MARCH 19, 2019 BOISE, IDAHO CERTIFICATE OF APPOINTMENT KNOW ALL MEN, by these Presents, that pursuant Senate Chamber to the provisions of Section 59-917, Idaho Code, Cherie President McGeachin called the Senate to order at 9:30 a.m. Buckner-Webb, State Senator, District 19, Ada, State of Idaho, has nominated Christopher P. Mathias of Boise, Idaho, to perform Roll call showed all members present except Senators the duties of this office temporarily as Acting State Senator, Buckner-Webb and Lee, absent and formally excused by the District 19, Ada. Chair; and Senator Patrick, absent and excused. NOW, THEREFORE, I, Brad Little, Governor of the State of Prayer was offered by Chaplain Montie Ralstin. Idaho, by virtue of the authority vested in me do hereby appoint Christopher P. Mathias to the office of State Senator, District 19, The Pledge of Allegiance was led by Taylor McMullin, Page. Ada, State of Idaho, for a term commencing on March 19, 2019, and expiring March 22, 2019. The Senate advanced to the Third Order of Business. IN TESTIMONY WHEREOF, I have hereunto set my hand Reading and Correction of the Journal and caused to be affixed the Great Seal of the State of Idaho. The JUDICIARY AND RULES Committee reports that the Done at Boise, the Capital of Idaho, this Eighteenth day of Senate Journal of the proceedings of March 18, 2019, was read March, in the year of our Lord two thousand and nineteen and and approved as corrected. of the Independence of the United States of America, the two LAKEY, Chairman hundred and forty-third year. There being no objection, the report was adopted and ordered /s/ BY THE GOVERNOR BRAD LITTLE filed in the office of the Secretary of the Senate. /s/ SECRETARY OF STATE LAWERENCE DENNEY On request by Senator Winder, granted by unanimous The correspondence and Certificate of Appointment were consent, the Senate advanced to the Sixth Order of Business. ordered filed in the office of the Secretary of the Senate. Reports of Standing Committees The President announced that the Oath of Office had been administered previously to Acting Senator Mathias, and he was March 19, 2019 recorded present at this order of business. The JUDICIARY AND RULES Committee reports that The Senate advanced to the Ninth Order of Business. SCR 112 has been correctly printed. Messages from the House LAKEY, Chairman March 18, 2019 SCR 112 was referred to the Tenth Order of Business, Motions and Resolutions, and ordered held at the Secretary's Dear Madam President: desk for one legislative day. I transmit herewith H 122, H 259, H 267, H 268, H 266, and On request by Senator Winder, granted by unanimous HCR 23, which have passed the House. consent, the Senate advanced to the Eighth Order of Business. MAULIN, Chief Clerk

Messages from the Governor H 122, H 259, H 267, H 268, H 266, and HCR 23 were filed for first reading. March 18, 2019 March 18, 2019 The Honorable Janice McGeachin President of the Senate Dear Madam President: Idaho Legislature I return herewith S 1155, S 1119, S 1097, S 1011, S 1170, Dear Madam President: and S 1059, which have passed the House. [March 19, 2019 SENATE JOURNAL 221

MAULIN, Chief Clerk appointment confirmation for her signature, attested to by the Secretary, to be transmitted to the Governor informing him of S 1155, S 1119, S 1097, S 1011, S 1170, and S 1059 were the action of the Senate. referred to the Judiciary and Rules Committee for enrolling. The President announced that the State Affairs Committee March 18, 2019 report relative to the Gubernatorial appointment of Russell Dear Madam President: A. Ludlow was before the Senate for final consideration, the question being, "Shall the report be adopted?" I transmit herewith Enrolled H 212, H 232, H 234, H 235, H 236, H 237, H 238, H 114, H 117, and H 181 for the signature On motion by Senator Anthon, seconded by of the President. Senator Ward-Engelking, the Gubernatorial appointment of Russell A. Ludlow as a member of the Bingo-Raffle Advisory MAULIN, Chief Clerk Board was confirmed by voice vote. The President signed Enrolled H 212, H 232, H 234, H 235, The President declared the report adopted and directed the H 236, H 237, H 238, H 114, H 117, and H 181 and ordered them Secretary of the Senate to prepare a letter of the Gubernatorial returned to the House. appointment confirmation for her signature, attested to by the Secretary, to be transmitted to the Governor informing him of The Senate advanced to the Tenth Order of Business. the action of the Senate. Motions and Resolutions The President announced that the Resources and The President announced that HCR 17 was before the Senate Environment Committee report relative to the Gubernatorial for final consideration, the question being, "Shall the resolution appointment of Betty Coppersmith was before the Senate for be adopted?" final consideration, the question being, "Shall the report be adopted?" On motion by Senator Rice, seconded by Senator Jordan, HCR 17 was adopted by voice vote, title was approved, and the On motion by Senator Bair, seconded by Senator Nelson, the resolution ordered returned to the House. Gubernatorial appointment of Betty Coppersmith as a member of the Oil and Gas Conservation Commission was confirmed by The President announced that SCR 111 was before the Senate voice vote. for final consideration. The President declared the report adopted and directed the On motion by Senator Winder, seconded by Secretary of the Senate to prepare a letter of the Gubernatorial Senator Ward-Engelking, that SCR 111 be adopted. The question appointment confirmation for her signature, attested to by the being, "Shall the resolution be adopted?" Secretary, to be transmitted to the Governor informing him of the action of the Senate. Roll call resulted as follows: The President announced that the Resources and AYES–Agenbroad, Anthon, Brackett, Burgoyne, Environment Committee report relative to the Gubernatorial Burtenshaw, Crabtree, Harris, Hill, Johnson, Jordan, Lakey, Lent, appointment of Jeffery Allen was before the Senate for final Lodge, Martin, Mathias (Buckner-Webb), Mortimer, Nelson, consideration, the question being, "Shall the report be adopted?" Nye, Rice, Souza, Stennett, Thayn, Vick, Ward-Engelking, Winder, Woodward. Total - 26. On motion by Senator Heider, seconded by Senator Jordan, the Gubernatorial appointment of Jeffery Allen as a member of NAYS–Bair, Bayer, Cheatham, Den Hartog, Grow, Guthrie, the Northwest Power and Conservation Council was confirmed Heider. Total - 7. by voice vote. Absent and excused–Lee, Patrick. Total - 2. The President declared the report adopted and directed the Total - 35. Secretary of the Senate to prepare a letter of the Gubernatorial appointment confirmation for her signature, attested to by the Whereupon the President declared SCR 111 adopted, title Secretary, to be transmitted to the Governor informing him of was approved, and the resolution ordered transmitted to the the action of the Senate. House. The President announced that the Resources and On request by Senator Lakey, granted by unanimous consent, Environment Committee report relative to the Gubernatorial the Joint Publishing Committee report retained its place on the appointment of Scott Pugrud was before the Senate for final calendar. consideration, the question being, "Shall the report be adopted?" The President announced that the Judiciary and Rules On motion by Senator Brackett, seconded by Committee report relative to the Gubernatorial appointment of Dr. Senator Stennett, the Gubernatorial appointment of Scott Pugrud David McClusky was before the Senate for final consideration, as the Administrator of the Office of Species Conservation was the question being, "Shall the report be adopted?" confirmed by voice vote. On motion by Senator Heider, seconded by Senator Jordan, The President declared the report adopted and directed the the Gubernatorial appointment of Dr. David McClusky as a Secretary of the Senate to prepare a letter of the Gubernatorial member of the State Board of Correction was confirmed by appointment confirmation for her signature, attested to by the voice vote. Secretary, to be transmitted to the Governor informing him of the action of the Senate. The President declared the report adopted and directed the Secretary of the Senate to prepare a letter of the Gubernatorial The Senate advanced to the Eleventh Order of Business. 222 SENATE JOURNAL March 19, 2019]

Introduction, First Reading, and Reference of Bills, AYES–Agenbroad, Anthon, Bair, Bayer, Brackett, Burgoyne, House Petitions, Resolutions, and Memorials Burtenshaw, Cheatham, Crabtree, Den Hartog, Grow, Guthrie, Harris, Heider, Hill, Johnson, Jordan, Lakey, Lent, Lodge, H 122, by Agricultural Affairs Committee, was introduced, Martin, Mathias (Buckner-Webb), Mortimer, Nelson, Nye, read the first time at length, and referred to the State Affairs Patrick, Rice, Souza, Stennett, Thayn, Vick, Ward-Engelking, Committee. Winder, Woodward. Total - 34. H 259, by Revenue and Taxation Committee, was NAYS–None. introduced, read the first time at length, and referred to the Local Government and Taxation Committee. Absent and excused–Lee. Total - 1. H 267 and H 268, by Appropriations Committee, were Total - 35. introduced, read the first time at length, and referred to the Finance Committee. Whereupon the President declared H 245 passed, title was approved, and the bill ordered returned to the House. H 266, by Ways and Means Committee, was introduced, read the first time at length, and referred to the Judiciary and Rules H 246 was read the third time at length, section by section, Committee. and placed before the Senate for final consideration. Senator HCR 23, by Environment, Energy and Technology Johnson arose as sponsor of the bill and opened the debate. The Committee, was introduced, read the first time at length, and question being, "Shall the bill pass?" referred to the Health and Welfare Committee. Roll call resulted as follows: The Senate advanced to the Twelfth Order of Business. AYES–Agenbroad, Anthon, Bair, Bayer, Brackett, Burgoyne, Second Reading of Bills Burtenshaw, Cheatham, Crabtree, Den Hartog, Grow, Guthrie, Harris, Heider, Hill, Johnson, Jordan, Lakey, Lent, Lodge, On request by Senator Burgoyne, granted by unanimous Martin, Mathias (Buckner-Webb), Mortimer, Nelson, Nye, consent, H 30 was referred to the Fourteenth Order of Business, Patrick, Rice, Souza, Stennett, Thayn, Vick, Ward-Engelking, General Calendar. Winder, Woodward. Total - 34. On request by Senator Lakey, granted by unanimous consent, NAYS–None. S 1124 was referred to the Fourteenth Order of Business, General Calendar. Absent and excused–Lee. Total - 1. H 254, H 255, H 256, H 257, H 260, H 261, H 262, H 263, Total - 35. and H 264, by Appropriations Committee, were read the second time at length and filed for third reading. Whereupon the President declared H 246 passed, title was approved, and the bill ordered returned to the House. S 1199 and S 1200, by Finance Committee, were read the second time at length and filed for third reading. H 177 was read the third time at length, section by section, and placed before the Senate for final consideration. Senator The Senate advanced to the Thirteenth Order of Business. Lakey arose as sponsor of the bill and opened the debate. The Third Reading of Bills question being, "Shall the bill pass?" H 192 was read the third time at length, section by section, Roll call resulted as follows: and placed before the Senate for final consideration. Senator Heider arose as sponsor of the bill and opened the debate. The AYES–Agenbroad, Anthon, Bair, Bayer, Brackett, Burgoyne, question being, "Shall the bill pass?" Burtenshaw, Cheatham, Crabtree, Den Hartog, Grow, Guthrie, Harris, Heider, Hill, Johnson, Jordan, Lakey, Lent, Lodge, Roll call resulted as follows: Martin, Mathias (Buckner-Webb), Mortimer, Nelson, Nye, Patrick, Rice, Souza, Stennett, Thayn, Vick, Ward-Engelking, AYES–Agenbroad, Anthon, Bair, Bayer, Brackett, Burgoyne, Winder, Woodward. Total - 34. Burtenshaw, Cheatham, Crabtree, Den Hartog, Grow, Guthrie, Harris, Heider, Hill, Johnson, Jordan, Lakey, Lent, Lodge, NAYS–None. Martin, Mathias (Buckner-Webb), Mortimer, Nelson, Nye, Patrick, Rice, Souza, Stennett, Thayn, Vick, Ward-Engelking, Absent and excused–Lee. Total - 1. Winder, Woodward. Total - 34. Total - 35. NAYS–None. Whereupon the President declared H 177 passed, title was Absent and excused–Lee. Total - 1. approved, and the bill ordered returned to the House. Total - 35. H 164 was read the third time at length, section by section, Whereupon the President declared H 192 passed, title was and placed before the Senate for final consideration. Senator approved, and the bill ordered returned to the House. Mortimer arose as sponsor of the bill and opened the debate. The question being, "Shall the bill pass?" H 245 was read the third time at length, section by section, and placed before the Senate for final consideration. Senator Roll call resulted as follows: Johnson arose as sponsor of the bill and opened the debate. The question being, "Shall the bill pass?" AYES–Agenbroad, Anthon, Bair, Bayer, Brackett, Burgoyne, Burtenshaw, Cheatham, Crabtree, Den Hartog, Grow, Guthrie, Roll call resulted as follows: Harris, Heider, Hill, Johnson, Jordan, Lakey, Lent, Lodge, [March 19, 2019 SENATE JOURNAL 223

Martin, Mathias (Buckner-Webb), Mortimer, Nelson, Nye, Martin, Mathias (Buckner-Webb), Mortimer, Nelson, Nye, Patrick, Rice, Souza, Stennett, Thayn, Vick, Ward-Engelking, Patrick, Rice, Souza, Stennett, Thayn, Vick, Ward-Engelking, Winder, Woodward. Total - 34. Winder, Woodward. Total - 34. NAYS–None. NAYS–None. Absent and excused–Lee. Total - 1. Absent and excused–Lee. Total - 1. Total - 35. Total - 35. Whereupon the President declared H 164 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. H 184 was read the third time at length, section by section, S 1199 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 Agenbroad 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–Agenbroad, Anthon, Bair, Bayer, Brackett, AYES–Agenbroad, Anthon, Bair, Bayer, Brackett, Burgoyne, Burtenshaw, Cheatham, Crabtree, Grow, Guthrie, Harris, Burtenshaw, Cheatham, Crabtree, Den Hartog, Grow, Guthrie, Heider, Hill, Johnson, Lakey, Lent, Lodge, Martin, Mathias Harris, Heider, Hill, Johnson, Jordan, Lakey, Lent, Lodge, (Buckner-Webb), Mortimer, Nelson, Nye, Patrick, Rice, Souza, Martin, Mathias (Buckner-Webb), Mortimer, Nelson, Nye, Thayn, Vick, Ward-Engelking, Woodward. Total - 29. Patrick, Rice, Souza, Stennett, Thayn, Vick, Ward-Engelking, Winder, Woodward. Total - 34. NAYS–Burgoyne, Den Hartog, Jordan, Stennett, Winder. Total - 5. NAYS–None. Absent and excused–Lee. Total - 1. Absent and excused–Lee. Total - 1. Total - 35. Total - 35. Whereupon the President declared H 184 passed, title was Whereupon the President declared S 1199 passed, title was approved, and the bill ordered returned to the House. approved, and the bill ordered transmitted to the House. H 201 was read the third time at length, section by section, Moved by Senator Winder, seconded by Senator Stennett, and placed before the Senate for final consideration. Senator that all rules of the Senate interfering with the immediate Harris arose as sponsor of the bill and opened the debate. The consideration of S 1200 be suspended. The question being, question being, "Shall the bill pass?" "Shall the rules be suspended?" Roll call resulted as follows: Roll call resulted as follows: AYES–Agenbroad, Anthon, Bair, Bayer, Brackett, AYES–Agenbroad, Anthon, Bair, Bayer, Brackett, Burgoyne, Burtenshaw, Grow, Guthrie, Harris, Heider, Hill, Johnson, Burtenshaw, Cheatham, Crabtree, Den Hartog, Grow, Guthrie, Jordan, Lakey, Lodge, Martin, Mathias (Buckner-Webb), Harris, Heider, Hill, Johnson, Jordan, Lakey, Lent, Lodge, Mortimer, Nelson, Nye, Patrick, Rice, Souza, Stennett, Thayn, Martin, Mathias (Buckner-Webb), Mortimer, Nelson, Nye, Ward-Engelking, Winder. Total - 27. Patrick, Rice, Souza, Stennett, Thayn, Vick, Ward-Engelking, Winder, Woodward. Total - 34. NAYS–Burgoyne, Cheatham, Crabtree, Den Hartog, Lent, Vick, Woodward. Total - 7. NAYS–None. Absent and excused–Lee. Total - 1. Absent and excused–Lee. Total - 1. Total - 35. Total - 35. Whereupon the President declared H 201 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 1200 was before the Senate for final consideration. Motion to Suspend Rules S 1200 was read the third time at length, section by section, Moved by Senator Winder, seconded by Senator Stennett, and placed before the Senate for final consideration. Senator that all rules of the Senate interfering with the immediate passage Burtenshaw arose as sponsor of the bill and opened the debate. of S 1199 be suspended; that the portions of Section 15, Article The question being, "Shall the bill pass?" 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 Roll call resulted as follows: urgency, and that S 1199 be read the third time at length, section by section, and be put upon its final passage. The question being, AYES–Agenbroad, Anthon, Bair, Bayer, Brackett, Burgoyne, "Shall the rules be suspended?" Burtenshaw, Cheatham, Crabtree, Den Hartog, Grow, Guthrie, Harris, Heider, Hill, Johnson, Jordan, Lakey, Lent, Lodge, Roll call resulted as follows: Martin, Mathias (Buckner-Webb), Mortimer, Nelson, Nye, Patrick, Rice, Souza, Stennett, Thayn, Vick, Ward-Engelking, AYES–Agenbroad, Anthon, Bair, Bayer, Brackett, Burgoyne, Winder, Woodward. Total - 34. Burtenshaw, Cheatham, Crabtree, Den Hartog, Grow, Guthrie, Harris, Heider, Hill, Johnson, Jordan, Lakey, Lent, Lodge, NAYS–None. 224 SENATE JOURNAL March 19, 2019]

Absent and excused–Lee. Total - 1. BAIR, Chairman Total - 35. H 267 and H 268 were filed for second reading. Whereupon the President declared S 1200 passed, title was March 19, 2019 approved, and the bill ordered transmitted to the House. The TRANSPORTATION Committee reports out H 208 and H 244 was read the third time at length, section by section, S 1201 with the recommendation that they do pass. and placed before the Senate for final consideration. Senator Lodge arose as sponsor of the bill and opened the debate. The BRACKETT, Chairman question being, "Shall the bill pass?" H 208 and S 1201 were filed for second reading. Roll call resulted as follows: March 19, 2019 AYES–Agenbroad, Anthon, Bair, Brackett, Burgoyne, Burtenshaw, Cheatham, Crabtree, Den Hartog, Grow, Guthrie, The COMMERCE AND HUMAN RESOURCES Harris, Heider, Hill, Johnson, Jordan, Lakey, Lent, Lodge, Committee reports out H 248 and S 1195 with the Martin, Mathias (Buckner-Webb), Mortimer, Nelson, Nye, recommendation that they do pass. Rice, Souza, Stennett, Thayn, Vick, Ward-Engelking, Winder, PATRICK, Chairman Woodward. Total - 32. NAYS–Bayer, Patrick. Total - 2. H 248 and S 1195 were filed for second reading. Absent and excused–Lee. Total - 1. March 19, 2019 Total - 35. The COMMERCE AND HUMAN RESOURCES Committee reports out H 149 with the recommendation that it Whereupon the President declared H 244 passed, title was be referred to the Fourteenth Order of Business for amendment. approved, and the bill ordered returned to the House. PATRICK, Chairman On request by Senator Winder, granted by unanimous consent, the Senate returned to the Fourth Order of Business. There being no objection, H 149 was referred to the Fourteenth Order of Business, General Calendar. Reading of Communications March 19, 2019 On request by Senator Winder, granted by unanimous consent, the Senate advanced to the Fifth Order of Business. The COMMERCE AND HUMAN RESOURCES Committee reports it has had under consideration the Petitions, Resolutions, and Memorials Gubernatorial appointments listed below and the Committee On motion by Senator Winder, seconded by Senator Jordan, recommends that said appointments be confirmed by the Senate: by voice vote the Senate recessed at 12:03 p.m. until the hour of Bryan Mooney as the Director of the Department of 3:30 p.m. of this day. Administration, term to continue at the pleasure of the Governor. RECESS AFTERNOON SESSION Chris Jensen as the Administrator of the Division of Building Safety, term to continue at the pleasure of the Governor. The Senate reconvened at 3:30 p.m., pursuant to recess, President McGeachin presiding. Dean Cameron as the Director of the Department of Insurance, term to continue at the pleasure of the Governor. Roll call showed all members present except Senators Burtenshaw, Lee, and Stennett, absent and excused. Thomas Kealey as the Director of the Department of Commerce, term to continue at the pleasure of the Governor. Prior to recess the Senate was at the Fifth Order of Business, Petitions, Resolutions, and Memorials. PATRICK, Chairman The Senate advanced to the Sixth Order of Business. The Gubernatorial appointments were referred to the Tenth Order of Business, Motions and Resolutions, and ordered held at Reports of Standing Committees the Secretary's desk for one legislative day. March 19, 2019 March 19, 2019 The JUDICIARY AND RULES Committee reports that The HEALTH AND WELFARE Committee reports it has S 1155, S 1119, S 1097, S 1011, S 1170, and S 1059 have been had under consideration the Gubernatorial appointment listed correctly enrolled. below and the Committee recommends that said appointment be LAKEY, Chairman confirmed by the Senate: The President signed Enrolled S 1155, S 1119, S 1097, B.J. Stinger to the Commission for the Blind and Visually S 1011, S 1170, and S 1059 and ordered them transmitted to the Impaired, term to expire July 1, 2021. House for the signature of the Speaker. MARTIN, Chairman March 19, 2019 The Gubernatorial appointment was referred to the Tenth The FINANCE Committee reports out H 267 and H 268 with Order of Business, Motions and Resolutions, and ordered held the recommendation that they do pass. at the Secretary's desk for one legislative day. [March 19, 2019 SENATE JOURNAL 225

March 19, 2019 Moved by Senator Lakey, seconded by Senator Burgoyne, that the recommendation's of the Joint Publishing Committee be The EDUCATION Committee reports out HCR 18 with the adopted. The question being, "Shall the motion prevail?" recommendation that it do pass. Roll call resulted as follows: MORTIMER, Chairman AYES–Agenbroad, Anthon, Bair, Bayer, Brackett, Burgoyne, HCR 18 was referred to the Tenth Order of Business, Cheatham, Crabtree, Den Hartog, Grow, Guthrie, Harris, Heider, Motions and Resolutions, and ordered held at the Secretary's Hill, Johnson, Jordan, Lakey, Lent, Lodge, Martin, Mathias desk for one legislative day. (Buckner-Webb), Mortimer, Nelson, Nye, Patrick, Rice, Souza, Stennett, Thayn, Vick, Ward-Engelking, Winder, Woodward. Total - 33. March 19, 2019 NAYS–None. The EDUCATION Committee reports out H 194 with the recommendation that it be referred to the Fourteenth Order of Absent and excused–Burtenshaw, Lee. Total - 2. Business for amendment. Total - 35. MORTIMER, Chairman The President declared the recommendation's of the Joint There being no objection, H 194 was referred to the Publishing Committee adopted, and ordered transmitted to the Fourteenth Order of Business, General Calendar. House. On request by Senator Winder, granted by unanimous On request by Senator Winder, granted by unanimous consent, the Senate advanced to the Ninth Order of Business. consent, the Senate advanced to the Fourteenth Order of Business. Messages from the House General Calendar March 19, 2019 On request by Senator Anthon, granted by unanimous Dear Madam President: consent, H 139 was filed for second reading. I transmit herewith H 274, which has passed the House. The President declared the Senate resolved into the Committee of the Whole and called Senator Vick to the Chair to MAULIN, Chief Clerk preside during the sitting of the Committee of the Whole. H 274 was filed for first reading. Following the adjournment of the Committee of the Whole, the President called the Senate to order. March 19, 2019 Report of the Committee of the Whole Dear Madam President: Senator Vick, Chairman of the Committee of the Whole, I return herewith S 1075, as amended, S 1129, as amended, reported out S 1106, H 78, as amended, H 137, as amended, and S 1050, S 1087, S 1088, as amended, S 1093, S 1116, S 1122, H 30, without recommendation, amended as follows: S 1123, S 1134, S 1193, and S 1194, which have passed the House. MAULIN, Chief Clerk SENATE AMENDMENT TO S 1106 AMENDMENT TO SECTION 1 S 1075, as amended, S 1129, as amended, S 1050, S 1087, On page 1 of the printed bill, delete lines 26 through 28, S 1088, as amended, S 1093, S 1116, S 1122, S 1123, S 1134, and insert: "career technical education programs will receive the S 1193, and S 1194 were referred to the Judiciary and Rules same added cost unit as any other eligible school on an actual Committee for enrolling. approved cost basis not to exceed the per-student cost for a traditional instructional delivery method. All career". March 19, 2019 AMENDMENT TO SECTION 2 Dear Madam President: On page 2, in line 34, delete ", irrespective of delivery"; in line 35, delete "method,"; in line 40, following "methods." I return herewith S 1108, which has failed to pass the House. insert: "This term may also apply to virtual, blended, or other MAULIN, Chief Clerk career technical education programs."; and in line 49, following "method" insert: ", as long as the chosen instructional delivery S 1108 was ordered filed in the office of the Secretary of the method is appropriate to the nature of the work as demonstrated Senate. by participation in a capstone course that meets recognized industry standards. Career technical education programs may Senator Stennett was recorded present at this order of be delivered by traditional, blended, or virtual models and must business. meet the required elements as outlined in the state standards for The Senate advanced to the Tenth Order of Business. secondary programs. Virtual programs will utilize post-capstone interviews conducted by industry professionals to demonstrate Motions and Resolutions technical proficiency and to satisfy face-to-face requirements. Interviews will be based on students' needs and may be conducted The President announced that the Judiciary and Rules face-to-face or electronically". Committee report relative to the Joint Publishing Committee's recommendations was before the Senate for final consideration, AMENDMENT TO SECTION 3 the question being, "Shall the report be adopted?" On page 3, delete lines 19 through 23, and insert: 226 SENATE JOURNAL March 19, 2019]

"(3) The division of career technical education shall may No other statement made by the person in diversion activities coordinate with the Idaho digital learning academy to provide or proceedings, such as in a counseling or therapy session, is approved online career technical education courses to any Idaho admissible as evidence of guilt during an adjudicative proceeding school district develop any statewide virtual career technical in a refiled case.". education course delivery. Districts may choose to enroll in the On page 18, in line 32, following "(5)" insert: "A participant course offered by the Idaho digital learning academy or may use in a diversion program whose driving privileges have been their own curriculum providers. suspended may be granted driving privileges by the administrator (4) The division of career education shall maintain a of the diversion program, in which case the participant shall be list of secondary career technical education pathways that issued a restricted driving permit by the Idaho transportation can be delivered by traditional means or entirely online, or a department. Prior to being granted restricted driving privileges, combination of both methods. The division of career technical the participant must show to the administrator proof of financial education shall develop a methodology for the funding of each responsibility as defined and in the amounts specified in section pathway delivery type. For those pathways that are able to be 49-117, Idaho Code."; also in line 32, delete "due to a charge"; delivered entirely online, there shall be a presumption that they and in line 33, delete "involving alcohol" and insert: "under this shall receive the same funding as for traditional career technical section". education pathways; however, actual funding shall be based On page 19, delete lines 4 through 6. upon actual approved costs, not to exceed the cost of delivering these pathways in a traditional setting."; CORRECTION TO TITLE in line 24, delete "(4)" and insert: "(45)"; and in line 35, delete On page 1, delete lines 3 and 4, and insert: "TO "(5)" and insert: "(56)". PROVIDE THAT CERTAIN INFORMATION SHALL BE GIVEN TO PERSONS UNDERGOING EVIDENTIARY AMENDMENT TO SECTION 6 TESTING FOR ALCOHOL, DRUGS, OR OTHER On page 8, delete lines 36 and 37, and insert: "activities INTOXICATING SUBSTANCES AND TO MAKE or services. In order to be eligible for career technical TECHNICAL CORRECTIONS; AMENDING". education essential components funding, virtual schools may be required to offer some face-to-face instruction in order to meet SENATE AMENDMENT TO H 137, As Amended industry standards, licensing requirements, work-based learning AMENDMENT TO SECTION 1 requirements, or other requirements set forth by the board.". On page 1 of the engrossed bill, delete line 13, and insert: "dog if the person owns, possesses, or harbors a dangerous dog SENATE AMENDMENT TO H 78, As Amended or"; in line 14, following "section" insert: "unless otherwise in AMENDMENT TO SECTION 1 compliance with the provisions of an order pursuant to subsection On page 3 of the engrossed bill, in line 20, delete "and" and (7) of this section"; and in line 20, following "misdemeanor" insert: "and"; and in line 21, following "(f)" insert: "However, if insert: "unless otherwise in compliance with the provisions of an you are admitted to a diversion program under section 19-3509, order pursuant to subsection (7) of this section". Idaho Code, you may be eligible for a restricted permit for On page 2, in line 41, delete "belonging to an owner" and the purpose of getting to and from work, school, medical insert: "belonging to an owner". appointments, or a treatment program, but only if you install, at On page 3, in line 12, following "implantation" insert: "or your expense, a state-approved ignition interlock system on all tattoo". motor vehicles you operate; and (g)". SENATE AMENDMENT TO H 30 On page 8, delete lines 2 through 9, and insert: "case orders AMENDMENT TO SECTION 1 to the contrary.". On page 2 of the printed bill, delete lines 17 and 18, and insert: AMENDMENT TO SECTION 4 "(9) In addition to the psychiatrist or licensed psychologist, On page 15, in line 17, delete "pay for drug testing for an the court may appoint additional experts to examine the indigent di-"; and in line 18, delete "version participant or to". defendant. In the event a"; following line 21, insert: AMENDMENT TO SECTION 7 "(10) In addition to the psychiatrist, licensed psychologist, On page 16, in line 16, following "program" insert: "created or evaluation committee, the court may appoint additional experts pursuant to sections 19-3508 and 19-3509, Idaho Code,"; delete to examine the defendant."; lines 19 and 20, and insert: "enhances public safety and reduces in line 22, delete "(10)" and insert: "(11)"; in line 30, delete recidivism, while also saving taxpayer dollars;"; in line 24, "(11)" and insert: "(12)"; and in line 36, delete "(112)" and insert: following "individuals;" insert: "and"; in line 27, delete "; and" "(113)". and insert: "."; and delete lines 28 through 30.

AMENDMENT TO SECTION 9 The Committee also has H 162 under consideration, reports On page 17, in line 22, delete "A person" and insert: "All progress, and begs leave to sit again. persons"; in line 23, delete "for an alcohol-related charge"; in line 28, following "shall" insert: ", in addition to installing and VICK, Chairman maintaining an ignition interlock system,"; in line 32, delete "or" and insert: "."; in line 33, delete "to pay for drug testing."; and On motion by Senator Vick, seconded by Senator Stennett, delete lines 44 through 47, and insert: the report was adopted by voice vote. "(2) A prosecuting attorney may require, as a condition of entering a diversion program, that a person execute a sworn S 1106, as amended, was referred to the Judiciary and Rules affidavit stating the facts that gave rise to the charge of driving Committee for engrossing and the amendments thereto were under the influence. Such affidavit may be used as evidence referred to the Judiciary and Rules Committee for printing. of guilt during an adjudicative proceeding in a refiled case. [March 19, 2019 SENATE JOURNAL 227

H 78, as amended, as amended in the Senate, H 137, as Total - 35. amended, as amended in the Senate, and H 30, as amended in the Senate, were filed for first reading as amended, and the Whereupon the President declared H 209 passed, title was amendments thereto were referred to the Judiciary and Rules approved, and the bill ordered returned to the House. Committee for printing. H 191 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, the Senate returned to the Thirteenth Order of Business. Souza 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: H 141 was read the third time at length, section by section, and placed before the Senate for final consideration. Senator AYES–Agenbroad, Anthon, Bair, Brackett, Burgoyne, Guthrie arose as sponsor of the bill and opened the debate. The Cheatham, Crabtree, Guthrie, Harris, Heider, Hill, Johnson, question being, "Shall the bill pass?" Jordan, Lakey, Lent, Lodge, Martin, Mathias (Buckner-Webb), Mortimer, Nelson, Nye, Patrick, Rice, Souza, Stennett, Vick, Roll call resulted as follows: Ward-Engelking, Winder, Woodward. Total - 29. AYES–Agenbroad, Anthon, Bair, Bayer, Brackett, NAYS–Bayer, Den Hartog, Thayn. Total - 3. Cheatham, Crabtree, Den Hartog, Guthrie, Harris, Heider, Hill, Johnson, Lakey, Lent, Lodge, Martin, Mortimer, Nelson, Nye, Absent and excused–Burtenshaw, Grow, Lee. Total - 3. Patrick, Rice, Souza, Stennett, Thayn, Vick, Ward-Engelking, Winder, Woodward. Total - 29. Total - 35. NAYS–Burgoyne, Jordan, Mathias (Buckner-Webb). Whereupon the President declared H 191 passed, title was Total - 3. approved, and the bill ordered returned to the House. Absent and excused–Burtenshaw, Grow, Lee. Total - 3. On request by Senator Winder, granted by unanimous consent, all Senate bills were placed at the head of the Third Total - 35. Reading Calendar, followed by House bills amended in the Senate, followed by House bills. Whereupon the President declared H 141 passed, title was approved, and the bill ordered returned to the House. On request by Senator Winder, granted by unanimous consent, the Senate returned to the Sixth Order of Business. H 207 was read the third time at length, section by section, and placed before the Senate for final consideration. Senator Reports of Standing Committees Johnson arose as sponsor of the bill and opened the debate. The question being, "Shall the bill pass?" March 19, 2019 Roll call resulted as follows: The JUDICIARY AND RULES Committee reports that Senate amendments to S 1106, H 78, as amended, H 137, as AYES–Agenbroad, Anthon, Bair, Bayer, Brackett, Burgoyne, amended, and H 30 have been correctly printed. Cheatham, Crabtree, Den Hartog, Guthrie, Harris, Heider, Hill, Johnson, Jordan, Lakey, Lent, Lodge, Martin, Mathias LAKEY, Chairman (Buckner-Webb), Mortimer, Nelson, Nye, Patrick, Rice, Souza, Stennett, Thayn, Vick, Ward-Engelking, Winder, Woodward. The report was ordered filed in the office of the Secretary of Total - 32. the Senate. NAYS–None. March 19, 2019 Absent and excused–Burtenshaw, Grow, Lee. Total - 3. The JUDICIARY AND RULES Committee reports that S 1106, as amended, has been correctly engrossed. Total - 35. LAKEY, Chairman Whereupon the President declared H 207 passed, title was approved, and the bill ordered returned to the House. S 1106, as amended, was filed for first reading. H 209 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, the Senate advanced to the Eleventh Order of Business. Thayn arose as sponsor of the bill and opened the debate. The question being, "Shall the bill pass?" Introduction, First Reading, and Reference of Bills, House Petitions, Resolutions, and Memorials Roll call resulted as follows: H 78, as amended, as amended in the Senate, H 137, as AYES–Agenbroad, Bair, Bayer, Brackett, Burgoyne, amended, as amended in the Senate, and H 30, as amended in Cheatham, Crabtree, Den Hartog, Guthrie, Harris, Heider, the Senate, by Judiciary, Rules and Administration Committee, Hill, Jordan, Lakey, Lodge, Martin, Mathias (Buckner-Webb), were read the first time at length and filed for second reading. Mortimer, Nelson, Nye, Patrick, Rice, Souza, Stennett, Thayn, Ward-Engelking, Winder, Woodward. Total - 28. S 1106, as amended, by Education Committee, was read the first time at length and filed for second reading. NAYS–Anthon, Johnson, Lent, Vick. Total - 4. H 274, by Appropriations Committee, was introduced, read Absent and excused–Burtenshaw, Grow, Lee. Total - 3. the first time at length, and referred to the Finance Committee. 228 SENATE JOURNAL March 19, 2019]

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 Stennett, by voice vote, the Senate adjourned at 5:09 p.m. until the hour of 10:30 a.m., Wednesday, March 20, 2019. JANICE MCGEACHIN, President Attest: JENNIFER NOVAK, Secretary [March 20, 2019 SENATE JOURNAL 229

SENATE JOURNAL Rules Coordinator for review during the 2019 legislative session, be, and the same are approved, with the exception of the OF THE following enumerated temporary rules: IDAHO LEGISLATURE IDAPA 25.01.01, the Idaho Outfitters and Guides Licensing Board, concerning Rules of FIRST REGULAR SESSION the Idaho Outfitters and Guides Licensing Board, SIXTY-FIFTH LEGISLATURE adopted as temporary rules under Docket Number 25-0101-1802, the entire rulemaking docket.

IDAPA 29.01.03, the Idaho Potato Commission, concerning Rules Governing SEVENTY-THIRD LEGISLATIVE DAY Nominations for Appointment as a Commissioner WEDNESDAY, MARCH 20, 2019 to the Idaho Potato Commission, adopted as temporary rules under Docket Number 29-0103-1802, the entire rulemaking docket. Senate Chamber BE IT FURTHER RESOLVED that a temporary rule or President McGeachin called the Senate to order at 10:30 a.m. partial temporary rule approved by this concurrent resolution Roll call showed all members present except Senator Grow, shall remain in effect until it expires by its own terms or by absent and excused. operation of law or until it is replaced by a final rule, but in no event shall a temporary rule remain in effect beyond the Prayer was offered by Chaplain Montie Ralstin. conclusion of the Second Regular Session of the Sixty-fifth Idaho Legislature unless it is further extended by adoption The Pledge of Allegiance was led by Bret Bagley, Page. of a concurrent resolution by both houses of the Legislature. The Senate advanced to the Third Order of Business. Temporary rules or sections of temporary rules which are excepted from approval hereunder or which were not submitted Reading and Correction of the Journal to the Legislature for review during the 2019 legislative session shall expire by operation of statute upon adjournment of the The JUDICIARY AND RULES Committee reports that the First Regular Session of the Sixty-fifth Idaho Legislature, unless Senate Journal of the proceedings of March 19, 2019, was read approved by adoption of a separate concurrent resolution by and approved as corrected. both houses of the Legislature. LAKEY, Chairman SCR 114 There being no objection, the report was adopted and ordered BY STATE AFFAIRS COMMITTEE filed in the office of the Secretary of the Senate. A CONCURRENT RESOLUTION STATING LEGISLATIVE FINDINGS AND APPROVING On request by Senator Winder, granted by unanimous ADMINISTRATIVE RULES THAT IMPOSE A FEE OR consent, the Senate advanced to the Fifth Order of Business. CHARGE, WITH EXCEPTIONS, AND REJECTING CERTAIN Petitions, Resolutions, and Memorials AGENCY RULE DOCKETS THAT ARE NOT APPROVED.

SCR 113 Be It Resolved by the Legislature of the State of Idaho: BY STATE AFFAIRS COMMITTEE A CONCURRENT RESOLUTION WHEREAS, the Legislature pursuant to Section 67-5224, STATING LEGISLATIVE FINDINGS AND APPROVING Idaho Code, must approve certain administrative rules that AND EXTENDING TEMPORARY RULES REVIEWED BY impose a fee or charge by adoption of a concurrent resolution THE LEGISLATURE, WITH EXCEPTIONS. before the rules become effective; and WHEREAS, the Legislature is vested with authority to reject Be It Resolved by the Legislature of the State of Idaho: executive agency rules under the provisions of Section 67-5291, Idaho Code, in the event that the Legislature finds that the rules WHEREAS, the Legislature by statute must approve are not consistent with legislative intent; and temporary rules by adoption of a concurrent resolution approving WHEREAS, it is the finding of the Legislature that certain the rule if the temporary rule is to remain in effect beyond the Rules of the Bureau of Occupational Licenses governing Rules end of the current legislative session; and of the Barber and Cosmetology Services Licensing Board are not WHEREAS, the expiration of temporary rules would consistent with legislative intent; and occasion additional expense to state agencies in readopting and WHEREAS, it is the finding of the Legislature that certain republishing temporary rules needed to conduct state business; Rules of the Department of Parks and Recreation governing Rules and Governing the Administration of Temporary Permits on Lands WHEREAS, the Legislature finds that it is in the public Owned by the Idaho Department of Parks and Recreation are not interest to adopt this resolution. consistent with legislative intent; and NOW, THEREFORE, BE IT RESOLVED by the members WHEREAS, the Legislature finds that it is in the public of the First Regular Session of the Sixty-fifth Idaho Legislature, interest to adopt this resolution. the Senate and the House of Representatives concurring therein, NOW, THEREFORE, BE IT RESOLVED by the members that all temporary rules adopted by state agencies pursuant to the of the First Regular Session of the Sixty-fifth Idaho Legislature, Administrative Procedure Act and submitted to the Legislature at the Senate and the House of Representatives concurring therein, the Legislature's request through the Office of the Administrative that all pending administrative rules or portions of pending 230 SENATE JOURNAL March 20, 2019] administrative rules adopted by state agencies pursuant to the to, the modernization and simplification of the sunshine laws Administrative Procedure Act during the prior calendar year, relating to campaign finance disclosures by candidates, lobbyists, and submitted through the Office of the Administrative Rules and political committees, technology requirements for a single Coordinator to the Legislature for review during the 2019 database to be operated through the Secretary of State's website, legislative session, which impose a fee or charge, be, and and increasing the transparency of the campaign process in the same are approved, with the exception of the following Idaho. enumerated pending fee rules: NOW, THEREFORE, BE IT RESOLVED by the members IDAPA 24.28.01, Rules of the Bureau of of the First Regular Session of the Sixty-fifth Idaho Legislature, Occupational Licenses, Rules of the Barber and the Senate and the House of Representatives concurring therein, Cosmetology Services Licensing Board, Section that the Legislative Council is authorized to appoint a committee 851., Subsections 05., 06., and 07., only, adopted to continue and complete a two-year study of issues relating as pending fee rules under Docket Number to campaign finance reform. The Legislative Council shall 24-2801-1802. determine the number of legislators and membership from each house appointed to the committee and shall authorize the IDAPA 26.01.10, Rules of the committee to receive input, advice, and assistance from interested Department of Parks and Recreation, Rules and affected parties who are not members of the Legislature. Governing the Administration of Temporary Permits on Lands Owned by the Idaho BE IT FURTHER RESOLVED that nonlegislative members Department of Parks and Recreation, adopted of the committee may be appointed by the cochairs of the as pending fee rules under Docket Number committee who are appointed by the Legislative Council. 26-0110-1701, the entire rulemaking docket. Nonlegislative members of the advisory committee shall not be reimbursed from legislative funds for per diem, mileage, or other expenses and shall not have voting privileges regarding the BE IT FURTHER RESOLVED that IDAPA 24.28.01, committee's recommendations or proposed legislation. Rules of the Bureau of Occupational Licenses, Rules of the Barber and Cosmetology Services Licensing Board, Section BE IT FURTHER RESOLVED that the committee shall 851., Subsections 05., 06., and 07., only, adopted as pending report its findings, recommendations, and proposed legislation, fee rules under Docket Number 24-2801-1802, and IDAPA if any, to the Second Regular Session of the Sixty-fifth Idaho 26.01.10, Rules of the Department of Parks and Recreation, Legislature and to the First Regular Session of the Sixty-sixth Rules Governing the Administration of Temporary Permits Idaho Legislature. on Lands Owned by the Idaho Department of Parks and Recreation, adopted as pending fee rules under Docket Number 26-0110-1701, the entire rulemaking docket, are hereby rejected SCR 113, SCR 114, and SCR 115 were introduced, read at and not approved, and thereby pursuant to Section 67-5291 and length, and referred to the Judiciary and Rules Committee for Section 67-5224, Idaho Code, are declared null, void, and of no printing. force and effect. BE IT FURTHER RESOLVED that rule provisions imposing The Senate advanced to the Sixth Order of Business. fees or charges that were not submitted through the Office of Rules Coordinator for legislative review or that otherwise are not Reports of Standing Committees included and approved in this concurrent resolution shall be null, void, and of no force and effect unless approved by adoption of a separate concurrent resolution by both houses of the Legislature March 19, 2019 as provided in Section 67-5224, Idaho Code. The JUDICIARY AND RULES Committee reports that S 1075, as amended, S 1129, as amended, S 1050, S 1087, SCR 115 S 1088, as amended, S 1093, S 1116, S 1122, S 1123, S 1134, BY STATE AFFAIRS COMMITTEE S 1193, and S 1194 have been correctly enrolled. A CONCURRENT RESOLUTION STATING FINDINGS OF THE LEGISLATURE AND LAKEY, Chairman AUTHORIZING THE LEGISLATIVE COUNCIL TO The President signed Enrolled S 1075, as amended, S 1129, APPOINT A COMMITTEE TO CONTINUE TO STUDY as amended, S 1050, S 1087, S 1088, as amended, S 1093, S 1116, ISSUES RELATING TO CAMPAIGN FINANCE REFORM S 1122, S 1123, S 1134, S 1193, and S 1194 and ordered them AND TO MAKE RECOMMENDATIONS. transmitted to the House for the signature of the Speaker. Be It Resolved by the Legislature of the State of Idaho: March 20, 2019 WHEREAS, the Speaker of the House of Representatives and the President Pro Tempore of the Senate authorized in 2018 The FINANCE Committee reports out H 274 with the a legislative interim study committee to study campaign finance recommendation that it do pass. issues and to make recommendations to the Legislature; and WHEREAS, the study committee proposed campaign BAIR, Chairman finance reform recommendations to the Legislature during the H 274 was filed for second reading. 2019 legislative session; and WHEREAS, it is the opinion of the study committee that numerous issues remain to be studied including, but not limited On request by Senator Winder, granted by unanimous consent, the Senate advanced to the Eighth Order of Business. [March 20, 2019 SENATE JOURNAL 231

Messages from the Governor Total - 35. March 19, 2019 Whereupon the President declared SCR 112 adopted, title was approved, and the resolution ordered transmitted to the The Honorable Janice McGeachin House. President of the Senate Idaho Legislature The President announced that HCR 18 was before the Senate for final consideration, the question being, "Shall the resolution Dear Madam President: be adopted?" I have the honor to inform you that I have signed today and am transmitting to the Secretary of State the following Senate On motion by Senator Thayn, seconded by Bills, to wit: Acting Senator Mathias, HCR 18 was adopted by voice vote, title was approved, and the resolution ordered returned to the S 1141 and S 1158 House. Sincerely, The President announced that the Commerce and Human /s/ Brad Little Resources Committee report relative to the Gubernatorial Governor of Idaho appointment of Bryan Mooney was before the Senate for final consideration, the question being, "Shall the report be adopted?" The correspondence was ordered filed in the office of the Secretary of the Senate. On motion by Senator Ward-Engelking, seconded by Senator Guthrie, the Gubernatorial appointment of Bryan The Senate advanced to the Ninth Order of Business. Mooney as the Director of the Department of Administration Messages from the House was confirmed by voice vote. March 19, 2019 The President declared the report adopted and directed the Secretary of the Senate to prepare a letter of the Gubernatorial Dear Madam President: appointment confirmation for her signature, attested to by the I return herewith Enrolled S 1012, S 1013, S 1058, S 1135, Secretary, to be transmitted to the Governor informing him of S 1082, S 1071, S 1018, as amended, S 1019, S 1021, S 1022, the action of the Senate. S 1042, S 1078, S 1107, S 1079, S 1080, S 1081, S 1125, S 1145, The President announced that the Commerce and Human S 1048, S 1053, S 1004, S 1044, S 1083, S 1085, S 1112, S 1111, Resources Committee report relative to the Gubernatorial S 1127, S 1084, S 1086, S 1037, as amended, S 1043, S 1142, appointment of Chris Jensen was before the Senate for final S 1005, as amended, S 1117, S 1162, S 1164, S 1165, S 1167, consideration, the question being, "Shall the report be adopted?" S 1168, S 1169, S 1172, S 1054, S 1055, S 1069, S 1096, and S 1136, which have been signed by the Speaker. On motion by Senator Bair, seconded by Senator Nye, the Gubernatorial appointment of Chris Jensen as the Administrator MAULIN, Chief Clerk of the Division of Building Safety was confirmed by voice vote. Enrolled S 1012, S 1013, S 1058, S 1135, S 1082, S 1071, The President declared the report adopted and directed the S 1018, as amended, S 1019, S 1021, S 1022, S 1042, S 1078, Secretary of the Senate to prepare a letter of the Gubernatorial S 1107, S 1079, S 1080, S 1081, S 1125, S 1145, S 1048, S 1053, appointment confirmation for her signature, attested to by the S 1004, S 1044, S 1083, S 1085, S 1112, S 1111, S 1127, S 1084, Secretary, to be transmitted to the Governor informing him of S 1086, S 1037, as amended, S 1043, S 1142, S 1005, as amended, the action of the Senate. S 1117, S 1162, S 1164, S 1165, S 1167, S 1168, S 1169, S 1172, S 1054, S 1055, S 1069, S 1096, and S 1136 were referred to the On request by Senator Winder, granted by unanimous Judiciary and Rules Committee for transmittal to the Office of the consent, the committee report of the Gubernatorial appointment Governor. confirmation of Dean Cameron retained its place on the calendar The Senate advanced to the Tenth Order of Business. for one legislative day. Motions and Resolutions The President announced that the Commerce and Human Resources Committee report relative to the Gubernatorial The President announced that SCR 112 was before the appointment of Thomas Kealey was before the Senate for final Senate for final consideration. consideration, the question being, "Shall the report be adopted?" Moved by Senator Patrick, seconded by Senator Stennett, On motion by Senator Ward-Engelking, seconded by that SCR 112 be adopted. The question being, "Shall the Senator Patrick, the Gubernatorial appointment of Thomas resolution be adopted?" Kealey as the Director of the Department of Commerce was confirmed by voice vote. Roll call resulted as follows: AYES–Agenbroad, Anthon, Bair, Bayer, Brackett, Burgoyne, The President declared the report adopted and directed the Burtenshaw, Cheatham, Crabtree, Den Hartog, Guthrie, Harris, Secretary of the Senate to prepare a letter of the Gubernatorial Heider, Johnson, Jordan, Lakey, Lee, Lent, Lodge, Martin, appointment confirmation for her signature, attested to by the Mathias (Buckner-Webb), Mortimer, Nelson, Nye, Patrick, Secretary, to be transmitted to the Governor informing him of Rice, Souza, Stennett, Thayn, Vick, Ward-Engelking, Winder, the action of the Senate. Woodward. Total - 33. The President announced that the Health and Welfare NAYS–None. Committee report relative to the Gubernatorial appointment of B.J. Stinger was before the Senate for final consideration, the Absent and excused–Grow, Hill. Total - 2. question being, "Shall the report be adopted?" 232 SENATE JOURNAL March 20, 2019]

On motion by Senator Guthrie, seconded by Senator Nelson, S 1202, S 1203, and S 1204 were introduced, read the first the Gubernatorial appointment of B.J. Stinger as a member of the time at length, and referred to the Judiciary and Rules Committee Commission for the Blind and Visually Impaired was confirmed for printing. by voice vote. The Senate advanced to the Twelfth Order of Business. The President declared the report adopted and directed the Second Reading of Bills Secretary of the Senate to prepare a letter of the Gubernatorial appointment confirmation for her signature, attested to by the H 267 and H 268, by Appropriations Committee, were read Secretary, to be transmitted to the Governor informing him of the second time at length and filed for third reading. the action of the Senate. H 208, by Ways and Means Committee, was read the second The Senate advanced to the Eleventh Order of Business. time at length and filed for third reading. Introduction, First Reading, and Reference of Bills, S 1201, by State Affairs Committee, was read the second House Petitions, Resolutions, and Memorials time at length and filed for third reading. H 248, by Ways and Means Committee, was read the second S 1202 time at length and filed for third reading. BY FINANCE COMMITTEE AN ACT S 1195, by State Affairs Committee, was read the second time RELATING TO THE APPROPRIATION TO THE STATE TAX at length and filed for third reading. COMMISSION FOR FISCAL YEAR 2020; APPROPRIATING MONEYS TO THE STATE TAX COMMISSION FOR FISCAL H 139, H 78, as amended, as amended in the Senate, H 137, YEAR 2020; LIMITING THE NUMBER OF AUTHORIZED as amended, as amended in the Senate, and H 30, as amended in FULL-TIME EQUIVALENT POSITIONS; AMENDING the Senate, by Judiciary, Rules and Administration Committee, SECTION 63-102, IDAHO CODE, TO INCREASE THE were read the second time at length and filed for third reading. SALARIES OF THE STATE TAX COMMISSIONERS; AND S 1106, as amended, by Education Committee, was read the PROVIDING REAPPROPRIATION AUTHORITY. second time at length and filed for third reading. S 1203 The Senate advanced to the Thirteenth Order of Business. BY FINANCE COMMITTEE AN ACT Third Reading of Bills RELATING TO THE APPROPRIATION TO THE On request by Senator Winder, granted by unanimous DEPARTMENT OF LABOR FOR FISCAL YEAR 2020; consent, S 1177 retained its place on the Third Reading Calendar APPROPRIATING MONEYS TO THE DEPARTMENT for Friday, March 22, 2019. OF LABOR FOR FISCAL YEAR 2020; LIMITING THE NUMBER OF AUTHORIZED FULL-TIME EQUIVALENT On request by Senator Brackett, granted by unanimous POSITIONS; AND PROVIDING REQUIREMENTS FOR THE consent, H 107, as amended in the Senate, retained its place on JOBCORPS PILOT PROJECT. the Third Reading Calendar for one legislative day. H 210 was read the third time at length, section by section, S 1204 and placed before the Senate for final consideration. Senator BY STATE AFFAIRS COMMITTEE Anthon arose as sponsor of the bill and opened the debate. The AN ACT question being, "Shall the bill pass?" RELATING TO MEDICAID; AMENDING SECTION 56-253, IDAHO CODE, TO PROVIDE THAT A HEALTH Roll call resulted as follows: RISK ASSESSMENT SHALL INCLUDE QUESTIONS RELATING TO SUBSTANCE USE DISORDERS, TO AYES–Agenbroad, Anthon, Bair, Bayer, Brackett, Burgoyne, PROVIDE THAT THE DIRECTOR OF THE DEPARTMENT Burtenshaw, Cheatham, Crabtree, Den Hartog, Grow, Guthrie, OF HEALTH AND WELFARE SHALL CONDUCT Harris, Heider, Hill, Johnson, Jordan, Lakey, Lee, Lent, Lodge, CERTAIN RESEARCH AND APPLY FOR CERTAIN Martin, Mathias (Buckner-Webb), Mortimer, Nelson, Nye, WAIVERS, AND TO MAKE A TECHNICAL CORRECTION; Patrick, Rice, Souza, Stennett, Thayn, Vick, Ward-Engelking, AMENDING SECTION 56-254, IDAHO CODE, TO REVISE Winder, Woodward. Total - 35. PROVISIONS REGARDING ELIGIBILITY FOR MEDICAL Whereupon the President declared H 210 passed, title was ASSISTANCE AND TO PROVIDE FOR NOTIFICATION approved, and the bill ordered returned to the House. REGARDING OPPORTUNITIES TO ENROLL IN AN EMPLOYMENT AND TRAINING PROGRAM; AMENDING On request by Senator Winder, granted by unanimous SECTION 56-255, IDAHO CODE, TO PROVIDE CORRECT consent, H 254 retained its place on the Third Reading Calendar. CODE REFERENCES; AMENDING SECTION 56-267, IDAHO CODE, TO PROVIDE THAT ELIGIBILITY FOR H 255 was read the third time at length, section by section, MEDICAID SHALL NOT BE DELAYED FOR WAIVER and placed before the Senate for final consideration. Senator Lee CONSIDERATION, NEGOTIATION, OR APPROVAL, TO arose as sponsor of the bill and opened the debate. The question PROVIDE THAT THE LEGISLATURE MAY DECLARE being, "Shall the bill pass?" THE SECTION TO BE NULL, VOID, AND OF NO FORCE Roll call resulted as follows: AND EFFECT UNDER CERTAIN CIRCUMSTANCES, TO PROVIDE FOR A CERTAIN REVIEW, AND TO MAKE AYES–Agenbroad, Anthon, Bair, Bayer, Brackett, Burgoyne, TECHNICAL CORRECTIONS; PROVIDING FOR THE Burtenshaw, Cheatham, Crabtree, Den Hartog, Grow, Guthrie, APPOINTMENT OF A TASK FORCE; AND PROVIDING Harris, Heider, Hill, Johnson, Jordan, Lakey, Lee, Lent, Lodge, SEVERABILITY. Martin, Mathias (Buckner-Webb), Mortimer, Nelson, Nye, [March 20, 2019 SENATE JOURNAL 233

Patrick, Rice, Souza, Stennett, Thayn, Vick, Ward-Engelking, Patrick, Rice, Souza, Stennett, Thayn, Vick, Ward-Engelking, Winder, Woodward. Total - 35. Winder, Woodward. Total - 35. Whereupon the President declared H 255 passed, title was Whereupon the President declared H 261 passed, title was approved, and the bill ordered returned to the House. approved, and the bill ordered returned to the House. H 256 was read the third time at length, section by section, H 262 was read the third time at length, section by section, and placed before the Senate for final consideration. Senator and placed before the Senate for final consideration. Senator Burtenshaw arose as sponsor of the bill and opened the debate. Ward-Engelking 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–Agenbroad, Anthon, Bair, Bayer, Brackett, Burgoyne, AYES–Agenbroad, Anthon, Bair, Bayer, Brackett, Burgoyne, Burtenshaw, Cheatham, Crabtree, Den Hartog, Grow, Guthrie, Burtenshaw, Cheatham, Crabtree, Den Hartog, Grow, Guthrie, Harris, Heider, Hill, Johnson, Jordan, Lakey, Lee, Lent, Lodge, Harris, Heider, Hill, Johnson, Jordan, Lakey, Lee, Lent, Lodge, Martin, Mathias (Buckner-Webb), Mortimer, Nelson, Nye, Martin, Mathias (Buckner-Webb), Mortimer, Nelson, Nye, Patrick, Rice, Souza, Stennett, Thayn, Vick, Ward-Engelking, Patrick, Rice, Souza, Stennett, Thayn, Vick, Ward-Engelking, Winder, Woodward. Total - 35. Winder, Woodward. Total - 35. Whereupon the President declared H 256 passed, title was Whereupon the President declared H 262 passed, title was approved, and the bill ordered returned to the House. approved, and the bill ordered returned to the House. H 257 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, the Senate returned to the Fourth Order of Business. Grow arose as sponsor of the bill and opened the debate. The question being, "Shall the bill pass?" Reading of Communications Roll call resulted as follows: On request by Senator Winder, granted by unanimous consent, the Senate advanced to the Fifth Order of Business. AYES–Agenbroad, Anthon, Bair, Bayer, Brackett, Burgoyne, Burtenshaw, Cheatham, Crabtree, Den Hartog, Grow, Guthrie, Petitions, Resolutions, and Memorials Harris, Heider, Hill, Johnson, Jordan, Lakey, Lee, Lent, Lodge, Martin, Mathias (Buckner-Webb), Mortimer, Nelson, Nye, On motion by Senator Winder, seconded by Senator Stennett, Patrick, Rice, Souza, Stennett, Thayn, Vick, Ward-Engelking, by voice vote the Senate recessed at 12:01 p.m. until the hour of Winder, Woodward. Total - 35. 3:15 p.m. of this day. Whereupon the President declared H 257 passed, title was RECESS approved, and the bill ordered returned to the House. AFTERNOON SESSION H 260 was read the third time at length, section by section, The Senate reconvened at 3:15 p.m., pursuant to recess, and placed before the Senate for final consideration. Senator President McGeachin presiding. Burtenshaw arose as sponsor of the bill and opened the debate. Roll call showed all members present except Senators The question being, "Shall the bill pass?" Agenbroad and Lodge, absent and excused. Roll call resulted as follows: Prior to recess the Senate was at the Fifth Order of Business, AYES–Agenbroad, Anthon, Bair, Bayer, Brackett, Petitions, Resolutions, and Memorials. Burtenshaw, Crabtree, Den Hartog, Grow, Guthrie, Harris, Heider, Hill, Johnson, Lakey, Lee, Lent, Lodge, Martin, The Senate advanced to the Sixth Order of Business. Mortimer, Nelson, Nye, Patrick, Rice, Souza, Thayn, Vick, Reports of Standing Committees Ward-Engelking, Winder, Woodward. Total - 30. March 20, 2019 NAYS–Burgoyne, Cheatham, Jordan, Mathias (Buckner-Webb), Stennett. Total - 5. The JUDICIARY AND RULES Committee reports that SCR 113, SCR 114, SCR 115, S 1202, S 1203, and S 1204 have Total - 35. been correctly printed. Whereupon the President declared H 260 passed, title was LAKEY, Chairman approved, and the bill ordered returned to the House. SCR 113, SCR 114, and SCR 115 were referred to the Tenth H 261 was read the third time at length, section by section, Order of Business, Motions and Resolutions, and ordered held at and placed before the Senate for final consideration. Senator the Secretary's desk for one legislative day. Johnson arose as sponsor of the bill and opened the debate. The question being, "Shall the bill pass?" S 1202 and S 1203 were referred to the Finance Committee. Roll call resulted as follows: S 1204 was referred to the Health and Welfare Committee. AYES–Agenbroad, Anthon, Bair, Bayer, Brackett, Burgoyne, March 20, 2019 Burtenshaw, Cheatham, Crabtree, Den Hartog, Grow, Guthrie, Harris, Heider, Hill, Johnson, Jordan, Lakey, Lee, Lent, Lodge, The JUDICIARY AND RULES Committee reports that Martin, Mathias (Buckner-Webb), Mortimer, Nelson, Nye, Enrolled S 1012, S 1013, S 1058, S 1135, S 1082, S 1071, S 1018, 234 SENATE JOURNAL March 20, 2019] as amended, S 1019, S 1021, S 1022, S 1042, S 1078, S 1107, below and the Committee recommends that said appointments be S 1079, S 1080, S 1081, S 1125, S 1145, S 1048, S 1053, S 1004, confirmed by the Senate: S 1044, S 1083, S 1085, S 1112, S 1111, S 1127, S 1084, S 1086, S 1037, as amended, S 1043, S 1142, S 1005, as amended, Dr. Michael D. Johnston to the Sexual Offender Management S 1117, S 1162, S 1164, S 1165, S 1167, S 1168, S 1169, S 1172, Board, term to continue at the pleasure of the Governor. S 1054, S 1055, S 1069, S 1096, and S 1136 were delivered to Dr. David McClusky to the State Board of Correction, term the Office of the Governor at 2:05 p.m., March 20, 2019. to expire March 30, 2025. LAKEY, Chairman LAKEY, Chairman The report was ordered filed in the office of the Secretary of The Gubernatorial appointments were referred to the Tenth the Senate. Order of Business, Motions and Resolutions, and ordered held at March 20, 2019 the Secretary's desk for one legislative day. The STATE AFFAIRS Committee reports out S 1159 with On request by Senator Winder, granted by unanimous the recommendation that it be referred to the Fourteenth Order consent, the Senate advanced to the Eleventh Order of Business. of Business for amendment. Introduction, First Reading, and Reference of Bills, LODGE, Chairman House Petitions, Resolutions, and Memorials

There being no objection, S 1159 was referred to the S 1205 Fourteenth Order of Business, General Calendar. BY JUDICIARY AND RULES COMMITTEE March 20, 2019 AN ACT RELATING TO ADMINISTRATIVE RULES; CONTINUING The STATE AFFAIRS Committee reports it has had under CERTAIN RULES IN FULL FORCE AND EFFECT UNTIL consideration the Gubernatorial appointment listed below and the JULY 1, 2020; CONTINUING RULES APPROVED OR Committee recommends that said appointment be confirmed by EXTENDED BY ADOPTION OF A CONCURRENT the Senate: RESOLUTION OF THE FIRST REGULAR SESSION OF THE SIXTY-FIFTH IDAHO LEGISLATURE IN FULL FORCE Thomas J. Wilford to the Idaho Endowment Fund Investment AND EFFECT UNTIL JULY 1, 2020, OR UNTIL SUCH TIME Board, term to expire April 1, 2020. AS THEY SHALL EXPIRE; PROVIDING THAT RULES LODGE, Chairman REJECTED BY CONCURRENT RESOLUTION SHALL BE NULL, VOID, AND OF NO FORCE AND EFFECT; The Gubernatorial appointment was referred to the Tenth AUTHORIZING AGENCIES TO AMEND OR REPEAL Order of Business, Motions and Resolutions, and ordered held CERTAIN RULES PURSUANT TO THE ADMINISTRATIVE at the Secretary's desk for one legislative day. PROCEDURE ACT, AND DECLARING THE EFFECT OF THIS ACT UPON ADMINISTRATIVE RULES; AND March 20, 2019 PROVIDING SEVERABILITY. The RESOURCES AND ENVIRONMENT Committee S 1205 was introduced, read the first time at length, and reports it has had under consideration the Gubernatorial referred to the Judiciary and Rules Committee for printing. appointments listed below and the Committee recommends that said appointments be confirmed by the Senate: Senator Lodge was recorded present at this order of business. Dustin Miller as the Director of the Department of Lands, On request by Senator Winder, granted by unanimous term to expire January 10, 2019. consent, the Senate advanced to the Thirteenth Order of Business. Dustin Miller to the Oil and Gas Conservation Commission, Third Reading of Bills term to continue at the pleasure of the Governor. Motion to Suspend Rules Linda Mitchell to the Lake Pend Oreille Basin Commission, term to expire July 24, 2021. Moved by Senator Winder, seconded by Senator Stennett, that all rules of the Senate interfering with the immediate passage HEIDER, Chairman of S 1201 be suspended; that the portions of Section 15, Article The Gubernatorial appointments were referred to the Tenth 3, of the Constitution of the State of Idaho requiring all bills to be Order of Business, Motions and Resolutions, and ordered held at read on three several days be dispensed with, this being a case of the Secretary's desk for one legislative day. urgency, and that S 1201 be read the third time at length, section by section, and be put upon its final passage. The question being, March 20, 2019 "Shall the rules be suspended?" The JUDICIARY AND RULES Committee reports out Roll call resulted as follows: H 266 with the recommendation that it do pass. AYES–Anthon, Bair, Bayer, Brackett, Burtenshaw, Crabtree, LAKEY, Chairman Den Hartog, Grow, Harris, Heider, Hill, Johnson, Lakey, Lee, H 266 was filed for second reading. Lent, Lodge, Martin, Nelson, Patrick, Rice, Souza, Stennett, Vick, Winder, Woodward. Total - 25. March 20, 2019 NAYS–Burgoyne, Cheatham, Guthrie, Jordan, Mathias The JUDICIARY AND RULES Committee reports it has (Buckner-Webb), Mortimer, Nye, Thayn, Ward-Engelking. had under consideration the Gubernatorial appointments listed Total - 9. [March 20, 2019 SENATE JOURNAL 235

Absent and excused–Agenbroad. Total - 1. Correction to serve a term commencing January 30, 2019, and expiring March 30, 2025. Total - 35. This appointment was made subject to confirmation by the More than two-thirds having voted in the affirmative, the Senate. Notice of appointment is hereby given. President declared the rules suspended. Sincerely, S 1201 was read the third time at length, section by section, /s/ Brad Little and placed before the Senate for final consideration. Senator Governor Brackett arose as sponsor of the bill and opened the debate. The question being, "Shall the bill pass?" The correspondence was ordered filed in the office of the Secretary of the Senate. Roll call resulted as follows: The Gubernatorial appointment was referred to the Judiciary AYES–Anthon, Bayer, Brackett, Crabtree, Den Hartog, and Rules Committee. Grow, Harris, Heider, Lakey, Lee, Lodge, Martin, Nelson, Patrick, Rice, Souza, Vick, Winder, Woodward. Total - 19. NAYS–Bair, Burgoyne, Burtenshaw, Cheatham, Guthrie, Hill, Johnson, Jordan, Lent, Mathias (Buckner-Webb), Mortimer, Nye, Stennett, Thayn, Ward-Engelking. Total - 15. Absent and excused–Agenbroad. Total - 1. Total - 35. Whereupon the President declared S 1201 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. On request by Senator Winder, granted by unanimous consent, the Senate returned to the Sixth Order of Business. Reports of Standing Committees March 20, 2019 The FINANCE Committee reports out S 1202 and S 1203 with the recommendation that they do pass. BAIR, Chairman S 1202 and S 1203 were filed for second reading. 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 Stennett, by voice vote, the Senate adjourned at 4:45 p.m. until the hour of 10 a.m., Thursday, March 21, 2019. JANICE MCGEACHIN, President Attest: JENNIFER NOVAK, Secretary March 20, 2019 The Honorable Janice McGeachin President of the Senate Idaho Legislature Dear Madam President: I have the honor to inform you that David McClusky of Twin Falls, Idaho, was appointed as a member of the State Board of 236 SENATE JOURNAL March 21, 2019]

SENATE JOURNAL "(6) "Visitation" means contact with a grandchild or great-grandchild, whether in-person contact, phone contact, OF THE electronic mail contact, social media contact, or other means of in-person or virtual contact. "Visitation" does not include legal or physical custody rights over the child and does not include IDAHO LEGISLATURE decision-making authority over the health, safety, education, or general welfare of the child."; FIRST REGULAR SESSION delete lines 15 and 16, and insert: "rights with the child."; delete SIXTY-FIFTH LEGISLATURE lines 17 through 30, and insert: "(2) The district court shall apply a rebuttable presumption in favor of a fit parent's decision regarding visitation, which presumption can only be overcome by clear and convincing evidence that visitation would be in the best interests of the SEVENTY-FOURTH LEGISLATIVE DAY child, in accordance with the factors set forth in section 32-1804, THURSDAY, MARCH 21, 2019 Idaho Code. (3) The district court shall give the parent's decision special weight when considering the parent's evidence and the petitioner's Senate Chamber rebuttal evidence. (4) The district court shall not substitute its opinion on President McGeachin called the Senate to order at 10 a.m. visitation for that of a fit parent. Roll call showed all members present except Senator (5) The district court may grant a petition and issue an Burgoyne, absent and formally excused by the Chair; and order establishing reasonable visitation rights if the court finds Senators Agenbroad and Lodge, absent and excused. that such visitation is in the best interests of the child. (6) In cases where both parents have custodial time with Prayer was offered by Chaplain Montie Ralstin. the child, the district court shall award visitation only during the scheduled custody time of the parent to whom the petitioner is a The Pledge of Allegiance was led by Makenna Moore, Page. parent or grandparent, as defined in this chapter. The Senate advanced to the Third Order of Business. (7) The district court may award reasonable attorney fees to the parent when the court finds that the petition was brought Reading and Correction of the Journal or pursued unreasonably, frivolously, or without foundation. The JUDICIARY AND RULES Committee reports that the (8) The district court shall make findings of fact and Senate Journal of the proceedings of March 20, 2019, was read conclusions of law in support of visitation awards made under and approved as corrected. this chapter."; in line 31, following "determining" insert: "whether visitation LAKEY, Chairman would be in"; in line 36, following "length" insert: ", nature,"; in line 40, delete "detriments and"; also in line 40, delete "or"; in There being no objection, the report was adopted and ordered line 41, delete "denying"; and in line 42, delete "or denying". filed in the office of the Secretary of the Senate. On page 3, delete lines 1 through 3, and insert: On request by Senator Winder, granted by unanimous "(8) The character and fitness of the petitioner; consent, the Senate advanced to the Fourteenth Order of (9) The relationship between the parent and the petitioner; Business. and (10) The wishes and preferences of the parent regarding General Calendar visitation.".

Senators Burgoyne and Lodge were recorded present at this SENATE AMENDMENT TO H 149 order of business. AMENDMENT TO SECTION 1 The President declared the Senate resolved into the On page 1 of the printed bill, delete lines 28 through 32, and Committee of the Whole and called Senator Vick to the Chair to insert: "eral agency thereof, the state, or any county of this state.". preside during the sitting of the Committee of the Whole. SENATE AMENDMENT TO H 194 Following the adjournment of the Committee of the Whole, AMENDMENT TO THE BILL the President called the Senate to order. On page 3 of the printed bill, following line 5, insert: "SECTION 2. This act shall be in full force and effect on and Report of the Committee of the Whole after July 1, 2020.". Senator Vick, Chairman of the Committee of the Whole, CORRECTION TO TITLE reported out S 1124, H 149, H 194, and S 1159, without On page 1, in line 5, following "CORRECTION" insert: "; recommendation, amended as follows: AND PROVIDING AN EFFECTIVE DATE".

SENATE AMENDMENT TO S 1124 SENATE AMENDMENT TO S 1159 AMENDMENT TO SECTION 2 AMENDMENT TO SECTION 2 On page 1 of the printed bill, in line 23, delete "when access On page 2 of the printed bill, in line 26, delete "receive" and to such children"; delete line 24, and insert: ". The"; delete lines insert: "receive have received both the fiscal impact statement 30 and 31, and insert: "rights with a child."; and in line 32, delete from the division of financial management and". "As used in" and insert: "For purposes of". On page 2, in line 6, delete ""Parent" may include a AMENDMENT TO SECTION 3 stepparent"; delete lines 7 and 8; following line 12, insert: [March 21, 2019 SENATE JOURNAL 237

On page 3, in line 29, delete "county legislative district" and March 21, 2019 insert: "county". The STATE AFFAIRS Committee reports out H 169 with AMENDMENT TO SECTION 5 the recommendation that it be referred to the Fourteenth Order On page 4, delete lines 5 through 9, and insert: "shall be of Business for amendment. prepared for an initiative as provided in this section. A petitioner who desires to proceed with the sponsorship of an initiative LODGE, Chairman shall, within fifteen (15) working days of receiving the certificate There being no objection, H 169 was referred to the of review provided for in section 34-1809, Idaho Code, provide Fourteenth Order of Business, General Calendar. a copy of the certificate of review and a copy of the initiative petition to the division of financial management. Within ten (10) March 21, 2019 working days of receiving the certificate of review and initiative petition, the division of financial management shall issue a fiscal The JUDICIARY AND RULES Committee reports out impact statement in accordance with this section.". S 1205 with the recommendation that it do pass. CORRECTION TO TITLE LAKEY, Chairman On page 1, in line 12, delete "EACH QUALIFYING" and insert: "A". S 1205 was filed for second reading. The Committee also has H 162 under consideration, reports On request by Senator Winder, granted by unanimous progress, and begs leave to sit again. consent, the Senate advanced to the Ninth Order of Business. VICK, Chairman Messages from the House On motion by Senator Vick, seconded by Senator Stennett, March 20, 2019 the report was adopted by voice vote. Dear Madam President: S 1124, as amended, and S 1159, as amended, were referred to the Judiciary and Rules Committee for engrossing and the I transmit herewith H 270, H 251, H 183, H 189, as amended, amendments thereto were referred to the Judiciary and Rules H 202, as amended, H 199, as amended, H 229, as amended, and Committee for printing. H 258, which have passed the House. H 149, as amended in the Senate, and H 194, as amended MAULIN, Chief Clerk in the Senate, were filed for first reading as amended, and the H 270, H 251, H 183, H 189, as amended, H 202, amendments thereto were referred to the Judiciary and Rules as amended, H 199, as amended, H 229, as amended, and Committee for printing. H 258 were filed for first reading. On request by Senator Winder, granted by unanimous March 20, 2019 consent, the Senate returned to the Sixth Order of Business. Dear Madam President: Reports of Standing Committees I return herewith SCR 103, SJM 102, SJM 104, S 1139, and S 1140, which have passed the House. March 21, 2019 MAULIN, Chief Clerk The JUDICIARY AND RULES Committee reports that SCR 103, SJM 102, SJM 104, S 1139, and S 1140 were S 1205 has been correctly printed. referred to the Judiciary and Rules Committee for enrolling. LAKEY, Chairman March 20, 2019 S 1205 was referred to the Judiciary and Rules Committee. Dear Madam President: March 21, 2019 I transmit herewith Enrolled H 97, H 180, H 176, H 167, The JUDICIARY AND RULES Committee reports that H 168, and H 144 for the signature of the President. Senate amendments to S 1124, H 149, H 194, and S 1159 have been correctly printed. MAULIN, Chief Clerk LAKEY, Chairman The President signed Enrolled H 97, H 180, H 176, H 167, H 168, and H 144 and ordered them returned to the House. The report was ordered filed in the office of the Secretary of the Senate. March 20, 2019 March 21, 2019 Dear Madam President: The JUDICIARY AND RULES Committee reports that I return herewith Enrolled S 1155, S 1119, S 1097, S 1011, S 1124, as amended, and S 1159, as amended, have been correctly S 1170, and S 1059, which have been signed by the Speaker. engrossed. MAULIN, Chief Clerk LAKEY, Chairman Enrolled S 1155, S 1119, S 1097, S 1011, S 1170, and S 1124, as amended, and S 1159, as amended, were filed for S 1059 were referred to the Judiciary and Rules Committee for first reading. transmittal to the Office of the Governor. 238 SENATE JOURNAL March 21, 2019]

The Senate advanced to the Tenth Order of Business. On motion by Senator Woodward, seconded by Acting Senator Mathias, the Gubernatorial appointment of Motions and Resolutions Linda Mitchell as a member of the Lake Pend Oreille Basin The President announced that the Commerce and Human Commission was confirmed by voice vote. Resources Committee report relative to the Gubernatorial The President declared the report adopted and directed the appointment of Dean Cameron was before the Senate for final Secretary of the Senate to prepare a letter of the Gubernatorial consideration, the question being, "Shall the report be adopted?" appointment confirmation for her signature, attested to by the On motion by Senator Winder, seconded by Senator Stennett, Secretary, to be transmitted to the Governor informing him of the Gubernatorial appointment of Dean Cameron as the Director the action of the Senate. of the Department of Insurance was confirmed by voice vote. The President announced that the Judiciary and Rules The President declared the report adopted and directed the Committee report relative to the Gubernatorial appointment Secretary of the Senate to prepare a letter of the Gubernatorial of Dr. Michael D. Johnston was before the Senate for final appointment confirmation for her signature, attested to by the consideration, the question being, "Shall the report be adopted?" Secretary, to be transmitted to the Governor informing him of On motion by Senator Lakey, seconded by Senator Nye, the action of the Senate. the Gubernatorial appointment of Dr. Michael D. Johnston as The President announced that the State Affairs Committee a member of the Sexual Offender Management Board was report relative to the Gubernatorial appointment of Thomas confirmed by voice vote. J. Wilford was before the Senate for final consideration, the The President declared the report adopted and directed the question being, "Shall the report be adopted?" Secretary of the Senate to prepare a letter of the Gubernatorial On motion by Senator Winder, seconded by appointment confirmation for her signature, attested to by the Senator Burgoyne, the Gubernatorial appointment of Thomas J. Secretary, to be transmitted to the Governor informing him of Wilford as a member of the Idaho Endowment Fund Investment the action of the Senate. Board was confirmed by voice vote. The President announced that the Judiciary and Rules The President declared the report adopted and directed the Committee report relative to the Gubernatorial appointment of Dr. Secretary of the Senate to prepare a letter of the Gubernatorial David McClusky was before the Senate for final consideration, appointment confirmation for her signature, attested to by the the question being, "Shall the report be adopted?" Secretary, to be transmitted to the Governor informing him of On motion by Senator Heider, seconded by Senator Brackett, the action of the Senate. the Gubernatorial appointment of Dr. David McClusky as a The President announced that the Resources and member of the State Board of Correction was confirmed by Environment Committee report relative to the Gubernatorial voice vote. appointment of Dustin Miller was before the Senate for final The President declared the report adopted and directed the consideration, the question being, "Shall the report be adopted?" Secretary of the Senate to prepare a letter of the Gubernatorial On motion by Senator Bair, seconded by appointment confirmation for her signature, attested to by the Senator Ward-Engelking, the Gubernatorial appointment of Secretary, to be transmitted to the Governor informing him of Dustin Miller as the Director of the Department of Lands was the action of the Senate. confirmed by voice vote. On request by Senator Winder, granted by unanimous The President declared the report adopted and directed the consent, the Senate advanced to the Eleventh Order of Business. Secretary of the Senate to prepare a letter of the Gubernatorial Introduction, First Reading, and Reference of Bills, appointment confirmation for her signature, attested to by the House Petitions, Resolutions, and Memorials Secretary, to be transmitted to the Governor informing him of the action of the Senate. H 149, as amended in the Senate, and H 194, as amended in the Senate, by Education Committee, were read the first time at The President announced that the Resources and length and filed for second reading. Environment Committee report relative to the Gubernatorial appointment of Dustin Miller was before the Senate for final S 1124, as amended, and S 1159, as amended, by State consideration, the question being, "Shall the report be adopted?" Affairs Committee, were read the first time at length and filed On motion by Senator Bair, seconded by Senator Nelson, the for second reading. Gubernatorial appointment of Dustin Miller as a member of the H 270, by State Affairs Committee, was introduced, read the Oil and Gas Conservation Commission was confirmed by voice first time at length, and referred to the State Affairs Committee. vote. H 251, by Ways and Means Committee, was introduced, The President declared the report adopted and directed the read the first time at length, and referred to the State Affairs Secretary of the Senate to prepare a letter of the Gubernatorial Committee. appointment confirmation for her signature, attested to by the Secretary, to be transmitted to the Governor informing him of H 183, by Revenue and Taxation Committee, was the action of the Senate. introduced, read the first time at length, and referred to the Local Government and Taxation Committee. The President announced that the Resources and Environment Committee report relative to the Gubernatorial H 189, as amended, by Ways and Means Committee, was appointment of Linda Mitchell was before the Senate for final introduced, read the first time at length, and referred to the consideration, the question being, "Shall the report be adopted?" Resources and Environment Committee. [March 21, 2019 SENATE JOURNAL 239

H 202, as amended, by Revenue and Taxation Committee, SENATE AMENDMENT TO H 169 was introduced, read the first time at length, and referred to the AMENDMENT TO SECTION 1 Local Government and Taxation Committee. On page 1 of the printed bill, delete lines 13 through 19, and insert: "federalism, which shall consist of ten (10) members, H 199, as amended, by State Affairs Committee, was with five (5) members from the senate as appointed by the introduced, read the first time at length, and referred to the State president pro tempore of the senate, one (1) of whom shall be Affairs Committee. a member of the minority party and one (1) of whom shall be H 229, as amended, by State Affairs Committee, was cochair of the committee, and five (5) members from the house introduced, read the first time at length, and referred to the of representatives as appointed by the speaker of the house Commerce and Human Resources Committee. of representatives, one (1) of whom shall be a member of the minority party and one (1) of whom shall be cochair of the H 258, by Appropriations Committee, was introduced, read committee. Members shall be appointed based on knowledge the first time at length, and referred to the Finance Committee. of"; in line 27, following "federalism." insert: "The cochairs of the committee may create subcommittees to study various The Senate advanced to the Twelfth Order of Business. federal matters including, but not limited to, health care, Second Reading of Bills transportation, agriculture, education, and federal lands, and for each subcommittee may appoint one (1) sub-cochair from the H 274, by Appropriations Committee, was read the second senate and one (1) sub-cochair from the house of representatives time at length and filed for third reading. to act as cochairs of a subcommittee. The sub-cochairs of each subcommittee may appoint ad hoc legislative members and other H 266, by Ways and Means Committee, was read the second advisors to serve on the subcommittee but in no event shall a time at length and filed for third reading. subcommittee have more than seven (7) members, including the S 1202 and S 1203, by Finance Committee, were read the sub-cochairs. Any advisors to the subcommittee who are not second time at length and filed for third reading. legislative members shall not be reimbursed from legislative funds for per diem, mileage, or other expenses and shall not have On request by Senator Winder, granted by unanimous voting privileges regarding the subcommittee's recommendations consent, the Senate returned to the Fourth Order of Business. and proposed legislation. The subcommittees shall report any recommendations or proposed legislation to the committee as a Reading of Communications whole."; in line 30, delete "Five (5)" and insert: "Six (6)"; and On request by Senator Winder, granted by unanimous delete lines 36 and 37, and insert: "committee, acting through consent, the Senate advanced to the Fifth Order of Business. the cochairs, may utilize". Petitions, Resolutions, and Memorials The Committee also has H 162 under consideration, reports progress, and begs leave to sit again. On motion by Senator Winder, seconded by Senator Stennett, by voice vote the Senate recessed at 12:05 p.m. until the hour of VICK, Chairman 3:15 p.m. of this day. On motion by Senator Vick, seconded by Senator Stennett, RECESS the report was adopted by voice vote. AFTERNOON SESSION H 169, as amended in the Senate, was filed for first reading The Senate reconvened at 3:15 p.m., pursuant to recess, as amended, and the amendments thereto were referred to the President McGeachin presiding. Judiciary and Rules Committee for printing. Roll call showed all members present except Senator President Pro Tempore Hill and Senators Bair and Lakey Johnson, absent and formally excused by the Chair; and President were recorded present at this order of business. Pro Tempore Hill and Senators Anthon, Bair, Grow, and Lakey, absent and excused. On request by Senator Winder, granted by unanimous consent, the Senate returned to the Sixth Order of Business. Prior to recess the Senate was at the Fifth Order of Business, Petitions, Resolutions, and Memorials. Reports of Standing Committees On request by Senator Winder, granted by unanimous March 21, 2019 consent, the Senate advanced to the Fourteenth Order of Business. The JUDICIARY AND RULES Committee reports that Senate amendments to H 169 have been correctly printed. General Calendar The President declared the Senate resolved into the LAKEY, Chairman Committee of the Whole and called Senator Vick to the Chair to The report was ordered filed in the office of the Secretary of preside during the sitting of the Committee of the Whole. the Senate. Following the adjournment of the Committee of the Whole, the President called the Senate to order. March 21, 2019 Report of the Committee of the Whole The JUDICIARY AND RULES Committee reports that SCR 103, SJM 102, SJM 104, S 1139, and S 1140 have been Senator Vick, Chairman of the Committee of the Whole, correctly enrolled. reported out H 169, without recommendation, amended as follows: LAKEY, Chairman 240 SENATE JOURNAL March 21, 2019]

The President signed Enrolled SCR 103, SJM 102, schools (PCS) were created in Idaho in 1998, the expectation SJM 104, S 1139, and S 1140 and ordered them transmitted to was these schools would be laboratories for innovation in student the House for the signature of the Speaker. achievement and successful learning - a model that schools across Idaho would be able to learn from. March 21, 2019 With the increased flexibility of this new certificate, there The JUDICIARY AND RULES Committee reports that is a clear expectation that there be more evidence of charter Enrolled S 1155, S 1119, S 1097, S 1011, S 1170, and school innovation and, most importantly, that these innovative S 1059 were delivered to the Office of the Governor at 2:15 p.m., approaches in teaching and learning will have a positive impact March 21, 2019. for all Idaho's public schools. Our traditional public schools serve LAKEY, Chairman the vast majority of Idaho kids and represent our constitutional obligation for a free, thorough, and uniform system of education The report was ordered filed in the office of the Secretary of across Idaho. the Senate. Additionally, the school leaders we choose do matter. March 21, 2019 Authorizing this alternative certificate for PCS administrators presupposes this question: If more expanded, non-traditional The TRANSPORTATION Committee reports out H 179, as leadership options are good enough for charters and their boards amended, with the recommendation that it do pass. to consider, why cannot public school districts and their boards BRACKETT, Chairman consider this same kind of option for public schools? H 179, as amended, was filed for second reading. Finally, I have listened closely to those concerned about the consequences of this bill and I will be closely watching its March 21, 2019 impacts. The TRANSPORTATION Committee reports it has had Sincerely, under consideration the Gubernatorial appointment listed below /s/ Brad Little and the Committee recommends that said appointment be Governor of Idaho confirmed by the Senate: The correspondence was ordered filed in the office of the James R. Thompson to the Idaho Transportation Board, term Secretary of the Senate. to expire January 31, 2025. March 21, 2019 BRACKETT, Chairman The Honorable Janice McGeachin The Gubernatorial appointment was referred to the Tenth President of the Senate Order of Business, Motions and Resolutions, and ordered held Idaho Legislature at the Secretary's desk for one legislative day. Dear Madam President: March 21, 2019 I have the honor to inform you that I have signed today and The FINANCE Committee reports out H 258 with the am transmitting to the Secretary of State the following Senate recommendation that it do pass. Bills, to wit: BAIR, Chairman S 1004, S 1005, as amended, S 1012, S 1013, H 258 was filed for second reading. S 1018, as amended, S 1019, S 1021, S 1037, as amended, S 1053, S 1054, S 1055, S 1069, On request by Senator Winder, granted by unanimous S 1079, S 1080, S 1081, S 1082, S 1083, consent, the Senate advanced to the Eighth Order of Business. S 1096, S 1111, S 1112, S 1117, S 1125, S 1127, S 1135, S 1136, S 1145, S 1165, Messages from the Governor S 1167, S 1168, S 1169, and S 1172 March 21, 2019 Sincerely, The Honorable Janice McGeachin /s/ Brad Little President of the Senate Governor of Idaho Idaho Legislature The correspondence was ordered filed in the office of the Dear Madam President: Secretary of the Senate. I have the honor to inform you that I have signed today and On request by Senator Winder, granted by unanimous am transmitting to the Secretary of State the following Senate consent, the Senate advanced to the Tenth Order of Business. Bill, to wit: Motions and Resolutions S 1058 The President announced that SCR 113 was before the within the time prescribed by law, the same having arrived Senate for final consideration, the question being, "Shall the in the Office of the Governor at the hour of 2:05 p.m. on March resolution be adopted?" 20, 2019. On motion by Senator Harris, seconded by Senator Jordan, Charter schools offer many benefits to Idaho families, SCR 113 was adopted by voice vote, title was approved, and the particularly greater choice in education. When public charter resolution ordered transmitted to the House. [March 21, 2019 SENATE JOURNAL 241

The President announced that SCR 114 was before the Senator Lent arose as sponsor of the bill and opened the debate. Senate for final consideration, the question being, "Shall the The question being, "Shall the bill pass?" resolution be adopted?" Roll call resulted as follows: On motion by Senator Harris, seconded by Senator Ward-Engelking, SCR 114 was adopted by voice vote, AYES–Agenbroad, Anthon, Bair, Bayer, Brackett, Burgoyne, title was approved, and the resolution ordered transmitted to Burtenshaw, Cheatham, Crabtree, Den Hartog, Grow, Guthrie, the House. Harris, Heider, Hill, Jordan, Lakey, Lee, Lent, Lodge, Martin, Mathias (Buckner-Webb), Mortimer, Nelson, Nye, Patrick, The President announced that SCR 115 was before the Rice, Souza, Stennett, Thayn, Vick, Ward-Engelking, Winder, Senate for final consideration. Woodward. Total - 34. Moved by Senator Lodge, seconded by Senator Stennett, that NAYS–None. SCR 115 be adopted. The question being, "Shall the resolution be adopted?" Absent and excused–Johnson. Total - 1. Roll call resulted as follows: Total - 35. AYES–Agenbroad, Anthon, Bair, Bayer, Brackett, Burgoyne, Whereupon the President declared S 1106, as Burtenshaw, Cheatham, Crabtree, Den Hartog, Grow, Guthrie, amended, passed, title was approved, and the bill ordered Harris, Heider, Hill, Jordan, Lakey, Lee, Lent, Lodge, Martin, transmitted to the House. Mathias (Buckner-Webb), Mortimer, Nelson, Nye, Patrick, Rice, Souza, Stennett, Thayn, Vick, Ward-Engelking, Winder, H 107, as amended in the Senate, was read the third time at Woodward. Total - 34. length, section by section, and placed before the Senate for final consideration. Senator Brackett arose as sponsor of the bill and NAYS–None. opened the debate. The question being, "Shall the bill pass?" Absent and excused–Johnson. Total - 1. Roll call resulted as follows: Total - 35. AYES–Agenbroad, Anthon, Bayer, Brackett, Crabtree, Den Whereupon the President declared SCR 115 adopted, title Hartog, Grow, Heider, Lee, Lodge, Martin, Nelson, Patrick, Vick, was approved, and the resolution ordered transmitted to the Winder, Woodward. Total - 16. House. NAYS–Bair, Burgoyne, Burtenshaw, Cheatham, The Senate advanced to the Eleventh Order of Business. Guthrie, Harris, Hill, Johnson, Jordan, Lakey, Lent, Mathias (Buckner-Webb), Mortimer, Nye, Rice, Souza, Stennett, Thayn, Introduction, First Reading, and Reference of Bills, Ward-Engelking. Total - 19. House Petitions, Resolutions, and Memorials H 169, as amended in the Senate, by State Affairs Paired and voting included in roll call: Committee, was read the first time at length and filed for second AYE - Vick NAY - Johnson reading. Total - 35. On request by Senator Winder, granted by unanimous consent, the Senate advanced to the Thirteenth Order of Business. Whereupon the President declared that H 107, as amended in the Senate, had failed to pass the Senate and ordered the bill Third Reading of Bills returned to the House. S 1195 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 Burgoyne arose as sponsor of the bill and opened the debate. consent, the Senate returned to the Sixth Order of Business. The question being, "Shall the bill pass?" Reports of Standing Committees Roll call resulted as follows: March 21, 2019 AYES–Agenbroad, Anthon, Bair, Bayer, Brackett, Burgoyne, Burtenshaw, Cheatham, Crabtree, Den Hartog, Grow, Guthrie, The HEALTH AND WELFARE Committee reports out Harris, Heider, Hill, Jordan, Lakey, Lee, Lent, Lodge, Martin, S 1204 with the recommendation that it do pass. Mathias (Buckner-Webb), Mortimer, Nelson, Nye, Patrick, MARTIN, Chairman Rice, Souza, Stennett, Thayn, Vick, Ward-Engelking, Winder, Woodward. Total - 34. S 1204 was filed for second reading. NAYS–None. March 21, 2019 Absent and excused–Johnson. Total - 1. The LOCAL GOVERNMENT AND TAXATION Total - 35. Committee reports out H 217 with the recommendation that it be referred to the Fourteenth Order of Business for amendment. Whereupon the President declared S 1195 passed, title was approved, and the bill ordered transmitted to the House. RICE, Chairman S 1106, as amended, was read the third time at length, section There being no objection, H 217 was referred to the by section, and placed before the Senate for final consideration. Fourteenth Order of Business, General Calendar. 242 SENATE JOURNAL March 21, 2019]

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 Stennett, by voice vote, the Senate adjourned at 5:14 p.m. until the hour of 9:15 a.m., Friday, March 22, 2019. JANICE MCGEACHIN, President Attest: JENNIFER NOVAK, Secretary [March 22, 2019 SENATE JOURNAL 243

SENATE JOURNAL WHEREAS, some Idaho counties have no highway districts, while others contain several small highway districts within their OF THE boundaries; and WHEREAS, several of Idaho's highway districts were formed over one hundred years ago; and IDAHO LEGISLATURE WHEREAS, many components of Idaho's current system of secondary highway administration may have evolved over time; FIRST REGULAR SESSION and SIXTY-FIFTH LEGISLATURE WHEREAS, technology has advanced considerably since the development of Idaho's system of secondary highway administration; and WHEREAS, Idaho's weather, terrain, and remote regions present unique challenges that must be addressed; and SEVENTY-FIFTH LEGISLATIVE DAY WHEREAS, the majority of highway miles and bridges in FRIDAY, MARCH 22, 2019 Idaho are administered by local highway jurisdictions; and WHEREAS, the Local Highway Technical Assistance Council (LHTAC) was established under Chapter 24, Title 40, Senate Chamber Idaho Code, by the Idaho Legislature in 1994; and WHEREAS, the mission of LHTAC is to help Idaho's President McGeachin called the Senate to order at 9:15 a.m. local highway jurisdictions utilize the available resources for Roll call showed all members present except Senator maintenance and construction of Idaho's local highway system Johnson, absent and formally excused by the Chair; and Senator in the most efficient and effective manner possible; and Brackett, absent and excused. WHEREAS, LHTAC has been granted the authority to act for local jurisdictions, including the execution of contracts and Prayer was offered by Chaplain Montie Ralstin. the expenditure of funds; and WHEREAS, LHTAC has administered state transportation The Pledge of Allegiance was led by Lauren Pattee, Page. funds, including Strategic Initiatives Program funds, to local highway jurisdictions through grant programs; and The Senate advanced to the Third Order of Business. WHEREAS, through its role as a resource for local highway jurisdictions, LHTAC has collected and published data regarding Reading and Correction of the Journal Idaho's local highway system; and The JUDICIARY AND RULES Committee reports that the WHEREAS, according to a 2014 study by LHTAC, the local Senate Journal of the proceedings of March 21, 2019, was read transportation system has 33,276 miles of roadways with 13% in and approved as corrected. fair condition and 27% in poor condition; and WHEREAS, according to 2019 data collected by LHTAC, LAKEY, Chairman Idaho's local highway system contains 2,417 bridges, 857 of which are at least fifty years old, 362 of which are load posted There being no objection, the report was adopted and ordered or closed, and 181 of which are in poor condition; and filed in the office of the Secretary of the Senate. WHEREAS, repair, replacement, and construction of local highway infrastructure is critical to public safety; and On request by Senator Winder, granted by unanimous WHEREAS, Idaho's transportation funding shortfall consent, the Senate advanced to the Fifth Order of Business. complicates the repair, replacement, and construction of highway infrastructure; and Petitions, Resolutions, and Memorials WHEREAS, the Legislature desires to learn more about the efficiencies that could be gained through implementation of a SCR 116 countywide approach to local highway administration; and BY STATE AFFAIRS COMMITTEE WHEREAS, the Legislature further desires to learn more A CONCURRENT RESOLUTION about LHTAC, its current role with respect to the local highway STATING FINDINGS OF THE LEGISLATURE AND system, how LHTAC may be best utilized in the future, and REQUESTING THAT THE JOINT LEGISLATIVE whether, and to what extent, the implementation of a countywide OVERSIGHT COMMITTEE DIRECT THE OFFICE OF highway system would enhance or minimize LHTAC's role as a PERFORMANCE EVALUATIONS TO MANAGE AN resource for such countywide jurisdictions; and INDEPENDENT EVALUATION REGARDING THE WHEREAS, the Legislature has the responsibility to ensure IMPLEMENTATION OF A COUNTYWIDE HIGHWAY that all resources of the State of Idaho are expended as efficiently DISTRICT SYSTEM AND THE ROLE OF THE LOCAL as possible. HIGHWAY TECHNICAL ASSISTANCE COUNCIL. NOW, THEREFORE, BE IT RESOLVED by the members of the First Regular Session of the Sixty-fifth Idaho Legislature, Be It Resolved by the Legislature of the State of Idaho: the Senate and the House of Representatives concurring therein, WHEREAS, Idaho Code currently provides for the that the Joint Legislative Oversight Committee is requested administration of local highways by counties, cities, to direct the Office of Performance Evaluations to manage an voter-approved countywide highway districts, and highway independent evaluation of efficiencies that could be obtained districts comprising areas smaller than the boundary of a single through implementation of a countywide approach to local county; and highway administration throughout Idaho, including analysis of WHEREAS, Idaho has nearly three hundred unique local LHTAC's role. Such evaluation shall be conducted by a qualified highway jurisdictions, including cities, counties, and highway out-of-state consultant or consultants without current contractual districts; and relationships with any Idaho political subdivisions, local highway 244 SENATE JOURNAL March 22, 2019] jurisdictions, the Idaho Transportation Department, LHTAC, or HEIDER, Chairman any consultant or contractor who works for or with any of the aforementioned individuals or entities. The evaluation shall, at a H 189, as amended, was filed for second reading. minimum, address the following: On request by Senator Winder, granted by unanimous (1) Whether cost-efficiencies and enhancements to public consent, the Senate advanced to the Eighth Order of Business. safety could be gained through implementation of a countywide approach to secondary highway administration, including the Messages from the Governor consolidation of local highway jurisdictions; (2) Whether Idaho's transportation system would benefit March 21, 2019 from or suffer any adverse consequences as a result of a countywide approach to local highway administration; The Honorable Janice McGeachin (3) Whether, on balance, the benefits that could be President of the Senate obtained through implementation of a countywide approach to Idaho Legislature secondary highway administration, including the consolidation of local highway districts into single countywide highway districts, Dear Madam President: would outweigh any adverse effects; and I have the honor to inform you that I have signed today and (4) LHTAC's current role with respect to local am transmitting to the Secretary of State the following Senate highway administration and whether, and to what extent, Bill, to wit: the implementation of a countywide highway system should enhance or minimize LHTAC's role. S 1107 BE IT FURTHER RESOLVED that the independent evaluation shall appropriately address Idaho's unique weather, Within the time prescribed by law, the same having arrived terrain, size, and many remote regions. in the Office of the Governor at the hour of 2:05 p.m. on March BE IT FURTHER RESOLVED that the Joint Legislative 20, 2019. Oversight Committee is requested to direct the Office of Performance Evaluations to develop and submit a report to the In my State of the State address, I spoke about utilizing all Legislature regarding the findings of the evaluation no later than budgeting mechanisms that “ensure our state remains fiscally the First Regular Session of the Sixty-sixth Idaho Legislature. sound over the long-term.” One key component of making sure At the conclusion of the consultant's work, the Joint Legislative we remain fiscally sound in state government is maintaining Oversight Committee is requested to submit the completed accurate fiscal notes for legislation. results of the independent evaluation to the Legislature. The In the statement of purpose for S 1107, there is a sunset results so reported are to include action-item recommendations provision in section 33-1004 which allows school districts and upon which the Legislature can act to improve local highway public charter schools to receive salary-based apportionment administration. based on adjusted mid-term support units, if the best 28-week SCR 116 was introduced, read at length, and referred to the units are at least 3-percent greater than mid-term support units. Judiciary and Rules Committee for printing. According to the most recent State Department of Education’s calculations, that sunset would save the state approximately Senator Brackett was recorded present at this order of $1.94 million, which is based on 19 support units at $102,100 business. for each support unit in the next fiscal year. The Senate advanced to the Sixth Order of Business. S 1107 would remove the sunset. So, it stands to reason that Reports of Standing Committees eliminating this sunset will affect the general fund by a similar amount. This was not reflected in the fiscal note for S 1107. March 21, 2019 Sincerely, The LOCAL GOVERNMENT AND TAXATION /s/ Brad Little Committee reports out H 193, as amended, with the Governor of Idaho recommendation that it do pass. The correspondence was ordered filed in the office of the RICE, Chairman Secretary of the Senate. H 193, as amended, was filed for second reading. March 21, 2019 March 21, 2019 The Honorable Janice McGeachin The LOCAL GOVERNMENT AND TAXATION President of the Senate Committee reports out H 259 with the recommendation that it Idaho Legislature be referred to the Fourteenth Order of Business for amendment. Dear Madam President: RICE, Chairman I have the honor to inform you that I have signed today and There being no objection, H 259 was referred to the am transmitting to the Secretary of State the following Senate Fourteenth Order of Business, General Calendar. Bill, to wit: March 22, 2019 S 1162 The RESOURCES AND ENVIRONMENT Committee Within the time prescribed by the law, the same having reports out H 189, as amended, with the recommendation that it arrived in the Office of the Governor at the hour of 2:05 p.m. on do pass. March 20, 2019. [March 22, 2019 SENATE JOURNAL 245

We have tremendous difficulty filling positions at the Idaho S 1163, S 1185, S 1023, S 1091, as amended, S 1133, S 1131, Department of Correction (IDOC) during boom economic times as amended, S 1190, S 1191, S 1197, S 1198, and S 1192 were and rapid turnover among probation officers. It will be hard to referred to the Judiciary and Rules Committee for enrolling. fill the 17 positions – 10 probation officers and seven support staff – authorized in this bill because these positions will have to March 21, 2019 be advertised as ending in one year. It will be especially difficult Dear Madam President: to fill the 10 probation officer vacancies because those positions require some POST training. The new, one-time probation I transmit herewith Enrolled HCR 17, H 192, H 245, H 246, officers will finish their training with little more than half of a H 177, H 164, H 184, H 201, H 244, H 141, H 207, H 209, year left of the one-time appropriation. Ironically, because of H 191, and H 106, as amended in the Senate, for the signature of the frequent turnover in these positions, IDOC will probably be the President. able to manage this year with this one-time appropriation. But structuring the appropriation in this manner is not helpful to the MAULIN, Chief Clerk personnel issues IDOC is facing. The President signed Enrolled HCR 17, H 192, H 245, My hope is that next year the legislature will make these H 246, H 177, H 164, H 184, H 201, H 244, H 141, H 207, 17 positions permanent as we work together to solve personnel H 209, H 191, and H 106, as amended in the Senate, and ordered issues at IDOC. them returned to the House. Sincerely, March 21, 2019 /s/ Brad Little Governor of Idaho Dear Madam President: The correspondence was ordered filed in the office of the I return herewith Enrolled S 1075, as amended, S 1129, as Secretary of the Senate. amended, S 1050, S 1087, S 1088, as amended, S 1093, S 1116, S 1122, S 1123, S 1134, S 1193, and S 1194, which have been March 22, 2019 signed by the Speaker. The Honorable Janice McGeachin MAULIN, Chief Clerk President of the Senate Idaho Legislature Enrolled S 1075, as amended, S 1129, as amended, S 1050, S 1087, S 1088, as amended, S 1093, S 1116, S 1122, S 1123, Dear Madam President: S 1134, S 1193, and S 1194 were referred to the Judiciary and Rules Committee for transmittal to the Office of the Governor. 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 Eleventh Order of Business. S 1022, S 1042, S 1043, S 1044, S 1048, Introduction, First Reading, and Reference of Bills, S 1059, S 1084, S 1085, S 1097, S 1142, House Petitions, Resolutions, and Memorials S 1155, S 1164, and S 1170 H 277, by Health and Welfare Committee, was introduced, Sincerely, read the first time at length, and referred to the Health and Welfare /s/ Brad Little Committee. Governor of Idaho H 265, by Appropriations Committee, was introduced, read The correspondence was ordered filed in the office of the the first time at length, and referred to the Finance Committee. Secretary of the Senate. The Senate advanced to the Twelfth Order of Business. The Senate advanced to the Ninth Order of Business. Second Reading of Bills Messages from the House S 1205, by Judiciary and Rules Committee, was read the March 21, 2019 second time at length and filed for third reading. Dear Madam President: H 149, as amended in the Senate, by Business Committee, I transmit herewith H 277 and H 265, which have passed the was read the second time at length and filed for third reading. House. H 194, as amended in the Senate, by Education Committee, MAULIN, Chief Clerk was read the second time at length and filed for third reading. H 277 and H 265 were filed for first reading. S 1124, as amended, by Judiciary and Rules Committee, was read the second time at length and filed for third reading. March 21, 2019 S 1159, as amended, by State Affairs Committee, was read Dear Madam President: the second time at length and filed for third reading. I return herewith S 1163, S 1185, S 1023, S 1091, as H 179, as amended, by Ways and Means Committee, was amended, S 1133, S 1131, as amended, S 1190, S 1191, S 1197, read the second time at length and filed for third reading. S 1198, and S 1192, which have passed the House. H 258, by Appropriations Committee, was read the second MAULIN, Chief Clerk time at length and filed for third reading. 246 SENATE JOURNAL March 22, 2019]

H 169, as amended in the Senate, by State Affairs was coordinated by Tyler Leenknecht, Secretary to the Secretary Committee, was read the second time at length and filed for third of the Senate. reading. IN THE SENATE S 1204, by State Affairs Committee, was read the second A SENATE MEMORIAL time at length and filed for third reading. WHEREAS, the late Senator H. DEAN SUMMERS The Senate advanced to the Thirteenth Order of Business. passed on since the close of the Second Regular Session of the Sixty-fourth Legislature to wit, January 9th, 2018. Third Reading of Bills WHEREAS, the late Senator H. DEAN SUMMERS served Motion to Suspend Rules in the interest of Ada County during the Thirty-ninth through the Moved by Senator Winder, seconded by Senator Stennett, Fourty-third Legislature of the State of Idaho. that all rules of the Senate interfering with the immediate passage NOW, THEREFORE BE IT RESOLVED that the Senate of of S 1159, as amended, be suspended; that the portions of Section the First Regular Session of the Sixty-fifth Legislature of the State 15, Article 3, of the Constitution of the State of Idaho requiring of Idaho draws public attention by this Memorial to the life and all bills to be read on three several days be dispensed with, this works of Senator H. DEAN SUMMERS; and being a case of urgency, and that S 1159, as amended, be read the third time at length, section by section, and be put upon its final BE IT FURTHER RESOLVED that the Senate of the First passage. The question being, "Shall the rules be suspended?" Regular Session of the Sixty-fith Idaho Legislature extends to the bereaved family the heartfelt sympathy of this entire body; and Roll call resulted as follows: BE IT FURTHER RESOLVED that the Secretary of the AYES–Agenbroad, Anthon, Bayer, Brackett, Burtenshaw, Senate be, and she is hereby instructed to spread this Memorial Cheatham, Crabtree, Den Hartog, Grow, Guthrie, Harris, upon the Journal of the Senate and to mail copies to the H. Heider, Hill, Jordan, Lakey, Lee, Lent, Lodge, Martin, Mathias DEAN SUMMERS family. (Buckner-Webb), Mortimer, Nelson, Patrick, Rice, Souza, Stennett, Thayn, Ward-Engelking, Winder, Woodward. Total - 30. On motion by Senator Winder, seconded by Senator Cheatham, the Memorial to the late Senator Dean NAYS–Burgoyne, Nye. Total - 2. Summers was adopted by voice vote. Absent and excused–Bair, Johnson, Vick. Total - 3. "Amazing Grace" was performed by the Lisa Dalmas. The Total - 35. Benediction was offered by Chaplin Montie Ralstin and the Memorial Service was dissolved. More than two-thirds having voted in the affirmative, the President declared the rules suspended. On request by Senator Winder, granted by unanimous consent, the Senate returned to the Sixth Order of Business. S 1159, 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 Grow arose as sponsor of the bill and opened the debate. March 22, 2019 The question being, "Shall the bill pass?" The FINANCE Committee reports out H 265 with the Roll call resulted as follows: recommendation that it do pass. AYES–Anthon, Bair, Burtenshaw, Cheatham, Grow, Harris, BAIR, Chairman Heider, Hill, Lakey, Lee, Lodge, Mortimer, Patrick, Rice, Souza, Thayn, Vick, Winder. Total - 18. H 265 was filed for second reading. NAYS–Agenbroad, Bayer, Brackett, Burgoyne, Crabtree, March 22, 2019 Den Hartog, Guthrie, Johnson, Jordan, Lent, Martin, Mathias (Buckner-Webb), Nelson, Nye, Stennett, Ward-Engelking, The STATE AFFAIRS Committee reports out H 199, as Woodward. Total - 17. amended, H 205, H 251, and H 270 with the recommendation that they do pass. Paired and voting included in roll call: AYE - Vick NAY - Johnson LODGE, Chairman H 199, as amended, H 205, H 251, and H 270 were filed for Total - 35. second reading. Whereupon the President declared S 1159, as On request by Senator Winder, granted by unanimous amended, passed, title was approved, and the bill ordered consent, the Senate advanced to the Eleventh Order of Business. transmitted to the House. Introduction, First Reading, and Reference of Bills, On request by Senator Winder, granted by unanimous House Petitions, Resolutions, and Memorials consent, the Senate went at ease and resolved itself into the Committee for the Memorial Service. S 1206 MEMORIAL SERVICE BY FINANCE COMMITTEE AN ACT The Service was conducted by Memorial Service Committee RELATING TO THE APPROPRIATION TO THE SUPREME Co-chairmen Senator Van T. Burtenshaw and Senator Don COURT FOR FISCAL YEAR 2020; APPROPRIATING Cheatham. The Invocation was delivered by Pro Tempore Brent ADDITIONAL MONEYS TO THE SUPREME COURT Hilll. "Ave Maria" was performed by Patti Syme. The Service FOR FISCAL YEAR 2020; AND EXEMPTING THE [March 22, 2019 SENATE JOURNAL 247

APPROPRIATION FROM OBJECT AND PROGRAM TRANSFER LIMITATIONS.

S 1207 BY FINANCE COMMITTEE AN ACT RELATING TO THE APPROPRIATION TO THE SUPREME COURT FOR FISCAL YEAR 2020; APPROPRIATING ADDITIONAL MONEYS TO THE SUPREME COURT FOR THE SUPREME COURT PROGRAM FOR FISCAL YEAR 2020; APPROPRIATING ADDITIONAL MONEYS TO THE SUPREME COURT FOR THE COURT OF APPEALS PROGRAM FOR FISCAL YEAR 2020; APPROPRIATING ADDITIONAL MONEYS TO THE SUPREME COURT FOR THE DISTRICT COURTS PROGRAM FOR FISCAL YEAR 2020; APPROPRIATING ADDITIONAL MONEYS TO THE SUPREME COURT FOR THE MAGISTRATE DIVISION PROGRAM FOR FISCAL YEAR 2020; AND EXEMPTING THE APPROPRIATION FROM OBJECT AND PROGRAM TRANSFER LIMITATIONS. S 1206 and S 1207 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 Stennett, by voice vote, the Senate adjourned at 12:20 p.m. until the hour of 9:30 a.m., Monday, March 25, 2019. JANICE MCGEACHIN, President Attest: JENNIFER NOVAK, Secretary 248 SENATE JOURNAL March 25, 2019]

SENATE JOURNAL SCR 116 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 S 1206 and S 1207 were referred to the Finance Committee. President Pro Tempore Hill and Senator Souza were recorded FIRST REGULAR SESSION present at this order of business. SIXTY-FIFTH LEGISLATURE March 22, 2019 The JUDICIARY AND RULES Committee reports that S 1163, S 1185, S 1023, S 1091, as amended, S 1133, S 1131, SEVENTY-EIGHTH LEGISLATIVE DAY as amended, S 1190, S 1191, S 1197, S 1198, and S 1192 have MONDAY, MARCH 25, 2019 been correctly enrolled. LAKEY, Chairman Senate Chamber The President signed Enrolled S 1163, S 1185, S 1023, President McGeachin called the Senate to order at 9:30 a.m. S 1091, as amended, S 1133, S 1131, as amended, S 1190, S 1191, S 1197, S 1198, and S 1192 and ordered them transmitted Roll call showed all members present except Senators to the House for the signature of the Speaker. Buckner-Webb and Burgoyne, absent and formally excused by the Chair. March 22, 2019 Prayer was offered by Chaplain Montie Ralstin. The JUDICIARY AND RULES Committee reports that The Pledge of Allegiance was led by Bret Bagley, Page. Enrolled S 1075, as amended, S 1129, as amended, S 1050, The Senate advanced to the Third Order of Business. S 1087, S 1088, as amended, S 1093, S 1116, S 1122, S 1123, S 1134, S 1193, and S 1194 were delivered to the Office of the Reading and Correction of the Journal Governor at 2:35 p.m., March 22, 2019. The JUDICIARY AND RULES Committee reports that the LAKEY, Chairman Senate Journal of the proceedings of March 22, 2019, was read and approved as corrected. The report was ordered filed in the office of the Secretary of the Senate. LAKEY, Chairman

There being no objection, the report was adopted and ordered March 25, 2019 filed in the office of the Secretary of the Senate. The STATE AFFAIRS Committee reports out H 206 with the On motion by Senator Winder, seconded by Senator Stennett, recommendation that it do pass. by voice vote the Senate recessed at 12:11 p.m. until the hour of 3 p.m. of this day. LODGE, Chairman RECESS H 206 was filed for second reading. AFTERNOON SESSION March 25, 2019 The Senate reconvened at 3 p.m., pursuant to recess, President McGeachin presiding. The STATE AFFAIRS Committee reports out H 122 with the recommendation that it be referred to the Fourteenth Order Roll call showed all members present except Senator of Business for amendment. Buckner-Webb, absent and formally excused by the Chair; and President Pro Tempore Hill and Senators Lodge and Souza, LODGE, Chairman absent and excused. There being no objection, H 122 was referred to the Prior to recess the Senate was at the Third Order of Business, Fourteenth Order of Business, General Calendar. Reading and Correction of Journal. March 25, 2019 On request by Senator Winder, granted by unanimous consent, the Senate advanced to the Sixth Order of Business. The LOCAL GOVERNMENT AND TAXATION Committee reports out H 183 with the recommendation that it Reports of Standing Committees do pass. March 25, 2019 RICE, Chairman The JUDICIARY AND RULES Committee reports that H 183 was filed for second reading. SCR 116, S 1206, and S 1207 have been correctly printed. On request by Senator Winder, granted by unanimous LAKEY, Chairman consent, the Senate advanced to the Eighth Order of Business. [March 25, 2019 SENATE JOURNAL 249

Messages from the Governor Sincerely, /s/ Brad Little March 25, 2019 Governor of Idaho The Honorable Janice McGeachin The correspondence was ordered filed in the office of the President of the Senate Secretary of the Senate. Idaho Legislature The Senate advanced to the Ninth Order of Business. Dear Madam President: Messages from the House I have the honor to inform you that I have appointed Yvonne McCoy of Boise, Idaho, to be Acting State Senator for Legislative March 22, 2019 District 19, Ada, State of Idaho. Dear Madam President: This appointment is effective March 25, 2019, and will continue until such time as Senator Cherie Buckner-Webb is able The House had under consideration the recommendations of to resume her duties. the Joint Publishing Committee, and report them adopted. Sincerely, MAULIN, Chief Clerk /s/ Brad Little Governor The recommendation's were ordered filed in the office of the Secretary of the Senate. THE OFFICE OF THE GOVERNOR EXECUTIVE DEPARTMENT March 22, 2019 BOISE, IDAHO Dear Madam President: CERTIFICATE OF APPOINTMENT I transmit herewith H 275, which has passed the House. KNOW ALL MEN, by these Presents, that pursuant to the provisions of Section 59-917, Idaho Code, Cherie MAULIN, Chief Clerk Buckner-Webb, State Senator, District 19, Ada, State of Idaho, has nominated Yvonne McCoy of Boise, Idaho, to perform the H 275 was filed for first reading. duties of this office temporarily as Acting State Senator, District 19, Ada. March 22, 2019 NOW, THEREFORE, I, Brad Little, Governor of the State of Dear Madam President: Idaho, by virtue of the authority vested in me do hereby appoint I return herewith S 1156, S 1105, S 1188, S 1189, S 1074, Yvonne McCoy to the office of State Senator, District 19, Ada, as amended, S 1152, S 1182, and S 1151, which have passed the State of Idaho, for a term commencing on March 25, 2019, and House. continuing until such time as Senator Buckner-Webb is able to resume her duties. MAULIN, Chief Clerk IN TESTIMONY WHEREOF, I have hereunto set my hand S 1156, S 1105, S 1188, S 1189, S 1074, as amended, S 1152, and caused to be affixed the Great Seal of the State of Idaho. S 1182, and S 1151 were referred to the Judiciary and Rules Committee for enrolling. Done at Boise, the Capital of Idaho, this Twenty-fifth day of March, in the year of our Lord two thousand and nineteen and March 22, 2019 of the Independence of the United States of America, the two hundred and forty-third year. Dear Madam President: /s/ BY THE GOVERNOR BRAD LITTLE I return herewith S 1029, which has failed to pass the House. /s/ SECRETARY OF STATE LAWERENCE DENNEY MAULIN, Chief Clerk The correspondence and Certificate of Appointment were ordered filed in the office of the Secretary of the Senate. S 1029 was ordered filed in the office of the Secretary of the Senate. The President announced that the Oath of Office had been administered previously to Acting Senator McCoy, and she was March 22, 2019 recorded present at this order of business. Dear Madam President: March 22, 2019 I transmit herewith Enrolled HCR 18, H 210, H 255, The Honorable Janice McGeachin H 256, H 257, H 260, H 261, and H 262 for the signature of the President of the Senate President. Idaho Legislature MAULIN, Chief Clerk Dear Madam President: The President signed Enrolled HCR 18, H 210, H 255, I have the honor to inform you that I have signed today and H 256, H 257, H 260, H 261, and H 262 and ordered them am transmitting to the Secretary of State the following Senate returned to the House. Bills, to wit: On request by Senator Winder, granted by unanimous S 1011, S 1086, and S 1119 consent, the Senate advanced to the Eleventh Order of Business. 250 SENATE JOURNAL March 25, 2019]

Introduction, First Reading, and Reference of Bills, H 189, as amended, by Ways and Means Committee, was House Petitions, Resolutions, and Memorials read the second time at length and filed for third reading. March 22, 2019 H 265, by Appropriations Committee, was read the second time at length and filed for third reading. Dear Madam President: H 199, as amended, and H 205, by State Affairs Committee, I return herewith Enrolled SCR 103, SJM 102, and were read the second time at length and filed for third reading. SJM 104, which have been signed by the Speaker. MAULIN, Chief Clerk H 251, by Ways and Means Committee, was read the second time at length and filed for third reading. Enrolled SCR 103, SJM 102, and SJM 104 were referred to the Judiciary and Rules Committee for transmittal to the Office H 270, by State Affairs Committee, was read the second time of the Secretary of State. at length and filed for third reading. March 22, 2019 The Senate advanced to the Thirteenth Order of Business. Dear Madam President: Third Reading of Bills I return herewith Enrolled S 1139 and S 1140, which have On request by Senator Winder, granted by unanimous been signed by the Speaker. consent, all Senate bills were placed at the head of the Third Reading Calendar, followed by House bills amended in the MAULIN, Chief Clerk Senate, followed by House bills. Enrolled S 1139 and S 1140 were referred to the Judiciary and On request by Senator Winder, granted by unanimous Rules Committee for transmittal to the Office of the Governor. consent, the Senate advanced to the Fifteenth Order of Business. S 1208 Miscellaneous Business BY FINANCE COMMITTEE AN ACT On motion by Senator Winder, seconded by Senator Stennett, RELATING TO ENCUMBERING APPROPRIATIONS; by voice vote, the Senate adjourned at 3:20 p.m. until the hour of REPEALING SECTION 67-3521, IDAHO CODE, RELATING 9:30 a.m., Tuesday, March 26, 2019. TO ENCUMBERING APPROPRIATIONS; AMENDING CHAPTER 35, TITLE 67, IDAHO CODE, BY THE ADDITION JANICE MCGEACHIN, President OF A NEW SECTION 67-3521, IDAHO CODE, TO PROVIDE FOR THE PURPOSES, REQUIREMENTS, LIMITATIONS, Attest: JENNIFER NOVAK, Secretary AND APPROVAL PROCESS FOR ENCUMBERING AN APPROPRIATION; AND PROVIDING AN EFFECTIVE DATE.

S 1209 BY STATE AFFAIRS COMMITTEE AN ACT RELATING TO MOTOR VEHICLES; AMENDING SECTION 49-432, IDAHO CODE, TO PROVIDE A CORRECT CODE REFERENCE; AMENDING SECTION 49-434, IDAHO CODE, TO PROVIDE FOR CERTAIN REGISTRATION AND MILEAGE USE FEES; AMENDING CHAPTER 4, TITLE 49, IDAHO CODE, BY THE ADDITION OF A NEW SECTION 49-436, IDAHO CODE, TO SPECIFY CERTAIN REQUIREMENTS REGARDING QUARTERLY REPORTS AND RECORDKEEPING, AND TO PROVIDE PENALTIES; AMENDING SECTION 49-439, IDAHO CODE, TO PROVIDE A CORRECT CODE REFERENCE; AND PROVIDING AN EFFECTIVE DATE. S 1208 and S 1209 were introduced, read the first time at length, and referred to the Judiciary and Rules Committee for printing. H 275, by Ways and Means Committee, was introduced, read the first time at length, and referred to the Commerce and Human Resources Committee. The Senate advanced to the Twelfth Order of Business. Second Reading of Bills H 193, as amended, by Revenue and Taxation Committee, was read the second time at length and filed for third reading. [March 26, 2019 SENATE JOURNAL 251

SENATE JOURNAL The JUDICIARY AND RULES Committee reports that Enrolled SCR 103, SJM 102, and SJM 104 were delivered to OF THE the Office of the Secretary of State at 4:21 p.m., March 25, 2019. IDAHO LEGISLATURE LAKEY, Chairman The report was ordered filed in the office of the Secretary of FIRST REGULAR SESSION the Senate. SIXTY-FIFTH LEGISLATURE March 25, 2019 The JUDICIARY AND RULES Committee reports that Enrolled S 1139 and S 1140 were delivered to the Office of the Governor at 4:11 p.m., March 25, 2019. SEVENTY-NINTH LEGISLATIVE DAY TUESDAY, MARCH 26, 2019 LAKEY, Chairman The report was ordered filed in the office of the Secretary of Senate Chamber the Senate. President Pro Tempore Hill called the Senate to order at 9:30 March 25, 2019 a.m. The FINANCE Committee reports out S 1206 and Roll call showed all members present except Senator S 1207 with the recommendation that they do pass. Johnson, absent and excused. BAIR, Chairman Prayer was offered by Chaplain Montie Ralstin. S 1206 and S 1207 were filed for second reading. The Pledge of Allegiance was led by Jakob Alt, Page. On request by Senator Winder, granted by unanimous The Senate advanced to the Third Order of Business. consent, the Senate advanced to the Eighth Order of Business. Reading and Correction of the Journal Messages from the Governor The JUDICIARY AND RULES Committee reports that the March 25, 2019 Senate Journal of the proceedings of March 25, 2019, was read and approved as corrected. The Honorable Janice McGeachin LAKEY, Chairman President of the Senate Idaho Legislature There being no objection, the report was adopted and ordered filed in the office of the Secretary of the Senate. Dear Madam President: On request by Senator Winder, granted by unanimous I have the honor to inform you that I have signed today and consent, the Senate advanced to the Sixth Order of Business. am transmitting to the Secretary of State the following Senate Bills, to wit: Reports of Standing Committees S 1050, S 1071, S 1075, as amended, S 1078, March 26, 2019 S 1087, S 1088, as amended, S 1093, S 1116, S 1122, S 1123, S 1129, as amended, S 1134, The JUDICIARY AND RULES Committee reports that S 1139, S 1193, and S 1194 S 1208 and S 1209 have been correctly printed. Sincerely, LAKEY, Chairman /s/ Brad Little S 1208 was referred to the Finance Committee. Governor of Idaho S 1209 was referred to the Transportation Committee. The correspondence was ordered filed in the office of the Secretary of the Senate. March 25, 2019 The Senate advanced to the Ninth Order of Business. The JUDICIARY AND RULES Committee reports that S 1156, S 1105, S 1188, S 1189, S 1074, as amended, S 1152, Messages from the House S 1182, and S 1151 have been correctly enrolled. March 25, 2019 LAKEY, Chairman Dear Mr. President: The President Pro Tempore signed Enrolled S 1156, S 1105, S 1188, S 1189, S 1074, as amended, S 1152, S 1182, and I transmit herewith H 281, H 282, H 283, H 284, H 285, S 1151 and ordered them transmitted to the House for the H 286, H 287, and H 288, which have passed the House. signature of the Speaker. MAULIN, Chief Clerk March 25, 2019 252 SENATE JOURNAL March 26, 2019]

H 281, H 282, H 283, H 284, H 285, H 286, H 287, and S 1057, as amended in the House, was referred to the H 288 were filed for first reading. Judiciary and Rules Committee for engrossing. March 25, 2019 The President Pro Tempore announced that the House amendments to S 1060, as amended, as amended in the Dear Mr. President: House, were before the Senate for consideration as to possible I return herewith S 1200, S 1073, S 1104, as amended, concurrence, the question being, "Shall the Senate concur in the SCR 106, SCR 112, S 1003, as amended, SJM 106, S 1146, House amendments to S 1060, as amended, as amended in the S 1110, as amended, S 1199, S 1180, and S 1056, as amended, House?" which have passed the House. On request by Senator Thayn, granted by unanimous consent, MAULIN, Chief Clerk the Senate concurred by voice vote in the House amendments to S 1060, as amended, as amended in the House. S 1200, S 1073, S 1104, as amended, SCR 106, SCR 112, S 1003, as amended, SJM 106, S 1146, S 1110, as amended, S 1060, as amended, as amended in the House, was referred S 1199, S 1180, and S 1056, as amended, were referred to the to the Judiciary and Rules Committee for engrossing. Judiciary and Rules Committee for enrolling. The President Pro Tempore announced that the March 25, 2019 Transportation Committee report relative to the Gubernatorial appointment of James R. Thompson was before the Senate for Dear Mr. President: final consideration, the question being, "Shall the report be adopted?" I return herewith S 1113, as amended in the House, S 1057, as amended in the House, and S 1060, as amended, as amended On motion by Senator Woodward, seconded by in the House, which have passed the House. Senator Nelson, the Gubernatorial appointment of James R. Thompson as a member of the Idaho Transportation Board was MAULIN, Chief Clerk confirmed by voice vote. On request by Senator Lodge, granted by unanimous consent, The President Pro Tempore declared the report adopted S 1113, as amended in the House, was referred to the Tenth Order and directed the Secretary of the Senate to prepare a letter of of Business, Motions and Resolutions, for consideration as to the Gubernatorial appointment confirmation for his signature, possible concurrence in the House amendments. attested to by the Secretary, to be transmitted to the Governor informing him of the action of the Senate. On request by Senator Crabtree, granted by unanimous consent, S 1057, as amended in the House, was referred The President Pro Tempore announced that SCR 116 was to the Tenth Order of Business, Motions and Resolutions, before the Senate for final consideration. for consideration as to possible concurrence in the House amendments. Moved by Senator Brackett, seconded by Senator Ward-Engelking, that SCR 116 be adopted. The On request by Senator Thayn, granted by unanimous question being, "Shall the resolution be adopted?" consent, S 1060, as amended, as amended in the House, was referred to the Tenth Order of Business, Motions and Resolutions, Roll call resulted as follows: for consideration as to possible concurrence in the House amendments. AYES–Agenbroad, Anthon, Bair, Brackett, Burtenshaw, Crabtree, Den Hartog, Grow, Harris, Heider, Hill, Lakey, Lee, The Senate advanced to the Tenth Order of Business. Lodge, Martin, Nelson, Patrick, Rice, Winder, Woodward. Total - 20. Motions and Resolutions NAYS–Bayer, Burgoyne, Cheatham, Guthrie, Jordan, Lent, The President Pro Tempore announced that the House McCoy (Buckner-Webb), Mortimer, Nye, Souza, Stennett, amendments to S 1113, as amended in the House, were before the Thayn, Vick, Ward-Engelking. Total - 14. Senate for consideration as to possible concurrence, the question being, "Shall the Senate concur in the House amendments to Absent and excused–Johnson. Total - 1. S 1113, as amended in the House?" Total - 35. On request by Senator Lodge, granted by unanimous consent, the Senate concurred by voice vote in the House amendments to Whereupon the President Pro Tempore declared S 1113, as amended in the House. SCR 116 adopted, title was approved, and the resolution ordered transmitted to the House. S 1113, as amended in the House, was referred to the Judiciary and Rules Committee for engrossing. The Senate advanced to the Eleventh Order of Business. The President Pro Tempore announced that the House Introduction, First Reading, and Reference of Bills, amendments to S 1057, as amended in the House, were before the House Petitions, Resolutions, and Memorials Senate for consideration as to possible concurrence, the question H 281, H 282, H 283, H 284, H 285, H 286, H 287, and being, "Shall the Senate concur in the House amendments to H 288, by Appropriations Committee, were introduced, read the S 1057, as amended in the House?" first time at length, and referred to the Finance Committee. On request by Senator Crabtree, granted by unanimous The Senate advanced to the Twelfth Order of Business. consent, the Senate concurred by voice vote in the House amendments to S 1057, as amended in the House. Second Reading of Bills [March 26, 2019 SENATE JOURNAL 253

H 206, by State Affairs Committee, was read the second time designed to allow spectators to stand or sit and view the at length and filed for third reading. event; (b) "Municipal building" means only an administrative H 183, by Revenue and Taxation Committee, was read the building, city hall, library, courthouse, public safety or law second time at length and filed for third reading. enforcement buildings, other judicial buildings, fire stations, jails, and detention facilities that are not subject to property On request by Senator Winder, granted by unanimous taxation whether they are, or are intended to be, owned consent, the Senate advanced to the Fourteenth Order of or operated by or leased to a public body for the public's Business. benefit; General Calendar (bc) "Project costs" shall have the same meaning as provided in section 50-2903(14), Idaho Code; The President Pro Tempore declared the Senate resolved into (d) "Public body" shall have the same meaning as provided the Committee of the Whole and called Senator Vick to the Chair in section 50-2018(3), Idaho Code; to preside during the sitting of the Committee of the Whole. (e) "Public funds" shall mean the funds collected or received by a public body but shall not include grants or Following the adjournment of the Committee of the Whole, donations from private entities or individuals to the public the President called the Senate to order. body.". On page 2, delete lines 1 through 3. Report of the Committee of the Whole CORRECTION TO TITLE Senator Vick, Chairman of the Committee of the Whole, On page 1, in line 4, delete "IMPROVEMENTS, TO reported out H 217 and H 259, without recommendation, DEFINE A TERM" and insert: "EXCEPTIONS, TO DEFINE amended as follows: TERMS"; and in line 5, delete "; AND DECLARING AN EMERGENCY". SENATE AMENDMENT TO H 217 AMENDMENT TO THE BILL SENATE AMENDMENT TO H 259 On page 1 of the printed bill, delete lines 7 through 41, and AMENDMENT TO SECTION 4 insert: On page 4 of the printed bill, in line 24, delete "subsection (2) of"; in line 25, delete "All" and insert: "From June 1, 2019, "SECTION 1. That Section 50-2905A, Idaho Code, be, and through June 30, 2024, all"; after line 34, insert: the same is hereby amended to read as follows: "(3) On and after July 1, 2024, all state sales and use taxes described in subsection (1) of this section shall be distributed by 50-2905A. ELECTION NECESSARY the state tax commission as follows: FOR EXPENDITURES ON CERTAIN (a) An amount of money shall be distributed to the state PROJECTS. (1) Notwithstanding any other provision of this refund account sufficient to pay current refund claims under chapter, on and after July 1, 2016 the effective date of this act, this section. All refunds authorized for payment by the it shall be unlawful for an urban renewal agency to expend state tax commission shall be paid through the state refund revenue collected under this chapter on project costs when account, and those moneys are continuously appropriated; either the amount of revenue collected under this chapter, and or the amount of revenue collected under this chapter plus (b) The remaining funds shall be distributed through the any other public funds, not including federal funds or federal distribution formula set forth for other sales and use tax funds administered by a public body, contributes to fifty-one revenue in section 63-3638, Idaho Code, except that the percent (51%) or more of the total project cost and the project remainder after distribution shall not be paid to the general is for construction of a municipal building that will not be fund pursuant to section 63-3638(15), Idaho Code, but shall subject to property taxation or a multipurpose sports stadium instead be paid to the tax relief fund established in section complex, or the remodel of such a building or complex, with 57-811, Idaho Code."; a total project cost exceeding one million dollars ($1,000,000) and in line 35, delete "(3)" and insert: "(4)". unless such construction project is first approved in an election CORRECTION TO TITLE by sixty percent (60%) of the participating qualified electors On page 1, in line 14, following "FORMULA" insert: "FOR residing within the borders of the qualified municipality. An A PERIOD OF TIME". election pursuant to this section shall be in accordance with the provisions of chapter 1, title 34, Idaho Code. The total project The Committee also has H 162 and H 122 under cost described in this subsection shall not include the cost of any consideration, reports progress, and begs leave to sit again. infrastructure or belowground improvements including, but not limited to, water, sewer, storm drainage, electrical, natural gas, VICK, Chairman telecommunication, or other similar systems and lines, streets, On motion by Senator Vick, seconded by Senator Jordan, the roads, curbs, gutters, sidewalks, walkways, parking facilities, report was adopted by voice vote. or unoccupied auxiliary structures. This section shall not be construed to require an election regarding bonds issued prior to H 217, as amended in the Senate, and H 259, as amended the effective date of this act. in the Senate, were filed for first reading as amended, and the (2) For purposes of this section, the following terms shall amendments thereto were referred to the Judiciary and Rules have the following meanings: Committee for printing. (a) "Multipurpose sports stadium complex" means a place or venue for indoor or outdoor sports, concerts, or other On request by Senator Winder, granted by unanimous events that contains a field or other playing surface or area consent, the Senate returned to the Thirteenth Order of Business. either partly or completely surrounded by a tiered structure Third Reading of Bills 254 SENATE JOURNAL March 26, 2019]

On request by Senator Martin, granted by unanimous AYES–Agenbroad, Anthon, Bair, Bayer, Brackett, Burgoyne, consent, S 1204 was referred to the Fourteenth Order of Business, Burtenshaw, Cheatham, Crabtree, Den Hartog, Grow, Guthrie, General Calendar. Harris, Heider, Hill, Johnson, Jordan, Lakey, Lee, Lent, Lodge, Martin, McCoy (Buckner-Webb), Mortimer, Nelson, Nye, On request by Senator Lodge, granted by unanimous consent, Patrick, Rice, Souza, Stennett, Thayn, Vick, Ward-Engelking, S 1177 was referred to the State Affairs Committee. Winder, Woodward. Total - 35. On request by Senator Lakey, granted by unanimous consent, Whereupon the President Pro Tempore declared H 78, as S 1124, as amended, was referred to the Judiciary and Rules amended, as amended in the Senate, passed, title was approved, Committee. and the bill ordered returned to the House. S 1202 was read the third time at length, section by section, H 137, 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 Johnson arose as sponsor of the bill and opened the debate. The Senate for final consideration. Senator Lee arose as sponsor of question being, "Shall the bill pass?" the bill and opened the debate. The question being, "Shall the bill Roll call resulted as follows: pass?" AYES–Agenbroad, Anthon, Bair, Bayer, Brackett, Burgoyne, Roll call resulted as follows: Burtenshaw, Cheatham, Crabtree, Den Hartog, Grow, Guthrie, AYES–Agenbroad, Anthon, Bair, Bayer, Brackett, Burgoyne, Harris, Heider, Hill, Johnson, Jordan, Lakey, Lee, Lent, Lodge, Burtenshaw, Cheatham, Crabtree, Den Hartog, Grow, Guthrie, Martin, McCoy (Buckner-Webb), Mortimer, Nelson, Nye, Harris, Heider, Hill, Johnson, Jordan, Lakey, Lee, Lent, Lodge, Patrick, Rice, Souza, Stennett, Thayn, Vick, Ward-Engelking, Martin, McCoy (Buckner-Webb), Mortimer, Nelson, Nye, Winder, Woodward. Total - 35. Patrick, Rice, Souza, Stennett, Thayn, Vick, Ward-Engelking, Whereupon the President Pro Tempore declared Winder, Woodward. Total - 35. S 1202 passed, title was approved, and the bill ordered Whereupon the President Pro Tempore declared H 137, as transmitted to the House. amended, as amended in the Senate, passed, title was approved, S 1203 was read the third time at length, section by section, and the bill ordered returned to the House. and placed before the Senate for final consideration. Senator H 30, as amended in the Senate, was read the third time at Johnson arose as sponsor of the bill and opened the debate. The length, section by section, and placed before the Senate for final question being, "Shall the bill pass?" consideration. Senator Burgoyne arose as sponsor of the bill and Roll call resulted as follows: opened the debate. The question being, "Shall the bill pass?" Roll call resulted as follows: AYES–Agenbroad, Anthon, Bair, Bayer, Brackett, Burgoyne, Burtenshaw, Cheatham, Crabtree, Den Hartog, Grow, Guthrie, AYES–Agenbroad, Anthon, Bair, Bayer, Brackett, Burgoyne, Harris, Heider, Hill, Johnson, Jordan, Lakey, Lee, Lent, Lodge, Burtenshaw, Cheatham, Crabtree, Den Hartog, Grow, Guthrie, Martin, McCoy (Buckner-Webb), Mortimer, Nelson, Nye, Harris, Heider, Hill, Johnson, Jordan, Lakey, Lee, Lent, Lodge, Patrick, Rice, Souza, Stennett, Thayn, Vick, Ward-Engelking, Martin, McCoy (Buckner-Webb), Mortimer, Nelson, Nye, Winder, Woodward. Total - 35. Patrick, Rice, Souza, Stennett, Thayn, Vick, Ward-Engelking, Winder, Woodward. Total - 35. Whereupon the President Pro Tempore declared S 1203 passed, title was approved, and the bill ordered Whereupon the President Pro Tempore declared H 30, as transmitted to the House. amended in the Senate, passed, title was approved, and the bill ordered returned to the House. S 1205 was read the third time at length, section by section, and placed before the Senate for final consideration. Senator H 149, as amended in the Senate, was read the third time Lakey arose as sponsor of the bill and opened the debate. The at length, section by section, and placed before the Senate for question being, "Shall the bill pass?" final consideration. Senator Thayn 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–Agenbroad, Anthon, Bair, Bayer, Brackett, Burgoyne, Burtenshaw, Cheatham, Crabtree, Den Hartog, Grow, Guthrie, AYES–Agenbroad, Anthon, Bair, Bayer, Brackett, Burgoyne, Harris, Heider, Hill, Johnson, Jordan, Lakey, Lee, Lent, Lodge, Burtenshaw, Cheatham, Crabtree, Den Hartog, Grow, Guthrie, Martin, McCoy (Buckner-Webb), Mortimer, Nelson, Nye, Harris, Heider, Hill, Johnson, Jordan, Lakey, Lee, Lent, Lodge, Patrick, Rice, Souza, Stennett, Thayn, Vick, Ward-Engelking, Martin, McCoy (Buckner-Webb), Mortimer, Nelson, Nye, Winder, Woodward. Total - 35. Patrick, Rice, Souza, Stennett, Thayn, Vick, Ward-Engelking, Winder, Woodward. Total - 35. Whereupon the President Pro Tempore declared S 1205 passed, title was approved, and the bill ordered Whereupon the President Pro Tempore declared H 149, as transmitted to the House. amended in the Senate, passed, title was approved, and the bill ordered returned to the House. H 78, as amended, as amended in the Senate, was read the third time at length, section by section, and placed before the H 194, as amended in the Senate, was read the third time at Senate for final consideration. Senator Lee arose as sponsor of length, section by section, and placed before the Senate for final the bill and opened the debate. The question being, "Shall the bill consideration. Senator Mortimer arose as sponsor of the bill and pass?" opened the debate. The question being, "Shall the bill pass?" Roll call resulted as follows: Roll call resulted as follows: [March 26, 2019 SENATE JOURNAL 255

AYES–Agenbroad, Anthon, Bair, Bayer, Burgoyne, S 1113, as amended in the House, by State Affairs Burtenshaw, Cheatham, Den Hartog, Grow, Guthrie, Heider, Committee, was read the first time at length and filed for second Hill, Johnson, Lakey, Lent, Martin, McCoy (Buckner-Webb), reading. Mortimer, Nye, Patrick, Souza, Thayn, Vick, Ward-Engelking, Winder. Total - 25. S 1057, as amended in the House, and S 1060, as amended, as amended in the House, by Education Committee, were read the NAYS–Brackett, Crabtree, Harris, Jordan, Lee, Lodge, first time at length and filed for second reading. Nelson, Rice, Stennett, Woodward. Total - 10. On request by Senator Winder, granted by unanimous Total - 35. consent, the Senate returned to the Fifth Order of Business. Whereupon the President Pro Tempore declared H 194, as Petitions, Resolutions, and Memorials amended in the Senate, passed, title was approved, and the bill ordered returned to the House. On motion by Senator Winder, seconded by Senator Stennett, by voice vote the Senate recessed at 12:19 p.m. until the hour of H 169, as amended in the Senate, was read the third time 2:30 p.m. of this day. at length, section by section, and placed before the Senate for final consideration. Senator Harris arose as sponsor of the bill and RECESS opened the debate. The question being, "Shall the bill pass?" AFTERNOON SESSION Roll call resulted as follows: The Senate reconvened at 2:30 p.m., pursuant to recess, President Pro Tempore Hill presiding. AYES–Agenbroad, Anthon, Bair, Bayer, Burtenshaw, Cheatham, Crabtree, Den Hartog, Grow, Guthrie, Harris, Heider, Roll call showed all members present except Senators Bair, Hill, Johnson, Lakey, Lee, Lent, Lodge, Martin, Mortimer, Rice, Brackett, Lee, Martin, and Ward-Engelking, absent and excused. Souza, Thayn, Vick, Winder, Woodward. Total - 26. Prior to recess the Senate was at the Fifth Order of Business, NAYS–Brackett, Burgoyne, Jordan, McCoy Petitions, Resolutions, and Memorials. (Buckner-Webb), Nelson, Nye, Patrick, Stennett, Ward-Engelking. Total - 9. The Senate advanced to the Sixth Order of Business. Total - 35. Reports of Standing Committees Whereupon the President Pro Tempore declared H 169, as March 26, 2019 amended in the Senate, passed, title was approved, and the bill ordered returned to the House. The JUDICIARY AND RULES Committee reports that S 1200, S 1073, S 1104, as amended, SCR 106, SCR 112, On request by Senator Winder, granted by unanimous S 1003, as amended, SJM 106, S 1146, S 1110, as amended, consent, the Senate returned to the Sixth Order of Business. S 1199, S 1180, and S 1056, as amended, have been correctly enrolled. Reports of Standing Committees March 26, 2019 LAKEY, Chairman The JUDICIARY AND RULES Committee reports that The President Pro Tempore signed Enrolled S 1200, S 1073, S 1113, as amended in the House, S 1057, as amended in the S 1104, as amended, SCR 106, SCR 112, S 1003, as amended, House, and S 1060, as amended, as amended in the House, have SJM 106, S 1146, S 1110, as amended, S 1199, S 1180, and been correctly engrossed. S 1056, as amended, and ordered them transmitted to the House for the signature of the Speaker. LAKEY, Chairman March 26, 2019 S 1113, as amended in the House, S 1057, as amended in the House, and S 1060, as amended, as amended in the House, were The FINANCE Committee reports out H 281, H 282, filed for first reading. H 283, H 284, H 285, H 286, H 287, and H 288 with the recommendation that they do pass. March 26, 2019 BAIR, Chairman The JUDICIARY AND RULES Committee reports that Senate amendments to H 217 and H 259 have been correctly H 281, H 282, H 283, H 284, H 285, H 286, H 287, and printed. H 288 were filed for second reading. LAKEY, Chairman March 26, 2019 The report was ordered filed in the office of the Secretary of The COMMERCE AND HUMAN RESOURCES the Senate. Committee reports out H 275 with the recommendation that it do pass. On request by Senator Winder, granted by unanimous consent, the Senate advanced to the Eleventh Order of Business. PATRICK, Chairman Introduction, First Reading, and Reference of Bills, H 275 was filed for second reading. House Petitions, Resolutions, and Memorials Senator Bair was recorded present at this order of business. H 217, as amended in the Senate, and H 259, as amended in the Senate, by Revenue and Taxation Committee, were read the On request by Senator Winder, granted by unanimous first time at length and filed for second reading. consent, the Senate advanced to the Thirteenth Order of Business. 256 SENATE JOURNAL March 26, 2019]

Third Reading of Bills Harris, Heider, Hill, Johnson, Jordan, Lakey, Lee, Lent, Lodge, Martin, McCoy (Buckner-Webb), Mortimer, Nelson, Nye, H 254 was read the third time at length, section by section, Patrick, Rice, Souza, Stennett, Thayn, Vick, Ward-Engelking, and placed before the Senate for final consideration. Senator Winder, Woodward. Total - 35. Burtenshaw arose as sponsor of the bill and opened the debate. The question being, "Shall the bill pass?" Whereupon the President Pro Tempore declared H 267 passed, title was approved, and the bill ordered returned Roll call resulted as follows: to the House. AYES–Agenbroad, Anthon, Bair, Brackett, Burgoyne, H 268 was read the third time at length, section by section, Burtenshaw, Crabtree, Grow, Guthrie, Harris, Heider, Hill, and placed before the Senate for final consideration. Senator Johnson, Jordan, Lakey, Lee, Lent, Lodge, Martin, McCoy Ward-Engelking arose as sponsor of the bill and opened the (Buckner-Webb), Nelson, Nye, Patrick, Rice, Souza, Stennett, debate. The question being, "Shall the bill pass?" Thayn, Ward-Engelking, Winder, Woodward. Total - 30. NAYS–Bayer, Cheatham, Den Hartog, Mortimer, Vick. Roll call resulted as follows: Total - 5. AYES–Agenbroad, Anthon, Bair, Bayer, Brackett, Burgoyne, Total - 35. Burtenshaw, Cheatham, Crabtree, Den Hartog, Grow, Guthrie, Harris, Heider, Hill, Johnson, Jordan, Lakey, Lee, Lent, Lodge, Whereupon the President Pro Tempore declared Martin, McCoy (Buckner-Webb), Mortimer, Nelson, Nye, H 254 passed, title was approved, and the bill ordered returned Patrick, Rice, Souza, Stennett, Thayn, Vick, Ward-Engelking, to the House. Winder, Woodward. Total - 35. H 263 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 268 passed, title was approved, and the bill ordered returned Crabtree arose as sponsor of the bill and opened the debate. The to the House. question being, "Shall the bill pass?" H 208 was read the third time at length, section by section, Roll call resulted as follows: and placed before the Senate for final consideration. Senator Den AYES–Agenbroad, Anthon, Bair, Bayer, Brackett, Burgoyne, Hartog arose as sponsor of the bill and opened the debate. The Burtenshaw, Cheatham, Crabtree, Den Hartog, Grow, Guthrie, question being, "Shall the bill pass?" Harris, Heider, Hill, Johnson, Jordan, Lakey, Lee, Lent, Lodge, Roll call resulted as follows: Martin, McCoy (Buckner-Webb), Mortimer, Nelson, Nye, Patrick, Rice, Souza, Stennett, Thayn, Vick, Ward-Engelking, AYES–Agenbroad, Anthon, Bair, Bayer, Brackett, Burgoyne, Winder, Woodward. Total - 35. Burtenshaw, Cheatham, Crabtree, Den Hartog, Grow, Guthrie, Harris, Heider, Hill, Johnson, Jordan, Lakey, Lee, Lent, Lodge, Whereupon the President Pro Tempore declared Martin, McCoy (Buckner-Webb), Mortimer, Nelson, Nye, H 263 passed, title was approved, and the bill ordered returned Patrick, Rice, Souza, Stennett, Thayn, Vick, Ward-Engelking, to the House. Winder, Woodward. Total - 35. H 264 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 208 passed, title was approved, and the bill ordered returned Johnson arose as sponsor of the bill and opened the debate. The to the House. question being, "Shall the bill pass?" H 248 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–Agenbroad, Bair, Bayer, Brackett, Burgoyne, Lakey arose as sponsor of the bill and opened the debate. The Burtenshaw, Cheatham, Crabtree, Den Hartog, Guthrie, Harris, question being, "Shall the bill pass?" Heider, Hill, Johnson, Jordan, Lakey, Lee, Lent, Lodge, McCoy (Buckner-Webb), Nelson, Nye, Patrick, Rice, Souza, Stennett, Roll call resulted as follows: Thayn, Vick, Ward-Engelking, Winder, Woodward. Total - 31. AYES–Agenbroad, Anthon, Bair, Bayer, Brackett, Burgoyne, NAYS–Grow, Martin, Mortimer. Total - 3. Burtenshaw, Cheatham, Crabtree, Den Hartog, Grow, Guthrie, Harris, Heider, Hill, Johnson, Jordan, Lakey, Lee, Lent, Lodge, Absent and excused–Anthon. Total - 1. Martin, McCoy (Buckner-Webb), Mortimer, Nelson, Nye, Patrick, Rice, Souza, Stennett, Thayn, Vick, Ward-Engelking, Total - 35. Winder, Woodward. Total - 35. Whereupon the President Pro Tempore declared Whereupon the President Pro Tempore declared H 264 passed, title was approved, and the bill ordered returned H 248 passed, title was approved, and the bill ordered returned to the House. to the House. H 267 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 Ward-Engelking arose as sponsor of the bill and opened the consent, H 139 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 274 was read the third time at length, section by section, and placed before the Senate for final consideration. Senator AYES–Agenbroad, Anthon, Bair, Bayer, Brackett, Burgoyne, Crabtree arose as sponsor of the bill and opened the debate. The Burtenshaw, Cheatham, Crabtree, Den Hartog, Grow, Guthrie, question being, "Shall the bill pass?" [March 26, 2019 SENATE JOURNAL 257

Roll call resulted as follows: Whereupon the President Pro Tempore declared H 258 passed, title was approved, and the bill ordered returned AYES–Agenbroad, Anthon, Bair, Bayer, Brackett, Burgoyne, to the House. Burtenshaw, Cheatham, Crabtree, Den Hartog, Grow, Guthrie, Harris, Heider, Hill, Johnson, Jordan, Lakey, Lee, Lent, Lodge, On request by Senator Winder, granted by unanimous Martin, McCoy (Buckner-Webb), Mortimer, Nelson, Nye, consent, H 193, as amended, retained its place on the Third Patrick, Rice, Souza, Stennett, Thayn, Vick, Ward-Engelking, Reading Calendar for one legislative day. Winder, Woodward. Total - 35. H 189, as amended, was read the third time at length, section Whereupon the President Pro Tempore declared by section, and placed before the Senate for final consideration. H 274 passed, title was approved, and the bill ordered returned Senator Lakey arose as sponsor of the bill and opened the debate. to the House. The question being, "Shall the bill pass?" On request by Senator Winder, granted by unanimous Roll call resulted as follows: consent, H 266 retained its place on the Third Reading Calendar. AYES–Agenbroad, Anthon, Bair, Bayer, Brackett, Burgoyne, H 179, as amended, was read the third time at length, section Burtenshaw, Cheatham, Crabtree, Den Hartog, Grow, Guthrie, by section, and placed before the Senate for final consideration. Harris, Heider, Hill, Johnson, Jordan, Lakey, Lee, Lent, Lodge, Senator Brackett arose as sponsor of the bill and opened the Martin, McCoy (Buckner-Webb), Mortimer, Nelson, Nye, debate. The question being, "Shall the bill pass?" Patrick, Rice, Souza, Stennett, Thayn, Vick, Ward-Engelking, Winder, Woodward. Total - 35. Roll call resulted as follows: Whereupon the President Pro Tempore declared H 189, as AYES–Agenbroad, Bair, Brackett, Burgoyne, Burtenshaw, amended, passed, title was approved, and the bill ordered returned Den Hartog, Grow, Heider, Hill, Johnson, Jordan, Lakey, Lee, to the House. Lent, Lodge, Martin, Mortimer, Nelson, Nye, Patrick, Stennett, Ward-Engelking, Winder. Total - 23. H 265 was read the third time at length, section by section, and placed before the Senate for final consideration. Senator NAYS–Bayer, Cheatham, Crabtree, Guthrie, Harris, Rice, Johnson arose as sponsor of the bill and opened the debate. The Souza, Thayn, Vick, Woodward. Total - 10. question being, "Shall the bill pass?" Absent and excused–Anthon, McCoy (Buckner-Webb). Roll call resulted as follows: Total - 2. AYES–Agenbroad, Anthon, Bair, Bayer, Brackett, Burgoyne, Total - 35. Burtenshaw, Cheatham, Crabtree, Den Hartog, Grow, Guthrie, Harris, Heider, Hill, Johnson, Jordan, Lakey, Lee, Lent, Lodge, Whereupon the President Pro Tempore declared H 179, as Martin, McCoy (Buckner-Webb), Mortimer, Nelson, Nye, amended, passed, title was approved, and the bill ordered returned Patrick, Rice, Souza, Stennett, Thayn, Vick, Ward-Engelking, to the House. Winder, Woodward. Total - 35. H 266, having been held, was read the third time at length, Whereupon the President Pro Tempore declared section by section, and placed before the Senate for final H 265 passed, title was approved, and the bill ordered returned consideration. Senator Lee arose as sponsor of the bill and to the House. opened the debate. The question being, "Shall the bill pass?" H 199, 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. AYES–Agenbroad, Anthon, Bair, Bayer, Brackett, Burgoyne, Senator Vick arose as sponsor of the bill and opened the debate. Burtenshaw, Cheatham, Crabtree, Den Hartog, Grow, Guthrie, The question being, "Shall the bill pass?" Harris, Heider, Hill, Johnson, Jordan, Lakey, Lee, Lent, Lodge, Roll call resulted as follows: Martin, McCoy (Buckner-Webb), Mortimer, Nelson, Nye, Patrick, Rice, Souza, Stennett, Thayn, Vick, Ward-Engelking, AYES–Agenbroad, Anthon, Bair, Bayer, Brackett, Burgoyne, Winder, Woodward. Total - 35. Burtenshaw, Cheatham, Crabtree, Den Hartog, Grow, Guthrie, Harris, Heider, Hill, Johnson, Jordan, Lakey, Lee, Lent, Lodge, Whereupon the President Pro Tempore declared Martin, McCoy (Buckner-Webb), Mortimer, Nelson, Nye, H 266 passed, title was approved, and the bill ordered returned Patrick, Rice, Souza, Stennett, Thayn, Vick, Ward-Engelking, to the House. Winder, Woodward. Total - 35. H 258 was read the third time at length, section by section, Whereupon the President Pro Tempore declared H 199, as and placed before the Senate for final consideration. Senator amended, passed, title was approved, and the bill ordered returned Burtenshaw arose as sponsor of the bill and opened the debate. to the House. The question being, "Shall the bill pass?" H 205 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–Agenbroad, Anthon, Bair, Bayer, Brackett, Burgoyne, Souza arose as sponsor of the bill and opened the debate. The Burtenshaw, Cheatham, Crabtree, Den Hartog, Grow, Guthrie, question being, "Shall the bill pass?" Harris, Heider, Hill, Johnson, Jordan, Lakey, Lee, Lent, Lodge, Roll call resulted as follows: Martin, McCoy (Buckner-Webb), Mortimer, Nelson, Nye, Patrick, Rice, Souza, Stennett, Thayn, Vick, Ward-Engelking, AYES–Agenbroad, Bair, Bayer, Brackett, Burtenshaw, Winder, Woodward. Total - 35. Cheatham, Crabtree, Den Hartog, Grow, Guthrie, Harris, Heider, 258 SENATE JOURNAL March 26, 2019]

Hill, Johnson, Lakey, Lee, Lent, Lodge, Martin, Mortimer, Patrick, Souza, Thayn, Vick, Winder, Woodward. Total - 26. NAYS–Burgoyne, Jordan, McCoy (Buckner-Webb), Nelson, Nye, Rice, Stennett, Ward-Engelking. Total - 8. Absent and excused–Anthon. Total - 1. Total - 35. Whereupon the President Pro Tempore declared H 205 passed, title was approved, and the bill ordered returned to the House. On request by Senator Winder, granted by unanimous consent, H 251 retained its place on the Third Reading Calendar for one legislative day. H 270 was read the third time at length, section by section, and placed before the Senate for final consideration. Senator Lodge arose as sponsor of the bill and opened the debate. The question being, "Shall the bill pass?" Roll call resulted as follows: AYES–Agenbroad, Bair, Brackett, Burtenshaw, Crabtree, Den Hartog, Grow, Harris, Heider, Hill, Johnson, Lakey, Lodge, Martin, Mortimer, Nelson, Nye, Stennett, Vick, Ward-Engelking, Winder, Woodward. Total - 22. NAYS–Bayer, Burgoyne, Cheatham, Guthrie, Jordan, Lee, Lent, McCoy (Buckner-Webb), Patrick, Rice, Souza, Thayn. Total - 12. Absent and excused–Anthon. Total - 1. Total - 35. Whereupon the President Pro Tempore declared H 270 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 Stennett, by voice vote, the Senate adjourned at 4:42 p.m. until the hour of 10 a.m., Wednesday, March 27, 2019. BRENT HILL, President Pro Tempore Attest: JENNIFER NOVAK, Secretary [March 27, 2019 SENATE JOURNAL 259

SENATE JOURNAL WHEREAS, federal financial participation for Medicaid eligibility expansion is set at 90%, with the state providing the OF THE remainder of the funds needed for expansion; and WHEREAS, funds currently reserved for the county medically indigent program and the catastrophic health care costs IDAHO LEGISLATURE program have been identified as a potential source of funding for Medicaid eligibility expansion; and FIRST REGULAR SESSION WHEREAS, a study is necessary to determine: SIXTY-FIFTH LEGISLATURE (1) The impacts of Medicaid eligibility expansion on existing programs that serve medically indigent individuals; (2) Options to reduce, phase out, or eliminate the county medically indigent program and the catastrophic health care costs program; EIGHTIETH LEGISLATIVE DAY (3) The savings to each county and the state from reduction WEDNESDAY, MARCH 27, 2019 or elimination of each program; (4) An equitable means to assess each county for its share of state funding for Medicaid eligibility expansion; and Senate Chamber (5) An effective means for the state to collect Medicaid eligibility expansion assessments from the counties. President McGeachin called the Senate to order at 10 a.m. NOW, THEREFORE, BE IT RESOLVED by the members Roll call showed all members present except Senator of the First Regular Session of the Sixty-fifth Idaho Legislature, Johnson, absent and formally excused by the Chair. the Senate and the House of Representatives concurring therein, that the Legislative Council is authorized to appoint a committee Prayer was offered by Chaplain Montie Ralstin. to undertake and complete a study and to make recommendations regarding the effects of Medicaid eligibility expansion on The Pledge of Allegiance was led by Katie Angell, Page. existing programs that serve medically indigent individuals and regarding related issues identified in this resolution. The The Senate advanced to the Third Order of Business. Legislative Council shall determine the number of legislators and membership from each house appointed to the committee Reading and Correction of the Journal and shall authorize the committee to receive input, advice, and The JUDICIARY AND RULES Committee reports that the assistance from interested and affected parties who are not Senate Journal of the proceedings of March 26, 2019, was read members of the Legislature. and approved as corrected. BE IT FURTHER RESOLVED that the cochairs of the committee who are appointed by the Legislative Council shall LAKEY, Chairman appoint, as a nonvoting member of the committee, a person representing the Idaho Association of Counties. There being no objection, the report was adopted and ordered BE IT FURTHER RESOLVED that other nonlegislative filed in the office of the Secretary of the Senate. members of the committee may be appointed by the cochairs. Nonlegislative members of the committee shall not be reimbursed On request by Senator Winder, granted by unanimous from legislative funds for per diem, mileage, or other expenses. consent, the Senate advanced to the Fifth Order of Business. BE IT FURTHER RESOLVED that the committee shall report its findings, recommendations, and proposed legislation, Petitions, Resolutions, and Memorials if any, to the Second Regular Session of the Sixty-fifth Idaho Legislature. SCR 117 BY STATE AFFAIRS COMMITTEE SCR 117 was introduced, read at length, and referred to the A CONCURRENT RESOLUTION Judiciary and Rules Committee for printing. STATING FINDINGS OF THE LEGISLATURE AND AUTHORIZING THE LEGISLATIVE COUNCIL On request by Senator Winder, granted by unanimous TO APPOINT A COMMITTEE TO UNDERTAKE consent, the Senate advanced to the Eighth Order of Business. AND COMPLETE A STUDY AND TO MAKE RECOMMENDATIONS REGARDING THE EFFECTS OF Messages from the Governor MEDICAID ELIGIBILITY EXPANSION ON EXISTING PROGRAMS THAT SERVE MEDICALLY INDIGENT March 25, 2019 INDIVIDUALS AND REGARDING RELATED ISSUES. The Honorable Janice McGeachin President of the Senate Be It Resolved by the Legislature of the State of Idaho: Idaho Legislature WHEREAS, on November 6, 2018, the Idaho electorate Dear Madam President: passed Proposition 2, expanding eligibility for Medicaid to persons with a modified adjusted gross income at or below 133% I have the honor to inform you that I have appointed Ray of the federal poverty level; and Mosman of Craigmont, Idaho, to be Acting State Senator for WHEREAS, it is anticipated that Medicaid eligibility Legislative District 6, State of Idaho. expansion will reduce or eliminate the need for existing programs that serve medically indigent individuals, including the county This appointment is effective March 27, 2019, and will medically indigent program and the catastrophic health care expire at the end of the 2019 legislative session. costs program; and 260 SENATE JOURNAL March 27, 2019]

Sincerely, S 1166, S 1187, S 1006, S 1138, as amended, SCR 107, /s/ Brad Little SCR 108, SCR 109, and SJM 105 were referred to the Judiciary Governor and Rules Committee for enrolling. THE OFFICE OF THE GOVERNOR March 26, 2019 EXECUTIVE DEPARTMENT BOISE, IDAHO Dear Madam President: CERTIFICATE OF APPOINTMENT I return herewith S 1178, as amended, which has failed to KNOW ALL MEN, by these Presents, that pursuant to the pass the House. provisions of Section 59-917, Idaho Code, Dan G. Johnson, State MAULIN, Chief Clerk Senator, District 6, State of Idaho, has nominated Ray Mosman of Craigmont, Idaho, to perform the duties of this office temporarily S 1178, as amended, was ordered filed in the office of the as Acting State Senator, District 6. Secretary of the Senate. NOW, THEREFORE, I, Brad Little, Governor of the State of March 26, 2019 Idaho, by virtue of the authority vested in me do hereby appoint Ray Mosman to the office of State Senator, District 6, State of Dear Madam President: Idaho, for a term commencing on March 27, 2019, through the end of the 2019 legislative session. I transmit herewith Enrolled H 118, as amended, as amended in the Senate, and H 93, as amended in the Senate, for the IN TESTIMONY WHEREOF, I have hereunto set my hand signature of the President. and caused to be affixed the Great Seal of the State of Idaho. MAULIN, Chief Clerk Done at Boise, the Capital of Idaho, this Twenty-seventh day of March, in the year of our Lord two thousand and nineteen and The President signed Enrolled H 118, as amended, as of the Independence of the United States of America, the two amended in the Senate, and H 93, as amended in the Senate, and hundred and forty-third year. ordered them returned to the House. /s/ BY THE GOVERNOR BRAD LITTLE March 26, 2019 /s/ SECRETARY OF STATE LAWERENCE DENNEY Dear Madam President: The correspondence and Certificate of Appointment were ordered filed in the office of the Secretary of the Senate. I return herewith Enrolled S 1163, S 1185, S 1023, S 1091, as amended, S 1133, S 1131, as amended, S 1190, S 1191, S 1197, The President announced that the Oath of Office had been S 1198, and S 1192, which have been signed by the Speaker. administered previously to Acting Senator Mosman, and he was recorded present at this order of business. MAULIN, Chief Clerk March 26, 2019 Enrolled S 1163, S 1185, S 1023, S 1091, as amended, S 1133, S 1131, as amended, S 1190, S 1191, S 1197, S 1198, The Honorable Janice McGeachin and S 1192 were referred to the Judiciary and Rules Committee President of the Senate for transmittal to the Office of the Governor. Idaho Legislature On request by Senator Winder, granted by unanimous Dear Madam President: consent, the Senate advanced to the Twelfth Order of Business. I have the honor to inform you that I have signed today and Second Reading of Bills am transmitting to the Secretary of State the following Senate Bill, to wit: S 1206 and S 1207, by Finance Committee, were read the second time at length and filed for third reading. S 1140 H 217, as amended in the Senate, and H 259, as amended in Sincerely, the Senate, by Revenue and Taxation Committee, were read the /s/ Brad Little second time at length and filed for third reading. Governor of Idaho S 1113, as amended in the House, by State Affairs The correspondence was ordered filed in the office of the Committee, was read the second time at length and filed for third Secretary of the Senate. reading. The Senate advanced to the Ninth Order of Business. S 1057, as amended in the House, and S 1060, as amended, Messages from the House as amended in the House, by Education Committee, were read the second time at length and filed for third reading. March 26, 2019 H 281, H 282, H 283, H 284, H 285, H 286, H 287, and Dear Madam President: H 288, by Appropriations Committee, were read the second time at length and filed for third reading. I return herewith S 1166, S 1187, S 1006, S 1138, as amended, SCR 107, SCR 108, SCR 109, and SJM 105, which H 275, by Ways and Means Committee, was read the second have passed the House. time at length and filed for third reading. MAULIN, Chief Clerk The Senate advanced to the Thirteenth Order of Business. [March 27, 2019 SENATE JOURNAL 261

Third Reading of Bills Harris, Heider, Hill, Lakey, Lee, Lent, Lodge, Martin, Mortimer, Mosman (Johnson), Patrick, Rice, Souza, Thayn, Vick, Winder, H 139 was read the third time at length, section by section, Woodward. Total - 28. and placed before the Senate for final consideration. Senator Anthon arose as sponsor of the bill and opened the debate. The NAYS–Burgoyne, Jordan, McCoy (Buckner-Webb), Nelson, question being, "Shall the bill pass?" Nye, Stennett, Ward-Engelking. Total - 7. Roll call resulted as follows: Total - 35. AYES–Agenbroad, Anthon, Bair, Bayer, Brackett, Burgoyne, Whereupon the President declared H 206 passed, title was Burtenshaw, Cheatham, Crabtree, Den Hartog, Grow, Guthrie, approved, and the bill ordered returned to the House. Harris, Heider, Hill, Lakey, Lee, Lent, Lodge, Martin, Mortimer, Mosman (Johnson), Nelson, Patrick, Rice, Souza, Stennett, H 183 was read the third time at length, section by section, Thayn, Vick, Ward-Engelking, Winder, Woodward. Total - 32. and placed before the Senate for final consideration. President Pro Tempore Hill arose as sponsor of the bill and opened the debate. NAYS–Jordan, McCoy (Buckner-Webb), Nye. Total - 3. The question being, "Shall the bill pass?" Total - 35. Roll call resulted as follows: Whereupon the President declared H 139 passed, title was AYES–Agenbroad, Anthon, Bair, Bayer, Burgoyne, approved, and the bill ordered returned to the House. Burtenshaw, Cheatham, Crabtree, Den Hartog, Grow, Guthrie, H 193, as amended, was read the third time at length, section Harris, Heider, Hill, Jordan, Lakey, Lee, Lent, Lodge, Martin, by section, and placed before the Senate for final consideration. McCoy (Buckner-Webb), Mortimer, Nelson, Nye, Patrick, Senator Lakey arose as sponsor of the bill and opened the debate. Rice, Souza, Stennett, Thayn, Vick, Ward-Engelking, Winder, The question being, "Shall the bill pass?" Woodward. Total - 33. Roll call resulted as follows: NAYS–Brackett, Mosman (Johnson). Total - 2. AYES–Agenbroad, Anthon, Bair, Bayer, Brackett, Total - 35. Burtenshaw, Cheatham, Crabtree, Den Hartog, Grow, Guthrie, Whereupon the President declared H 183 passed, title was Harris, Heider, Hill, Jordan, Lakey, Lee, Lent, Lodge, Martin, approved, and the bill ordered returned to the House. Mortimer, Mosman (Johnson), Nelson, Nye, Patrick, Rice, Souza, Thayn, Vick, Winder, Woodward. Total - 31. On request by Senator Vick, granted by unanimous consent, the Senate returned to the Fourth Order of Business. NAYS–Burgoyne, McCoy (Buckner-Webb), Stennett, Ward-Engelking. Total - 4. Reading of Communications Total - 35. On request by Senator Vick, granted by unanimous consent, the Senate advanced to the Fifth Order of Business. Whereupon the President declared H 193, as amended, passed, title was approved, and the bill ordered Petitions, Resolutions, and Memorials returned to the House. On motion by Senator Vick, seconded by Senator Stennett, H 251 was read the third time at length, section by section, by voice vote the Senate recessed at 11:58 a.m. until the hour of and placed before the Senate for final consideration. Senator 4 p.m. of this day. Winder arose as sponsor of the bill and opened the debate. The question being, "Shall the bill pass?" RECESS AFTERNOON SESSION Roll call resulted as follows: The Senate reconvened at 4 p.m., pursuant to recess, AYES–Agenbroad, Anthon, Bair, Bayer, Burtenshaw, President McGeachin presiding. Cheatham, Crabtree, Den Hartog, Grow, Harris, Hill, Lakey, Lee, Lent, Lodge, Martin, Mortimer, Rice, Souza, Thayn, Vick, Roll call showed all members present except Senator Lakey, Ward-Engelking, Winder, Woodward. Total - 24. absent and formally excused by the Chair; and Senator Thayn, absent and excused. NAYS–Brackett, Burgoyne, Guthrie, Heider, Jordan, McCoy (Buckner-Webb), Mosman (Johnson), Nelson, Nye, Patrick, Prior to recess the Senate was at the Fifth Order of Business, Stennett. Total - 11. Petitions, Resolutions, and Memorials. Total - 35. The Senate advanced to the Sixth Order of Business. Whereupon the President declared H 251 passed, title was Reports of Standing Committees approved, and the bill ordered returned to the House. March 27, 2019 H 206 was read the third time at length, section by section, and placed before the Senate for final consideration. Senator Vick The JUDICIARY AND RULES Committee reports that arose as sponsor of the bill and opened the debate. The question SCR 117 has been correctly printed. being, "Shall the bill pass?" LAKEY, Chairman Roll call resulted as follows: SCR 117 was referred to the Tenth Order of Business, AYES–Agenbroad, Anthon, Bair, Bayer, Brackett, Motions and Resolutions, and ordered held at the Secretary's Burtenshaw, Cheatham, Crabtree, Den Hartog, Grow, Guthrie, desk for one legislative day. 262 SENATE JOURNAL March 27, 2019]

March 27, 2019 yarn. The university of Idaho, in fulfillment of its land grant mission, leads the nation in many areas of agricultural research The JUDICIARY AND RULES Committee reports that and is encouraged to research and study this burgeoning field. S 1166, S 1187, S 1006, S 1138, as amended, SCR 107, SCR 108, Hemp has the potential to be an alternate crop in Idaho's thriving SCR 109, and SJM 105 have been correctly enrolled. agricultural economy. A growing hemp industry also has the LAKEY, Chairman potential to create jobs in production, processing, and research, and Idahoans will benefit from numerous consumer products The President signed Enrolled S 1166, S 1187, S 1006, made from hemp. S 1138, as amended, SCR 107, SCR 108, SCR 109, and SJM 105 and ordered them transmitted to the House for the 22-1703. DEFINITIONS. As used in this chapter: signature of the Speaker. (1) "Chief law enforcement officer" means the director of March 27, 2019 the Idaho state police. (2) "Director" means the director of the Idaho state The JUDICIARY AND RULES Committee reports that department of agriculture. Enrolled S 1163, S 1185, S 1023, S 1091, as amended, S 1133, (3) "Hemp" means the plant Cannabis sativa L. and any S 1131, as amended, S 1190, S 1191, S 1197, S 1198, and part of that plant, including the seeds thereof and all derivatives, S 1192 were delivered to the Office of the Governor at 1:30 p.m., extracts, cannabinoids, isomers, acids, salts, and salts of isomers, March 27, 2019. whether growing or not, with a delta-9 tetrahydrocannabinol concentration of not more than three-tenths of one percent LAKEY, Chairman (0.3%) on a dry weight basis, as defined in the federal agriculture The report was ordered filed in the office of the Secretary of improvement act of 2018. It does not include any approved the Senate. cannabidiol drugs listed on schedule V in section 37-2713, Idaho Code. On request by Senator Winder, granted by unanimous (4) "Person" means any individual, partnership, consent, the Senate advanced to the Fourteenth Order of corporation, association, grower, farm, or any other business Business. unit. General Calendar 22-1704. INTERSTATE TRANSPORT. (1) No person On request by Senator Harris, granted by unanimous shall move, convey, or transport hemp through the state without consent, H 162 was referred to the Resources and Environment a permit issued by the director based on documentation from Committee. the equivalent foreign state authorizing body in compliance with the agriculture improvement act of 2018. Hemp is exempted The President declared the Senate resolved into the from the provisions of chapter 27, title 37, Idaho Code, for the Committee of the Whole and called Senator Vick to the Chair to purpose of interstate transport when being moved, conveyed, preside during the sitting of the Committee of the Whole. or transported pursuant to a permit and in compliance with the agriculture improvement act of 2018. Following the adjournment of the Committee of the Whole, (2) The director shall expeditiously promulgate rules, in the President called the Senate to order. consultation with the chief law enforcement officer, regulating Report of the Committee of the Whole the transport of hemp through the state. The director may assess fees for permits created in this chapter and civil penalties for Senator Vick, Chairman of the Committee of the Whole, violations of this chapter or any rules promulgated under this reported out H 122, without recommendation, amended as chapter. follows: (3) Any person transporting hemp through the state has the duty to keep and furnish upon request by the director or a peace SENATE AMENDMENT TO H 122 officer any permits required by this chapter. AMENDMENT TO SECTION 1 (4) Any hemp transported through the state must be free of On page 1 of the printed bill, delete lines 18 through 39. pests as defined in chapter 20, title 22, Idaho Code. On page 2, delete lines 1 through 14, and insert: (5) The chief law enforcement officer may establish check stations at ports of entry or other locations as established by rule "22-1702. LEGISLATIVE INTENT. (1) It is the as necessary to carry out the provisions of this chapter. policy of this state to allow and encourage the research and (6) No person shall proceed past or travel through any production of hemp in Idaho. The legislature finds that the established check station at a port of entry or other location as Cannabis sativa L. plant used for the production of hemp is established by rule during hours of operations when required by separate and distinct from the forms of cannabis used to produce rule to stop for inspection while transporting hemp. marijuana. The federal agriculture improvement act of 2018, (7) The director or the chief law enforcement officer may P.L. 115-334, has eliminated barriers at the federal level to issue hold orders to take prompt regulatory action on hemp hemp research and development. It is the policy of this state to transported through the state when either reasonably believes immediately regulate the interstate transport of hemp. It is also hemp is transported in violation of this chapter or the federal the policy of this state that, through the negotiated rulemaking agriculture improvement act of 2018 or any rules promulgated process, the director shall develop and submit by a date certain thereunder. The hold order shall contain contact information, the a state plan to the secretary of agriculture that allows for the reason for the hold order, and the conditions for release. production of hemp in Idaho to the greatest extent allowed in (8) It shall be the duty of all peace officers within the compliance with the agriculture improvement act of 2018. state, as defined by section 19-5101(d), Idaho Code, to enforce (2) Hemp is used in products such as building materials, the provisions of this chapter by making a complaint or citation cordage, fiber, food, floor coverings, fuel, paint, animal feed, as described in section 19-3901, Idaho Code. paper, particle board, plastics, seed meal, cosmetics, seed, and [March 27, 2019 SENATE JOURNAL 263

(9) A peace officer may inspect any vehicle transporting PROVIDE FOR THE HEMP DEVELOPMENT FUND, AND hemp presented at a check station at a port of entry or TO PROVIDE EXCEPTIONS; AND DECLARING AN other location as established by rule or during lawful traffic EMERGENCY.". enforcement contacts and collect reasonably sized samples selected by the peace officer for testing. The Committee also has S 1204 under consideration, reports (10) If a peace officer has probable cause to believe that progress, and begs leave to sit again. a person is transporting hemp without permits required in this chapter, the peace officer may seize and impound the hemp, VICK, Chairman provided however, if permits that were valid at the time of On motion by Senator Vick, seconded by Senator Stennett, seizure and impoundment are subsequently furnished, the peace the report was adopted by voice vote. officer shall immediately release the hemp. (11) Except when hemp is transported through this state H 122, as amended in the Senate, was filed for first reading in compliance with the permits required in this section, nothing as amended, and the amendments thereto were referred to the in this section shall inhibit or restrict any peace officer from Judiciary and Rules Committee for printing. enforcing to the fullest extent the laws of this state prohibiting marijuana as provided in chapter 27, title 37, Idaho Code. On request by Senator Winder, granted by unanimous consent, the Senate returned to the Thirteenth Order of Business. 22-1705. STATE PLAN. (1) The director shall prepare a plan through negotiated rulemaking and submit the plan to the Third Reading of Bills secretary of agriculture by November 1, 2019, or immediately Motion to Suspend Rules upon the date after which the United States department of agriculture is ready to accept state plans, whichever is later. Moved by Senator Winder, seconded by Senator Stennett, The plan shall be created through the negotiated rulemaking that all rules of the Senate interfering with the immediate passage process, in consultation with the governor and the chief law of S 1206 be suspended; that the portions of Section 15, Article enforcement officer of the state, and shall allow for the research 3, of the Constitution of the State of Idaho requiring all bills to be and production of hemp in Idaho to the greatest extent allowed read on three several days be dispensed with, this being a case of under federal law. urgency, and that S 1206 be read the third time at length, section (2) As part of the state plan, the director, in consultation by section, and be put upon its final passage. The question being, with the governor and the chief law enforcement officer of "Shall the rules be suspended?" the state, shall prepare by rule and submit to the secretary of agriculture a corrective action plan consistent with the federal Roll call resulted as follows: agriculture improvement act of 2018. (3) If approved by the secretary of agriculture, the state AYES–Agenbroad, Anthon, Bair, Bayer, Brackett, Burgoyne, plan and the corrective action plan will not take effect until Burtenshaw, Cheatham, Crabtree, Den Hartog, Grow, Guthrie, enacted in Idaho Code. Harris, Heider, Hill, Jordan, Lee, Lent, Lodge, Martin, McCoy (Buckner-Webb), Mortimer, Mosman (Johnson), Nelson, Nye, 22-1706. HEMP DEVELOPMENT FUND. There Patrick, Rice, Souza, Stennett, Vick, Ward-Engelking, Winder, shall be established in the dedicated fund in the state treasury the Woodward. Total - 33. hemp development fund to which shall be credited the revenues NAYS–None. derived from fees and penalties collected as authorized by this chapter and the rules promulgated under this chapter. Moneys in Absent and excused–Lakey, Thayn. Total - 2. the fund shall be used solely for carrying out the provisions of this chapter. The director is charged with the administration of Total - 35. moneys appropriated from the fund unless otherwise provided by law. All interest or other income accruing from moneys More than two-thirds having voted in the affirmative, the deposited to the fund shall be redeposited and accrue to the fund. President declared the rules suspended. S 1206 was read the third time at length, section by section, 22-1707. EXCEPTIONS. Hemp shall not be subject and placed before the Senate for final consideration. Senator to inspection or indemnification pursuant to chapter 51, title 22, Burtenshaw arose as sponsor of the bill and opened the debate. Idaho Code, or chapter 2 or 5, title 69, Idaho Code.". The question being, "Shall the bill pass?" AMENDMENT TO THE BILL Pursuant to Senate Rule 39(H), Senators Lee and Nye On page 2, delete lines 15 through 47. disclosed a possible conflict of interest under applicable law. Delete pages 3 through 15, and insert: Roll call resulted as follows: "SECTION 2. An emergency existing therefor, which emergency is hereby declared to exist, this act shall be in full AYES–Agenbroad, Anthon, Bair, Bayer, Brackett, Burgoyne, force and effect on and after its passage and approval.". Burtenshaw, Cheatham, Crabtree, Den Hartog, Grow, Guthrie, Harris, Heider, Hill, Jordan, Lee, Lent, Lodge, Martin, McCoy CORRECTION TO TITLE (Buckner-Webb), Mortimer, Mosman (Johnson), Nelson, Nye, On page 1, delete lines 3 through 9, and insert: "CHAPTER Patrick, Rice, Souza, Stennett, Vick, Ward-Engelking, Winder, 17, TITLE 22, IDAHO CODE, TO PROVIDE FOR THE HEMP Woodward. Total - 33. RESEARCH AND DEVELOPMENT ACT, TO PROVIDE A SHORT TITLE, TO PROVIDE LEGISLATIVE INTENT, NAYS–None. TO DEFINE TERMS, TO PROVIDE FOR INTERSTATE TRANSPORT, TO PROVIDE FOR A STATE PLAN, TO Absent and excused–Lakey, Thayn. Total - 2. 264 SENATE JOURNAL March 27, 2019]

Total - 35. More than two-thirds having voted in the affirmative, the President declared the rules suspended and announced that Whereupon the President declared S 1206 passed, title was H 217, as amended in the Senate, was before the Senate for final approved, and the bill ordered transmitted to the House. consideration. Moved by Senator Winder, seconded by Senator Stennett, H 217, as amended in the Senate, was read the third time that all rules of the Senate interfering with the immediate at length, section by section, and placed before the Senate for consideration of S 1207 be suspended. The question being, final consideration. Senator Rice arose as sponsor of the bill and "Shall the rules be suspended?" opened the debate. The question being, "Shall the bill pass?" Roll call resulted as follows: Pursuant to Senate Rule 39(H), Senator Jordan disclosed a AYES–Agenbroad, Anthon, Bair, Bayer, Brackett, Burgoyne, possible conflict of interest under applicable law. Burtenshaw, Cheatham, Crabtree, Den Hartog, Grow, Guthrie, Harris, Heider, Hill, Jordan, Lee, Lent, Lodge, Martin, McCoy Roll call resulted as follows: (Buckner-Webb), Mortimer, Mosman (Johnson), Nelson, Nye, AYES–Agenbroad, Bair, Bayer, Burtenshaw, Cheatham, Patrick, Rice, Souza, Stennett, Vick, Ward-Engelking, Winder, Den Hartog, Grow, Heider, Lakey, Lent, Lodge, Martin, Woodward. Total - 33. Mortimer, Mosman (Johnson), Patrick, Rice, Souza, Vick, NAYS–None. Winder, Woodward. Total - 20. Absent and excused–Lakey, Thayn. Total - 2. NAYS–Anthon, Brackett, Burgoyne, Crabtree, Guthrie, Harris, Hill, Jordan, Lee, McCoy (Buckner-Webb), Nelson, Nye, Total - 35. Stennett, Ward-Engelking. Total - 14. More than two-thirds having voted in the affirmative, the Absent and excused–Thayn. Total - 1. President declared the rules suspended and announced that S 1207 was before the Senate for final consideration. Paired and voting included in roll call: AYE - Lakey NAY - Nye S 1207 was read the third time at length, section by section, and placed before the Senate for final consideration. Senator Burtenshaw arose as sponsor of the bill and opened the debate. Total - 35. The question being, "Shall the bill pass?" Whereupon the President declared H 217, as amended in the Pursuant to Senate Rule 39(H), Senators Lee and Nye Senate, passed, title was approved, and the bill ordered returned disclosed a possible conflict of interest under applicable law. to the House. Roll call resulted as follows: On request by Senator Winder, granted by unanimous consent, the Senate returned to the Sixth Order of Business. AYES–Agenbroad, Anthon, Bair, Bayer, Brackett, Burgoyne, Burtenshaw, Cheatham, Crabtree, Den Hartog, Grow, Guthrie, Reports of Standing Committees Harris, Heider, Hill, Jordan, Lee, Lent, Lodge, Martin, McCoy March 27, 2019 (Buckner-Webb), Mortimer, Mosman (Johnson), Nelson, Nye, Patrick, Rice, Souza, Stennett, Vick, Ward-Engelking, Winder, The JUDICIARY AND RULES Committee reports that Woodward. Total - 33. Senate amendments to H 122 have been correctly printed. NAYS–None. LAKEY, Chairman Absent and excused–Lakey, Thayn. Total - 2. The report was ordered filed in the office of the Secretary of Total - 35. the Senate. Whereupon the President declared S 1207 passed, title was On request by Senator Winder, granted by unanimous approved, and the bill ordered transmitted to the House. consent, the Senate advanced to the Eleventh Order of Business. Moved by Senator Winder, seconded by Senator Stennett, Introduction, First Reading, and Reference of Bills, that all rules of the Senate interfering with the immediate House Petitions, Resolutions, and Memorials consideration of H 217, as amended in the Senate, be suspended. The question being, "Shall the rules be suspended?" H 122, as amended in the Senate, by Agricultural Affairs Committee, was read the first time at length and filed for second Roll call resulted as follows: reading. AYES–Agenbroad, Anthon, Bair, Bayer, Brackett, Burgoyne, On request by Senator Winder, granted by unanimous Burtenshaw, Cheatham, Crabtree, Den Hartog, Grow, Guthrie, consent, the Senate advanced to the Fifteenth Order of Business. Harris, Heider, Hill, Jordan, Lee, Lent, Lodge, Martin, McCoy (Buckner-Webb), Mortimer, Mosman (Johnson), Nelson, Nye, Miscellaneous Business Patrick, Rice, Souza, Stennett, Vick, Ward-Engelking, Winder, On motion by Senator Winder, seconded by Senator Stennett, Woodward. Total - 33. by voice vote, the Senate adjourned at 5:14 p.m. until the hour of NAYS–None. 9:30 a.m., Thursday, March 28, 2019. Absent and excused–Lakey, Thayn. Total - 2. JANICE MCGEACHIN, President Total - 35. Attest: JENNIFER NOVAK, Secretary [March 28, 2019 SENATE JOURNAL 265

SENATE JOURNAL Messages from the House OF THE March 27, 2019 IDAHO LEGISLATURE Dear Madam President: I transmit herewith H 289, which has passed the House. FIRST REGULAR SESSION MAULIN, Chief Clerk SIXTY-FIFTH LEGISLATURE H 289 was filed for first reading. March 27, 2019 Dear Madam President: EIGHTY-FIRST LEGISLATIVE DAY THURSDAY, MARCH 28, 2019 I return herewith S 1153 and S 1174, which have passed the House. Senate Chamber MAULIN, Chief Clerk President McGeachin called the Senate to order at 9:30 a.m. S 1153 and S 1174 were referred to the Judiciary and Rules Committee for enrolling. Roll call showed all members present except Senators Brackett, Martin, and Rice, absent and excused. Senator Martin was recorded present at this order of business. Prayer was offered by Senator . March 27, 2019 The Pledge of Allegiance was led by Jakob Alt, Page. Dear Madam President: The Senate advanced to the Third Order of Business. I return herewith Enrolled S 1156, S 1105, S 1188, S 1189, S 1074, as amended, S 1152, S 1182, S 1151, S 1200, S 1073, S 1104, as amended, S 1003, as amended, S 1146, S 1110, as Reading and Correction of the Journal amended, S 1199, S 1180, and S 1056, as amended, which have The JUDICIARY AND RULES Committee reports that the been signed by the Speaker. Senate Journal of the proceedings of March 27, 2019, was read MAULIN, Chief Clerk and approved as corrected. LAKEY, Chairman Enrolled S 1156, S 1105, S 1188, S 1189, S 1074, as amended, S 1152, S 1182, S 1151, S 1200, S 1073, S 1104, as There being no objection, the report was adopted and ordered amended, S 1003, as amended, S 1146, S 1110, as amended, filed in the office of the Secretary of the Senate. S 1199, S 1180, and S 1056, as amended, were referred to the Judiciary and Rules Committee for transmittal to the Office of the Governor. On request by Senator Winder, granted by unanimous consent, the Senate advanced to the Eighth Order of Business. March 27, 2019 Dear Madam President: Messages from the Governor I return herewith Enrolled SCR 106, SCR 112, and SJM 106, March 27, 2019 which have been signed by the Speaker. The Honorable Janice McGeachin MAULIN, Chief Clerk President of the Senate Idaho Legislature Enrolled SCR 106, SCR 112, and SJM 106 were referred to the Judiciary and Rules Committee for transmittal to the Office Dear Madam President: of the Secretary of State. I have the honor to inform you that I have signed today and The Senate advanced to the Tenth Order of Business. am transmitting to the Secretary of State the following Senate Bills, to wit: Motions and Resolutions S 1023, S 1131, as amended, S 1185, S 1190, The President announced that SCR 117 was before the S 1191, S 1192, S 1197, and S 1198 Senate for final consideration. Sincerely, Moved by President Pro Tempore Hill, seconded by /s/ Brad Little Senator Jordan, that SCR 117 be adopted. The question being, Governor of Idaho "Shall the resolution be adopted?" The correspondence was ordered filed in the office of the Roll call resulted as follows: Secretary of the Senate. AYES–Agenbroad, Anthon, Bair, Bayer, Brackett, Burgoyne, The Senate advanced to the Ninth Order of Business. Burtenshaw, Cheatham, Crabtree, Den Hartog, Grow, Guthrie, 266 SENATE JOURNAL March 28, 2019]

Harris, Heider, Hill, Jordan, Lakey, Lee, Lent, Lodge, Martin, Nye, Patrick, Souza, Stennett, Thayn, Vick, Ward-Engelking, McCoy (Buckner-Webb), Mortimer, Mosman (Johnson), Nelson, Winder, Woodward. Total - 34. Nye, Patrick, Souza, Stennett, Thayn, Vick, Ward-Engelking, Winder, Woodward. Total - 34. NAYS–None. NAYS–None. Absent and excused–Rice. Total - 1. Absent and excused–Rice. Total - 1. Total - 35. Total - 35. Whereupon the President declared S 1057, as amended in the House, passed, title was approved, and the bill referred to Whereupon the President declared SCR 117 adopted, title Judiciary and Rules Committee for enrolling. was approved, and the resolution ordered transmitted to the House. S 1060, as amended, as amended in the House, was read the third time at length, section by section, and placed before the The Senate advanced to the Eleventh Order of Business. Senate for final consideration. Senator Thayn arose as sponsor of the bill and opened the debate. The question being, "Shall the bill Introduction, First Reading, and Reference of Bills, pass?" House Petitions, Resolutions, and Memorials Roll call resulted as follows: H 289, by Appropriations Committee, was introduced, read the first time at length, and referred to the Finance Committee. AYES–Agenbroad, Anthon, Bair, Bayer, Brackett, Burgoyne, Burtenshaw, Cheatham, Crabtree, Den Hartog, Grow, Guthrie, The Senate advanced to the Twelfth Order of Business. Harris, Heider, Hill, Jordan, Lakey, Lee, Lent, Lodge, Martin, Second Reading of Bills McCoy (Buckner-Webb), Mortimer, Mosman (Johnson), Nelson, Nye, Patrick, Rice, Souza, Stennett, Thayn, Vick, H 122, as amended in the Senate, by Agricultural Affairs Ward-Engelking, Winder, Woodward. Total - 35. Committee, was read the second time at length and filed for third reading. Whereupon the President declared S 1060, as amended, as amended in the House, passed, title was approved, and the bill The Senate advanced to the Thirteenth Order of Business. referred to Judiciary and Rules Committee for enrolling. Third Reading of Bills H 281 was read the third time at length, section by section, and placed before the Senate for final consideration. Senator Bair On request by Senator Winder, granted by unanimous arose as sponsor of the bill and opened the debate. The question consent, H 259, as amended in the Senate, retained its place on being, "Shall the bill pass?" the Third Reading Calendar. Roll call resulted as follows: S 1113, as amended in the House, was read the third time at length, section by section, and placed before the Senate for AYES–Anthon, Bair, Brackett, Burgoyne, Burtenshaw, final consideration. Senator Lodge arose as sponsor of the bill and Cheatham, Grow, Guthrie, Harris, Heider, Hill, Jordan, Lakey, opened the debate. The question being, "Shall the bill pass?" Lee, Lent, Lodge, Martin, McCoy (Buckner-Webb), Mortimer, Mosman (Johnson), Nelson, Nye, Patrick, Rice, Souza, Thayn, Roll call resulted as follows: Vick, Ward-Engelking, Winder, Woodward. Total - 30. AYES–Agenbroad, Anthon, Bair, Bayer, Brackett, Burgoyne, NAYS–Agenbroad, Crabtree, Den Hartog. Total - 3. Burtenshaw, Cheatham, Crabtree, Den Hartog, Grow, Guthrie, Harris, Heider, Hill, Jordan, Lakey, Lee, Lent, Lodge, Martin, Absent and excused–Bayer, Stennett. Total - 2. McCoy (Buckner-Webb), Mortimer, Mosman (Johnson), Nelson, Nye, Patrick, Souza, Stennett, Thayn, Vick, Ward-Engelking, Total - 35. Winder, Woodward. Total - 34. Whereupon the President declared H 281 passed, title was NAYS–None. approved, and the bill ordered returned to the House. Absent and excused–Rice. Total - 1. H 282 was read the third time at length, section by section, and placed before the Senate for final consideration. Senator Total - 35. Burtenshaw arose as sponsor of the bill and opened the debate. Whereupon the President declared S 1113, as amended in The question being, "Shall the bill pass?" the House, passed, title was approved, and the bill referred to Roll call resulted as follows: Judiciary and Rules Committee for enrolling. AYES–Agenbroad, Anthon, Bair, Bayer, Brackett, Burgoyne, S 1057, as amended in the House, was read the third time at Burtenshaw, Cheatham, Crabtree, Den Hartog, Grow, Guthrie, length, section by section, and placed before the Senate for final Harris, Heider, Hill, Jordan, Lakey, Lee, Lent, Lodge, Martin, consideration. Senator Crabtree arose as sponsor of the bill and McCoy (Buckner-Webb), Mortimer, Mosman (Johnson), Nelson, opened the debate. The question being, "Shall the bill pass?" Nye, Patrick, Rice, Thayn, Vick, Ward-Engelking, Winder, Roll call resulted as follows: Woodward. Total - 33. AYES–Agenbroad, Anthon, Bair, Bayer, Brackett, Burgoyne, NAYS–None. Burtenshaw, Cheatham, Crabtree, Den Hartog, Grow, Guthrie, Absent and excused–Souza, Stennett. Total - 2. Harris, Heider, Hill, Jordan, Lakey, Lee, Lent, Lodge, Martin, McCoy (Buckner-Webb), Mortimer, Mosman (Johnson), Nelson, Total - 35. [March 28, 2019 SENATE JOURNAL 267

Whereupon the President declared H 282 passed, title was Harris, Heider, Hill, Jordan, Lakey, Lee, Lent, Lodge, Martin, approved, and the bill ordered returned to the House. McCoy (Buckner-Webb), Mortimer, Mosman (Johnson), Nelson, Nye, Patrick, Rice, Souza, Stennett, Thayn, Vick, H 283 was read the third time at length, section by section, Ward-Engelking, Winder, Woodward. Total - 35. and placed before the Senate for final consideration. Senator Burtenshaw arose as sponsor of the bill and opened the debate. Whereupon the President declared H 285 passed, title was The question being, "Shall the bill pass?" approved, and the bill ordered returned to the House. Roll call resulted as follows: On request by Senator Winder, granted by unanimous AYES–Agenbroad, Anthon, Bair, Bayer, Brackett, Burgoyne, consent, the Senate advanced to the Fifteenth Order of Business. Burtenshaw, Cheatham, Crabtree, Den Hartog, Grow, Guthrie, Miscellaneous Business Harris, Heider, Hill, Jordan, Lakey, Lee, Lent, Lodge, Martin, McCoy (Buckner-Webb), Mortimer, Mosman (Johnson), On motion by Senator Winder, seconded by Senator Stennett, Nelson, Nye, Patrick, Rice, Souza, Stennett, Thayn, Vick, by voice vote, the Senate adjourned at 11:10 a.m. until the hour Ward-Engelking, Winder, Woodward. Total - 35. of 10 a.m., Friday, March 29, 2019. Whereupon the President declared H 283 passed, title was JANICE MCGEACHIN, President approved, and the bill ordered returned to the House. Attest: JENNIFER NOVAK, Secretary H 259, as amended in the Senate, having been held, was read the third time at length, section by section, and placed before the Senate for final consideration. Senator Rice arose as sponsor of the bill and opened the debate. The question being, "Shall the bill pass?" Roll call resulted as follows: AYES–Anthon, Bair, Bayer, Burtenshaw, Cheatham, Den Hartog, Grow, Guthrie, Harris, Heider, Hill, Lakey, Lee, Lent, Lodge, Martin, Mosman (Johnson), Nye, Patrick, Rice, Souza, Thayn, Vick, Winder. Total - 24. NAYS–Agenbroad, Brackett, Burgoyne, Crabtree, Jordan, McCoy (Buckner-Webb), Mortimer, Nelson, Stennett, Ward-Engelking, Woodward. Total - 11. Total - 35. Whereupon the President declared H 259, as amended in the Senate, passed, title was approved, and the bill ordered returned to the House for possible concurrence. H 284 was read the third time at length, section by section, and placed before the Senate for final consideration. Senator Nye arose as sponsor of the bill and opened the debate. The question being, "Shall the bill pass?" Roll call resulted as follows: AYES–Agenbroad, Anthon, Bair, Bayer, Brackett, Burgoyne, Burtenshaw, Cheatham, Crabtree, Den Hartog, Grow, Guthrie, Harris, Heider, Hill, Jordan, Lakey, Lee, Lent, Lodge, Martin, McCoy (Buckner-Webb), Mortimer, Mosman (Johnson), Nelson, Nye, Patrick, Rice, Souza, Stennett, Thayn, Vick, Ward-Engelking, Winder, Woodward. Total - 35. Whereupon the President declared H 284 passed, title was approved, and the bill ordered returned to the House. H 285 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 being, "Shall the bill pass?" Pursuant to Senate Rule 39(H), Senator Lee disclosed a possible conflict of interest under applicable law. Roll call resulted as follows: AYES–Agenbroad, Anthon, Bair, Bayer, Brackett, Burgoyne, Burtenshaw, Cheatham, Crabtree, Den Hartog, Grow, Guthrie, 268 SENATE JOURNAL March 29, 2019]

SENATE JOURNAL March 29, 2019 The JUDICIARY AND RULES Committee reports that OF THE Enrolled SCR 106, SCR 112, and SJM 106 were delivered to the IDAHO LEGISLATURE Office of the Secretary of State at 11:15 a.m., March 28, 2019. LAKEY, Chairman FIRST REGULAR SESSION The report was ordered filed in the office of the Secretary of SIXTY-FIFTH LEGISLATURE the Senate. March 28, 2019 The FINANCE Committee reports out H 289 with the recommendation that it do pass. EIGHTY-SECOND LEGISLATIVE DAY FRIDAY, MARCH 29, 2019 BAIR, Chairman H 289 was filed for second reading. Senate Chamber On request by Senator Winder, granted by unanimous consent, the Senate advanced to the Eighth Order of Business. President McGeachin called the Senate to order at 10 a.m. Messages from the Governor Roll call showed all members present except Senator Burgoyne, absent and formally excused by the Chair. March 28, 2019 Prayer was offered by Chaplain Montie Ralstin. The Honorable Janice McGeachin President of the Senate The Pledge of Allegiance was led by Taylor McMullin, Page. Idaho Legislature The Senate advanced to the Third Order of Business. Dear Madam President: Reading and Correction of the Journal I have the honor to inform you that I have signed today and The JUDICIARY AND RULES Committee reports that the am transmitting to the Secretary of State the following Senate Senate Journal of the proceedings of March 28, 2019, was read Bills, to wit: and approved as corrected. S 1091, as amended, S 1163, and S 1152 LAKEY, Chairman Sincerely, There being no objection, the report was adopted and ordered /s/ Brad Little filed in the office of the Secretary of the Senate. Governor of Idaho The correspondence was ordered filed in the office of the On request by Senator Winder, granted by unanimous Secretary of the Senate. consent, the Senate advanced to the Sixth Order of Business. The Senate advanced to the Ninth Order of Business. Reports of Standing Committees Messages from the House March 28, 2019 March 28, 2019 The JUDICIARY AND RULES Committee reports that S 1153, S 1174, S 1113, as amended in the House, S 1057, as Dear Madam President: amended in the House, and S 1060, as amended, as amended in the House, have been correctly enrolled. I return herewith S 1106, as amended, and SCR 110, which have passed the House. LAKEY, Chairman MAULIN, Chief Clerk The President signed Enrolled S 1153, S 1174, S 1113, as S 1106, as amended, and SCR 110 were referred to the amended in the House, S 1057, as amended in the House, and Judiciary and Rules Committee for enrolling. S 1060, as amended, as amended in the House, and ordered them transmitted to the House for the signature of the Speaker. March 28, 2019 March 29, 2019 Dear Madam President: The JUDICIARY AND RULES Committee reports that I transmit herewith Enrolled H 254, H 263, H 264, H 267, Enrolled S 1156, S 1105, S 1188, S 1189, S 1074, as amended, H 268, H 208, H 248, H 274, H 179, as amended, H 266, H 258, S 1152, S 1182, S 1151, S 1200, S 1073, S 1104, as amended, H 189, as amended, H 265, H 199, as amended, H 205, and S 1003, as amended, S 1146, S 1110, as amended, S 1199, H 270 for the signature of the President. S 1180, and S 1056, as amended, were delivered to the Office of the Governor at 11:10 a.m., March 28, 2019. MAULIN, Chief Clerk LAKEY, Chairman The President signed Enrolled H 254, H 263, H 264, H 267, H 268, H 208, H 248, H 274, H 179, as amended, H 266, H 258, The report was ordered filed in the office of the Secretary of H 189, as amended, H 265, H 199, as amended, H 205, and the Senate. H 270 and ordered them returned to the House. [March 29, 2019 SENATE JOURNAL 269

March 28, 2019 Total - 35. Dear Madam President: Whereupon the President declared H 287 passed, title was approved, and the bill ordered returned to the House. I return herewith Enrolled S 1166, S 1187, S 1006, and S 1138, as amended, which have been signed by the Speaker. H 288 was read the third time at length, section by section, and placed before the Senate for final consideration. Senator Lee MAULIN, Chief Clerk arose as sponsor of the bill and opened the debate. The question being, "Shall the bill pass?" Enrolled S 1166, S 1187, S 1006, and S 1138, as amended, were referred to the Judiciary and Rules Committee for Roll call resulted as follows: transmittal to the Office of the Governor. AYES–Agenbroad, Anthon, Bair, Bayer, Brackett, March 28, 2019 Burtenshaw, Cheatham, Crabtree, Den Hartog, Grow, Guthrie, Harris, Heider, Hill, Jordan, Lakey, Lee, Lent, Lodge, Martin, Dear Madam President: McCoy (Buckner-Webb), Mortimer, Mosman (Johnson), I return herewith Enrolled SCR 107, SCR 108, SCR 109, Nelson, Nye, Patrick, Rice, Souza, Stennett, Thayn, Vick, and SJM 105, which have been signed by the Speaker. Ward-Engelking, Winder, Woodward. Total - 34. MAULIN, Chief Clerk NAYS–None. Enrolled SCR 107, SCR 108, SCR 109, and SJM 105 were Absent and excused–Burgoyne. Total - 1. referred to the Judiciary and Rules Committee for transmittal to Total - 35. the Office of the Secretary of State. Whereupon the President declared H 288 passed, title was On request by Senator Winder, granted by unanimous approved, and the bill ordered returned to the House. consent, the Senate advanced to the Thirteenth Order of Business. H 275 was read the third time at length, section by section, Third Reading of Bills and placed before the Senate for final consideration. Senator H 286 was read the third time at length, section by section, Agenbroad arose as sponsor of the bill and opened the debate. and placed before the Senate for final consideration. Senator The question being, "Shall the bill pass?" Ward-Engelking arose as sponsor of the bill and opened the Roll call resulted as follows: debate. The question being, "Shall the bill pass?" AYES–Agenbroad, Anthon, Bair, Bayer, Brackett, Roll call resulted as follows: Burtenshaw, Cheatham, Crabtree, Den Hartog, Grow, Guthrie, AYES–Agenbroad, Anthon, Bair, Bayer, Brackett, Harris, Heider, Hill, Jordan, Lakey, Lee, Lent, Lodge, Martin, Burtenshaw, Cheatham, Crabtree, Den Hartog, Grow, Guthrie, McCoy (Buckner-Webb), Mortimer, Mosman (Johnson), Harris, Heider, Hill, Jordan, Lakey, Lee, Lent, Lodge, Martin, Nelson, Nye, Patrick, Rice, Souza, Stennett, Thayn, Vick, McCoy (Buckner-Webb), Mortimer, Mosman (Johnson), Ward-Engelking, Winder, Woodward. Total - 34. Nelson, Nye, Patrick, Rice, Souza, Stennett, Thayn, Vick, NAYS–None. Ward-Engelking, Winder, Woodward. Total - 34. Absent and excused–Burgoyne. Total - 1. NAYS–None. Total - 35. Absent and excused–Burgoyne. Total - 1. Whereupon the President declared H 275 passed, title was Total - 35. approved, and the bill ordered returned to the House. Whereupon the President declared H 286 passed, title was On request by Senator Winder, granted by unanimous approved, and the bill ordered returned to the House. consent, the Senate advanced to the Fifteenth Order of Business. H 287 was read the third time at length, section by section, Miscellaneous Business and placed before the Senate for final consideration. Senator Lee arose as sponsor of the bill and opened the debate. The question On motion by Senator Winder, seconded by Senator Stennett, being, "Shall the bill pass?" by voice vote, the Senate adjourned at 10:47 a.m. until the hour of 9 a.m., Monday, April 1, 2019. Roll call resulted as follows: JANICE MCGEACHIN, President AYES–Agenbroad, Anthon, Bair, Bayer, Brackett, Burtenshaw, Cheatham, Crabtree, Den Hartog, Grow, Guthrie, Attest: JENNIFER NOVAK, Secretary Harris, Heider, Hill, Jordan, Lakey, Lee, Lent, Lodge, Martin, McCoy (Buckner-Webb), Mortimer, Mosman (Johnson), Nelson, Nye, Patrick, Rice, Souza, Stennett, Thayn, Vick, Ward-Engelking, Winder, Woodward. Total - 34. NAYS–None. Absent and excused–Burgoyne. Total - 1. 270 SENATE JOURNAL April 1, 2019]

SENATE JOURNAL chapter 61, title 41, Idaho Code, as an alternative to enrolling in medicaid. OF THE (10)". CORRECTION TO TITLE IDAHO LEGISLATURE On page 1, in line 5, delete "APPLY FOR" and insert: "SEEK". FIRST REGULAR SESSION SIXTY-FIFTH LEGISLATURE SENATE AMENDMENT TO S 1204 AMENDMENT TO SECTION 1 On page 2 of the printed bill, in line 16, following "(9)" insert: "The director shall seek a waiver from the federal government consistent with the provisions of this subsection. EIGHTY-FIFTH LEGISLATIVE DAY (a) A person participating in medicaid pursuant to section MONDAY, APRIL 1, 2019 56-267, Idaho Code, must be: (i) Working at least twenty (20) hours per week, averaged monthly, or earning wages equal to or greater Senate Chamber than the federal minimum wage for twenty (20) hours of work per week; President Pro Tempore Hill called the Senate to order at 9 (ii) Participating in and complying with the a.m. requirements of a work training program at least twenty Roll call showed all members present except Senator (20) hours per week, as determined by the department; Crabtree, absent and excused. (iii) Volunteering at least twenty (20) hours per week, as determined by the department; Prayer was offered by Chaplain Montie Ralstin. (iv) Enrolled at least half-time in postsecondary education or another recognized education program, as The Pledge of Allegiance was led by Alex Knowlton, Page. determined by the department, and remaining enrolled The Senate advanced to the Third Order of Business. and attending classes during normal class cycles; (v) Meeting any combination of working, Reading and Correction of the Journal volunteering, and participating in a work program for a total of at least twenty (20) hours per week, as The JUDICIARY AND RULES Committee reports that the determined by the department; or Senate Journal of the proceedings of March 29, 2019, was read (vi) Subject to and complying with the requirements and approved as corrected. of the work program for temporary assistance for needy LAKEY, Chairman families (TANF) or participating and complying with the requirements of a workfare program in the supplemental There being no objection, the report was adopted and ordered nutrition assistance program (SNAP). filed in the office of the Secretary of the Senate. (b) A person is exempt from the provisions of paragraph On request by Senator Winder, granted by unanimous (a) of this subsection if the person is: consent, the Senate advanced to the Fourteenth Order of (i) Under the age of nineteen (19) years; Business. (ii) Over the age of fifty-nine (59) years; (iii) Physically or intellectually unfit for employment; General Calendar (iv) Pregnant; (v) A parent or caretaker who is the primary The President Pro Tempore declared the Senate resolved into caregiver of a dependent child under the age of eighteen the Committee of the Whole and called Senator Vick to the Chair (18) years, as determined by the department; to preside during the sitting of the Committee of the Whole. (vi) A parent or caretaker personally providing care Following the adjournment of the Committee of the Whole, for a person with serious medical conditions or with a the President Pro Tempore called the Senate to order. disability, as determined by the department; (vii) Applying for or receiving unemployment Report of the Committee of the Whole compensation and complying with work requirements that are part of the federal-state unemployment insurance Senator Vick, Chairman of the Committee of the Whole, program; reported out S 1204, without recommendation, amended as (viii) Applying for social security disability benefits, follows: until such time eligibility is determined; (ix) Participating in a drug addiction or alcohol SENATE AMENDMENT TO S 1204 treatment and rehabilitation program, as determined by AMENDMENT TO SECTION 1 the department; or On page 2 of the printed bill, in line 16, following "(9)" (x) An American Indian or Alaska native who is insert: "The director shall, in cooperation with the director of eligible for services through the Indian health service or the department of insurance, seek waivers from the federal through a tribal health program pursuant to the Indian government to provide the ability to receive, at a person's option, self-determination and education assistance act and the if such person is eligible for medicaid pursuant to section 56-267, Indian health care improvement act. Idaho Code, and has a modified adjusted gross income at one (c) A person who fails to comply with paragraph (a) of hundred percent (100%) of the federal poverty level or greater, this subsection shall be subject to a copayment on covered the advance premium tax credit to purchase a qualified health medicaid services to the maximum extent permissible for a plan through the Idaho health insurance exchange established by [April 1, 2019 SENATE JOURNAL 271

period of six (6) months or until the person complies with system should include independent, standardized, statewide paragraph (a) of this subsection, whichever is earlier. assessment and evidence-based benefits provided by (d) Compliance reporting required for persons subject to businesses that meet national accreditation standards. paragraph (a) of this subsection shall be consistent with (d) The elimination of duplicative practices that result in compliance reporting requirements for persons participating unnecessary utilization and costs. in a SNAP workfare program. (e) Contracts based on gain sharing, risk-sharing or a (e) The department shall implement the waiver described capitated basis. in this subsection as soon as possible once federal approval (f) Medical home development with focus on populations has been obtained. with chronic disease using a tiered case management fee. (10)". (3) The department shall seek federal approval or a waiver to require that a medicaid participant who has a medical home as required in section 56-255(5)(b), Idaho Code, and who seeks AMENDMENT TO THE BILL family planning services or supplies from a provider outside On page 2, delete lines 18 through 48. the participant's medical home, must have a referral to such Delete pages 3 through 6. outside provider. The provisions of this subsection shall apply On page 7, delete lines 1 through 48; and renumber to medicaid participants upon such approval or the granting of subsequent sections accordingly. such a waiver.". On page 9, following line 14, insert: On page 8, in line 30, delete "5" and insert: "6". On page 9, in line 10, delete "6" and insert: "7". "SECTION 5. An emergency existing therefor, which emergency is hereby declared to exist, this act shall be in full CORRECTION TO TITLE force and effect on and after its passage and approval.". On page 1, in line 15, following "REVIEW," insert: "TO PROVIDE THAT PERSONS PARTICIPATING IN CORRECTION TO TITLE MEDICAID PURSUANT TO THE SECTION BE PLACED IN On page 1, in line 5, delete "APPLY FOR" and insert: MANAGED CARE TO THE EXTENT POSSIBLE,"; and also "SEEK"; in line 6, delete "56-254,"; delete lines 7 through 10; in line 15, following "CORRECTIONS;" insert: "AMENDING in line 11, delete "TION"; in line 16, delete "AND"; also in line SECTION 56-263, IDAHO CODE, TO PROVIDE THAT THE 16, following "SEVERABILITY" insert: "; AND DECLARING DEPARTMENT SHALL SEEK CERTAIN APPROVAL OR A AN EMERGENCY". WAIVER AND TO PROVIDE APPLICABILITY;".

SENATE AMENDMENT TO S 1204 SENATE AMENDMENT TO S 1204 AMENDMENT TO SECTION 4 AMENDMENT TO SECTION 4 On page 8 of the printed bill, following line 29, insert: On page 8 of the printed bill, following line 29, insert: "(6) The department: "(6) No later than January 31 in the 2023 legislative (a) Shall place all persons participating in medicaid session, the senate and house of representatives health and pursuant to this section in a care management program welfare committees shall review all fiscal, health, and other authorized under section 56-265(5), Idaho Code, or in impacts of medicaid eligibility expansion pursuant to this section another managed care program to improve the quality of and shall make a recommendation to the legislature as to whether their care, to the extent possible; and such expansion should remain in effect.". (b) Is authorized to seek any federal approval necessary to implement the provisions of this subsection.". CORRECTION TO TITLE On page 1, in line 15, delete "A"; and also in line AMENDMENT TO THE BILL 15, delete "REVIEW" and insert: "REVIEWS AND On page 8, before line 30, insert: RECOMMENDATIONS". "SECTION 5. That Section 56-263, Idaho Code, be, and the same is hereby amended to read as follows: SENATE AMENDMENT TO S 1204 AMENDMENT TO SECTION 4 56-263. MEDICAID MANAGED CARE PLAN. (1) On page 8 of the printed bill, in line 19, following "plan." The department shall present to the legislature on the first day insert: "The department shall not implement any waiver that of the second session of the sixty-first Idaho legislature a plan would result in a reduction in federal financial participation for for medicaid managed care with focus on high-cost populations persons identified in subsection (1) of this section below the including, but not limited to: ninety percent (90%) commitment described in section 1905(y) (a) Dual eligibles; and of the social security act.". (b) High-risk pregnancies. (2) The medicaid managed care plan shall include, but not CORRECTION TO TITLE be limited to, the following elements: On page 1, in line 12, following "APPROVAL," insert: (a) Improved coordination of care through primary care "TO PROVIDE THAT A WAIVER SHALL NOT BE medical homes. IMPLEMENTED IF IT WOULD RESULT IN A REDUCTION (b) Approaches that improve coordination and provide IN FEDERAL FINANCIAL PARTICIPATION FOR CERTAIN case management for high-risk, high-cost disabled adults PERSONS,". and children that reduce costs and improve health outcomes, including mandatory enrollment in special needs plans, and SENATE AMENDMENT TO S 1204 that consider other managed care approaches. AMENDMENT TO SECTION 4 (c) Managed care contracts to pay for behavioral health On page 8 of the printed bill, in line 29, following "effect." benefits as described in executive order number 2011-01 insert: "The review and recommendation described in this and in any implementing legislation. At a minimum, the subsection shall be conducted by the date of adjournment of 272 SENATE JOURNAL April 1, 2019] the regular legislative session following the date of reduction in Messages from the Governor federal financial participation.". March 28, 2019 VICK, Chairman The Honorable Janice McGeachin On motion by Senator Vick, seconded by Senator Stennett, President of the Senate the report was adopted by voice vote. Idaho Legislature S 1204, as amended, was referred to the Judiciary and Rules Dear Madam President: Committee for engrossing and the amendments thereto were referred to the Judiciary and Rules Committee for printing. 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 returned to the Sixth Order of Business. S 1003, as amended, S 1073, S 1074, as amended, S 1133, S 1146, S 1151, S 1156, Reports of Standing Committees S 1188, S 1189, S 1199, and S 1200 April 1, 2019 Sincerely, The JUDICIARY AND RULES Committee reports that /s/ Brad Little S 1106, as amended, and SCR 110 have been correctly enrolled. Governor of Idaho LAKEY, Chairman The correspondence was ordered filed in the office of the Secretary of the Senate. The President Pro Tempore signed Enrolled S 1106, as amended, and SCR 110 and ordered them transmitted to the March 29, 2019 House for the signature of the Speaker. The Honorable Janice McGeachin April 1, 2019 President of the Senate Idaho Legislature The JUDICIARY AND RULES Committee reports that Senate amendments to S 1204 have been correctly printed. Dear Madam President: LAKEY, Chairman I have the honor to inform you that I have signed today and am transmitting to the Secretary of State the following Senate The report was ordered filed in the office of the Secretary of Bills, to wit: the Senate. S 1006, S 1056, as amended, S 1104, as April 1, 2019 amended, S 1105, and S 1166 The JUDICIARY AND RULES Committee reports that Sincerely, S 1204, as amended, has been correctly engrossed. /s/ Brad Little Governor of Idaho LAKEY, Chairman S 1204, as amended, was filed for first reading. The correspondence was ordered filed in the office of the March 29, 2019 Secretary of the Senate. The JUDICIARY AND RULES Committee reports that The Senate advanced to the Ninth Order of Business. Enrolled S 1166, S 1187, S 1006, and S 1138, as amended, were delivered to the Office of the Governor at 10:50 a.m., March 29, 2019. Messages from the House LAKEY, Chairman March 29, 2019 The report was ordered filed in the office of the Secretary of Dear Mr. President: the Senate. I transmit herewith H 296, which has passed the House. March 29, 2019 MAULIN, Chief Clerk The JUDICIARY AND RULES Committee reports that H 296 was filed for first reading. Enrolled SCR 107, SCR 108, SCR 109, and SJM 105 were delivered to the Office of the Secretary of State at 10:53 a.m., March 29, 2019 March 29, 2019. Dear Mr. President: LAKEY, Chairman I return herewith S 1159, as amended, which has passed the House. The report was ordered filed in the office of the Secretary of the Senate. MAULIN, Chief Clerk On request by Senator Winder, granted by unanimous S 1159, as amended, was referred to the Judiciary and Rules consent, the Senate advanced to the Eighth Order of Business. Committee for enrolling. [April 1, 2019 SENATE JOURNAL 273

March 29, 2019 RECESS AFTERNOON SESSION Dear Mr. President: The Senate reconvened at 3 p.m., pursuant to recess, I transmit herewith Enrolled H 139, H 193, as amended, President Pro Tempore Hill presiding. H 251, H 206, and H 183 for the signature of the President. Roll call showed all members present except Senators MAULIN, Chief Clerk Brackett and Guthrie, absent and excused. The President Pro Tempore signed Enrolled H 139, H 193, as amended, H 251, H 206, and H 183 and ordered them returned Prior to recess the Senate was at the Fifth Order of Business, to the House. Petitions, Resolutions, and Memorials. On request by Senator Winder, granted by unanimous The Senate advanced to the Sixth Order of Business. consent, the Senate advanced to the Eleventh Order of Business. Reports of Standing Committees

Introduction, First Reading, and Reference of Bills, April 1, 2019 House Petitions, Resolutions, and Memorials The JUDICIARY AND RULES Committee reports that S 1204, as amended, by State Affairs Committee, was read S 1159, as amended, has been correctly enrolled. the first time at length and filed for second reading. LAKEY, Chairman H 296, by Ways and Means Committee, was introduced, The President Pro Tempore signed Enrolled S 1159, as read the first time at length, and referred to the State Affairs amended, and ordered it transmitted to the House for the Committee. signature of the Speaker. The Senate advanced to the Twelfth Order of Business. On request by Senator Winder, granted by unanimous consent, the Senate advanced to the Thirteenth Order of Business. Second Reading of Bills Third Reading of Bills H 289, by Appropriations Committee, was read the second time at length and filed for third reading. Motion to Suspend Rules The Senate advanced to the Thirteenth Order of Business. Moved by Senator Winder, seconded by Senator Stennett, that all rules of the Senate interfering with the immediate passage of H 289 be suspended; that the portions of Section 15, Article 3, Third Reading of Bills of the Constitution of the State of Idaho requiring all bills to be H 122, as amended in the Senate, was read the third time at read on three several days be dispensed with, this being a case of length, section by section, and placed before the Senate for final urgency, and that H 289 be read the third time at length, section consideration. Senator Lee arose as sponsor of the bill and opened by section, and be put upon its final passage. The question being, the debate. The question being, "Shall the bill pass?" "Shall the rules be suspended?" Roll call resulted as follows: Roll call resulted as follows: AYES–Agenbroad, Anthon, Bair, Bayer, Brackett, Burgoyne, AYES–Agenbroad, Anthon, Bair, Bayer, Brackett, Burgoyne, Burtenshaw, Cheatham, Crabtree, Den Hartog, Guthrie, Burtenshaw, Cheatham, Crabtree, Den Hartog, Grow, Guthrie, Harris, Hill, Jordan, Lakey, Lee, Lent, Lodge, Martin, McCoy Harris, Heider, Hill, Jordan, Lakey, Lee, Lent, Lodge, Martin, (Buckner-Webb), Mortimer, Mosman (Johnson), Nelson, Nye, McCoy (Buckner-Webb), Mortimer, Mosman (Johnson), Rice, Souza, Stennett, Thayn, Vick, Ward-Engelking, Winder, Nelson, Nye, Patrick, Rice, Souza, Stennett, Thayn, Vick, Woodward. Total - 32. Ward-Engelking, Winder, Woodward. Total - 35. NAYS–Grow, Heider, Patrick. Total - 3. More than two-thirds having voted in the affirmative, the President Pro Tempore declared the rules suspended. Total - 35. H 289 was read the third time at length, section by section, Whereupon the President Pro Tempore declared H 122, as and placed before the Senate for final consideration. Senator Bair amended in the Senate, passed, title was approved, and the bill arose as sponsor of the bill and opened the debate. The question ordered returned to the House. being, "Shall the bill pass?" On request by Senator Winder, granted by unanimous Roll call resulted as follows: consent, the Senate returned to the Fourth Order of Business. AYES–Agenbroad, Anthon, Bair, Brackett, Burtenshaw, Reading of Communications Cheatham, Grow, Hill, Lakey, Lee, Mortimer, Nye, Rice, Souza, On request by Senator Winder, granted by unanimous Ward-Engelking, Winder, Woodward. Total - 17. consent, the Senate advanced to the Fifth Order of Business. NAYS–Bayer, Burgoyne, Crabtree, Den Hartog, Guthrie, Petitions, Resolutions, and Memorials Harris, Heider, Jordan, Lent, Lodge, Martin, McCoy (Buckner-Webb), Mosman (Johnson), Nelson, Patrick, Stennett, On motion by Senator Winder, seconded by Senator Stennett, Thayn, Vick. Total - 18. by voice vote the Senate recessed at 11:31 a.m. until the hour of 3 p.m. of this day. Total - 35. 274 SENATE JOURNAL April 1, 2019]

Whereupon the President declared that H 289 had failed to pass the Senate and ordered the bill returned to the House. On motion by Senator Winder, seconded by Senator Vick, by voice vote the Senate recessed at 4:04 p.m. until the hour of 4:45 p.m. of this day. RECESS AFTERNOON SESSION The Senate reconvened at 4:45 p.m., pursuant to recess, President Pro Tempore Hill presiding. Roll call showed all members present. Prior to recess the Senate was at the Thirteenth Order of Business, Third Reading of 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 Stennett, by voice vote, the Senate adjourned at 4:52 p.m. until the hour of 10 a.m., Tuesday, April 2, 2019. BRENT HILL, President Pro Tempore Attest: JENNIFER NOVAK, Secretary [April 2, 2019 SENATE JOURNAL 275

SENATE JOURNAL MAULIN, Chief Clerk S 1202, S 1201, S 1203, S 1206, S 1207, SCR 113, and OF THE SCR 114 were referred to the Judiciary and Rules Committee for IDAHO LEGISLATURE enrolling. April 1, 2019 FIRST REGULAR SESSION Dear Madam President: SIXTY-FIFTH LEGISLATURE I transmit herewith Enrolled H 281, H 282, H 283, H 284, and H 285 for the signature of the President. MAULIN, Chief Clerk EIGHTY-SIXTH LEGISLATIVE DAY The President signed Enrolled H 281, H 282, H 283, H 284, TUESDAY, APRIL 2, 2019 and H 285 and ordered them returned to the House. April 1, 2019 Senate Chamber Dear Madam President: President McGeachin called the Senate to order at 10 a.m. I return herewith Enrolled S 1153, S 1174, S 1113, as amended in the House, S 1057, as amended in the House, and Roll call showed all members present. S 1060, as amended, as amended in the House, which have been Prayer was offered by Chaplain Montie Ralstin. signed by the Speaker. The Pledge of Allegiance was led by Taylor McMullin, Page. MAULIN, Chief Clerk The Senate advanced to the Third Order of Business. Enrolled S 1153, S 1174, S 1113, as amended in the House, S 1057, as amended in the House, and S 1060, as amended, as Reading and Correction of the Journal amended in the House, were referred to the Judiciary and Rules Committee for transmittal to the Office of the Governor. The JUDICIARY AND RULES Committee reports that the Senate Journal of the proceedings of April 1, 2019, was read and On request by Senator Winder, granted by unanimous approved as corrected. consent, the Senate advanced to the Eleventh Order of Business. LAKEY, 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. H 291, by Appropriations Committee, was introduced, read the first time at length, and referred to the Finance Committee. On request by Senator Winder, granted by unanimous consent, the Senate advanced to the Sixth Order of Business. H 293, by Education Committee, was introduced, read the first time at length, and referred to the Education Committee. Reports of Standing Committees The Senate advanced to the Twelfth Order of Business. April 2, 2019 Second Reading of Bills The STATE AFFAIRS Committee reports out H 296 with the recommendation that it do pass. S 1204, as amended, by State Affairs Committee, was read the second time at length and filed for third reading. LODGE, Chairman On request by Senator Winder, granted by unanimous H 296 was filed for second reading. consent, the Senate returned to the Fourth Order of Business. On request by Senator Winder, granted by unanimous Reading of Communications consent, the Senate advanced to the Ninth Order of Business. On request by Senator Winder, granted by unanimous Messages from the House consent, the Senate advanced to the Fifth Order of Business. April 1, 2019 Petitions, Resolutions, and Memorials Dear Madam President: On motion by Senator Winder, seconded by Senator Stennett, I transmit herewith H 291 and H 293, which have passed the by voice vote the Senate recessed at 10:44 a.m. until the hour of House. 2 p.m. of this day. MAULIN, Chief Clerk RECESS AFTERNOON SESSION H 291 and H 293 were filed for first reading. The Senate reconvened at 2 p.m., pursuant to recess, April 1, 2019 President McGeachin presiding. Dear Madam President: Roll call showed all members present. I return herewith S 1202, S 1201, S 1203, S 1206, S 1207, Prior to recess the Senate was at the Fifth Order of Business, SCR 113, and SCR 114, which have passed the House. Petitions, Resolutions, and Memorials. 276 SENATE JOURNAL April 2, 2019]

The Senate advanced to the Sixth Order of Business. Enrolled SCR 110 was referred to the Judiciary and Rules Committee for transmittal to the Office of the Secretary of State. Reports of Standing Committees On request by Senator Winder, granted by unanimous April 2, 2019 consent, the Senate advanced to the Thirteenth Order of Business. The JUDICIARY AND RULES Committee reports that Third Reading of Bills S 1202, S 1201, S 1203, S 1206, S 1207, SCR 113, and SCR 114 have been correctly enrolled. Motion to Suspend Rules LAKEY, Chairman Moved by Senator Winder, seconded by Senator Stennett, that all rules of the Senate interfering with the immediate passage The President signed Enrolled S 1202, S 1201, S 1203, of S 1204, as amended, be suspended; that the portions of Section S 1206, S 1207, SCR 113, and SCR 114 and ordered them 15, Article 3, of the Constitution of the State of Idaho requiring transmitted to the House for the signature of the Speaker. all bills to be read on three several days be dispensed with, this April 2, 2019 being a case of urgency, and that S 1204, as amended, be read the third time at length, section by section, and be put upon its final The FINANCE Committee reports out H 291 with the passage. The question being, "Shall the rules be suspended?" recommendation that it do pass. Roll call resulted as follows: BAIR, Chairman AYES–Agenbroad, Anthon, Bair, Bayer, Brackett, H 291 was filed for second reading. Burtenshaw, Cheatham, Crabtree, Den Hartog, Grow, Guthrie, Harris, Heider, Hill, Lakey, Lee, Lent, Lodge, Martin, Mortimer, On request by Senator Winder, granted by unanimous Mosman (Johnson), Patrick, Rice, Souza, Stennett, Thayn, Vick, consent, the Senate advanced to the Ninth Order of Business. Winder, Woodward. Total - 29. Messages from the House NAYS–Burgoyne, Jordan, McCoy (Buckner-Webb), Nelson, April 2, 2019 Nye, Ward-Engelking. Total - 6. Dear Madam President: Total - 35. I return herewith S 1065, which has passed the House. More than two-thirds having voted in the affirmative, the President declared the rules suspended. MAULIN, Chief Clerk S 1204, as amended, was read the third time at length, section S 1065 was referred to the Judiciary and Rules Committee by section, and placed before the Senate for final consideration. for enrolling. Senator Souza arose as sponsor of the bill and opened the debate. April 2, 2019 The question being, "Shall the bill pass?" Dear Madam President: On request by Senator Winder, granted by unanimous consent, the following typographical corrections were made to I transmit herewith Enrolled H 286, H 287, H 288, H 275, S 1204, as amended, pursuant to Senate Rule 9(F): H 30, as amended in the Senate, H 78, as amended, as amended in the Senate, and H 137, as amended, as amended in the Senate, On page 3, line 32, change "10", to "11". for the signature of the President. On page 4, line 28, change "6", to "7". MAULIN, Chief Clerk Roll call resulted as follows: The President signed Enrolled H 286, H 287, H 288, H 275, AYES–Anthon, Bair, Bayer, Burtenshaw, Cheatham, H 30, as amended in the Senate, H 78, as amended, as amended Den Hartog, Grow, Harris, Heider, Hill, Lakey, Lent, Lodge, in the Senate, and H 137, as amended, as amended in the Senate, Mortimer, Patrick, Rice, Souza, Thayn, Vick, Winder. Total - 20. and ordered them returned to the House. NAYS–Agenbroad, Brackett, Burgoyne, Crabtree, Guthrie, April 2, 2019 Jordan, Lee, Martin, McCoy (Buckner-Webb), Mosman Dear Madam President: (Johnson), Nelson, Nye, Stennett, Ward-Engelking, Woodward. Total - 15. I return herewith Enrolled S 1106, as amended, and S 1159, as amended, which have been signed by the Speaker. Total - 35. MAULIN, Chief Clerk Whereupon the President declared S 1204, as amended, passed, title was approved, and the bill ordered Enrolled S 1106, as amended, and S 1159, as amended, were transmitted to the House. referred to the Judiciary and Rules Committee for transmittal to the Office of the Governor. On request by Senator Winder, granted by unanimous consent, the Senate advanced to the Fifteenth Order of Business. April 2, 2019 Miscellaneous Business Dear Madam President: On motion by Senator Winder, seconded by Senator Stennett, I return herewith Enrolled SCR 110, which has been signed by voice vote, the Senate adjourned at 4:13 p.m. until the hour of by the Speaker. 9:30 a.m., Wednesday, April 3, 2019. MAULIN, Chief Clerk JANICE MCGEACHIN, President [April 2, 2019 SENATE JOURNAL 277

Attest: JENNIFER NOVAK, Secretary 278 SENATE JOURNAL April 3, 2019]

SENATE JOURNAL were delivered to the Office of the Governor at 4:35 p.m., April 2, 2019. OF THE LAKEY, Chairman IDAHO LEGISLATURE The report was ordered filed in the office of the Secretary of the Senate. FIRST REGULAR SESSION Senator Den Hartog was recorded present at this order of SIXTY-FIFTH LEGISLATURE business. April 2, 2019 The JUDICIARY AND RULES Committee reports that EIGHTY-SEVENTH LEGISLATIVE DAY Enrolled SCR 110 was delivered to the Office of the Secretary WEDNESDAY, APRIL 3, 2019 of State at 4:37 p.m., April 2, 2019. LAKEY, Chairman Senate Chamber The report was ordered filed in the office of the Secretary of the Senate. President McGeachin called the Senate to order at 9:30 a.m. Roll call showed all members present except Senator Den April 3, 2019 Hartog, absent and excused. The EDUCATION Committee reports out H 293 with the Prayer was offered by Chaplain Montie Ralstin. recommendation that it do pass. The Pledge of Allegiance was led by Makenna Moore, Page. MORTIMER, Chairman The Senate advanced to the Third Order of Business. H 293 was filed for second reading. Reading and Correction of the Journal On request by Senator Winder, granted by unanimous consent, the Senate advanced to the Eighth Order of Business. The JUDICIARY AND RULES Committee reports that the Senate Journal of the proceedings of April 2, 2019, was read and Messages from the Governor approved as corrected. April 2, 2019 LAKEY, Chairman The Honorable Janice McGeachin There being no objection, the report was adopted and ordered President of the Senate filed in the office of the Secretary of the Senate. Idaho Legislature On request by Senator Winder, granted by unanimous Dear Madam President: consent, the Senate advanced to the Sixth Order of Business. I have the honor to inform you that I have signed today and Reports of Standing Committees am transmitting to the Secretary of State the following Senate Bills, to wit: April 2, 2019 S 1057, as amended in the House, S 1110, as The JUDICIARY AND RULES Committee reports that amended, S 1182, and S 1187 S 1065 has been correctly enrolled. Sincerely, LAKEY, Chairman /s/ Brad Little Governor of Idaho The President signed Enrolled S 1065 and ordered it transmitted to the House for the signature of the Speaker. The correspondence was ordered filed in the office of the Secretary of the Senate. April 2, 2019 The Senate advanced to the Ninth Order of Business. The JUDICIARY AND RULES Committee reports that Enrolled S 1153, S 1174, S 1113, as amended in the House, Messages from the House S 1057, as amended in the House, and S 1060, as amended, as amended in the House, were delivered to the Office of the April 2, 2019 Governor at 12:45 p.m., April 2, 2019. Dear Madam President: LAKEY, Chairman I return herewith S 1061, as amended, as amended in the The report was ordered filed in the office of the Secretary of House, and S 1126, as amended in the House, which have passed the Senate. the House. April 2, 2019 MAULIN, Chief Clerk The JUDICIARY AND RULES Committee reports that On request by Senator Thayn, granted by unanimous Enrolled S 1106, as amended, and S 1159, as amended, consent, S 1061, as amended, as amended in the House, was [April 3, 2019 SENATE JOURNAL 279 referred to the Tenth Order of Business, Motions and Resolutions, More than two-thirds having voted in the affirmative, the for consideration as to possible concurrence in the House President declared the rules suspended. amendments. H 296 was read the third time at length, section by section, S 1126, as amended in the House, was referred to the and placed before the Senate for final consideration. Senator Transportation Committee for consideration as to possible Grow arose as sponsor of the bill and opened the debate. The concurrence in the House amendments. question being, "Shall the bill pass?" April 2, 2019 Pursuant to Senate Rule 24(B), Senator Guthrie requested the history of the bill be read. Dear Madam President: I return herewith SCR 117, which has passed the House. Roll call resulted as follows: MAULIN, Chief Clerk AYES–Agenbroad, Anthon, Bair, Bayer, Burtenshaw, Cheatham, Den Hartog, Grow, Heider, Hill, Lakey, Lee, Lent, SCR 117 was referred to the Judiciary and Rules Committee Lodge, Mortimer, Rice, Souza, Thayn, Vick, Winder. Total - 20. for enrolling. NAYS–Brackett, Burgoyne, Crabtree, Guthrie, Harris, The Senate advanced to the Tenth Order of Business. Jordan, Martin, McCoy (Buckner-Webb), Mosman (Johnson), Nelson, Nye, Patrick, Stennett, Ward-Engelking, Woodward. Motions and Resolutions Total - 15. The President announced that the House amendments to Total - 35. S 1061, as amended, as amended in the House, were before the Senate for consideration as to possible concurrence, the question Whereupon the President declared H 296 passed, title was being, "Shall the Senate concur in the House amendments to approved, and the bill ordered returned to the House. S 1061, as amended, as amended in the House?" Moved by Senator Winder, seconded by Senator Stennett, On request by Senator Thayn, granted by unanimous consent, that all rules of the Senate interfering with the immediate the Senate concurred by voice vote in the House amendments to consideration of H 291 be suspended. The question being, "Shall S 1061, as amended, as amended in the House. the rules be suspended?" S 1061, as amended, as amended in the House, was referred Roll call resulted as follows: to the Judiciary and Rules Committee for engrossing. AYES–Agenbroad, Anthon, Bair, Bayer, Brackett, Burgoyne, On request by Senator Winder, granted by unanimous Burtenshaw, Cheatham, Crabtree, Den Hartog, Grow, Guthrie, consent, the Senate advanced to the Twelfth Order of Business. Harris, Heider, Hill, Jordan, Lakey, Lee, Lent, Lodge, Martin, Second Reading of Bills McCoy (Buckner-Webb), Mortimer, Mosman (Johnson), Nelson, Nye, Patrick, Rice, Souza, Stennett, Thayn, Vick, H 296, by Ways and Means Committee, was read the second Ward-Engelking, Winder, Woodward. Total - 35. time at length and filed for third reading. More than two-thirds having voted in the affirmative, the H 291, by Appropriations Committee, was read the second President declared the rules suspended and announced that time at length and filed for third reading. H 291 was before the Senate for final consideration. The Senate advanced to the Thirteenth Order of Business. H 291 was read the third time at length, section by section, Third Reading of Bills and placed before the Senate for final consideration. Senator Woodward arose as sponsor of the bill and opened the debate. Motion to Suspend Rules The question being, "Shall the bill pass?" Moved by Senator Winder, seconded by Senator Vick, that Roll call resulted as follows: all rules of the Senate interfering with the immediate passage of H 296 be suspended; that the portions of Section 15, Article 3, AYES–Agenbroad, Anthon, Bair, Bayer, Brackett, Burgoyne, of the Constitution of the State of Idaho requiring all bills to be Burtenshaw, Cheatham, Crabtree, Den Hartog, Grow, Guthrie, read on three several days be dispensed with, this being a case of Harris, Heider, Hill, Jordan, Lakey, Lee, Lent, Lodge, Martin, urgency, and that H 296 be read the third time at length, section McCoy (Buckner-Webb), Mortimer, Mosman (Johnson), by section, and be put upon its final passage. The question being, Nelson, Nye, Patrick, Rice, Souza, Stennett, Thayn, Vick, "Shall the rules be suspended?" Ward-Engelking, Winder, Woodward. Total - 35. Roll call resulted as follows: Whereupon the President declared H 291 passed, title was approved, and the bill ordered returned to the House. AYES–Agenbroad, Anthon, Bair, Bayer, Brackett, Burtenshaw, Cheatham, Crabtree, Den Hartog, Grow, Guthrie, Harris, Heider, Hill, Lakey, Lee, Lent, Lodge, Martin, Mortimer, On request by Senator Winder, granted by unanimous Mosman (Johnson), Patrick, Rice, Souza, Thayn, Vick, Winder, consent, the Senate returned to the Fourth Order of Business. Woodward. Total - 28. NAYS–Burgoyne, Jordan, McCoy (Buckner-Webb), Nelson, Reading of Communications Nye, Stennett, Ward-Engelking. Total - 7. On request by Senator Winder, granted by unanimous Total - 35. consent, the Senate advanced to the Fifth Order of Business. 280 SENATE JOURNAL April 3, 2019]

Petitions, Resolutions, and Memorials April 3, 2019 On motion by Senator Winder, seconded by Senator Stennett, The Honorable Janice McGeachin by voice vote the Senate recessed at 12:03 p.m. until the hour of President of the Senate 2:30 p.m. of this day. Idaho Legislature RECESS Dear Madam President: AFTERNOON SESSION I have the honor to inform you that I have signed today and The Senate reconvened at 2:30 p.m., pursuant to recess, am transmitting to the Secretary of State the following Senate President McGeachin presiding. Bill, to wit: Roll call showed all members present except Senator S 1153 Ward-Engelking, absent and formally excused by the Chair; and President Pro Tempore Hill and Senators Lee and Thayn, absent Sincerely, and excused. /s/ Brad Little Governor of Idaho Prior to recess the Senate was at the Fifth Order of Business, Petitions, Resolutions, and Memorials. The correspondence was ordered filed in the office of the Secretary of the Senate. The Senate advanced to the Sixth Order of Business. April 3, 2019 Reports of Standing Committees The Honorable Janice McGeachin April 3, 2019 President of the Senate The JUDICIARY AND RULES Committee reports that Idaho Legislature SCR 117 has been correctly enrolled. Dear Madam President: LAKEY, Chairman I have the honor to inform you that I have signed today and The President signed Enrolled SCR 117 and ordered it am transmitting to the Secretary of State the following Senate transmitted to the House for the signature of the Speaker. Bill, to wit: April 3, 2019 S 1180 The TRANSPORTATION Committee reports that it has within the time prescribed by law, the same having arrived had under consideration the House amendments to S 1126, as in the Office of the Governor at the hour of 11:10 a.m. on March amended in the House, and recommends that the Senate concur 28, 2019. in the House amendments. I agree with the spirit of this bill - that we have a moral BRACKETT, Chairman obligation to support public education and to ensure every dollar spent on education is used effectively. I also believe we have a S 1126, as amended in the House, was referred to the Tenth moral obligation to protect the financial stability and soundness Order of Business, Motions and Resolutions, for consideration as of all public institutions, especially public education institutions. to possible concurrence in the House amendments. In my consideration of this bill, I had concerns that the bill On request by Senator Winder, granted by unanimous may implicate Idaho's constitutional prohibition on long term consent, the Senate advanced to the Eighth Order of Business. indebtedness found in Article III, Section 8. I chose to approve this bill because I concluded that the obligation of the state to appropriate funds in the case of a default is not mandatory, is Messages from the Governor at most a potential liability, and can only occur if funds are available in that year, the legislature appropriates such funds, April 2, 2019 and the Governor approves that appropriation. The Honorable Janice McGeachin I will be closely watching and expect to see the mechanisms President of the Senate within this bill strictly followed. I expect the Idaho Housing Idaho Legislature and Finance Association (IHFA) to rigorously enforce the high standards for qualifying into the public charter schools facilities Dear Madam President: program. IHFA must also strictly oversee the requirement that I have the honor to inform you that I have signed today and public charter schools approved and participating in this program am transmitting to the Secretary of State the following Senate deposit and maintain a minimum of twelve months of principal Bills, to wit: interest payments in a restricted debt service account held by the bondholder or trustee. S 1113, as amended in the House, and S 1174 All involved must also closely monitor the public charter Sincerely, school facilities program fund, which serves as another backstop /s/ Brad Little in this process. The treasurer will have the ability and the Governor of Idaho obligation to ensure public charter schools within this program are properly depositing their required fees into this fund. The correspondence was ordered filed in the office of the Further, additional analysis and law may be required, and Secretary of the Senate. consultation with the State Department of Education, to ensure [April 3, 2019 SENATE JOURNAL 281 the intercept provision is consistent with current state fiscal Whereupon the President declared H 293 passed, title was practices. approved, and the bill ordered returned to the House. Please be advised that if each of these mechanisms are not On request by Senator Winder, granted by unanimous strictly followed, I will not support any additional appropriations consent, the Senate advanced to the Fifteenth Order of Business. from the state into the public charter school facilities fund. Miscellaneous Business Thank you for considering this letter and for your continued support of public education in Idaho. On motion by Senator Winder, seconded by Senator Stennett, by voice vote, the Senate adjourned at 3:25 p.m. until the hour of Sincerely, 9:30 a.m., Thursday, April 4, 2019. /s/ Brad Little Governor of Idaho JANICE MCGEACHIN, President The correspondence was ordered filed in the office of the Attest: JENNIFER NOVAK, Secretary Secretary of the Senate. On request by Senator Winder, granted by unanimous consent, the Senate advanced to the Twelfth Order of Business. Second Reading of Bills Motion to Suspend Rules Moved by Senator Winder, seconded by Senator Stennett, that all rules of the Senate interfering with the immediate passage of H 293 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 H 293 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–Agenbroad, Anthon, Bair, Bayer, Brackett, Burgoyne, Burtenshaw, Cheatham, Crabtree, Den Hartog, Grow, Guthrie, Harris, Heider, Jordan, Lakey, Lent, Lodge, Martin, McCoy (Buckner-Webb), Mortimer, Mosman (Johnson), Nelson, Nye, Patrick, Rice, Souza, Stennett, Vick, Winder, Woodward. Total - 31. NAYS–None. Absent and excused–Hill, Lee, Thayn, Ward-Engelking. Total - 4. Total - 35. More than two-thirds having voted in the affirmative, the President declared the rules suspended. H 293 was read the third time at length, section by section, and placed before the Senate for final consideration. Senator Lent arose as sponsor of the bill and opened the debate. The question being, "Shall the bill pass?" Roll call resulted as follows: AYES–Agenbroad, Anthon, Bair, Bayer, Brackett, Burgoyne, Burtenshaw, Cheatham, Crabtree, Den Hartog, Grow, Guthrie, Harris, Heider, Hill, Jordan, Lakey, Lee, Lent, Lodge, Martin, McCoy (Buckner-Webb), Mortimer, Mosman (Johnson), Nelson, Nye, Patrick, Rice, Souza, Stennett, Vick, Winder, Woodward. Total - 33. NAYS–None. Absent and excused–Thayn, Ward-Engelking. Total - 2. Total - 35. 282 SENATE JOURNAL April 4, 2019]

SENATE JOURNAL Sincerely, /s/ Brad Little OF THE Governor of Idaho The correspondence was ordered filed in the office of the IDAHO LEGISLATURE Secretary of the Senate. FIRST REGULAR SESSION SIXTY-FIFTH LEGISLATURE The Senate advanced to the Ninth Order of Business.

Messages from the House April 3, 2019 EIGHTY-EIGHTH LEGISLATIVE DAY THURSDAY, APRIL 4, 2019 Dear Madam President: I transmit herewith Enrolled H 194, as amended in the Senate Chamber Senate, H 169, as amended in the Senate, and H 149, as amended in the Senate, for the signature of the President. President McGeachin called the Senate to order at 9:30 a.m. MAULIN, Chief Clerk Roll call showed all members present. The President signed Enrolled H 194, as amended in the Prayer was offered by Chaplain Montie Ralstin. Senate, H 169, as amended in the Senate, and H 149, as amended in the Senate, and ordered them returned to the House. The Pledge of Allegiance was led by Lauren Pattee, Page. April 3, 2019 The Senate advanced to the Third Order of Business. Dear Madam President: Reading and Correction of the Journal I return herewith Enrolled S 1202, S 1201, S 1203, S 1206, The JUDICIARY AND RULES Committee reports that the S 1207, and S 1065, which have been signed by the Speaker. Senate Journal of the proceedings of April 3, 2019, was read and approved as corrected. MAULIN, Chief Clerk LAKEY, Chairman Enrolled S 1202, S 1201, S 1203, S 1206, S 1207, and There being no objection, the report was adopted and ordered S 1065 were referred to the Judiciary and Rules Committee for filed in the office of the Secretary of the Senate. transmittal to the Office of the Governor. On request by Senator Winder, granted by unanimous April 3, 2019 consent, the Senate advanced to the Sixth Order of Business. Dear Madam President: Reports of Standing Committees I return herewith Enrolled SCR 113 and SCR 114, which April 3, 2019 have been signed by the Speaker. The JUDICIARY AND RULES Committee reports that MAULIN, Chief Clerk S 1061, as amended, as amended in the House, has been correctly engrossed. Enrolled SCR 113 and SCR 114 were referred to the Judiciary and Rules Committee for transmittal to the Office of LAKEY, Chairman the Secretary of State. S 1061, as amended, as amended in the House, was filed for first reading. The Senate advanced to the Tenth Order of Business. On request by Senator Winder, granted by unanimous consent, the Senate advanced to the Eighth Order of Business. Motions and Resolutions Messages from the Governor The President announced that the House amendments to S 1126, as amended in the House, were before the Senate for April 3, 2019 consideration as to possible concurrence, the question being, The Honorable Janice McGeachin "Shall the Senate concur in the House amendments to S 1126, President of the Senate as amended in the House?" Idaho Legislature On request by Senator Brackett, granted by unanimous Dear Madam President: consent, the Senate concurred by voice vote in the House amendments to S 1126, as amended in the House. I have the honor to inform you that I have signed today and am transmitting to the Secretary of State the following Senate S 1126, as amended in the House, was referred to the Bill, to wit: Judiciary and Rules Committee for engrossing. S 1138, as amended The Senate advanced to the Eleventh Order of Business. [April 4, 2019 SENATE JOURNAL 283

Introduction, First Reading, and Reference of Bills, Messages from the Governor House Petitions, Resolutions, and Memorials April 3, 2019 S 1061, as amended, as amended in the House, by Education Committee, was read the first time at length. The Honorable Janice McGeachin President of the Senate On request by Senator Mortimer, granted by unanimous Idaho Legislature consent, S 1061, as amended, as amended in the House, was Dear Madam President: referred to the Education Committee. I have the honor to inform you that I have appointed Eric On request by Senator Winder, granted by unanimous W. Erickson of Rexburg, Idaho, to be Acting State Senator for consent, the Senate returned to the Tenth Order of Business. Legislative District 34, State of Idaho. Motions and Resolutions This appointment is effective April 4, 2019, and will continue On request by Senator Winder, granted by unanimous for as long as necessary. consent, the Senate returned to the Fifth Order of Business. Sincerely, Petitions, Resolutions, and Memorials /s/ Brad Little Governor On motion by Senator Winder, seconded by Senator Jordan, by voice vote the Senate recessed at 10:22 a.m. until the hour of THE OFFICE OF THE GOVERNOR 1:30 p.m. of this day. EXECUTIVE DEPARTMENT BOISE, IDAHO RECESS CERTIFICATE OF APPOINTMENT AFTERNOON SESSION KNOW ALL MEN, by these Presents, that pursuant to the The Senate reconvened at 1:30 p.m., pursuant to recess, provisions of Section 59-917, Idaho Code, Brent Hill, State President McGeachin presiding. Senator, District 34, State of Idaho, has nominated Eric W. Erickson of Rexburg, Idaho, to perform the duties of this office Roll call showed all members present except President Pro temporarily as Acting State Senator, District 34. Tempore Hill and Senator Rice, absent and formally excused by the Chair. NOW, THEREFORE, I, Brad Little, Governor of the State of Idaho, by virtue of the authority vested in me do hereby Prior to recess the Senate was at the Fifth Order of Business, appoint Eric W. Erickson to the office of State Senator, District Petitions, Resolutions, and Memorials. 34, State of Idaho, for a term commencing on April 4, 2019, and The Senate advanced to the Sixth Order of Business. will continue for as long as necessary. IN TESTIMONY WHEREOF, I have hereunto set my hand Reports of Standing Committees and caused to be affixed the Great Seal of the State of Idaho. April 4, 2019 Done at Boise, the Capital of Idaho, this Third day of April, The JUDICIARY AND RULES Committee reports that in the year of our Lord two thousand and nineteen and of the S 1126, as amended in the House, has been correctly engrossed. Independence of the United States of America, the two hundred and forty-third year. LAKEY, Chairman /s/ BY THE GOVERNOR BRAD LITTLE S 1126, as amended in the House, was filed for first reading. /s/ SECRETARY OF STATE LAWERENCE DENNEY April 4, 2019 The correspondence and Certificate of Appointment were ordered filed in the office of the Secretary of the Senate. The JUDICIARY AND RULES Committee reports that Enrolled S 1202, S 1201, S 1203, S 1206, S 1207, and The President announced that the Oath of Office had been S 1065 were delivered to the Office of the Governor at 10:50 a.m., administered previously to Acting Senator Erickson, and he was April 4, 2019. recorded present at this order of business. LAKEY, Chairman April 4, 2019 The report was ordered filed in the office of the Secretary of The Honorable Janice McGeachin the Senate. President of the Senate Idaho Legislature April 4, 2019 Dear Madam President: The JUDICIARY AND RULES Committee reports that Enrolled SCR 113 and SCR 114 were delivered to the Office of I have the honor to inform you that I have signed today and the Secretary of State at 10:47 a.m., April 4, 2019. am transmitting to the Secretary of State the following Senate Bills, to wit: LAKEY, Chairman S 1060, as amended, as amended in the The report was ordered filed in the office of the Secretary of House, and S 1106, as amended the Senate. Sincerely, On request by Senator Winder, granted by unanimous /s/ Brad Little consent, the Senate advanced to the Eighth Order of Business. Governor of Idaho 284 SENATE JOURNAL April 4, 2019]

The correspondence was ordered filed in the office of the FOR THE RETURN OF UNUSED MONEYS; PROVIDING Secretary of the Senate. FOR THE ACQUISITION OF AVAILABLE PROPERTIES; PROVIDING FOR CAPITOL MALL PROPERTY; AND On request by Senator Winder, granted by unanimous DECLARING AN EMERGENCY. consent, the Senate advanced to the Eleventh Order of Business. S 1213 Introduction, First Reading, and Reference of Bills, BY FINANCE COMMITTEE House Petitions, Resolutions, and Memorials AN ACT S 1126, as amended in the House, by State Affairs RELATING TO THE APPROPRIATION TO THE Committee, was read the first time at length and filed for second DEPARTMENT OF AGRICULTURE; APPROPRIATING reading. ADDITIONAL MONEYS TO THE DEPARTMENT OF AGRICULTURE FOR FISCAL YEAR 2019; AUTHORIZING On motion by Senator Winder, seconded by Senator Stennett, ADDITIONAL FULL-TIME EQUIVALENT POSITIONS by voice vote the Senate recessed at 2 p.m. until the hour of FOR FISCAL YEAR 2019; APPROPRIATING ADDITIONAL 4 p.m. of this day. MONEYS TO THE DEPARTMENT OF AGRICULTURE FOR FISCAL YEAR 2020; AUTHORIZING ADDITIONAL RECESS FULL-TIME EQUIVALENT POSITIONS FOR FISCAL YEAR AFTERNOON SESSION 2020; AND DECLARING AN EMERGENCY. The Senate reconvened at 4 p.m., pursuant to recess, S 1210, S 1211, S 1212, and S 1213 were introduced, read President McGeachin presiding. the first time at length, and referred to the Judiciary and Rules Committee for printing. Roll call showed all members present except Senators Grow, Lakey, Lodge, Rice, and Souza, absent and excused. On request by Senator Winder, granted by unanimous consent, the Senate advanced to the Fifteenth Order of Business. Prior to recess the Senate was at the Eleventh Order of Business, Introduction, First Reading, and Reference of Bills, Miscellaneous Business House Petitions, Resolutions, and Memorials. On motion by Senator Winder, seconded by Senator Stennett, S 1210 by voice vote, the Senate adjourned at 4:53 p.m. until the hour of BY FINANCE COMMITTEE 9:30 a.m., Friday, April 5, 2019. AN ACT RELATING TO THE APPROPRIATION TO THE JANICE MCGEACHIN, President DEPARTMENT OF ADMINISTRATION FOR THE Attest: JENNIFER NOVAK, Secretary DIVISION OF PUBLIC WORKS FOR FISCAL YEAR 2019; PROVIDING FOR A GENERAL FUND CASH TRANSFER; APPROPRIATING ADDITIONAL MONEYS TO THE DEPARTMENT OF ADMINISTRATION FOR THE DIVISION OF PUBLIC WORKS FOR FISCAL YEAR 2019; PROVIDING FOR THE RETURN OF UNUSED MONEYS; EXEMPTING THE APPROPRIATION FROM OBJECT TRANSFER LIMITATIONS; AND DECLARING AN EMERGENCY.

S 1211 BY FINANCE COMMITTEE AN ACT RELATING TO THE APPROPRIATION TO THE DEPARTMENT OF ADMINISTRATION FOR THE DIVISION OF PUBLIC WORKS FOR FISCAL YEAR 2019; PROVIDING FOR A GENERAL FUND CASH TRANSFER; APPROPRIATING ADDITIONAL MONEYS TO THE DEPARTMENT OF ADMINISTRATION FOR THE DIVISION OF PUBLIC WORKS FOR FISCAL YEAR 2019; PROVIDING FOR THE RETURN OF UNUSED MONEYS; EXEMPTING THE APPROPRIATION FROM OBJECT TRANSFER LIMITATIONS; AND DECLARING AN EMERGENCY.

S 1212 BY FINANCE COMMITTEE AN ACT RELATING TO THE APPROPRIATION TO THE DEPARTMENT OF ADMINISTRATION FOR THE DIVISION OF PUBLIC WORKS FOR FISCAL YEAR 2019; PROVIDING FOR A GENERAL FUND CASH TRANSFER; APPROPRIATING ADDITIONAL MONEYS TO THE DEPARTMENT OF ADMINISTRATION FOR THE DIVISION OF PUBLIC WORKS FOR FISCAL YEAR 2019; PROVIDING [April 5, 2019 SENATE JOURNAL 285

SENATE JOURNAL The correspondence was ordered filed in the office of the Secretary of the Senate. OF THE The Senate advanced to the Ninth Order of Business. IDAHO LEGISLATURE Messages from the House FIRST REGULAR SESSION April 4, 2019 SIXTY-FIFTH LEGISLATURE Dear Madam President: I return herewith S 1204, as amended, as amended in the House, which has passed the House.

EIGHTY-NINTH LEGISLATIVE DAY MAULIN, Chief Clerk FRIDAY, APRIL 5, 2019 S 1204, as amended, as amended in the House, was referred to the Health and Welfare Committee for consideration as to Senate Chamber possible concurrence in the House amendments. President McGeachin called the Senate to order at 9:30 a.m. April 4, 2019 Roll call showed all members present except Senators Heider Dear Madam President: and Martin, absent and excused. I transmit herewith Enrolled H 217, as amended in the Prayer was offered by Chaplain Montie Ralstin. Senate, H 259, as amended in the Senate, H 291, and H 296 for the signature of the President. The Pledge of Allegiance was led by Jakob Alt, Page. MAULIN, Chief Clerk The Senate advanced to the Third Order of Business. The President signed Enrolled H 217, as amended in the Reading and Correction of the Journal Senate, H 259, as amended in the Senate, H 291, and H 296 and The JUDICIARY AND RULES Committee reports that the ordered them returned to the House. Senate Journal of the proceedings of April 4, 2019, was read and April 4, 2019 approved as corrected. Dear Madam President: LAKEY, Chairman I return herewith Enrolled SCR 117, which has been signed There being no objection, the report was adopted and ordered by the Speaker. filed in the office of the Secretary of the Senate. On request by Senator Winder, granted by unanimous MAULIN, Chief Clerk consent, the Senate advanced to the Sixth Order of Business. Enrolled SCR 117 was referred to the Judiciary and Rules Reports of Standing Committees Committee for transmittal to the Office of the Secretary of State. S 1210, S 1211, S 1212, and S 1213 were referred to the On request by Senator Winder, granted by unanimous Finance Committee. consent, the Senate advanced to the Twelfth Order of Business. On request by Senator Winder, granted by unanimous Second Reading of Bills consent, the Senate advanced to the Eighth Order of Business. S 1126, as amended in the House, by State Affairs Messages from the Governor Committee, was read the second time at length and filed for third reading. April 4, 2019 On request by Senator Winder, granted by unanimous The Honorable Janice McGeachin consent, the Senate returned to the Fifth Order of Business. President of the Senate Idaho Legislature Petitions, Resolutions, and Memorials Dear Madam President: The Senate advanced to the Sixth Order of Business. I have the honor to inform you that I have signed today and Reports of Standing Committees am transmitting to the Secretary of State the following Senate Bills, to wit: April 5, 2019 S 1065, S 1201, S 1202, S 1203, S 1206, and The HEALTH AND WELFARE Committee reports out S 1207 S 1204, as amended, as amended in the House, with the recommendation that the Senate not concur in the House Sincerely, amendments. /s/ Brad Little Governor of Idaho MARTIN, Chairman 286 SENATE JOURNAL April 5, 2019]

S 1204, as amended, as amended in the House, and the On request by Senator Winder, granted by unanimous committee report were referred to the Tenth Order of Business, consent, the Senate returned to the Sixth Order of Business. Motions and Resolutions. Reports of Standing Committees April 5, 2019 April 5, 2019 The FINANCE Committee reports out S 1210, S 1211, S 1212, and S 1213 with the recommendation that they do pass. The JUDICIARY AND RULES Committee reports that S 1204, as amended, as amended in the House, has been correctly BAIR, Chairman engrossed. S 1210, S 1211, S 1212, and S 1213 were filed for second LAKEY, Chairman reading. S 1204, as amended, as amended in the House, was filed for On request by Senator Winder, granted by unanimous first reading. consent, the Senate advanced to the Tenth Order of Business. Motions and Resolutions April 5, 2019 On motion by Senator Winder, seconded by Senator Jordan, The JUDICIARY AND RULES Committee reports that by voice vote the Senate recessed at 11:47 a.m. until the hour of Enrolled SCR 117 was delivered to the Office of the Secretary 1:30 p.m. of this day. of State at 1:09 p.m., April 5, 2019. RECESS LAKEY, Chairman AFTERNOON SESSION The report was ordered filed in the office of the Secretary of The Senate reconvened at 1:30 p.m., pursuant to recess, the Senate. President McGeachin presiding. On request by Senator Winder, granted by unanimous Roll call showed all members present except Senators consent, the Senate advanced to the Eighth Order of Business. Brackett and Thayn, absent and excused. Messages from the Governor Prior to recess the Senate was at the Tenth Order of Business, Motions and Resolutions. April 5, 2019 The Senate now has before it S 1204, as amended, as The Honorable Janice McGeachin amended in the House, and the Health and Welfare Committee President of the Senate report recommending that the Senate not concur in the House Idaho Legislature amendments. Dear Madam President: Moved by Senator Martin, seconded by Senator Jordan, that the Health and Welfare Committee report be adopted. The I hereby advise you that I am returning to you, without my question being, "Shall the motion prevail?" approval, disapproved and vetoed, the following Senate Bill, to wit: A substitute motion was made by Senator Souza, seconded by Senator Grow, that the Senate concur with the House S 1159, as amended amendments to S 1204, as amended, as amended in the House. within the time limited by law, the same having arrived in the Roll call vote was requested by Senator Stennett. Senators Office of the Governor at the hour of 4:35 p.m. on April 2, 2019. Burgoyne, Jordan, and Ward-Engelking stood in support of the roll call request. I reluctantly vetoed S 1159 and plan to veto H 296 because I question the constitutional sufficiency of the bills and the Roll call resulted as follows: unintended consequences of their passage. The bills invite legal AYES–Agenbroad, Anthon, Bair, Bayer, Burtenshaw, challenges that likely will result in the Idaho initiative process Cheatham, Crabtree, Den Hartog, Erickson (Hill), Grow, Lakey, being determined by the liberal Ninth Circuit Court of Appeals Lent, Lodge, Mortimer, Mosman (Johnson), Rice, Souza, Vick, - the same Circuit that recently decided Idaho should pay for Winder, Woodward. Total - 20. gender reassignment surgery for a transgender inmate serving time for molesting a child. We need to do all we can to control NAYS–Burgoyne, Guthrie, Harris, Heider, Jordan, Lee, the rules of our initiative process. Martin, McCoy (Buckner-Webb), Nelson, Nye, Patrick, Stennett, Ward-Engelking. Total - 13. I have lived in rural Idaho my whole life. I appreciate and support our Legislature seeking ways to ensure the rights of all Absent and excused–Brackett, Thayn. Total - 2. Idahoans - not just those in urban areas - have a voice in Idaho's initiative process. Just because you live in a rural area does not Total - 35. mean your view should be ignored. Whereupon the president declared the substitute motion to concur with the House amendments to S 1204, as amended, as Although S 1159 and its companion, H 296, attempt to give amended in the House prevailed. rural Idahoans a greater voice in the initiative process, I believe these bills could give a lone federal judge the only voice in S 1204, as amended, as amended in the House, was referred defining our initiative process. I cannot in good conscience let to the Judiciary and Rules Committee for engrossing. that happen. [April 5, 2019 SENATE JOURNAL 287

I agree with the goals and the vision of S 1159 and H 296. H 300, by Ways and Means Committee, was introduced, Idaho cannot become like California and other states that have read the first time at length, and referred to the State Affairs adopted liberal initiative rules that result in excessive regulation Committee. and often conflicting laws. I also agree with many legislators that as technology and communications accelerate initiative The Senate advanced to the Twelfth Order of Business. efforts, we should prudently assure we do not have an initiative process that hamstrings and replaces our representative system Second Reading of Bills of government. Motion to Suspend Rules I appreciate the enormous outpouring of opinion from both Moved by Senator Winder, seconded by Senator Anthon, that sides of this issue. I have done the best I can to listen to my fellow all rules of the Senate interfering with the immediate passage of Idahoans - those vocal and those generally quiet. S 1204, as amended, as amended in the House, be suspended; that I look forward to working with the Idaho Legislature to more the portions of Section 15, Article 3, of the Constitution of the closely examine these issues moving forward. 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 1204, Sincerely, as amended, as amended in the House, be read the second time /s/ Brad Little by title and the third time at length, section by section, and be Governor of Idaho put upon its final passage. The question being, "Shall the rules be suspended?" The question being, "Shall Enrolled S 1159, as amended, become law, the Governor's veto notwithstanding?" Roll call resulted as follows: On request by Senator Winder, granted by unamimous AYES–Agenbroad, Anthon, Bair, Bayer, Burgoyne, consent, S 1159, as amended, was recommitted to the State Burtenshaw, Cheatham, Crabtree, Den Hartog, Erickson (Hill), Affairs Committee. Grow, Guthrie, Harris, Heider, Lakey, Lee, Lent, Lodge, Martin, Mortimer, Mosman (Johnson), Patrick, Rice, Souza, Vick, The Senate advanced to the Ninth Order of Business. Winder, Woodward. Total - 27. Messages from the House NAYS–Jordan, McCoy (Buckner-Webb), Nelson, Nye, April 5, 2019 Stennett, Ward-Engelking. Total - 6. Dear Madam President: Absent and excused–Brackett, Thayn. Total - 2. I transmit herewith H 300, which has passed the House. Total - 35. MAULIN, Chief Clerk More than two-thirds having voted in the affirmative, the President declared the rules suspended. H 300 was filed for first reading. S 1204, as amended, as amended in the House, was read the April 5, 2019 third time at length, section by section, and placed before the Dear Madam President: Senate for final consideration. Senator Souza arose as sponsor of the bill and opened the debate. The question being, "Shall the bill I return herewith S 1157 and S 1184, which have passed the pass?" House. Roll call resulted as follows: MAULIN, Chief Clerk AYES–Anthon, Bair, Bayer, Burtenshaw, Cheatham, S 1157 and S 1184 were referred to the Judiciary and Rules Crabtree, Den Hartog, Erickson (Hill), Grow, Lakey, Lent, Committee for enrolling. Lodge, Mortimer, Patrick, Rice, Souza, Thayn, Vick, Winder. April 5, 2019 Total - 19. Dear Madam President: NAYS–Agenbroad, Brackett, Burgoyne, Guthrie, Harris, Heider, Jordan, Lee, Martin, McCoy (Buckner-Webb), Mosman I transmit herewith Enrolled H 293 for the signature of the (Johnson), Nelson, Nye, Stennett, Ward-Engelking, Woodward. President. Total - 16. MAULIN, Chief Clerk Paired and voting included in roll call: AYE - Thayn NAY - Brackett The President signed Enrolled H 293 and ordered it returned to the House. Total - 35. On request by Senator Winder, granted by unanimous consent, the Senate advanced to the Eleventh Order of Business. Whereupon the President declared S 1204, as amended, as amended in the House, passed, title was approved, and the bill Introduction, First Reading, and Reference of Bills, referred to Judiciary and Rules Committee for enrolling. House Petitions, Resolutions, and Memorials On request by Senator Winder, granted by unanimous S 1204, as amended, as amended in the House, by State consent, the Senate advanced to the Fifteenth Order of Business. Affairs Committee, was read the first time at length and filed for second reading. Miscellaneous Business 288 SENATE JOURNAL April 5, 2019]

On motion by Senator Winder, seconded by Senator Stennett, by voice vote, the Senate adjourned at 4:04 p.m. until the hour of 9:30 a.m., Monday, April 8, 2019. JANICE MCGEACHIN, President Attest: JENNIFER NOVAK, Secretary [April 8, 2019 SENATE JOURNAL 289

SENATE JOURNAL I have the honor to inform you that I have appointed Tracy Walton of Emmett, Idaho, to be Acting State Senator for OF THE Legislative District 8, State of Idaho. This appointment is effective April 8, 2019, and will expire IDAHO LEGISLATURE on Apil 12, 2019. FIRST REGULAR SESSION Sincerely, SIXTY-FIFTH LEGISLATURE /s/ Brad Little Governor THE OFFICE OF THE GOVERNOR EXECUTIVE DEPARTMENT BOISE, IDAHO NINETY-SECOND LEGISLATIVE DAY CERTIFICATE OF APPOINTMENT MONDAY, APRIL 8, 2019 KNOW ALL MEN, by these Presents, that pursuant to the provisions of Section 59-917, Idaho Code, Steven P. Thayn, State Senate Chamber Senator, District 8, State of Idaho, has nominated Tracy Walton of Emmett, Idaho, to perform the duties of this office temporarily President McGeachin called the Senate to order at 9:30 a.m. as Acting State Senator, District 8. Roll call showed all members present except Senators Harris NOW, THEREFORE, I, Brad Little, Governor of the State of and Thayn, absent and formally excused by the Chair; and Idaho, by virtue of the authority vested in me do hereby appoint Senators Rice and Souza, absent and excused. Tracy Walton to the office of State Senator, District 8, county, State of Idaho, for a term commencing on April 8, 2019, and will Prayer was offered by Chaplain Montie Ralstin. expire on April 12, 2019. The Pledge of Allegiance was led by Bret Bagley, Page. IN TESTIMONY WHEREOF, I have hereunto set my hand and caused to be affixed the Great Seal of the State of Idaho. The Senate advanced to the Third Order of Business. Done at Boise, the Capital of Idaho, this Fifth day of April, Reading and Correction of the Journal in the year of our Lord two thousand and nineteen and of the The JUDICIARY AND RULES Committee reports that the Independence of the United States of America, the two hundred Senate Journal of the proceedings of April 5, 2019, was read and and forty-third year. approved as corrected. /s/ BY THE GOVERNOR BRAD LITTLE LAKEY, Chairman /s/ SECRETARY OF STATE LAWERENCE DENNEY The correspondence and Certificate of Appointment were There being no objection, the report was adopted and ordered ordered filed in the office of the Secretary of the Senate. filed in the office of the Secretary of the Senate. The President announced that the Oath of Office had been On request by Senator Winder, granted by unanimous administered previously to Acting Senator Walton, and he was consent, the Senate advanced to the Sixth Order of Business. recorded present at this order of business. Reports of Standing Committees On request by Senator Winder, granted by unanimous April 8, 2019 consent, the Senate advanced to the Twelfth Order of Business. Second Reading of Bills The JUDICIARY AND RULES Committee reports that S 1157, S 1184, and S 1204, as amended, as amended in the S 1210, S 1211, S 1212, and S 1213, by Finance Committee, House, have been correctly enrolled. were read the second time at length and filed for third reading. LAKEY, Chairman On request by Senator Winder, granted by unanimous consent, the Senate returned to the Sixth Order of Business. The President signed Enrolled S 1157, S 1184, and S 1204, as amended, as amended in the House, and ordered them transmitted Reports of Standing Committees to the House for the signature of the Speaker. On motion by Senator Winder, seconded by Senator Stennett, On request by Senator Winder, granted by unanimous by voice vote the Senate recessed at 9:48 a.m. until the hour of consent, the Senate advanced to the Eighth Order of Business. 11:15 a.m. of this day. Messages from the Governor RECESS AFTERNOON SESSION April 5, 2019 The Senate reconvened at 11:15 a.m., pursuant to recess, The Honorable Janice McGeachin President McGeachin presiding. President of the Senate Idaho Legislature Roll call showed all members present except Senator Souza, absent and formally excused by the Chair; and Senator Harris, Dear Madam President: absent and excused. 290 SENATE JOURNAL April 8, 2019]

Prior to recess the Senate was at the Sixth Order of Business, Done at Boise, the Capital of Idaho, this Eighth day of April, Reports of Standing Committees. in the year of our Lord two thousand and nineteen and of the Independence of the United States of America, the two hundred April 8, 2019 and forty-third year. The STATE AFFAIRS Committee reports out H 300 with /s/ BY THE GOVERNOR BRAD LITTLE the recommendation that it be referred to the Fourteenth Order /s/ SECRETARY OF STATE LAWERENCE DENNEY of Business for amendment. The correspondence and Certificate of Appointment were LODGE, Chairman ordered filed in the office of the Secretary of the Senate. There being no objection, H 300 was referred to the The President announced that the Oath of Office had been Fourteenth Order of Business, General Calendar. administered previously to Acting Senator Oppenheimer, and she On motion by Senator Winder, seconded by Senator Stennett, was recorded present at this order of business. by voice vote the Senate recessed at 11:34 a.m. until the hour of The Senate advanced to the Ninth Order of Business. 2 p.m. of this day. Messages from the House RECESS AFTERNOON SESSION April 8, 2019 The Senate reconvened at 2 p.m., pursuant to recess, Dear Madam President: President McGeachin presiding. I return herewith Enrolled S 1157, S 1184, and S 1204, as Roll call showed all members present except Senator amended, as amended in the House, which have been signed by Ward-Engelking, absent and formally excused by the Chair; and the Speaker. Senators Grow, Harris, Rice, and Souza, absent and excused. MAULIN, Chief Clerk Prior to recess the Senate was at the Sixth Order of Business, Reports of Standing Committees. Enrolled S 1157, S 1184, and S 1204, as amended, as amended in the House, were referred to the Judiciary and Rules On request by Senator Winder, granted by unanimous Committee for transmittal to the Office of the Governor. consent, the Senate advanced to the Eighth Order of Business. On request by Senator Winder, granted by unanimous Messages from the Governor consent, the Senate advanced to the Fourteenth Order of Business. April 8, 2019 General Calendar The Honorable Janice McGeachin President of the Senate The President declared the Senate resolved into the Idaho Legislature Committee of the Whole and called Senator Vick to the Chair to preside during the sitting of the Committee of the Whole. Dear Madam President: Following the adjournment of the Committee of the Whole, I have the honor to inform you that I have appointed Beth the President called the Senate to order. Oppenheimer of Boise, Idaho, to be Acting State Senator for Legislative District 18, State of Idaho. Report of the Committee of the Whole This appointment is effective April 8, 2019, and will continue Senator Vick, Chairman of the Committee of the Whole, for as long as necessary. reported out H 300, without recommendation, amended as Sincerely, follows: /s/ Brad Little Governor SENATE AMENDMENT TO H 300 AMENDMENT TO SECTION 1 THE OFFICE OF THE GOVERNOR On page 1 of the printed bill, in line 10, following "OF" EXECUTIVE DEPARTMENT insert: "INDUSTRIAL"; in line 20, following "2018" insert: BOISE, IDAHO ", commonly known as industrial hemp"; in line 28, delete CERTIFICATE OF APPOINTMENT "hemp" and insert: "industrial hemp"; in line 30, following "state" insert: "or foreign country"; in line 31, delete "Hemp" and KNOW ALL MEN, by these Presents, that pursuant to the insert: "Industrial hemp"; in line 37, delete "hemp" and insert: provisions of Section 59-917, Idaho Code, Janie Ward-Engelking, "industrial hemp"; and in line 40, delete "hemp" and insert: State Senator, District 18, State of Idaho, has nominated Beth "industrial hemp". Oppenheimer of Boise, Idaho, to perform the duties of this office On page 2, in line 1, delete "hemp" and insert: "industrial temporarily as Acting State Senator, District 18. hemp"; in line 2, following "Code" insert: ", which shall be NOW, THEREFORE, I, Brad Little, Governor of the State enforced by the director"; in line 9, delete "hemp" and insert: of Idaho, by virtue of the authority vested in me do hereby "industrial hemp"; in line 11, delete "hemp" and insert: "industrial appoint Beth Oppenheimer to the office of State Senator, District hemp"; in line 12, delete "hemp" and insert: "industrial hemp"; 18, State of Idaho, for a term commencing on April 8, 2019, and in line 20, delete "hemp" and insert: "industrial hemp"; in line will continue for as long as necessary. 25, delete "hemp" and insert: "industrial hemp"; in line 26, delete "hemp" and insert: "industrial hemp"; in line 29, delete "hemp" IN TESTIMONY WHEREOF, I have hereunto set my hand and insert: "industrial hemp"; in line 30, delete "hemp" and and caused to be affixed the Great Seal of the State of Idaho. insert: "industrial hemp"; in line 34, following "Code." insert: [April 8, 2019 SENATE JOURNAL 291

"However, the provisions of this section shall not be construed to April 8, 2019 apply to any material or product derived from hemp that contains no quantity of delta-9 tetrahydrocannabinol concentration, as The JUDICIARY AND RULES Committee reports that described in section 37-2705(d)(27), Idaho Code, and is not Senate amendments to H 300 have been correctly printed. derived from the prohibited parts of the marijuana plant, as provided in section 37-2701(t), Idaho Code."; in line 36, delete LAKEY, Chairman "hemp" and insert: "industrial hemp"; and in line 37, following The report was ordered filed in the office of the Secretary of "fees and" insert: "civil". the Senate. AMENDMENT TO THE BILL April 8, 2019 On page 2, following line 42, insert: The JUDICIARY AND RULES Committee reports that "SECTION 2. LEGISLATIVE INTENT. Because the federal Enrolled S 1157, S 1184, and S 1204, as amended, as amended Agriculture Improvement Act of 2018, P.L. 115-334, allows in the House, were delivered to the Office of the Governor at states to have primary regulatory authority over the production 2:40 p.m., April 8, 2019. of industrial hemp, it is the intent of the Legislature that through the negotiated rulemaking process, and in consultation with LAKEY, Chairman the Governor and the director of the Idaho State Police, the director of the Idaho state Department of Agriculture shall The report was ordered filed in the office of the Secretary of develop and submit a state plan to the Secretary of Agriculture the Senate. by November 1, 2019, or immediately upon the date after which the United States Department of Agriculture is ready to accept On request by Senator Winder, granted by unanimous state plans, whichever is later, to allow for the research and consent, the Senate advanced to the Eleventh Order of Business. production of industrial hemp in Idaho to the greatest extent Introduction, First Reading, and Reference of Bills, allowed under federal law. As part of the state plan, the director House Petitions, Resolutions, and Memorials of the Idaho state Department of Agriculture, in consultation with the Governor and the director of the Idaho State Police, H 300, as amended in the Senate, by Ways and Means shall prepare by rule and submit to the Secretary of Agriculture Committee, was read the first time at length and filed for second a corrective action plan consistent with the federal Agriculture reading. Improvement Act of 2018. On request by Senator Winder, granted by unanimous SECTION 3. LEGISLATIVE INTENT. Because industrial consent, the Senate advanced to the Thirteenth Order of Business. hemp has numerous commercial uses, has the potential to be an alternate crop, and presents the possibility of creating jobs in Third Reading of Bills production, processing, transportation, and research of industrial hemp in Idaho, the Idaho state Department of Agriculture and On request by Senator Bair, granted by unanimous consent, the Idaho State Police are authorized to take regulatory action in S 1213 was referred to the Finance Committee. preparation to allow for the cultivation, growing, and production On request by Senator Brackett, granted by unanimous of industrial hemp in the 2020 growing season to the maximum consent, S 1126, as amended in the House, was referred to the extent allowed under federal law. Further, the University of Transportation Committee. Idaho, in fulfillment of its land grant mission, leads the nation in many areas of agricultural research and is encouraged to research On request by Senator Winder, granted by unanimous and study this burgeoning field."; consent, the Senate returned to the Fourth Order of Business. and renumber subsequent section accordingly. Reading of Communications CORRECTION TO TITLE On page 1, in line 2, delete "HEMP" and insert: On request by Senator Winder, granted by unanimous "INDUSTRIAL HEMP"; in line 4, delete "OF HEMP" and consent, the Senate advanced to the Fifth Order of Business. insert: "OF INDUSTRIAL HEMP"; also in line 4, delete "THE HEMP" and insert: "THE INDUSTRIAL HEMP"; and in line Petitions, Resolutions, and Memorials 5, following "FUND;" insert: "PROVIDING LEGISLATIVE INTENT;". On request by Senator Winder, granted by unanimous consent, the Senate advanced to the Fifteenth Order of Business. VICK, Chairman Miscellaneous Business On motion by Senator Vick, seconded by Senator Stennett, the report was adopted by voice vote. On motion by Senator Winder, seconded by Senator Stennett, by voice vote, the Senate adjourned at 3:30 p.m. until the hour of H 300, as amended in the Senate, was filed for first reading 10 a.m., Tuesday, April 9, 2019. as amended, and the amendments thereto were referred to the Judiciary and Rules Committee for printing. JANICE MCGEACHIN, President On request by Senator Winder, granted by unanimous Attest: JENNIFER NOVAK, Secretary consent, the Senate returned to the Sixth Order of Business. Reports of Standing Committees Senator Rice was recorded present at this order of business. 292 SENATE JOURNAL April 9, 2019]

SENATE JOURNAL Nye, Oppenheimer (Ward-Engelking), Patrick, Rice, Stennett, Vick, Walton (Thayn), Winder, Woodward. Total - 33. OF THE NAYS–None. IDAHO LEGISLATURE Absent and excused–Harris, Souza. Total - 2. FIRST REGULAR SESSION Total - 35. SIXTY-FIFTH LEGISLATURE More than two-thirds having voted in the affirmative, the President declared the rules suspended. H 300, as amended in the Senate, was read the third time at length, section by section, and placed before the Senate for final NINETY-THIRD LEGISLATIVE DAY consideration. Senator Lee arose as sponsor of the bill and opened TUESDAY, APRIL 9, 2019 the debate. The question being, "Shall the bill pass?" Roll call resulted as follows: Senate Chamber AYES–Agenbroad, Anthon, Bair, Bayer, Brackett, Burgoyne, President McGeachin called the Senate to order at 10 a.m. Burtenshaw, Cheatham, Crabtree, Den Hartog, Erickson (Hill), Guthrie, Heider, Jordan, Lakey, Lee, Lent, Lodge, Martin, Roll call showed all members present except Senators Harris McCoy (Buckner-Webb), Mortimer, Mosman (Johnson), Nelson, and Souza, absent and formally excused by the Chair. Nye, Oppenheimer (Ward-Engelking), Patrick, Rice, Stennett, Vick, Walton (Thayn), Woodward. Total - 31. Prayer was offered by Chaplain Montie Ralstin. NAYS–Grow. Total - 1. The Pledge of Allegiance was led by Paige Evans, Page. The Senate advanced to the Third Order of Business. Absent and excused–Harris, Souza, Winder. Total - 3. Reading and Correction of the Journal Total - 35. The JUDICIARY AND RULES Committee reports that the Whereupon the President declared H 300, as amended in the Senate Journal of the proceedings of April 8, 2019, was read and Senate, passed, title was approved, and the bill ordered returned approved as corrected. to the House. LAKEY, Chairman On request by Senator Winder, granted by unanimous consent, the Senate returned to the Fourth Order of Business. There being no objection, the report was adopted and ordered filed in the office of the Secretary of the Senate. Reading of Communications On request by Senator Winder, granted by unanimous On request by Senator Winder, granted by unanimous consent, the Senate advanced to the Twelfth Order of Business. consent, the Senate advanced to the Fifth Order of Business. Second Reading of Bills Petitions, Resolutions, and Memorials H 300, as amended in the Senate, by Ways and Means On motion by Senator Winder, seconded by Senator Stennett, Committee, was read the second time at length and filed for third by voice vote the Senate recessed at 10:40 a.m. until the hour of reading. 2:30 p.m. of this day. The Senate advanced to the Thirteenth Order of Business. RECESS AFTERNOON SESSION Third Reading of Bills The Senate reconvened at 2:30 p.m., pursuant to recess, Motion to Suspend Rules President McGeachin presiding. Moved by Senator Winder, seconded by Senator Stennett, that all rules of the Senate interfering with the immediate passage Roll call showed all members present except Senators Harris of H 300, as amended in the Senate, be suspended; that the and Souza, absent and formally excused by the Chair. portions of Section 15, Article 3, of the Constitution of the State Prior to recess the Senate was at the Fifth Order of Business, of Idaho requiring all bills to be read on three several days be Petitions, Resolutions, and Memorials. dispensed with, this being a case of urgency, and that H 300, as amended in the Senate, be read the third time at length, section On request by Senator Winder, granted by unanimous by section, and be put upon its final passage. The question being, consent, the Senate advanced to the Eighth Order of Business. "Shall the rules be suspended?" Messages from the Governor Roll call resulted as follows: April 9, 2019 AYES–Agenbroad, Anthon, Bair, Bayer, Brackett, Burgoyne, Burtenshaw, Cheatham, Crabtree, Den Hartog, Erickson (Hill), The Honorable Janice McGeachin Grow, Guthrie, Heider, Jordan, Lakey, Lee, Lent, Lodge, Martin, President of the Senate McCoy (Buckner-Webb), Mortimer, Mosman (Johnson), Nelson, Idaho Legislature [April 9, 2019 SENATE JOURNAL 293

Dear Madam President: Dear Madam President: I have the honor to inform you that I have signed today and I have the honor to inform you that I have signed today and am transmitting to the Secretary of State the following Senate am transmitting to the Secretary of State the following Senate Bill, to wit: Bills, to wit: S 1204, as amended, as amended in the House S 1157 and S 1184 within the time prescribed by law, the same having arrived Sincerely, in the Office of the Governor at the hour of 2:40 p.m. on April 8, /s/ Brad Little 2019. Governor of Idaho I appreciate the Idaho Legislature's innovative approach The correspondence was ordered filed in the office of the to expanding Medicaid to individuals under 138 percent of the Secretary of the Senate. federal poverty level while pursuing options that enable working Idahoans on private insurance to choose their healthcare and The Senate advanced to the Ninth Order of Business. remain on private coverage. I value the success of Your Health Idaho and believe our citizens deserve the choice to access Messages from the House private insurance. The negotiations with the federal government will be challenging, but I have confidence in my directors of April 9, 2019 the Department of Health and Welfare and the Department of Insurance and their ability to work with our federal partners and Dear Madam President: pursue the waiver required to implement this approach. I return herewith S 1173 and S 1171, which have passed the I also strongly support the goal to incentivize unemployed House. and underemployed individuals to engage in work training opportunities to build financial stability. We must encourage MAULIN, Chief Clerk self-sufficiency among those receiving public assistance. S 1173 and S 1171 were referred to the Judiciary and Rules However, I have concerns regarding the work and training Committee for enrolling. reporting requirements in this bill. Similar requirements have resulted in costly lawsuits and were recently struck down in On request by Senator Winder, granted by unanimous federal courts. consent, the Senate advanced to the Fifteenth Order of Business. As I said in my State of the State and Budget address, we Miscellaneous Business need "spring in our safety net" so that Idahoans have pathways out of poverty; employment is a critical component of that. On motion by Senator Winder, seconded by Senator Stennett, Unfortunately, this bill fails to utilize our existing work and by voice vote, the Senate adjourned at 3:45 p.m. until the hour of training program, which focuses on outcomes to help individuals 9 a.m., Wednesday, April 10, 2019. find employment, complete training programs, and enroll in education programs to increase employment and enhance wages. JANICE MCGEACHIN, President Utilization of the program also would streamline more efficient and accurate reporting. Additionally, the reporting activities Attest: JENNIFER NOVAK, Secretary required in this bill risk eligibility sanctions associated with reporting errors and result in an unnecessary administrative burden that requires the same reporting for individuals who are working. I am troubled the fiscal impact does not accurately represent the increased administrative costs associated with the work reporting activities. In the future, I strongly urge the Legislature to evaluate the work requirement set forth in this bill and ensure it is the most effective and efficient way to connect Idahoans to employment opportunities while providing access to healthcare. I strongly encourage the Legislature to revisit the key tenets of this bill in the interim and early next session to address these issues. Sincerely, /s/ Brad Little Governor of Idaho The correspondence was ordered filed in the office of the Secretary of the Senate. April 9, 2019 The Honorable Janice McGeachin President of the Senate Idaho Legislature 294 SENATE JOURNAL April 10, 2019]

SENATE JOURNAL S 1214 was referred to the Finance Committee. OF THE April 9, 2019 The JUDICIARY AND RULES Committee reports that IDAHO LEGISLATURE S 1173 and S 1171 have been correctly enrolled. FIRST REGULAR SESSION LAKEY, Chairman SIXTY-FIFTH LEGISLATURE The President signed Enrolled S 1173 and S 1171 and ordered them transmitted to the House for the signature of the Speaker. On request by Senator Winder, granted by unanimous consent, the Senate returned to the Fifth Order of Business. NINETY-FOURTH LEGISLATIVE DAY WEDNESDAY, APRIL 10, 2019 Petitions, Resolutions, and Memorials On motion by Senator Winder, seconded by Senator Stennett, Senate Chamber by voice vote the Senate recessed at 11:33 a.m. until the hour of 2 p.m. of this day. President McGeachin called the Senate to order at 9 a.m. RECESS Roll call showed all members present except Senators AFTERNOON SESSION Brackett, Harris, and Souza, absent and formally excused by the Chair. The Senate reconvened at 2 p.m., pursuant to recess, President McGeachin presiding. Prayer was offered by Chaplain Montie Ralstin. Roll call showed all members present except Senators The Pledge of Allegiance was led by Alex Knowlton, Page. Brackett, Guthrie, Heider, Souza, and Woodward, absent and excused. The Senate advanced to the Third Order of Business. Prior to recess the Senate was at the Fifth Order of Business, Reading and Correction of the Journal Petitions, Resolutions, and Memorials. The JUDICIARY AND RULES Committee reports that the Senate Journal of the proceedings of April 9, 2019, was read and The Senate advanced to the Sixth Order of Business. approved as corrected. Reports of Standing Committees LAKEY, Chairman April 10, 2019 There being no objection, the report was adopted and ordered The FINANCE Committee reports out S 1214 with the filed in the office of the Secretary of the Senate. recommendation that it do pass. On request by Senator Winder, granted by unanimous consent, the Senate advanced to the Eleventh Order of Business. BAIR, Chairman Introduction, First Reading, and Reference of Bills, S 1214 was filed for second reading. House Petitions, Resolutions, and Memorials On request by Senator Winder, granted by unanimous consent, the Senate advanced to the Ninth Order of Business. S 1214 BY FINANCE COMMITTEE Messages from the House AN ACT RELATING TO THE APPROPRIATION TO THE April 10, 2019 DEPARTMENT OF HEALTH AND WELFARE FOR FISCAL YEAR 2020; APPROPRIATING ADDITIONAL MONEYS TO Dear Madam President: THE DEPARTMENT OF HEALTH AND WELFARE FOR I return herewith Enrolled S 1173 and S 1171, which have FISCAL YEAR 2020; AND PROVIDING REQUIREMENTS been signed by the Speaker. FOR WAIVER FUNDING. S 1214 was introduced, read the first time at length, and MAULIN, Chief Clerk referred to the Judiciary and Rules Committee for printing. Enrolled S 1173 and S 1171 were referred to the Judiciary and On request by Senator Winder, granted by unanimous Rules Committee for transmittal to the Office of the Governor. consent, the Senate returned to the Sixth Order of Business. Senator Guthrie was recorded present at this order of Reports of Standing Committees business. April 10, 2019 April 10, 2019 The JUDICIARY AND RULES Committee reports that Dear Madam President: S 1214 has been correctly printed. I transmit herewith H 297 and H 303, which have passed the LAKEY, Chairman House. [April 10, 2019 SENATE JOURNAL 295

MAULIN, Chief Clerk Introduction, First Reading, and Reference of Bills, House Petitions, Resolutions, and Memorials H 297 and H 303 were filed for first reading. H 297, by Appropriations Committee, was introduced, read April 10, 2019 the first time at length, and referred to the Finance Committee. Dear Madam President: H 303, by State Affairs Committee, was introduced, read the I return herewith S 1205, as amended in the House, which first time at length, and referred to the State Affairs Committee. has passed the House. MAULIN, Chief Clerk The Senate advanced to the Twelfth Order of Business. On request by Senator Lakey, granted by unanimous consent, S 1205, as amended in the House, was referred to the Tenth Order Second Reading of Bills of Business, Motions and Resolutions, for consideration as to Motion to Suspend Rules possible concurrence in the House amendments. Moved by Senator Winder, seconded by Senator Anthon, that April 10, 2019 all rules of the Senate interfering with the immediate passage of Dear Madam President: S 1214 be suspended; that the portions of Section 15, Article 3, of the Constitution of the State of Idaho requiring all bills to be I return herewith S 1072, which has passed the House. read on three several days be dispensed with, this being a case of urgency, and that S 1214 be read the second time by title and the MAULIN, Chief Clerk third time at length, section by section, and be put upon its final S 1072 was referred to the Judiciary and Rules Committee passage. The question being, "Shall the rules be suspended?" for enrolling. Roll call resulted as follows:

The Senate advanced to the Tenth Order of Business. AYES–Agenbroad, Anthon, Bair, Bayer, Burgoyne, Burtenshaw, Cheatham, Crabtree, Den Hartog, Erickson (Hill), Grow, Guthrie, Harris, Jordan, Lakey, Lee, Lent, Lodge, Martin, Motions and Resolutions McCoy (Buckner-Webb), Mortimer, Mosman (Johnson), Nelson, Nye, Oppenheimer (Ward-Engelking), Patrick, Rice, Stennett, The President announced that the House amendments to Vick, Walton (Thayn), Winder. Total - 31. S 1205, as amended in the House, were before the Senate for consideration as to possible concurrence, the question being, NAYS–None. "Shall the Senate concur in the House amendments to S 1205, as amended in the House?" Absent and excused–Brackett, Heider, Souza, Woodward. Total - 4. On motion by Senator Lakey, seconded by Senator Den Hartog, that the Senate not concur in the House Total - 35. amendments to S 1205, as amended in the House. More than two-thirds having voted in the affirmative, the Roll call vote was requested by Senator Rice. Senators President declared the rules suspended. Anthon, Burgoyne, Den Hartog, Lakey, and Winder stood in S 1214 was read the third time at length, section by section, support. and placed before the Senate for final consideration. Senator Roll call resulted as follows: Agenbroad arose as sponsor of the bill and opened the debate. The question being, "Shall the bill pass?" AYES–Agenbroad, Anthon, Bair, Bayer, Burgoyne, Burtenshaw, Cheatham, Crabtree, Den Hartog, Erickson (Hill), Roll call resulted as follows: Grow, Guthrie, Harris, Jordan, Lakey, Lee, Lent, Lodge, Martin, AYES–Agenbroad, Anthon, Bair, Bayer, Burtenshaw, McCoy (Buckner-Webb), Mortimer, Mosman (Johnson), Nelson, Cheatham, Crabtree, Den Hartog, Erickson (Hill), Grow, Harris, Nye, Oppenheimer (Ward-Engelking), Patrick, Rice, Stennett, Lakey, Lee, Lent, Lodge, Mortimer, Patrick, Rice, Vick, Walton Vick, Walton (Thayn), Winder. Total - 31. (Thayn), Winder. Total - 21. NAYS–None. NAYS–Burgoyne, Guthrie, Jordan, Martin, McCoy Absent and excused–Brackett, Heider, Souza, Woodward. (Buckner-Webb), Mosman (Johnson), Nelson, Nye, Oppenheimer Total - 4. (Ward-Engelking), Stennett. Total - 10. Total - 35. Absent and excused–Brackett, Heider, Souza, Woodward. Total - 4. Whereupon the president declared the motion to not concur with the House amendments to S 1205, as amended in the House, Total - 35. prevailed. Whereupon the President declared S 1214 passed, title was S 1205, as amended in the House, was filed in the Office of approved, and the bill ordered transmitted to the House. the Secretary of the Senate. On request by Senator Winder, granted by unanimous The Senate advanced to the Eleventh Order of Business. consent, the Senate returned to the Sixth Order of Business. 296 SENATE JOURNAL April 10, 2019]

Reports of Standing Committees April 10, 2019 The JUDICIARY AND RULES Committee reports that Enrolled S 1173 and S 1171 were delivered to the Office of the Governor at 2:17 p.m., April 10, 2019. LAKEY, Chairman The report was ordered filed in the office of the Secretary of the Senate. 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 Stennett, by voice vote, the Senate adjourned at 4:20 p.m. until the hour of 10 a.m., Thursday, April 11, 2019. JANICE MCGEACHIN, President Attest: JENNIFER NOVAK, Secretary [April 11, 2019 SENATE JOURNAL 297

SENATE JOURNAL Senator, District 29, State of Idaho, has nominated Eva Nye of Pocatello, Idaho, to perform the duties of this office temporarily OF THE as Acting State Senator, District 29. NOW, THEREFORE, I, Brad Little, Governor of the State of IDAHO LEGISLATURE Idaho, by virtue of the authority vested in me do hereby appoint Eva Nye to the office of State Senator, District 29, State of Idaho, FIRST REGULAR SESSION for a term commencing on April 11, 2019, and will expire April SIXTY-FIFTH LEGISLATURE 16, 2019. IN TESTIMONY WHEREOF, I have hereunto set my hand and caused to be affixed the Great Seal of the State of Idaho. Done at Boise, the Capital of Idaho, this Tenth day of April, NINETY-FIFTH LEGISLATIVE DAY in the year of our Lord two thousand and nineteen and of the THURSDAY, APRIL 11, 2019 Independence of the United States of America, the two hundred and forty-third year. Senate Chamber /s/ BY THE GOVERNOR BRAD LITTLE /s/ SECRETARY OF STATE LAWERENCE DENNEY President McGeachin called the Senate to order at 10 a.m. The correspondence and Certificate of Appointment were Roll call showed all members present except Senators ordered filed in the office of the Secretary of the Senate. Nelson, Nye, and Souza, absent and formally excused by the Chair; and Senators Heider, Stennett, and Woodward, and Acting The President announced that the Oath of Office had been Senator Erickson, absent and excused. administered previously to Acting Senator Nye, and she was recorded present at this order of business. Prayer was offered by Chaplain Montie Ralstin. The Pledge of Allegiance was led by Alex Knowlton, Page. On request by Senator Winder, granted by unanimous consent, the Senate advanced to the Eleventh Order of Business. The Senate advanced to the Third Order of Business. Reading and Correction of the Journal Introduction, First Reading, and Reference of Bills, House Petitions, Resolutions, and Memorials The JUDICIARY AND RULES Committee reports that the Senate Journal of the proceedings of April 10, 2019, was read and S 1215 approved as corrected. BY JUDICIARY AND RULES COMMITTEE LAKEY, Chairman AN ACT RELATING TO ADMINISTRATIVE RULES; CONTINUING There being no objection, the report was adopted and ordered CERTAIN RULES IN FULL FORCE AND EFFECT UNTIL filed in the office of the Secretary of the Senate. JULY 1, 2020; CONTINUING RULES APPROVED OR On request by Senator Winder, granted by unanimous EXTENDED BY ADOPTION OF A CONCURRENT consent, the Senate advanced to the Eighth Order of Business. RESOLUTION OF THE FIRST REGULAR SESSION OF THE SIXTY-FIFTH IDAHO LEGISLATURE IN FULL FORCE Messages from the Governor AND EFFECT UNTIL JULY 1, 2020, OR UNTIL SUCH TIME AS THEY SHALL EXPIRE; PROVIDING THAT RULES April 10, 2019 REJECTED BY CONCURRENT RESOLUTION SHALL The Honorable Janice McGeachin BE NULL, VOID, AND OF NO FORCE AND EFFECT; President of the Senate AUTHORIZING AGENCIES TO AMEND OR REPEAL Idaho Legislature CERTAIN RULES PURSUANT TO THE ADMINISTRATIVE PROCEDURE ACT, AND DECLARING THE EFFECT OF Dear Madam President: THIS ACT UPON ADMINISTRATIVE RULES; PROVIDING I have the honor to inform you that I have appointed Eva Nye SEVERABILITY; AND PROVIDING AN EFFECTIVE DATE. of Pocatello, Idaho, to be Acting State Senator for Legislative S 1215 was introduced, read the first time at length, and District 29, State of Idaho. referred to the Judiciary and Rules Committee for printing. This appointment is effective April 11, 2019, and will April 16, 2019. On request by Senator Winder, granted by unanimous Sincerely, consent, the Senate returned to the Sixth Order of Business. /s/ Brad Little Reports of Standing Committees Governor April 11, 2019 THE OFFICE OF THE GOVERNOR EXECUTIVE DEPARTMENT The JUDICIARY AND RULES Committee reports that BOISE, IDAHO S 1215 has been correctly printed. CERTIFICATE OF APPOINTMENT LAKEY, Chairman KNOW ALL MEN, by these Presents, that pursuant to the provisions of Section 59-917, Idaho Code, Mark Nye, State S 1215 was referred to the Judiciary and Rules Committee. 298 SENATE JOURNAL April 11, 2019]

April 11, 2019 Oppenheimer (Ward-Engelking), Patrick, Rice, Vick, Walton (Thayn), Winder. Total - 28. The JUDICIARY AND RULES Committee reports that S 1072 has been correctly enrolled. NAYS–None. LAKEY, Chairman Absent and excused–Erickson (Hill), Heider, Lent, Nelson, Souza, Stennett, Woodward. Total - 7. The President signed Enrolled S 1072 and ordered it transmitted to the House for the signature of the Speaker. Total - 35. April 10, 2019 Whereupon the President declared H 297 passed, title was approved, and the bill ordered returned to the House. The FINANCE Committee reports out H 297 with the recommendation that it do pass. The Senate advanced to the Thirteenth Order of Business. BAIR, Chairman Third Reading of Bills H 297 was filed for second reading. S 1210 was read the third time at length, section by section, and placed before the Senate for final consideration. Senator Bair April 11, 2019 arose as sponsor of the bill and opened the debate. The question The JUDICIARY AND RULES Committee reports out being, "Shall the bill pass?" S 1215 with the recommendation that it do pass. Roll call resulted as follows: LAKEY, Chairman AYES–Agenbroad, Anthon, Bair, Burtenshaw, Cheatham, S 1215 was filed for second reading. Grow, Lakey, Mortimer, Rice, Souza, Winder. Total - 11. On request by Senator Winder, granted by unanimous NAYS–Bayer, Brackett, Burgoyne, Crabtree, Den consent, the Senate advanced to the Twelfth Order of Business. Hartog, Guthrie, Harris, Jordan, Lee, Lodge, Martin, McCoy (Buckner-Webb), Mosman (Johnson), Nye (Nye), Oppenheimer Second Reading of Bills (Ward-Engelking), Patrick, Stennett, Vick, Walton (Thayn). Total - 19. Motion to Suspend Rules Absent and excused–Erickson (Hill), Heider, Lent, Nelson, Moved by Senator Winder, seconded by Senator Jordan, that Woodward. Total - 5. all rules of the Senate interfering with the immediate passage of H 297 be suspended; that the portions of Section 15, Article 3, Paired and voting included in roll call: of the Constitution of the State of Idaho requiring all bills to be AYE - Souza NAY - Crabtree read on three several days be dispensed with, this being a case of AYE - Agenbroad NAY - Stennett urgency, and that H 297 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?" Whereupon the President declared that S 1210 had failed Roll call resulted as follows: to pass the Senate and ordered the bill filed in the office of the AYES–Agenbroad, Anthon, Bair, Bayer, Brackett, Secretary of the Senate. Burgoyne, Burtenshaw, Cheatham, Crabtree, Den Hartog, Grow, On request by Senator Bair, granted by unanimous consent, Guthrie, Harris, Jordan, Lakey, Lee, Lodge, Martin, McCoy S 1211 was referred to the Finance Committee. (Buckner-Webb), Mortimer, Mosman (Johnson), Nye (Nye), Oppenheimer (Ward-Engelking), Patrick, Rice, Vick, Walton S 1212 was read the third time at length, section by section, (Thayn), Winder. Total - 28. and placed before the Senate for final consideration. Senator Bair arose as sponsor of the bill and opened the debate. The question NAYS–None. being, "Shall the bill pass?" Absent and excused–Erickson (Hill), Heider, Lent, Nelson, Roll call resulted as follows: Souza, Stennett, Woodward. Total - 7. AYES–Agenbroad, Anthon, Bair, Burtenshaw, Den Hartog, Total - 35. Grow, Lakey, Lee, Lodge, Mortimer, Patrick, Rice. Total - 12. More than two-thirds having voted in the affirmative, the NAYS–Bayer, Brackett, Burgoyne, Cheatham, Crabtree, President declared the rules suspended. Guthrie, Harris, Jordan, Martin, McCoy (Buckner-Webb), H 297 was read the third time at length, section by section, Mosman (Johnson), Nelson, Nye (Nye), Oppenheimer and placed before the Senate for final consideration. Senator (Ward-Engelking), Stennett, Vick, Walton (Thayn), Winder. Grow arose as sponsor of the bill and opened the debate. The Total - 18. question being, "Shall the bill pass?" Absent and excused–Erickson (Hill), Heider, Lent, Souza, Roll call resulted as follows: Woodward. Total - 5. AYES–Agenbroad, Anthon, Bair, Bayer, Brackett, Paired and voting included in roll call: Burgoyne, Burtenshaw, Cheatham, Crabtree, Den Hartog, Grow, AYE - Lakey NAY - Nelson Guthrie, Harris, Jordan, Lakey, Lee, Lodge, Martin, McCoy (Buckner-Webb), Mortimer, Mosman (Johnson), Nye (Nye), Total - 35. [April 11, 2019 SENATE JOURNAL 299

Whereupon the President declared that S 1212 had failed Petitions, Resolutions, and Memorials to pass the Senate and ordered the bill filed in the office of the Secretary of the Senate. On motion by Senator Winder, seconded by Senator Stennett, by voice vote the Senate recessed at 12:40 p.m. until the hour of On request by Senator Winder, granted by unanimous 2 p.m. of this day. consent, the Senate returned to the Twelfth Order of Business. RECESS AFTERNOON SESSION Second Reading of Bills The Senate reconvened at 2 p.m., pursuant to recess, Motion to Suspend Rules President McGeachin presiding. Moved by Senator Winder, seconded by Senator Stennett, Roll call showed all members present except Senators that all rules of the Senate interfering with the immediate passage Brackett, Lent, Nelson, Souza, and Woodward, and Acting of S 1215 be suspended; that the portions of Section 15, Article Senator Erickson, absent and excused. 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 Prior to recess the Senate was at the Fifth Order of Business, urgency, and that S 1215 be read the second time by title and the Petitions, Resolutions, and Memorials. third time at length, section by section, and be put upon its final passage. The question being, "Shall the rules be suspended?" On request by Senator Winder, granted by unanimous consent, the Senate advanced to the Ninth Order of Business. Roll call resulted as follows: Messages from the House AYES–Agenbroad, Anthon, Bair, Bayer, Brackett, Burgoyne, Burtenshaw, Cheatham, Crabtree, Den Hartog, Grow, April 11, 2019 Guthrie, Harris, Jordan, Lakey, Lee, Lodge, Martin, McCoy (Buckner-Webb), Mortimer, Mosman (Johnson), Nye (Nye), Dear Madam President: Oppenheimer (Ward-Engelking), Patrick, Rice, Stennett, Vick, Walton (Thayn), Winder. Total - 29. I return herewith S 1214, which has passed the House. NAYS–None. MAULIN, Chief Clerk Absent and excused–Erickson (Hill), Heider, Lent, Nelson, S 1214 was referred to the Judiciary and Rules Committee Souza, Woodward. Total - 6. for enrolling. Total - 35. April 11, 2019 More than two-thirds having voted in the affirmative, the Dear Madam President: President declared the rules suspended. I return herewith Enrolled S 1072, which has been signed by S 1215 was read the third time at length, section by section, the Speaker. and placed before the Senate for final consideration. Senator Lakey arose as sponsor of the bill and opened the debate. The MAULIN, Chief Clerk question being, "Shall the bill pass?" Enrolled S 1072 was referred to the Judiciary and Rules Roll call resulted as follows: Committee for transmittal to the Office of the Governor. AYES–Agenbroad, Anthon, Bair, Bayer, Brackett, Burgoyne, Burtenshaw, Cheatham, Crabtree, Den Hartog, Grow, Guthrie, Senator Brackett was recorded present at this order of Harris, Heider, Jordan, Lakey, Lee, Lodge, Martin, McCoy business. (Buckner-Webb), Mortimer, Mosman (Johnson), Nye (Nye), On request by Senator Winder, granted by unanimous Oppenheimer (Ward-Engelking), Patrick, Rice, Stennett, Vick, consent, the Senate returned to the Sixth Order of Business. Walton (Thayn), Winder. Total - 30. Reports of Standing Committees NAYS–None. Absent and excused–Erickson (Hill), Lent, Nelson, Souza, April 11, 2019 Woodward. Total - 5. The JUDICIARY AND RULES Committee reports that Total - 35. S 1214 has been correctly enrolled. Whereupon the President declared S 1215 passed, title was LAKEY, Chairman approved, and the bill ordered transmitted to the House. The President signed Enrolled S 1214 and ordered it transmitted to the House for the signature of the Speaker. On request by Senator Winder, granted by unanimous consent, the Senate returned to the Fourth Order of Business. April 11, 2019 The JUDICIARY AND RULES Committee reports that Reading of Communications Enrolled S 1072 was delivered to the Office of the Governor at 2:20 p.m., April 11, 2019. On request by Senator Winder, granted by unanimous consent, the Senate advanced to the Fifth Order of Business. LAKEY, Chairman 300 SENATE JOURNAL April 11, 2019]

The report was ordered filed in the office of the Secretary of On request by Senator Winder, granted by unanimous the Senate. consent, the Senate advanced to the Tenth Order of Business. On request by Senator Winder, granted by unanimous Motions and Resolutions consent, the Senate advanced to the Tenth Order of Business. On request by Senator Winder, granted by unanimous Motions and Resolutions consent, the President appointed a committee consisting of Senator Patrick, Chairman, and Senators Bayer and Burgoyne On request by Senator Winder, granted by unanimous to notify the House of Representatives that the Senate had consent, the Senate returned to the Eighth Order of Business. completed its business and was ready to adjourn Sine Die. The Messages from the Governor committee was excused. April 11, 2019 On request by Senator Winder, granted by unanimous consent, the President appointed a committee consisting of The Honorable Janice McGeachin Senator Mortimer, Chairman, and Senators Burtenshaw and President of the Senate Jordan to notify the Governor that the Senate had completed its Idaho Legislature business and was ready to adjourn Sine Die. The committee was excused. Dear Madam President: The committee appointed to wait upon the House of I have the honor to inform you that I have signed today and Representatives returned and reported that it had delivered am transmitting to the Secretary of State the following Senate the Senate's message. The committee conveyed the Speaker's Bills, to wit: response to the President and the members of the Senate. S 1171 and S 1173 The President thanked and discharged the committee. Sincerely, The committee appointed to wait upon the Governor returned /s/ Brad Little and reported that it had delivered the Senate's message. The Governor of Idaho committee conveyed the Governor's response to the President The correspondence was ordered filed in the office of the and the members of the Senate. Secretary of the Senate. The President thanked and discharged the committee. The Senate advanced to the Ninth Order of Business. On request by Senator Winder, granted by unanimous Messages from the House consent, the Senate advanced to the Fifteenth Order of Business. April 11, 2019 Miscellaneous Business Dear Madam President: On motion by Senator Winder, seconded by Senator Jordan, by voice vote the First Regular Session of the Sixty-fifth I transmit herewith Enrolled H 297 for the signature of the Legislature of the Idaho Senate adjourned Sine Die at 4:20 p.m., President. Thursday, April 11, 2019. MAULIN, Chief Clerk JANICE MCGEACHIN, President The President signed Enrolled H 297 and ordered it returned Attest: JENNIFER NOVAK, Secretary to the House. April 11, 2019 ***** Dear Madam President: I return herewith Enrolled S 1214, which has been signed by [Note: The following is action recorded after Senate Sine Die:] the Speaker. MAULIN, Chief Clerk April 12, 2019 Enrolled S 1214 was referred to the Judiciary and Rules The Honorable Janice McGeachin Committee for transmittal to the Office of the Governor. President of the Senate Idaho Legislature On request by Senator Winder, granted by unanimous consent, the Senate returned to the Sixth Order of Business. Dear Madam President: Reports of Standing Committees I have the honor to inform you that I have signed today and am transmitting to the Secretary of State the following Senate April 11, 2019 Bills, to wit: The JUDICIARY AND RULES Committee reports that S 1072 and S 1214 Enrolled S 1214 was delivered to the Office of the Governor at 4:05 p.m., April 11, 2019. Sincerely, /s/ Brad Little LAKEY, Chairman Governor of Idaho The report was ordered filed in the office of the Secretary of The correspondence was ordered filed in the office of the the Senate. Secretary of the Senate. [April 11, 2019 SENATE JOURNAL 301

CERTIFICATE

State of Idaho ) ) Senate Chamber, Boise, Idaho )

We, JANICE MCGEACHIN, 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 April 11th, 2019, the Ninety-fifth 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 15th day of April, 2019. JANICE MCGEACHIN, President Attest: JENNIFER NOVAK, Secretary

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