Final Journal

JOURNAL

of the HOUSE OF REPRESENTATIVES

ORGANIZATIONAL SESSION and FIRST REGULAR SESSION

of the SIXTY-FIRST LEGISLATURE

of the STATE OF IDAHO 2011

JOURNAL

of the HOUSE OF REPRESENTATIVES

STATE OF IDAHO 2011

TABLE OF CONTENTS

SIXTY-FIRST IDAHO LEGISLATURE FIRST REGULAR SESSION - 2011

Page

HOUSE OFFICERS AND ADMINISTRATION...... iv

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

HOUSE STANDING COMMITTEES ...... ix

HOUSE ATTACHES...... xi

ORGANIZATIONAL SESSION - December 2, 2010...... 1

HOUSE JOURNAL - January 10 through April 7, 2011 ...... 5

INDEXES

SPECIAL PROCEDURE INDEX...... 321

BILL INDEX

House Bills ...... 324

House Concurrent Resolutions ...... 337

House Joint Memorials...... 338

House Joint Resolutions...... 338

House Resolutions ...... 338

House Proclamations ...... 338

Senate Bills Received by the House of Representatives ...... 339

Senate Concurrent Resolutions Received by the House of Representatives ...... 345

Senate Joint Memorials Received by the House of Representatives ...... 345

LAW INDEX - House Bills which Became Law ...... 346

VETO INDEX - House Bills Vetoed by the Governor...... 354

iii HOUSE OFFICERS 2011

LAWERENCE DENNEY Speaker of the House

MIKE MOYLE JOHN RUSCHE Majority Leader Minority Leader

SCOTT BEDKE ELFREDA HIGGINS Assistant Majority Leader Assistant Minority Leader

KEN A. ROBERTS BRIAN CRONIN Majority Caucus Chair Minority Caucus Chair

HOUSE ADMINISTRATION 2011

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

DEBBIE HOPKINS ...... Assistant Chief Clerk

SUE FRIEDERS ...... Assistant to the Speaker

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

CHRIS TAYLOR ...... Journal Clerk

LESLIE SHEEDY ...... Journal Clerk

CLAUDIA HOWELL ...... Sergeant at Arms

NIKKI KARPAVICH ...... Minority Chief of Staff

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

TOM DOUGHERTY ...... Chaplain

iv HOUSE MEMBERS AND COMMITTEE ASSIGNMENTS 2011

ANDERSON, ERIC R...... District 1 Environment, Energy, and Technology, State Affairs

ANDRUS, KEN...... District 29 Agricultural Affairs - Vice Chair, Resources and Conservation, State Affairs

BARBIERI, VITO ...... District 3 Business, Local Government, Revenue and Taxation

BARRETT, LENORE HARDY...... District 35 Local Government - Chair, Resources and Conservation, Revenue and Taxation

BATEMAN, LINDEN B...... District 33 Education, Judiciary, Rules, and Administration, Transportation and Defense

BAYER, CLIFFORD R...... District 21 Business, Local Government, Revenue and Taxation

BEDKE, SCOTT...... District 27 Assistant Majority Leader Resources and Conservation, Revenue and Taxation, Transportation and Defense, Ways and Means

BELL, MAXINE T...... District 26 Appropriations - Chair

BILBAO, CARLOS ...... District 11 Health and Welfare - Vice Chair, Business, State Affairs

BLACK, MAX C...... District 15 Business - Chair, State Affairs

BLOCK, SHARON L...... District 24 Commerce and Human Resources - Chair, Education, Environment, Energy, and Technology

BOLZ, DARRELL...... District 10 Appropriations - Vice Chair, Agricultural Affairs, Judiciary, Rules, and Administration

BOYLE, JUDY...... District 9 Agricultural Affairs, Education, Resources and Conservation

BUCKNER-WEBB, CHERIE ...... District 19 Local Government, State Affairs

BURGOYNE, GRANT...... District 16 Judiciary, Rules, and Administration, Revenue and Taxation

CHADDERDON, MARGE...... District 4 Business, Education, Local Government

CHEW, SUSAN B...... District 17 Education, Health and Welfare

COLLINS, GARY E...... District 12 Revenue and Taxation - Vice Chair, Business, Local Government

CRANE, BRENT J...... District 13 State Affairs - Vice Chair, Business

CRONIN, BRIAN ...... District 19 Minority Caucus Chair Business, Education, Environment, Energy, and Technology, Ways and Means

v HOUSE MEMBERS AND COMMITTEE ASSIGNMENTS 2011

DEMORDAUNT, REED...... District 14 Business, Education, Environment, Energy, and Technology

DENNEY, LAWERENCE...... District 9 Speaker of the House

ELLSWORTH, JULIE...... District 18 Judiciary, Rules, and Administration, Revenue and Taxation, Transportation and Defense

ESKRIDGE, GEORGE E...... District 1 Appropriations, Environment, Energy, and Technology, Resources and Conservation

GIBBS, MARC...... District 31 Environment, Energy, and Technology, Resources and Conservation, Revenue and Taxation

GUTHRIE, JIM ...... District 29 Business, Health and Welfare, State Affairs

HAGEDORN, MARV ...... District 20 Appropriations, Resources and Conservation, Transportation and Defense

HART, PHIL ...... District 3 Transportation and Defense - Vice Chair, Judiciary, Rules, and Administration

HARTGEN, STEPHEN...... District 23 Commerce and Human Resources - Vice Chair, Education, Environment, Energy, and Technology

HARWOOD, R. J...... District 2 Environment, Energy, and Technology - Vice Chair, Resources and Conservation, Revenue and Taxation

HENDERSON, FRANK N...... District 5 Business - Vice Chair, State Affairs, Transportation and Defense

HIGGINS, ELFREDA...... District 16 Assistant Minority Leader Local Government, Resources and Conservation, State Affairs, Ways and Means

JAQUET, WENDY ...... District 25 Appropriations, Environment, Energy, and Technology, Judiciary, Rules, and Administration

KILLEN, WILLIAM M...... District 17 Judiciary, Rules, and Administration, Revenue and Taxation, Transportation and Defense

KING, PHYLIS K...... District 18 Commerce and Human Resources, State Affairs, Transportation and Defense

LACEY, ROY...... District 30 Agricultural Affairs, Resources and Conservation

LAKE, DENNIS M...... District 28 Revenue and Taxation - Chair, Agricultural Affairs, Commerce and Human Resources

LOERTSCHER, THOMAS F...... District 31 State Affairs - Chair, Commerce and Human Resources, Health and Welfare

LUKER, LYNN M...... District 15 Judiciary, Rules, and Administration - Vice Chair, Local Government, State Affairs

MARRIOTT, JIM...... District 28 Local Government - Vice Chair, Commerce and Human Resources, Education

MCGEACHIN, JANICE K...... District 32 Health and Welfare - Chair, State Affairs

vi HOUSE MEMBERS AND COMMITTEE ASSIGNMENTS 2011

MCMILLAN, SHANNON ...... District 2 Agricultural Affairs, Judiciary, Rules, and Administration

MOYLE, MIKE ...... District 14 Majority Leader Resources and Conservation, Revenue and Taxation, Ways and Means

NESSET, JEFF...... District 7 Commerce and Human Resources, Education, Transportation and Defense

NIELSEN, PETE ...... District 22 Education, Environment, Energy, and Technology, Judiciary, Rules, and Administration

NONINI, BOB...... District 5 Education - Chair, Transportation and Defense

PALMER, JOE ...... District 20 Business, State Affairs, Transportation and Defense

PATRICK, JIM ...... District 23 Agricultural Affairs, Appropriations, Business

PENCE, DONNA ...... District 25 Agricultural Affairs, Education, Resources and Conservation

PERRY, CHRISTY...... District 13 Judiciary, Rules, and Administration, Local Government

RAYBOULD, DELL...... District 34 Environment, Energy, and Technology - Chair, Resources and Conservation, Revenue and Taxation

RINGO, SHIRLEY G...... District 6 Appropriations, Commerce and Human Resources, Transportation and Defense

ROBERTS, KEN A...... District 8 Majority Caucus Chair Health and Welfare, Revenue and Taxation, Ways and Means

RUSCHE, JOHN...... District 7 Minority Leader Business, Health and Welfare, Revenue and Taxation, Ways and Means

SCHAEFER, ROBERT E...... District 12 Environment, Energy, and Technology, Revenue and Taxation

SHEPHERD, PAUL E...... District 8 Resources and Conservation - Vice Chair, Education, Health and Welfare

SHIRLEY, MACK G...... District 34 Education - Vice Chair, Agricultural Affairs, Judiciary, Rules, and Administration

SIMPSON, ERIK...... District 32 Commerce and Human Resources, Environment, Energy, and Technology, State Affairs

SIMS, KATHLEEN ...... District 4 Judiciary, Rules, and Administration, Local Government, State Affairs

SMITH, ELAINE...... District 30 Business, Environment, Energy, and Technology, State Affairs

SMITH, LEON E...... District 24 Transportation and Defense - Chair, Judiciary, Rules, and Administration, Revenue and Taxation

vii HOUSE MEMBERS AND COMMITTEE ASSIGNMENTS 2011

STEVENSON, JOHN A...... District 26 Resources and Conservation - Chair, Agricultural Affairs, State Affairs

TAKASUGI, PAT...... District 10 Agricultural Affairs, Business, State Affairs

THAYN, STEVEN P...... District 11 Commerce and Human Resources, Education, Health and Welfare

THOMPSON, JEFF ...... District 33 Appropriations, Business, Environment, Energy, and Technology

TRAIL, TOM ...... District 6 Agricultural Affairs - Chair, Commerce and Human Resources, Education

VANDER WOUDE, JOHN...... District 21 Appropriations, Environment, Energy, and Technology, Resources and Conservation

WILLS, RICHARD ...... District 22 Judiciary, Rules, and Administration - Chair, Education, Transportation and Defense

WOOD, FRED ...... District 27 Appropriations, Health and Welfare, Resources and Conservation

WOOD, JOAN E...... District 35 Ways and Means - Chair, Resources and Conservation, Revenue and Taxation, Transportation and Defense

viii HOUSE STANDING COMMITTEES

Agricultural Affairs (12) Education (18)

Trail, Chairman Nonini, Chairman Andrus, Vice Chairman Shirley, Vice Chairman Lake Pence Trail Pence Stevenson Lacey Block Chew Bolz Nielsen Cronin Shirley Chadderdon Patrick Shepherd(8) Wills Boyle Marriott McMillan Thayn Takasugi Hartgen Bateman Boyle DeMordaunt Nesset Appropriations (10)

Bell, Chairman Environment, Energy, and Technology (16) Bolz, Vice Chairman Eskridge Ringo Wood(27) Jaquet Raybould, Chairman Patrick Harwood, Vice Chairman Hagedorn Anderson Smith(30) Thompson Eskridge Jaquet Hartgen Cronin Vander Woude Simpson Schaefer Vander Woude Block Business (17) DeMordaunt Gibbs Black, Chairman Nielsen Henderson, Vice Chairman Thompson Collins Smith(30) Bilbao Rusche Chadderdon Cronin Health and Welfare (10) Crane McGeachin, Chairman Patrick Bilbao, Vice Chairman Bayer Loertscher Rusche Palmer Shepherd(8) Chew Thompson Thayn Barbieri Wood(27) DeMordaunt Guthrie Guthrie Roberts Takasugi Judiciary, Rules, and Administration (15)

Wills, Chairman Commerce and Human Resources (11) Luker, Vice Chairman Smith(24) Burgoyne Block, Chairman Nielsen Jaquet Hartgen, Vice Chairman Shirley Killen Lake Ringo Hart Trail King Bolz Marriott Ellsworth Thayn Bateman Simpson McMillan Perry Loertscher Sims Nesset

ix HOUSE STANDING COMMITTEES

Local Government (11) State Affairs (19)

Barrett, Chairman Loertscher, Chairman Marriott, Vice Chairman Crane, Vice Chairman Collins Higgins Stevenson Smith(30) Bayer Buckner-Webb Black King Chadderdon Anderson Higgins Barbieri Andrus Buckner-Webb Luker Bilbao Perry Luker Sims Palmer Simpson Guthrie Henderson McGeachin Resources and Conservation (18) Sims Takasugi Stevenson, Chairman Shepherd(8), Vice Chairman Transportation and Defense (15) Wood(35) Pence Smith(24), Chairman Barrett Higgins Hart, Vice Chairman Moyle Lacey Wood(35) Ringo Eskridge Bedke King Raybould Wills Killen Bedke Nonini Andrus Hagedorn Wood(27) Palmer Boyle Bateman Hagedorn Ellsworth Harwood Henderson Vander Woude Nesset Gibbs Ways and Means (7)

Wood(35), Chairman Moyle Rusche Revenue and Taxation (18) Bedke Higgins Roberts Cronin Lake, Chairman Collins, Vice Chairman Barrett Killen Moyle Burgoyne Raybould Rusche Roberts Schaefer Smith(24) Wood(35) Bedke Harwood Barbieri Bayer Ellsworth Gibbs

x HOUSE ATTACHES 2011

ALEXANDER, BONNIE...... **Chief Clerk of the House BEAN, BEV ...... Secretary to Revenue and Taxation Committee DOHERTY, SHEILA...... Secretary to Transportation and Defense Committee DOUGHERTY, TOM ...... Chaplain DOWNS, CATHY ...... Minority Leadership Secretary FILER, JANA...... Secretary to Environment, Energy, and Technology Committee FRANKS-SMITH, TERRI ...... **Chief Fiscal Officer FRIEDERS, SUE...... **Assistant to the Speaker HENDRICK, SARAH ...... Secretary to Ways and Means Committee HOHL, SHANNON...... Minority Leadership Secretary HOPKINS, DEBBIE...... Assistant Chief Clerk HOWELL, CLAUDIA ...... Sergeant at Arms JENSEN-PORTER, KIMBERLY...... Secretary KARPAVICH, NIKKI...... Minority Chief of Staff LUNA, CAMILLE ...... Secretary to State Affairs Committee MESSA, AMBER...... Secretary to Education Committee MOLITOR, MARYLOU ...... Secretary to Business Committee MOORE, IRENE ...... Secretary to Health and Welfare Committee SHEEDY, LESLIE...... Journal Clerk STEWART, ROBERT...... Assistant Sergeant at Arms TAYLOR, CHRIS...... Journal Clerk TIPPS, MARY ...... Secretary to Commerce and Human Resources Committee TIPPS, MARY ...... Secretary to Local Government Committee TOLLEY, DIANE...... Secretary to Agricultural Affairs Committee VANCE, JEAN ...... Secretary to Judiciary, Rules, and Administration Committee WERLINGER, SUSAN...... Secretary to Resources and Conservation Committee YOST, KATHRYN ...... Secretary to Appropriations Committee ** Permanent Employees HOUSE PAGES:

BARRON, NAYAR HARRIS, ELIZABETH SCHMIDT, ROB BENJAMIN, SAIGE JENSEN, HEIDI SMITH, BRADY BEST, ISAAC LAKE, SAGE SMITH, EDWARD COAD, HANNAH JOY MINGUS, MORGAN THIEL, EMILY COLE, KAMI PANTONE, CARA VESELKA, M. J. DUENAS, TRENT PECK, ALEXANDRA WALTERS, JENEE FUDGE, JAKOUB RAINS, TODD

xi xii [December 2, 2010 HOUSE JOURNAL 1

26 ...... John A. "Bert" Stevenson (R), Maxine T. Bell (R) HOUSE JOURNAL 27 ...... Scott Bedke (R), Fred Wood (R) OF THE 28 ...... Dennis M. Lake (R), Jim Marriott (R) 29 ...... Ken Andrus (R), Jim Guthrie (R) 30 ...... Roy Lacey (D), Elaine Smith (D) IDAHO LEGISLATURE 31 ...... Marc Gibbs (R), Thomas F. Loertscher (R) ORGANIZATIONAL SESSION 32 ...... Janice K. McGeachin (R), Erik Simpson (R) SIXTY-FIRST LEGISLATURE 33 ...... Jeff Thompson (R), Linden B. Bateman (R) 34 ...... Mack G. Shirley (R), Dell Raybould (R) 35 ...... JoAn E. Wood (R), Lenore Hardy Barrett (R)

IN TESTIMONY WHEREOF, I have hereunto set my hand FIRST ORGANIZATIONAL DAY and affixed the Great Seal of the State of Idaho. Done at Boise, the THURSDAY, DECEMBER 2, 2010 Capital of Idaho, this Seventeenth day of November, in the year of our Lord, Two Thousand and Ten, and of the Independence of the United States of America, the Two Hundred and Thirty-fifth. House of Representatives /s/ Ben T. Ysursa At the hour of 9 a.m., on Thursday, December 2, 2010, the Secretary of State members-elect of the House of Representatives convened in the House Chamber of the Capitol Building in the City of Boise, The Certificate of Election was ordered filed in the office of with the Honorable Lawerence Denney, Speaker of the House of the Chief Clerk. the Sixtieth Legislature presiding, assisted by Bonnie Alexander, Chief Clerk of the Sixtieth Legislature. Roll call showed all 70 members present.

The Chief Clerk read the official proclamation as follows: At this time, Speaker Denney administered the oath of office to all members-elect. I, Ben T. Ysursa, Secretary of State of the State of Idaho and legal custodian of the records of elections held in the State Prayer was offered by Chaplain Tom Dougherty. of Idaho, do hereby certify that the following is a full, true and The Pledge of Allegiance was led by Chaplain Tom complete list of those elected to serve as members of the House Dougherty. of Representatives of the First Regular Session of the Sixty-first Legislature, as shown by official records on file in my office: There being no objection, the House advanced to the Seventh Order of Business.

DISTRICT NAME Motions, Memorials, and Resolutions 1 ...... Eric R. Anderson (R), George E. Eskridge (R) 2 ...... Shannon McMillan (R), R. J. "Dick" Harwood (R) 3 ...... Vito Barbieri (R), Phil Hart (R) 4 ...... Marge Chadderdon (R), Kathleen Sims (R) At this time, Representative Wood(35) took the Chair. 5 ...... Bob Nonini (R), Frank N. Henderson (R) 6 ...... Tom Trail (R), Shirley G. Ringo (D) Nominations were declared in order for the Speaker of the House. 7 ...... Jeff Nesset (R), John Rusche (D) 8 ...... Ken A. Roberts (R), Paul E. Shepherd (R) Mr. Moyle presented in nomination the name 9 ...... Lawerence Denney (R), Judy Boyle (R) of Mr. Lawerence Denney. Seconded by Mr. Rusche. 10 ...... Pat Takasugi (R), Darrell Bolz (R) 11 ...... Steven P. Thayn (R), Carlos Bilbao (R) Mr. Moyle moved that nominations cease and that a 12 ...... Robert E. Schaefer (R), Gary E. Collins (R) unanimous ballot be cast for Mr. Lawerence Denney. Seconded by Mr. Rusche. 13 ...... Brent J. Crane (R), Christy Perry (R) 14 ...... Mike Moyle (R), Reed DeMordaunt (R) Whereupon Representative Wood(35) declared the motion 15 ...... Lynn M. Luker (R), Max C. Black (R) carried by voice vote and Mr. Lawerence Denney was elected 16 ...... Grant Burgoyne (D), Elfreda Higgins (D) Speaker of the House. 17 ...... William M. "Bill" Killen (D), Susan B. "Sue" Chew (D) 18 ...... Julie Ellsworth (R), Phylis K. King (D) At this time, Mr. Moyle and Mr. Rusche escorted Mr. Denney to the podium where the oath of office was administered to him 19 ...... Cherie Buckner-Webb (D), Brian Cronin (D) by Representative Wood(35). 20 ...... Joe Palmer (R), Marv Hagedorn (R) 21 ...... John Vander Woude (R), Clifford R. Bayer (R) At this time, Speaker Denney took the Chair. 22 ...... Richard "Rich" Wills (R), Pete Nielsen (R) 23 ...... Jim Patrick (R), Stephen Hartgen (R) Mr. Moyle moved that the House adopt as Temporary Rules 24 ...... Leon E. Smith (R), Sharon L. Block (R) and Temporary Joint Rules for the First and Second Sessions of the Sixty-first Legislature, the Rules and Joint Rules as adopted 25 ...... Wendy Jaquet (D), Donna L. Pence (D) by the Sixtieth Legislature. Seconded by Mr. Rusche. 2 HOUSE JOURNAL December 2, 2010]

Whereupon the Speaker declared by voice vote that a BUSINESS (17) majority of the members having voted in the affirmative, the motion carried and the Temporary Rules and Temporary Joint Rules were adopted. Black, Chairman Henderson, Vice Chairman There being no objection, the House advanced to the Thirteenth Order of Business. Miscellaneous and Unfinished Business Collins Smith(30) Bilbao Rusche At this time, the members selected their seats in accordance Chadderdon Cronin with House Rule 67. Crane Mr. Moyle moved that the House recess subject to Call of the Patrick Chair. Seconded by Mr. Rusche. Bayer Palmer Whereupon the Speaker declared the motion carried by voice Thompson vote and the House was recessed subject to Call of the Chair. Barbieri RECESS DeMordaunt Guthrie Prior to recess, the House was at the Thirteenth Order of Takasugi Business. Miscellaneous and Unfinished Business

The following Attache Committee assignment was COMMERCE AND HUMAN RESOURCES (11) announced by the Speaker: Attache Committee Block, Chairman Representative Bell, Chairman Hartgen, Vice Chairman Representative Crane Representative Hagedorn Lake Ringo The following committee assignments were announced by Trail King the Speaker: Marriott Thayn STANDING COMMITTEES OF THE HOUSE Simpson SIXTY-FIRST IDAHO LEGISLATURE Loertscher Nesset AGRICULTURAL AFFAIRS (12)

Trail, Chairman Andrus, Vice Chairman EDUCATION (18) Lake Pence Stevenson Lacey Bolz Nonini, Chairman Shirley Shirley, Vice Chairman Patrick Boyle McMillan Trail Pence Takasugi Block Chew Nielsen Cronin APPROPRIATIONS (10) Chadderdon Shepherd Bell, Chairman Wills Bolz, Vice Chairman Marriott Eskridge Ringo Thayn Wood(27) Jaquet Hartgen Patrick Bateman Hagedorn Boyle Thompson DeMordaunt Vander Woude Nesset [December 2, 2010 HOUSE JOURNAL 3

ENVIRONMENT, ENERGY, AND TECHNOLOGY (16) RESOURCES AND CONSERVATION (18)

Raybould, Chairman Stevenson, Chairman Harwood, Vice Chairman Shepherd, Vice Chairman

Anderson Smith(30) Wood(35) Pence Eskridge Jaquet Barrett Higgins Hartgen Cronin Moyle Lacey Simpson Eskridge Vander Woude Raybould Block Bedke DeMordaunt Andrus Gibbs Wood(27) Nielsen Boyle Schaefer Hagedorn Thompson Harwood Vander Woude Gibbs HEALTH AND WELFARE (10)

McGeachin, Chairman Bilbao, Vice Chairman REVENUE AND TAXATION (18)

Loertscher Rusche Lake, Chairman Shepherd Chew Collins, Vice Chairman Thayn Wood(27) Barrett Killen Guthrie Moyle Burgoyne Roberts Raybould Rusche Roberts Schaefer JUDICIARY, RULES, AND ADMINISTRATION (15) Smith(24) Wood(35) Wills, Chairman Bedke Luker, Vice Chairman Harwood Barbieri Smith(24) Burgoyne Bayer Nielsen Jaquet Ellsworth Shirley Killen Gibbs Hart Bolz Ellsworth Bateman STATE AFFAIRS (19) McMillan Perry Loertscher, Chairman Sims Crane, Vice Chairman

Anderson Smith(30) LOCAL GOVERNMENT (11) Stevenson King Black Higgins Barrett, Chairman Andrus Buckner-Webb Marriott, Vice Chairman Bilbao Luker Collins Higgins Palmer Bayer Buckner-Webb Simpson Chadderdon Guthrie Barbieri Henderson Luker McGeachin Perry Sims Sims Takasugi 4 HOUSE JOURNAL December 2, 2010]

TRANSPORTATION AND DEFENSE (15)

Smith(24), Chairman Hart, Vice Chairman

Wood(35) Ringo Bedke King Wills Killen Nonini Hagedorn Palmer Bateman Ellsworth Henderson Nesset

WAYS AND MEANS (7)

Wood(35), Chairman

Bedke Rusche Moyle Higgins Roberts Cronin

There being no objection, the House advanced to the Sixteenth Order of Business. Adjournment Mr. Moyle moved that the Organizational Session of the Sixty-first Legislature adjourn Sine Die. Seconded by Mr. Rusche. Whereupon the Speaker declared the motion carried and the Organizational Session of the Sixty-first Legislature adjourned Sine Die at 5:37 p.m. LAWERENCE DENNEY, Speaker ATTEST: BONNIE ALEXANDER, Chief Clerk [January 10, 2011 HOUSE JOURNAL 5

HOUSE JOURNAL Done at Boise, the Capital of Idaho, this 23rd day of December, in the year of our Lord two thousand and ten and OF THE of the Independence of the United States of America, the 234th year. IDAHO LEGISLATURE /s/ C.L. "BUTCH" OTTER Governor FIRST REGULAR SESSION /s/ BEN T. YSURSA SIXTY-FIRST LEGISLATURE Secretary of State The Certificate of Appointment was ordered filed in the office of the Chief Clerk. THE OFFICE OF THE GOVERNOR FIRST LEGISLATIVE DAY MONDAY, JANUARY 10, 2011 CERTIFICATE OF APPOINTMENT KNOW ALL MEN, by these present, that pursuant to the House of Representatives provisions of Section 59-917, Idaho Code, Marge Chadderdon, State Representative, District 4, House Seat A, Kootenai County, The House convened at 12 noon, January 10, 2011, the State of Idaho, has nominated, Julie Chadderdon of Coeur time established for the convening of the First Regular Session d'Alene, Idaho, to perform the duties of this office temporarily as of the Sixty-first Leigslature, the members of the House of Acting State Representative, District 4, House Seat A, Kootenai Representatives convened in the House Chamber of the Capitol County, State of Idaho. Building in the City of Boise, with Lawerence Denney, Speaker, presiding. NOW, THEREFORE, I, C.L. "BUTCH" OTTER, Governor of the State of Idaho, by virtue of the authority vested in me Roll call showed all 70 members present. do hereby appoint Julie Chadderdon of Coeur d'Alene, Idaho, to At this time the Speaker put the House at ease for the Flag the office of State Representative, District 4, House Seat A, for Ceremony. a term commencing Monday, January 10, 2011, and continuing until such time as Representative Chadderdon is able to resume Prayer was offered by Chaplain Tom Dougherty. her duties. The Pledge of Allegiance was led by Nayar Barron, Page. IN TESTIMONY WHEREOF, I have hereunto set my hand Approval of Journal and caused to be affixed the Great Seal of the State of Idaho. January 10, 2011 Done at Boise, the Capital of Idaho, this 5th day of January, Mr. Speaker: in the year of our Lord two thousand and eleven and of the We, your COMMITTEE ON JUDICIARY, RULES, AND Independence of the United States of America, the 235th year. ADMINISTRATION, report that we have read and approved the House Journal of the Organizational Day and recommend that /s/ C.L. "BUTCH" OTTER same be adopted as corrected. Governor WILLS, Chairman /s/ BEN T. YSURSA Secretary of State Mr. Wills moved that the report be adopted. Seconded by Mr. Burgoyne. Report adopted. The Certificate of Appointment was ordered filed in the office of the Chief Clerk. Consideration of Messages from the Governor and the Senate THE OFFICE OF THE GOVERNOR THE OFFICE OF THE GOVERNOR CERTIFICATE OF APPOINTMENT CERTIFICATE OF APPOINTMENT KNOW ALL MEN, by these present, that pursuant to the KNOW ALL MEN, by these present, that pursuant to the provisions of Section 59-917, Idaho Code, Shannon McMillan, provisions of Section 59-917, Idaho Code, Pat Takasugi, State State Representative, District 2, House Seat A, Benewah County, Representative, District 10, House Seat A, Canyon County, State of Idaho, has nominated, Carole Harwood of St. Maries, State of Idaho, has nominated, Gayle Batt of Wilder, Idaho, to Idaho, to perform the duties of this office temporarily as Acting perform the duties of this office temporarily as Acting State State Representative, District 2, House Seat A, Benewah County, Representative, District 10, House Seat A, Canyon County, State State of Idaho. of Idaho. NOW, THEREFORE, I, C.L. "BUTCH" OTTER, Governor NOW, THEREFORE, I, C.L. "BUTCH" OTTER, Governor of the State of Idaho, by virtue of the authority vested in me of the State of Idaho, by virtue of the authority vested in me do hereby appoint Carole Harwood of St. Maries, Idaho, to the do hereby appoint Gayle Batt of Wilder, Idaho, to the office office of State Representative, District 2, House Seat A, for a of State Representative, District 10, House Seat A, for a term term commencing Monday, January 10, 2011, and continuing commencing Monday, January 10, 2011, and continuing until until such time as Representative McMillan is able to resume such time as Representative Takasugi is able to resume his duties. her duties. IN TESTIMONY WHEREOF, I have hereunto set my hand IN TESTIMONY WHEREOF, I have hereunto set my hand and caused to be affixed the Great Seal of the State of Idaho. and caused to be affixed the Great Seal of the State of Idaho. 6 HOUSE JOURNAL January 10, 2011]

Done at Boise, the Capital of Idaho, this 10th day of January, Mr. Moyle asked unanimous consent that two committees be in the year of our Lord two thousand and eleven and of the appointed by the Speaker; one to notify the Governor, and one Independence of the United States of America, the 235th year. to notify the Senate that the House is organized and ready to do business. There being no objection, it was so ordered. /s/ C.L. "BUTCH" OTTER Governor The Speaker appointed the following committees to notify /s/ BEN T. YSURSA the Governor and the Senate. Secretary of State Representatives Wood(27), Nielsen, and King were The Certificate of Appointment was ordered filed in the office appointed as the committee to notify the Governor and of the Chief Clerk. Representatives McGeachin, Shepherd, and Chew were appointed as the committee to notify the Senate. The committees The Speaker announced the oath of office had previously were excused. been administered to Gayle Batt, Julie Chadderdon and Carole Harwood. There being no objection, the House returned to the Fifth Order of Business. There being no objection, the House advanced to the Seventh Order of Business. Report of Standing Committees Motions, Memorials, and Resolutions January 10, 2011 Mr. Speaker: HOUSE CONCURRENT RESOLUTION NO. 1 We, your COMMITTEE ON JUDICIARY, RULES, AND BY MOYLE AND RUSCHE ADMINISTRATION, report that we have printed HCR 1. A CONCURRENT RESOLUTION WILLS, Chairman PROVIDING FOR A JOINT SESSION OF THE HOUSE OF REPRESENTATIVES AND THE SENATE OF THE HCR 1 was ordered held at the Desk. FIRST REGULAR SESSION OF THE SIXTY-FIRST IDAHO LEGISLATURE FOR THE PURPOSE OF HEARING A There being no objection, the House advanced to the Seventh MESSAGE FROM THE GOVERNOR. Order of Business. Be It Resolved by the Legislature of the State of Idaho: Motions, Memorials, and Resolutions Mr. Moyle moved that all rules of the House interfering with WHEREAS, the Governor has informed the House the immediate consideration of HCR 1 be suspended; that the of Representatives and the Senate that he desires to portions of Section 15, Article 3 of the Constitution of the State deliver a message to a Joint Session of the House of of Idaho, requiring all bills to be read on three several days be Representatives and the Senate of the First Regular Session of dispensed with, this being a case of urgency; and that HCR 1 be the Sixty-first Idaho Legislature in the Chamber of the House of read the first time by title, second time by title, and third time Representatives at 1 p.m. on Monday, January 10, 2011. at length, and placed before the House for final consideration. NOW, THEREFORE, BE IT RESOLVED by the members Seconded by Mr. Rusche. of the First Regular Session of the Sixty-first Idaho Legislature, the House of Representatives and the Senate concurring therein, The question being, "Shall the rules be suspended?" that the House of Representatives and the Senate meet in Joint Session on Monday, January 10, 2011, at 1 p.m. for the purpose Roll call resulted as follows: of hearing the message from the Governor. AYES – Anderson, Andrus, Barbieri, Barrett, Bateman, Bayer, Bedke, Bell, Bilbao, Black, Block, Bolz, Boyle, HOUSE RESOLUTION NO. 1 Buckner-Webb, Burgoyne, Chadderdon(Chadderdon), Collins, BY MOYLE AND RUSCHE Crane, Cronin, DeMordaunt, Ellsworth, Eskridge, Gibbs, A HOUSE RESOLUTION Guthrie, Hagedorn, Hart, Hartgen, Harwood, Henderson, DETERMINING THE SELECTION AND Higgins, Jaquet, Killen, Lacey, Lake, Loertscher, Luker, Marriott, COMPENSATION OF THE EMPLOYEES OF THE HOUSE McMillan(Harwood), Moyle, Nesset, Nonini, Palmer, Patrick, OF REPRESENTATIVES OF THE FIRST REGULAR Pence, Perry, Raybould, Ringo, Roberts, Rusche, Schaefer, SESSION OF THE SIXTY-FIRST IDAHO LEGISLATURE. Shirley, Simpson, Sims, Smith(30), Smith(24), Stevenson, Takasugi(Batt), Thayn, Thompson, Trail, Vander Woude, Wills, Be It Resolved by the House of Representatives of the State of Wood(35), Mr. Speaker. Total – 64. Idaho: NAYS – None. Absent and excused – Chew, King, McGeachin, Nielsen, WHEREAS, House Rule 74 provides that the selection Shepherd, Wood(27). Total – 6. and compensation of the employees of the House of Total – 70. Representatives shall be determined by resolution of the House of Representatives. Whereupon the Speaker declared that more than two-thirds NOW, THEREFORE, BE IT RESOLVED by the members of of the membership having voted in the affirmative, the motion the House of Representatives, that the selection and compensation carried, the rules were suspended, and HCR 1 was read the first of the officers and employees of the House of Representatives of time by title, second time by title, and third time at length, and the First Regular Session of the Sixty-first Idaho Legislature be placed before the House for final consideration. determined by the Speaker of the House of Representatives. At this time, the Speaker recognized Mr. Moyle to open HCR 1 and HR 1 were introduced, read the first time by debate. title, and referred to the Judiciary, Rules, and Administration Committee for printing. The question being, "Shall HCR 1 be adopted?" [January 10, 2011 HOUSE JOURNAL 7

Whereupon the Speaker declared HCR 1 adopted by voice Mr. Moyle asked unanimous consent that one committee be vote and ordered the resolution transmitted to the Senate. appointed to wait upon the Supreme Court Justices and Appellate Court Judges and one to wait upon the Elected Officials and escort There being no objection, the House advanced to the them to the House Chamber. There being no objection, it was so Thirteenth Order of Business. ordered. Miscellaneous and Unfinished Business The Speaker appointed Senators Darrington and Werk and The following committee assignments were made: Representatives Wills and Burgoyne as the committee to wait upon the Supreme Court Justices and Appellate Court Judges Memorial Committee and Senators Winder and Stennet and Representatives Thayn and Smith(30) as the committee to wait upon the Elected Officials Representative Luker, Chairman and escort them to the House Chamber. The committees were Representative Hagedorn excused. Representative Killen Mr. Moyle asked unanimous consent that the Speaker appoint a committee to wait upon the Governor and escort him to the Lincoln Day Committee House Chamber. There being no objection, it was so ordered. Representative Boyle, Chairman The Speaker appointed Senators Davis and Malepeai and Representative Crane Representatives Moyle and Rusche as the committee to wait Representative Ringo upon the Governor and escort him to the House Chamber. The committee was excused. There being no objection, the House returned to the Seventh The committee appointed by the Speaker escorted the Order of Business. Supreme Court Justices and the Appellate Court Judges to the House Chamber where they were presented to the Joint Session. Motions, Memorials, and Resolutions The committee appointed by the Speaker escorted the Elected The committee appointed to notify the Governor that the Officials to the House Chamber where they were presented to the House was in session returned to the House and reported they Joint Session. had conveyed the message to the Governor and that the Governor sent his greetings and best wishes for a productive session. The The committee appointed by the Speaker escorted the committee was thanked and discharged by the Speaker. Governor to the House Chamber. The committee appointed to notify the Senate that the House His Excellency, the Governor of the State of Idaho, C.L. was in session returned to the House and reported that they had "Butch" Otter, was introduced by the Speaker and the following conveyed the message to the Senate, and the Senate returned its State of the State Message and Budget Address was delivered best wishes for a productive session. The committee was thanked by Governor Otter. and discharged by the Speaker. * * * * * At this time, Senators acting as a committee from the Senate, Mr. Speaker, Mr. President, Honorable Justices, my fellow were escorted into the House Chamber to notify the House of constitutional officers, distinguished legislators and members of Representatives that the Senate was organized and ready for my Cabinet, honored guests, friends, my family and our First business. The Speaker thanked the committee. Lady my fellow Idahoans. Mr. Moyle asked unanimous consent that a committee be Of course I especially include in that number the thousands appointed to wait upon the Senate and escort the Senators to the of our fellow Idaho citizens now serving once again in Iraq. House Chamber for the purpose of attending the Joint Session. There being no objection, it was so ordered. Our prayers and our thoughts are with them and we anxiously The Speaker appointed Representatives Marriott, Luker, and await their return to us. Ringo as the committee to wait upon the Senate. The committee Whether with the National Guard or Reserves, they are was excused. deployed as a matter of duty but serving as patriots and as The committee appointed to wait upon the Senate returned heroes. They are shining examples of the best among us, and and reported that the Senate was waiting to enter the House they should rest assured that their loved ones are protected, cared Chambers. The Speaker thanked and discharged the committee. for and respected for their own sacrifices here at home. JOINT SESSION My congratulations and thanks go as well to Idaho's congressional delegation - and especially its newest member and Pursuant to HCR 1, the hour of 1 p.m. having arrived, the your former colleague, Congressman Labrador - for leading our members of the Senate entered the House Chamber and met in struggle to rein in government spending as well as unreasonable Joint Session with Speaker Denney presiding. and sometimes unconstitutional federal actions. Roll call of the House showed all 70 members present. I know they're up to the difficult task ahead in Washington, Roll call of the Senate showed all 35 members present. D.C. The Pledge of Allegiance was led by Chaplain Tom Now let me offer my sincere congratulations - and my Dougherty. condolences - to our newly re-elected Speaker, our new Pro-Tem, and to the great leadership teams in both chambers and on both Prayer was offered by Chaplain Tom Dougherty. sides of the aisle. 8 HOUSE JOURNAL January 10, 2011]

Your wisdom, patience, judgment and good humor will be We wind up in court and working with our friends in crucial in the days to come as we navigate through the difficult Congress to stop the federal government from breaking its process of balancing our State budget in a way that fulfills the promises on delisting and restoring State management of wolves proper role of government. that are killing our big game and livestock. Let me also extend my congratulations to all the new and We wind up fighting to stop the EPA from imposing re-elected members of the Idaho House and Senate, as well as unreasonable restrictions on the people of the Silver Valley. my colleagues in the Executive Branch. Folks, we've got to turn this discussion back to personal I know you are as humbled as I am by the confidence that responsibility. the voters showed in what we have done, and what we have committed to do. We've got to turn it back to the family. Now, we have our work cut out for us. We've got to turn it back to our communities. But I am confident that together we can constructively fulfill The State's role must be focused on finding better ways of our responsibilities to serve the people. fostering those local support systems. The solutions we seek are I am optimistic that our course not only is right for the people in our towns, our neighborhoods, and around our kitchen tables. of Idaho but is an example that other states would do well to You all know I was born in Caldwell and grew up right here follow. in the Treasure Valley. I was one of nine children. And I am positive that we will emerge from this session - just as we are slowly but surely emerging from this economic My Dad was an electrician, and so wherever the jobs were, downturn - leaner, stronger, and even more clearly among the best that's where we had to go. places in the world to live, to work and to raise a family. That meant we were moving around a lot. No one in this room is under any illusion about the task I went to 14 different schools between kindergarten and my before us. graduation from high school. It could be the kind of legislative session that leaves people wondering why anyone would want to go into politics or public I can remember time and again when my Dad would come service. home and say, "I'm sorry, but the job is finished and I don't know what we're going to do until I get another one." Many of the decisions we make will be thankless. "So instead of that new pair of shoes, we're going to have Our motives will be questioned. to get the old ones repaired. We're just going to have to do more with less." There will be no credit for good intentions. There will be no "moral victories." And you know what? We all survived. In some cases it may boil down to what our principles, values We all survived because we all understood that we were in and the best data available tell us are the least-bad options. this together - as a family. But ladies and gentlemen, that's precisely why we were sent Now, I don't know exactly where it started, but over the here - to make sound public policy that helps strengthen our years instead of going to our families, and instead of going to economy and fosters creation of career opportunities without those volunteer organizations that we were either socially or growing government. spiritually a part of - instead of going and having those kinds of conversations, it just got too easy when government seemed to We are entrusted with the best interests of the people of have a lot of money to say, "Let's start this program," and "Let's Idaho. start that program." They expect us to conduct the business of State government And that's precisely what happened. honorably, transparently, decisively - and within the people's means. Ladies and gentlemen, I have to tell you that, not only at the State level but at the federal level as well, those days are over. We must keep our commitments and stick to our principles. We must act responsibly and stand ready to be held accountable. It's time to become family again. It's time we accept one of To accomplish our task and make a positive difference in the the greatest burdens and greatest opportunities that our Creator lives of Idahoans we must summon all the energy and civic virtue gave us, and that is personal responsibility. that prompted us to seek office, and which brought us all here It all begins with us - the individual - and how we decide to today. fulfill the role of being our brother's keeper. Now, that does not mean digging deeper into taxpayers' It's a concept deeply ingrained in our history. From the pockets. United Order envisioned by our Mormon pioneers, all the way And it does not mean accepting that government can or back to Puritan leader John Winthrop's call in 1630 for the should be the first response to all challenges - economic or Massachusetts Bay Colony settlers to put aside their niceties, otherwise. "for the supply of others' necessities." We know what happens when that government-first mindset Winthrop's goal was to establish a community so close and takes hold. so cohesive that it would become "as members of the same body." [January 10, 2011 HOUSE JOURNAL 9

Our Idaho Family is no different today. As citizens, we must That's saving $32 million and holding our inmate population work together to rebuild "our community as members of the same more than 1,500 below projections. body." Transportation Director Brian Ness recently realigned Our fellow citizens have endorsed that path for our State his agency to improve customer service, efficiency and government as the most consistent with Idaho's independent, accountability to the tune of at least $1.5 million in savings over self-reliant principles and priorities. the next two years. And our citizens, our businesses and our civic organizations The Industrial Commission and Chairman R.D. Maynard are are setting the example. proposing to use a surplus in its cash balance to waive some or all of the workers compensation premium tax paid by insurers and It was the energy and the enthusiasm of folks in Twin Falls self-insured employers. that responded to the loss of 600 jobs at Dell by going out and finding 900 to 1,200 better jobs for the community with C3. At the Division of Building Safety, Kelly Pearce and his team are saving $415,000 a year by such steps as sharing office space, It was the community spirit of folks in Pocatello and using videoconferencing, cross-training inspectors, and issuing Chubbuck that convinced Allstate that Idaho was the best place more permits online. to build a regional service center with hundreds of new jobs, and that also convinced ON Semiconductor to expand twice in the And Phase Two of my Tax Compliance Initiative now is past year. bringing in more than $1 million a month to the General Fund that previously was going uncollected. It was the competence, the can-do attitude and the competitive fire of folks at Empire Aerospace that convinced That's money we can use for public schools or other pressing Horizon Airlines to get its aircraft maintenance done in Coeur needs. d'Alene. Yet as important as all that is, it means next to nothing to the It was the expertise and commitment to innovation of the tens of thousands of Idahoans who are out of work. folks at Micron that convinced Origin Solar of Australia that Idaho was the right place to build high-efficiency energy cells. Along with responsibly balancing our budget, there is no task before us more important than improving Idaho's economy. And it was the community spirit of the folks in Kamiah that convinced new investors in the Blue North Mill to add dozens of That does not mean government spending. new hires since August, with more on the way. It means stability. It means predictability. My friends, community is the single biggest thing we have to celebrate as we begin 2011 - that sense of shared family history And it means keeping more money in the hands of the that runs through everything we do here in Idaho. people whose innovation and enterprise actually creates those career opportunities. The degree to which this Citizen Legislature and all of us in State government are part of that community goes a long way As you know, I have been an advocate for lower taxes toward explaining why we are in much better fiscal shape than throughout my public life. many other states. If there was ever a time when ensuring the private sector has And one of the big reasons for that is - like any family or the motivation and the means to put Idahoans back to work, it's community - our first thoughts are about what we have rather than now. what we lack - what we can do rather than where we can turn for help. When President Reagan signed the landmark Tax Reform Act of 1986 into law, he cited the need to secure Americans' economic That's why our State government today is far better and more freedoms. efficient than it was just two years ago. He cited the need to "restore certainty to our tax code and And that's why all our State agencies are continuing to build our economy." partnerships, find efficiencies and develop smarter ways of doing their jobs. And he cited the fact that - as he put it - "ultimately the economy is not made up of aggregates like government spending I'm more convinced than ever that living within the people's and consumer demand, but of individual men and women, each means is crucial to maintaining and building public confidence striving to provide for his family and better his or her lot in life." - not only in our system of government but in our citizens' own ability to make a difference. With that in mind, I encourage you to seriously consider legislation being introduced by Representative Marv Hagedorn. As Thomas Jefferson said in 1802, "If we can prevent the government from wasting the labors of the people under the His bill would equalize and then gradually reduce our pretense of taking care of them, they must become happy." marginal State income tax rates for individuals and businesses over ten years, starting in 2013. So let's talk for a minute about some of what our State government is doing to avoid wasting the people's labors: But whether it's that bill or an alternative, we need a long-term plan for reducing the tax burden on our citizens. At the Department of Correction, Director Brent Reinke and Olivia Craven at the Parole Commission have improved That will go a long way toward providing a competitive offender assessment and placement and are making better use of advantage for Idahoans, stimulating economic growth and retained-jurisdiction programs. expanding our tax base. 10 HOUSE JOURNAL January 10, 2011]

Of course there are budget implications attached to such While that won't seem to be aggressive enough to some decisions. And they must be weighed carefully. or conservative enough to others, it reflects the realities of our budget needs and limitations at this moment in time. But there also are implications for our ability to provide economic opportunities for our children and grandchildren if we Among those limitations is the hard fact that we will be continue to be limited by what we could lose rather than inspired starting Fiscal 2012 without about $190 million of one-time by what we can gain. funding from reserve accounts and federal funds that are helping to prop up this year's budget. Folks, our citizens deserve and good government demands accountability in our tax system. It's an essential element of Our anticipated revenue growth in Fiscal 2012 wouldn't fostering public confidence. even cover that kind of hit. So most State agencies will And it applies just as much to the people and processes see their budgets reduced by more than 2 percent under my involved in collecting taxes as it does to the rates and the recommendation. rationales behind them. And since we still are going to be counting on almost $78 I have shared some ideas on possible ways to improve million in one-time money that we've identified throughout State operations and public trust at our State Tax Commission with government to balance our books in Fiscal 2012, now is the Pro Tem Hill, Senator Stegner and Representative Lake. time to come forward with your ideas for eliminating whole programs that may fall outside the statutory or constitutional While those talks progress, I look forward to working responsibilities of State government. closely with all of you in finding solutions that helps restore public confidence in that institution and the essential work it Now, we all know that one of State government's most does through greater accountability and efficiency. important responsibilities is maintaining a "general, uniform and thorough system of public, free common schools." Our tax structure also plays a key role in achieving our economic development and growth goals. It was an unfortunate necessity that prompted us to reduce the current year's General Fund public schools appropriation after That's why I will be proposing legislation aimed at providing two years of backfilling with reserve funds and one-time federal an incentive for investment and creation of career opportunities, money. targeting those small and start-up businesses that show great promise for Idaho's future - especially as new technology and So while my budget recommendation does call for a little innovation are applied. more State support for public schools, it also includes significant, targeted investments in our children's future - investments like a I'll be interested to hear your ideas and alternatives. third year of math and science in high school, and paying for all Ladies and gentlemen, once again this is not the Idaho juniors to take college entrance exams. government's money. Those investments are part of important changes that It's the people's money. And I encourage you to leave as Superintendent Luna and I are proposing in the way our public much of it as possible in the hands that earned it. schools do their jobs. I haven't heard one Idahoan say they want their taxes raised. We're proposing to improve Idaho's education system by If anyone wants to contribute more to State government, they're advancing the recommendations of our partners in this effort, free to do so. But this is not the time for us to coerce those led by Guy Hurlbutt and the Education Alliance of Idaho. payments with more taxes. It will mean a fundamental shift in emphasis from the adults Along with ensuring that our tax and regulatory climate who oversee the process and administration to the best interests encourages investment and job creation, the key to economic of our students. growth is to keep pressing ahead with our Project 60 initiative. Our priorities need to be refocused from how much we're Because it's working. spending to how much our children are learning. We are coordinating with industry sectors here at home. Now, it's important for you to know that we're starting from a position of strength. We're exploring opportunities and making great progress within the growing renewable and alternative energy industry. Idaho students continue to out-perform national averages on We're facilitating foreign investments. math and reading. And we're recruiting businesses seeking the stability that That's despite the fact that we spend far less per student than other states lack. the national average, and less than half as much as New York, New Jersey and Washington, D.C. States like Oregon, where the new Governor recently said the state is in a fiscal "death spiral;" or Washington, where the Yet our Idaho students generally score higher on achievement Governor is proposing literally billions of dollars in cuts to public tests. schools, higher education and public safety services. Again, we need to refocus from how much we are spending That's not us. And it won't be us as long as we stick to our to how much our children are learning - learning in large measure principles. due to responsible parenting and the excellence and sustained efforts of our fine public school teachers. So today I'm submitting a Fiscal 2012 Executive Budget recommendation based on a modest but responsible 3-percent That excellence should be rewarded - which is why growth rate in our State revenue. Superintendent Luna and I are committed to establishing a pay [January 10, 2011 HOUSE JOURNAL 11 system for teachers that emphasizes their performance, not their Our banks generally are sound, but many are afraid to lend. tenure. Interest rates are at historic lows, but it's tough to get new Truly one of the bright spots of the past couple of years credit. for me has been watching the impact of the Idaho Education Network's expansion into every corner of our state. Some corporate earnings are at their highest levels in 60 years. Exports are recovering and approaching record levels. I've watched and listened to classes delivered over broadband Internet connections. But none of this has shaken a generally pessimistic economic outlook. I've talked with the teachers and the high school students who already have earned 1,300 college credits by using the IEN. The reason is unemployment. I've seen how a calculus teacher in Eagle can reach students How many of you in this chamber know someone who's out in Sandpoint and Sugar City. of work? I've seen how our Idaho students can use the IEN to take Now, how many of you have a family member who's interactive guided tours of world-class resources like the Great unemployed? Barrier Reef, the Holocaust Museum, the Alaska Sea Life Center and NASA facilities. Unfortunately, until the jobless numbers begin falling, the perception that our economy is stuck in a rut will continue. And just as importantly, I've seen how the IEN is becoming a true community and economic development resource. We all know that raising taxes and spending more on government jobs or so-called "stimulus" programs isn't the For example, Superintendent Jim Reid and Principal Dave answer. Davies in Weiser opened up the high school's IEN connection to the local Chamber of Commerce, which arranged for Idaho State So what can we do about it? University's Workforce Training department to provide marketing For one thing, we must use our bully pulpit to encourage and management training for local businesses. those who can help to take a chance on our state's future - to pay Schools also are using the network to offer master's degree it forward by embracing those less fortunate among us. programs, POST Academy training, firefighter and paramedic Just as our Project 60 Partners are working with us to create training, and professional development courses for teachers. and sustain the right business climate in Idaho, the time is A growing number of school districts are embracing the now for our citizens and businesses to show confidence in our opportunities. communities, our neighbors, and ultimately in ourselves. In Idaho Falls, the Bonneville School District is generating Think what it could mean if every one of our 55,000 or so revenue and improving the educational experience for students by Idaho businesses would hire just one more person. creating an e-Center and a Virtual Academy. Think what it could mean if every one of our citizens who The Vallivue School District in Caldwell also is rolling out a saw a neighbor struggling to make ends meet would reach out to virtual school option for students, and several other districts are help in any way they can. heading that direction. Of course not everyone is in a position to help. Superintendent Luna and I will use the IEN at 3 p.m. today - right across the street at the Department of Education - to answer For businesses, economic and financial uncertainty caused questions from reporters across the state about today's address and in large part by misguided federal programs and policies are our education initiatives. And Superintendent Luna will lay out undermining confidence in the marketplace. all the details of our proposals this coming Wednesday. Employers have no idea what it will cost them to comply While the Idaho Education Network and online education with new health care mandates. are making great strides, our efforts to provide more affordable I understand their hesitation. But that's stifling employment higher education options are paying off. growth. The College of Western Idaho is one of the fastest-growing But there are plenty of examples out there of courageous community colleges in the nation. and forward-looking business investments in Idaho's future - CWI and President Bert Glandon are responding to Idaho examples that we should celebrate. employers' needs with an emphasis on workforce training. For instance: It's a tremendous resource, and I appreciate your continuing support for its growth. In Nampa, Mission Aviation Fellowship, which moved from California several years ago, now has 138 employees and Speaking of growth, I'd like to take just a minute now to 134 aircraft involved in Christian relief work in more than 52 begin engaging all Idahoans more directly in our Project 60 countries around the world. campaign - since it's all about growth, and it affects us all. In Payette, Teton Manufacturing has more than enough work The fact is that our economy is starting to grow again, but to hire at least four new machinists. overall employment isn't. In Moscow, Biketronics is looking at sales increases that The stock market is almost fully restored, but investors should enable it to expand and hire staff for a planned business remain skittish. incubator. 12 HOUSE JOURNAL January 10, 2011]

In Caldwell, Kit Manufacturing could be in a position to In September, I issued an Executive Order convening a double its workforce in the coming year. Medical Home Collaborative to pilot a coordinated managed-care initiative aimed at controlling health care costs. Fry Foods in Weiser is continuing to hire for its growing food processing business. Our focus on accessibility and affordability also advanced last month with my creation of the Idaho Health Care Council. And here in Boise, Colliers Idaho is bullish enough on our economy that it's hiring in preparation for a strengthening real Health and Welfare Director Dick Armstrong and Insurance estate market. Director Bill Deal are leading this effort to coordinate local and federal health care policies, working closely with our private We must recognize that we will all share in Idaho's renewed sector partners. prosperity if we work together - that's the essence of Project 60. For our part, beyond making State government more efficient Building partnerships. Fostering more cooperation between and effective, we must continue rewarding those private sector the public and private sectors. Doing more with less. investments that grow our economy by providing appropriate and All that is part of what must be a cultural change in our carefully crafted tax incentives for job creation. policies and our programs throughout State government - a Unfortunately, our lingering jobless rate will pose a serious change in how we set our priorities and how we approach problem for Idaho employers in the years ahead unless we act challenges. now. It's taking place at Health and Welfare and the Department Like those in 35 other states, Idaho's Unemployment Trust of Correction. Fund ran out of money because the recession was deeper and It's taking place at Transportation and Labor and longer than those who designed the new benefits system in 2005 Administration and all the other State agencies. ever expected. But that's not enough. As a result, we had to borrow over $200 million from the federal government to keep paying repeatedly extended Now that zero-base budgeting is in place, we must find a unemployment benefits in 2009 and 2010. way to institutionalize this new culture of responsible austerity But we do have a plan to eliminate the need to increase and ensure that we nurture continuing improvements to State Idaho's Unemployment Insurance rates and stabilize the trust government operations. fund. It calls for issuing bonds to repay the entire amount we I am studying the possibility of creating an intergovernmental borrowed and redeeming those bonds over four years. working group to do just that. And I look forward to hearing your It also involves raising the target balance in the trust feedback in the days and weeks ahead. fund formula to avoid borrowing in the future. And that's One area of our State budget where there are private-sector important, because while we've been able to borrow money for options to partially offset our need for greater public austerity is unemployment benefits interest-free for the past two years, we'll higher education. have to pay more than $9 million in interest this year alone - and much more in the following years. But our plan will save Idaho I understand the arguments. I've heard them wherever I go employers an estimated $110 million over the next three years. - "We should be investing in our future." "We're being penny wise and pound foolish." "We're shortchanging our own economic My thanks go to Labor Director Roger Madsen for thinking development opportunities." outside the bureaucratic box on that issue. I'm sure all of us would like to put more money into our Unfortunately, there is no bonding option or any other viable colleges and universities. way to avoid many of the exorbitant costs being imposed on us by Obamacare. I appreciate your commitment to maintaining our We got some great news recently when a federal judge in Opportunity Scholarship Fund's corpus. Virginia agreed with the position we and 21 other states have And I look forward to the time when we can resume building taken that forcing citizens to buy health coverage or face financial on that account to ensure money is never a barrier to qualified penalties is unconstitutional. students going on after high school. As you know, our specific case is before a different federal With that in mind, I also want to thank the Albertson judge in Florida. But Attorney General Wasden believes the Foundation for its continuing generosity in supporting Idaho Virginia ruling has the potential to be persuasive in our case as education programs, and advocating for our students to broaden well. We're watching that closely. their educational horizons. We also are working closely with Idaho's outstanding Still, the fact is that tough choices - and changes - have to be congressional delegation to fix or repeal Obamacare before it made. does serious damage to State efforts to make health care more accessible and affordable. And higher education does have some built-in constituencies that can provide alternatives to a higher level of General Fund We are actively exploring all our options - including support. nullification. But at the same time, we are responsibly preparing for At the same time, I've been gratified by the efforts of our watershed changes that may be on the way. college and university presidents to manage through the relative scarcity of these tough economic times while growing their And we are pursuing our own priorities. institutions in response to student and community needs. [January 10, 2011 HOUSE JOURNAL 13

And I've been pleased by the expanding role of our business The Speaker thanked Governor Otter. community, the Idaho National Laboratory and the Center for Advanced Energy Studies in collaborating with our colleges and The committee appointed to wait upon the Governor came universities on research and technology transfer issues. forward and escorted him from the House Chamber and was, on its return, thanked and discharged by the Speaker. They're cooperating on development of better policies for commercializing and generating revenue from work on our The committee appointed to wait upon the Supreme Court campuses. Justices and the Appellate Court Judges came forward and escorted them from the House Chamber and was, on its return, Some of our great corporate citizens, the Office of Energy thanked and discharged by the Speaker. Resources, Jefferson Jewell and the Idaho Innovation Council, Rich Raimondi and the Idaho Technology Council, and our The committee appointed to wait upon the Elected Officials higher education leaders all are working closely with the Center came forward and escorted them from the House Chamber and for Advanced Energy Studies on development of the Energy was, on its return, thanked and discharged by the Speaker. Efficiency Research Institute. Mr. Moyle moved that the Governor's State of the State I welcome those partnerships, because Idaho needs those Message and Budget Address be printed in both the House and partnerships. Senate Journals. Seconded by Mr. Rusche. It shows what we can achieve when we think about how to The question being, "Shall the motion carry?" apply our existing resources in new and innovative ways. Whereupon the Speaker declared the motion carried by voice That is our challenge, in 2011 and beyond. We must take it vote and ordered the Governor's State of the State Message and upon ourselves to create a brighter, more hopeful future where Budget Address printed in both the House and Senate Journals. greater value once again is placed on self-reliance. We must not be satisfied with answers from government - any government. Mr. Moyle moved that the Joint Session be dissolved. Seconded by Mr. Rusche. Motion carried. And we must do more to reach out to all our citizens for their solutions. The Senate returned to its Chamber. Think of this legislative session as a family council - all There being no objection, the House advanced to the Idahoans drawn up around the kitchen table to discuss how to Sixteenth Order of Business. make the best possible use of what we have. Adjournment Those of us in this chamber are the facilitators of the public's will. Mr. Moyle moved that the House adjourn until 11 a.m., Tuesday, January 11, 2011. Seconded by Mr. Rusche. Motion It is our jobs to lead and focus the family discussion, and to carried. infuse it with the context and the facts that the people need to help light a clearer path forward. Whereupon the Speaker declared the House adjourned at This is not a time to rest on the support and confidence that 1:55 p.m. the people recently expressed for us, or to retreat to the status quo. LAWERENCE DENNEY, Speaker Rather, it is a time to boldly redouble our efforts on their ATTEST: behalf. BONNIE ALEXANDER, Chief Clerk It's time to make the extraordinary measures that were born of necessity these past years into the foundation for a new concept of governance for Idaho. Governance that emboldens and frees individuals and communities from the soul-crushing tyranny of entitlement. As Abigail Adams wrote, "It is not in the still calm of life, or the repose of a pacific station, that great characters are formed. The habits of a vigorous mind are formed in contending with difficulties. When a mind is raised and animated by scenes that engage the heart, then those qualities which would otherwise lay dormant wake into life and form the character of the hero and the statesman." My friends, we have the opportunity now to be statesmen. But the people we serve are and must always remain the heroes of our great Republic, and of our Idaho Family. Good luck in the days and weeks ahead. God bless you all. God bless America, and may God continue to bless the great State of Idaho.

* * * * * 14 HOUSE JOURNAL January 11, 2011]

HOUSE JOURNAL As Always - Idaho, "Esto Perpetua" /s/ C.L. "Butch" Otter OF THE Governor The correspondence was ordered filed in the office of the IDAHO LEGISLATURE Chief Clerk. FIRST REGULAR SESSION January 10, 2011 SIXTY-FIRST LEGISLATURE Mr. Speaker: I return herewith HCR 1 which has passed the Senate. WOOD, Secretary HCR 1 was referred to the Judiciary, Rules, and SECOND LEGISLATIVE DAY Administration Committee for enrolling. TUESDAY, JANUARY 11, 2011 Report of Standing Committees January 11, 2011 House of Representatives Mr. Speaker: We, your COMMITTEE ON JUDICIARY, RULES, AND The House convened at 11 a.m., the Speaker in the Chair. ADMINISTRATION, report that we have printed HR 1. Roll call showed 69 members present. WILLS, Chairman Absent and excused – Schaefer. Total – 1. Total – 70. HR 1 was filed for second reading. Prayer was offered by Chaplain Tom Dougherty. There being no objection, the House advanced to the Seventh Order of Business. The Pledge of Allegiance was led by Saige Benjamin, Page. Motions, Memorials, and Resolutions Approval of Journal Mr. Moyle moved that the following persons be approved January 11, 2011 as attaches to serve the House of Representatives for and during Mr. Speaker: the First Regular Session of the Sixty-first Idaho Legislature. We, your COMMITTEE ON JUDICIARY, RULES, AND Seconded by Mr. Rusche. ADMINISTRATION, report that we have read and approved the House Journal of the First Legislative Day and recommend that Chief Clerk of the House ...... Bonnie Alexander same be adopted as corrected. Chaplain ...... Tom Dougherty WILLS, Chairman Minority Leadership Secretary ...... Cathy Downs Chief Fiscal Officer ...... Terri Franks-Smith Mr. Wills moved that the report be adopted. Seconded by Assistant to the Speaker ...... Sue Frieders Mr. Burgoyne. Report adopted. Assistant to Majority Leadership ...... Sarah Hendrick Minority Leadership Secretary ...... Shannon Hohl Consideration of Messages from the Assistant Chief Clerk ...... Debbie Hopkins Governor and the Senate Sergeant at Arms ...... Claudia Howell Secretary ...... Kimberly Jensen-Porter Minority Chief of Staff ...... Nikki Karpavich OFFICE OF THE GOVERNOR Journal Clerk ...... Leslie Sheedy Boise Assistant Sergeant at Arms ...... Robert Stewart January 11, 2011 Journal Clerk ...... Chris Taylor

The Honorable Lawerence Denney Committee Secretaries: Speaker of the House Revenue & Taxation ...... Bev Bean Transportation & Defense ...... Sheila Doherty As required by Section 57-1601, Idaho Code, I am Environment, Energy, & Technology ...... Jana Filer transmitting the following report of the Governor's Emergency Fund for fiscal years 2010 and 2011. State Affairs ...... Camille Luna Education ...... Amber Messa Balance as of July 1, 2009 83,744.48 Business ...... MaryLou Molitor Health & Welfare ...... Irene Moore No activity in fiscal year 2010 Commerce & Human Resources ...... Mary Tipps Local Government ...... Mary Tipps Balance as of June 30, 2010 83,744.48 Agricultural Affairs ...... Diane Tolley No activity year-to-date in fiscal Judiciary, Rules, & Administration ...... Jean Vance year 2011 Resources & Conservation ...... Susan Werlinger Appropriations ...... Kathryn Yost Balance as of December 31, 2010 83,744.48 Ways & Means...... Sarah Hendrick [January 11, 2011 HOUSE JOURNAL 15

Pages: Nayar Barron Saige Benjamin Hannah Joy Coad Kami Cole Jakoub Fudge Sage Lake Rob Schmidt Brady Smith Edward Smith M. J. Veselka

Whereupon the Speaker declared the motion carried by voice vote and administered the oath of office to the above named attaches. There being no objection, the House advanced to the Sixteenth Order of Business. Adjournment Mr. Moyle moved that the House adjourn until 11 a.m., Wednesday, January 12, 2011. Seconded by Mr. Rusche. Motion carried. Whereupon the Speaker declared the House adjourned at 11:14 a.m. LAWERENCE DENNEY, Speaker ATTEST: BONNIE ALEXANDER, Chief Clerk 16 HOUSE JOURNAL January 12, 2011]

HOUSE JOURNAL Adjournment OF THE Mr. Roberts moved that the House adjourn until 11 a.m., Thursday, January 13, 2011. Seconded by Mr. Rusche. Motion IDAHO LEGISLATURE carried. Whereupon the Speaker Pro Tem declared the House FIRST REGULAR SESSION adjourned at 11:09 a.m. SIXTY-FIRST LEGISLATURE LAWERENCE DENNEY, Speaker ATTEST: BONNIE ALEXANDER, Chief Clerk

THIRD LEGISLATIVE DAY WEDNESDAY, JANUARY 12, 2011

House of Representatives The House convened at 11 a.m., Mr. Moyle in the Chair. Roll call showed 66 members present. Absent and excused – Bedke, Harwood, Lake, Mr. Speaker. Total – 4. Total – 70. Prayer was offered by Chaplain Tom Dougherty. The Pledge of Allegiance was led by Hannah Joy Coad, Page.

Approval of Journal January 12, 2011 Mr. Speaker: We, your COMMITTEE ON JUDICIARY, RULES, AND ADMINISTRATION, report that we have read and approved the House Journal of the Second Legislative Day and recommend that same be adopted as corrected. WILLS, Chairman Mr. Wills moved that the report be adopted. Seconded by Mr. Burgoyne. Report adopted. There being no objection, the House advanced to the Fifth Order of Business.

Report of Standing Committees January 12, 2011 Mr. Speaker: We, your COMMITTEE ON JUDICIARY, RULES, AND ADMINISTRATION, report that we have enrolled HCR 1. WILLS, Chairman The Speaker Pro Tem announced the Speaker was about to sign enrolled HCR 1 and, when so signed, ordered it transmitted to the Senate for the signature of the President. There being no objection, the House advanced to the Tenth Order of Business.

Second Reading of Bills and Joint Resolutions HR 1, by Moyle and Rusche, was read the second time by title and filed for third reading. There being no objection, the House advanced to the Sixteenth Order of Business. [January 13, 2011 HOUSE JOURNAL 17

HOUSE JOURNAL Absent and excused – Henderson, McGeachin, Trail. Total – 3. OF THE Total – 70. Whereupon the Speaker declared HR 1 adopted and ordered IDAHO LEGISLATURE the resolution filed in the office of the Chief Clerk. FIRST REGULAR SESSION There being no objection, the House advanced to the SIXTY-FIRST LEGISLATURE Sixteenth Order of Business. Adjournment Mr. Moyle moved that the House adjourn until 9 a.m., Friday, January 14, 2011. Seconded by Mr. Rusche. Motion carried. FOURTH LEGISLATIVE DAY THURSDAY, JANUARY 13, 2011 Whereupon the Speaker declared the House adjourned at 11:12 a.m. LAWERENCE DENNEY, Speaker House of Representatives ATTEST: The House convened at 11 a.m., the Speaker in the Chair. BONNIE ALEXANDER, Chief Clerk Roll call showed 67 members present. Absent and excused – Henderson, McGeachin, Trail. Total – 3. Total – 70. Prayer was offered by Chaplain Tom Dougherty. The Pledge of Allegiance was led by Kami Cole, Page. Approval of Journal January 13, 2011 Mr. Speaker: We, your COMMITTEE ON JUDICIARY, RULES, AND ADMINISTRATION, report that we have read and approved the House Journal of the Third Legislative Day and recommend that same be adopted as corrected. WILLS, Chairman Mr. Wills moved that the report be adopted. Seconded by Mr. Burgoyne. Report adopted. There being no objection, the House advanced to the Eleventh Order of Business. Third Reading of Bills and Joint Resolutions HR 1 was read the third time at length and placed before the House for final consideration. At this time, the Speaker recognized Mr. Moyle to open debate. The question being, "Shall HR 1 be adopted?"

FIFTH LEGISLATIVE DAY FRIDAY, JANUARY 14, 2011

House of Representatives The House convened at 9 a.m., the Speaker in the Chair. Roll call showed 60 members present. Absent and excused – Barbieri, Boyle, Henderson, Lake, Loertscher, McGeachin, Schaefer, Smith(24), Trail, Wood(35). Total – 10. Total – 70. Prayer was offered by Chaplain Tom Dougherty. The Pledge of Allegiance was led by Kami Cole, Page. Approval of Journal January 14, 2011 Mr. Speaker: We, your COMMITTEE ON JUDICIARY, RULES, AND ADMINISTRATION, report that we have read and approved the House Journal of the Fourth Legislative Day and recommend that same be adopted as corrected. WILLS, Chairman Mr. Wills moved that the report be adopted. Seconded by Mr. Burgoyne. Report adopted. Consideration of Messages from the Governor and the Senate January 13, 2011 Mr. Speaker: I return herewith enrolled HCR 1 which has been signed by the President. WOOD, Secretary Enrolled HCR 1 was referred to the Judiciary, Rules, and Administration Committee for delivery to the Secretary of State. There being no objection, the House advanced to the Sixteenth Order of Business. Adjournment Mr. Moyle moved that the House adjourn until 11 a.m., Monday, January 17, 2011. Seconded by Mr. Rusche. Motion carried. Whereupon the Speaker declared the House adjourned at 9:07 a.m. LAWERENCE DENNEY, Speaker ATTEST: BONNIE ALEXANDER, Chief Clerk [January 17, 2011 HOUSE JOURNAL 19

HOUSE JOURNAL after Captain Benjamin Bonneville, a French born officer in the United States Army who was a fur trapper and explorer in the OF THE American West and is noted for his expeditions to the Oregon Country and the Great Basin in the 1830's; and WHEREAS, the first bridge spanning the Snake River was IDAHO LEGISLATURE constructed by Matt Taylor in 1865, around which developed a settlement known as Eagle Rock, which became known as Idaho FIRST REGULAR SESSION Falls in 1891; and SIXTY-FIRST LEGISLATURE WHEREAS, Bonneville County was formed from Bingham County, which was part of Oneida County until 1893 and Bonneville County is part of the Idaho Falls statistical area and is 1,901 square miles with 1,869 square miles of land and 32 square miles of water with its population in 2000 of 82,522 and EIGHTH LEGISLATIVE DAY its estimated 2008 population of 99,135; and MONDAY, JANUARY 17, 2011 WHEREAS, the following cities are included in Bonneville County: Ammon, Idaho Falls, Iona, Irwin, Ririe, Swan Valley and Ucon as well as the unincorporated communities of Lincoln and House of Representatives Osgood; and WHEREAS, the Snake River flows northwest through The House convened at 11 a.m., the Speaker in the Chair. Bonneville County beginning at the Wyoming border as the Roll call showed 67 members present. Palisades Reservoir and the river exits the county midway on its Absent and excused – Bateman, Nielsen, Patrick. Total – 3. northern border, turns and re-enters approximately twenty miles Total – 70. west to flow southwest through Idaho Falls; and WHEREAS, Caribou National Forest, Grays Lake National Prayer was offered by Chaplain Tom Dougherty. Wildlife Refuge and Targhee National Forest all lay partially within the boundaries of Bonneville County, and Yellowstone The Pledge of Allegiance was led by Sage Lake, Page. National Park is adjacent; and Approval of Journal WHEREAS, Bonneville County's county seat is Idaho Falls and the waterfalls in the city limits are a focal point that were January 17, 2011 created by a diversion dam that provides hydroelectric power; and Mr. Speaker: WHEREAS, the original dam was built in 1909 and in 1928 We, your COMMITTEE ON JUDICIARY, RULES, AND a bond election was called for $100,000 to finish the power ADMINISTRATION, report that we have read and approved the plant; today's dam was constructed as part of a $55.3 million House Journal of the Fifth Legislative Day and recommend that hydroelectric power project in 1982, and the citizenry of Idaho same be adopted as corrected. Falls paid $48.0 million in taxes to fabricate the hydroelectric WILLS, Chairman power plant and the U.S. Department of Energy in turn funded $7.3 million allowing for completion of the power plant for a Mr. Wills moved that the report be adopted. Seconded by total of three power plants that produce hydroelectric power Mr. Burgoyne. Report adopted. for Idaho Falls and combined they produce fifty percent of the There being no objection, the House advanced to the Fifth electricity needed; and Order of Business. WHEREAS, Bonneville County is less than 100 miles from Yellowstone and Grand Teton National Parks and is one of eastern Report of Standing Committees Idaho's regional centers for shopping, medical care, cultural awareness, education, development of new energy and education January 14, 2011 infrastructure with the AREVA Eagle Rock Enrichment Facility, Mr. Speaker: and the Center for Advanced Energy Studies (CAES); and We, your COMMITTEE ON JUDICIARY, RULES, AND WHEREAS, in 1931 under the direction of E. F. McDermott, ADMINISTRATION, report that we have transmitted enrolled its publisher, the Post newspaper purchased the ailing HCR 1 to the Secretary of State at 9:21 a.m., as of this date, Times-Register and became the Post Register and has been January 14, 2011. operating since; and WILLS, Chairman WHEREAS, in 1969 Eastern Idaho Vocational Technical There being no objection, the House advanced to the Seventh School was founded in Idaho Falls and classes were held in Order of Business. leased buildings for an initial 330 students, and in 1975 Eastern Idaho Vocational Technical School, now called Eastern Idaho Motions, Memorials, and Resolutions Technical College, constructed its first building on a 60 acre site donated on the Ammon-Idaho Falls border; and HOUSE CONCURRENT RESOLUTION NO. 2 WHEREAS, in 1976 a building was constructed for the BY EDUCATION COMMITTEE Bicentennial and became University Place, with other buildings A CONCURRENT RESOLUTION being added, giving the capability to have upper division and STATING FINDINGS OF THE LEGISLATURE AND graduate courses offered in Bonneville County by Idaho State CONGRATULATING BONNEVILLE COUNTY FOR ITS University and the University of Idaho; and CENTENNIAL ANNIVERSARY AS A COUNTY. WHEREAS, Bonneville County is home headquarters of offices and key lab facilities of the Idaho National Laboratory Be It Resolved by the Legislature of the State of Idaho: (INL), the state's only federally funded research and development WHEREAS, Bonneville County was established center and the nation's leading center for nuclear energy research, February 7, 1911, by the Idaho Legislature and was named development, demonstration and deployment; and 20 HOUSE JOURNAL January 17, 2011]

WHEREAS, the ingenuity of INL scientists and engineers, CODE, TO REVISE AND REMOVE PROVISIONS along with that of other Idaho-based researchers, has consistently RELATING TO A PRESCRIPTION FOR A CONTROLLED kept the state at or near the top spot in the nation in patents issued SUBSTANCE; AMENDING SECTION 37-2725, IDAHO per capita; and CODE, TO REVISE AND REMOVE PROVISIONS WHEREAS, Bonneville County has been the birthplace of RELATING TO REQUIRED PRESCRIPTIONS FOR many leaders including members of Congress, the United States SCHEDULED DRUGS AND TO MAKE TECHNICAL House of Representatives and Governors; and CORRECTIONS; AND DECLARING AN EMERGENCY. WHEREAS, the 1987 Legislature, with SCR 101 by Senator Ann Rydalch and Representative John Sessions, recognized and HOUSE BILL NO. 3 declared the Vietnam Veterans' Memorial in Freeman Park in the BY HEALTH AND WELFARE COMMITTEE city of Idaho Falls, to be the official Vietnam Veterans' Memorial AN ACT of the state of Idaho; and RELATING TO UNIFORMED CONTROLLED WHEREAS, Bonneville County Commissioners Roger SUBSTANCES; AMENDING SECTION 37-2705, IDAHO Christensen, Lee Staker and Dave Radford determined early on, it CODE, TO REMOVE PROVISIONS RELATING TO was important to look ahead to year 2011, the County Centennial, CERTAIN SCHEDULE I CONTROLLED SUBSTANCES; and they established the Bonneville County Centennial Heritage AND AMENDING SECTION 37-2707, IDAHO CODE, Association; and TO REVISE PROVISIONS RELATING TO SCHEDULE II WHEREAS, this association, under the direction of CONTROLLED SUBSTANCES. Mary Jane Fritzen and Gary Goodson, has utilized numerous volunteers, and Bonneville County authors, as well as the HOUSE BILL NO. 4 Museum of Idaho historically developed by the Carr family, BY HEALTH AND WELFARE COMMITTEE located in Idaho Falls and the museum exhibit, to plan and AN ACT celebrate the history of Bonneville County throughout the year RELATING TO PHARMACISTS; AMENDING SECTION of 2011. This includes an award winning publication by Connie 37-3201, IDAHO CODE, TO PROVIDE A CORRECT CODE Otteson, of a History of Bonneville County from the point of REFERENCE; AMENDING SECTION 54-1705, IDAHO view of a real pioneer boy, as a supplementary text for fourth CODE, TO REVISE DEFINITIONS AND TO DEFINE A grade study of Idaho history as well as other authors' publications TERM; AMENDING SECTION 54-1729, IDAHO CODE, TO about Bonneville County; and REVISE PROVISIONS RELATING TO THE REGISTRATION WHEREAS, histories of individual communities included OF DRUG OUTLETS DOING BUSINESS IN IDAHO AND in Bonneville County will be presented throughout 2011, ending TO MAKE TECHNICAL CORRECTIONS; AMENDING with a Centennial Gala Celebration on November 10-12, 2011, SECTION 54-1733, IDAHO CODE, TO PROVIDE CORRECT honoring our military and showcasing the Bonneville County TERMINOLOGY; AMENDING SECTIONS 54-1761, 54-4702 Centennial High School Choir coordinated by Hillcrest Choir AND 54-5110, IDAHO CODE, TO PROVIDE A CORRECT Director Camille Blackburn, which will consist of high school CODE REFERENCE. students from Bonneville, Hillcrest, Idaho Falls and Skyline and their choir directors. HOUSE BILL NO. 5 NOW, THEREFORE, BE IT RESOLVED by the members BY HEALTH AND WELFARE COMMITTEE of the First Regular Session of the Sixty-first Idaho Legislature, AN ACT the House of Representatives and the Senate concurring therein, RELATING TO PHARMACISTS; REPEALING SECTION that we hereby congratulate Bonneville County and its residents 54-1739, IDAHO CODE, RELATING TO SEVERABILITY; for its Centennial Anniversary on February 7, 2011. AMENDING CHAPTER 17, TITLE 54, IDAHO CODE, BY THE ADDITION OF A NEW SECTION 54-1739, IDAHO HCR 2 was introduced, read the first time by title, and CODE, TO PROVIDE FOR PROSPECTIVE DRUG REVIEW referred to the Judiciary, Rules, and Administration Committee AND COUNSELING IN THE IDAHO PHARMACY ACT; for printing. REPEALING SECTION 54-1749, IDAHO CODE, RELATING Introduction, First Reading, and Reference TO PROSPECTIVE DRUG REVIEW AND COUNSELING; of Bills and Joint Resolutions REPEALING SECTION 54-1750, IDAHO CODE, RELATING TO SEVERABILITY; AND AMENDING CHAPTER 17, TITLE HOUSE BILL NO. 1 54, IDAHO CODE, BY THE ADDITION OF A NEW SECTION BY HEALTH AND WELFARE COMMITTEE 54-1771, IDAHO CODE, TO PROVIDE SEVERABILITY. AN ACT RELATING TO UNIFORM CONTROLLED HOUSE BILL NO. 6 SUBSTANCES AND PHARMACISTS; AMENDING BY REVENUE AND TAXATION COMMITTEE SECTION 37-2713, IDAHO CODE, TO PROVIDE AN ACT PHARMACISTS WITH THE AUTHORITY TO PRESCRIBE RELATING TO THE CIRCUIT BREAKER PROPERTY CERTAIN COMPOUNDS, MIXTURES OR PREPARATIONS TAX RELIEF PROGRAM; AMENDING SECTION 63-701, AND TO PROVIDE RESTRICTIONS ON SUCH IDAHO CODE, TO REVISE THE DEFINITION OF INCOME; AUTHORITY; AND AMENDING SECTION 54-1704, IDAHO DECLARING AN EMERGENCY AND PROVIDING CODE, TO REVISE THE DEFINITION OF "PRACTICE OF RETROACTIVE APPLICATION. PHARMACY." HOUSE BILL NO. 7 HOUSE BILL NO. 2 BY REVENUE AND TAXATION COMMITTEE BY HEALTH AND WELFARE COMMITTEE AN ACT AN ACT RELATING TO CIGARETTE AND TOBACCO RELATING TO UNIFORM CONTROLLED PRODUCT TAXES; AMENDING SECTION 63-2502, SUBSTANCES; AMENDING SECTION 37-2723, IDAHO IDAHO CODE, TO REVISE THE DEFINITION OF [January 17, 2011 HOUSE JOURNAL 21

"WHOLESALER"; AMENDING SECTION 63-2513, IDAHO BE REPORTED TO THE STATE TAX COMMISSION AND CODE, TO CORRECT A TYPOGRAPHICAL ERROR; AND SHALL BE ACCOUNTED FOR USING MOTOR FUELS TAX AMENDING SECTION 63-2551, IDAHO CODE, TO REVISE ACCOUNTING PURPOSES AND TO MAKE TECHNICAL DEFINITIONS OF "TOBACCO PRODUCTS," "WHOLESALE CORRECTIONS; AMENDING SECTION 63-2411, IDAHO SALES PRICE," AND "PLACE OF BUSINESS." CODE, TO PROVIDE WHO MAY LAWFULLY ACCEPT OR PURCHASE MOTOR FUEL; AMENDING SECTION HOUSE BILL NO. 8 63-2423, IDAHO CODE, TO PROVIDE THAT A PERSON BY REVENUE AND TAXATION COMMITTEE WHO HAS PAID HIS SPECIAL FUELS TAX DIRECTLY AN ACT TO THE DISTRIBUTOR MAY BE ELIGIBLE FOR A RELATING TO INCOME TAXATION; AMENDING REFUND OF THE TAX; AMENDING SECTION 63-2424, SECTION 63-3022L, IDAHO CODE, TO DISALLOW THE IDAHO CODE, TO PROVIDE FOR SELLING OF GASEOUS ELECTION FOR PAYMENT OF TAX BY PASS-THROUGH FUELS PERMITS BY GASEOUS FUELS DISTRIBUTORS; ENTITIES TO NONRESIDENTS WHO HAVE ADDITIONAL AMENDING SECTION 63-2429, IDAHO CODE, TO IDAHO TAXABLE INCOME AND PROVIDING PROVIDE REQUIRED RECORDS OF MOTOR FUELS FOR RULEMAKING AUTHORITY; AMENDING DISTRIBUTORS AND SPECIAL FUELS DEALERS AND SECTION 63-3026A, IDAHO CODE, TO CLARIFY THE EVERY PERSON REPORTING, MANUFACTURING, COMPUTATION OF REPORTABLE INCOME FROM REFINING, DEALING, TRANSPORTING OR STORING THE SALE OF A PUBLICLY TRADED PARTNERSHIP; MOTOR FUELS IN IDAHO; AMENDING SECTION AMENDING SECTION 63-3036B, IDAHO CODE, TO 63-2431, IDAHO CODE, TO PROVIDE THAT THE TAX MODIFY THE SYSTEM OF BACKUP WITHHOLDING FOR ON MOTOR FUELS SHALL BE IN LIEU OF ALL OTHER INDIVIDUALS WHO ARE OWNERS OF PASS-THROUGH EXCISE TAXES, LICENSE FEES OR PROPERTY TAXES ENTITIES, TO PROVIDE APPLICATION TO PUBLICLY IMPOSED UPON MOTOR FUELS BY THIS STATE TRADED PARTNERSHIPS THAT PROVIDE TAX OR ANY POLITICAL SUBDIVISION OF THIS STATE; INFORMATION REGARDING CERTAIN PARTNERS AND AND AMENDING SECTION 63-2436, IDAHO CODE, TO MAKE TECHNICAL CORRECTIONS; DECLARING TO PROVIDE FOR REPORTS BY RAILROADS, OTHER AN EMERGENCY AND PROVIDING RETROACTIVE COMMON CARRIER OR CONTRACT CARRIER OTHER APPLICATION. THAN A LICENSEE WHO MAKES A DELIVERY OF MOTOR FUELS. HOUSE BILL NO. 9 BY REVENUE AND TAXATION COMMITTEE HOUSE BILL NO. 13 AN ACT BY REVENUE AND TAXATION COMMITTEE RELATING TO SALES TAX; AMENDING SECTION AN ACT 63-3622GG, IDAHO CODE, TO PROVIDE FOR TREATMENT RELATING TO TAXATION; AMENDING SECTION OF AIRCRAFT USED AS A BUSINESS ASSET AS 63-4502, IDAHO CODE, TO REVISE A PROPERTY TAX TRANSIENT EQUIPMENT. EXEMPTION FOR CERTAIN NEW CAPITAL INVESTMENT, TO REVISE DEFINITIONS AND TO REVISE PROCEDURES; HOUSE BILL NO. 10 DECLARING AN EMERGENCY AND PROVIDING BY REVENUE AND TAXATION COMMITTEE RETROACTIVE APPLICATION. AN ACT RELATING TO TAXATION OF MOTOR FUELS; H 1, H 2, H 3, H 4, H 5, H 6, H 7, H 8, H 9, H 10, H 11, AMENDING SECTION 63-2430, IDAHO CODE, TO H 12, and H 13 were introduced, read the first time by title, and PROVIDE NONAPPLICATION TO DISTRIBUTOR'S referred to the Judiciary, Rules, and Administration Committee LICENSES CANCELED FOR FAILING TO COMPLY for printing. WITH THE BONDING REQUIREMENT AND TO MAKE TECHNICAL CORRECTIONS. There being no objection, the House advanced to the Sixteenth Order of Business. HOUSE BILL NO. 11 Adjournment BY REVENUE AND TAXATION COMMITTEE AN ACT Mr. Moyle moved that the House adjourn until 11 a.m., RELATING TO TAXATION OF FOREST LANDS; Tuesday, January 18, 2011. Seconded by Mrs. Higgins. Motion AMENDING SECTION 63-1705, IDAHO CODE, TO carried. REMOVE A REQUIREMENT TO CONDUCT A FOREST MANAGEMENT COST STUDY EVERY FIVE YEARS, TO Whereupon the Speaker declared the House adjourned at REQUIRE A FOREST MANAGEMENT COST STUDY BE 11:17 a.m. CONDUCTED PERIODICALLY AND TO REVISE THE LAWERENCE DENNEY, Speaker MEMBERSHIP OF THE COMMITTEE ON FOREST LAND TAXATION METHODOLOGIES. ATTEST: BONNIE ALEXANDER, Chief Clerk HOUSE BILL NO. 12 BY REVENUE AND TAXATION COMMITTEE AN ACT RELATING TO TAXATION OF MOTOR FUELS; AMENDING SECTION 41-4903, IDAHO CODE, TO REVISE THE DEFINITION OF PETROLEUM; AMENDING SECTION 63-2404, IDAHO CODE, TO PROVIDE THAT MOTOR FUELS AND OTHER PETROLEUM PRODUCTS SHALL 22 HOUSE JOURNAL January 18, 2011]

HOUSE JOURNAL RELATING TO ELECTION CONSOLIDATION; AMENDING SECTION 1, CHAPTER 341, LAWS OF 2009, OF THE TO REVISE HOW APPROPRIATED MONEYS MAY BE USED; AMENDING SECTION 22-2721, IDAHO CODE, TO REVISE PROVISIONS RELATING TO THE ELECTION IDAHO LEGISLATURE OF SOIL CONSERVATION DISTRICT COMMISSIONERS; AMENDING SECTION 22-4301, IDAHO CODE, TO FIRST REGULAR SESSION REVISE PROVISIONS REGARDING ELECTIONS IN SIXTY-FIRST LEGISLATURE WEATHER MODIFICATION DISTRICTS AND TO MAKE A TECHNICAL CORRECTION; AMENDING SECTION 31-1410A, IDAHO CODE, TO REVISE PROVISIONS REGARDING ELECTIONS OF FIRE PROTECTION DISTRICT COMMISSIONERS; AMENDING SECTION NINTH LEGISLATIVE DAY 33-502, IDAHO CODE, TO REVISE WHEN DECLARATION TUESDAY, JANUARY 18, 2011 OF CANDIDACIES FOR SCHOOL TRUSTEES SHALL BE FILED AND TO MAKE A TECHNICAL CORRECTION; REPEALING SECTION 33-2717B, IDAHO CODE, House of Representatives RELATING TO WITHDRAWAL OF CANDIDACY FROM The House convened at 11 a.m., the Speaker in the Chair. LIBRARY DISTRICT BOARDS; REPEALING SECTION 33-2717C, IDAHO CODE, RELATING TO PROCEDURE Roll call showed 69 members present. FOR CORRECTION OF BALLOTS IN LIBRARY DISTRICT Absent and excused – Henderson. Total –1. ELECTIONS; AMENDING SECTION 33-2722, IDAHO Total – 70. CODE, TO REVISE WHO CONDUCTS LIBRARY DISTRICT ELECTIONS AND TO MAKE A TECHNICAL Prayer was offered by Chaplain Tom Dougherty. CORRECTION; AMENDING SECTION 34-102, IDAHO The Pledge of Allegiance was led by Rob Schmidt, Page. CODE, TO REVISE WHEN THE PRIMARY ELECTION IS HELD; AMENDING SECTION 34-106, IDAHO CODE, Approval of Journal TO REVISE WHEN RECALL ELECTIONS MAY BE HELD; AMENDING SECTION 34-717, IDAHO CODE, TO January 18, 2011 REVISE PROVISIONS RELATING TO WITHDRAWAL Mr. Speaker: OF CANDIDACY; AMENDING SECTION 34-902, IDAHO We, your COMMITTEE ON JUDICIARY, RULES, AND CODE, TO REVISE PROVISIONS RELATING TO COUNTY ADMINISTRATION, report that we have read and approved the COMMISSIONERS PROVIDING SUFFICIENT BALLOTS House Journal of the Eighth Legislative Day and recommend that AND BALLOT BOXES FOR EACH POLLING PLACE same be adopted as corrected. AT ALL ELECTIONS; AMENDING SECTION 34-1003, WILLS, Chairman IDAHO CODE, TO REVISE PROVISIONS FOR ISSUANCE Mr. Wills moved that the report be adopted. Seconded by OF ABSENTEE BALLOTS; AMENDING SECTION Mr. Burgoyne. Report adopted. 34-1401, IDAHO CODE, TO REVISE PROVISIONS FOR ADMINISTRATION OF MUNICIPAL ELECTIONS; There being no objection, the House advanced to the Fifth AMENDING SECTION 34-1404, IDAHO CODE, TO Order of Business. REVISE PROVISIONS REGARDING DECLARATION OF CANDIDACY; AMENDING CHAPTER 14, TITLE 34, IDAHO Report of Standing Committees CODE, BY THE ADDITION OF A NEW SECTION 34-1405A, January 18, 2011 IDAHO CODE, TO PROVIDE FOR THE WITHDRAWAL Mr. Speaker: OF CANDIDACY; AMENDING SECTION 34-1406, We, your COMMITTEE ON JUDICIARY, RULES, AND IDAHO CODE, TO REVISE PROVISIONS REGARDING ADMINISTRATION, report that we have printed HCR 2, H 1, NOTICE OF ELECTION; AMENDING SECTION 34-1407, H 2, H 3, H 4, H 5, H 6, H 7, H 8, H 9, H 10, H 11, H 12, and IDAHO CODE, TO REVISE PROVISIONS REGARDING H 13. WRITE-IN CANDIDATES; AMENDING SECTION 34-1410, WILLS, Chairman IDAHO CODE, TO REVISE PROVISIONS REGARDING CANVASSING OF ELECTION RESULTS; AMENDING HCR 2 was filed for second reading. CHAPTER 14, TITLE 34, IDAHO CODE, BY THE ADDITION OF A NEW SECTION 34-1412, IDAHO H 1, H 2, H 3, H 4, and H 5 were referred to the Health and CODE, TO ESTABLISH PROVISIONS FOR TERMS OF Welfare Committee. OFFICE GOING BEYOND THE NEXT ELECTION DATES; H 6, H 7, H 8, H 9, H 10, H 11, H 12, and H 13 were referred AMENDING SECTION 39-1330, IDAHO CODE, TO REVISE to the Revenue and Taxation Committee. PROVISIONS REGARDING ELECTIONS OF HOSPITAL BOARD MEMBERS; AMENDING SECTION 40-1304, There being no objection, the House advanced to the Eighth IDAHO CODE, TO REVISE PROVISIONS REGARDING Order of Business. WHEN HIGHWAY DISTRICT COMMISSIONERS TAKE Introduction, First Reading, and Reference OFFICE; AMENDING SECTION 42-3211, IDAHO CODE, TO of Bills and Joint Resolutions REVISE PROVISIONS REGARDING WATER AND SEWER DISTRICT ELECTIONS; AMENDING SECTION 50-1026, HOUSE BILL NO. 14 IDAHO CODE, TO REVISE PROVISIONS REGARDING BY STATE AFFAIRS COMMITTEE CERTAIN CITY BOND ELECTIONS AND TO MAKE AN ACT A TECHNICAL CORRECTION; AMENDING SECTION [January 18, 2011 HOUSE JOURNAL 23

67-4911, IDAHO CODE, TO REVISE PROVISIONS REGARDING AUDITORIUM DISTRICT ELECTIONS; DECLARING AN EMERGENCY AND PROVIDING RETROACTIVE APPLICATION.

HOUSE BILL NO. 15 BY STATE AFFAIRS COMMITTEE AN ACT RELATING TO THE LAVA HOT SPRINGS FOUNDATION; AMENDING SECTION 67-4402, IDAHO CODE, TO DELETE REFERENCE TO THE APPROVAL OF THE BOARD OF EXAMINERS OF THE STATE OF IDAHO RELATING TO THE LEASE OF CERTAIN PROPERTY.

HOUSE BILL NO. 16 BY STATE AFFAIRS COMMITTEE AN ACT RELATING TO THE INFORMATION TECHNOLOGY RESOURCE MANAGEMENT COUNCIL AND THE DEPARTMENT OF ADMINISTRATION; AMENDING SECTION 67-5745C, IDAHO CODE, TO ELIMINATE THE REQUIREMENT OF MAINTAINING AN INVENTORY OF INFORMATION TECHNOLOGY SYSTEMS OF STATE AGENCIES; AND AMENDING SECTION 67-5747, IDAHO CODE, TO CLARIFY REFERENCES TO COMMUNICATIONS EQUIPMENT. H 14, H 15, and H 16 were introduced, read the first time by title, and referred to the Judiciary, Rules, and Administration Committee for printing. There being no objection, the House advanced to the Sixteenth Order of Business. Adjournment Mr. Moyle moved that the House adjourn until 10:30 a.m., Wednesday, January 19, 2011. Seconded by Mr. Rusche. Motion carried. Whereupon the Speaker declared the House adjourned at 11:14 a.m. LAWERENCE DENNEY, Speaker ATTEST: BONNIE ALEXANDER, Chief Clerk 24 HOUSE JOURNAL January 19, 2011]

HOUSE JOURNAL Done at Boise, the Capital of Idaho, this 18th day of January, in the year of our Lord two thousand and eleven and of the OF THE Independence of the United States of America, the two hundred and thirty-fifth year. IDAHO LEGISLATURE /s/ C.L. "BUTCH" OTTER Governor FIRST REGULAR SESSION /s/ BEN T. YSURSA SIXTY-FIRST LEGISLATURE Secretary of State The Certificate of Appointment was ordered filed in the office of the Chief Clerk. The Speaker announced the oath of office had previously TENTH LEGISLATIVE DAY been administered to David Patrick. WEDNESDAY, JANUARY 19, 2011 Report of Standing Committees

House of Representatives January 19, 2011 Mr. Speaker: The House convened at 10:30 a.m., the Speaker in the Chair. We, your COMMITTEE ON JUDICIARY, RULES, AND ADMINISTRATION, report that we have printed H 14, H 15, Roll call showed all 70 members present. and H 16. WILLS, Chairman Prayer was offered by Chaplain Tom Dougherty. H 14, H 15, and H 16 were referred to the State Affairs The Pledge of Allegiance was led by Edward Smith, Page. Committee. Approval of Journal There being no objection, the House advanced to the Eighth Order of Business. January 19, 2011 Mr. Speaker: Introduction, First Reading, and Reference We, your COMMITTEE ON JUDICIARY, RULES, AND of Bills and Joint Resolutions ADMINISTRATION, report that we have read and approved the House Journal of the Ninth Legislative Day and recommend that HOUSE BILL NO. 17 same be adopted as corrected. BY TRANSPORTATION AND DEFENSE COMMITTEE WILLS, Chairman AN ACT RELATING TO FEDERAL MOTOR CARRIER SAFETY Mr. Wills moved that the report be adopted. Seconded by ADMINISTRATION REQUIREMENTS FOR COMMERCIAL Mr. Burgoyne. Report adopted. DRIVERS; AMENDING SECTION 49-105, IDAHO At this time, Mr Wills introduced Daniel T. Eismann, Chief CODE, TO ADD A DEFINITION FOR A COMMERCIAL Justice of the Idaho Supreme Court, who delivered the State of DRIVER'S LICENSE DOWNGRADE AS IT PERTAINS TO the Judiciary Address to members of the House. A DRIVER'S MEDICAL STATUS; AMENDING SECTION 49-301, IDAHO CODE, TO REQUIRE COMMERCIAL The Speaker thanked Chief Justice Eismann. DRIVERS TO HAVE A CURRENT AND VALID MEDICAL EXAMINER'S CERTIFICATE ON FILE WHILE OPERATING Consideration of Messages from the IN A "NON-EXCEPTED" STATUS AND TO HAVE, Governor and the Senate WHEN REQUIRED, A CURRENT VALID MEDICAL EXEMPTION LETTER OR SKILLS PERFORMANCE THE OFFICE OF THE GOVERNOR EVALUATION CERTIFICATE IN THE COMMERCIAL EXECUTIVE DEPARTMENT DRIVER'S PHYSICAL POSSESSION AND TO MAKE A BOISE, IDAHO TECHNICAL CORRECTION; AMENDING SECTION 49-306, CERTIFICATE OF APPOINTMENT IDAHO CODE, TO REQUIRE COMMERCIAL DRIVERS TO CERTIFY THE CATEGORY OF COMMERCE IN WHICH KNOW ALL MEN, by these Presents that Jim Patrick, State THEY WILL BE OPERATING; AMENDING SECTION Representative, District 23, House Seat A, Twin Falls County, 49-317, IDAHO CODE, TO ALLOW DRIVER'S LICENSES State of Idaho, pursuant to the provisions of Section 59-917, TO BE RESTRICTED BASED ON NON-AUTHORIZED Idaho Code, has nominated David Patrick of Twin Falls, Idaho, SPECIAL MECHANICAL CONTROL DEVICES OR to perform the duties of this office temporarily as Acting State FOR MEDICAL VARIANCES; AMENDING SECTION Representative. 49-321, IDAHO CODE, TO REQUIRE THE DEPARTMENT NOW, THEREFORE, I, C.L. "BUTCH" OTTER, Governor TO MAINTAIN ON FILE FOR THREE YEARS of the State of Idaho, by virtue of the authority vested in me by AFTER ISSUANCE OF ALL MEDICAL EXAMINER'S Section 59-917, Idaho Code, do hereby appoint David Patrick, CERTIFICATES MEDICAL EXEMPTION LETTERS AND Acting State Representative, District 23, House Seat A, Twin SKILL PERFORMANCE EVALUATION CERTIFICATES Falls County, State of Idaho, for a term commencing on January PROVIDED BY COMMERCIAL DRIVERS OR APPLICANTS 19, 2011, and continuing until the incumbent shall resume the FOR DRIVER INSTRUCTION PERMITS AND TO performance of the duties or a vacancy occurs in such office. MAKE A TECHNICAL CORRECTION; AMENDING IN TESTIMONY WHEREOF, I have hereunto set my hand SECTION 49-322, IDAHO CODE, TO REQUIRE THE and caused to be affixed the Great Seal of the State of Idaho. DEPARTMENT TO DOWNGRADE THE COMMERCIAL [January 19, 2011 HOUSE JOURNAL 25

DRIVING PRIVILEGES OF DRIVERS WHO FAIL TO Whereupon the Speaker declared the House adjourned at MAINTAIN THE REQUIRED MEDICAL EXAMINER'S 11:08 a.m. CERTIFICATES, MEDICAL EXEMPTION LETTERS OR LAWERENCE DENNEY, Speaker SKILL PERFORMANCE EVALUATION CERTIFICATES AND TO MAKE TECHNICAL CORRECTIONS; AMENDING ATTEST: SECTION 49-2444, IDAHO CODE, TO PROVIDE A BONNIE ALEXANDER, Chief Clerk CORRECT CODE REFERENCE AND TO MAKE A TECHNICAL CORRECTION; AND PROVIDING AN EFFECTIVE DATE.

HOUSE BILL NO. 18 BY TRANSPORTATION AND DEFENSE COMMITTEE AN ACT RELATING TO ABANDONED MOTOR VEHICLES; AMENDING SECTION 49-1805, IDAHO CODE, TO REVISE PROVISIONS RELATING TO A POST-STORAGE HEARING AND NOTICE OF STORAGE.

HOUSE BILL NO. 19 BY TRAIL AN ACT RELATING TO MEDICAL MARIJUANA; AMENDING TITLE 39, IDAHO CODE, BY THE ADDITION OF A NEW CHAPTER 47, TITLE 39, IDAHO CODE, TO PROVIDE A SHORT TITLE, TO PROVIDE LEGISLATIVE FINDINGS, TO DEFINE TERMS, TO PROVIDE FOR REGISTRATION, TO PROVIDE FOR CERTIFICATION, TO PROVIDE FOR PROTECTION AGAINST CERTAIN PENALTIES AND DISCIPLINE, DENIAL OF RIGHTS AND PRIVILEGES, SEARCHES, ARRESTS AND PROSECUTIONS, TO PROVIDE FOR ALTERNATIVE TREATMENT CENTERS, TO PROVIDE THAT CERTAIN ACTIVITIES ARE PROHIBITED, TO PROVIDE THAT CERTAIN ACTIVITIES SHALL CONSTITUTE MISDEMEANORS, TO PROVIDE FOR OTHER OFFENSES, TO PROVIDE FOR THE DISPENSATION OF MARIJUANA, TO PROVIDE FOR AN EXEMPTION FROM CRIMINAL LIABILITY AND TO PROVIDE A BURDEN OF PROOF, TO PROVIDE FOR THE RECEIPT OF FUNDS AND FEES, TO PROVIDE FOR REPORTS BY THE DIRECTOR OF THE DEPARTMENT OF HEALTH AND WELFARE TO THE GOVERNOR AND THE LEGISLATURE, TO PROVIDE THAT CERTAIN ACTIONS SHALL NOT BE REQUIRED, TO PROVIDE FOR STATE IMMUNITY FROM LIABILITY, TO PROVIDE FOR RULEMAKING AND TO PROVIDE FOR AN ADVISORY COMMITTEE. H 17, H 18, and H 19 were introduced, read the first time by title, and referred to the Judiciary, Rules, and Administration Committee for printing. There being no objection, the House advanced to the Tenth Order of Business. Second Reading of Bills and Joint Resolutions HCR 2, by Education Committee, was read the second time by title and filed for third reading. There being no objection, the House advanced to the Sixteenth Order of Business. Adjournment Mr. Moyle moved that the House adjourn until 11 a.m., Thursday, January 20, 2011. Seconded by Mr. Rusche. Motion carried. 26 HOUSE JOURNAL January 20, 2011]

HOUSE JOURNAL Introduction, First Reading, and Reference of Bills and Joint Resolutions OF THE HOUSE BILL NO. 20 BY EDUCATION COMMITTEE IDAHO LEGISLATURE AN ACT RELATING TO EDUCATION; REPEALING SECTION FIRST REGULAR SESSION 33-3717, IDAHO CODE, RELATING TO FEES AT THE SIXTY-FIRST LEGISLATURE UNIVERSITY OF IDAHO; AMENDING SECTION 33-3717A, IDAHO CODE, TO PROVIDE THAT THE STATE BOARD OF EDUCATION AND THE BOARD OF REGENTS OF THE UNIVERSITY OF IDAHO MAY PRESCRIBE FEES, INCLUDING TUITION FEES, FOR RESIDENT ELEVENTH LEGISLATIVE DAY AND NONRESIDENT STUDENTS ENROLLED IN ALL THURSDAY, JANUARY 20, 2011 STATE COLLEGES AND UNIVERSITIES; AMENDING SECTION 33-2101A, IDAHO CODE, TO DELETE A CODE REFERENCE; AND DECLARING AN EMERGENCY. House of Representatives HOUSE BILL NO. 21 The House convened at 11 a.m., the Speaker in the Chair. BY EDUCATION COMMITTEE Roll call showed all 70 members present. AN ACT RELATING TO EDUCATION; AMENDING SECTION Prayer was offered by Chaplain Tom Dougherty. 33-1271, IDAHO CODE, TO PROVIDE THAT ACCURATE RECORDS OR MINUTES OF CERTAIN PROCEEDINGS The Pledge of Allegiance was led by M. J. Veselka, Page. SHALL BE KEPT AND SHALL BE AVAILABLE FOR PUBLIC INSPECTION AT THE OFFICE OF THE AFFECTED SCHOOL DISTRICT AND TO MAKE TECHNICAL Approval of Journal CORRECTIONS. January 20, 2011 Mr. Speaker: HOUSE BILL NO. 22 We, your COMMITTEE ON JUDICIARY, RULES, AND BY RESOURCES AND CONSERVATION COMMITTEE ADMINISTRATION, report that we have read and approved the AN ACT House Journal of the Tenth Legislative Day and recommend that RELATING TO WATER RIGHT LICENSES; AMENDING same be adopted as corrected. SECTION 42-219, IDAHO CODE, TO DELETE THE WILLS, Chairman REQUIREMENT THAT LICENSES BE ISSUED UNDER THE SEAL OF THE OFFICE OF THE DEPARTMENT OF WATER Mr. Wills moved that the report be adopted. Seconded by RESOURCES, TO DELETE THE REQUIREMENT THAT Mr. Burgoyne. Report adopted. LICENSES BEAR THE CAPACITY OF THE DIVERTING WORKS AND TO MAKE A TECHNICAL CORRECTION. There being no objection, the House advanced to the Fifth Order of Business. HOUSE BILL NO. 23 BY RESOURCES AND CONSERVATION COMMITTEE AN ACT Report of Standing Committees RELATING TO DRILLING PERMITS; AMENDING SECTION 42-235, IDAHO CODE, TO REVISE FEE January 20, 2011 PROVISIONS, TO PROVIDE FOR THE USE OF CERTAIN Mr. Speaker: PERMIT FEES, TO AUTHORIZE THE DIRECTOR OF THE We, your COMMITTEE ON JUDICIARY, RULES, AND DEPARTMENT OF WATER RESOURCES TO PROVIDE ADMINISTRATION, report that we have printed H 17, H 18, BLANKET DRILLING PERMITS FOR CLOSED LOOP and H 19. HEAT EXCHANGE WELLS AND TO PROVIDE THAT WILLS, Chairman THE APPLICATIONS FOR BLANKET PERMITS FOR SITE H 17 and H 18 were referred to the Transportation and SPECIFIC MONITORING PROGRAMS SHALL INCLUDE Defense Committee. SPECIFIED DESIGN PROPOSALS. H 19 was referred to the Health and Welfare Committee. HOUSE BILL NO. 24 BY RESOURCES AND CONSERVATION COMMITTEE January 20, 2011 AN ACT Mr. Speaker: RELATING TO WATER; AMENDING SECTION 42-203A, We, your COMMITTEE ON REVENUE AND TAXATION, IDAHO CODE, TO DELETE THE REQUIREMENT THAT report that we have had under consideration H 6, H 7, H 8, and COPIES OF NOTICES BE SENT BY ORDINARY MAIL TO H 10 and recommend that they do pass. CERTAIN PERSONS, TO PROVIDE FOR NOTICES THAT LAKE, Chairman ARE ACCESSIBLE FROM THE INTERNET HOMEPAGE OF THE DEPARTMENT OF WATER RESOURCES, TO CLARIFY H 6, H 7, H 8, and H 10 were filed for second reading. THAT PUBLISHED NOTICES ARE THE OFFICIAL There being no objection, the House advanced to the Eighth NOTICES AND TO PROVIDE THAT ANY ERRORS OR Order of Business. OMISSIONS IN NOTICES ACCESSIBLE FROM THE [January 20, 2011 HOUSE JOURNAL 27

INTERNET HOMEPAGE SHALL NOT INVALIDATE THE DEFINITION OF "RETAILER"; AMENDING SECTION PUBLISHED NOTICES. 63-3612, IDAHO CODE, TO REVISE THE DEFINITION OF "SALE"; AMENDING SECTION 63-3613, IDAHO HOUSE BILL NO. 25 CODE, TO REVISE THE DEFINITION OF "SALES PRICE"; BY RESOURCES AND CONSERVATION COMMITTEE AMENDING CHAPTER 36, TITLE 63, IDAHO CODE, BY AN ACT THE ADDITION OF A NEW SECTION 63-3614A, IDAHO RELATING TO PERMITS TO APPROPRIATE WATER; CODE, TO DEFINE THE TERM "SERVICES"; AMENDING AMENDING SECTION 42-218a, IDAHO CODE, TO SECTION 63-3615, IDAHO CODE, TO PROVIDE THAT PROVIDE THAT NOTICE OF LAPSED PERMITS SHALL THE TERM "USE" INCLUDES THE CONSUMPTION BE SENT TO PERMIT HOLDERS, TO REVISE PROVISIONS OF A SERVICE IN IDAHO; AMENDING SECTION RELATING TO THE REINSTATEMENT OF PERMITS 63-3616, IDAHO CODE, TO REVISE THE DEFINITION WITHIN SIXTY DAYS AFTER NOTICE OF LAPSING, TO OF "TANGIBLE PERSONAL PROPERTY"; AMENDING REVISE PROVISIONS AND REQUIREMENTS RELATING SECTION 63-3619, IDAHO CODE, TO DECREASE THE TO SUBMISSION OF PROOF OF BENEFICIAL USE RATE OF THE SALES TAX AND TO PROVIDE THAT STATEMENTS SUBMITTED MORE THAN SIXTY DAYS THE IMPOSITION AND RATE OF THE SALES TAX AFTER NOTICE OF LAPSING, TO PROVIDE FOR INCLUDES SALES OF SERVICES; AMENDING SECTION THE REINSTATEMENT OF SUCH PERMITS AND THE 63-3621, IDAHO CODE, TO DECREASE THE RATE OF ADVANCEMENT OF PRIORITY DATES AND TO MAKE THE USE TAX AND TO PROVIDE THAT THE IMPOSITION TECHNICAL CORRECTIONS. AND RATE OF THE USE TAX INCLUDES SALES OF SERVICES; AMENDING SECTION 63-3622, IDAHO CODE, HOUSE BILL NO. 26 TO PROVIDE EXEMPTION AND RESALE CERTIFICATES BY JUDICIARY, RULES, AND ADMINISTRATION FOR SERVICES; AMENDING SECTION 63-3622D, IDAHO COMMITTEE CODE, TO INCLUDE SERVICES IN THE PRODUCTION AN ACT EXEMPTION; REPEALING SECTION 63-3622LL, IDAHO RELATING TO FEES; AMENDING SECTION 31-3201B, CODE, RELATING TO THE EXEMPTION FOR MEDIA IDAHO CODE, TO INCREASE A CERTAIN FEE TO BE MEASUREMENT SERVICES; AMENDING SECTION DEPOSITED IN THE PEACE OFFICERS STANDARDS AND 63-3623, IDAHO CODE, TO PROVIDE A CORRECT CODE TRAINING FUND. REFERENCE; REPEALING SECTION 63-3640, IDAHO CODE, RELATING TO CONTRACTS ENTERED INTO HOUSE BILL NO. 27 BEFORE THE EFFECTIVE DATE OF INCREASED TAX; BY JUDICIARY, RULES, AND ADMINISTRATION AMENDING CHAPTER 36, TITLE 63, IDAHO CODE, BY COMMITTEE THE ADDITION OF A NEW SECTION 63-3642, IDAHO AN ACT CODE, TO DEFINE THE TERM "SOURCING" AND TO RELATING TO ASSAULT AND BATTERY; AMENDING PROVIDE FOR THE PLACE WHERE A SALE OCCURS; SECTION 18-915, IDAHO CODE, TO REVISE PROVISIONS AMENDING CHAPTER 36, TITLE 63, IDAHO CODE, BY RELATING TO ASSAULT OR BATTERY UPON THE ADDITION OF A NEW SECTION 63-3643, IDAHO CERTAIN PERSONNEL AND TO MAKE A TECHNICAL CODE, TO PROVIDE GENERAL SOURCING DEFINITIONS; CORRECTION. AMENDING CHAPTER 36, TITLE 63, IDAHO CODE, BY THE ADDITION OF A NEW SECTION 63-3644, IDAHO HOUSE BILL NO. 28 CODE, TO PROVIDE FOR MULTIPLE POINTS OF USE; BY JUDICIARY, RULES, AND ADMINISTRATION AMENDING CHAPTER 36, TITLE 63, IDAHO CODE, BY COMMITTEE THE ADDITION OF A NEW SECTION 63-3645, IDAHO AN ACT CODE, TO PROVIDE THE EFFECT ON CONTRACTS RELATING TO FREEDOM OF CONSCIENCE FOR ENTERED INTO PRIOR TO THE EFFECTIVE DATE OF HEALTH CARE PROFESSIONALS; AMENDING SECTION THIS ACT; PROVIDING SEVERABILITY; AND PROVIDING 18-611, IDAHO CODE, TO PROVIDE THAT NO HEALTH AN EFFECTIVE DATE. CARE PROFESSIONAL SHALL REFUSE TO FOLLOW THE PATIENT'S OR PHYSICIAN'S DIRECTIONS AS HOUSE BILL NO. 30 ESTABLISHED IN ACCORDANCE WITH THE "MEDICAL BY REVENUE AND TAXATION COMMITTEE CONSENT AND NATURAL DEATH ACT" AND TO MAKE AN ACT TECHNICAL CORRECTIONS. RELATING TO REVENUE AND TAXATION; AMENDING SECTION 63-602G, IDAHO CODE, TO HOUSE BILL NO. 29 PROVIDE THAT A HOMESTEAD HAVING PREVIOUSLY BY RINGO QUALIFIED FOR EXEMPTION UNDER CERTAIN IDAHO AN ACT LAW IN THE PRECEDING YEAR, SHALL NOT LOSE RELATING TO TAXATION; AMENDING SECTION SUCH QUALIFICATION DUE TO THE OWNER'S ABSENCE 63-602L, IDAHO CODE, TO DELETE REFERENCE FOR CERTAIN REASONS, TO PROVIDE THAT A CERTAIN TO CUSTOM COMPUTER PROGRAMS; AMENDING EXEMPTION SHALL NOT BE IMPAIRED FOR CERTAIN CHAPTER 36, TITLE 63, IDAHO CODE, BY THE ADDITION REASONS, TO PROVIDE THAT A CERTAIN EXEMPTION OF A NEW SECTION 63-3602A, IDAHO CODE, TO DEFINE SHALL FAIL FOR CERTAIN REASONS, TO PROVIDE "COMPUTER SOFTWARE" AND "DIGITAL GOODS"; THAT THE OWNER OF A HOMESTEAD PREVIOUSLY AMENDING SECTION 63-3608, IDAHO CODE, TO REVISE QUALIFIED FOR EXEMPTION IS NOT REQUIRED TO THE DEFINITION OF "PURCHASE"; AMENDING SECTION MAKE A SEPARATE APPLICATION TO CONTINUE 63-3609, IDAHO CODE, TO REVISE THE DEFINITION QUALIFICATION OF THE EXEMPTION DURING THE OF "RETAIL SALE" OR "SALE AT RETAIL"; AMENDING TIME OF MILITARY, HUMANITARIAN OR RELIGIOUS SECTION 63-3610, IDAHO CODE, TO REVISE THE SERVICE, TO PROVIDE FOR NOTICE, TO PROVIDE THAT 28 HOUSE JOURNAL January 20, 2011]

SUCH NOTICE SHALL IDENTIFY CERTAIN MATTERS, Whereupon the Speaker declared HCR 2 adopted and TO PROVIDE FOR A DECLARATION, TO PROVIDE ordered the resolution transmitted to the Senate. FOR A FILING, TO PROVIDE FOR A REBUTTABLE PRESUMPTION, TO PROVIDE FOR A REFUND, TO There being no objection, the House advanced to the PROVIDE FOR A CONTESTED CASE, TO PROVIDE FOR Sixteenth Order of Business. INTEREST AND TO PROVIDE THAT THE BOARD OF COUNTY COMMISSIONERS SHALL REFUND CERTAIN Adjournment TAXES IF AN OWNER FAILS TO TIMELY APPLY FOR Mr. Moyle moved that the House adjourn until 9 a.m., Friday, A HOMESTEAD EXEMPTION SOLELY BY REASON OF January 21, 2011. Seconded by Mr. Rusche. Motion carried. THE OWNER'S ACTIVE DUTY AND SUCH HOMESTEAD WOULD HAVE OTHERWISE QUALIFIED FOR A Whereupon the Speaker declared the House adjourned at HOMESTEAD EXEMPTION; AND AMENDING SECTION 11:22 a.m. 63-701, IDAHO CODE, TO PROVIDE FOR APPLICATION LAWERENCE DENNEY, Speaker OF LAW. ATTEST: HOUSE BILL NO. 31 BONNIE ALEXANDER, Chief Clerk BY RESOURCES AND CONSERVATION COMMITTEE AN ACT RELATING TO WATER; AMENDING SECTION 42-221, IDAHO CODE, TO DELETE REFERENCE TO APPLICATIONS TO CHANGE THE POINT OF DIVERSION, PLACE, PERIOD OR NATURE OF USE OF WATER UNDER A VESTED WATER RIGHT IN RELATION TO CERTAIN FEES, TO REVISE A FEE RELATING TO APPLICATIONS FOR AMENDMENT OF PERMIT AND TO PROVIDE FOR FEES FOR FILING APPLICATIONS TO CHANGE THE POINT OF DIVERSION, PLACE, PERIOD OR NATURE OF USE OF WATER UNDER A VESTED WATER RIGHT; AND AMENDING SECTION 42-248, IDAHO CODE, TO REVISE A PROVISION RELATING TO INFORMATION CONTAINED IN CERTAIN APPLICATIONS TO CHANGE A WATER RIGHT BEING DEEMED IN COMPLIANCE WITH SPECIFIED NOTIFICATION PROVISIONS AND TO PROVIDE FOR APPLICABILITY OF SPECIFIED FEE REQUIREMENTS. H 20, H 21, H 22, H 23, H 24, H 25, H 26, H 27, H 28, H 29, H 30, and H 31 were introduced, read the first time by title, and referred to the Judiciary, Rules, and Administration Committee for printing. There being no objection, the House advanced to the Eleventh Order of Business. Third Reading of Bills and Joint Resolutions HCR 2 was read the third time at length and placed before the House for final consideration. At this time, the Speaker recognized Mr. Bateman to open debate. The question being, "Shall HCR 2 be adopted?"

HOUSE JOURNAL Introduction, First Reading, and Reference of Bills and Joint Resolutions OF THE HOUSE BILL NO. 32 BY STATE AFFAIRS COMMITTEE IDAHO LEGISLATURE AN ACT RELATING TO THE IDAHO VIDEO SERVICE ACT; FIRST REGULAR SESSION AMENDING TITLE 50, IDAHO CODE, BY THE ADDITION SIXTY-FIRST LEGISLATURE OF A NEW CHAPTER 30, TITLE 50, IDAHO CODE, TO PROVIDE A SHORT TITLE, TO DEFINE TERMS, TO PROVIDE FOR FRANCHISING AUTHORITY, TO PROVIDE FOR THE USE OF PUBLIC RIGHTS-OF-WAY, TO PROVIDE FOR MODIFICATIONS OF EXISTING TWELFTH LEGISLATIVE DAY FRANCHISE AGREEMENTS, TO PROVIDE FOR FEES, FRIDAY, JANUARY 21, 2011 TO PROVIDE FOR A HOLDER OF CERTIFICATE, TO PROVIDE FOR PROVISION OF ACCESS TO VIDEO SERVICE WITHIN A CERTAIN PERIOD, TO PROVIDE FOR House of Representatives AMENDMENT OF THE CERTIFICATE OF FRANCHISE AUTHORITY, TO PROVIDE FOR SUSPENSION OF The House convened at 9 a.m., the Speaker in the Chair. AUTHORITY FOR NONCOMPLIANCE WITH CERTAIN Roll call showed 62 members present. REQUIREMENTS, TO PROVIDE FOR A VIDEO SERVICE Absent and excused – Barbieri, Bayer, Bilbao, Black, PROVIDER FEE, TO PROVIDE FOR NONDISCRIMINATION Henderson, Lake, Smith(30), Trail. Total – 8. BY GOVERNMENTAL ENTITIES RELATING TO USE Total – 70. OF THE PUBLIC RIGHTS-OF-WAY, TO PROHIBIT DISCRIMINATION AMONG POTENTIAL RESIDENTIAL Prayer was offered by Chaplain Tom Dougherty. SUBSCRIBERS, TO PROVIDE FOR CUSTOMER SERVICE STANDARDS, TO PROVIDE FOR DESIGNATION AND USE The Pledge of Allegiance was led by Nayar Barron, Page. OF CHANNEL CAPACITY FOR PUBLIC, EDUCATIONAL Approval of Journal OR GOVERNMENTAL USE AND TO PROVIDE FOR APPLICABILITY OF OTHER LAW; AND PROVIDING January 21, 2011 SEVERABILITY. Mr. Speaker: We, your COMMITTEE ON JUDICIARY, RULES, AND HOUSE BILL NO. 33 ADMINISTRATION, report that we have read and approved the BY STATE AFFAIRS COMMITTEE House Journal of the Eleventh Legislative Day and recommend AN ACT that same be adopted as corrected. RELATING TO PEACE OFFICERS; AMENDING WILLS, Chairman SECTION 19-510, IDAHO CODE, TO REVISE THE ENUMERATION OF THE TERM "PEACE OFFICER"; Mr. Wills moved that the report be adopted. Seconded by AMENDING CHAPTER 5, TITLE 19, IDAHO CODE, Mr. Burgoyne. Report adopted. BY THE ADDITION OF A NEW SECTION 19-510B, IDAHO CODE, TO PROVIDE FOR ENFORCEMENT OF There being no objection, the House advanced to the Fifth STATE LAW BY LAW ENFORCEMENT OFFICERS OF Order of Business. FEDERALLY RECOGNIZED INDIAN TRIBES WITHIN Report of Standing Committees THE STATE AND THE REQUIREMENTS THEREFOR; AND AMENDING SECTION 19-5101, IDAHO CODE, TO REVISE January 21, 2011 A DEFINITION. Mr. Speaker: We, your COMMITTEE ON JUDICIARY, RULES, AND H 32 and H 33 were introduced, read the first time by ADMINISTRATION, report that we have printed H 20, H 21, title, and referred to the Judiciary, Rules, and Administration H 22, H 23, H 24, H 25, H 26, H 27, H 28, H 29, H 30, and Committee for printing. H 31. There being no objection, the House advanced to the Tenth WILLS, Chairman Order of Business. H 20 and H 21 were referred to the Education Committee. Second Reading of Bills and Joint Resolutions H 22, H 23, H 24, H 25, and H 31 were referred to the Resources and Conservation Committee. H 6, H 7, H 8, and H 10, by Revenue and Taxation Committee, were read the second time by title and filed for third H 26 and H 27 were referred to the Judiciary, Rules, and reading. Administration Committee. There being no objection, the House advanced to the H 28 was referred to the State Affairs Committee. Sixteenth Order of Business. H 29 and H 30 were referred to the Revenue and Taxation Adjournment Committee. Mr. Moyle moved that the House adjourn until 11 a.m., There being no objection, the House advanced to the Eighth Monday, January 24, 2011. Seconded by Mr. Rusche. Motion Order of Business. carried. 30 HOUSE JOURNAL January 21, 2011]

Whereupon the Speaker declared the House adjourned at 9:12 a.m. LAWERENCE DENNEY, Speaker ATTEST: BONNIE ALEXANDER, Chief Clerk [January 24, 2011 HOUSE JOURNAL 31

HOUSE JOURNAL Independence of the United States of America, the two hundred and thirty-fifth year. OF THE /s/ C.L. "BUTCH" OTTER Governor IDAHO LEGISLATURE /s/ BEN T. YSURSA Secretary of State FIRST REGULAR SESSION SIXTY-FIRST LEGISLATURE The Certificate of Appointment was ordered filed in the office of the Chief Clerk. The Speaker announced the oath of office had previously been administered to Amy Herzfeld. FIFTEENTH LEGISLATIVE DAY Report of Standing Committees MONDAY, JANUARY 24, 2011 January 24, 2011 Mr. Speaker: House of Representatives We, your COMMITTEE ON JUDICIARY, RULES, AND ADMINISTRATION , report that we have printed H 32 and The House convened at 11 a.m., the Speaker in the Chair. H 33 . WILLS, Chairman Roll call showed 67 members present. H 32 was referred to the State Affairs Committee. Absent and excused – Anderson, Killen, Smith(30). Total – 3. Total – 70. H 33 was referred to the Judiciary, Rules, and Administration Committee. Prayer was offered by Chaplain Tom Dougherty. January 24, 2011 The Pledge of Allegiance was led by Saige Benjamin, Page. Mr. Speaker: We, your COMMITTEE ON REVENUE AND TAXATION , report that we have had under consideration H 11, H 12, and Approval of Journal H 13 and recommend that they do pass. January 24, 2011 LAKE, Chairman Mr. Speaker: H 11, H 12, and H 13 were filed for second reading. We, your COMMITTEE ON JUDICIARY, RULES, AND ADMINISTRATION, report that we have read and approved the There being no objection, the House advanced to the Eighth House Journal of the Twelfth Legislative Day and recommend Order of Business. that same be adopted as corrected. WILLS, Chairman Introduction, First Reading, and Reference of Bills and Joint Resolutions Mr. Wills moved that the report be adopted. Seconded by Mr. Burgoyne. Report adopted. HOUSE BILL NO. 34 BY STATE AFFAIRS COMMITTEE Consideration of Messages from the AN ACT Governor and the Senate RELATING TO THE CAPITOL COMMISSION; THE OFFICE OF THE GOVERNOR AMENDING SECTION 67-1607, IDAHO CODE, TO EXECUTIVE DEPARTMENT REVISE THE NUMBER OF REQUIRED MEETINGS THE BOISE, IDAHO COMMISSION IS TO HOLD ANNUALLY AND TO MAKE A CODIFIER'S CORRECTION; AMENDING SECTION 67-1608, CERTIFICATE OF APPOINTMENT IDAHO CODE, TO REVISE POWERS AND DUTIES OF THE CAPITOL COMMISSION; AND REPEALING SECTION KNOW ALL MEN, by these Presents that Grant Burgoyne, 67-1609, IDAHO CODE, RELATING TO ARCHITECT OF State Representative, District 16, House Seat A, Ada County, THE CAPITOL BUILDING. State of Idaho, pursuant to the provisions of Section 59-917, Idaho Code, has nominated Amy Herzfeld of Boise, Idaho, to H 34 was introduced, read the first time by title, and referred perform the duties of this office temporarily as Acting State to the Judiciary, Rules, and Administration Committee for Representative. printing. NOW, THEREFORE, I, C.L. "BUTCH" OTTER, Governor of the State of Idaho, by virtue of the authority vested in me by There being no objection, the House advanced to the Section 59-917, Idaho Code, do hereby appoint Amy Herzfeld, Eleventh Order of Business. Acting State Representative, District 16, House Seat A, Ada County, State of Idaho, for a term commencing on January Third Reading of Bills and Joint Resolutions 24, 2011, and continuing until the incumbent shall resume the Mr. Moyle asked unanimous consent that H 6 retain its place performance of the duties or a vacancy occurs in such office. on the Third Reading Calendar for one legislative day. There IN TESTIMONY WHEREOF, I have hereunto set my hand being no objection, it was so ordered. and caused to be affixed the Great Seal of the State of Idaho. Done at Boise, the Capital of Idaho, this 21st day of January, H 7 was read the third time at length, section by section, and in the year of our Lord two thousand and eleven and of the placed before the House for final consideration. 32 HOUSE JOURNAL January 24, 2011]

At this time, the Speaker recognized Ms. Ellsworth to open McGeachin, McMillan, Moyle, Nesset, Nielsen, Nonini, debate. Palmer, Patrick, Pence, Perry, Raybould, Ringo, Roberts, Rusche, Schaefer, Shepherd, Shirley, Simpson, Sims, Smith(24), The question being, "Shall H 7 pass?" Stevenson, Takasugi(Batt), Thayn, Thompson, Trail, Vander Woude, Wills, Wood(27), Wood(35), Mr. Speaker. Total – 67. Roll call resulted as follows: NAYS – None. AYES – Andrus, Barbieri, Barrett, Bateman, Bayer, Bedke, Absent and excused – Anderson, Killen, Smith(30). Total – 3. Bell, Bilbao, Black, Block, Bolz, Boyle, Buckner-Webb, Total – 70. Burgoyne(Herzfeld), Chadderdon(Chadderdon), Chew, Collins, Crane, Cronin, DeMordaunt, Ellsworth, Eskridge, Gibbs, Whereupon the Speaker declared that H 10 passed the House. Guthrie, Hagedorn, Hartgen, Harwood, Henderson, Higgins, Title was approved and the bill ordered transmitted to the Senate. Jaquet, King, Lacey, Lake, Loertscher, Luker, Marriott, McGeachin, McMillan, Moyle, Nesset, Nonini, Palmer, Patrick, There being no objection, the House advanced to the Pence, Perry, Raybould, Ringo, Roberts, Rusche, Schaefer, Sixteenth Order of Business. Shepherd, Shirley, Simpson, Sims, Smith(24), Stevenson, Takasugi(Batt), Thayn, Thompson, Trail, Vander Woude, Wills, Adjournment Wood(27), Wood(35), Mr. Speaker. Total – 65. Mr. Moyle moved that the House adjourn until 10:30 a.m., NAYS – Hart, Nielsen. Total – 2. Tuesday, January 25, 2011. Seconded by Mr. Rusche. Motion Absent and excused – Anderson, Killen, Smith(30). Total – 3. carried. Total – 70. Whereupon the Speaker declared the House adjourned at Whereupon the Speaker declared that H 7 passed the House. 11:21 a.m. Title was approved and the bill ordered transmitted to the Senate. LAWERENCE DENNEY, Speaker ATTEST: H 8 was read the third time at length, section by section, and BONNIE ALEXANDER, Chief Clerk placed before the House for final consideration. At this time, the Speaker recognized Mr. Smith(24) to open debate. The question being, "Shall H 8 pass?"

Roll call resulted as follows: AYES – Andrus, Barbieri, Barrett, Bateman, Bayer, Bedke, Bell, Bilbao, Black, Block, Bolz, Boyle, Buckner-Webb, Burgoyne(Herzfeld), Chadderdon(Chadderdon), Chew, Collins, Crane, Cronin, DeMordaunt, Ellsworth, Eskridge, Gibbs, Guthrie, Hagedorn, Hart, Hartgen, Harwood, Henderson, Higgins, Jaquet, King, Lacey, Lake, Loertscher, Luker, Marriott, McGeachin, McMillan, Moyle, Nesset, Nielsen, Nonini, Palmer, Patrick, Pence, Perry, Raybould, Ringo, Roberts, Rusche, Schaefer, Shepherd, Shirley, Simpson, Sims, Smith(24), Stevenson, Takasugi(Batt), Thayn, Thompson, Trail, Vander Woude, Wills, Wood(27), Wood(35), Mr. Speaker. Total – 67. NAYS – None. Absent and excused – Anderson, Killen, Smith(30). Total – 3. Total – 70. Whereupon the Speaker declared that H 8 passed the House. Title was approved and the bill ordered transmitted to the Senate.

H 10 was read the third time at length, section by section, and placed before the House for final consideration. At this time, the Speaker recognized Mr. Bayer to open debate. The question being, "Shall H 10 pass?"

HOUSE JOURNAL fall of 1961, the inaugural group of volunteers departed to serve in Ghana and Tanzania. Since 1961, more than 170,000 Americans OF THE have joined the Peace Corps, ranging in age from 18 to 86; and WHEREAS, March 2, 2011, marks the 50th anniversary of the Peace Corps. Today, the Peace Corps Act mandate remains IDAHO LEGISLATURE the same as it was 50 years ago, to "promote world peace and friendship" through three goals of helping the people of interested FIRST REGULAR SESSION countries and areas in meeting their needs for trained men and SIXTY-FIRST LEGISLATURE women, helping promote a better understanding of Americans on the part of the peoples served, and helping promote a better understanding of other peoples on the part of Americans; and WHEREAS, the Peace Corps actively recruits volunteers with a variety of backgrounds and experiences to best share our SIXTEENTH LEGISLATIVE DAY nation's greatest resource - its people - with the communities TUESDAY, JANUARY 25, 2011 where volunteers serve around the globe. Volunteers serve in the areas of education, youth and community development, health, business and information and communication technology, House of Representatives agriculture, environment, HIV/AIDS and food security and have made significant and lasting contributions in those areas, The House convened at 10:30 a.m., the Speaker in the Chair. improving the lives of individuals and communities where they Roll call showed all 70 members present. serve; and WHEREAS, the Peace Corps has become an enduring Prayer was offered by Chaplain Tom Dougherty. symbol of our nation's commitment to encourage progress, create opportunity, and expand development at the grass roots level in The Pledge of Allegiance was led by Hannah Joy Coad, Page. the developing world; and Approval of Journal WHEREAS, Peace Corps volunteers, enriched by their experiences overseas, have also brought their communities January 25, 2011 throughout the United States a deeper understanding of other Mr. Speaker: cultures and traditions, thereby bringing a domestic dividend to We, your COMMITTEE ON JUDICIARY, RULES, AND our nation; and ADMINISTRATION, report that we have read and approved the WHEREAS, since its inception, there have been 1,347 House Journal of the Fifteenth Legislative Day and recommend Peace Corps volunteers from the state of Idaho with many that same be adopted as corrected. volunteers coming from the various colleges and universities WILLS, Chairman including the University of Idaho, North Idaho College, Lewis Mr. Wills moved that the report be adopted. Seconded by Clark State College, Boise State University, College of Idaho, Mr. Burgoyne. Report adopted. Northwest Nazarene College, College of Southern Idaho, Idaho State University and BYU Idaho. There being no objection, the House advanced to the Fifth NOW, THEREFORE, BE IT PROCLAIMED by the Order of Business. members of the House of Representatives assembled in the First Regular Session of the Sixty-first Idaho Legislature, that we congratulate and commend the Peace Corps volunteers for 50 Report of Standing Committees years of service and contributions that have positively affected January 25, 2011 many lives as well as for their inspiration for the next generation Mr. Speaker: of volunteers promoting peace and friendship around the world. We, your COMMITTEE ON JUDICIARY, RULES, AND BE IT FURTHER RESOLVED that we support the agency's ADMINISTRATION, report that we have printed H 34. mission and legacy of service by honoring those who have served WILLS, Chairman from the state of Idaho, as well as all those who have served from across the nation. H 34 was referred to the State Affairs Committee. HP 1 was introduced, read the first time by title, and There being no objection, the House advanced to the Seventh referred to the Judiciary, Rules, and Administration Committee Order of Business. for printing.

Motions, Memorials, and Resolutions Introduction, First Reading, and Reference of Bills and Joint Resolutions HOUSE PROCLAMATION NO. 1 BY EDUCATION COMMITTEE A PROCLAMATION HOUSE BILL NO. 35 COMMENDING PEACE CORPS VOLUNTEERS FROM BY REVENUE AND TAXATION COMMITTEE THE STATE OF IDAHO AS WELL AS ALL VOLUNTEERS AN ACT ACROSS THE NATION. RELATING TO COOPERATIVE SERVICE AGENCIES; We, the members of the House of Representatives of the State AMENDING SECTION 33-317A, IDAHO CODE, TO of Idaho assembled in the First Regular Session of the Sixty-first PROVIDE THAT CERTAIN FACILITIES CONSTRUCTED Idaho Legislature, do hereby proclaim: SHALL BE FINANCED FROM PROPERTY TAXES AND TO WHEREAS, on March 1, 1961, President John F. Kennedy PROVIDE THAT NO DEBT SHALL BE INCURRED IN THE signed an executive order establishing the Peace Corps and in the CONSTRUCTION OF SUCH FACILITIES. 34 HOUSE JOURNAL January 25, 2011]

HOUSE BILL NO. 36 HOUSE BILL NO. 40 BY EDUCATION COMMITTEE BY ENVIRONMENT, ENERGY, AND TECHNOLOGY AN ACT COMMITTEE RELATING TO EDUCATION; AMENDING SECTION AN ACT 33-2401, IDAHO CODE, TO REVISE DEFINITIONS; RELATING TO THE BURNING OF CROP RESIDUE; AMENDING SECTION 33-2402, IDAHO CODE, TO REVISE AMENDING SECTION 39-114, IDAHO CODE, TO PROVIDE PROVISIONS RELATING TO THE REGISTRATION OF AN EXCEPTION TO THE IMPOSITION OF A SPECIFIED POSTSECONDARY EDUCATIONAL INSTITUTIONS; FEE. AMENDING SECTION 33-2403, IDAHO CODE, TO REVISE PROVISIONS RELATING TO THE REGISTRATION OF HOUSE BILL NO. 41 PROPRIETARY SCHOOLS AND TO REVISE PROVISIONS BY ENVIRONMENT, ENERGY, AND TECHNOLOGY RELATING TO EXEMPTIONS; AMENDING SECTION COMMITTEE 33-2404, IDAHO CODE, TO PROVIDE THAT A STUDENT AN ACT MAY BRING AN ACTION; AMENDING SECTION 33-2406, RELATING TO UNDERGROUND STORAGE TANKS; IDAHO CODE, TO PROVIDE THAT THE BOARD MAY AMENDING SECTION 39-8811, IDAHO CODE, TO PERMIT THE DIRECTOR TO ACCEPT FROM CERTAIN PROVIDE FOR CERTAIN MONETARY PENALTIES PROPRIETARY SCHOOLS CERTAIN BONDS AND TO FOR SPECIFIED VIOLATIONS AND DECLARING AN PROVIDE THAT THE DIRECTOR MAY SUBMIT A EMERGENCY. DEMAND UPON THE SURETY ON THE BOND ON BEHALF OF A STUDENT OR STUDENTS IN CERTAIN SITUATIONS; HOUSE BILL NO. 42 AMENDING CHAPTER 24, TITLE 33, IDAHO CODE, BY BY ENVIRONMENT, ENERGY, AND TECHNOLOGY THE ADDITION OF A NEW SECTION 33-2407, IDAHO COMMITTEE CODE, TO PROVIDE FOR POWERS AND DUTIES OF THE AN ACT DIRECTOR; AMENDING CHAPTER 24, TITLE 33, IDAHO RELATING TO WATER QUALITY; AMENDING CODE, BY THE ADDITION OF A NEW SECTION 33-2408, SECTION 39-3602, IDAHO CODE, TO DEFINE A IDAHO CODE, TO PROVIDE FOR REMEDIES, TO PROVIDE TERM AND TO REMOVE A DEFINITION; AMENDING FOR A HEARING, TO PROVIDE FOR CIVIL PENALTIES SECTION 39-3623, IDAHO CODE, TO PROVIDE FOR AND TO PROVIDE THAT A COURT MAY ENTER AN THE APPROVAL OF CERTAIN RULES RELATING TO ORDER TO RECOVER COSTS; AND AMENDING SECTION OUTSTANDING RESOURCE WATERS; AND DECLARING 33-2409, IDAHO CODE, TO PROVIDE FOR CRIMINAL AN EMERGENCY. PENALTIES. HOUSE BILL NO. 43 BY TRANSPORTATION AND DEFENSE COMMITTEE HOUSE BILL NO. 37 AN ACT BY RINGO RELATING TO THE MILITARY DIVISION; AMENDING AN ACT SECTION 46-1103, IDAHO CODE, TO PROVIDE THAT RELATING TO TAXATION; AMENDING SECTION FOR CERTAIN PURPOSES MEMBERS OF THE IDAHO 63-3048, IDAHO CODE, TO REMOVE THE MONETARY MILITARY SHALL BE CONSIDERED TO BE IN A DUTY REQUIREMENT ON APPLICABILITY OF THE STATE STATUS AT ALL TIMES. ON ADJUSTED OR COMPROMISED CASES, TO REQUIRE INCREASED INVOLVEMENT OF STATE TAX HOUSE BILL NO. 44 COMMISSIONERS AND AUDIT STAFF IN FINALIZING BY TRANSPORTATION AND DEFENSE COMMITTEE SETTLEMENT AND CLOSING AGREEMENTS, TO AN ACT REQUIRE CERTAIN WRITTEN DETAIL IN SETTLEMENT RELATING TO THE MILITARY DIVISION; AMENDING AND CLOSING AGREEMENTS AND TO REQUIRE SECTION 46-112, IDAHO CODE, TO REVISE DUTIES OF CERTAIN WRITTEN DETAIL IN ANNUAL REPORTS TO THE ADJUTANT GENERAL. THE LEGISLATURE. HOUSE BILL NO. 45 HOUSE BILL NO. 38 BY TRANSPORTATION AND DEFENSE COMMITTEE BY AGRICULTURAL AFFAIRS COMMITTEE AN ACT AN ACT RELATING TO SPECIAL MOTOR VEHICLE LICENSE RELATING TO ORGANIC FOOD PRODUCTS; PLATES; AMENDING SECTION 49-402, IDAHO CODE, TO AMENDING SECTION 22-1103, IDAHO CODE, TO DELETE PROVIDE A CODE REFERENCE; AMENDING CHAPTER A CERTIFICATE ISSUANCE RESTRICTION RELATING TO 4, TITLE 49, IDAHO CODE, BY THE ADDITION OF A EDUCATION REQUIREMENTS. NEW SECTION 49-420K, IDAHO CODE, TO ESTABLISH THE IDAHO AVIATION FOUNDATION SPECIAL LICENSE HOUSE BILL NO. 39 PLATE PROGRAM; AND PROVIDING AN EFFECTIVE BY AGRICULTURAL AFFAIRS COMMITTEE DATE. AN ACT RELATING TO SEED CROPS; AMENDING SECTION HOUSE BILL NO. 46 22-5118, IDAHO CODE, TO DELETE REFERENCE TO BY HEALTH AND WELFARE COMMITTEE INSUFFICIENT FUNDS AND TO PROVIDE FOR PAYMENT AN ACT FOR SEED CROPS; AND AMENDING SECTION 22-5126, RELATING TO ACUPUNCTURE; AMENDING IDAHO CODE, TO PROVIDE A LIMITATION RELATING SECTION 54-4703, IDAHO CODE, TO PROVIDE THAT TO PAYMENT FROM THE SEED INDEMNITY FUND FOR PERSONS HOLDING AN ACUPUNCTURE TRAINEE SPECIFIED SEED CROPS. PERMIT MAY PRACTICE ACUPUNCTURE ON A [January 25, 2011 HOUSE JOURNAL 35

SUPERVISED, LIMITED BASIS; AMENDING SECTION H 35, H 36, H 37, H 38, H 39, H 40, H 41, H 42, H 43, 54-4705, IDAHO CODE, TO REMOVE REFERENCE TO H 44, H 45, H 46, H 47, H 48, and H 49 were introduced, read A TECHNICIAN CERTIFICATE, TO PROVIDE FOR A the first time by title, and referred to the Judiciary, Rules, and TRAINEE PERMIT AND TO PROVIDE THE BOARD Administration Committee for printing. THE AUTHORITY TO ADOPT RULES REQUIRING CONTINUING EDUCATION AS A CONDITION OF There being no objection, the House advanced to the Tenth CONTINUED CERTIFICATION; AMENDING SECTION Order of Business. 54-4707, IDAHO CODE, TO PROVIDE ADDITIONAL REQUIREMENTS FOR CERTIFICATION; AMENDING Second Reading of Bills and Joint Resolutions SECTION 54-4708, IDAHO CODE, TO REMOVE H 11, H 12, and H 13, by Revenue and Taxation Committee, PROVISIONS RELATING TO AN ACUPUNCTURE were read the second time by title and filed for third reading. TECHNICIAN CERTIFICATE AND TO PROVIDE PROVISIONS FOR AN ACUPUNCTURE TRAINEE PERMIT; Third Reading of Bills and Joint Resolutions AMENDING CHAPTER 47, TITLE 54, IDAHO CODE, BY THE ADDITION OF A NEW SECTION 54-4708A, H 6 was read the third time at length, section by section, and IDAHO CODE, TO PROVIDE FOR THE RETENTION AND placed before the House for final consideration. RENEWAL OF CERTAIN ACUPUNCTURE TECHNICIAN CERTIFICATES AND TO PROVIDE THAT NO NEW At this time, the Speaker recognized Mr. Barbieri to open TECHNICIAN CERTIFICATES SHALL BE ISSUED ON debate. AND AFTER JULY 1, 2011; AMENDING SECTION 54-4710, IDAHO CODE, TO REVISE PROVISIONS The question being, "Shall H 6 pass?" RELATING TO FEES AND TO MAKE A TECHNICAL CORRECTION; AMENDING SECTION 54-4711, IDAHO Roll call resulted as follows: CODE, TO REVISE PROVISIONS RELATING TO THE AYES – Anderson, Andrus, Barbieri, Barrett, Bateman, SUSPENSION AND REVOCATION OF A LICENSE, Bayer, Bedke, Bell, Bilbao, Black, Block, Bolz, Boyle, CERTIFICATION OR PERMIT AND TO MAKE A Buckner-Webb, Burgoyne(Herzfeld), Chadderdon(Chadderdon), TECHNICAL CORRECTION; AMENDING SECTION Chew, Collins, Crane, Cronin, DeMordaunt, Ellsworth, Eskridge, 54-4712, IDAHO CODE, TO PROVIDE THAT A PERSON Gibbs, Guthrie, Hagedorn, Hart, Hartgen, Harwood, Henderson, GRANTED AN ACUPUNCTURE TRAINEE PERMIT MAY Higgins, Jaquet, Killen, King, Lacey, Lake, Loertscher, Luker, USE CERTAIN TITLES; AND AMENDING SECTION Marriott, McGeachin, McMillan, Moyle, Nesset, Nielsen, 54-4713, IDAHO CODE, TO REVISE PROVISIONS Nonini, Palmer, Patrick, Pence, Perry, Raybould, Ringo, Roberts, RELATING TO AN UNLAWFUL METHOD, ACT OR Rusche, Schaefer, Shepherd, Shirley, Simpson, Sims, Smith(30), PRACTICE AND TO MAKE A TECHNICAL CORRECTION. Smith(24), Stevenson, Takasugi(Batt), Thayn, Thompson, Trail, Vander Woude, Wills, Wood(27), Wood(35), Mr. Speaker. HOUSE BILL NO. 47 Total – 70. BY HEALTH AND WELFARE COMMITTEE NAYS – None. AN ACT Whereupon the Speaker declared that H 6 passed the House. RELATING TO THE SPEECH AND HEARING Title was approved and the bill ordered transmitted to the Senate. SERVICES PRACTICE ACT; AMENDING SECTION 54-2918, IDAHO CODE, TO REMOVE AN EXCEPTION TO There being no objection, the House advanced to the LICENSURE REQUIREMENTS AND TO PROVIDE FOR A Sixteenth Order of Business. LICENSE BY ENDORSEMENT; AND AMENDING SECTION 54-2927, IDAHO CODE, TO PROVIDE PROVISIONS Adjournment RELATING TO THE UNLAWFUL PRACTICE OF HEARING AID DEALING AND FITTING. Mr. Moyle moved that the House adjourn until 11 a.m., Wednesday, January 26, 2011. Seconded by Mr. Rusche. Motion HOUSE BILL NO. 48 carried. BY HEALTH AND WELFARE COMMITTEE AN ACT Whereupon the Speaker declared the House adjourned at RELATING TO THE IDAHO RESIDENTIAL CARE 10:48 a.m. ADMINISTRATION ACT; AMENDING SECTION 54-4204, LAWERENCE DENNEY, Speaker IDAHO CODE, TO REMOVE OBSOLETE LANGUAGE AND ATTEST: TO REVISE BOARD MEMBER COMPENSATION. BONNIE ALEXANDER, Chief Clerk HOUSE BILL NO. 49 BY HEALTH AND WELFARE COMMITTEE AN ACT RELATING TO THE IDAHO RESIDENTIAL CARE ADMINISTRATORS ACT; AMENDING SECTION 54-4206, IDAHO CODE, TO REVISE THE EDUCATION AND EXPERIENCE REQUIREMENTS FOR AN APPLICANT SEEKING LICENSURE AS A RESIDENTIAL CARE FACILITY ADMINISTRATOR AND TO PROVIDE AN EXCEPTION TO THE EXPERIENCE REQUIREMENTS. 36 HOUSE JOURNAL January 26, 2011]

HOUSE JOURNAL January 25, 2011 Mr. Speaker: OF THE We, your COMMITTEE ON EDUCATION, report that we have had under consideration H 21 and H 20 and recommend that they do pass. IDAHO LEGISLATURE NONINI, Chairman FIRST REGULAR SESSION H 21 and H 20 were filed for second reading. SIXTY-FIRST LEGISLATURE January 26, 2011 Mr. Speaker: We, your COMMITTEE ON REVENUE AND TAXATION, report that we have had under consideration H 30 and recommend SEVENTEENTH LEGISLATIVE DAY that it do pass. WEDNESDAY, JANUARY 26, 2011 LAKE, Chairman H 30 was filed for second reading. House of Representatives There being no objection, the House advanced to the Seventh Order of Business. The House convened at 11 a.m., the Speaker in the Chair. Motions, Memorials, and Resolutions Roll call showed 69 members present. Absent and excused – Nielsen. Total – 1. HOUSE CONCURRENT RESOLUTION NO. 3 Total – 70. BY RESOURCES AND CONSERVATION COMMITTEE Prayer was offered by Chaplain Tom Dougherty. A CONCURRENT RESOLUTION STATING FINDINGS OF THE LEGISLATURE AND The Pledge of Allegiance was led by Kami Cole, Page. AUTHORIZING THE LEGISLATIVE COUNCIL TO APPOINT A COMMITTEE TO UNDERTAKE AND Approval of Journal COMPLETE A STUDY OF NATURAL RESOURCE ISSUES. January 26, 2011 Be It Resolved by the Legislature of the State of Idaho: Mr. Speaker: We, your COMMITTEE ON JUDICIARY, RULES, AND WHEREAS, the First Regular Session of the Sixtieth Idaho ADMINISTRATION, report that we have read and approved the Legislature adopted House Concurrent Resolution No. 13 which House Journal of the Sixteenth Legislative Day and recommend authorized the appointment of a committee to undertake and that same be adopted as corrected. complete a two-year study of natural resource issues, including WILLS, Chairman issues relating to water, throughout the state of Idaho; and WHEREAS, the committee's official term expired on Mr. Wills moved that the report be adopted. Seconded by November 30, 2010, and numerous natural resource-related Mr. Burgoyne. Report adopted. issues continue to pose concerns for the future of Idaho and the There being no objection, the House advanced to the Fifth quality of life our citizens enjoy; and Order of Business. WHEREAS, issues of continued concern include, but are not limited to, stabilization of the water distribution system, the Report of Standing Committees status of aquifers throughout the state, management of wolves in Idaho, and the study of the implementation of the Comprehensive January 26, 2011 Aquifer Management Plan for the Eastern Snake Plain Aquifer. Mr. Speaker: NOW, THEREFORE, BE IT RESOLVED by the members We, your COMMITTEE ON JUDICIARY, RULES, AND of the First Regular Session of the Sixty-first Idaho Legislature, ADMINISTRATION, report that we have printed HP 1, H 35, the House of Representatives and the Senate concurring therein, H 36, H 37, H 38, H 39, H 40, H 41, H 42, H 43, H 44, H 45, that the Legislative Council is authorized to appoint a committee H 46, H 47, H 48, and H 49. to undertake and complete a study of natural resource issues of WILLS, Chairman importance to the state of Idaho. The committee shall consist of HP 1 and H 36 were referred to the Education Committee. ten legislators, with five from the Senate and five from the House of Representatives. The Legislative Council shall authorize the H 35 and H 37 were referred to the Revenue and Taxation committee to receive input, advice and assistance from interested Committee. and affected parties who are not members of the Legislature. BE IT FURTHER RESOLVED that the Legislative Council H 38 and H 39 were referred to the Agricultural Affairs is authorized to also appoint ad hoc legislative members to serve Committee. on the committee. BE IT FURTHER RESOLVED that the cochairmen of the H 40, H 41, and H 42 were referred to the Environment, committee are authorized to appoint advisors with technical Energy, and Technology Committee. expertise in the water supply arena and are expected to receive H 43, H 44, and H 45 were referred to the Transportation input from stakeholders in the water rights system of Idaho to and Defense Committee. attempt to stabilize the water delivery system in this state. BE IT FURTHER RESOLVED that any advisors to the H 46, H 47, H 48, and H 49 were referred to the Health and committee who are not legislative members shall not be Welfare Committee. reimbursed from legislative funds for per diem, mileage or other [January 26, 2011 HOUSE JOURNAL 37 expenses and shall not have voting privileges regarding the its governmental interest as applied to the person is of the committee's recommendations and proposed legislation. highest order and not otherwise served. BE IT FURTHER RESOLVED that the committee shall SECTION THREE. No treaty may be adopted nor shall make a progress report to the Second Regular Session of the any source of international law be employed to supersede, Sixty-first Idaho Legislature and shall make a report detailing its modify, interpret or apply to the rights guaranteed by this findings, recommendations and proposed legislation, if any, to article; and the First Regular Session of the Sixty-second Idaho Legislature. WHEREAS, this amendment will add explicit text to the Constitution of the United States to protect in perpetuity the HOUSE JOINT MEMORIAL NO. 1 rights of parents as they are now enjoyed, without substantive BY EDUCATION COMMITTEE change to current state or federal laws respecting these rights; A JOINT MEMORIAL and TO THE SENATE AND HOUSE OF REPRESENTATIVES WHEREAS, such enumeration of these rights in the text of OF THE UNITED STATES IN CONGRESS ASSEMBLED, TO the Constitution will preserve them from being infringed upon THE CONGRESSIONAL DELEGATION REPRESENTING by the shifting ideologies and interpretations of the United States THE STATE OF IDAHO IN THE CONGRESS OF THE Supreme Court; and UNITED STATES AND TO THE LEGISLATURES OF THE WHEREAS, such enumeration of these rights in the text of SEVERAL STATES. the Constitution will preserve them from being infringed upon by We, your Memorialists, the House of Representatives treaty or international law. and the Senate of the State of Idaho assembled in the First NOW, THEREFORE, BE IT RESOLVED by the members Regular Session of the Sixty-first Idaho Legislature, do hereby of the First Regular Session of the Sixty-first Idaho Legislature, respectfully represent that: the House of Representatives and the Senate concurring therein, WHEREAS, the right of parents to direct the upbringing and that we hereby affirm the Parental Rights Amendment to the education of their children is a fundamental right protected by the United States Constitution as presented to the United States Constitution of the United States and the State of Idaho; and Congress by Senator James DeMint of the state of South Carolina WHEREAS, our nation has historically relied first and and Representative Peter Hoekstra of the state of Michigan and foremost on parents to meet the real and constant needs of as referenced herein. children; and BE IT FURTHER RESOLVED that the Legislature of the WHEREAS, the interests of children are best served when state of Idaho urges the members of the United States Congress parents are free to make child rearing decisions about education, to propose the Parental Rights Amendment to the states for religion and other areas of a child's life without state interference; ratification. and BE IT FURTHER RESOLVED that the Chief Clerk of the WHEREAS, the United States Supreme Court in Wisconsin House of Representatives be, and she is hereby authorized and v. Yoder (1972), has held that "This primary role of the parents in directed to forward a copy of this Memorial to the President of the upbringing of their children is now established beyond debate the Senate and the Speaker of the House of Representatives of as an enduring American tradition"; and Congress, the congressional delegation representing the State of WHEREAS, however, the United States Supreme Court in Idaho in the Congress of the United States and to the clerk of the Troxel v. Granville (2000), produced six different opinions on legislative body of each of the several states of the United States. the nature and enforceability of parental rights under the United States Constitution; and HCR 3 and HJM 1 were introduced, read the first time by WHEREAS, this decision has created confusion and title, and referred to the Judiciary, Rules, and Administration ambiguity about the fundamental nature of parental rights in the Committee for printing. laws and society of the several states; and WHEREAS, the United Nations Convention on the Rights Introduction, First Reading, and Reference of the Child has been proposed and may soon be considered for of Bills and Joint Resolutions ratification by the United States Senate, which would drastically alter this fundamental right of parents to direct the upbringing of HOUSE BILL NO. 50 their children; and BY STATE AFFAIRS COMMITTEE WHEREAS, this convention has already been acceded to AN ACT by 194 nations worldwide and has already been cited by United RELATING TO LOCAL LAND USE PLANNING; States courts as "customary international law"; and AMENDING SECTION 67-6519, IDAHO CODE, TO WHEREAS, international influence is being exerted on PROVIDE THAT A GOVERNING BOARD MAY SET the United States Supreme Court, as demonstrated in Roper v. THE PROCEDURE BY WHICH APPLICATIONS ARE Simmons (2005), where "the court referred to the laws of other PROCESSED AND RECOMMENDATIONS OR DECISIONS countries and to the international authorities as instructive for its RENDERED. interpretation ..." of the United States Constitution; and WHEREAS, Senator James DeMint of the state of South HOUSE BILL NO. 51 Carolina and Representative Peter Hoekstra of the state of BY EDUCATION COMMITTEE Michigan have introduced in the United States Congress an AN ACT amendment to the United States Constitution to prevent erosion RELATING TO EDUCATION; AMENDING SECTION of the enduring American tradition of treating parental rights as 33-1218, IDAHO CODE, TO ELIMINATE CERTAIN fundamental rights: LANGUAGE RELATING TO REGULATIONS FOR PROOF SECTION ONE. The liberty of parents to direct the OF ILLNESS. upbringing and education of their children is a fundamental right. HOUSE BILL NO. 52 SECTION TWO. Neither the United States nor any state BY RESOURCES AND CONSERVATION COMMITTEE shall infringe upon this right without demonstrating that AN ACT 38 HOUSE JOURNAL January 26, 2011]

RELATING TO GEOTHERMAL RESOURCES; OF MANAGERS, TO PROVIDE DUTIES OF MANAGERS, AMENDING SECTION 47-1601, IDAHO CODE, TO PROVIDE NOTICE AND QUORUM REQUIREMENTS TO AUTHORIZE THE STATE BOARD OF LAND FOR MEETINGS OF MANAGERS, TO PROVIDE FOR THE COMMISSIONERS TO ISSUE GEOTHERMAL RESOURCE RIGHT OF MEMBERS OR MANAGERS TO INFORMATION, LEASES FOR TERMS OF UP TO FORTY-NINE YEARS ON TO PROVIDE A PROHIBITION ON DISTRIBUTIONS WITH CERTAIN STATE OR SCHOOL LANDS AND TO DELETE EXCEPTIONS, TO PROVIDE FOR REIMBURSEMENT, REFERENCE TO OTHER TERM OF LEASE PROVISIONS. INDEMNIFICATION AND ADVANCEMENT OF EXPENSES FOR MEMBERS AND MANAGERS, TO PROVIDE FOR HOUSE BILL NO. 53 DISSOLUTION, TO PROVIDE FOR WINDING UP AND BY RESOURCES AND CONSERVATION COMMITTEE TERMINATION, TO PROVIDE FOR MERGERS, TO AN ACT PROVIDE FOR TRANSITION CONCERNING REAL AND RELATING TO GEOTHERMAL RESOURCE LEASES; PERSONAL PROPERTY, TO PROVIDE FOR UNIFORMITY AMENDING SECTION 47-1605, IDAHO CODE, TO OF APPLICATION AND CONSTRUCTION, TO PROVIDE DELETE CERTAIN ROYALTY PROVISIONS, TO REVISE FOR THE RELATION TO THE ELECTRONIC SIGNATURES PROVISIONS RELATING TO THE MANNER OF FIXING IN GLOBAL AND NATIONAL COMMERCE ACT AND TO RENTALS AND TO PROVIDE FOR ROYALTIES. PROVIDE A SAVINGS CLAUSE.

HOUSE BILL NO. 54 HOUSE BILL NO. 56 BY RESOURCES AND CONSERVATION COMMITTEE BY RESOURCES AND CONSERVATION COMMITTEE AN ACT AN ACT RELATING TO GEOTHERMAL LEASES; AMENDING RELATING TO GEOTHERMAL RESOURCES; SECTION 47-1604, IDAHO CODE, TO REVISE PROVISIONS AMENDING SECTION 47-1608, IDAHO CODE, TO REVISE RELATING TO THE SURFACE AREA OF GEOTHERMAL BOND PROVISIONS RELATING TO DAMAGES TO THE LEASES. LAND SURFACE AND IMPROVEMENTS THEREON, TO PROVIDE FOR BONDS RELATING TO RECLAMATION, HOUSE BILL NO. 55 TO CLARIFY THAT BONDS SHALL NOT DUPLICATE BY BUSINESS COMMITTEE CERTAIN BONDS FOR WELL CLOSURE AND TO DELETE AN ACT CERTAIN BOND PROVISIONS RELATING TO THE RELATING TO THE REVISED UNIFORM COMMENCEMENT OF OPERATIONS FOR THE DRILLING UNINCORPORATED NONPROFIT ASSOCIATION OF GEOTHERMAL RESOURCE WELLS. ACT; AMENDING SECTION 30-402, IDAHO CODE, TO PROVIDE A CORRECT CODE REFERENCE AND HOUSE BILL NO. 57 TO MAKE TECHNICAL CORRECTIONS; REPEALING BY REVENUE AND TAXATION COMMITTEE CHAPTER 7, TITLE 53, IDAHO CODE, REGARDING AN ACT THE UNIFORM UNINCORPORATED NONPROFIT RELATING TO SALES AND USE TAXES; AMENDING ASSOCIATION ACT; AMENDING TITLE 53, IDAHO TITLE 63, IDAHO CODE, BY THE ADDITION OF A NEW CODE, BY THE ADDITION OF A NEW CHAPTER 7, CHAPTER 46, TITLE 63, IDAHO CODE, TO PROVIDE TITLE 53, IDAHO CODE, TO PROVIDE A SHORT TITLE, DEFINITIONS, TO PROVIDE A STATEMENT OF FINDINGS TO DEFINE TERMS, TO PROVIDE FOR RELATION TO AND INTENT, TO PROVIDE DUTIES OF THE STATE OTHER LAW, TO PROVIDE FOR GOVERNING LAW, TAX COMMISSION AND TO PROVIDE FOR PERSONS TO PROVIDE AN UNINCORPORATED NONPROFIT TO CONSULT WITH THE COMMISSION, TO PROVIDE ASSOCIATION AS A LEGAL ENTITY, TO PROVIDE THAT THE AGREEMENT DOES NOT PREEMPT STATE FOR PERPETUAL EXISTENCE, TO PROVIDE FOR LAW, TO PROVIDE FOR PROPOSED LEGISLATION TO PROFIT MAKING WITH LIMITATIONS, TO PROVIDE IMPLEMENT THE PROVISIONS OF THE STREAMLINED FOR OWNERSHIP AND TRANSFER OF PROPERTY, SALES AND USE TAX AGREEMENT AND TO PROVIDE TO PROVIDE FOR STATEMENTS OF AUTHORITY AS FOR DISTRIBUTION OF THE PROPOSED LEGISLATION. TO REAL PROPERTY, TO PROVIDE FOR LIABILITY, TO PROVIDE FOR THE ASSERTION AND DEFENSE HOUSE BILL NO. 58 OF CLAIMS, TO PROVIDE FOR THE EFFECT OF A BY STATE AFFAIRS COMMITTEE JUDGMENT OR AN ORDER, TO PROVIDE FOR THE AN ACT APPOINTMENT OF AN AGENT TO RECEIVE SERVICE RELATING TO CIVIL OFFICES; AMENDING SECTION OF PROCESS, TO PROVIDE FOR SERVICE OF PROCESS, 59-901, IDAHO CODE, TO PROVIDE FOR VACANCIES TO PROVIDE FOR NONABATEMENT OF AN ACTION IN ELECTIVE CIVIL OFFICES UPON THE OCCURRENCE OR PROCEEDING BY CHANGE IN MEMBERS OR OF CERTAIN SPECIFIED CONDITIONS AND TO MAKE MANAGERS, TO PROVIDE FOR VENUE, TO PROVIDE TECHNICAL CORRECTIONS. THAT A MEMBER IS NOT AN AGENT, TO PROVIDE FOR APPROVAL BY MEMBERS FOR CERTAIN ACTIONS, TO PROVIDE FOR MEETINGS BY MEMBERS, TO PROVIDE HOUSE BILL NO. 59 FOR VOTING, NOTICE AND QUORUM REQUIREMENTS, BY STATE AFFAIRS COMMITTEE TO PROVIDE DUTIES OF MEMBERS, TO PROVIDE AN ACT FOR THE ADMISSION, SUSPENSION, DISMISSAL RELATING TO STATE SOVEREIGNTY; PROVIDING OR EXPULSION OF MEMBERS, TO PROVIDE FOR LEGISLATIVE INTENT; AMENDING CHAPTER 90, RESIGNATION OF MEMBERS, TO PROVIDE FOR THE TITLE 39, IDAHO CODE, BY THE ADDITION OF A NONTRANSFERENCE OF MEMBERSHIP INTEREST WITH NEW SECTION 39-9005, IDAHO CODE, TO PROVIDE AN EXCEPTION, TO PROVIDE FOR THE SELECTION OF THAT CERTAIN PUBLIC LAWS ARE DECLARED TO BE MANAGERS, TO PROVIDE FOR MANAGEMENT RIGHTS UNCONSTITUTIONAL AND INVALID IN THE STATE OF [January 26, 2011 HOUSE JOURNAL 39

IDAHO AND SHALL NOT BE RECOGNIZED BY THE REVISE PROVISIONS REGARDING ELECTIONS IN STATE OF IDAHO AND ARE NULL AND VOID AND OF WEATHER MODIFICATION DISTRICTS AND TO MAKE NO EFFECT IN THIS STATE, TO PROVIDE THAT NO A TECHNICAL CORRECTION; AMENDING SECTION DEPARTMENT OR AGENCY OF THE STATE OF IDAHO 31-1410A, IDAHO CODE, TO REVISE PROVISIONS SHALL ESTABLISH ANY PROGRAM, PROMULGATE REGARDING ELECTIONS OF FIRE PROTECTION ANY RULE, POLICY, GUIDELINE OR PLAN OR MAKE DISTRICT COMMISSIONERS; AMENDING SECTION CHANGES TO SUCH TO IMPLEMENT CERTAIN PUBLIC 33-502, IDAHO CODE, TO REVISE WHEN DECLARATION LAWS, TO PROVIDE THAT NO DEPARTMENT, AGENCY, OF CANDIDACIES FOR SCHOOL TRUSTEES SHALL BE PUBLIC OFFICER OR EMPLOYEE OF THE STATE OF FILED AND TO MAKE A TECHNICAL CORRECTION; IDAHO SHALL ENTER INTO ANY MEMORANDUM OR AMENDING SECTION 33-503A, IDAHO CODE, TO REVISE AGREEMENT OR UNDERSTANDING OR ANY OTHER WHEN CERTAIN TRUSTEES OF SCHOOL DISTRICTS SUCH OBLIGATION IN FURTHERANCE OF CERTAIN SHALL SERVE; REPEALING SECTION 33-2717B, IDAHO PUBLIC LAWS, TO PROVIDE THAT NO DEPARTMENT, CODE, RELATING TO WITHDRAWAL OF CANDIDACY AGENCY, PUBLIC OFFICER OR EMPLOYEE OF THE FROM LIBRARY DISTRICT BOARDS; REPEALING STATE OF IDAHO SHALL OFFER ASSISTANCE, SECTION 33-2717C, IDAHO CODE, RELATING TO GUIDELINES OR RESOURCES TO ANY AGENCY, PROCEDURE FOR CORRECTION OF BALLOTS IN OFFICIAL, AGENT OR EMPLOYEE OF THE FEDERAL LIBRARY DISTRICT ELECTIONS; AMENDING SECTION GOVERNMENT IN THE EXECUTION OF CERTAIN 33-2722, IDAHO CODE, TO REVISE WHO CONDUCTS PUBLIC LAWS, TO PROVIDE THAT NO DEPARTMENT LIBRARY DISTRICT ELECTIONS AND TO MAKE A OR AGENCY OF THE STATE OF IDAHO SHALL ACCEPT TECHNICAL CORRECTION; AMENDING SECTION OR EXPEND CERTAIN MONEYS FROM THE FEDERAL 34-102, IDAHO CODE, TO REVISE WHEN THE PRIMARY GOVERNMENT, TO PROVIDE THAT NO PERSON, ELECTION IS HELD; AMENDING SECTION 34-106, EMPLOYEE, EMPLOYER, HEALTH CARE PROVIDER OR IDAHO CODE, TO REVISE WHEN ELECTIONS AND INSURANCE PROVIDER SHALL BE COMPELLED BY THE RECALL ELECTIONS MAY BE HELD AND TO REVISE STATE OF IDAHO, ITS EMPLOYEES OR CONTRACTORS ELECTION FUNDING; AMENDING SECTION 34-717, TO COMPLY WITH CERTAIN PUBLIC LAWS, TO PROVIDE IDAHO CODE, TO REVISE PROVISIONS RELATING TO THAT NO OFFICIAL, AGENT OR EMPLOYEE OF THE WITHDRAWAL OF CANDIDACY; AMENDING SECTION UNITED STATES GOVERNMENT OR ANY EMPLOYEE 34-902, IDAHO CODE, TO REVISE PROVISIONS RELATING OF A CORPORATION PROVIDING SERVICES TO THE TO COUNTY COMMISSIONERS PROVIDING SUFFICIENT UNITED STATES GOVERNMENT SHALL COMPEL ANY BALLOTS AND BALLOT BOXES FOR EACH POLLING IDAHO EMPLOYER TO PURCHASE, OFFER, MAINTAIN PLACE AT ALL ELECTIONS; AMENDING SECTION OR MODIFY A HEALTH INSURANCE PLAN FOR ITS 34-1003, IDAHO CODE, TO REVISE PROVISIONS FOR EMPLOYEES OR REQUIRE ANY IDAHO RESIDENT ISSUANCE OF ABSENTEE BALLOTS; AMENDING TO PURCHASE HEALTH INSURANCE, MAINTAIN SECTION 34-1401, IDAHO CODE, TO REVISE PROVISIONS HEALTH COVERAGE FOR THEIR DEPENDENTS OR FOR ADMINISTRATION OF MUNICIPAL ELECTIONS; PARTICIPATE IN A CERTAIN HEALTH INSURANCE AMENDING SECTION 34-1404, IDAHO CODE, TO PROGRAM OR PROHIBIT, DELAY OR IN ANY WAY REVISE PROVISIONS REGARDING DECLARATION OBSTRUCT THE CONSTRUCTION OR EXPANSION OF A OF CANDIDACY; AMENDING CHAPTER 14, TITLE HOSPITAL OR MEDICAL FACILITY IN THE STATE OF 34, IDAHO CODE, BY THE ADDITION OF A NEW IDAHO OR MANDATE THE CONTENT, COVERAGE OR SECTION 34-1405A, IDAHO CODE, TO PROVIDE FOR BENEFICIARIES OFFERED BY INSURANCE COMPANIES THE WITHDRAWAL OF CANDIDACY; AMENDING IN THE STATE OF IDAHO OR DIRECT ANY DEPARTMENT SECTION 34-1406, IDAHO CODE, TO REVISE PROVISIONS OR AGENCY OF THE STATE OF IDAHO TO IMPLEMENT REGARDING NOTICE OF ELECTION; AMENDING ANY PORTION OF CERTAIN PUBLIC LAWS, TO PROVIDE SECTION 34-1407, IDAHO CODE, TO REVISE PROVISIONS THAT NO JUDGE OF AN IDAHO STATE COURT SHALL REGARDING WRITE-IN CANDIDATES; AMENDING ISSUE CERTAIN ORDERS, TO PROVIDE THAT NO SECTION 34-1410, IDAHO CODE, TO REVISE PROVISIONS FEDERAL OR STATE OFFICIAL, AGENT OR EMPLOYEE REGARDING CANVASSING OF ELECTION RESULTS; OF THE UNITED STATES GOVERNMENT OR AGENT OR AMENDING CHAPTER 14, TITLE 34, IDAHO CODE, BY EMPLOYEE OF THE STATE OF IDAHO SHALL LEVY THE ADDITION OF A NEW SECTION 34-1412, IDAHO OR EXECUTE ON CERTAIN PROPERTY, TO PROVIDE CODE, TO ESTABLISH PROVISIONS FOR TERMS OF FOR A MISDEMEANOR, TO PROVIDE THAT THE OFFICE GOING BEYOND THE NEXT ELECTION DATES; IDAHO ATTORNEY GENERAL MAY PROVIDE LEGAL AMENDING SECTION 39-1330, IDAHO CODE, TO REVISE REPRESENTATION, TO PROVIDE FOR A RIGHT TO A PROVISIONS REGARDING ELECTIONS OF HOSPITAL CIVIL ACTION; AND DECLARING AN EMERGENCY. BOARD MEMBERS; AMENDING SECTION 40-1304, IDAHO CODE, TO REVISE PROVISIONS REGARDING WHEN HIGHWAY DISTRICT COMMISSIONERS TAKE HOUSE BILL NO. 60 OFFICE; AMENDING SECTION 42-3211, IDAHO CODE, BY STATE AFFAIRS COMMITTEE TO REVISE PROVISIONS REGARDING WATER AND AN ACT SEWER DISTRICT ELECTIONS; AMENDING SECTION RELATING TO ELECTION CONSOLIDATION; 50-1026, IDAHO CODE, TO REVISE PROVISIONS AMENDING SECTION 1, CHAPTER 341, LAWS OF 2009, REGARDING CERTAIN CITY BOND ELECTIONS AND TO REVISE HOW APPROPRIATED MONEYS MAY BE TO MAKE A TECHNICAL CORRECTION; AMENDING USED; AMENDING SECTION 22-2721, IDAHO CODE, TO SECTION 67-4911, IDAHO CODE, TO REVISE PROVISIONS REVISE PROVISIONS RELATING TO THE ELECTION REGARDING AUDITORIUM DISTRICT ELECTIONS; OF SOIL CONSERVATION DISTRICT COMMISSIONERS; DECLARING AN EMERGENCY AND PROVIDING AMENDING SECTION 22-4301, IDAHO CODE, TO RETROACTIVE APPLICATION. 40 HOUSE JOURNAL January 26, 2011]

H 50, H 51, H 52, H 53, H 54, H 55, H 56, H 57, H 58, H 13 was read the third time at length, section by section, H 59, and H 60 were introduced, read the first time by title, and and placed before the House for final consideration. referred to the Judiciary, Rules, and Administration Committee for printing. At this time, the Speaker recognized Mr. Lake to open debate. There being no objection, the House advanced to the The question being, "Shall H 13 pass?" Eleventh Order of Business. Roll call resulted as follows: Third Reading of Bills and Joint Resolutions AYES – Anderson, Andrus, Barbieri, Barrett, Bateman, Bayer, Bedke, Bell, Bilbao, Black, Block, Bolz, Boyle, H 11 was read the third time at length, section by section, Buckner-Webb, Burgoyne(Herzfeld), Chadderdon(Chadderdon), and placed before the House for final consideration. Chew, Collins, Crane, Cronin, DeMordaunt, Ellsworth, Eskridge, At this time, the Speaker recognized Mr. Roberts to open Gibbs, Guthrie, Hagedorn, Hart, Hartgen, Harwood, Henderson, debate. Higgins, Jaquet, Killen, King, Lacey, Lake, Loertscher, Luker, Marriott, McGeachin, McMillan, Moyle, Nesset, Nonini, Mr. Roberts asked unanimous consent that, pursuant to Palmer, Patrick, Pence, Perry, Raybould, Ringo, Roberts, Rule 22, discussion of other bills be allowed in debate of H 11. Rusche, Schaefer, Shepherd, Shirley, Simpson, Sims, Smith(30), There being no objection it was so ordered. Smith(24), Stevenson, Takasugi(Batt), Thayn, Thompson, Trail, Vander Woude, Wills, Wood(27), Wood(35), Mr. Speaker. The question being, "Shall H 11 pass?" Total – 69. NAYS – None. Roll call resulted as follows: Absent and excused – Nielsen. Total – 1. AYES – Anderson, Andrus, Barbieri, Barrett, Bateman, Total – 70. Bayer, Bedke, Bell, Bilbao, Black, Block, Bolz, Boyle, Buckner-Webb, Burgoyne(Herzfeld), Chadderdon(Chadderdon), Whereupon the Speaker declared that H 13 passed the House. Chew, Collins, Crane, Cronin, DeMordaunt, Ellsworth, Eskridge, Title was approved and the bill ordered transmitted to the Senate. Gibbs, Guthrie, Hagedorn, Hart, Hartgen, Harwood, Henderson, Higgins, Jaquet, Killen, King, Lacey, Lake, Loertscher, Luker, There being no objection, the House advanced to the Marriott, McGeachin, McMillan, Moyle, Nesset, Nonini, Sixteenth Order of Business. Palmer, Patrick, Pence, Perry, Raybould, Ringo, Roberts, Adjournment Rusche, Schaefer, Shepherd, Shirley, Simpson, Sims, Smith(30), Smith(24), Stevenson, Takasugi(Batt), Thayn, Thompson, Trail, Mr. Moyle moved that the House adjourn until 11 a.m., Vander Woude, Wills, Wood(27), Wood(35), Mr. Speaker. Thursday, January 27, 2011. Seconded by Mr. Rusche. Motion Total – 69. carried. NAYS – None. Absent and excused – Nielsen. Total – 1. Whereupon the Speaker declared the House adjourned at Total – 70. 11:28 a.m. LAWERENCE DENNEY, Speaker Whereupon the Speaker declared that H 11 passed the House. Title was approved and the bill ordered transmitted to the Senate. ATTEST: BONNIE ALEXANDER, Chief Clerk H 12 was read the third time at length, section by section, and placed before the House for final consideration. At this time, the Speaker recognized Mr. Gibbs to open debate. The question being, "Shall H 12 pass?"

Roll call resulted as follows: AYES – Anderson, Andrus, Barbieri, Barrett, Bateman, Bayer, Bedke, Bell, Bilbao, Black, Block, Bolz, Boyle, Buckner-Webb, Burgoyne(Herzfeld), Chadderdon(Chadderdon), Chew, Collins, Crane, Cronin, DeMordaunt, Ellsworth, Eskridge, Gibbs, Guthrie, Hagedorn, Hart, Hartgen, Harwood, Henderson, Higgins, Jaquet, Killen, King, Lacey, Lake, Loertscher, Luker, Marriott, McGeachin, McMillan, Moyle, Nesset, Nonini, Palmer, Patrick, Pence, Perry, Raybould, Ringo, Roberts, Rusche, Schaefer, Shepherd, Shirley, Simpson, Sims, Smith(30), Smith(24), Stevenson, Takasugi(Batt), Thayn, Thompson, Trail, Vander Woude, Wills, Wood(27), Wood(35), Mr. Speaker. Total – 69. NAYS – None. Absent and excused – Nielsen. Total – 1. Total – 70. Whereupon the Speaker declared that H 12 passed the House. Title was approved and the bill ordered transmitted to the Senate. [January 27, 2011 HOUSE JOURNAL 41

HOUSE JOURNAL January 27, 2011 Mr. Speaker: OF THE We, your COMMITTEE ON JUDICIARY, RULES, AND ADMINISTRATION, report that we have had under consideration H 26 and H 27 and recommend that they do pass. IDAHO LEGISLATURE WILLS, Chairman FIRST REGULAR SESSION H 26 and H 27 were filed for second reading. SIXTY-FIRST LEGISLATURE January 27, 2011 Mr. Speaker: We, your COMMITTEE ON STATE AFFAIRS, report that we have had under consideration H 15 and H 34 and recommend EIGHTEENTH LEGISLATIVE DAY that they do pass. THURSDAY, JANUARY 27, 2011 LOERTSCHER, Chairman H 15 and H 34 were filed for second reading. House of Representatives There being no objection, the House advanced to the Eighth Order of Business. The House convened at 11 a.m., the Speaker in the Chair. Introduction, First Reading, and Reference Roll call showed 66 members present. of Bills and Joint Resolutions Absent and excused – Bayer, Bilbao, Black, Henderson. Total – 4. HOUSE BILL NO. 61 Total – 70. BY TRANSPORTATION AND DEFENSE COMMITTEE Prayer was offered by Chaplain Tom Dougherty. AN ACT RELATING TO MOTOR VEHICLES AND CRIMES The Pledge of Allegiance was led by Jakoub Fudge, Page. AND PUNISHMENTS; AMENDING SECTION 18-8002, IDAHO CODE, TO DELETE LANGUAGE RELATING TO A PERSON REFUSING TO SUBMIT TO OR FAILING Approval of Journal TO COMPLETE CERTAIN EVIDENTIARY TESTING, January 27, 2011 TO REVISE A PENALTY PROVISION IF A MOTORIST Mr. Speaker: REFUSES TO SUBMIT TO OR COMPLETE CERTAIN We, your COMMITTEE ON JUDICIARY, RULES, AND EVIDENTIARY TESTING AND TO REVISE PROVISIONS ADMINISTRATION, report that we have read and approved RELATING TO A REQUEST FOR A HEARING; AMENDING the House Journal of the Seventeenth Legislative Day and SECTION 18-8002A, IDAHO CODE, TO DELETE recommend that same be adopted as corrected. LANGUAGE RELATING TO A PERSON REFUSING WILLS, Chairman TO SUBMIT TO OR FAILING TO COMPLETE AND PASS CERTAIN EVIDENTIARY TESTING, TO REVISE Mr. Wills moved that the report be adopted. Seconded by PROVISIONS RELATING TO SERVICE OF SUSPENSION, Mr. Burgoyne. Report adopted. TO REVISE PROVISIONS RELATING TO A PEACE There being no objection, the House advanced to the Fifth OFFICER FORWARDING TO THE DEPARTMENT A Order of Business. COPY OF A COMPLETED NOTICE OF SUSPENSION, TO DELETE REFERENCES TO A TEMPORARY PERMIT AND TO REVISE PROVISIONS RELATING TO AN Report of Standing Committees ORDER VACATING A SUSPENSION; DECLARING AN EMERGENCY AND PROVIDING AN EFFECTIVE DATE. January 27, 2011 Mr. Speaker: HOUSE BILL NO. 62 We, your COMMITTEE ON JUDICIARY, RULES, AND BY AGRICULTURAL AFFAIRS COMMITTEE ADMINISTRATION, report that we have printed HCR 3, AN ACT HJM 1, H 50, H 51, H 52, H 53, H 54, H 55, H 56, H 57, RELATING TO THE BOARD OF VETERINARY H 58, H 59, and H 60. MEDICINE; AMENDING SECTION 54-2105, IDAHO CODE, WILLS, Chairman TO DELETE THE REQUIREMENTS THAT THE BOARD HCR 3 was filed for second reading. REVIEW AND APPROVE APPLICATIONS FOR CERTAIN NATIONAL EXAMINATIONS AND ADMINISTER CERTAIN HJM 1 and H 51 were referred to the Education Committee. NATIONAL EXAMINATIONS. H 50 was referred to the Local Government Committee. HOUSE BILL NO. 63 H 52, H 53, H 54, and H 56 were referred to the Resources BY AGRICULTURAL AFFAIRS COMMITTEE and Conservation Committee. AN ACT RELATING TO VETERINARIANS; AMENDING H 55 was referred to the Business Committee. SECTION 54-2115, IDAHO CODE, TO PROVIDE THAT H 57 was referred to the Ways and Means Committee. CERTAIN VIOLATIONS CONSTITUTING A BREACH OF THE NORTH AMERICAN VETERINARY LICENSING H 58, H 59, and H 60 were referred to the State Affairs EXAMINATION SHALL CONSTITUTE GROUNDS FOR Committee. SPECIFIED DISCIPLINE. 42 HOUSE JOURNAL January 27, 2011]

HOUSE BILL NO. 64 BY AGRICULTURAL AFFAIRS COMMITTEE AN ACT RELATING TO VETERINARIANS; AMENDING SECTION 54-2104, IDAHO CODE, TO PROVIDE AN EXCEPTION TO LICENSURE FOR CERTAIN VETERINARIANS WITH AN ACTIVE LICENSE IN GOOD STANDING FROM ANOTHER STATE FOR THE PRACTICE OF VETERINARY MEDICINE ON ANIMALS IN A COLLECTION OF A PUBLICLY OWNED ZOO, TO PROVIDE CONDITIONS AND TO PROVIDE A TIME LIMIT FOR THE EXEMPTION.

HOUSE BILL NO. 65 BY AGRICULTURAL AFFAIRS COMMITTEE AN ACT RELATING TO THE BOARD OF VETERINARY MEDICINE; AMENDING CHAPTER 21, TITLE 54, IDAHO CODE, BY THE ADDITION OF A NEW SECTION 54-2115A, IDAHO CODE, TO PROVIDE MAXIMUM TIME PERIODS FOR SUSPENSION, REVOCATION AND REAPPLICATION. H 61, H 62, H 63, H 64, and H 65 were introduced, read the first time by title, and referred to the Judiciary, Rules, and Administration Committee for printing. There being no objection, the House advanced to the Tenth Order of Business. Second Reading of Bills and Joint Resolutions H 21 and H 20, by Education Committee, were read the second time by title and filed for third reading. H 30, by Revenue and Taxation Committee, was read the second time by title and filed for third reading. There being no objection, the House advanced to the Sixteenth Order of Business. Adjournment Mr. Moyle moved that the House adjourn until 9 a.m., Friday, January 28, 2011. Seconded by Mr. Rusche. Motion carried. Whereupon the Speaker declared the House adjourned at 11:12 p.m. LAWERENCE DENNEY, Speaker ATTEST: BONNIE ALEXANDER, Chief Clerk [January 28, 2011 HOUSE JOURNAL 43

HOUSE JOURNAL AN EXCEPTION, TO PROVIDE THAT CERTAIN CREDITS ALLOWED SHALL BE INCREASED UNTIL SUCH TIME OF THE AS EACH CREDIT EQUALS NINETY DOLLARS, TO PROVIDE THAT FOR A CERTAIN PERIOD THE AMOUNT OF THE CREDIT SHALL BE NO GREATER THAN THE IDAHO LEGISLATURE CREDIT PROVIDED FOR IN TAX YEAR 2011, AND TO PROVIDE THAT BEGINNING JULY 1, 2012, THE FIRST REGULAR SESSION CREDIT SHALL BE ADJUSTED; AMENDING CHAPTER SIXTY-FIRST LEGISLATURE 36, TITLE 63, IDAHO CODE, BY THE ADDITION OF A NEW SECTION 63-3622VV, IDAHO CODE, TO PROVIDE FOR AN EXEMPTION TO CERTAIN TAXES.

HOUSE BILL NO. 67 NINETEENTH LEGISLATIVE DAY BY JUDICIARY, RULES, AND ADMINISTRATION FRIDAY, JANUARY 28, 2011 COMMITTEE AN ACT RELATING TO DISPOSITIONS OF FINES, House of Representatives FORFEITURES, AND COSTS; AMENDING SECTION The House convened at 9 a.m., the Speaker in the Chair. 19-4708, IDAHO CODE, TO ALLOW THE SUPREME COURT TO ENTER INTO CERTAIN CONTRACTS FOR Roll call showed 62 members present. COLLECTION SERVICES FOR DEBTS OWED TO COURTS. Absent and excused – Bayer, Black, Killen, Loertscher, Nielsen, Smith(30), Smith(24), Wills. Total – 8. HOUSE BILL NO. 68 Total – 70. BY JUDICIARY, RULES, AND ADMINISTRATION COMMITTEE Prayer was offered by Chaplain Tom Dougherty. AN ACT The Pledge of Allegiance was led by Edward Smith, Page. RELATING TO THE JUDICIAL COUNCIL; AMENDING SECTION 1-2102, IDAHO CODE, TO PROVIDE Approval of Journal ADDITIONAL DUTIES OF THE JUDICIAL COUNCIL AND THE SUPREME COURT AND TO MAKE TECHNICAL January 28, 2011 CORRECTIONS; AND AMENDING SECTION 67-3502, Mr. Speaker: IDAHO CODE, TO PROVIDE THAT THE JUDICIAL We, your COMMITTEE ON JUDICIARY, RULES, AND DEPARTMENT SHALL INCLUDE IN A CERTAIN FILING ADMINISTRATION, report that we have read and approved the THE BUDGET REQUEST OF THE JUDICIAL COUNCIL AS House Journal of the Eighteenth Legislative Day and recommend SUBMITTED BY THE JUDICIAL COUNCIL. that same be adopted as corrected. WILLS, Chairman HOUSE BILL NO. 69 Mr. Wills moved that the report be adopted. Seconded by BY BUSINESS COMMITTEE Mr. Burgoyne. Report adopted. AN ACT RELATING TO ENGINEERS AND LAND SURVEYORS; There being no objection, the House advanced to the Fifth AMENDING SECTION 40-117, IDAHO CODE, TO DEFINE Order of Business. TERMS; AMENDING SECTION 40-119, IDAHO CODE, Report of Standing Committees TO DEFINE A TERM AND TO MAKE A TECHNICAL CORRECTION; AMENDING SECTION 40-120, IDAHO January 28, 2011 CODE, TO DEFINE A TERM; AMENDING CHAPTER 1, Mr. Speaker: TITLE 40, IDAHO CODE, BY THE ADDITION OF A NEW We, your COMMITTEE ON JUDICIARY, RULES, AND SECTION 40-124, IDAHO CODE, TO DEFINE A TERM; ADMINISTRATION, report that we have printed H 61, H 62, AMENDING SECTION 40-209, IDAHO CODE, TO REVISE H 63, H 64, and H 65. PROVISIONS RELATING TO HIGHWAY RIGHT-OF-WAY WILLS, Chairman PLATS; AMENDING SECTION 50-1301, IDAHO CODE, TO DEFINE A TERM, TO REVISE A DEFINITION AND H 61 was referred to the Transportation and Defense TO MAKE TECHNICAL CORRECTIONS; AMENDING Committee. SECTION 50-1302, IDAHO CODE, TO REVISE THE H 62, H 63, H 64, and H 65 were referred to the Agricultural DUTIES OF AN OWNER CREATING A SUBDIVISION AND Affairs Committee. TO MAKE A TECHNICAL CORRECTION; AMENDING SECTION 50-1303, IDAHO CODE, TO REVISE PROVISIONS There being no objection, the House advanced to the Eighth RELATING TO SURVEYS AND MONUMENTS AND TO Order of Business. REVISE TERMINOLOGY; AMENDING SECTION 50-1332, Introduction, First Reading, and Reference IDAHO CODE, TO REVISE TERMINOLOGY; AMENDING of Bills and Joint Resolutions SECTION 54-1202, IDAHO CODE, TO DEFINE TERMS AND TO REVISE A DEFINITION; AMENDING SECTION HOUSE BILL NO. 66 54-1227, IDAHO CODE, TO REVISE THE AUTHORITY BY LUKER AND DUTIES OF PROFESSIONAL LAND SURVEYORS AN ACT AND PROFESSIONAL ENGINEERS IN CONNECTION RELATING TO FOOD TAX CREDITS; AMENDING WITH LAND SURVEYS; AMENDING SECTION 54-1234, SECTION 63-3024A, IDAHO CODE, TO PROVIDE FOR IDAHO CODE, TO PROVIDE ADDITIONAL PROVISIONS 44 HOUSE JOURNAL January 28, 2011]

RELATING TO LIABILITY FOR DEFACING CERTAIN REVISE PROVISIONS RELATING TO THE HIRING AND OBJECTS AND TO INCREASE THE PENALTY AMOUNT EMPLOYMENT OF ELECTRICAL INSPECTORS, TO FOR EACH SUCH OFFENSE; AMENDING SECTION REVISE PROVISIONS RELATING TO A CERTAIN TEST 55-1603, IDAHO CODE, TO DEFINE TERMS AND AND TO DELETE PROVISIONS RELATING TO CERTAIN TO REVISE DEFINITIONS; AMENDING SECTION RULES. 55-1605, IDAHO CODE, TO REMOVE REFERENCE TO PROPERTY CORNER AND REFERENCE MONUMENT HOUSE BILL NO. 74 IN CONNECTION WITH FILINGS AND RECORDINGS; BY BUSINESS COMMITTEE AMENDING SECTION 55-1608, IDAHO CODE, TO AN ACT PROVIDE ADDITIONAL REQUIREMENTS RELATING RELATING TO THE ELECTRICAL BOARD; TO THE RECONSTRUCTION AND REHABILITATION AMENDING SECTION 54-1006, IDAHO CODE, TO REVISE OF MONUMENTS; AMENDING SECTION 55-1613, BOARD MEMBERS' COMPENSATION. IDAHO CODE, TO REVISE THE PROCEDURES AND REQUIREMENTS RELATING TO MONUMENTS DISTURBED BY CONSTRUCTION OR RELATED HOUSE BILL NO. 75 ACTIVITIES; AMENDING SECTION 55-1902, IDAHO BY BUSINESS COMMITTEE CODE, TO DEFINE TERMS, TO REVISE A DEFINITION AN ACT AND TO REMOVE A TERM; AMENDING SECTION RELATING TO THE PLUMBING BOARD; AMENDING 55-1904, IDAHO CODE, TO CLARIFY TERMINOLOGY, SECTION 54-2601, IDAHO CODE, TO PROVIDE THAT TO PROVIDE AN ADDITIONAL BASIS FOR WHICH ALL PLUMBING AND PLUMBING SYSTEMS SHALL BE A RECORD OF SURVEY SHALL BE FILED WITHIN A DESIGNED, CONSTRUCTED, INSTALLED, IMPROVED, CERTAIN TIME FRAME AND TO MAKE TECHNICAL EXTENDED AND ALTERED IN SUBSTANTIAL ACCORD CORRECTIONS; AMENDING SECTION 55-1908, IDAHO WITH THE IDAHO STATE PLUMBING CODE; AND CODE, TO PROVIDE AN ADDITIONAL BASIS FOR AMENDING SECTION 54-2620, IDAHO CODE, TO WHICH A RECORD OF SURVEY IS NOT REQUIRED; AND PROVIDE A CORRECT REFERENCE. AMENDING SECTION 55-1911, IDAHO CODE, TO REVISE PROVISIONS RELATING TO AN ERROR OF CLOSURE AND TO MAKE A TECHNICAL CORRECTION. HOUSE BILL NO. 76 BY COMMERCE AND HUMAN RESOURCES HOUSE BILL NO. 70 COMMITTEE BY BUSINESS COMMITTEE AN ACT AN ACT RELATING TO PUBLIC EMPLOYMENT AND RELATING TO ELECTRICAL APPRENTICES; COVERAGE; AMENDING SECTION 72-205, IDAHO CODE, AMENDING SECTION 54-1007, IDAHO CODE, TO TO REMOVE REFERENCE TO THE STATE INSURANCE REVISE PROVISIONS RELATING TO CERTAIN RULES; FUND. AND AMENDING SECTION 54-1013, IDAHO CODE, TO PROVIDE FOR RENEWAL OF CERTAIN REGISTRATIONS AND TO PROVIDE REQUIREMENTS RELATING TO HOUSE BILL NO. 77 RENEWAL OF CERTAIN REGISTRATIONS. BY COMMERCE AND HUMAN RESOURCES COMMITTEE HOUSE BILL NO. 71 AN ACT BY BUSINESS COMMITTEE RELATING TO THE INDUSTRIAL COMMISSION; AN ACT AMENDING SECTION 72-523, IDAHO CODE, TO REVISE RELATING TO THE IDAHO ELEVATOR SAFETY PROVISIONS RELATING TO THE DEDUCTION OF CODE ACT; AMENDING SECTION 39-8610, IDAHO A CERTAIN PREMIUM TAX AND TO PROVIDE THE CODE, TO REVISE PROVISIONS RELATING TO CERTAIN COMMISSIONERS OF THE INDUSTRIAL COMMISSION TEMPORARY CERTIFICATES. WITH THE AUTHORITY TO WAIVE A CERTAIN PREMIUM TAX. HOUSE BILL NO. 72 BY BUSINESS COMMITTEE H 66, H 67, H 68, H 69, H 70, H 71, H 72, H 73, H 74, H 75, AN ACT H 76, and H 77 were introduced, read the first time by title, and RELATING TO THE HEATING, VENTILATION AND referred to the Judiciary, Rules, and Administration Committee AIR CONDITIONING BOARD; AMENDING SECTION for printing. 54-5004, IDAHO CODE, TO REVISE PROVISIONS RELATING TO BOARD MEMBER TERMS, TO REVISE PROVISIONS RELATING TO COMPOSITION OF THE There being no objection, the House advanced to the Tenth BOARD, TO REVISE PROVISIONS RELATING TO Order of Business. ELECTION OF A BOARD CHAIRMAN, TO PROVIDE FOR A BOARD VICE CHAIRMAN AND TO REVISE BOARD Second Reading of Bills and Joint Resolutions MEMBER COMPENSATION. HCR 3, by Resources and Conservation Committee, was HOUSE BILL NO. 73 read the second time by title and filed for third reading. BY BUSINESS COMMITTEE AN ACT H 26 and H 27, by Judiciary, Rules, and Administration RELATING TO ELECTRICAL INSPECTORS; Committee, were read the second time by title and filed for third AMENDING SECTION 54-1019, IDAHO CODE, TO reading. [January 28, 2011 HOUSE JOURNAL 45

H 15 and H 34, by State Affairs Committee, were read the second time by title and filed for third reading. Third Reading of Bills and Joint Resolutions Mr. Moyle asked unanimous consent that the bills on the Third Reading Calendar retain their places until Monday, January 31, 2011. There being no objection, it was so ordered. There being no objection, the House advanced to the Sixteenth Order of Business. Adjournment Mr. Moyle moved that the House adjourn until 11 a.m., Monday, January 31, 2011. Seconded by Mrs. Higgins. Motion carried. Whereupon the Speaker declared the House adjourned at 9:11 a.m. LAWERENCE DENNEY, Speaker ATTEST: BONNIE ALEXANDER, Chief Clerk 46 HOUSE JOURNAL January 31, 2011]

HOUSE JOURNAL Done at Boise, the Capital of Idaho, this 31st day of January, in the year of our Lord two thousand and eleven and of the OF THE Independence of the United States of America, the two hundred and thirty-fifth year. IDAHO LEGISLATURE /s/ C.L. "BUTCH" OTTER Governor FIRST REGULAR SESSION /s/ BEN T. YSURSA SIXTY-FIRST LEGISLATURE Secretary of State The Certificate of Appointment was ordered filed in the office of the Chief Clerk.

TWENTY-SECOND LEGISLATIVE DAY The Speaker announced the oath of office had previously MONDAY, JANUARY 31, 2011 been administered to Cameron Wheeler. Report of Standing Committees House of Representatives January 31, 2011 Mr. Speaker: The House convened at 11 a.m., the Speaker in the Chair. We, your COMMITTEE ON JUDICIARY, RULES, AND Roll call showed 66 members present. ADMINISTRATION, report that we have printed H 66, H 67, Absent and excused – Black, Nielsen, Schaefer, Smith(30). H 68, H 69, H 70, H 71, H 72, H 73, H 74, H 75, H 76, and Total – 4. H 77. Total – 70. WILLS, Chairman Prayer was offered by Chaplain Tom Dougherty. H 66 was referred to the Revenue and Taxation Committee. The Pledge of Allegiance was led by Nayar Barron, Page. H 67 and H 68 were referred to the Judiciary, Rules, and Administration Committee. Approval of Journal H 69, H 70, H 71, H 72, H 73, H 74, and H 75 were referred January 31, 2011 to the Business Committee. Mr. Speaker: We, your COMMITTEE ON JUDICIARY, RULES, AND H 76 and H 77 were referred to the Commerce and Human ADMINISTRATION, report that we have read and approved the Resources Committee. House Journal of the Nineteenth Legislative Day and recommend that same be adopted as corrected. There being no objection, the House advanced to the WILLS, Chairman Eleventh Order of Business. Mr. Wills moved that the report be adopted. Seconded by Third Reading of Bills and Joint Resolutions Mr. Burgoyne. Report adopted. Mr. Moyle asked unanimous consent that the bills on the Consideration of Messages from the Third Reading Calendar retain their places one legislative day. Governor and the Senate There being no objection, it was so ordered. THE OFFICE OF THE GOVERNOR There being no objection, the House advanced to the EXECUTIVE DEPARTMENT Sixteenth Order of Business. BOISE, IDAHO Adjournment CERTIFICATE OF APPOINTMENT Mr. Moyle moved that the House adjourn until 11 a.m., KNOW ALL MEN, by these Presents that Marc Gibbs, State Tuesday, February 1, 2011. Seconded by Mr. Rusche. Motion Representative, District 31, House Seat A, Bear Lake, Bonneville, carried. Caribou, Franklin and Teton Counties, State of Idaho, pursuant Whereupon the Speaker declared the House adjourned at to the provisions of Section 59-917, Idaho Code, has nominated 11:11 a.m. Cameron Wheeler of Ririe, Idaho, to perform the duties of this LAWERENCE DENNEY, Speaker office temporarily as Acting State Representative. NOW, THEREFORE, I, C.L. "BUTCH" OTTER, Governor ATTEST: of the State of Idaho, by virtue of the authority vested in me BONNIE ALEXANDER, Chief Clerk by Section 59-917, Idaho Code, do hereby appoint Cameron Wheeler, Acting State Representative, District 31, House Seat A, Bear Lake, Bonneville, Caribou, Franklin and Teton Counties, State of Idaho, for a term commencing on Monday, January 31, 2011, and continuing until the incumbent shall resume the performance of the duties or a vacancy occurs in such office. IN TESTIMONY WHEREOF, I have hereunto set my hand and caused to be affixed the Great Seal of the State of Idaho. [February 1, 2011 HOUSE JOURNAL 47

HOUSE JOURNAL Introduction, First Reading, and Reference of Bills and Joint Resolutions OF THE HOUSE BILL NO. 78 BY EDUCATION COMMITTEE IDAHO LEGISLATURE AN ACT RELATING TO EDUCATION AND THE MASTERY FIRST REGULAR SESSION ADVANCEMENT PILOT PROGRAM; AMENDING SIXTY-FIRST LEGISLATURE SECTION 33-1621, IDAHO CODE, TO REVISE PROVISIONS RELATING TO PROGRAM PARTICIPANTS.

HOUSE BILL NO. 79 BY COMMERCE AND HUMAN RESOURCES TWENTY-THIRD LEGISLATIVE DAY COMMITTEE TUESDAY, FEBRUARY 1, 2011 AN ACT RELATING TO THE EMPLOYMENT SECURITY LAW; AMENDING SECTION 72-1347B, IDAHO CODE, TO House of Representatives DELETE LANGUAGE REGARDING AMOUNTS THAT HAVE BEEN OBLIGATED PURSUANT TO LETTERS OF The House convened at 11 a.m., the Speaker in the Chair. INTENT FOR PROPOSED JOB TRAINING PROJECTS THAT Roll call showed 66 members present. IS USED IN CALCULATING THE FUND BALANCE OF Absent and excused – McGeachin, Patrick, Simpson, THE TRAINING FUND AND TO EXTEND THE SUNSET Thompson. Total – 4. PROVISION TO JANUARY 1, 2018. Total – 70. HOUSE BILL NO. 80 Prayer was offered by Chaplain Tom Dougherty. BY COMMERCE AND HUMAN RESOURCES COMMITTEE The Pledge of Allegiance was led by Saige Benjamin, Page. AN ACT RELATING TO THE EMPLOYMENT SECURITY LAW; AMENDING CHAPTER 13, TITLE 72, IDAHO Approval of Journal CODE, BY THE ADDITION OF A NEW SECTION February 1, 2011 72-1312A, IDAHO CODE, TO DEFINE WHEN CORPORATE Mr. Speaker: OFFICERS ARE UNEMPLOYED; AMENDING CHAPTER We, your COMMITTEE ON JUDICIARY, RULES, AND 13, TITLE 72, IDAHO CODE, BY THE ADDITION OF A ADMINISTRATION, report that we have read and approved NEW SECTION 72-1352A, IDAHO CODE, TO ALLOW the House Journal of the Twenty-second Legislative Day and CORPORATIONS TO EXEMPT CORPORATE OFFICERS recommend that same be adopted as corrected. FROM UNEMPLOYMENT INSURANCE COVERAGE; WILLS, Chairman AND AMENDING SECTION 72-1361, IDAHO CODE, TO PROVIDE A CORRECT STATUTORY CITATION. Mr. Wills moved that the report be adopted. Seconded by Mr. Burgoyne. Report adopted. HOUSE BILL NO. 81 There being no objection, the House advanced to the Fifth BY BUSINESS COMMITTEE Order of Business. AN ACT RELATING TO COSMETICIANS; AMENDING SECTION 54-816, IDAHO CODE, TO REVISE PROVISIONS Report of Standing Committees AND TO PROVIDE ADDITIONAL PROVISIONS RELATING January 31, 2011 TO THE BOARD OF COSMETOLOGY'S AUTHORITY TO Mr. Speaker: DISCIPLINE AND TO SANCTION. We, your COMMITTEE ON STATE AFFAIRS, report that we have had under consideration H 60 and recommend that it do HOUSE BILL NO. 82 pass. BY BUSINESS COMMITTEE LOERTSCHER, Chairman AN ACT RELATING TO THE IDAHO REAL ESTATE H 60 was filed for second reading. APPRAISERS ACT; AMENDING SECTION 54-4113, IDAHO CODE, TO GRANT THE REAL ESTATE APPRAISER January 31, 2011 BOARD THE AUTHORITY TO COLLECT CONTINUING Mr. Speaker: EDUCATION PROVIDER APPLICATION FEES AND TO We, your COMMITTEE ON EDUCATION, report that we MAKE A TECHNICAL CORRECTION. have had under consideration HP 1 and recommend that it do pass. HOUSE BILL NO. 83 NONINI, Chairman BY BUSINESS COMMITTEE AN ACT HP 1 was filed for second reading. RELATING TO BARBERS; AMENDING SECTION There being no objection, the House advanced to the Eighth 54-507, IDAHO CODE, TO REVISE PROVISIONS RELATING Order of Business. TO APPROVED BARBER COLLEGES. 48 HOUSE JOURNAL February 1, 2011]

H 78, H 79, H 80, H 81, H 82, and H 83 were introduced, Roll call resulted as follows: read the first time by title, and referred to the Judiciary, Rules, AYES – Anderson, Andrus, Barbieri, Barrett, Bateman, and Administration Committee for printing. Bayer, Bedke, Bell, Bilbao, Black, Block, Bolz, Boyle, Buckner-Webb, Burgoyne, Chadderdon(Chadderdon), Chew, There being no objection, the House advanced to the Collins, Crane, Cronin, DeMordaunt, Ellsworth, Eskridge, Eleventh Order of Business. Gibbs(Wheeler), Guthrie, Hagedorn, Hart, Hartgen, Harwood, Third Reading of Bills and Joint Resolutions Henderson, Higgins, Jaquet, Killen, Lacey, Lake, Loertscher, Luker, Marriott, McMillan, Moyle, Nesset, Nielsen, Nonini, H 21 was read the third time at length, section by section, Palmer, Pence, Perry, Raybould, Ringo, Roberts, Rusche, and placed before the House for final consideration. Schaefer, Shepherd, Shirley, Sims, Smith(30), Smith(24), Stevenson, Takasugi(Batt), Thayn, Trail, Vander Woude, Wills, At this time, the Speaker recognized Mr. Bateman to open Wood(27), Wood(35), Mr. Speaker. Total – 65. debate. NAYS – None. The question being, "Shall H 21 pass?" Absent and excused – King, McGeachin, Patrick, Simpson, Thompson. Total – 5. Roll call resulted as follows: Total – 70. AYES – Anderson, Andrus, Barbieri, Barrett, Bateman, Whereupon the Speaker declared that H 30 passed the House. Bayer, Bedke, Bell, Bilbao, Black, Block, Bolz, Boyle, Title was approved and the bill ordered transmitted to the Senate. Buckner-Webb, Burgoyne, Chadderdon(Chadderdon), Chew, Collins, Crane, Cronin, DeMordaunt, Ellsworth, Eskridge, HCR 3 was read the third time at length and placed before Gibbs(Wheeler), Guthrie, Hagedorn, Hart, Hartgen, Harwood, the House for final consideration. Henderson, Higgins, Jaquet, Killen, Lacey, Lake, Loertscher, Luker, Marriott, McMillan, Moyle, Nesset, Nonini, Palmer, At this time, the Speaker recognized Mr. Raybould to open Pence, Perry, Raybould, Ringo, Roberts, Rusche, Schaefer, debate. Shepherd, Shirley, Sims, Smith(30), Smith(24), Stevenson, The question being, "Shall HCR 3 be adopted?" Takasugi(Batt), Thayn, Trail, Vander Woude, Wills, Wood(27), Wood(35), Mr. Speaker. Total – 64. Roll call resulted as follows: NAYS – None. AYES – Anderson, Andrus, Barbieri, Barrett, Bateman, Absent and excused – King, McGeachin, Nielsen, Patrick, Bayer, Bedke, Bell, Bilbao, Black, Block, Bolz, Boyle, Simpson, Thompson. Total – 6. Buckner-Webb, Burgoyne, Chadderdon(Chadderdon), Chew, Total – 70. Collins, Crane, Cronin, DeMordaunt, Ellsworth, Eskridge, Whereupon the Speaker declared that H 21 passed the House. Gibbs(Wheeler), Guthrie, Hagedorn, Hart, Hartgen, Harwood, Title was approved and the bill ordered transmitted to the Senate. Henderson, Higgins, Jaquet, Killen, Lacey, Lake, Loertscher, Luker, Marriott, McMillan, Moyle, Nesset, Nielsen, Nonini, H 20 was read the third time at length, section by section, Palmer, Pence, Perry, Raybould, Ringo, Roberts, Rusche, and placed before the House for final consideration. Schaefer, Shepherd, Shirley, Sims, Smith(30), Smith(24), Stevenson, Takasugi(Batt), Thayn, Trail, Vander Woude, Wills, At this time, the Speaker recognized Mr. Trail to open debate. Wood(27), Wood(35), Mr. Speaker. Total – 65. The question being, "Shall H 20 pass?" NAYS – None. Absent and excused – King, McGeachin, Patrick, Simpson, Roll call resulted as follows: Thompson. Total – 5. AYES – Anderson, Andrus, Barbieri, Bateman, Bayer, Total – 70. Bedke, Bell, Bilbao, Black, Block, Bolz, Boyle, Buckner-Webb, Chadderdon(Chadderdon), Chew, Collins, Crane, Cronin, Whereupon the Speaker declared HCR 3 adopted and DeMordaunt, Ellsworth, Eskridge, Gibbs(Wheeler), Guthrie, ordered the resolution transmitted to the Senate. Hagedorn, Hart, Hartgen, Harwood, Henderson, Higgins, H 26 was read the third time at length, section by section, Jaquet, Killen, Lacey, Lake, Loertscher, Luker, Marriott, and placed before the House for final consideration. McMillan, Moyle, Nesset, Nielsen, Nonini, Palmer, Pence, Perry, Raybould, Ringo, Roberts, Rusche, Shepherd, Shirley, At this time, the Speaker recognized Ms. Perry to open Smith(30), Smith(24), Stevenson, Takasugi(Batt), Thayn, Trail, debate. Vander Woude, Wills, Wood(27), Mr. Speaker. Total – 60. NAYS – Barrett, Burgoyne, Schaefer, Sims, Wood(35). The question being, "Shall H 26 pass?" Total – 5. Absent and excused – King, McGeachin, Patrick, Simpson, Roll call resulted as follows: Thompson. Total – 5. AYES – Anderson, Bell, Bilbao, Black, Block, Bolz, Total – 70. Buckner-Webb, Burgoyne, Chew, Cronin, Eskridge, Henderson, Higgins, Jaquet, Killen, King, Lacey, Lake, McMillan, Nesset, Whereupon the Speaker declared that H 20 passed the House. Pence, Perry, Ringo, Rusche, Shirley, Smith(30), Smith(24), Title was approved and the bill ordered transmitted to the Senate. Stevenson, Trail, Wills, Wood(27). Total – 31. NAYS – Andrus, Barbieri, Barrett, Bateman, Bayer, Bedke, H 30 was read the third time at length, section by section, Boyle, Chadderdon(Chadderdon), Collins, Crane, DeMordaunt, and placed before the House for final consideration. Ellsworth, Gibbs(Wheeler), Guthrie, Hagedorn, Hart, Hartgen, At this time, the Speaker recognized Mr. Luker to open Harwood, Loertscher, Luker, Marriott, Moyle, Nielsen, debate. Nonini, Palmer, Raybould, Roberts, Schaefer, Shepherd, Sims, Takasugi(Batt), Thayn, Vander Woude, Wood(35), Mr. Speaker. The question being, "Shall H 30 pass?" Total – 35. [February 1, 2011 HOUSE JOURNAL 49

Absent and excused – McGeachin, Patrick, Simpson, The question being, "Shall H 34 pass?" Thompson. Total – 4. Total – 70. Roll call resulted as follows: AYES – Anderson, Andrus, Barbieri, Barrett, Bateman, Whereupon the Speaker declared that H 26 failed to pass the Bayer, Bedke, Bell, Bilbao, Black, Block, Bolz, Boyle, House and ordered the bill filed in the office of the Chief Clerk. Buckner-Webb, Burgoyne, Chadderdon(Chadderdon), Chew, H 27 was read the third time at length, section by section, Collins, Crane, Cronin, DeMordaunt, Ellsworth, Eskridge, and placed before the House for final consideration. Gibbs(Wheeler), Guthrie, Hagedorn, Hart, Hartgen, Harwood, Henderson, Higgins, Jaquet, Killen, King, Lacey, Lake, At this time, the Speaker recognized Mr. Bateman to open Loertscher, Luker, Marriott, McMillan, Moyle, Nesset, Nielsen, debate. Nonini, Palmer, Pence, Perry, Raybould, Ringo, Roberts, Rusche, Schaefer, Shepherd, Shirley, Sims, Smith(30), Smith(24), The question being, "Shall H 27 pass?" Stevenson, Takasugi(Batt), Thayn, Trail, Vander Woude, Wills, Wood(27), Wood(35), Mr. Speaker. Total – 66. Roll call resulted as follows: NAYS – None. AYES – Anderson, Andrus, Barbieri, Barrett, Bateman, Absent and excused – McGeachin, Patrick, Simpson, Bayer, Bedke, Bell, Bilbao, Black, Block, Bolz, Boyle, Thompson. Total – 4. Buckner-Webb, Burgoyne, Chadderdon(Chadderdon), Chew, Total – 70. Collins, Crane, Cronin, DeMordaunt, Ellsworth, Eskridge, Gibbs(Wheeler), Guthrie, Hagedorn, Hart, Hartgen, Harwood, Whereupon the Speaker declared that H 34 passed the House. Henderson, Higgins, Jaquet, Killen, King, Lacey, Lake, Title was approved and the bill ordered transmitted to the Senate. Loertscher, Luker, Marriott, McMillan, Moyle, Nesset, Nielsen, Nonini, Palmer, Pence, Perry, Raybould, Ringo, Roberts, Rusche, There being no objection, the House advanced to the Schaefer, Shepherd, Shirley, Sims, Smith(30), Smith(24), Sixteenth Order of Business. Stevenson, Takasugi(Batt), Thayn, Trail, Vander Woude, Wills, Wood(27), Wood(35), Mr. Speaker. Total – 66. Adjournment NAYS – None. Absent and excused – McGeachin, Patrick, Simpson, Mr. Moyle moved that the House adjourn until 11 a.m., Thompson. Total – 4. Wednesday, February 2, 2011. Seconded by Mr. Rusche. Motion Total – 70. carried. Whereupon the Speaker declared that H 27 passed the House. Whereupon the Speaker declared the House adjourned at Title was approved and the bill ordered transmitted to the Senate. 12:12 p.m. LAWERENCE DENNEY, Speaker H 15 was read the third time at length, section by section, and placed before the House for final consideration. ATTEST: BONNIE ALEXANDER, Chief Clerk At this time, the Speaker recognized Mr. Andrus to open debate. Pursuant to Rule 38(3), Mr. Guthrie disclosed a conflict of interest regarding H 15. The question being, "Shall H 15 pass?"

Roll call resulted as follows: AYES – Anderson, Andrus, Barbieri, Barrett, Bateman, Bayer, Bedke, Bell, Bilbao, Black, Block, Bolz, Boyle, Buckner-Webb, Chadderdon(Chadderdon), Chew, Collins, Crane, Cronin, DeMordaunt, Ellsworth, Eskridge, Gibbs(Wheeler), Guthrie, Hagedorn, Hart, Hartgen, Harwood, Henderson, Higgins, Jaquet, Killen, King, Lacey, Lake, Loertscher, Luker, Marriott, McMillan, Moyle, Nesset, Nielsen, Nonini, Palmer, Pence, Perry, Raybould, Ringo, Roberts, Rusche, Schaefer, Shepherd, Shirley, Sims, Smith(30), Smith(24), Stevenson, Takasugi(Batt), Thayn, Trail, Vander Woude, Wills, Wood(27), Wood(35), Mr. Speaker. Total – 65. NAYS – Burgoyne. Total – 1. Absent and excused – McGeachin, Patrick, Simpson, Thompson. Total – 4. Total – 70. Whereupon the Speaker declared that H 15 passed the House. Title was approved and the bill ordered transmitted to the Senate. H 34 was read the third time at length, section by section, and placed before the House for final consideration. At this time, the Speaker recognized Mr. Hartgen to open debate. 50 HOUSE JOURNAL February 2, 2011]

HOUSE JOURNAL Introduction, First Reading, and Reference of Bills and Joint Resolutions OF THE HOUSE BILL NO. 84 IDAHO LEGISLATURE BY RESOURCES AND CONSERVATION COMMITTEE AN ACT FIRST REGULAR SESSION RELATING TO OUTFITTERS AND GUIDES; SIXTY-FIRST LEGISLATURE AMENDING SECTION 36-2108, IDAHO CODE, TO REVISE FEE PROVISIONS.

HOUSE BILL NO. 85 BY RESOURCES AND CONSERVATION COMMITTEE TWENTY-FOURTH LEGISLATIVE DAY AN ACT WEDNESDAY, FEBRUARY 2, 2011 RELATING TO FISH AND GAME; AMENDING SECTION 36-104, IDAHO CODE, TO AUTHORIZE THE FISH AND GAME COMMISSION TO ADOPT RULES House of Representatives GOVERNING A MENTORED HUNTING PROGRAM; AMENDING SECTION 36-401, IDAHO CODE, TO The House convened at 11 a.m., the Speaker in the Chair. PROVIDE AN EXCEPTION TO LICENSURE FOR Roll call showed 68 members present. CERTAIN MENTORED HUNTERS AND TO CLARIFY Absent and excused – Bayer, Chew. Total – 2. THE APPLICABILITY OF LICENSURE REQUIREMENTS; Total – 70. AND AMENDING SECTION 36-409, IDAHO CODE, TO PROVIDE THAT RESIDENTS WHO HAVE OBTAINED Prayer was offered by Chaplain Tom Dougherty. CERTAIN AUTHORIZATIONS SHALL BE ELIGIBLE TO RECEIVE SPECIFIED GAME TAGS AND TO PROVIDE A The Pledge of Allegiance was led by Brady Smith, Page. CODE REFERENCE. Approval of Journal HOUSE BILL NO. 86 February 2, 2011 BY JUDICIARY, RULES, AND ADMINISTRATION Mr. Speaker: COMMITTEE We, your COMMITTEE ON JUDICIARY, RULES, AND AN ACT ADMINISTRATION, report that we have read and approved RELATING TO UNIFORM CONTROLLED the House Journal of the Twenty-third Legislative Day and SUBSTANCES; AMENDING SECTION 37-2705, IDAHO recommend that same be adopted as corrected. CODE, TO DISTINGUISH TETRAHYDROCANNABINOLS WILLS, Chairman FROM SYNTHETIC DRUGS THAT MIMIC THE EFFECTS Mr. Wills moved that the report be adopted. Seconded by OF CANNABIS AND TO IDENTIFY ADDITIONAL Mr. Burgoyne. Report adopted. SUBSTANCES TO BE CLASSIFIED IN SCHEDULE I; AND DECLARING AN EMERGENCY. Consideration of Messages from the Governor and the Senate HOUSE BILL NO. 87 BY STATE AFFAIRS COMMITTEE February 1, 2011 AN ACT Mr. Speaker: RELATING TO DISPOSAL OF SURPLUS PERSONAL I transmit herewith S 1003, S 1004, and S 1006 which have PROPERTY; AMENDING SECTION 67-5732A, IDAHO passed the Senate. CODE, TO ALLOW DISPOSAL OF SURPLUS PERSONAL WOOD, Secretary PROPERTY TO FEDERAL AGENCIES. S 1003, S 1004, and S 1006 were filed for first reading. HOUSE BILL NO. 88 Report of Standing Committees BY STATE AFFAIRS COMMITTEE AN ACT February 2, 2011 RELATING TO THE CATASTROPHIC HEALTH CARE Mr. Speaker: COST PROGRAM; AMENDING SECTION 31-3517, IDAHO We, your COMMITTEE ON JUDICIARY, RULES, AND CODE, TO REVISE AUDIT REQUIREMENTS AND TO ADMINISTRATION, report that we have printed H 78, H 79, MAKE A TECHNICAL CORRECTION. H 80, H 81, H 82, and H 83. WILLS, Chairman HOUSE BILL NO. 89 H 78 was referred to the Education Committee. BY STATE AFFAIRS COMMITTEE AN ACT H 79 and H 80 were referred to the Commerce and Human RELATING TO FIRE PROTECTION DISTRICTS; Resources Committee. AMENDING SECTION 31-1423, IDAHO CODE, TO ELIMINATE THE REQUIREMENT THAT THE SECRETARY H 81, H 82, and H 83 were referred to the Business OF EACH FIRE PROTECTION DISTRICT TRANSMIT TO Committee. THE STATE BOARD OF EQUALIZATION A CERTIFIED There being no objection, the House advanced to the Eighth COPY OF THE RESOLUTION PROVIDING FOR THE Order of Business. PROPERTY TAX LEVY. [February 2, 2011 HOUSE JOURNAL 51

HOUSE BILL NO. 90 BY STATE AFFAIRS COMMITTEE AN ACT RELATING TO INDEPENDENT FINANCIAL AUDITS OF LOCAL GOVERNMENTAL ENTITIES; AMENDING SECTION 67-450B, IDAHO CODE, TO REVISE REQUIREMENTS FOR INDEPENDENT FINANCIAL AUDITS OF LOCAL GOVERNMENTAL ENTITIES AND FILING REQUIREMENTS; AND AMENDING SECTION 67-450D, IDAHO CODE, TO REVISE AUDIT REQUIREMENTS FOR INDEPENDENT FINANCIAL AUDITS OF DESIGNATED ENTITIES AND TO MAKE A TECHNICAL CORRECTION. H 84, H 85, H 86, H 87, H 88, H 89, and H 90 were introduced, read the first time by title, and referred to the Judiciary, Rules, and Administration Committee for printing. S 1003 and S 1004, by Judiciary and Rules Committee, were introduced, read the first time by title, and referred to the Judiciary, Rules, and Administration Committee. S 1006, by State Affairs Committee, was introduced, read the first time by title, and referred to the State Affairs Committee. There being no objection, the House advanced to the Tenth Order of Business. Second Reading of Bills and Joint Resolutions H 60, by State Affairs Committee, was read the second time by title and filed for third reading. HP 1, by Education Committee, was read the second time by title and filed for third reading. There being no objection, the House advanced to the Sixteenth Order of Business. Adjournment Mr. Moyle moved that the House adjourn until 11 a.m., Thursday, February 3, 2011. Seconded by Mr. Rusche. Motion carried. Whereupon the Speaker declared the House adjourned at 11:14 a.m. LAWERENCE DENNEY, Speaker ATTEST: BONNIE ALEXANDER, Chief Clerk 52 HOUSE JOURNAL February 3, 2011]

HOUSE JOURNAL February 2, 2011 Mr. Speaker: OF THE We, your COMMITTEE ON EDUCATION, report that we have had under consideration HJM 1 and recommend that it do pass. IDAHO LEGISLATURE NONINI, Chairman FIRST REGULAR SESSION HJM 1 was filed for second reading. SIXTY-FIRST LEGISLATURE February 2, 2011 Mr. Speaker: We, your COMMITTEE ON TRANSPORTATION AND DEFENSE, report that we have had under consideration H 17, H 45, and H 61 and recommend that they do pass. TWENTY-FIFTH LEGISLATIVE DAY SMITH, Chairman THURSDAY, FEBRUARY 3, 2011 H 17, H 45, and H 61 were filed for second reading.

House of Representatives February 2, 2011 Mr. Speaker: The House convened at 11 a.m., the Speaker in the Chair. We, your COMMITTEE ON ENVIRONMENT, ENERGY, AND TECHNOLOGY, report that we have had under Roll call showed 67 members present. consideration H 40 and H 41 and recommend that they do pass. Absent and excused – Crane, Jaquet, Smith(30). Total – 3. RAYBOULD, Chairman Total – 70. H 40 and H 41 were filed for second reading. Prayer was offered by Chaplain Tom Dougherty. February 3, 2011 The Pledge of Allegiance was led by Kami Cole, Page. Mr. Speaker: Approval of Journal We, your COMMITTEE ON EDUCATION, report that we have had under consideration H 51 and recommend that it do February 3, 2011 pass. Mr. Speaker: NONINI, Chairman We, your COMMITTEE ON JUDICIARY, RULES, AND ADMINISTRATION, report that we have read and approved H 51 was filed for second reading. the House Journal of the Twenty-fourth Legislative Day and There being no objection, the House advanced to the Seventh recommend that same be adopted as corrected. Order of Business. WILLS, Chairman Motions, Memorials, and Resolutions Mr. Wills moved that the report be adopted. Seconded by Mr. Burgoyne. Report adopted. HOUSE CONCURRENT RESOLUTION NO. 4 Consideration of Messages from the BY ENVIRONMENT, ENERGY, AND TECHNOLOGY Governor and the Senate COMMITTEE A CONCURRENT RESOLUTION February 2, 2011 STATING FINDINGS OF THE LEGISLATURE AND Mr. Speaker: AUTHORIZING THE LEGISLATIVE COUNCIL TO I transmit herewith S 1023 and S 1048 which have passed APPOINT A COMMITTEE TO UNDERTAKE AND the Senate. COMPLETE A STUDY OF ENERGY, ENVIRONMENT AND WOOD, Secretary TECHNOLOGY AND TO MONITOR THE INTEGRATED STATE ENERGY PLAN AND OTHER ISSUES. S 1023 and S 1048 were filed for first reading. Be It Resolved by the Legislature of the State of Idaho: Report of Standing Committees February 3, 2011 WHEREAS, for the past fourteen years, the Legislature has Mr. Speaker: adopted concurrent resolutions that authorized the Legislative We, your COMMITTEE ON JUDICIARY, RULES, AND Council to appoint a committee to undertake and complete a ADMINISTRATION, report that we have printed H 84, H 85, study of energy, environment and technology related issues from H 86, H 87, H 88, H 89, and H 90. both the statewide perspective and the national perspective and WILLS, Chairman to submit a final report to the Idaho Legislature; and WHEREAS, in 2006 the Legislature felt the state of Idaho H 84 and H 85 were referred to the Resources and needed to have an integrated state energy plan that provides for Conservation Committee. the state's power generation needs and protects the health and safety of the citizens of Idaho and the products produced in this H 86 was referred to the Judiciary, Rules, and Administration state; and Committee. WHEREAS, Idaho has substantial power needs in the near H 87, H 89, and H 90 were referred to the State Affairs future, and the goal of the 2007 Integrated State Energy Plan is Committee. to ensure that those needs will be met; and WHEREAS, it is the goal of the 2007 Integrated State H 88 was referred to the Health and Welfare Committee. Energy Plan to maintain the health, safety and welfare of Idaho's [February 3, 2011 HOUSE JOURNAL 53 citizens, the quality and financial security of existing agricultural in welfare, thus providing a model of economic leadership businesses and industries, the economic growth of the state of relevant in our own time; and Idaho, and the environmental quality and natural resources of WHEREAS, President Reagan deregulated the airline this state; and industry and stood up to the air traffic controllers union; led WHEREAS, it is the goal that the 2007 Integrated State the nation through the 1980s in which some 15 million new Energy Plan be a living, vibrant document; and jobs were created; rebuilt the military from neglect and forged WHEREAS, the committee met in 2009 and 2010 and a foreign policy of peace through strength; and is credited with monitored the 2007 Integrated State Energy Plan, followed bringing down the Soviet Union through his toughness and the fluctuation in petroleum prices and heard testimony resolve, which forced them to overspend on their military; and regarding issues facing regulated utilities, municipal utilities and WHEREAS, President Reagan restored America's faith in cooperatives, industry and alternative energy sources. government, relieved fears and made America strong and proud NOW, THEREFORE, BE IT RESOLVED by the members again, reclaiming America's place as a world leader. He had a of the First Regular Session of the Sixty-first Idaho Legislature, grand vision of America and our national destiny, believing, as the House of Representatives and the Senate concurring therein, he said, that "there was a Divine Plan to place this great continent that the Legislative Council is authorized to appoint a committee here between the two oceans, to be found by peoples from every to undertake and complete a study of the 2007 Integrated State corner of the Earth," and that America was to "carry the torch Energy Plan that provides for the state's power generation needs of freedom for the world ... there are no great limits to growth and protects the health and safety of the citizens of Idaho and the because there are no limits of human intelligence, imagination products produced in this state, and make any recommendations and wonder"; and for necessary changes in both state law and the plan regarding WHEREAS, President Reagan bypassed the traditional energy in the state and to monitor other energy, environment media, went over the head of Congress and directly spoke and technology related issues. The Legislative Council shall and connected with the American people, by his warmth, determine the number of legislators and membership from sincerity and good humor, thereby earning the title of "The Great each house appointed to the committee and shall authorize the Communicator"; and committee to receive input, advice and assistance from interested WHEREAS, President Reagan saw in the American and affected parties who are not members of the Legislature. people their inherent great goodness, resolve, imagination and BE IT FURTHER RESOLVED that nonlegislative members genius for invention; he never tired of presenting an optimistic of the committee may be appointed by the cochairs of the view of America's place in the world, affirming America's committee who are appointed by the Legislative Council. exceptionalism, our nation's founding by Providence on limited Nonlegislative members of the advisory committee shall not government and reflecting an abiding faith in our past and future be reimbursed from legislative funds for per diem, mileage or as a country; and other expenses and shall not have voting privileges regarding the WHEREAS, President Reagan projected himself as a man committee's recommendations or proposed legislation. of western America in his public personality and his personal BE IT FURTHER RESOLVED that the committee shall life, emphasizing individualism, fair play, equality of opportunity make a progress report to the Second Regular Session of and the sunny, optimistic disposition for which Westerners are the Sixty-first Idaho Legislature and report its findings, famous, thus endearing himself particularly to citizens of western recommendations and proposed legislation, if any, to the First states like Idaho; and Regular Session of the Sixty-second Idaho Legislature. WHEREAS, he inspired a whole generation of American conservatives to step forward and provide in our time, the HOUSE PROCLAMATION NO. 2 leadership principles we need to secure continued liberty to BY EDUCATION COMMITTEE ourselves and our children. A PROCLAMATION NOW, THEREFORE, BE IT PROCLAIMED by the COMMENDING THE 100TH ANNIVERSARY OF members of the House of Representatives and the Senate PRESIDENT RONALD REAGAN'S BIRTH AND HIS assembled in the First Regular Session of the Sixty-first Idaho ACCOMPLISHMENTS. Legislature, that we declare today, Monday, February 7, 2011, We, the members of the House of Representatives and the to be a day on which we remember President Ronald Wilson Senate of the State of Idaho assembled in the First Regular Reagan's continuing legacy and our admiration for his presidency Session of the Sixty-first Idaho Legislature, honor President and accomplishments. Ronald Wilson Reagan, 40th President of the United States, on the occasion of the 100th Anniversary of his birth. HCR 4 and HP 2 were introduced, read the first time by WHEREAS, Ronald Reagan was born one hundred years title, and referred to the Judiciary, Rules, and Administration ago, on February 6, 1911, in Tampico, Illinois, and rose from Committee for printing. obscurity to a successful career in acting, film and public relations Introduction, First Reading, and Reference and then to be Governor of California and President of the of Bills and Joint Resolutions United States, winning both positions by defeating incumbents against long odds; and HOUSE BILL NO. 91 WHEREAS, among his first acts as President, he succeeded BY TRANSPORTATION AND DEFENSE COMMITTEE in freeing American hostages released in Iran in 1981, thereby AN ACT demonstrating that America would no longer submit to tyrants RELATING TO MOTOR VEHICLES AND RULES and dictators; and also early in his presidency, survived an OF THE ROAD; AMENDING SECTION 49-613, IDAHO assassin's bullet; and CODE, TO PROVIDE FOR APPLICATION OF LAW, TO WHEREAS, during his presidency, he reduced the inflation PROVIDE THAT NO VEHICLE SHALL BE OPERATED rate then at twelve percent, the unemployment rate then at eleven ON ANY PUBLIC HIGHWAY UNLESS SUCH VEHICLE'S percent and the prime interest rate then at twenty-one percent, LOAD IS SECURELY FASTENED OR COVERED TO through a series of economic principles known as Reaganomics, PREVENT THE LOAD FROM BECOMING LOOSE, including tax cuts, tax reform, limited government and reduction DETACHED OR BECOMING A HAZARD TO OTHER 54 HOUSE JOURNAL February 3, 2011]

HIGHWAY USERS, TO PROVIDE FOR EXCEPTIONS, TO A TECHNICAL CORRECTION; AMENDING SECTION PROVIDE THAT NO PERSON MAY OPERATE A VEHICLE 50-2007, IDAHO CODE, TO REVISE POWERS OF URBAN ON A PUBLIC HIGHWAY WITH ANY LOAD UNLESS RENEWAL AND TO MAKE A TECHNICAL CORRECTION; THE LOAD AND CERTAIN COVERING IS SECURELY AMENDING SECTION 50-2008, IDAHO CODE, TO FASTENED TO PREVENT THE COVERING OR LOAD REVISE THE COMMENT PERIOD AND TO PROVIDE FROM BECOMING LOOSE, DETACHED OR BECOMING A CORRECT CITATION; AMENDING SECTION 50-2012, A HAZARD TO OTHER HIGHWAY USERS, TO PROVIDE IDAHO CODE, TO REVISE THE MAXIMUM PERIOD THAT ANY VEHICLE OPERATING ON A PAVED PUBLIC OF TIME BONDS MAY BE ISSUED AND TO MAKE A HIGHWAY WITH A LOAD OF DIRT, SAND OR GRAVEL TECHNICAL CORRECTION; AMENDING CHAPTER 20, SUSCEPTIBLE TO BEING DROPPED, SPILLED, LEAKED TITLE 50, IDAHO CODE, BY THE ADDITION OF A NEW OR OTHERWISE ESCAPING FROM THE VEHICLE SHALL SECTION 50-2033, IDAHO CODE, TO PROVIDE FOR BE COVERED TO PREVENT SPILLAGE AND TO PROVIDE PROHIBITED AMENDMENTS; AMENDING SECTION FOR EXCEPTIONS. 50-2903, IDAHO CODE, TO REVISE THE DEFINITIONS OF "DETERIORATED AREA" AND "TERMINATION DATE" HOUSE BILL NO. 92 AND TO MAKE TECHNICAL CORRECTIONS; AMENDING BY TRANSPORTATION AND DEFENSE COMMITTEE SECTION 50-2904, IDAHO CODE, TO REVISE PROVISIONS AN ACT RELATING TO REVENUE ALLOCATION AREAS AND RELATING TO MOTOR VEHICLES; AMENDING MONEYS OBTAINED THERETO; AND PROVIDING SECTION 49-1010, IDAHO CODE, TO REVISE PROVISIONS SEVERABILITY. RELATING TO AN EXCEPTION FOR SIZE OF VEHICLES AND LOADS AND TO MAKE A TECHNICAL HOUSE BILL NO. 96 CORRECTION. BY LOCAL GOVERNMENT COMMITTEE AN ACT HOUSE BILL NO. 93 RELATING TO THE LOCAL ECONOMIC BY ENVIRONMENT, ENERGY, AND TECHNOLOGY DEVELOPMENT ACT; AMENDING SECTION 50-2905, COMMITTEE IDAHO CODE, TO PROVIDE FOR A STATEMENT AN ACT DESCRIBING A CERTAIN VALUE AND TO PROVIDE RELATING TO HAZARDOUS WASTE MANAGEMENT; THAT A TAXING DISTRICT MAY OPT OUT OF A CERTAIN AMENDING SECTION 39-4403, IDAHO CODE, TO REVISE PROPOSED PLAN. THE DEFINITION OF "RESTRICTED HAZARDOUS WASTE." HOUSE BILL NO. 97 BY LOCAL GOVERNMENT COMMITTEE HOUSE BILL NO. 94 AN ACT BY RESOURCES AND CONSERVATION COMMITTEE RELATING TO URBAN RENEWAL AND LOCAL AN ACT ECONOMIC DEVELOPMENT; AMENDING SECTION RELATING TO INJECTION WELLS; AMENDING 50-2008, IDAHO CODE, TO PROVIDE THAT AN URBAN THE HEADING FOR CHAPTER 39, TITLE 42, IDAHO RENEWAL PLAN PLANNED OR APPROVED SHALL CODE, TO DELETE REFERENCE TO WASTE DISPOSAL; BE LIMITED TO SPECIFIC PROJECTS AND SHALL AMENDING SECTION 42-3902, IDAHO CODE, TO REVISE INCLUDE A TERMINATION DATE AND TO MAKE DEFINITIONS, TO DEFINE A TERM AND TO DELETE A TECHNICAL CORRECTIONS; AMENDING CHAPTER DEFINITION FOR "WASTE DISPOSAL AND INJECTION 20, TITLE 50, IDAHO CODE, BY THE ADDITION OF A WELL"; AMENDING SECTION 42-3903, IDAHO CODE, NEW SECTION 50-2015A, IDAHO CODE, TO PROVIDE TO REVISE TERMINOLOGY TO PROVIDE FOR DEEP FOR DISTRIBUTION OF CERTAIN REVENUE AND TO INJECTION WELLS AND TO MAKE A TECHNICAL DEFINE A TERM; AMENDING SECTION 50-2904, IDAHO CORRECTION; AMENDING SECTION 42-3904, IDAHO CODE, TO PROVIDE FOR DISTRIBUTION OF CERTAIN CODE, TO DELETE AN EXEMPTION FROM NOTICE OF REVENUE AND TO DEFINE A TERM; AND AMENDING CONSTRUCTION FILING REQUIREMENTS AND FEES SECTION 50-2905, IDAHO CODE, TO PROVIDE THAT A FOR CERTAIN NEW SHALLOW INJECTION WELLS CERTAIN PLAN BE CONSISTENT WITH THE PROVISIONS AND TO MAKE A TECHNICAL CORRECTION; AND OF SECTION 50-2008, IDAHO CODE, AND TO MAKE AMENDING SECTIONS 42-3905, 42-3908, 42-3911, 42-3912 TECHNICAL CORRECTIONS. AND 42-3913, IDAHO CODE, TO REVISE TERMINOLOGY TO PROVIDE FOR DEEP INJECTION WELLS. HOUSE BILL NO. 98 BY LOCAL GOVERNMENT COMMITTEE HOUSE BILL NO. 95 AN ACT BY LOCAL GOVERNMENT COMMITTEE RELATING TO URBAN RENEWAL LAW; REPEALING AN ACT CHAPTER 20, TITLE 50, IDAHO CODE, RELATING RELATING TO URBAN RENEWAL; AMENDING TO URBAN RENEWAL LAW; PROVIDING FOR THE SECTION 50-2006, IDAHO CODE, TO PROVIDE FOR ASSUMPTION OF FIDUCIARY RESPONSIBILITY AND AN ELECTION, TO REVISE PROVISIONS RELATING THE RETURN OF CERTAIN UNEXPENDED MONEYS. TO ESTABLISHING A BOARD OF COMMISSIONERS, TO PROVIDE FOR COMPOSITION OF A BOARD OF HOUSE BILL NO. 99 COMMISSIONERS, TO PROVIDE FOR BOARD TERMS, BY LOCAL GOVERNMENT COMMITTEE TO REVISE PROVISIONS RELATING TO REMOVAL AN ACT OF A COMMISSIONER, TO PROVIDE FOR FILLING A RELATING TO URBAN RENEWAL; AMENDING VACANCY, TO REVISE PROVISIONS RELATING TO SECTION 50-2007, IDAHO CODE, TO PROVIDE FOR AN THE ELECTION OF BOARD OFFICERS AND TO MAKE ELECTION; AND AMENDING SECTION 50-2012, IDAHO [February 3, 2011 HOUSE JOURNAL 55

CODE, TO PROVIDE FOR AN ELECTION AND TO REVISE RELATING TO EDUCATION; AMENDING SECTION PROVISIONS RELATING TO THE ISSUANCE OF CERTAIN 33-513, IDAHO CODE, TO PROVIDE THAT THE BOARD BONDS AND TO MAKE TECHNICAL CORRECTIONS. OF TRUSTEES SHALL ENSURE THAT EMPLOYEES EXCLUSIVELY PERFORM CERTAIN DUTIES, TO HOUSE BILL NO. 100 PROVIDE THAT EMPLOYEES SHALL NOT BE BY AGRICULTURAL AFFAIRS COMMITTEE COMPENSATED FOR ANY OTHER ACTIVITY, TO AN ACT PROVIDE EXCEPTIONS, TO PROVIDE THAT THE BOARD RELATING TO THE PEA AND LENTIL COMMISSION; SHALL NOT INCLUDE LABOR UNION OR ASSOCIATION AMENDING SECTION 22-3502, IDAHO CODE, TO REVISE ACTIVITIES AS PART OF THE DUTIES OF ANY POSITION COMPOSITION PROVISIONS RELATING TO THE IDAHO AND TO MAKE TECHNICAL CORRECTIONS. PEA AND LENTIL COMMISSION AND TO MAKE TECHNICAL CORRECTIONS; AND AMENDING SECTION HOUSE BILL NO. 105 22-3506, IDAHO CODE, TO REVISE APPOINTMENT BY STATE AFFAIRS COMMITTEE PROVISIONS RELATING TO THE IDAHO PEA AND AN ACT LENTIL COMMISSION. RELATING TO THE IDAHO BUREAU OF EDUCATIONAL SERVICES FOR THE DEAF AND THE HOUSE BILL NO. 101 BLIND; AMENDING SECTION 33-3407, IDAHO CODE, BY AGRICULTURAL AFFAIRS COMMITTEE TO CORRECT A CODE REFERENCE; AMENDING AN ACT SECTION 59-1374, IDAHO CODE, TO PROVIDE THAT RELATING TO THE STATE BRAND BOARD; THE IDAHO BUREAU OF EDUCATIONAL SERVICES FOR AMENDING SECTION 25-1122, IDAHO CODE, TO THE DEAF AND THE BLIND IS AN EMPLOYER FOR REVISE FEE PROVISIONS RELATING TO OWNERSHIP PUBLIC EMPLOYEE RETIREMENT SYSTEM PURPOSES; AND TRANSPORTATION CERTIFICATES AND TO DECLARING AN EMERGENCY AND PROVIDING CORRECT A CODIFIER'S ERROR; AMENDING SECTION RETROACTIVE APPLICATION. 25-1145, IDAHO CODE, TO REVISE A DATE PROVISION RELATING TO THE RENEWAL OF THE RECORDINGS HOUSE BILL NO. 106 OF BRANDS AND TO REVISE A FEE PROVISION BY STATE AFFAIRS COMMITTEE RELATING TO THE FILING OF RENEWAL APPLICATIONS AN ACT ASSOCIATED WITH THE RECORDING OF BRANDS; RELATING TO COMMUNITY COLLEGES; AMENDING SECTION 25-1146, IDAHO CODE, TO AMENDING CHAPTER 21, TITLE 33, IDAHO CODE, REVISE A FEE PROVISION RELATING TO THE BY THE ADDITION OF A NEW SECTION 33-2104A, RECORDING OF WRITINGS EVIDENCING CERTAIN IDAHO CODE, TO REQUIRE THAT COMMUNITY SALES, ASSIGNMENTS OR TRANSFERS OF BRANDS; COLLEGE TRUSTEE SUBDISTRICTS BE FORMED, AND AMENDING SECTION 25-3303, IDAHO CODE, TO TO PROVIDE REQUIREMENTS FOR ESTABLISHING REVISE FEE PROVISIONS RELATING TO LIVESTOCK COMMUNITY COLLEGE TRUSTEE SUBDISTRICTS, TO DEALER LICENSING. PROVIDE DUTIES OF THE BOARD OF TRUSTEES FOR ESTABLISHING THE BOUNDARIES OF COMMUNITY HOUSE BILL NO. 102 COLLEGE TRUSTEE SUBDISTRICTS, TO PROVIDE BY REVENUE AND TAXATION COMMITTEE DUTIES OF THE COUNTY CLERK FOR COOPERATING AN ACT IN THE ESTABLISHMENT OF COMMUNITY COLLEGE RELATING TO INCOME TAXES; AMENDING SECTION TRUSTEE SUBDISTRICTS, TO PROVIDE FOR THE 63-3004, IDAHO CODE, TO UPDATE REFERENCES ESTABLISHMENT OF MUNICIPAL SUBDISTRICTS IN TO THE INTERNAL REVENUE CODE; AMENDING CERTAIN CIRCUMSTANCES AND TO DEFINE THE SECTION 63-3022O, IDAHO CODE, TO REVISE HOW BOUNDARIES OF SUCH MUNICIPAL SUBDISTRICTS; THE ADJUSTED BASIS OF DEPRECIABLE PROPERTY, AMENDING SECTION 33-2106, IDAHO CODE, TO REVISE DEPRECIATION AND CAPITAL GAINS AND LOSSES AND TO PROVIDE ADDITIONAL PROVISIONS RELATING SHALL BE COMPUTED AS A RESULT OF TWO TO THE ELECTION OF TRUSTEES AND TO MAKE 2010 CONGRESSIONAL ENACTMENTS; DECLARING TECHNICAL CORRECTIONS; AND AMENDING CHAPTER AN EMERGENCY AND PROVIDING RETROACTIVE 21, TITLE 33, IDAHO CODE, BY THE ADDITION APPLICATION. OF A NEW SECTION 33-2106A, IDAHO CODE, TO PROVIDE APPLICATION OF CAMPAIGN REPORTING HOUSE BILL NO. 103 LAW TO COMMUNITY COLLEGE DISTRICT TRUSTEE BY EDUCATION COMMITTEE ELECTIONS. AN ACT RELATING TO PUBLIC MONEYS; AMENDING H 91, H 92, H 93, H 94, H 95, H 96, H 97, H 98, H 99, CHAPTER 20, TITLE 44, IDAHO CODE, BY THE ADDITION H 100, H 101, H 102, H 103, H 104, H 105, and H 106 were OF A NEW SECTION 44-2004A, IDAHO CODE, TO introduced, read the first time by title, and referred to the PROHIBIT PAYMENT OF PUBLIC MONEYS TO LABOR Judiciary, Rules, and Administration Committee for printing. ORGANIZATIONS AND TO PROVIDE THAT EMPLOYEE WAGES, EARNINGS AND COMPENSATION, ONCE S 1023, by Bock, was introduced, read the first time by title, EARNED, ARE NOT CONSIDERED PUBLIC MONEYS. and referred to the Education Committee. S 1048, by Judiciary and Rules Committee, was introduced, HOUSE BILL NO. 104 read the first time by title, and referred to the Judiciary, Rules, BY EDUCATION COMMITTEE and Administration Committee. AN ACT 56 HOUSE JOURNAL February 3, 2011]

There being no objection, the House advanced to the Eleventh Order of Business. Third Reading of Bills and Joint Resolutions H 60 was read the third time at length, section by section, and placed before the House for final consideration. At this time, the Speaker recognized Mrs. McGeachin to open debate. The question being, "Shall H 60 pass?"

Roll call resulted as follows: AYES – Anderson, Andrus, Barbieri, Barrett, Bateman, Bayer, Bedke, Bell, Bilbao, Black, Block, Bolz, Boyle, Buckner-Webb, Burgoyne, Chadderdon(Chadderdon), Chew, Collins, Cronin, DeMordaunt, Ellsworth, Eskridge, Gibbs(Wheeler), Guthrie, Hagedorn, Hart, Hartgen, Harwood, Henderson, Higgins, Killen, King, Lacey, Lake, Loertscher, Luker, Marriott, McGeachin, McMillan, Moyle, Nesset, Nielsen, Nonini, Palmer, Patrick, Pence, Perry, Raybould, Ringo, Roberts, Rusche, Schaefer, Shepherd, Shirley, Simpson, Sims, Smith(24), Stevenson, Takasugi(Batt), Thayn, Thompson, Trail, Vander Woude, Wills, Wood(27), Wood(35), Mr. Speaker. Total – 67. NAYS – None. Absent and excused – Crane, Jaquet, Smith(30). Total – 3. Total – 70. Whereupon the Speaker declared that H 60 passed the House. Title was approved and the bill ordered transmitted to the Senate. HP 1 was read the third time at length and placed before the House for final consideration. At this time, the Speaker recognized Mr. Trail to open debate. The question being, "Shall HP 1 be adopted?" Whereupon the Speaker declared HP 1 adopted by voice vote and ordered the proclamation filed in the office of the Chief Clerk. There being no objection, the House advanced to the Sixteenth Order of Business. Adjournment Mr. Moyle moved that the House adjourn until 10 a.m., Friday, February 4, 2011. Seconded by Mr. Rusche. Motion carried. Whereupon the Speaker declared the House adjourned at 11:32 a.m. LAWERENCE DENNEY, Speaker ATTEST: BONNIE ALEXANDER, Chief Clerk [February 4, 2011 HOUSE JOURNAL 57

HOUSE JOURNAL H 93 was referred to the Environment, Energy, and Technology Committee. OF THE H 94 was referred to the Resources and Conservation IDAHO LEGISLATURE Committee. H 95, H 96, H 97, H 98, and H 99 were referred to the Local FIRST REGULAR SESSION Government Committee. SIXTY-FIRST LEGISLATURE H 101 was referred to the Agricultural Affairs Committee. H 103 and H 106 were referred to the State Affairs Committee. TWENTY-SIXTH LEGISLATIVE DAY H 104 and H 105 were referred to the Education Committee. FRIDAY, FEBRUARY 4, 2011 February 3, 2011 Mr. Speaker: House of Representatives We, your COMMITTEE ON JUDICIARY, RULES, AND ADMINISTRATION, report that we have had under The House convened at 10 a.m., the Speaker in the Chair. consideration H 67 and H 68 and recommend that they do pass. WILLS, Chairman Roll call showed 65 members present. Absent and excused – Andrus, Crane, Gibbs(Wheeler), H 67 and H 68 were filed for second reading. Smith(24), Thayn. Total – 5. Total – 70. February 3, 2011 Mr. Speaker: Prayer was offered by Chaplain Tom Dougherty. We, your COMMITTEE ON BUSINESS, report that we have had under consideration H 70, H 71, H 72, and H 74 and The Pledge of Allegiance was led by Nayar Barron, Page. recommend that they do pass. BLACK, Chairman Approval of Journal H 70, H 71, H 72, and H 74 were filed for second reading. February 4, 2011 Mr. Speaker: There being no objection, the House advanced to the Eighth We, your COMMITTEE ON JUDICIARY, RULES, AND Order of Business. ADMINISTRATION, report that we have read and approved the House Journal of the Twenty-fifth Legislative Day and Introduction, First Reading, and Reference recommend that same be adopted as corrected. of Bills and Joint Resolutions WILLS, Chairman

Mr. Wills moved that the report be adopted. Seconded by HOUSE BILL NO. 107 Mr. Burgoyne. Report adopted. BY RESOURCES AND CONSERVATION COMMITTEE Consideration of Messages from the AN ACT Governor and the Senate RELATING TO AQUIFER PROTECTION DISTRICTS; AMENDING SECTION 39-508, IDAHO CODE, TO REVISE February 3, 2011 PROVISIONS RELATING TO FEES, TO PROVIDE THAT Mr. Speaker: FEES SHALL NOT BE CHARGED TO OWNERS OF I transmit herewith S 1014, S 1029, S 1030, and NONDEVELOPED PROPERTIES AND TO RESTRICT THE S 1031 which have passed the Senate. AMOUNT OF FEES THAT A DISTRICT MAY RETAIN AT WOOD, Secretary ANY TIME. S 1014, S 1029, S 1030, and S 1031 were filed for first reading. HOUSE BILL NO. 108 BY COMMERCE AND HUMAN RESOURCES Report of Standing Committees COMMITTEE AN ACT February 4, 2011 RELATING TO THE EMPLOYMENT SECURITY Mr. Speaker: LAW AND TO UNEMPLOYMENT BENEFIT FINANCING; We, your COMMITTEE ON JUDICIARY, RULES, AND AMENDING SECTION 67-6205, IDAHO CODE, TO ADMINISTRATION, report that we have printed HCR 4, HP 2, PROVIDE DEFINITIONS FOR "DEPARTMENT OF LABOR" H 91, H 92, H 93, H 94, H 95, H 96, H 97, H 98, H 99, H 100, AND "DEPARTMENT OF LABOR PROJECT" AND H 101, H 102, H 103, H 104, H 105, and H 106. TO MAKE TECHNICAL CORRECTIONS; AMENDING WILLS, Chairman SECTION 67-6206, IDAHO CODE, TO PROVIDE POWERS HCR 4, HP 2, H 100, and H 102 were filed for second AND AUTHORITY RELATING TO THE FINANCING OF reading. DEPARTMENT OF LABOR PROJECTS AND TO MAKE TECHNICAL CORRECTIONS; AMENDING SECTION H 91 and H 92 were referred to the Transportation and 67-6210, IDAHO CODE, TO PROVIDE FOR ADDITIONAL Defense Committee. PROVISIONS FOR RESOLUTIONS AUTHORIZING 58 HOUSE JOURNAL February 4, 2011]

NOTES OR BONDS OR ANY ISSUE THEREOF AND Second Reading of Bills and Joint Resolutions TO PROVIDE THAT THE IDAHO HOUSING AND FINANCE ASSOCIATION SHALL NOT ISSUE NOTES HJM 1, by Education Committee, was read the second time OR BONDS TO FINANCE DEPARTMENT OF LABOR by title and filed for third reading. PROJECTS UNLESS CERTAIN CONDITIONS ARE MET; H 17, H 45, and H 61, by Transportation and Defense AMENDING CHAPTER 13, TITLE 72, IDAHO CODE, Committee, were read the second time by title and filed for third BY THE ADDITION OF A NEW SECTION 72-1346B, reading. IDAHO CODE, TO AUTHORIZE THE ISSUANCE OF UNEMPLOYMENT BENEFIT BONDS AND NOTES, TO H 40 and H 41, by Environment, Energy, and Technology PROVIDE FOR APPROPRIATION OF REVENUES IN THE Committee, were read the second time by title and filed for third DEPARTMENT OF LABOR'S EMPLOYMENT SECURITY reading. RESERVE FUND, TO ALLOW THE DEPARTMENT OF LABOR'S EMPLOYMENT SECURITY FUND TO REPAY H 51, by Education Committee, was read the second time by THE EMPLOYMENT SECURITY RESERVE FUND AND title and filed for third reading. TO REQUIRE THE DIRECTOR OF THE DEPARTMENT OF LABOR TO OBTAIN FEDERAL ADVANCES AS There being no objection, the House returned to the Seventh NECESSARY TO PAY UNEMPLOYMENT INSURANCE Order of Business. BENEFITS; AMENDING SECTION 72-1350, IDAHO CODE, TO INCREASE THE FUND SIZE MULTIPLIER; PROVIDING Motions, Memorials, and Resolutions SEVERABILITY; AND DECLARING AN EMERGENCY. Mr. Moyle moved that all rules of the House interfering with the immediate consideration of H 102 be suspended; that the HOUSE BILL NO. 109 portions of Section 15, Article 3 of the Constitution of the State BY COMMERCE AND HUMAN RESOURCES of Idaho, requiring all bills to be read on three several days be COMMITTEE dispensed with, this being a case of urgency; and that H 102 be AN ACT read the first time by title, second time by title, and third time at RELATING TO THE EMPLOYMENT SECURITY length, section by section, and placed before the House for final LAW; AMENDING SECTION 72-1367A, IDAHO CODE, consideration. Seconded by Mr. Rusche. TO ADD AN ADDITIONAL TEMPORARY TOTAL UNEMPLOYMENT RATE INDICATOR FOR EXTENDED The question being, "Shall the rules be suspended?" BENEFITS THAT QUALIFY FOR FEDERAL FUNDS AND TO MAKE TECHNICAL CORRECTIONS; DECLARING Roll call resulted as follows: AN EMERGENCY AND PROVIDING RETROACTIVE AYES – Anderson, Barbieri, Barrett, Bateman, Bayer, APPLICATION. Bedke, Bell, Bilbao, Black, Block, Bolz, Boyle, Buckner-Webb, Burgoyne, Chadderdon(Chadderdon), Chew, Collins, Cronin, HOUSE BILL NO. 110 DeMordaunt, Ellsworth, Eskridge, Guthrie, Hagedorn, Hart, BY LOCAL GOVERNMENT COMMITTEE Hartgen, Harwood, Henderson, Higgins, Jaquet, Killen, King, AN ACT Lacey, Lake, Loertscher, Luker, Marriott, McGeachin, McMillan, RELATING TO URBAN RENEWAL; AMENDING Moyle, Nesset, Nielsen, Nonini, Palmer, Patrick, Pence, SECTION 50-2008, IDAHO CODE, TO PROVIDE FOR A Perry, Raybould, Ringo, Roberts, Rusche, Schaefer, Shepherd, PUBLIC HEARING, TO REVISE PROVISIONS RELATING Shirley, Simpson, Sims, Smith(30), Stevenson, Takasugi(Batt), TO A PUBLIC HEARING ON THE URBAN RENEWAL Thompson, Trail, Vander Woude, Wills, Wood(27), Wood(35), PROJECT AND TO MAKE TECHNICAL CORRECTIONS. Mr. Speaker. Total – 65. NAYS – None. HOUSE BILL NO. 111 Absent and excused – Andrus, Crane, Gibbs(Wheeler), BY JUDICIARY, RULES, AND ADMINISTRATION Smith(24), Thayn. Total – 5. COMMITTEE Total – 70. AN ACT RELATING TO PEACE OFFICERS; AMENDING Whereupon the Speaker declared that more than two-thirds CHAPTER 5, TITLE 19, IDAHO CODE, BY THE ADDITION of the membership having voted in the affirmative, the motion OF A NEW SECTION 19-510B, IDAHO CODE, TO carried, the rules were suspended, and H 102 was read the first PROVIDE FOR ENFORCEMENT OF STATE LAW BY time by title, second time by title, and third time at length, section LAW ENFORCEMENT OFFICERS OF FEDERALLY by section, and placed before the House for final consideration. RECOGNIZED INDIAN TRIBES WITHIN THE STATE AND THE REQUIREMENTS THEREFOR; AND AMENDING At this time, the Speaker recognized Mr. Lake to open debate. SECTION 19-5101, IDAHO CODE, TO REVISE A The question being, "Shall H 102 pass?" DEFINITION. H 107, H 108, H 109, H 110, and H 111 were introduced, Roll call resulted as follows: read the first time by title, and referred to the Judiciary, Rules, AYES – Anderson, Barbieri, Barrett, Bateman, Bayer, and Administration Committee for printing. Bedke, Bell, Bilbao, Black, Block, Bolz, Boyle, Buckner-Webb, Burgoyne, Chadderdon(Chadderdon), Chew, Collins, Cronin, S 1014, S 1029, S 1030, and S 1031, by Judiciary and Rules DeMordaunt, Ellsworth, Eskridge, Guthrie, Hagedorn, Hart, Committee, were introduced, read the first time by title, and Hartgen, Harwood, Henderson, Higgins, Jaquet, Killen, King, referred to the Judiciary, Rules, and Administration Committee. Lacey, Lake, Loertscher, Luker, Marriott, McGeachin, McMillan, Moyle, Nesset, Nielsen, Nonini, Palmer, Patrick, Pence, There being no objection, the House advanced to the Tenth Perry, Raybould, Ringo, Roberts, Rusche, Schaefer, Shepherd, Order of Business. Shirley, Simpson, Sims, Smith(30), Stevenson, Takasugi(Batt), [February 4, 2011 HOUSE JOURNAL 59

Thompson, Trail, Vander Woude, Wills, Wood(27), Wood(35), Mr. Speaker. Total – 65. NAYS – None. Absent and excused – Andrus, Crane, Gibbs(Wheeler), Smith(24), Thayn. Total – 5. Total – 70. Whereupon the Speaker declared that H 102 passed the House. Title was approved and the bill ordered transmitted to the Senate. There being no objection, the House advanced to the Sixteenth Order of Business. Adjournment Mr. Moyle moved that the House adjourn until 11 a.m., Monday, February 7, 2011. Seconded by Mr. Rusche. Motion carried. Whereupon the Speaker declared the House adjourned at 10:28 a.m. LAWERENCE DENNEY, Speaker ATTEST: BONNIE ALEXANDER, Chief Clerk 60 HOUSE JOURNAL February 7, 2011]

HOUSE JOURNAL There being no objection, the House advanced to the Seventh Order of Business. OF THE Motions, Memorials, and Resolutions IDAHO LEGISLATURE Mr. Moyle moved that all rules of the House interfering with the immediate consideration of HP 2 be suspended; that the FIRST REGULAR SESSION portions of Section 15, Article 3 of the Constitution of the State SIXTY-FIRST LEGISLATURE of Idaho, requiring all bills to be read on three several days be dispensed with, this being a case of urgency; and that HP 2 be read the first time by title, second time by title, and third time at length, and placed before the House for final consideration. Seconded by Mr. Bedke. TWENTY-NINTH LEGISLATIVE DAY The question being, "Shall the rules be suspended?" MONDAY, FEBRUARY 7, 2011 Roll call resulted as follows: AYES – Anderson, Andrus, Barbieri, Barrett, Bateman, House of Representatives Bayer, Bedke, Bell, Bilbao, Black, Block, Bolz, Boyle, The House convened at 11 a.m., the Speaker in the Chair. Buckner-Webb, Burgoyne, Chadderdon(Chadderdon), Chew, Collins, Crane, Cronin, DeMordaunt, Ellsworth, Eskridge, Roll call showed all 70 members present. Gibbs(Wheeler), Guthrie, Hagedorn, Hart, Hartgen, Harwood, Henderson, Higgins, Jaquet, Killen, King, Lacey, Lake, Luker, Prayer was offered by Guest Chaplain Gary Moore. Marriott, McGeachin, McMillan, Moyle, Nesset, Nielsen, The Pledge of Allegiance was led by Edward Smith, Page. Nonini, Palmer, Patrick, Pence, Perry, Raybould, Ringo, Roberts, Rusche, Schaefer, Shepherd, Shirley, Simpson, Sims, Smith(30), Smith(24), Stevenson, Takasugi(Batt), Thayn, Thompson, Trail, Approval of Journal Vander Woude, Wills, Wood(27), Wood(35), Mr. Speaker. Total – 69. February 7, 2011 NAYS – None. Mr. Speaker: Absent and excused – Loertscher. Total – 1. We, your COMMITTEE ON JUDICIARY, RULES, AND Total – 70. ADMINISTRATION, report that we have read and approved the House Journal of the Twenty-sixth Legislative Day and Whereupon the Speaker declared that more than two-thirds recommend that same be adopted as corrected. of the membership having voted in the affirmative, the motion WILLS, Chairman carried, the rules were suspended, and HP 2 was read the first time by title, second time by title, and third time at length, and Mr. Wills moved that the report be adopted. Seconded by placed before the House for final consideration. Mr. Burgoyne. Report adopted. At this time, the Speaker recognized Mr. Bateman and Mr. Hartgen to open debate. Consideration of Messages from the Governor and the Senate The question being, "Shall HP 2 be adopted?" February 4, 2011 Whereupon the Speaker declared HP 2 adopted by voice vote Mr. Speaker: and ordered the proclamation transmitted to the Senate. I transmit herewith S 1007 which has passed the Senate. WOOD, Secretary Introduction, First Reading, and Reference of Bills and Joint Resolutions S 1007 was filed for first reading. HOUSE BILL NO. 112 BY LOCAL GOVERNMENT COMMITTEE Report of Standing Committees AN ACT February 7, 2011 RELATING TO AUCTIONEERS; REPEALING SECTION Mr. Speaker: 63-2304, IDAHO CODE, RELATING TO AUCTIONEER We, your COMMITTEE ON JUDICIARY, RULES, AND LICENSES. ADMINISTRATION, report that we have printed H 107, H 108, H 109, H 110, and H 111. WILLS, Chairman HOUSE BILL NO. 113 BY LOCAL GOVERNMENT COMMITTEE H 107 was referred to the Resources and Conservation AN ACT Committee. RELATING TO PROPERTY TAX; AMENDING SECTION 63-701, IDAHO CODE, TO REVISE A DEFINITION; H 108 and H 109 were referred to the Commerce and Human AMENDING SECTION 63-706, IDAHO CODE, TO Resources Committee. REMOVE PROVISIONS RELATING TO PROCEDURES H 110 was referred to the Local Government Committee. ASSOCIATED WITH COUNTY ASSESSORS' APPROVAL, MODIFICATION OR DISAPPROVAL OF CERTAIN CLAIMS H 111 was referred to the Judiciary, Rules, and FOR PROPERTY TAX REDUCTION AND PROCEDURES Administration Committee. RELATING TO ACTION BY THE COUNTY BOARD OF [February 7, 2011 HOUSE JOURNAL 61

EQUALIZATION ASSOCIATED WITH SUCH CLAIMS; MAY MARKET A DISTRICT FACILITY ACQUIRED, AMENDING SECTION 63-707, IDAHO CODE, TO REMOVE LEASED, OR BUILT, OR THAT IS THE SUBJECT OF A PROVISION RELATING TO APPROVAL OF CERTAIN PLANNING FOR ACQUISITION, LEASE, DESIGN, AND/OR CLAIMS BY THE BOARD OF EQUALIZATION, TO CONSTRUCTION; AND AMENDING SECTION 67-4912, REVISE PROVISIONS RELATING TO THE TIME IN IDAHO CODE, TO REVISE GENERAL POWERS OF THE WHICH THE PROPERTY TAX REDUCTION ROLL SHALL BOARD OF AN AUDITORIUM DISTRICT. BE CERTIFIED TO THE COUNTY AUDITOR AND TO THE STATE TAX COMMISSION, TO PROVIDE THAT HOUSE BILL NO. 117 THE PROPERTY TAX REDUCTION ROLL SHALL BE BY STATE AFFAIRS COMMITTEE ACCOMPANIED BY A COPY OF THE CLAIM FORMS, AN ACT TO REVISE THE TIME IN WHICH CLAIMANTS SHALL RELATING TO STATE SOVEREIGNTY AND HEALTH HAVE TO MAKE WRITTEN PROTEST TO THE TAX AND SAFETY; PROVIDING LEGISLATIVE INTENT; COMMISSION RELATING TO THE COMMISSION'S AMENDING SECTION 39-9003, IDAHO CODE, TO REVISE INTENT TO DISAPPROVE ALL OR A PORTION OF A A STATEMENT OF PUBLIC POLICY, TO HEREBY CLAIM AND TO REVISE THE TIME IN WHICH THE TAX DECLARE THAT THE PUBLIC POLICY OF THE STATE COMMISSION SHALL HAVE TO PROVIDE WRITTEN OF IDAHO IS THAT NO PERSON WITHIN THE STATE NOTICE OF DISAPPROVAL TO A CLAIMANT OR A OF IDAHO SHALL BE COMPELLED TO PARTICIPATE PERSON OR ENTITY ACTING ON BEHALF OF THE IN CERTAIN HEALTH INSURANCE, THAT EVERY CLAIMANT; AMENDING SECTION 63-715, IDAHO CODE, EMPLOYER IN THE STATE OF IDAHO SHALL BE TO REMOVE REFERENCE TO THE APPROVAL OF FREE TO DECIDE WHETHER TO OFFER, MAINTAIN, ELECTIONS OF DEFERRALS OF PAYMENT OF PROPERTY CONTRIBUTE TO OR MODIFY CERTAIN HEALTH TAXES BY THE COUNTY BOARD OF EQUALIZATION; INSURANCE PLANS, THAT THE STATE OF IDAHO AND AMENDING SECTION 63-716, IDAHO CODE, TO REAFFIRMS ITS SOVEREIGN POWER, AND THAT REMOVE REFERENCE TO APPROVAL OF DEFERRALS THE CONSTRUCTION OR EXPANSION OF CERTAIN OF PAYMENTS OF PROPERTY TAXES BY THE COUNTY HOSPITALS OR MEDICAL FACILITIES IS A MATTER BOARD OF EQUALIZATION. RESERVED TO THE JURISDICTION OF THE STATE OF IDAHO; AMENDING CHAPTER 90, TITLE 39, IDAHO CODE, BY THE ADDITION OF A NEW SECTION 39-9005, IDAHO CODE, TO PROVIDE THAT CERTAIN PUBLIC HOUSE BILL NO. 114 LAWS SHALL NOT BE ENFORCED BY THE STATE BY LOCAL GOVERNMENT COMMITTEE OF IDAHO, TO PROVIDE THAT NO DEPARTMENT, AN ACT AGENCY OR POLITICAL SUBDIVISION OF THE STATE RELATING TO URBAN RENEWAL; AMENDING OF IDAHO SHALL ESTABLISH ANY PROGRAM, SECTION 50-2006, IDAHO CODE, TO PROVIDE FOR PROMULGATE ANY RULE, POLICY, GUIDELINE OR AN ELECTION, TO REVISE PROVISIONS RELATING PLAN OR CHANGE ANY PROGRAM, RULE, POLICY, OR TO ESTABLISHING A BOARD OF COMMISSIONERS, GUIDELINE TO IMPLEMENT CERTAIN PUBLIC LAWS, TO TO PROVIDE FOR COMPOSITION OF A BOARD OF PROVIDE THAT NO DEPARTMENT, AGENCY, POLITICAL COMMISSIONERS, TO PROVIDE FOR BOARD TERMS, SUBDIVISION, PUBLIC OFFICER OR EMPLOYEE OF TO REVISE PROVISIONS RELATING TO REMOVAL THE STATE OF IDAHO SHALL ENTER INTO ANY OF A COMMISSIONER, TO PROVIDE FOR FILLING A AGREEMENT OR OBLIGATION TO IMPLEMENT CERTAIN VACANCY, TO REVISE PROVISIONS RELATING TO THE PUBLIC LAWS, TO PROVIDE THAT NO DEPARTMENT, ELECTION OF BOARD OFFICERS AND TO MAKE A AGENCY, POLITICAL SUBDIVISION, PUBLIC OFFICER TECHNICAL CORRECTION. OR EMPLOYEE OF THE STATE OF IDAHO SHALL PROVIDE ASSISTANCE OR RESOURCES TO ANY AGENCY, PUBLIC OFFICIAL, EMPLOYEE OR AGENT HOUSE BILL NO. 115 OF THE FEDERAL GOVERNMENT RELATED TO ANY BY LOCAL GOVERNMENT COMMITTEE ATTEMPTED IMPLEMENTATION OR ENFORCEMENT AN ACT OF CERTAIN PUBLIC LAWS, TO PROVIDE THAT NO RELATING TO ENFORCING EXECUTION OF PLATS; DEPARTMENT, AGENCY OR POLITICAL SUBDIVISION AMENDING SECTION 50-1314, IDAHO CODE, TO OF THE STATE OF IDAHO SHALL ACCEPT OR EXPEND PROVIDE CORRECT CODE REFERENCES, TO PROVIDE CERTAIN MONEYS, TO PROVIDE THAT NO ORDER OF INSTRUCTION TO THE COUNTY RECORDER TO JUDGMENT, WRIT OR LEVY OF EXECUTION SHALL PERFORM CERTAIN TASKS, TO PERMIT BILLING OF ISSUE OR OTHERWISE BE ENFORCED UPON ANY PROPERTY OWNERS OF A CERTAIN ASSESSMENT, PROPERTY OR AGAINST ANY PERSON IN THE STATE OF TO PROVIDE FOR PAYMENT WHEN NOT PAID AS IDAHO TO COLLECT ANY AMOUNTS ADJUDGED DUE REQUESTED, TO REVISE HOW THE ASSESSMENT WILL OR ASSESSED AGAINST THE STATE OF IDAHO OR ITS BE COLLECTED AND WHERE THE ASSESSMENT WILL RESIDENTS FOR FAILURE TO COMPLY WITH CERTAIN GO AND TO MAKE TECHNICAL CORRECTIONS. PUBLIC LAWS AND TO PROVIDE THAT FOR INJUNCTIVE RELIEF AND THE AWARD OF ATTORNEY FEE'S AND COSTS; PROVIDING SEVERABILITY AND DECLARING HOUSE BILL NO. 116 AN EMERGENCY. BY STATE AFFAIRS COMMITTEE AN ACT RELATING TO AUDITORIUM DISTRICTS; AMENDING H 112, H 113, H 114, H 115, H 116, and H 117 were SECTION 67-4902, IDAHO CODE, TO DEFINE THE TERM introduced, read the first time by title, and referred to the "MARKETING," TO PROVIDE THAT ANY DISTRICT Judiciary, Rules, and Administration Committee for printing. 62 HOUSE JOURNAL February 7, 2011]

S 1007, by State Affairs Committee, was introduced, read the TRANSPORTATION AND DEFENSE (15) first time by title, and referred to the State Affairs Committee. Smith(24), Chairman There being no objection, the House advanced to the Tenth Palmer, Vice Chairman Order of Business. Second Reading of Bills and Joint Resolutions Wood(35) Ringo Bedke King Wills Killen HCR 4, by Environment, Energy, and Technology Hart Committee, was read the second time by title and filed for third reading. Nonini Hagedorn Bateman H 100, by Agricultural Affairs Committee, was read the Ellsworth second time by title and filed for third reading. Henderson Nesset H 67 and H 68, by Judiciary, Rules, and Administration Committee, were read the second time by title and filed for third There being no objection, the House advanced to the reading. Sixteenth Order of Business. Adjournment H 70, H 71, H 72, and H 74, by Business Committee, were read the second time by title and filed for third reading. Mr. Moyle moved that the House adjourn until 11 a.m., Tuesday, February 8, 2011. Seconded by Mr. Rusche. Motion carried. Third Reading of Bills and Joint Resolutions HJM 1 was read the third time at length and placed before Whereupon the Speaker declared the House adjourned at the House for final consideration. 12:05 p.m. LAWERENCE DENNEY, Speaker At this time, the Speaker recognized Mr. Nonini and Mr. Moyle to open debate. ATTEST: BONNIE ALEXANDER, Chief Clerk The question being, "Shall HJM 1 be adopted?"

Roll call resulted as follows: AYES – Anderson, Andrus, Barbieri, Bateman, Bayer, Bedke, Bell, Bilbao, Black, Block, Bolz, Boyle, Chadderdon(Chadderdon), Collins, Crane, DeMordaunt, Ellsworth, Eskridge, Gibbs(Wheeler), Guthrie, Hagedorn, Hart, Hartgen, Henderson, Lake, Luker, McGeachin, McMillan, Moyle, Nesset, Nonini, Palmer, Perry, Raybould, Roberts, Schaefer, Shepherd, Shirley, Simpson, Stevenson, Takasugi(Batt), Thayn, Thompson, Trail, Vander Woude, Wills, Wood(27), Wood(35), Mr. Speaker. Total – 49. NAYS – Barrett, Buckner-Webb, Burgoyne, Chew, Cronin, Harwood, Higgins, Jaquet, Killen, King, Lacey, Marriott, Nielsen, Patrick, Pence, Ringo, Rusche, Sims, Smith(30), Smith(24). Total – 20. Absent and excused – Loertscher. Total – 1. Total – 70. Whereupon the Speaker declared HJM 1 adopted and ordered the memorial transmitted to the Senate.

Mr. Moyle asked unanimous consent that the remaining bills on the Third Reading Calendar retain their places for one legislative day. There being no objection, it was so ordered. There being no objection, the House advanced to the Thirteenth Order of Business.

Miscellaneous and Unfinished Business

Representative Palmer will serve as Vice Chairman of the Transportation and Defense Committee. [February 8, 2011 HOUSE JOURNAL 63

HOUSE JOURNAL H 117 was referred to the State Affairs Committee. February 7, 2011 OF THE Mr. Speaker: We, your COMMITTEE ON EDUCATION, report that we IDAHO LEGISLATURE have had under consideration H 78 and recommend that it do pass. FIRST REGULAR SESSION NONINI, Chairman SIXTY-FIRST LEGISLATURE H 78 was filed for second reading. February 7, 2011 Mr. Speaker: We, your COMMITTEE ON JUDICIARY, RULES, THIRTIETH LEGISLATIVE DAY AND ADMINISTRATION, report that we have had under TUESDAY, FEBRUARY 8, 2011 consideration S 1003 and S 1048 and recommend that they do pass. WILLS, Chairman House of Representatives S 1003 and S 1048 were filed for second reading. The House convened at 11 a.m., the Speaker in the Chair. February 8, 2011 Roll call showed 68 members present. Mr. Speaker: Absent and excused – Bayer, Loertscher. Total – 2. We, your COMMITTEE ON STATE AFFAIRS, report that Total – 70. we have had under consideration H 87, H 89, and H 90 and recommend that they do pass. Prayer was offered by Guest Chaplain Gary Moore. LOERTSCHER, Chairman The Pledge of Allegiance was led by Rob Schmidt, Page. H 87, H 89, and H 90 were filed for second reading. Approval of Journal There being no objection, the House advanced to the Eighth February 8, 2011 Order of Business. Mr. Speaker: We, your COMMITTEE ON JUDICIARY, RULES, AND Introduction, First Reading, and Reference ADMINISTRATION, report that we have read and approved of Bills and Joint Resolutions the House Journal of the Twenty-ninth Legislative Day and recommend that same be adopted as corrected. HOUSE BILL NO. 118 WILLS, Chairman BY EDUCATION COMMITTEE Mr. Wills moved that the report be adopted. Seconded by AN ACT Mr. Burgoyne. Report adopted. RELATING TO THE BOARD OF TRUSTEES OF SCHOOL DISTRICTS; AMENDING SECTION 33-501, IDAHO CODE, TO PROVIDE THAT EACH NEWLY Consideration of Messages from the ELECTED TRUSTEE SHALL UNDERTAKE AND Governor and the Senate SUCCESSFULLY COMPLETE A TRAINING COURSE DESIGNED BY THE IDAHO SCHOOL BOARDS February 7, 2011 ASSOCIATION IN CONJUNCTION WITH THE STATE Mr. Speaker: DEPARTMENT OF EDUCATION REGARDING PUBLIC I return herewith HCR 2 and HP 2 which have passed the EDUCATION LAW, FINANCE AND MANAGEMENT IN Senate. IDAHO AND TO MAKE A TECHNICAL CORRECTION. WOOD, Secretary HOUSE BILL NO. 119 HCR 2 was referred to the Judiciary, Rules, and BY JUDICIARY, RULES, AND ADMINISTRATION Administration Committee for enrolling. COMMITTEE HP 2 was ordered filed in the office of the Chief Clerk. AN ACT RELATING TO UNIFORM CONTROLLED SUBSTANCES; AMENDING SECTION 37-2705, IDAHO Report of Standing Committees CODE, TO IDENTIFY ADDITIONAL SUBSTANCES TO BE CLASSIFIED IN SCHEDULE I; AND DECLARING AN February 8, 2011 EMERGENCY. Mr. Speaker: We, your COMMITTEE ON JUDICIARY, RULES, AND HOUSE BILL NO. 120 ADMINISTRATION, report that we have printed H 112, H 113, BY JUDICIARY, RULES, AND ADMINISTRATION H 114, H 115, H 116, and H 117. COMMITTEE WILLS, Chairman AN ACT H 112, H 114, H 115, and H 116 were referred to the Local RELATING TO COUNTY SHERIFFS; AMENDING Government Committee. SECTION 34-618, IDAHO CODE, TO PROVIDE ADDITIONAL QUALIFICATIONS FOR COUNTY SHERIFFS H 113 was referred to the Revenue and Taxation Committee. AND TO PROVIDE AN EXCEPTION. 64 HOUSE JOURNAL February 8, 2011]

HOUSE BILL NO. 121 TO REVISE PROVISIONS RELATING TO REVENUE BY JUDICIARY, RULES, AND ADMINISTRATION ALLOCATION AREAS AND MONEYS OBTAINED COMMITTEE THERETO; AND PROVIDING SEVERABILITY. AN ACT RELATING TO EXEMPTIONS FROM ATTACHMENT; HOUSE BILL NO. 126 REPEALING SECTION 11-204, IDAHO CODE, RELATING BY REVENUE AND TAXATION COMMITTEE TO EXEMPTION IN FAVOR OF MARRIED WOMAN; AN ACT AMENDING CHAPTER 2, TITLE 11, IDAHO CODE, BY RELATING TO THE SPECIAL INCOME TAX CREDIT THE ADDITION OF A NEW SECTION 11-204, IDAHO AVAILABLE FOR NEW EMPLOYEES; AMENDING CODE, TO PROVIDE THAT ALL REAL AND PERSONAL SECTION 63-3029F, IDAHO CODE, TO REVISE THE PROPERTY OF ANY MARRIED PERSON AT THE TIME INCOME TAX CREDIT AVAILABLE TO TAXPAYERS FOR OF HIS OR HER MARRIAGE, OR WHICH HE OR SHE EMPLOYING NEW EMPLOYEES; AMENDING SECTION SUBSEQUENTLY ACQUIRES AS SEPARATE PROPERTY, 63-4405, IDAHO CODE, TO PROVIDE A CORRECT CODE AND ALL NONCOMMUNITY RENTS, ISSUES AND REFERENCE; DECLARING AN EMERGENCY, PROVIDING PROFITS THEREOF, ARE EXEMPT FROM EXECUTION RETROACTIVE APPLICATION AND PROVIDING A FOR ANY SEPARATE DEBTS INCURRED BY HIS OR HER SUNSET DATE. SPOUSE; AND DECLARING AN EMERGENCY. H 118, H 119, H 120, H 121, H 122, H 123, H 124, H 125, HOUSE BILL NO. 122 and H 126 were introduced, read the first time by title, and BY COMMERCE AND HUMAN RESOURCES referred to the Judiciary, Rules, and Administration Committee COMMITTEE for printing. AN ACT There being no objection, the House advanced to the RELATING TO THE EMPLOYMENT SECURITY Eleventh Order of Business. LAW AND TO UNEMPLOYMENT BENEFIT FINANCING; AMENDING SECTION 72-1367, IDAHO CODE, TO REVISE Third Reading of Bills and Joint Resolutions THE RATIOS OF TOTAL BASE PERIOD EARNINGS TO THE HIGHEST QUARTER EARNINGS. H 17 was read the third time at length, section by section, and placed before the House for final consideration. HOUSE BILL NO. 123 At this time, the Speaker recognized Ms. King to open BY EDUCATION COMMITTEE debate. AN ACT RELATING TO EDUCATION; AMENDING SECTION The question being, "Shall H 17 pass?" 33-1002, IDAHO CODE, TO REVISE PROVISIONS RELATING TO KINDERGARTEN SUPPORT UNITS AND Roll call resulted as follows: TO PROVIDE PROVISIONS RELATING TO CERTAIN AYES – Anderson, Bateman, Bedke, Bilbao, Black, Block, EXPENDITURES. Bolz, Buckner-Webb, Burgoyne, Chadderdon(Chadderdon), Chew, Collins, Crane, Cronin, DeMordaunt, Ellsworth, Eskridge, HOUSE BILL NO. 124 Gibbs(Wheeler), Guthrie, Hagedorn, Hartgen, Higgins, Jaquet, BY REVENUE AND TAXATION COMMITTEE Killen, King, Lacey, Lake, Luker, Marriott, McGeachin, Moyle, AN ACT Nesset, Nonini, Palmer, Pence, Perry, Raybould, Ringo, Rusche, RELATING TO PROPERTY TAXATION; AMENDING Shirley, Simpson, Sims, Smith(30), Smith(24), Stevenson, SECTION 63-301A, IDAHO CODE, TO REVISE Takasugi(Batt), Thompson, Trail, Vander Woude, Wills, PROVISIONS RELATING TO NEW CONSTRUCTION ROLL Wood(27), Mr. Speaker. Total – 52. TO PROVIDE FOR A CERTAIN TIME FRAME AND TO NAYS – Andrus, Barbieri, Barrett, Bell, Boyle, Harwood, MAKE A TECHNICAL CORRECTION. McMillan, Nielsen, Patrick, Roberts, Schaefer, Shepherd, Thayn, Wood(35). Total – 14. HOUSE BILL NO. 125 Absent and excused – Bayer, Hart, Henderson, Loertscher. BY REVENUE AND TAXATION COMMITTEE Total – 4. AN ACT Total – 70. RELATING TO URBAN RENEWAL; AMENDING Whereupon the Speaker declared that H 17 passed the House. SECTION 50-2006, IDAHO CODE, TO REVISE STATUTORY Title was approved and the bill ordered transmitted to the Senate. PROVISIONS REGARDING AN URBAN RENEWAL AGENCY AND TO MAKE TECHNICAL CORRECTIONS; H 45 was read the third time at length, section by section, AMENDING SECTION 50-2007, IDAHO CODE, TO REVISE and placed before the House for final consideration. POWERS OF AN URBAN RENEWAL AGENCY AND TO MAKE A TECHNICAL CORRECTION; AMENDING At this time, the Speaker recognized Mr. Palmer to open CHAPTER 20, TITLE 50, IDAHO CODE, BY THE ADDITION debate. OF A NEW SECTION 50-2033, IDAHO CODE, TO PROVIDE The question being, "Shall H 45 pass?" FOR PROHIBITED AMENDMENT; AMENDING SECTION 50-2903, IDAHO CODE, TO REVISE DEFINITIONS AND Roll call resulted as follows: TO MAKE A TECHNICAL CORRECTION; AMENDING AYES – Anderson, Barbieri, Bateman, Bedke, Bilbao, CHAPTER 29, TITLE 50, IDAHO CODE, BY THE ADDITION Black, Block, Bolz, Boyle, Buckner-Webb, Burgoyne, OF A NEW SECTION 50-2903A, IDAHO CODE, TO Chadderdon(Chadderdon), Chew, Collins, Crane, Cronin, PROVIDE THE ANNUAL BUDGET, PLAN TERMINATION DeMordaunt, Ellsworth, Eskridge, Gibbs(Wheeler), Guthrie, AND STATEMENT OF EXCESS REVENUE ALLOCATION Hagedorn, Hart, Higgins, Jaquet, Killen, King, Lacey, McMillan, FUNDS; AMENDING SECTION 50-2904, IDAHO CODE, Nesset, Nielsen, Nonini, Palmer, Pence, Perry, Raybould, [February 8, 2011 HOUSE JOURNAL 65

Ringo, Rusche, Schaefer, Shepherd, Shirley, Simpson, Sims, H 41 was read the third time at length, section by section, Smith(30), Takasugi(Batt), Thompson, Trail, Vander Woude, and placed before the House for final consideration. Wills, Wood(27), Wood(35), Mr. Speaker. Total – 52. NAYS – Andrus, Barrett, Bell, Hartgen, Harwood, Lake, At this time, the Speaker recognized Mr. Cronin to open Luker, Marriott, McGeachin, Moyle, Patrick, Roberts, Smith(24), debate. Stevenson, Thayn. Total – 15. Pursuant to Rule 38(3), Mr. Vander Woude disclosed a Absent and excused – Bayer, Henderson, Loertscher. conflict of interest regarding H 41. Total – 3. Total – 70. Pursuant to Rule 38(3), Mr. Raybould disclosed a conflict of interest regarding H 41. Whereupon the Speaker declared that H 45 passed the House. Title was approved and the bill ordered transmitted to the Senate. Pursuant to Rule 38(3), Mr. Guthrie disclosed a conflict of interest regarding H 41. H 61 was read the third time at length, section by section, and placed before the House for final consideration. Pursuant to Rule 38(3), Mr. Nielsen disclosed a conflict of interest regarding H 41. At this time, the Speaker recognized Mr. Killen to open debate. Pursuant to Rule 38(3), Mr. Andrus disclosed a conflict of interest regarding H 41. The question being, "Shall H 61 pass?" The question being, "Shall H 41 pass?" Roll call resulted as follows: AYES – Anderson, Andrus, Barbieri, Barrett, Bateman, Roll call resulted as follows: Bedke, Bell, Bilbao, Block, Bolz, Boyle, Buckner-Webb, AYES – Anderson, Andrus, Bateman, Bedke, Bell, Burgoyne, Chadderdon(Chadderdon), Chew, Collins, Crane, Bilbao, Black, Block, Bolz, Buckner-Webb, Burgoyne, Cronin, DeMordaunt, Ellsworth, Eskridge, Gibbs(Wheeler), Chadderdon(Chadderdon), Chew, Collins, Crane, Cronin, Guthrie, Hagedorn, Hartgen, Higgins, Jaquet, Killen, King, DeMordaunt, Ellsworth, Eskridge, Gibbs(Wheeler), Guthrie, Lacey, Lake, Luker, Marriott, McGeachin, McMillan, Moyle, Hagedorn, Hart, Hartgen, Harwood, Higgins, Jaquet, Killen, Nesset, Nielsen, Nonini, Palmer, Patrick, Pence, Perry, Raybould, King, Lacey, Lake, Luker, McGeachin, Moyle, Nesset, Nielsen, Ringo, Roberts, Rusche, Schaefer, Shepherd, Shirley, Simpson, Nonini, Patrick, Pence, Perry, Raybould, Ringo, Roberts, Sims, Smith(30), Smith(24), Stevenson, Takasugi(Batt), Thayn, Rusche, Schaefer, Shirley, Simpson, Sims, Smith(30), Smith(24), Thompson, Trail, Vander Woude, Wills, Wood(27), Wood(35), Stevenson, Takasugi(Batt), Thayn, Thompson, Trail, Vander Mr. Speaker. Total – 64. Woude, Wills, Wood(27), Mr. Speaker. Total – 59. NAYS – Hart, Harwood. Total – 2. NAYS – Barbieri, Barrett, Boyle, Marriott, McMillan, Absent and excused – Bayer, Black, Henderson, Loertscher. Palmer, Shepherd, Wood(35). Total – 8. Total – 4. Absent and excused – Bayer, Henderson, Loertscher. Total – 70. Total – 3. Total – 70. Whereupon the Speaker declared that H 61 passed the House. Title was approved and the bill ordered transmitted to the Senate. Whereupon the Speaker declared that H 41 passed the House. Title was approved and the bill ordered transmitted to the Senate. H 40 was read the third time at length, section by section, H 51 was read the third time at length, section by section, and placed before the House for final consideration. and placed before the House for final consideration. At this time, the Speaker recognized Mr. Harwood to open At this time, the Speaker recognized Mr. Wills to open debate. debate. The question being, "Shall H 40 pass?" The question being, "Shall H 51 pass?"

Roll call resulted as follows: Roll call resulted as follows: AYES – Anderson, Andrus, Barbieri, Barrett, Bateman, AYES – Anderson, Andrus, Barbieri, Barrett, Bateman, Bedke, Bell, Bilbao, Block, Bolz, Boyle, Buckner-Webb, Bedke, Bell, Bilbao, Black, Block, Bolz, Boyle, Buckner-Webb, Burgoyne, Chadderdon(Chadderdon), Chew, Collins, Crane, Burgoyne, Chadderdon(Chadderdon), Chew, Collins, Crane, Cronin, DeMordaunt, Ellsworth, Eskridge, Gibbs(Wheeler), Cronin, DeMordaunt, Ellsworth, Eskridge, Gibbs(Wheeler), Guthrie, Hagedorn, Hart, Hartgen, Harwood, Higgins, Jaquet, Guthrie, Hagedorn, Hart, Hartgen, Harwood, Higgins, Jaquet, Killen, King, Lacey, Lake, Luker, Marriott, McGeachin, Killen, King, Lacey, Lake, Luker, Marriott, McGeachin, McMillan, Moyle, Nesset, Nielsen, Nonini, Palmer, Patrick, McMillan, Moyle, Nesset, Nielsen, Nonini, Palmer, Patrick, Pence, Perry, Raybould, Ringo, Roberts, Rusche, Schaefer, Pence, Perry, Raybould, Ringo, Roberts, Schaefer, Shepherd, Shepherd, Shirley, Simpson, Sims, Smith(30), Smith(24), Shirley, Simpson, Sims, Smith(30), Smith(24), Stevenson, Stevenson, Takasugi(Batt), Thayn, Thompson, Trail, Vander Takasugi(Batt), Thayn, Thompson, Trail, Vander Woude, Wills, Woude, Wills, Wood(27), Wood(35), Mr. Speaker. Total – 66. Wood(27), Wood(35), Mr. Speaker. Total – 66. NAYS – None. NAYS – None. Absent and excused – Bayer, Black, Henderson, Loertscher. Absent and excused – Bayer, Henderson, Loertscher, Rusche. Total – 4. Total – 4. Total – 70. Total – 70. Whereupon the Speaker declared that H 40 passed the House. Whereupon the Speaker declared that H 51 passed the House. Title was approved and the bill ordered transmitted to the Senate. Title was approved and the bill ordered transmitted to the Senate. 66 HOUSE JOURNAL February 8, 2011]

HCR 4 was read the third time at length and placed before Luker, Marriott, McGeachin, McMillan, Moyle, Nesset, Nielsen, the House for final consideration. Nonini, Palmer, Patrick, Pence, Perry, Raybould, Ringo, Roberts, Shepherd, Shirley, Simpson, Sims, Smith(30), Smith(24), At this time, the Speaker recognized Mr. Eskridge to open Stevenson, Takasugi(Batt), Thayn, Thompson, Trail, Vander debate. Woude, Wills, Wood(27), Mr. Speaker. Total – 60. The question being, "Shall HCR 4 be adopted?" NAYS – Barrett, Harwood, Lacey, Rusche, Schaefer, Wood(35). Total – 6. Roll call resulted as follows: Absent and excused – Bayer, Bedke, Henderson, Loertscher. AYES – Anderson, Andrus, Barbieri, Barrett, Bateman, Bell, Total – 4. Bilbao, Black, Block, Bolz, Boyle, Buckner-Webb, Burgoyne, Total – 70. Chadderdon(Chadderdon), Chew, Collins, Crane, Cronin, Whereupon the Speaker declared that H 67 passed the House. DeMordaunt, Ellsworth, Eskridge, Gibbs(Wheeler), Guthrie, Title was approved and the bill ordered transmitted to the Senate. Hagedorn, Hart, Hartgen, Harwood, Higgins, Jaquet, Killen, King, Lacey, Lake, Luker, Marriott, McGeachin, McMillan, H 68 was read the third time at length, section by section, Moyle, Nesset, Nielsen, Nonini, Palmer, Patrick, Pence, and placed before the House for final consideration. Perry, Raybould, Ringo, Roberts, Rusche, Schaefer, Shepherd, Shirley, Simpson, Sims, Smith(30), Smith(24), Stevenson, At this time, the Speaker recognized Ms. McMillan to open Takasugi(Batt), Thayn, Thompson, Trail, Vander Woude, Wills, debate. Wood(27), Wood(35), Mr. Speaker. Total – 66. NAYS – None. The question being, "Shall H 68 pass?" Absent and excused – Bayer, Bedke, Henderson, Loertscher. Total – 4. Roll call resulted as follows: Total – 70. AYES – Anderson, Andrus, Barbieri, Bateman, Bell, Bilbao, Black, Block, Bolz, Boyle, Buckner-Webb, Burgoyne, Whereupon the Speaker declared HCR 4 adopted and Chadderdon(Chadderdon), Chew, Collins, Crane, Cronin, ordered the resolution transmitted to the Senate. DeMordaunt, Ellsworth, Eskridge, Gibbs(Wheeler), Guthrie, Hagedorn, Hart, Hartgen, Harwood, Higgins, Jaquet, Killen, H 100 was read the third time at length, section by section, King, Lacey, Lake, Luker, Marriott, McGeachin, McMillan, and placed before the House for final consideration. Moyle, Nesset, Nielsen, Nonini, Palmer, Patrick, Pence, At this time, the Speaker recognized Mr. Trail to open debate. Perry, Raybould, Ringo, Roberts, Rusche, Schaefer, Shepherd, Shirley, Simpson, Sims, Smith(30), Smith(24), Stevenson, The question being, "Shall H 100 pass?" Takasugi(Batt), Thayn, Thompson, Trail, Vander Woude, Wills, Wood(27), Wood(35), Mr. Speaker. Total – 65. Roll call resulted as follows: NAYS – Barrett. Total – 1. AYES – Anderson, Andrus, Barbieri, Barrett, Bateman, Bell, Absent and excused – Bayer, Bedke, Henderson, Loertscher. Bilbao, Black, Block, Bolz, Boyle, Buckner-Webb, Burgoyne, Total – 4. Chadderdon(Chadderdon), Chew, Collins, Crane, Cronin, Total – 70. DeMordaunt, Ellsworth, Eskridge, Gibbs(Wheeler), Guthrie, Hagedorn, Hart, Hartgen, Harwood, Higgins, Jaquet, Killen, Whereupon the Speaker declared that H 68 passed the House. King, Lacey, Lake, Luker, Marriott, McGeachin, McMillan, Title was approved and the bill ordered transmitted to the Senate. Moyle, Nesset, Nielsen, Nonini, Palmer, Patrick, Pence, H 70 was read the third time at length, section by section, Perry, Raybould, Ringo, Roberts, Rusche, Schaefer, Shepherd, and placed before the House for final consideration. Shirley, Simpson, Sims, Smith(30), Smith(24), Stevenson, Takasugi(Batt), Thayn, Thompson, Trail, Vander Woude, Wills, At this time, the Speaker recognized Mr. Bilbao to open Wood(27), Wood(35), Mr. Speaker. Total – 66. debate. NAYS – None. Absent and excused – Bayer, Bedke, Henderson, Loertscher. The question being, "Shall H 70 pass?" Total – 4. Total – 70. Roll call resulted as follows: AYES – Anderson, Andrus, Bateman, Bell, Bilbao, Whereupon the Speaker declared that H 100 passed the Black, Block, Bolz, Boyle, Buckner-Webb, Burgoyne, House. Title was approved and the bill ordered transmitted to Chadderdon(Chadderdon), Chew, Collins, Crane, Cronin, the Senate. DeMordaunt, Ellsworth, Eskridge, Gibbs(Wheeler), Guthrie, H 67 was read the third time at length, section by section, Hagedorn, Hart, Hartgen, Harwood, Higgins, Jaquet, Killen, and placed before the House for final consideration. King, Lacey, Lake, Luker, Marriott, McGeachin, McMillan, Moyle, Nesset, Nielsen, Nonini, Palmer, Patrick, Pence, At this time, the Speaker recognized Ms. Sims to open Perry, Raybould, Ringo, Roberts, Rusche, Schaefer, Shepherd, debate. Shirley, Simpson, Sims, Smith(30), Smith(24), Stevenson, Takasugi(Batt), Thayn, Thompson, Trail, Vander Woude, Wills, The question being, "Shall H 67 pass?" Wood(27), Mr. Speaker. Total – 63. NAYS – Barbieri, Barrett, Wood(35). Total – 3. Roll call resulted as follows: Absent and excused – Bayer, Bedke, Henderson, Loertscher. AYES – Anderson, Andrus, Barbieri, Bateman, Bell, Total – 4. Bilbao, Black, Block, Bolz, Boyle, Buckner-Webb, Burgoyne, Total – 70. Chadderdon(Chadderdon), Chew, Collins, Crane, Cronin, DeMordaunt, Ellsworth, Eskridge, Gibbs(Wheeler), Guthrie, Whereupon the Speaker declared that H 70 passed the House. Hagedorn, Hart, Hartgen, Higgins, Jaquet, Killen, King, Lake, Title was approved and the bill ordered transmitted to the Senate. [February 8, 2011 HOUSE JOURNAL 67

H 71 was read the third time at length, section by section, Higgins, Jaquet, Killen, King, Lacey, Lake, Luker, Marriott, and placed before the House for final consideration. McGeachin, McMillan, Moyle, Nesset, Nielsen, Nonini, Palmer, Patrick, Pence, Perry, Raybould, Ringo, Roberts, At this time, the Speaker recognized Mr. Patrick to open Rusche, Schaefer, Shepherd, Shirley, Simpson, Sims, Smith(30), debate. Smith(24), Stevenson, Takasugi(Batt), Thayn, Thompson, Trail, Vander Woude, Wills, Wood(27), Wood(35), Mr. Speaker. The question being, "Shall H 71 pass?" Total – 68. NAYS – None. Roll call resulted as follows: Absent and excused – Bayer, Loertscher. Total – 2. AYES – Anderson, Andrus, Barbieri, Barrett, Bateman, Total – 70. Bedke, Bell, Bilbao, Black, Block, Bolz, Boyle, Buckner-Webb, Burgoyne, Chadderdon(Chadderdon), Chew, Collins, Crane, Whereupon the Speaker declared that H 74 passed the House. Cronin, DeMordaunt, Ellsworth, Eskridge, Gibbs(Wheeler), Title was approved and the bill ordered transmitted to the Senate. Guthrie, Hagedorn, Hart, Hartgen, Harwood, Higgins, Jaquet, Killen, King, Lacey, Lake, Luker, Marriott, McGeachin, There being no objection, the House advanced to the McMillan, Moyle, Nesset, Nielsen, Nonini, Palmer, Patrick, Sixteenth Order of Business. Pence, Perry, Raybould, Ringo, Roberts, Rusche, Schaefer, Shepherd, Shirley, Simpson, Sims, Smith(30), Smith(24), Adjournment Stevenson, Takasugi(Batt), Thayn, Thompson, Trail, Vander Woude, Wills, Wood(27), Wood(35), Mr. Speaker. Total – 67. Mr. Moyle moved that the House adjourn until 11 a.m., NAYS – None. Wednesday, February 9, 2011. Seconded by Mr. Rusche. Motion Absent and excused – Bayer, Henderson, Loertscher. carried. Total – 3. Total – 70. Whereupon the Speaker declared the House adjourned at 11:56 a.m. Whereupon the Speaker declared that H 71 passed the House. LAWERENCE DENNEY, Speaker Title was approved and the bill ordered transmitted to the Senate. ATTEST: H 72 was read the third time at length, section by section, BONNIE ALEXANDER, Chief Clerk and placed before the House for final consideration. At this time, the Speaker recognized Mr. Thompson to open debate. The question being, "Shall H 72 pass?"

Roll call resulted as follows: AYES – Anderson, Andrus, Barbieri, Barrett, Bateman, Bedke, Bell, Bilbao, Black, Block, Bolz, Boyle, Buckner-Webb, Burgoyne, Chadderdon(Chadderdon), Chew, Collins, Crane, Cronin, DeMordaunt, Ellsworth, Eskridge, Gibbs(Wheeler), Guthrie, Hagedorn, Hart, Hartgen, Harwood, Henderson, Higgins, Jaquet, Killen, King, Lacey, Lake, Luker, Marriott, McGeachin, McMillan, Moyle, Nesset, Nielsen, Nonini, Palmer, Patrick, Pence, Perry, Raybould, Ringo, Roberts, Rusche, Schaefer, Shepherd, Shirley, Simpson, Sims, Smith(30), Smith(24), Stevenson, Takasugi(Batt), Thayn, Thompson, Trail, Vander Woude, Wills, Wood(27), Wood(35), Mr. Speaker. Total – 68. NAYS – None. Absent and excused – Bayer, Loertscher. Total – 2. Total – 70. Whereupon the Speaker declared that H 72 passed the House. Title was approved and the bill ordered transmitted to the Senate. H 74 was read the third time at length, section by section, and placed before the House for final consideration. At this time, the Speaker recognized Ms. Batt to open debate. The question being, "Shall H 74 pass?"

HOUSE JOURNAL H 118 and H 123 were referred to the Education Committee. OF THE H 119, H 120, and H 121 were referred to the Judiciary, Rules, and Administration Committee. IDAHO LEGISLATURE H 122 was referred to the Commerce and Human Resources Committee. FIRST REGULAR SESSION H 124 and H 126 were referred to the Revenue and Taxation SIXTY-FIRST LEGISLATURE Committee. H 125 was referred to the Local Government Committee. February 9, 2011 THIRTY-FIRST LEGISLATIVE DAY Mr. Speaker: WEDNESDAY, FEBRUARY 9, 2011 We, your COMMITTEE ON JUDICIARY, RULES, AND ADMINISTRATION, report that we have enrolled HCR 2. WILLS, Chairman House of Representatives The Speaker announced he was about to sign enrolled The House convened at 11 a.m., the Speaker in the Chair. HCR 2 and, when so signed, ordered it transmitted to the Senate for the signature of the President. Roll call showed 65 members present. Absent and excused – Barbieri, Bayer, Black, Boyle, February 8, 2011 Thompson. Total – 5. Mr. Speaker: Total – 70. We, your COMMITTEE ON ENVIRONMENT, ENERGY, AND TECHNOLOGY, report that we have had under Prayer was offered by Guest Chaplain Gary Moore. consideration H 93 and recommend that it do pass. The Pledge of Allegiance was led by Edward Smith, Page. RAYBOULD, Chairman Approval of Journal H 93 was filed for second reading. February 9, 2011 February 8, 2011 Mr. Speaker: Mr. Speaker: We, your COMMITTEE ON JUDICIARY, RULES, AND We, your COMMITTEE ON TRANSPORTATION AND ADMINISTRATION, report that we have read and approved the DEFENSE, report that we have had under consideration H 43 and House Journal of the Thirtieth Legislative Day and recommend H 44 and recommend that they do pass. that same be adopted as corrected. SMITH, Chairman WILLS, Chairman H 43 and H 44 were filed for second reading. Mr. Wills moved that the report be adopted. Seconded by Mr. Burgoyne. Report adopted. February 8, 2011 Mr. Speaker: Consideration of Messages from the We, your COMMITTEE ON AGRICULTURAL AFFAIRS, Governor and the Senate report that we have had under consideration H 62, H 63, H 64, and H 65 and recommend that they do pass. February 8, 2011 TRAIL, Chairman Mr. Speaker: I transmit herewith S 1052, S 1008, S 1009, S 1010, S 1011, H 62, H 63, H 64, and H 65 were filed for second reading. and S 1012 which have passed the Senate. WOOD, Secretary February 9, 2011 Mr. Speaker: S 1052, S 1008, S 1009, S 1010, S 1011, and S 1012 were We, your COMMITTEE ON EDUCATION, report that we filed for first reading. have had under consideration H 105 and recommend that it do February 8, 2011 pass. Mr. Speaker: NONINI, Chairman I return herewith H 7, H 8, and H 10 which have passed the H 105 was filed for second reading. Senate. WOOD, Secretary There being no objection, the House advanced to the Seventh Order of Business. H 7, H 8, and H 10 were referred to the Judiciary, Rules, and Administration Committee for enrolling. Motions, Memorials, and Resolutions Report of Standing Committees HOUSE RESOLUTION NO. 2 February 9, 2011 BY STATE AFFAIRS COMMITTEE Mr. Speaker: A HOUSE RESOLUTION We, your COMMITTEE ON JUDICIARY, RULES, AND STATING FINDINGS OF THE HOUSE OF ADMINISTRATION, report that we have printed H 118, H 119, REPRESENTATIVES AND AMENDING RULE 76 OF H 120, H 121, H 122, H 123, H 124, H 125, and H 126. THE RULES OF THE HOUSE OF REPRESENTATIVES WILLS, Chairman RELATING TO COMMITTEE ON ETHICS. [February 9, 2011 HOUSE JOURNAL 69

Be It Resolved by the House of Representatives of the State of entitled to appear, present evidence, cross-examine witnesses, and Idaho: be represented by counsel. The committee shall have the power to take testimony under oath and to issue subpoenas and subpoenas WHEREAS, the House of Representatives deems it duces tecum in the manner provided in Section 67-407, Idaho necessary and desirable that Rule 76 of the Rules of the House Code. of Representatives be amended. (35) The committee may make appropriate NOW, THEREFORE, BE IT RESOLVED by the members recommendations to the House of Representatives based upon of the House of Representatives, assembled in the First Regular the investigations conducted and hearings held pursuant to this Session of the Sixty-first Idaho Legislature, that Rule 76 of the rule. In the case of a member of the House, the committee Rules of the House of Representatives shall be amended to read may recommend dismissal of the charges, reprimand, censure, as follows: or expulsion. Expulsion of a House member shall require the affirmative vote of two-thirds of the members elected to RULE 76 the House, as provided by Section 11 of Article III of the Committee on Ethics.–(1) The Speaker shall receive Constitution. Reprimand or censure of a member shall require written, signed complaints from any person member concerning the affirmative vote of a majority of the members elected to the misconduct involving legislative duties by a member of the House. Action of the House pursuant to this rule is final and not House including, but not and such complaint shall be limited to, subject to court review. the alleged use of legislative position for personal gain, benefit (46) The committee may retain such counsel and may hire or advantage, alleged conduct unbecoming a member of the such investigators as it deems necessary for the performance House or the alleged violation of the Rules of the House of of its duties under this rule. All expenditures incurred pursuant Representatives and or the provisions of applicable law. Written to this subsection (46) shall be approved by the Speaker and complaints shall remain confidential until such time as an ethics paid by vouchers and warrants drawn as provided by law from committee, appointed by the Speaker as provided for in this appropriations made to the Legislative Account. rule, finds probable cause that such member has committed (57) The committee may adopt rules of procedure for misconduct involving legislative duties. the orderly conduct of committee meetings, investigations and (2) Whenever such a complaint is received, the Speaker, hearings, which rules shall be consistent with this rule and other in a timely fashion, shall appoint a committee on ethics of applicable rules and statutes. seven members, consisting of four majority party members, (68) If the written signed complaint concerns misconduct and three minority party members. The majority party members of the Speaker, then the duties of the Speaker in this rule shall be of the committee shall be selected from among the chairmen the duties of the majority floor leader. of committees of reference of the House. The minority party members of the committee shall be selected, after considering HR 2 was introduced, read the first time by title, and recommendations made by the minority leader, from among the referred to the Judiciary, Rules, and Administration Committee members of the House who are senior in service and experience. for printing. The Speaker shall designate the chairman and vice chairman of Introduction, First Reading, and Reference the committee from among its members. of Bills and Joint Resolutions (23) The committee shall notify the person against whom the complaint was brought and shall provide such person with HOUSE BILL NO. 127 a copy of the complaint. The person complained against may BY TRANSPORTATION AND DEFENSE COMMITTEE submit a written answer to the committee. The committee AN ACT shall make member complained against shall provide such RELATING TO RULES OF THE ROAD AND SAFETY written answer to the chairman of the committee no later than RESTRAINT USE; AMENDING SECTION 49-673, IDAHO fourteen days following the date that the copy of the complaint CODE, TO REVISE A PROVISION RELATING TO GROSS was provided to the member complained against. Following VEHICLE WEIGHT, TO REVISE EXCEPTIONS, TO receipt of the answer or if no answer to the complaint is REVISE PROVISIONS RELATING TO ISSUANCE OF A provided to the chairman within the time period provided, the CITATION AND TO DELETE LANGUAGE PROVIDING committee shall meet and conduct a preliminary investigation THAT ENFORCEMENT MAY BE ACCOMPLISHED ONLY of the complaint. Notwithstanding the provisions of House Rule AS A SECONDARY ACTION; AND DECLARING AN 57, such meeting shall be held in executive session. At the EMERGENCY. preliminary investigation, the committee shall determine, based upon the complaint, other relevant information and the answer H 127 was introduced, read the first time by title, and to the complaint, whether probable cause exists that the member referred to the Judiciary, Rules, and Administration Committee committed misconduct involving legislative duties. If, after at for printing. the conclusion of the preliminary investigation, the committee determines no violation probable cause exists that misconduct S 1052, by Local Government and Taxation Committee, was involving legislative duties has occurred, the complaint shall be introduced, read the first time by title, and referred to the Revenue dismissed and the written complaint shall remain confidential. and Taxation Committee. If, after at the conclusion of the preliminary investigation, the S 1008, S 1009, S 1010, and S 1012, by Judiciary and Rules committee determines probable cause exists that a violation Committee, were introduced, read the first time by title, and misconduct involving legislative duties may have occurred, the referred to the Judiciary, Rules, and Administration Committee. committee shall so notify the person complained against and the written complaint against the member shall no longer be S 1011, by Judiciary and Rules Committee, was introduced, confidential but shall become a public document. read the first time by title, and referred to the Transportation and (4) Such person may request a hearing before Following a Defense Committee. finding of probable cause and in a timely fashion, the committee shall conduct a hearing, before which he the member shall be There being no objection, the House advanced to the Tenth Order of Business. 70 HOUSE JOURNAL February 9, 2011]

Second Reading of Bills and Joint Resolutions H 78, by Education Committee, was read the second time by title and filed for third reading. S 1003 and S 1048, by Judiciary and Rules Committee, were read the second time by title and filed for third reading. H 87, H 89, and H 90, by State Affairs Committee, were read the second time by title and filed for third reading. At this time, Mr. Moyle introduced The Honorable James E. Risch, United States Senator, who spoke briefly to the members of the House. There being no objection, the House advanced to the Sixteenth Order of Business. Adjournment Mr. Bedke moved that the House adjourn until 11 a.m., Thursday, February 10, 2011. Seconded by Mr. Rusche. Motion carried. Whereupon the Speaker declared the House adjourned at 11:39 a.m. LAWERENCE DENNEY, Speaker ATTEST: BONNIE ALEXANDER, Chief Clerk [February 10, 2011 HOUSE JOURNAL 71

HOUSE JOURNAL February 10, 2011 Mr. Speaker: OF THE We, your COMMITTEE ON JUDICIARY, RULES, AND ADMINISTRATION, report that we have enrolled H 7, H 10, and H 8. IDAHO LEGISLATURE WILLS, Chairman FIRST REGULAR SESSION The Speaker announced he was about to sign enrolled H 7, SIXTY-FIRST LEGISLATURE H 10, and H 8 and, when so signed, ordered them transmitted to the Senate for the signature of the President. February 10, 2011 Mr. Speaker: THIRTY-SECOND LEGISLATIVE DAY We, your COMMITTEE ON JUDICIARY, RULES, AND THURSDAY, FEBRUARY 10, 2011 ADMINISTRATION, report that we have enrolled H 102. WILLS, Chairman The Speaker announced he was about to sign enrolled House of Representatives H 102 and, when so signed, ordered it transmitted to the Senate The House convened at 11 a.m., the Speaker in the Chair. for the signature of the President. Roll call showed 66 members present. February 9, 2011 Absent and excused – Bayer, Bedke, Marriott, Rusche. Mr. Speaker: Total – 4. We, your COMMITTEE ON COMMERCE AND HUMAN Total – 70. RESOURCES, report that we have had under consideration H 76 and recommend that it do pass. Prayer was offered by Guest Chaplain Gary Moore. BLOCK, Chairman The Pledge of Allegiance was led by M. J. Veselka, Page. H 76 was filed for second reading. February 10, 2011 Approval of Journal Mr. Speaker: We, your COMMITTEE ON JUDICIARY, RULES, February 10, 2011 AND ADMINISTRATION, report that we have had under Mr. Speaker: consideration H 111 and recommend that it do pass. We, your COMMITTEE ON JUDICIARY, RULES, AND WILLS, Chairman ADMINISTRATION, report that we have read and approved the House Journal of the Thirty-first Legislative Day and recommend H 111 was filed for second reading. that same be adopted as corrected. WILLS, Chairman February 10, 2011 Mr. Speaker: Mr. Wills moved that the report be adopted. Seconded by We, your COMMITTEE ON REVENUE AND TAXATION, Mr. Burgoyne. Report adopted. report that we have had under consideration H 113 and H 126 and recommend that they do pass. LAKE, Chairman Consideration of Messages from the Governor and the Senate H 113 and H 126 were filed for second reading. February 9, 2011 February 10, 2011 Mr. Speaker: Mr. Speaker: I return herewith H 102 and H 11 which have passed the We, your COMMITTEE ON STATE AFFAIRS, report that Senate. we have had under consideration H 117 and recommend that it WOOD, Secretary do pass. H 102 and H 11 were referred to the Judiciary, Rules, and LOERTSCHER, Chairman Administration Committee for enrolling. H 117 was filed for second reading. There being no objection, the House advanced to the Seventh Order of Business. Report of Standing Committees Motions, Memorials, and Resolutions February 10, 2011 Mr. Speaker: HOUSE CONCURRENT RESOLUTION NO. 5 We, your COMMITTEE ON JUDICIARY, RULES, AND BY COMMERCE AND HUMAN RESOURCES ADMINISTRATION, report that we have printed HR 2 and COMMITTEE H 127. A CONCURRENT RESOLUTION WILLS, Chairman STATING LEGISLATIVE FINDINGS AND PROVIDING HR 2 was filed for second reading. THAT IN CONJUNCTION WITH THIS YEAR'S APRIL CHILD ABUSE AWARENESS MONTH THAT AGENCIES H 127 was ordered held at the Desk. AND NONPROFIT ORGANIZATIONS ARE ENCOURAGED 72 HOUSE JOURNAL February 10, 2011]

TO EMPHASIZE SHAKEN BABY SYNDROME AS A WHEREAS, on December 22, 2010, United States Secretary LEADING CAUSE OF CHILD ABUSE DEATHS IN of the Interior Ken Salazar entered Secretarial Order 3310 which CHILDREN LESS THAN ONE YEAR OF AGE, THEREBY sets forth as its subject: "Protecting Wilderness Characteristics EDUCATING IDAHO CITIZENS ON THIS PREVENTABLE on Lands Managed by the Bureau of Land Management," and TRAGEDY. requires the Bureau of Land Management to identify and manage certain lands, out of the 245 million acres it manages in the West, Be It Resolved by the Legislature of the State of Idaho: as de facto wilderness; and WHEREAS, Idaho's Governor C.L. "Butch" Otter responded WHEREAS, Shaken Baby Syndrome is the number one to this order in a letter to Secretary Salazar on January 12, 2011, cause of death in child abuse cases involving children less than wherein he expressed his disappointment in the order and the one year of age; and fact that it was made without any state or public input, proper WHEREAS, Shaken Baby Syndrome incidents are notice or environmental compliance, including the National increasing in Idaho; and Environmental Policy Act. Governor Otter also expressed that WHEREAS, Shaken Baby Syndrome can be prevented and the Bureau of Land Management's draft policy makes it clear that nationally, 1,200 to 1,400 babies suffer from preventable abusive areas designated as "Wild Lands" will carry a heavy presumption head trauma caused by Shaken Baby Syndrome and one out of of de facto "W"ilderness management and that this type of four of these babies will die from this trauma and seventy-five de facto designation by administrative fiat was categorically percent of survivors will need ongoing medical attention; and rejected in the state of Wyoming's challenge to the 2001 Clinton WHEREAS, when an infant is shaken, the brain is injured, Roadless Rule; and causing bleeding and swelling, shearing tissue and possible WHEREAS, Governor Otter asked that the Secretary damage to the spinal cord and these effects can lead to brain immediately withdraw the order and initiate proper federal damage, seizures, mental retardation, spinal injury, paralysis, rulemaking pursuant to the Administrative Procedure Act; and impaired use of limbs and death; and WHEREAS, sixty-nine percent of Idaho's land is managed WHEREAS, ongoing systematic education of parents before by governmental agencies, and federal agencies are currently they leave the hospital is relatively inexpensive, as compared to purchasing more land using taxpayer funds to buy private caring for these infants after abuse has occurred, and is the only property, removing such property from county tax rolls; and prevention strategy that has shown significant results; and WHEREAS, the Bureau of Land Management manages WHEREAS, experts said a similar program enforced in the about one-quarter of Idaho land and has just initiated further state of New York reduced Shaken Baby Syndrome cases by restrictions for twelve million acres; and forty-six percent in thirteen counties over six years and by taking WHEREAS, Idaho is a sovereign state, and it is the duty of its responsibility for the prevention of Shaken Baby Syndrome citizens to determine what is best for the state through the public through education, Idahoans can be more aware as a whole and process; and therefore more likely to pass on these good habits to their new WHEREAS, Idaho already has established the Frank Church family and community members; and River of No Return, Gospel-Hump, Hell's Canyon, Sawtooth, WHEREAS, several Idaho hospitals have already begun Selway-Bitterroot and Owyhee wilderness areas and proposals systematic education programs for new parents and they can are currently being drafted for additional wilderness areas lead the effort in communities statewide; and including CIEDRA (Boulder White Clouds), Secesh, Needles, WHEREAS, a cultural change needs to take place in the way French Creek, Clearwater, Scotchman Peaks and the Selkirk; and society comprehends infant crying in early infancy and the danger WHEREAS, Idaho's economy depends on the resources of shaking a baby as a result of this frustration, as crying is the from these lands which create jobs and sustainable communities number one trigger to shaking. in rural areas and wilderness designations lock up the land from NOW, THEREFORE, BE IT RESOLVED by the members production; and of the First Regular Session of the Sixty-first Idaho Legislature, WHEREAS, in designating Idaho's current wilderness the House of Representatives and the Senate concurring therein, and other special management units, many compromises and that in conjunction with this year's April Child Abuse Awareness agreements were laboriously and painfully worked out by all month that agencies and nonprofit organizations are encouraged interests involved and specific legislative language was agreed to emphasize Shaken Baby Syndrome as a leading cause of upon to protect traditional uses. Once the designations were child abuse deaths in children less than one year of age, thereby made, however, the compromises and agreements were forgotten educating Idaho citizens on this preventable tragedy. and the protective language was circumvented. Idaho now finds itself again trying to protect access to lands that were to be available pursuant to the prior agreements. NOW, THEREFORE, BE IT RESOLVED by the members HOUSE JOINT MEMORIAL NO. 2 of the First Regular Session of the Sixty-first Idaho Legislature, BY RESOURCES AND CONSERVATION COMMITTEE the House of Representatives and the Senate concurring therein, A JOINT MEMORIAL that Idaho shall not support any type of wilderness designations TO THE SENATE AND HOUSE OF REPRESENTATIVES without having used the public process which includes the OF THE UNITED STATES IN CONGRESS ASSEMBLED, TO citizens of the state of Idaho; and THE CONGRESSIONAL DELEGATION REPRESENTING BE IT FURTHER RESOLVED that our elected officials are THE STATE OF IDAHO IN THE CONGRESS OF THE urged to defend this position whenever necessary with the full UNITED STATES, AND TO THE SECRETARY OF THE support of the citizens of the state. INTERIOR. BE IT FURTHER RESOLVED that the Chief Clerk of the We, your Memorialists, the House of Representatives House of Representatives be, and she is hereby authorized and and the Senate of the State of Idaho assembled in the First directed to forward a copy of this Memorial to the President of Regular Session of the Sixty-first Idaho Legislature, do hereby the Senate and the Speaker of the House of Representatives of respectfully represent that: Congress, and the congressional delegation representing the State [February 10, 2011 HOUSE JOURNAL 73 of Idaho in the Congress of the United States, and to the Secretary fifty cents ($63.50) per set of two volumes if a second volume of the Interior. is required. The Session Laws of any Extraordinary Session adjourned prior to June 1, 2011, shall be included in the Session HOUSE CONCURRENT RESOLUTION NO. 6 Laws of the First Regular Session, or if adjourned prior to June BY JUDICIARY, RULES, AND ADMINISTRATION 1, 2012, shall be included in the Session Laws of the Second COMMITTEE Regular Session. No charge shall be made by the party of the A CONCURRENT RESOLUTION second part for proofreading or blank pages. PROVIDING FOR PRINTING THE SESSION LAWS, IT IS AGREED between the parties hereto that all of said FIXING THE PRICE FOR PRINTING THE SAME, AND THE printing shall be done in the form and manner as submitted in PRICE WHICH THE PUBLIC SHALL BE CHARGED FOR the quote of the party of the second part dated February 7, 2011, COPIES OF THE SESSION LAWS. in compliance with the statutes of the state of Idaho where not otherwise provided, such statutes shall be controlling. Be It Resolved by the Legislature of the State of Idaho: IT IS FURTHER AGREED that said Session Laws shall be printed, delivered and be ready for distribution by the Secretary of WHEREAS, Section 67-904, Idaho Code, has made State in conformity with the provisions of Section 67-904, Idaho provisions for the printing of the Session Laws; Code, which section is hereby referred to and by such reference NOW, THEREFORE, BE IT RESOLVED by the members made a part of this contract as though set forth herein at length. of the First Regular Session of the Sixty-first Idaho Legislature, IN WITNESS WHEREOF, the party of the second part has the House of Representatives and the Senate concurring therein, caused these presents to be executed by its proper official, and in accordance with a written contract duly made and entered into the party of the first part, by Concurrent Resolution, has caused by the Speaker of the House of Representatives and the President these presents to be executed by its proper officials. Pro Tempore of the Senate and the House Judiciary, Rules, and Administration Committee and the Senate Judiciary and Rules Party of the First Part Committee of the Legislature of the State of Idaho, hereinafter referred to as the Joint Printing Committee, that the contract for By /s/ Lawerence Denney the printing of the Session Laws of the First and Second Regular LAWERENCE DENNEY, Speaker of the House Sessions and any Extraordinary Session of the Sixty-first Idaho Legislature in accordance with the provisions of law and in HOUSE JUDICIARY, RULES, AND ADMINISTRATION accordance with the written contract between the Speaker of COMMITTEE the House of Representatives and the President Pro Tempore of By /s/ Rich Wills the Senate and the Joint Printing Committee as party of the first RICH WILLS, Chairman part, and THE CAXTON PRINTERS, LTD., Caldwell, Idaho, as party of the second part, be, and the same is hereby ratified By /s/ Brent Hill and confirmed, and is incorporated herein and made a part of the BRENT HILL, President Pro Tempore resolution, in words and figures following, to wit: SENATE JUDICIARY AND RULES COMMITTEE PRINTING CONTRACT By /s/ Denton Darrington THIS AGREEMENT, made and entered into the 15th day DENTON DARRINGTON, Chairman of February, 2011, by and between the Speaker of the House of Representatives and the President Pro Tempore of the Senate and Party of the Second Part the Joint Printing Committee, hereinafter referred to as party of the first part, and THE CAXTON PRINTERS, LTD., Caldwell, THE CAXTON PRINTERS, LTD. Idaho, hereinafter referred to as party of the second part: By /s/ Dave Gipson WITNESSETH: DAVE GIPSON, President That pursuant to a resolution of said party of the first part and written quotation submitted to the said party of the first part HCR 5, HJM 2, and HCR 6 were introduced, read the by the party of the second part, a contract for legislative printing first time by title, and referred to the Judiciary, Rules, and is hereby awarded to said THE CAXTON PRINTERS, LTD., as Administration Committee for printing. follows: SESSION LAWS Introduction, First Reading, and Reference FIRST AND SECOND REGULAR SESSIONS of Bills and Joint Resolutions AND ANY EXTRAORDINARY SESSIONS SIXTY-FIRST LEGISLATURE HOUSE BILL NO. 128 As outlined in the February 7, 2011, quote of the party of BY STATE AFFAIRS COMMITTEE the second part, the Session Laws will be printed and charged at AN ACT a price per page not to exceed seventeen dollars and forty-five RELATING TO THE CATASTROPHIC HEALTH CARE cents ($17.45) based on incremental numbers of copies ordered. COST PROGRAM; AMENDING SECTION 20-605, IDAHO The number of copies to be supplied under this contract shall be CODE, TO REVISE A CODE REFERENCE; AMENDING specified at the time of order. The charge for individually binding SECTION 31-863, IDAHO CODE, TO REVISE WHAT IS the books shall not exceed twelve dollars and twenty-five cents BEING PROVIDED TO THE MEDICALLY INDIGENT; ($12.25) per volume based on the number of copies ordered. AMENDING SECTION 31-3302, IDAHO CODE, TO REVISE The party of the second part shall provide additional copies to A CODE REFERENCE; AMENDING SECTION 31-3501, be made available for sale to the general public, and based on IDAHO CODE, TO REVISE WHAT IS BEING PROVIDED the number of copies ordered by the party of the first part, the FOR CERTAIN PERSONS; AMENDING SECTION 31-3502, price to the general public shall not exceed fifty dollars and fifty IDAHO CODE, TO REVISE DEFINITIONS; AMENDING cents ($50.50) for single volumes and sixty-three dollars and SECTION 31-3503, IDAHO CODE, TO PROVIDE THAT A CERTAIN DUTY TO COOPERATE DOES NOT PRECLUDE 74 HOUSE JOURNAL February 10, 2011]

CERTAIN ACTIONS BY A BOARD OF COUNTY DAYCARE OPERATION DUE TO CERTAIN OFFENSES, TO COMMISSIONERS; AMENDING SECTION 31-3503A, PROVIDE A QUALIFIED EXCEPTION FROM CHAPTER IDAHO CODE, TO REVISE TERMINOLOGY AND TO APPLICATION AND TO PROVIDE A PROHIBITION REVISE THE CONTENT OF CERTAIN ANNUAL REPORTS; FROM CHILD CARE DUE TO CERTAIN OFFENSES; AMENDING SECTION 31-3503B, IDAHO CODE, TO AMENDING SECTION 39-1106, IDAHO CODE, TO REVISE REVISE TERMINOLOGY AND TO REMOVE A CODE TERMINOLOGY, TO PROVIDE FOR A PROVISIONAL REFERENCE; REPEALING SECTION 31-3503F, IDAHO LICENSE UNDER CERTAIN CIRCUMSTANCES, TO CODE, RELATING TO MEDICAL HOMES; AMENDING REVISE REQUIREMENTS FOR AN APPLICATION FOR SECTION 31-3504, IDAHO CODE, TO REMOVE CERTAIN LICENSE RENEWAL, TO REVISE WHICH JUVENILE PROVISIONS REGARDING FOLLOW-UP NECESSARY JUSTICE RECORDS MUST BE CHECKED, TO PROVIDE MEDICAL SERVICES AND TO REVISE TERMINOLOGY; FOR NONRENEWAL OF A LICENSE UNDER CERTAIN AMENDING SECTION 31-3505, IDAHO CODE, TO CIRCUMSTANCES AND TO MAKE A TECHNICAL REMOVE A PROVISION REGARDING AN APPLICATION CORRECTION; AMENDING SECTION 39-1107, IDAHO FOR NONEMERGENCY NECESSARY MEDICAL CODE, TO REVISE CERTAIN FEES AND THE TYPES SERVICES, TO REMOVE A PROVISION REGARDING OF PROVIDERS SUBJECT TO CERTAIN FEES AND TO REQUESTS FOR CERTAIN ADDITIONAL TREATMENT REVISE TERMINOLOGY; AMENDING SECTION 39-1108, AND TO REVISE TERMINOLOGY; AMENDING SECTION IDAHO CODE, TO REVISE TO WHICH PROVIDERS 31-3505A, IDAHO CODE, TO REMOVE A PROVISION THE LOCAL OPTION APPLIES AND TO REVISE REGARDING A TIME PERIOD TO COMPLETE A CERTAIN TERMINOLOGY; AMENDING SECTION 39-1109, IDAHO INVESTIGATION AND TO REMOVE A PROVISION CODE, TO REVISE DAYCARE SAFETY AND STAFFING REGARDING FOLLOW-UP TREATMENT; AMENDING REQUIREMENTS; AMENDING SECTION 39-1110, IDAHO SECTION 31-3505B, IDAHO CODE, TO REVISE CODE, TO REVISE TERMINOLOGY; AMENDING SECTION TERMINOLOGY; AMENDING SECTION 31-3505F, IDAHO 39-1111, IDAHO CODE, TO REVISE TERMINOLOGY; CODE, TO REVISE TERMINOLOGY; AMENDING SECTION AMENDING SECTION 39-1113, IDAHO CODE, TO REVISE 31-3505G, IDAHO CODE, TO REVISE TERMINOLOGY; TERMINOLOGY, TO REVISE EXCEPTIONS FROM AMENDING SECTION 31-3506, IDAHO CODE, TO REVISE SPECIFIED LICENSURE AND TO PROVIDE A TIME LIMIT TERMINOLOGY; AMENDING SECTION 31-3507, IDAHO ON REAPPLICATION; AMENDING SECTION 39-1114, CODE, TO REVISE TERMINOLOGY; AMENDING SECTION IDAHO CODE, TO REMOVE PROVISIONS RELATING TO 31-3508, IDAHO CODE, TO REVISE TERMINOLOGY; CERTAIN REQUIREMENTS FOR CERTAIN PROVIDERS AMENDING SECTION 31-3509, IDAHO CODE, TO REVISE AND TO PROVIDE FOR THE ISSUANCE OF A CERTAIN TERMINOLOGY; AMENDING SECTION 31-3510, IDAHO VOLUNTARY LICENSE; AMENDING SECTION 39-1115, CODE, TO REVISE TERMINOLOGY; AMENDING SECTION IDAHO CODE, TO REVISE TERMINOLOGY, TO REVISE 31-3511, IDAHO CODE, TO REVISE TERMINOLOGY; WHEN CERTAIN CRIMINAL PENALTIES SHALL APPLY AMENDING SECTION 31-3519, IDAHO CODE, TO AND TO CLARIFY LANGUAGE; AMENDING SECTION REVISE TERMINOLOGY; AMENDING SECTION 31-3520, 39-1117, IDAHO CODE, TO CLARIFY LANGUAGE; IDAHO CODE, TO REVISE CERTAIN DISCRETIONARY AMENDING SECTION 39-1118, IDAHO CODE, TO REVISE AUTHORITY OF BOARDS OF COUNTY COMMISSIONERS TERMINOLOGY; AND AMENDING SECTION 39-1119, CONCERNING THE PROVISION OF CERTAIN SERVICES IDAHO CODE, TO CLARIFY LANGUAGE AND TO MAKE TO THE MEDICALLY INDIGENT THROUGH CONTRACT A TECHNICAL CORRECTION. AND TO REVISE TERMINOLOGY; AMENDING SECTION 31-3553, IDAHO CODE, TO REVISE TERMINOLOGY; HOUSE BILL NO. 130 AND AMENDING SECTION 67-7903, IDAHO CODE, TO BY BUSINESS COMMITTEE REMOVE CERTAIN LIMITATIONS RELATED TO THE AN ACT COUNTY INDIGENT PROGRAM. RELATING TO IMMUNIZATION ASSESSMENTS; AMENDING SECTION 41-6005, IDAHO CODE, TO HOUSE BILL NO. 129 PROVIDE THE IDAHO IMMUNIZATION ASSESSMENT BY COMMERCE AND HUMAN RESOURCES BOARD WITH ADDITIONAL POWERS; AMENDING COMMITTEE SECTION 41-6006, IDAHO CODE, TO REVISE AND TO AN ACT PROVIDE ADDITIONAL PROVISIONS RELATING TO RELATING TO DAYCARE; AMENDING SECTION CERTAIN ANNUAL IMMUNIZATION ASSESSMENTS; 33-1501, IDAHO CODE, TO REVISE TERMINOLOGY AND AND AMENDING SECTION 41-6007, IDAHO CODE, TO TO MAKE TECHNICAL CORRECTIONS; AMENDING REVISE AND TO PROVIDE ADDITIONAL PROVISIONS SECTION 39-1101, IDAHO CODE, TO REVISE POLICY; RELATING TO THE IDAHO IMMUNIZATION DEDICATED AMENDING SECTION 39-1102, IDAHO CODE, TO DEFINE VACCINE FUND. AND REVISE TERMS; AMENDING SECTION 39-1103, IDAHO CODE, TO REMOVE PROVISIONS REGARDING HOUSE BILL NO. 131 DEPARTMENT OF HEALTH AND WELFARE AUTHORITY BY BUSINESS COMMITTEE AND DUTY RELATING TO CERTAIN LICENSING AND AN ACT TO REVISE AND ADD TO EXCEPTIONS FROM CHAPTER RELATING TO THE IDAHO HEALTH CARRIER APPLICATION; AMENDING SECTION 39-1104, IDAHO EXTERNAL REVIEW ACT; AMENDING SECTION CODE, TO PROVIDE FOR DEPARTMENT AUTHORITY 41-5903, IDAHO CODE, TO REVISE DEFINITIONS; AND DUTY RELATING TO CERTAIN LICENSING, TO AMENDING SECTION 41-5904, IDAHO CODE, TO REVISE TERMINOLOGY AND TO CLARIFY LANGUAGE; REMOVE LANGUAGE RELATING TO CERTAIN FINAL AMENDING SECTION 39-1105, IDAHO CODE, TO REVISE ADVERSE BENEFIT DETERMINATIONS AND TO MAKE TERMINOLOGY, TO PROVIDE FOR A CODE REFERENCE, A TECHNICAL CORRECTION; AMENDING SECTION TO PROVIDE FOR PROHIBITION FROM LICENSURE AND 41-5905, IDAHO CODE, TO REVISE PROVISIONS [February 10, 2011 HOUSE JOURNAL 75

RELATING TO NOTICE OF THE RIGHT TO AN EXTERNAL CODE, TO DEFINE TERMS, TO REVISE A DEFINITION REVIEW; AMENDING SECTION 41-5906, IDAHO CODE, AND TO REMOVE A TERM; AMENDING SECTION TO REMOVE PROVISIONS RELATING TO THE DUTY 55-1904, IDAHO CODE, TO CLARIFY TERMINOLOGY, OF THE DIRECTOR TO PRESCRIBE A CERTAIN TO PROVIDE AN ADDITIONAL BASIS FOR WHICH RULE AND TO CORRECT A CODIFIER'S ERROR; A RECORD OF SURVEY SHALL BE FILED WITHIN A AMENDING SECTION 41-5907, IDAHO CODE, TO REVISE CERTAIN TIME FRAME AND TO MAKE TECHNICAL PROVISIONS RELATING TO THE EXHAUSTION OF THE CORRECTIONS; AMENDING SECTION 55-1908, IDAHO INTERNAL GRIEVANCE PROCESS; AMENDING SECTION CODE, TO PROVIDE AN ADDITIONAL BASIS FOR 41-5908, IDAHO CODE, TO REVISE AND TO PROVIDE WHICH A RECORD OF SURVEY IS NOT REQUIRED; AND ADDITIONAL PROVISIONS RELATING TO A STANDARD AMENDING SECTION 55-1911, IDAHO CODE, TO REVISE EXTERNAL REVIEW AND TO PROVIDE CORRECT PROVISIONS RELATING TO AN ERROR OF CLOSURE TERMINOLOGY; AMENDING SECTION 41-5909, IDAHO AND TO MAKE A TECHNICAL CORRECTION. CODE, TO REVISE PROVISIONS RELATING TO AN EXPEDITED EXTERNAL REVIEW; AMENDING SECTION HOUSE BILL NO. 133 41-5915, IDAHO CODE, TO REMOVE PROVISIONS BY BUSINESS COMMITTEE RELATING TO THE AUTHORITY OF THE DIRECTOR AN ACT TO PROVIDE BY RULE FOR A CERTAIN FEE; AND RELATING TO THE MOBILE HOME PARK AMENDING SECTION 41-5916, IDAHO CODE, TO LANDLORD-TENANT ACT; AMENDING THE HEADING PROVIDE ADDITIONAL DISCLOSURE REQUIREMENTS. FOR CHAPTER 20, TITLE 55, IDAHO CODE, TO PROVIDE FOR THE MANUFACTURED HOME RESIDENCY ACT; HOUSE BILL NO. 132 AMENDING SECTION 55-2001, IDAHO CODE, TO BY BUSINESS COMMITTEE REVISE THE SHORT TITLE; AMENDING SECTION AN ACT 55-2003, IDAHO CODE, TO DEFINE TERMS AND TO RELATING TO ENGINEERS AND LAND SURVEYORS; REVISE DEFINITIONS; AMENDING SECTION 55-2004, AMENDING SECTION 40-117, IDAHO CODE, TO DEFINE IDAHO CODE, TO REVISE PROVISIONS RELATING TERMS; AMENDING SECTION 40-119, IDAHO CODE, TO THE GOVERNANCE OF THE CHAPTER AND TO TO DEFINE A TERM AND TO MAKE A TECHNICAL PROVIDE CORRECT TERMINOLOGY; AMENDING CORRECTION; AMENDING SECTION 40-120, IDAHO SECTION 55-2005, IDAHO CODE, TO REVISE AND TO CODE, TO DEFINE A TERM; AMENDING CHAPTER 1, PROVIDE ADDITIONAL PROVISIONS RELATING TO TITLE 40, IDAHO CODE, BY THE ADDITION OF A NEW RENTAL AGREEMENTS AND TO PROVIDE CORRECT SECTION 40-124, IDAHO CODE, TO DEFINE A TERM; TERMINOLOGY; AMENDING SECTION 55-2006, IDAHO AMENDING SECTION 40-209, IDAHO CODE, TO REVISE CODE, TO REVISE AND TO PROVIDE ADDITIONAL PROVISIONS RELATING TO HIGHWAY RIGHT-OF-WAY PROVISIONS RELATING TO ADJUSTMENTS TO RENT PLATS; AMENDING SECTION 50-1301, IDAHO CODE, AND AMENDMENTS TO RENTAL AGREEMENTS, TO TO DEFINE A TERM, TO REVISE A DEFINITION AND SPECIFY THE ACCEPTABLE METHOD OF NOTICE AND TO MAKE TECHNICAL CORRECTIONS; AMENDING TO PROVIDE CORRECT TERMINOLOGY; AMENDING SECTION 50-1302, IDAHO CODE, TO REVISE THE SECTION 55-2007, IDAHO CODE, TO PROVIDE CORRECT DUTIES OF AN OWNER CREATING A SUBDIVISION AND TERMINOLOGY; AMENDING SECTION 55-2008, IDAHO TO MAKE A TECHNICAL CORRECTION; AMENDING CODE, TO PROVIDE CORRECT TERMINOLOGY SECTION 50-1303, IDAHO CODE, TO REVISE PROVISIONS AND TO REVISE A CODE REFERENCE; AMENDING RELATING TO SURVEYS AND MONUMENTS AND TO SECTION 55-2009, IDAHO CODE, TO PROVIDE THAT A REVISE TERMINOLOGY; AMENDING SECTION 50-1332, LANDLORD MAY ACT AS AGENT FOR THE SELLER IDAHO CODE, TO REVISE TERMINOLOGY; AMENDING ONLY IF THE LANDLORD IS LICENSED AS REQUIRED SECTION 54-1202, IDAHO CODE, TO DEFINE TERMS BY LAW, TO REQUIRE CERTAIN CHARGES BE AND TO REVISE A DEFINITION; AMENDING SECTION PAID AND TO PROVIDE CORRECT TERMINOLOGY; 54-1227, IDAHO CODE, TO REVISE THE AUTHORITY AMENDING SECTION 55-2009A, IDAHO CODE, TO AND DUTIES OF PROFESSIONAL LAND SURVEYORS REVISE PROVISIONS RELATING TO ABANDONMENT AND PROFESSIONAL ENGINEERS IN CONNECTION AND NOTICE TO A LIENHOLDER AND TO PROVIDE WITH LAND SURVEYS; AMENDING SECTION 54-1234, CORRECT TERMINOLOGY; AMENDING CHAPTER 20, IDAHO CODE, TO PROVIDE ADDITIONAL PROVISIONS TITLE 55, IDAHO CODE, BY THE ADDITION OF A RELATING TO LIABILITY FOR DEFACING CERTAIN NEW SECTION 55-2009B, IDAHO CODE, TO PROVIDE OBJECTS AND TO INCREASE THE PENALTY AMOUNT PROVISIONS RELATING TO SALES TO SATISFY LIENS; FOR EACH SUCH OFFENSE; AMENDING SECTION AMENDING CHAPTER 20, TITLE 55, IDAHO CODE, 55-1603, IDAHO CODE, TO DEFINE TERMS AND BY THE ADDITION OF A NEW SECTION 55-2009C, TO REVISE DEFINITIONS; AMENDING SECTION IDAHO CODE, TO PROVIDE PROVISIONS RELATING TO 55-1605, IDAHO CODE, TO REMOVE REFERENCE TO NOTICE OF A CERTAIN SALE; AMENDING CHAPTER PROPERTY CORNER AND REFERENCE MONUMENT 20, TITLE 55, IDAHO CODE, BY THE ADDITION OF A IN CONNECTION WITH FILINGS AND RECORDINGS; NEW SECTION 55-2009D, IDAHO CODE, TO PROVIDE AMENDING SECTION 55-1608, IDAHO CODE, TO PROVISIONS RELATING TO THE RELEASE OF AN PROVIDE ADDITIONAL REQUIREMENTS RELATING OWNER'S INTEREST IN AN ABANDONED HOME; TO THE RECONSTRUCTION AND REHABILITATION AMENDING CHAPTER 20, TITLE 55, IDAHO CODE, BY OF MONUMENTS; AMENDING SECTION 55-1613, THE ADDITION OF A NEW SECTION 55-2009E, IDAHO IDAHO CODE, TO REVISE THE PROCEDURES AND CODE, TO PROVIDE PROVISIONS RELATING TO AN REQUIREMENTS RELATING TO MONUMENTS INSPECTION OF AN ABANDONED HOME PRIOR TO DISTURBED BY CONSTRUCTION OR RELATED SALE; AMENDING CHAPTER 20, TITLE 55, IDAHO ACTIVITIES; AMENDING SECTION 55-1902, IDAHO CODE, BY THE ADDITION OF A NEW SECTION 55-2009F, 76 HOUSE JOURNAL February 10, 2011]

IDAHO CODE, TO PROVIDE PROVISIONS RELATING CERTAIN AGREEMENTS RELATING TO EQUIPMENT TO THE DISPOSITION OF PROCEEDS OF A LIEN SALE; AND TO PROVIDE THAT DESIGNATED REMEDIES AMENDING SECTION 55-2010, IDAHO CODE, TO REVISE SHALL APPLY TO CERTAIN EQUIPMENT; AMENDING AND TO PROVIDE ADDITIONAL PROVISIONS RELATING SECTION 28-23-104, IDAHO CODE, TO PROVIDE FOR TO THE TERMINATION OF A RENTAL AGREEMENT AND THE REPURCHASE OF EQUIPMENT FROM HEIRS AND TO PROVIDE CORRECT TERMINOLOGY; AMENDING TO MAKE TECHNICAL CORRECTIONS; AMENDING SECTION 55-2012, IDAHO CODE, TO PROVIDE CORRECT SECTION 28-23-105, IDAHO CODE, TO PROVIDE FOR TERMINOLOGY; AMENDING SECTION 55-2013, IDAHO CIVIL LIABILITY RELATING TO VIOLATIONS OF CODE, TO REMOVE PROVISIONS RELATING TO THE SPECIFIED PROVISIONS, TO PROVIDE FOR LIABILITY APPLICATION OF CERTAIN CODE SECTIONS, TO UPON FAILURE TO PAY FOLLOWING CANCELLATION PROVIDE CORRECT TERMINOLOGY AND TO MAKE OF CONTRACTS RELATING TO EQUIPMENT, TO A TECHNICAL CORRECTION; AMENDING SECTION PROVIDE THAT JUDGMENTS MAY INCLUDE DAMAGES 55-2013A, IDAHO CODE, TO REVISE AND TO PROVIDE IN THE AMOUNT OF TWO TIMES THE COMPENSATORY ADDITIONAL PROVISIONS RELATING TO COMMUNITY DAMAGES AND TO MAKE A TECHNICAL CORRECTION; RESIDENT ASSOCIATIONS AND TO PROVIDE CORRECT AMENDING SECTION 28-23-107, IDAHO CODE, TO TERMINOLOGY; AMENDING SECTION 55-2014, IDAHO REVISE A DEFINITION AND TO MAKE TECHNICAL CODE, TO PROVIDE THAT THE LANDLORD IS NOT CORRECTIONS; AMENDING SECTION 28-23-108, IDAHO LIABLE FOR CERTAIN MAINTENANCE CONDITIONS, CODE, TO PROVIDE CERTAIN NOTICE REQUIREMENTS TO PROVIDE CORRECT TERMINOLOGY AND TO RELATING TO WHOLESALERS, MANUFACTURERS MAKE A TECHNICAL CORRECTION; AMENDING AND DISTRIBUTORS OF EQUIPMENT AND TO SECTION 55-2015, IDAHO CODE, TO PROVIDE MAKE A TECHNICAL CORRECTION; AMENDING CORRECT TERMINOLOGY AND TO MAKE TECHNICAL SECTION 28-23-110, IDAHO CODE, TO PROVIDE FOR CORRECTIONS; AMENDING SECTION 55-2016, IDAHO PENALTIES FOR FAILURE TO GIVE CERTAIN NOTICE OR CODE, TO REVISE PROVISIONS RELATING TO OBTAIN CONSENT RELATING TO MANUFACTURERS, ARBITRATION, TO PROVIDE FOR MEDIATION AND WHOLESALERS AND DISTRIBUTORS OF FARM TO PROVIDE CORRECT TERMINOLOGY; AMENDING EQUIPMENT AND TO MAKE TECHNICAL CORRECTIONS; SECTION 55-2019, IDAHO CODE, TO PROVIDE CORRECT AMENDING CHAPTER 23, TITLE 28, IDAHO CODE, BY TERMINOLOGY; AND AMENDING CHAPTER 20, TITLE THE ADDITION OF A NEW SECTION 28-23-112, IDAHO 55, IDAHO CODE, BY THE ADDITION OF A NEW CODE, TO PROVIDE FOR JURISDICTION AND VENUE; SECTION 55-2020, IDAHO CODE, TO SPECIFY THE AMENDING CHAPTER 23, TITLE 28, IDAHO CODE, BY ACCEPTABLE METHOD FOR SERVICE OF NOTICE. THE ADDITION OF A NEW SECTION 28-23-113, IDAHO CODE, TO PROVIDE THAT SPECIFIED DEFINITIONS SHALL APPLY; AMENDING THE HEADING FOR HOUSE BILL NO. 134 CHAPTER 24, TITLE 28, IDAHO CODE, TO PROVIDE FOR BY BUSINESS COMMITTEE AGREEMENTS BETWEEN SUPPLIERS AND DEALERS AN ACT OF FARM EQUIPMENT; AMENDING SECTION 28-24-101, RELATING TO FARM EQUIPMENT; AMENDING IDAHO CODE, TO REVISE LEGISLATIVE FINDINGS AND THE HEADING FOR CHAPTER 23, TITLE 28, IDAHO INTENT; AMENDING SECTION 28-24-102, IDAHO CODE, CODE, TO PROVIDE FOR THE REPURCHASE OF FARM TO REVISE DEFINITIONS AND TO DEFINE A TERM; EQUIPMENT UPON THE TERMINATION OF CONTRACTS; AMENDING SECTION 28-24-104B, IDAHO CODE, TO AMENDING SECTION 28-23-101, IDAHO CODE, TO REMOVE A PROVISION RELATING TO DEALER OPTIONS PROVIDE FOR CERTAIN PAYMENT OR CREDIT TO A TO ACCEPT THE SUPPLIERS' REIMBURSEMENT RETAILER RELATING TO EQUIPMENT, TO PROVIDE TERMS AND CONDITIONS IN LIEU OF THE TERMS FOR PAYMENT OF THE NET COST OF UNSOLD AND AND CONDITIONS SET FORTH IN SPECIFIED LAW; UNDAMAGED COMPLETE FARM IMPLEMENTS AND AMENDING CHAPTER 24, TITLE 28, IDAHO CODE, BY EQUIPMENT, TO REMOVE A TIME CONDITION, TO THE ADDITION OF A NEW SECTION 28-24-104C, IDAHO PROVIDE THAT CERTAIN PROVISIONS SHALL APPLY CODE, TO PROVIDE COMPENSATION REQUIREMENTS TO PURCHASES BY RETAILERS FROM PERSONS, FIRMS FOR SUPPLIERS RELATING TO DEALERS DELIVERING OR CORPORATIONS IN THE BUSINESS OF SELLING OR SERVICING CERTAIN EQUIPMENT, TO PROVIDE OR RETAILING FARM EQUIPMENT, IMPLEMENTS FOR THE UTILIZATION OF SPECIFIED DEALERS, TO AND PARTS, TO REVISE PROVISIONS RELATING PROVIDE FOR THE DETERMINATION OF DEALERS' TO THE AMOUNT OF THE PAYMENT OR CREDIT MARKET SHARE PERFORMANCE, TO PROVIDE AN FOR DEMONSTRATION OR RENTAL EQUIPMENT, TO EXCEPTION TO APPLICABILITY AND TO PROVIDE PROVIDE THAT THE SUPPLIER ASSUMES OWNERSHIP FOR SUBSTITUTE REIMBURSEMENT TERMS AND OF EQUIPMENT AND TO MAKE TECHNICAL CONDITIONS; AMENDING SECTION 28-24-104C, IDAHO CORRECTIONS; AMENDING SECTION 28-23-102, IDAHO CODE, TO REDESIGNATE THE SECTION; AMENDING CODE, TO PROVIDE FOR CERTAIN PAYMENT OR SECTION 28-24-104D, IDAHO CODE, TO REDESIGNATE CREDIT TO A RETAILER RELATING TO EQUIPMENT, THE SECTION; AMENDING SECTION 28-24-104E, IDAHO TO REMOVE A TIME CONDITION, TO PROVIDE FOR CODE, TO REDESIGNATE THE SECTION; AMENDING THE PASSAGE OF TITLE RELATING TO EQUIPMENT, SECTION 28-24-105, IDAHO CODE, TO PROVIDE TO PROVIDE FOR POSSESSION OF EQUIPMENT, TO THAT JUDGMENTS MAY INCLUDE DAMAGES IN PROVIDE FOR PAYMENT WITHIN NINETY DAYS FROM THE AMOUNT OF TWO TIMES THE COMPENSATORY THE TERMINATION DATE OF THE DEALER AGREEMENT DAMAGES; AND AMENDING CHAPTER 24, TITLE AND TO MAKE TECHNICAL CORRECTIONS; AMENDING 28, IDAHO CODE, BY THE ADDITION OF A NEW SECTION 28-23-103, IDAHO CODE, TO PROVIDE THAT SECTION 28-24-108, IDAHO CODE, TO PROVIDE FOR SPECIFIED PROVISIONS ARE SUPPLEMENTAL TO JURISDICTION AND VENUE. [February 10, 2011 HOUSE JOURNAL 77

HOUSE BILL NO. 135 HOUSE BILL NO. 139 BY RESOURCES AND CONSERVATION COMMITTEE BY JUDICIARY, RULES, AND ADMINISTRATION AN ACT COMMITTEE RELATING TO THE GOVERNOR'S IDAHO LEWIS AN ACT AND CLARK TRAIL COMMITTEE FUND; AMENDING RELATING TO UNIFORM CONTROLLED SECTION 67-8601, IDAHO CODE, TO REMOVE CERTAIN SUBSTANCES; AMENDING SECTION 37-2705, IDAHO USE OF MONEYS IN THE FUND. CODE, TO IDENTIFY ADDITIONAL SUBSTANCES TO BE CLASSIFIED IN SCHEDULE I; AND DECLARING AN HOUSE BILL NO. 136 EMERGENCY. BY RESOURCES AND CONSERVATION COMMITTEE AN ACT HOUSE BILL NO. 140 RELATING TO WATER; AMENDING SECTION 42-605, BY JUDICIARY, RULES, AND ADMINISTRATION IDAHO CODE, TO REVISE VERBIAGE RELATING TO THE COMMITTEE REMOVAL OF WATERMASTERS, TO REVISE VERBIAGE AN ACT RELATING TO OATHS AND TO PROVIDE THAT CERTAIN RELATING TO THE JUVENILE CORRECTIONS ACT; WATERMASTERS SHALL NOT BE REQUIRED TO AMENDING CHAPTER 5, TITLE 20, IDAHO CODE, BY TAKE AND FILE ADDITIONAL OATHS; AMENDING THE ADDITION OF A NEW SECTION 20-519A, IDAHO SECTION 42-608, IDAHO CODE, TO PROVIDE TERM OF CODE, TO PROVIDE FOR A CERTAIN EXAMINATION SERVICE PROVISIONS RELATING TO WATERMASTERS, TO DETERMINE COMPETENCY TO PROCEED, TO TO PROVIDE FOR THE ASSUMPTION OF DUTIES BY PROVIDE FOR THE APPOINTMENT OF PSYCHIATRISTS, WATERMASTERS, TO REVISE PROVISIONS RELATING PSYCHOLOGISTS AND EVALUATION COMMITTEES, TO TO THE CESSATION OF PERFORMANCE OF SERVICES PROVIDE FOR HOSPITALIZATION AND TO REQUIRE FOR THE DISTRIBUTION AND CONTROL OF WATER, CERTAIN REPORTS; AMENDING CHAPTER 5, TITLE 20, TO REVISE AND TO PROVIDE FACTORS UNDER WHICH IDAHO CODE, BY THE ADDITION OF A NEW SECTION WATERMASTER SERVICES SHALL BE EXTENDED, TO 20-519B, IDAHO CODE, TO PROVIDE FOR A HEARING PROVIDE FOR PAYMENT FOR EXTENDED TERMS OF TO DETERMINE WHETHER A JUVENILE IS COMPETENT SERVICE AND TO PROVIDE THAT AMOUNTS PAID FOR TO PROCEED, TO PROVIDE FOR THE SUSPENSION OF EXTENDED TERMS OF SERVICE SHALL BE INCLUDED PROCEEDINGS, TO PROVIDE FOR CERTAIN COURT IN THE CALCULATION OF ASSESSMENT AMOUNTS AND ORDERS AND TO PROVIDE A PROCESS TO RESTORE RATES FOR THE PURPOSE OF DETERMINING VOTING COMPETENCY TO PROCEED; AMENDING CHAPTER RIGHTS; AMENDING SECTION 42-615, IDAHO CODE, 5, TITLE 20, IDAHO CODE, BY THE ADDITION OF A TO REVISE PROVISIONS RELATING TO PROPOSED NEW SECTION 20-519C, IDAHO CODE, TO REQUIRE BUDGETS FOR SUCCEEDING YEARS; AND AMENDING THAT CERTAIN REPORTS BE FILED WITHIN SPECIFIED SECTION 42-619, IDAHO CODE, TO PROVIDE THAT TIME FRAMES AND TO REQUIRE A CERTAIN REVIEW CERTAIN TREASURERS SHALL NOT BE REQUIRED TO HEARING BE HELD WITHIN A SPECIFIED TIME FRAME; TAKE AND FILE ADDITIONAL OATHS, TO REFERENCE AND AMENDING CHAPTER 5, TITLE 20, IDAHO CODE, A CODE PROVISION SETTING FORTH THE MANNER OF BY THE ADDITION OF A NEW SECTION 20-519D, IDAHO REMOVAL OF WATER DISTRICT TREASURERS AND TO CODE, TO PROVIDE THAT CERTAIN STATEMENTS ARE REVISE PROVISIONS RELATING TO THOSE DISTRICTS NOT ADMISSIBLE IN CERTAIN PROCEEDINGS AND TO THAT MAY AUTHORIZE WATERMASTERS TO SERVE AS PROVIDE AN EXCEPTION. WATER DISTRICT TREASURERS. HOUSE BILL NO. 141 HOUSE BILL NO. 137 BY JUDICIARY, RULES, AND ADMINISTRATION BY RESOURCES AND CONSERVATION COMMITTEE COMMITTEE AN ACT AN ACT RELATING TO THE ALTERATION OF CHANNELS RELATING TO MOTOR VEHICLES AND RULES OF STREAMS; AMENDING SECTION 42-3806, IDAHO OF THE ROAD; AMENDING CHAPTER 6, TITLE 49, CODE, TO PROVIDE THAT IN SPECIFIED SITUATIONS, IDAHO CODE, BY THE ADDITION OF A NEW SECTION NO PERMIT SHALL BE REQUIRED BY THE STATE OR 49-610, IDAHO CODE, TO PROVIDE THAT NO PERSON ANY AGENCY OR POLITICAL SUBDIVISION THEREOF OPERATING A MOTOR VEHICLE SHALL USE AN FROM A WATER USER OR HIS AGENT. ELECTRONIC DEVICE THAT CAUSES SUCH PERSON TO BE DISTRACTED OR OTHERWISE FAIL TO EXERCISE HOUSE BILL NO. 138 DUE CARE, TO PROVIDE FOR EXCEPTIONS AND TO BY RESOURCES AND CONSERVATION COMMITTEE PROVIDE FOR AN INFRACTION AND FIXED PENALTY. AN ACT RELATING TO IRRIGATION; AMENDING SECTION HOUSE BILL NO. 142 42-1207, IDAHO CODE, TO PROVIDE THAT THE HEIRS, BY RESOURCES AND CONSERVATION COMMITTEE EXECUTORS, ADMINISTRATORS, SUCCESSORS AND AN ACT ASSIGNS OF A LANDOWNER WHO MAKES A CHANGE RELATING TO WATER SKIING; AMENDING SECTION IN A DITCH, CANAL, LATERAL, DRAIN OR BURIED 67-7024, IDAHO CODE, TO PROVIDE THAT VESSELS IRRIGATION CONDUIT, BURIES THE DITCH, CANAL, OPERATING WITHIN A REGULATION LEGAL AND LATERAL OR DRAIN OF ANOTHER IN PIPE OR PERMITTED SLALOM COURSE AND THAT ARE DIRECTS THE RELOCATION OF CONDUIT, SHALL BE EQUIPPED WITH A REAR VIEW WIDE ANGLE MIRROR RESPONSIBLE FOR CERTAIN COSTS AND TO REMOVE ARE EXEMPT FROM THE REQUIREMENT OF HAVING THE REQUIREMENT THAT AGREEMENTS RELATING TO AN OBSERVER IN THE VESSEL AND TO PROVIDE THE RELOCATION OF CONDUIT BE IN WRITING. REQUIREMENTS FOR MIRRORS. 78 HOUSE JOURNAL February 10, 2011]

HOUSE BILL NO. 143 Absent and excused – Bayer, Bedke, Marriott, Rusche. BY RESOURCES AND CONSERVATION COMMITTEE Total – 4. AN ACT Total – 70. RELATING TO FISH AND GAME; AMENDING SECTION 36-404, IDAHO CODE, TO PROVIDE FOR Whereupon the Speaker declared that H 78 passed the House. NONRESIDENT DISABLED COMBINATION LICENSES Title was approved and the bill ordered transmitted to the Senate. FOR AMERICAN VETERANS PARTICIPATING IN HUNTS S 1003 was read the third time at length, section by section, IN ASSOCIATION WITH QUALIFIED ORGANIZATIONS; and placed before the House for final consideration. AMENDING SECTION 36-407, IDAHO CODE, TO PROVIDE THAT CERTAIN LICENSES SHALL BE ISSUED TO At this time, the Speaker recognized Mr. Hart to open debate. NONRESIDENT DISABLED AMERICAN VETERANS PARTICIPATING IN HUNTS IN ASSOCIATION WITH The question being, "Shall S 1003 pass?" QUALIFIED ORGANIZATIONS AND TO DEFINE A TERM; AMENDING SECTION 36-409, IDAHO CODE, TO Roll call resulted as follows: PROVIDE FOR NONRESIDENT DISABLED AMERICAN AYES – Anderson, Andrus, Barbieri, Barrett, Bateman, Bell, VETERAN GAME TAGS; AND AMENDING SECTION Bilbao, Black, Block, Bolz, Boyle, Buckner-Webb, Burgoyne, 36-416, IDAHO CODE, TO PROVIDE FOR FEES FOR Chadderdon(Chadderdon), Chew, Collins, Crane, Cronin, NONRESIDENT DISABLED COMBINATION LICENSES, TO DeMordaunt, Ellsworth, Eskridge, Gibbs(Wheeler), Guthrie, PROVIDE A QUALIFICATION, TO PROVIDE FOR CERTAIN Hagedorn, Hart, Hartgen, Harwood, Henderson, Higgins, Jaquet, NONRESIDENT TAGS, TO PROVIDE A QUALIFICATION Killen, King, Lacey, Lake, Loertscher, Luker, McGeachin, AND TO CORRECT A CODIFIER'S ERROR. McMillan, Moyle, Nesset, Nielsen, Nonini, Palmer, Patrick, Pence, Perry, Raybould, Ringo, Roberts, Schaefer, Shepherd, H 128, H 129, H 130, H 131, H 132, H 133, H 134, H 135, Shirley, Simpson, Sims, Smith(30), Smith(24), Stevenson, H 136, H 137, H 138, H 139, H 140, H 141, H 142, and Takasugi(Batt), Thayn, Thompson, Trail, Vander Woude, Wills, H 143 were introduced, read the first time by title, and referred to Wood(27), Wood(35), Mr. Speaker. Total – 66. the Judiciary, Rules, and Administration Committee for printing. NAYS – None. Absent and excused – Bayer, Bedke, Marriott, Rusche. There being no objection, the House advanced to the Tenth Total – 4. Order of Business. Total – 70. Whereupon the Speaker declared that S 1003 passed the Second Reading of Bills and Joint Resolutions House. Title was approved and the bill ordered returned to the H 93, by Environment, Energy, and Technology Committee, Senate. was read the second time by title and filed for third reading. H 43 and H 44, by Transportation and Defense Committee, S 1048 was read the third time at length, section by section, were read the second time by title and filed for third reading. and placed before the House for final consideration. H 62, H 63, H 64, and H 65, by Agricultural Affairs At this time, the Speaker recognized Mr. Nielsen to open Committee, were read the second time by title and filed for third debate. reading. The question being, "Shall S 1048 pass?" H 105, by State Affairs Committee, was read the second time by title and filed for third reading. Roll call resulted as follows: AYES – Anderson, Andrus, Barbieri, Barrett, Bateman, Bell, Bilbao, Black, Block, Bolz, Boyle, Buckner-Webb, Burgoyne, Third Reading of Bills and Joint Resolutions Chadderdon(Chadderdon), Chew, Collins, Crane, Cronin, DeMordaunt, Ellsworth, Eskridge, Gibbs(Wheeler), Guthrie, H 78 was read the third time at length, section by section, Hagedorn, Hart, Hartgen, Harwood, Henderson, Higgins, Jaquet, and placed before the House for final consideration. Killen, King, Lacey, Lake, Loertscher, Luker, McGeachin, At this time, the Speaker recognized Mr. Thayn to open McMillan, Moyle, Nesset, Nielsen, Nonini, Palmer, Patrick, debate. Pence, Perry, Raybould, Ringo, Roberts, Schaefer, Shepherd, Shirley, Simpson, Sims, Smith(30), Smith(24), Stevenson, The question being, "Shall H 78 pass?" Takasugi(Batt), Thayn, Thompson, Trail, Vander Woude, Wills, Wood(27), Wood(35), Mr. Speaker. Total – 66. Roll call resulted as follows: NAYS – None. AYES – Anderson, Andrus, Barbieri, Barrett, Bateman, Bell, Absent and excused – Bayer, Bedke, Marriott, Rusche. Bilbao, Black, Block, Bolz, Boyle, Buckner-Webb, Burgoyne, Total – 4. Chadderdon(Chadderdon), Chew, Collins, Crane, Cronin, Total – 70. DeMordaunt, Ellsworth, Eskridge, Gibbs(Wheeler), Guthrie, Hagedorn, Hart, Hartgen, Harwood, Henderson, Higgins, Jaquet, Whereupon the Speaker declared that S 1048 passed the Killen, King, Lacey, Lake, Loertscher, Luker, McGeachin, House. Title was approved and the bill ordered returned to the McMillan, Moyle, Nesset, Nielsen, Nonini, Palmer, Patrick, Senate. Pence, Perry, Raybould, Ringo, Roberts, Schaefer, Shepherd, Shirley, Simpson, Sims, Smith(30), Smith(24), Stevenson, H 87 was read the third time at length, section by section, Takasugi(Batt), Thayn, Thompson, Trail, Vander Woude, Wills, and placed before the House for final consideration. Wood(27), Wood(35), Mr. Speaker. Total – 66. NAYS – None. At this time, the Speaker recognized Mr. Bolz to open debate. [February 10, 2011 HOUSE JOURNAL 79

The question being, "Shall H 87 pass?" NAYS – None. Absent and excused – Bayer, Bedke, Marriott, Rusche. Roll call resulted as follows: Total – 4. AYES – Anderson, Andrus, Barbieri, Barrett, Bateman, Bell, Total – 70. Bilbao, Black, Block, Bolz, Boyle, Buckner-Webb, Burgoyne, Chadderdon(Chadderdon), Chew, Collins, Crane, Cronin, Whereupon the Speaker declared that H 90 passed the House. DeMordaunt, Ellsworth, Eskridge, Gibbs(Wheeler), Guthrie, Title was approved and the bill ordered transmitted to the Senate. Hagedorn, Hart, Hartgen, Henderson, Higgins, Jaquet, Killen, King, Lacey, Lake, Loertscher, Luker, McGeachin, McMillan, There being no objection, the House returned to the Fourth Moyle, Nesset, Nielsen, Nonini, Palmer, Patrick, Pence, Perry, Order of Business. Raybould, Ringo, Roberts, Schaefer, Shepherd, Shirley, Simpson, Consideration of Messages from the Sims, Smith(30), Smith(24), Stevenson, Takasugi(Batt), Thayn, Governor and the Senate Thompson, Trail, Vander Woude, Wills, Wood(27), Wood(35), Mr. Speaker. Total – 65. February 10, 2011 NAYS – Harwood. Total – 1. Mr. Speaker: Absent and excused – Bayer, Bedke, Marriott, Rusche. I return herewith enrolled H 102 which has been signed by Total – 4. the President. Total – 70. WOOD, Secretary Whereupon the Speaker declared that H 87 passed the House. Enrolled H 102 was referred to the Judiciary, Rules, and Title was approved and the bill ordered transmitted to the Senate. Administration Committee for delivery to the Governor. H 89 was read the third time at length, section by section, There being no objection, the House advanced to the and placed before the House for final consideration. Sixteenth Order of Business. At this time, the Speaker recognized Mr. Bolz to open debate. Adjournment The question being, "Shall H 89 pass?" Mr. Moyle moved that the House adjourn until 10 a.m., Friday, February 11, 2011. Seconded by Mrs. Higgins. Motion Roll call resulted as follows: carried. AYES – Anderson, Andrus, Barbieri, Barrett, Bateman, Bell, Bilbao, Black, Block, Bolz, Boyle, Buckner-Webb, Burgoyne, Whereupon the Speaker declared the House adjourned at Chadderdon(Chadderdon), Chew, Collins, Crane, Cronin, 11:37 p.m. DeMordaunt, Ellsworth, Eskridge, Gibbs(Wheeler), Guthrie, LAWERENCE DENNEY, Speaker Hagedorn, Hart, Hartgen, Harwood, Henderson, Higgins, Jaquet, Killen, King, Lacey, Lake, Loertscher, Luker, McGeachin, ATTEST: McMillan, Moyle, Nesset, Nielsen, Nonini, Palmer, Patrick, BONNIE ALEXANDER, Chief Clerk Pence, Perry, Raybould, Ringo, Roberts, Schaefer, Shepherd, Shirley, Simpson, Sims, Smith(30), Smith(24), Stevenson, Takasugi(Batt), Thayn, Thompson, Trail, Vander Woude, Wills, Wood(27), Wood(35), Mr. Speaker. Total – 66. NAYS – None. Absent and excused – Bayer, Bedke, Marriott, Rusche. Total – 4. Total – 70. Whereupon the Speaker declared that H 89 passed the House. Title was approved and the bill ordered transmitted to the Senate. H 90 was read the third time at length, section by section, and placed before the House for final consideration. At this time, the Speaker recognized Mr. Bolz to open debate. The question being, "Shall H 90 pass?"

Roll call resulted as follows: AYES – Anderson, Andrus, Barbieri, Barrett, Bateman, Bell, Bilbao, Black, Block, Bolz, Boyle, Buckner-Webb, Burgoyne, Chadderdon(Chadderdon), Chew, Collins, Crane, Cronin, DeMordaunt, Ellsworth, Eskridge, Gibbs(Wheeler), Guthrie, Hagedorn, Hart, Hartgen, Harwood, Henderson, Higgins, Jaquet, Killen, King, Lacey, Lake, Loertscher, Luker, McGeachin, McMillan, Moyle, Nesset, Nielsen, Nonini, Palmer, Patrick, Pence, Perry, Raybould, Ringo, Roberts, Schaefer, Shepherd, Shirley, Simpson, Sims, Smith(30), Smith(24), Stevenson, Takasugi(Batt), Thayn, Thompson, Trail, Vander Woude, Wills, Wood(27), Wood(35), Mr. Speaker. Total – 66. 80 HOUSE JOURNAL February 11, 2011]

HOUSE JOURNAL Report of Standing Committees OF THE February 11, 2011 Mr. Speaker: IDAHO LEGISLATURE We, your COMMITTEE ON JUDICIARY, RULES, AND ADMINISTRATION, report that we have printed HCR 5, FIRST REGULAR SESSION HJM 2, HCR 6, H 128, H 129, H 130, H 131, H 132, H 133, SIXTY-FIRST LEGISLATURE H 134, H 135, H 136, H 137, H 138, H 139, H 140, H 141, H 142, and H 143. WILLS, Chairman

THIRTY-THIRD LEGISLATIVE DAY HCR 6 was filed for second reading. FRIDAY, FEBRUARY 11, 2011 HJM 2, H 135, H 136, H 137, H 138, H 142, and H 143 were referred to the Resources and Conservation Committee. House of Representatives HCR 5, H 128, and H 129 were referred to the Commerce The House convened at 10 a.m., the Speaker in the Chair. and Human Resources Committee. Roll call showed 64 members present. H 130, H 131, H 132, H 133, and H 134 were referred to Absent and excused – Bayer, Gibbs(Wheeler), Loertscher, the Business Committee. Marriott, McGeachin, Shepherd. Total – 6. Total – 70. H 139 and H 140 were referred to the Judiciary, Rules, and Administration Committee. Prayer was offered by Guest Chaplain Gary Moore. H 141 was referred to the Transportation and Defense The Pledge of Allegiance was led by Nayar Barron, Page. Committee. Approval of Journal February 11, 2011 February 11, 2011 Mr. Speaker: Mr. Speaker: We, your COMMITTEE ON JUDICIARY, RULES, AND We, your COMMITTEE ON JUDICIARY, RULES, AND ADMINISTRATION, report that we have enrolled H 11. ADMINISTRATION, report that we have read and approved WILLS, Chairman the House Journal of the Thirty-second Legislative Day and recommend that same be adopted as corrected. The Speaker announced he was about to sign enrolled WILLS, Chairman H 11 and, when so signed, ordered it transmitted to the Senate Mr. Wills moved that the report be adopted. Seconded by for the signature of the President. Mr. Burgoyne. Report adopted. February 10, 2011 Consideration of Messages from the Mr. Speaker: Governor and the Senate We, your COMMITTEE ON JUDICIARY, RULES, AND ADMINISTRATION, report that we have transmitted February 10, 2011 enrolled H 102 to the Governor at 2:05 p.m., as of this date, Mr. Speaker: February 10, 2011. I transmit herewith S 1017, S 1018, S 1019, S 1020, S 1041, WILLS, Chairman S 1045, and S 1056 which have passed the Senate. WOOD, Secretary February 10, 2011 Mr. Speaker: S 1017, S 1018, S 1019, S 1020, S 1041, S 1045, and We, your COMMITTEE ON AGRICULTURAL AFFAIRS, S 1056 were filed for first reading. report that we have had under consideration H 38 and H 39 and recommend that they do pass. February 10, 2011 TRAIL, Chairman Mr. Speaker: I return herewith H 12 which has passed the Senate. H 38 and H 39 were filed for second reading. WOOD, Secretary February 10, 2011 H 12 was referred to the Judiciary, Rules, and Administration Mr. Speaker: Committee for enrolling. We, your COMMITTEE ON LOCAL GOVERNMENT, February 10, 2011 report that we have had under consideration H 112 and Mr. Speaker: recommend that it do pass. I return herewith enrolled HCR 2 which has been signed by BARRETT, Chairman the President. WOOD, Secretary H 112 was filed for second reading. Enrolled HCR 2 was referred to the Judiciary, Rules, and There being no objection, the House advanced to the Seventh Administration Committee for delivery to the Secretary of State. Order of Business. [February 11, 2011 HOUSE JOURNAL 81

Motions, Memorials, and Resolutions RELATING TO RECREATIONAL ACTIVITIES; AMENDING SECTION 67-7101, IDAHO CODE, TO REVISE HOUSE CONCURRENT RESOLUTION NO. 7 DEFINITIONS. BY APPROPRIATIONS COMMITTEE A CONCURRENT RESOLUTION HOUSE BILL NO. 146 STATING FINDINGS OF THE LEGISLATURE BY TRANSPORTATION AND DEFENSE COMMITTEE REGARDING THE BUDGET STABILIZATION FUND AN ACT AND DIRECTING THE STATE CONTROLLER NOT RELATING TO MOTOR VEHICLES AND TRAFFIC; TO TRANSFER GENERAL FUNDS TO THE BUDGET AMENDING SECTION 49-1421A, IDAHO CODE, STABILIZATION FUND IN FISCAL YEAR 2012. TO PROVIDE THAT A PERSON MAY DRIVE AN AUTHORIZED EMERGENCY VEHICLE IN A HIGH Be It Resolved by the Legislature of the State of Idaho: OCCUPANCY VEHICLE LANE WHEN NECESSARY TO PERFORM MAINTENANCE OF THAT LANE, TO DEFINE WHEREAS, the Economic Outlook and Revenue A TERM AND TO DELETE LANGUAGE LIMITING THE Assessment Committee has determined that the revenue growth APPLICATION OF LAW; AND AMENDING SECTION for fiscal year 2011 is four and two-tenths percent (4.2%) 49-123, IDAHO CODE, TO REVISE A DEFINITION AND higher than the previous fiscal year's revenue, as included in the TO MAKE A TECHNICAL CORRECTION. Governor's budget recommendation; and WHEREAS, Section 57-814(2)(a), Idaho Code, directs HOUSE BILL NO. 147 the State Controller to transfer certain funds to the Budget BY TRANSPORTATION AND DEFENSE COMMITTEE Stabilization Fund if revenues are in excess of four percent (4%) AN ACT over the previous fiscal year; and RELATING TO THE RULES OF THE ROAD; WHEREAS, all available revenues will be needed to support AMENDING SECTION 49-601, IDAHO CODE, TO PROVIDE critical ongoing programs and services of the State of Idaho, for AN EXCEPTION TO APPLICATION OF SPECIFIED LAW fiscal year 2012, as recommended in the Governor's budget; and FOR OWNERS OR OPERATORS OF A DITCH, CANAL, WHEREAS, Section 57-814(3), Idaho Code, authorizes the CONDUIT OR DRAIN WHILE ENGAGED IN WORK Legislature through Concurrent Resolution to reduce the transfers WITHIN AND PURSUANT TO A RIGHT-OF-WAY FOR THE made by the State Controller to the Budget Stabilization Fund. SAME. NOW, THEREFORE, BE IT RESOLVED by the members of the First Regular Session of the Sixty-first Idaho Legislature, HOUSE BILL NO. 148 the House of Representatives and the Senate concurring therein, BY LOCAL GOVERNMENT COMMITTEE that the State Controller is hereby directed not to transfer general AN ACT funds to the Budget Stabilization Fund pursuant to Section RELATING TO LOCAL LAND USE PLANNING; 57-814, Idaho Code, during fiscal year 2012. AMENDING SECTION 67-6502, IDAHO CODE, TO PROVIDE THAT ONE PURPOSE OF LOCAL LAND USE HCR 7 was introduced, read the first time by title, and PLANNING IS TO ENCOURAGE THE PROTECTION referred to the Judiciary, Rules, and Administration Committee OF LAND USES FOR THE PRODUCTION OF FOOD, for printing. FIBRE AND MINERALS AS WELL AS THE ECONOMIC BENEFITS THEY PROVIDE TO THE COMMUNITY AND Introduction, First Reading, and Reference TO MAKE TECHNICAL CORRECTIONS; AMENDING of Bills and Joint Resolutions SECTION 67-6508, IDAHO CODE, TO PROVIDE THAT THE COMPREHENSIVE PLAN SHALL CONSIDER HOUSE BILL NO. 144 THE COMPATIBILITY OF LAND USES AND TO BY APPROPRIATIONS COMMITTEE PROVIDE THAT AGRICULTURE SHALL BE ONE AN ACT COMPONENT UPON WHICH COMPREHENSIVE PLANS RELATING TO FUEL TAX DISTRIBUTION; SHALL BE BASED; AMENDING SECTION 67-6511, REPEALING SECTION 2, CHAPTER 333, LAWS OF 2009, IDAHO CODE, TO PROVIDE THAT THE GOVERNING RELATING TO THE REVISION OF DISTRIBUTIONS FROM BOARD SHALL ANALYZE PROPOSED CHANGES TO THE HIGHWAY DISTRIBUTION ACCOUNT; REPEALING ZONING ORDINANCES TO ENSURE THAT THEY ARE SECTION 3, CHAPTER 333, LAWS OF 2009, RELATING TO NOT IN CONFLICT WITH THE POLICIES OF THE THE REVISION OF A CODE REFERENCE IN PROVISIONS COMPREHENSIVE PLAN; AND AMENDING SECTION RELATING TO THE DISTRIBUTION OF APPLICATION 67-6512, IDAHO CODE, TO PROVIDE THAT LOCAL FEES AND TRANSFER FEES; REPEALING SECTION 4, GOVERNMENTS ARE ENCOURAGED TO POST NOTICES CHAPTER 333, LAWS OF 2009, RELATING TO REVISIONS OF HEARINGS RELATING TO REQUESTS FOR SPECIAL TO THE DISTRIBUTIONS OF TAX REVENUES FROM USE PERMITS ON THEIR OFFICIAL WEBSITES. THE TAX ON GASOLINE; AMENDING SECTION 67-2914, IDAHO CODE, TO REVISE PROVISIONS RELATING HOUSE BILL NO. 149 TO THE IDAHO LAW ENFORCEMENT FUND; AND BY AGRICULTURAL AFFAIRS COMMITTEE AMENDING SECTION 7, CHAPTER 333, LAWS OF 2009, AN ACT AS AMENDED BY SECTION 1, CHAPTER 129, LAWS OF RELATING TO CRUELTY TO ANIMALS; AMENDING 2010, TO DELETE REFERENCE TO SECTIONS 2, 3 AND 4. THE HEADING FOR CHAPTER 35, TITLE 25, IDAHO CODE, TO REVISE THE HEADING NAME; AMENDING HOUSE BILL NO. 145 SECTION 25-3501, IDAHO CODE, TO PROVIDE THAT BY TRANSPORTATION AND DEFENSE COMMITTEE THE DIVISION OF ANIMAL INDUSTRIES SHALL BE AN ACT RESPONSIBLE FOR ADMINISTERING SPECIFIED LAW AS IT PERTAINS TO PRODUCTION ANIMALS, LOCAL LAW 82 HOUSE JOURNAL February 11, 2011]

ENFORCEMENT AGENCIES SHALL BE RESPONSIBLE AND TO REVISE DEFINITIONS; AMENDING SECTION FOR ADMINISTERING SPECIFIED LAW AS IT PERTAINS 37-504, IDAHO CODE, TO PROVIDE FOR THE PRORATION TO COMPANION ANIMALS AND TO AUTHORIZE LOCAL OF LICENSE FEES AND TO REVISE PROVISIONS LAW ENFORCEMENT TO CALL ON THE DIVISION RELATING TO THE NONISSUANCE AND REVOCATION FOR AID; AND AMENDING SECTION 25-3502, IDAHO OF CERTAIN LICENSES; AMENDING SECTION 37-505, CODE, TO REVISE THE DEFINITIONS OF "COMPANION IDAHO CODE, TO REVISE REPORTING REQUIREMENTS; ANIMAL" AND "PRODUCTION ANIMAL." AMENDING SECTION 37-506, IDAHO CODE, TO REVISE TESTING PROVISIONS, TO AUTHORIZE THE HOUSE BILL NO. 150 DEPARTMENT OF AGRICULTURE TO CONDUCT BY AGRICULTURAL AFFAIRS COMMITTEE CERTAIN AUDITS RELATING TO PAYMENTS FOR AN ACT MILK AND CREAM AND TO CORRECT A CODIFIER'S RELATING TO CONFINED ANIMAL FEEDING ERROR; AMENDING SECTION 37-507, IDAHO CODE, TO OPERATIONS; AMENDING SECTION 67-6529C, IDAHO REVISE PROVISIONS RELATING TO STATEMENTS OF CODE, TO REVISE THE DEFINITION OF "CAFO"; MILK AND CREAM PURCHASED; AMENDING SECTION AMENDING SECTION 67-6529E, IDAHO CODE, TO 37-509, IDAHO CODE, TO REMOVE MISDEMEANOR PROVIDE THAT COUNTIES REQUESTING SUITABILITY PENALTY PROVISIONS AND TO PROVIDE FOR CIVIL DETERMINATIONS ARE TO INCLUDE THE COUNTY'S PENALTIES AND TO PROVIDE THAT THE DIRECTOR OF DEFINITION OF "CAFO" AS SET FORTH IN ANY THE IDAHO DEPARTMENT OF AGRICULTURE SHALL APPLICABLE COUNTY ORDINANCE IN THEIR REQUEST; NOT BE REQUIRED TO REPORT MINOR VIOLATIONS; AND AMENDING CHAPTER 65, TITLE 67, IDAHO CODE, AMENDING SECTION 37-510, IDAHO CODE, TO BY THE ADDITION OF A NEW SECTION 67-6529H, IDAHO REMOVE REFERENCE TO BABCOCK TESTS AND TO CODE, TO PROVIDE FOR APPLICATION FEES RELATING REQUIRE EVERY OPERATOR TESTING COMPONENTS TO SITE SUITABILITY DETERMINATIONS, TO PROVIDE IN MILK OR CREAM TO RETAIN SAMPLES FOR A A PROCESS AND TO PROVIDE AN EXEMPTION; AND SPECIFIED PERIOD OF TIME; AMENDING SECTION DECLARING AN EMERGENCY. 37-513, IDAHO CODE, TO REMOVE REFERENCE TO BABCOCK TESTS AND TO REVISE CERTAIN HOUSE BILL NO. 151 EVIDENCE PROVISIONS; AMENDING SECTION 37-515, BY AGRICULTURAL AFFAIRS COMMITTEE IDAHO CODE, TO AUTHORIZE THE DEPARTMENT OF AN ACT AGRICULTURE TO PROMULGATE CERTAIN RULES AND RELATING TO THE ALFALFA AND CLOVER TO PROVIDE THAT CERTAIN PAYMENTS AND REFUNDS SEED COMMISSION; AMENDING SECTION 22-4204, SHALL BE MADE TO AGGRIEVED PARTIES WITHIN IDAHO CODE, TO REMOVE REFERENCE TO THE A SPECIFIED TIME PERIOD; REPEALING SECTION DEPARTMENT OF AGRICULTURE, TO PROVIDE THAT 37-517, IDAHO CODE, RELATING TO VIOLATIONS THE ALFALFA AND CLOVER SEED COMMISSION CONSTITUTING MISDEMEANORS; REPEALING SECTION SHALL BE ESTABLISHED IN THE DEPARTMENT OF 37-518, IDAHO CODE, RELATING TO PROSECUTIONS; SELF-GOVERNING AGENCIES AND TO REMOVE REPEALING SECTION 37-519, IDAHO CODE, RELATING OBSOLETE VERBIAGE; AMENDING SECTION 22-4205, TO CONSTRUCTION OF SPECIFIED LAW WITH IDAHO CODE, TO REMOVE REFERENCE TO THE SANITARY AND HEALTH LAWS; AND REPEALING TIME AND PLACE OF ANNUAL MEETING, TO REVISE CHAPTER 6, TITLE 37, IDAHO CODE, RELATING TO THE PROVISIONS RELATING TO THE NOMINATION OF STANDARDIZATION OF GLASSWARE FOR BABCOCK GROWER MEMBERS OF THE ALFALFA AND CLOVER TESTS. SEED COMMISSION, TO PROVIDE FOR NOMINATION AT A MEETING OF THE IDAHO ALFALFA AND CLOVER HOUSE BILL NO. 153 SEED GROWERS ASSOCIATION, TO PROVIDE FOR BY ENVIRONMENT, ENERGY, AND TECHNOLOGY SUBMISSION OF NAMES TO THE GOVERNOR AND COMMITTEE TO REMOVE REFERENCE TO AN ANNUAL MEETING; AN ACT AMENDING SECTION 22-4206, IDAHO CODE, TO RELATING TO WATER QUALITY; AMENDING REMOVE AN EXCEPTION RELATING TO VACANCIES IN SECTION 39-3601, IDAHO CODE, TO REVISE PROVISIONS COMMISSION OFFICES AND TO REMOVE OBSOLETE OF LEGISLATIVE INTENT; AMENDING SECTION VERBIAGE RELATING TO THE TERMS OF OFFICE OF 39-3602, IDAHO CODE, TO DEFINE TERMS, TO REMOVE COMMISSION MEMBERS; AND AMENDING SECTION A DEFINITION AND TO REVISE A DEFINITION; 67-2601, IDAHO CODE, TO INCLUDE THE IDAHO AMENDING SECTION 39-3603, IDAHO CODE, TO ALFALFA AND CLOVER SEED COMMISSION AS ONE PROVIDE A POLICY RELATING TO TIER I, II AND III OF THE AGRICULTURAL COMMODITY COMMISSIONS PROTECTIONS ASSOCIATED WITH WATER QUALITY, UNDER THE DEPARTMENT OF SELF-GOVERNING TO PROVIDE FOR IMPLEMENTATION, TO PROVIDE AGENCIES. FOR ANTIDEGRADATION REVIEWS ASSOCIATED WITH THE ISSUANCE OF CERTAIN GENERAL PERMITS, TO HOUSE BILL NO. 152 PROVIDE THAT THE DEPARTMENT MAY PRESUME BY AGRICULTURAL AFFAIRS COMMITTEE CERTAIN DISCHARGES ARE INSIGNIFICANT OR AN ACT THAT CERTAIN POLLUTION CONTROLS ARE THE RELATING TO DAIRY PRODUCTS; AMENDING THE LEAST DEGRADING ALTERNATIVE IF SUPPORTED HEADING FOR CHAPTER 5, TITLE 37, IDAHO CODE, BY THE PERMIT RECORD, TO PROVIDE FOR THE TO REMOVE REFERENCE TO BABCOCK TESTS AND IDENTIFICATION OF TIER II WATERS, TO PROVIDE TO PROVIDE FOR MILK COMPONENTS AND QUALITY FOR THE DETERMINATION OF APPROPRIATE TESTING; AMENDING SECTION 37-503, IDAHO CODE, TO LEVELS OF PROTECTION, TO PROVIDE THAT THE REVISE PROVISIONS RELATING TO CERTAIN LICENSES DEPARTMENT SHALL DETERMINE WHETHER CERTAIN [February 11, 2011 HOUSE JOURNAL 83

ACTIVITIES OR DISCHARGES ARE INSIGNIFICANT, DeMordaunt, Ellsworth, Eskridge, Guthrie, Hagedorn, Hart, TO PROVIDE A GUIDELINE AND TO PROVIDE THAT Hartgen, Harwood, Henderson, Higgins, Killen, King, Lacey, THE DEPARTMENT MAY REQUEST ADDITIONAL Lake, Luker, McMillan, Moyle, Nesset, Nielsen, Nonini, INFORMATION; AMENDING SECTION 39-3623, IDAHO Palmer, Patrick, Pence, Perry, Raybould, Ringo, Roberts, CODE, TO PROVIDE FOR THE APPROVAL OF SPECIFIED Rusche, Schaefer, Shirley, Simpson, Sims, Smith(30), Smith(24), RULES; AND DECLARING AN EMERGENCY. Stevenson, Takasugi(Batt), Thayn, Thompson, Trail, Vander Woude, Wills, Wood(27), Wood(35), Mr. Speaker. Total – 62. HOUSE BILL NO. 154 NAYS – Burgoyne. Total – 1. BY COMMERCE AND HUMAN RESOURCES Absent and excused – Bayer, Gibbs(Wheeler), Jaquet, COMMITTEE Loertscher, Marriott, McGeachin, Shepherd. Total – 7. AN ACT Total – 70. RELATING TO THE EMPLOYMENT SECURITY LAW; AMENDING SECTION 72-1372, IDAHO CODE, Whereupon the Speaker declared that H 93 passed the House. TO PROVIDE A CIVIL PENALTY FOR PROFESSIONAL Title was approved and the bill ordered transmitted to the Senate. EMPLOYERS WHO FAILED TO FILE QUARTERLY WAGE REPORTS AND TO MAKE A TECHNICAL CORRECTION. H 43 was read the third time at length, section by section, and placed before the House for final consideration. H 144, H 145, H 146, H 147, H 148, H 149, H 150, H 151, H 152, H 153, and H 154 were introduced, read the first time At this time, the Speaker recognized Mr. Bateman to open by title, and referred to the Judiciary, Rules, and Administration debate. Committee for printing. The question being, "Shall H 43 pass?" S 1017, S 1018, S 1019, and S 1020, by Commerce and Human Resources Committee, were introduced, read the first time Roll call resulted as follows: by title, and referred to the Commerce and Human Resources AYES – Anderson, Andrus, Barbieri, Barrett, Bateman, Committee. Bedke, Bell, Bilbao, Black, Block, Bolz, Boyle, Buckner-Webb, Burgoyne, Chadderdon(Chadderdon), Chew, Collins, Crane, S 1041, by State Affairs Committee, was introduced, read the Cronin, DeMordaunt, Ellsworth, Eskridge, Guthrie, Hagedorn, first time by title, and referred to the State Affairs Committee. Hart, Hartgen, Henderson, Higgins, Jaquet, Killen, King, Lacey, Luker, McMillan, Moyle, Nesset, Nielsen, Nonini, S 1045 and S 1056, by Judiciary and Rules Committee, Palmer, Patrick, Pence, Perry, Raybould, Ringo, Roberts, were introduced, read the first time by title, and referred to the Rusche, Schaefer, Shirley, Simpson, Sims, Smith(30), Smith(24), Judiciary, Rules, and Administration Committee. Stevenson, Takasugi(Batt), Thayn, Thompson, Trail, Vander There being no objection, the House advanced to the Tenth Woude, Wills, Wood(27), Wood(35), Mr. Speaker. Total – 62. Order of Business. NAYS – Harwood, Lake. Total – 2. Absent and excused – Bayer, Gibbs(Wheeler), Loertscher, Second Reading of Bills and Joint Resolutions Marriott, McGeachin, Shepherd. Total – 6. Total – 70. HR 2, by State Affairs Committee, was read the second time by title and filed for third reading. Whereupon the Speaker declared that H 43 passed the House. Title was approved and the bill ordered transmitted to the Senate. H 76, by Commerce and Human Resources Committee, was read the second time by title and filed for third reading. H 44 was read the third time at length, section by section, and placed before the House for final consideration. H 111, by Judiciary, Rules, and Administration Committee, was read the second time by title and filed for third reading. At this time, the Speaker recognized Mr. Hagedorn to open debate. H 113, by Local Government Committee, was read the second time by title and filed for third reading. The question being, "Shall H 44 pass?" H 126, by Revenue and Taxation Committee, was read the second time by title and filed for third reading. Roll call resulted as follows: AYES – Anderson, Andrus, Barbieri, Barrett, Bateman, H 117, by State Affairs Committee, was read the second time Bedke, Bell, Bilbao, Black, Block, Bolz, Boyle, Buckner-Webb, by title and filed for third reading. Burgoyne, Chadderdon(Chadderdon), Chew, Collins, Crane, Cronin, DeMordaunt, Ellsworth, Eskridge, Guthrie, Hagedorn, Third Reading of Bills and Joint Resolutions Hart, Hartgen, Harwood, Henderson, Higgins, Jaquet, Killen, King, Lacey, Lake, Luker, McMillan, Moyle, Nesset, Nielsen, H 93 was read the third time at length, section by section, Nonini, Palmer, Patrick, Pence, Perry, Raybould, Ringo, Roberts, and placed before the House for final consideration. Rusche, Schaefer, Shirley, Simpson, Sims, Smith(30), Smith(24), At this time, the Speaker recognized Mr. Hartgen to open Stevenson, Takasugi(Batt), Thayn, Thompson, Trail, Vander debate. Woude, Wills, Wood(27), Wood(35), Mr. Speaker. Total – 64. NAYS – None. The question being, "Shall H 93 pass?" Absent and excused – Bayer, Gibbs(Wheeler), Loertscher, Marriott, McGeachin, Shepherd. Total – 6. Roll call resulted as follows: Total – 70. AYES – Anderson, Andrus, Barbieri, Barrett, Bateman, Bedke, Bell, Bilbao, Black, Block, Bolz, Boyle, Buckner-Webb, Whereupon the Speaker declared that H 44 passed the House. Chadderdon(Chadderdon), Chew, Collins, Crane, Cronin, Title was approved and the bill ordered transmitted to the Senate. 84 HOUSE JOURNAL February 11, 2011]

Mr. Moyle asked unanimous consent that the remaining bills on the Third Reading Calendar retain their places until Monday, February 14, 2011. There being no objection, it was so ordered. There being no objection, the House advanced to the Sixteenth Order of Business. Adjournment Mr. Moyle moved that the House adjourn until 11 a.m., Monday, February 14, 2011. Seconded by Mr. Rusche. Motion carried. Whereupon the Speaker declared the House adjourned at 10:36 a.m. LAWERENCE DENNEY, Speaker ATTEST: BONNIE ALEXANDER, Chief Clerk [February 14, 2011 HOUSE JOURNAL 85

HOUSE JOURNAL Consideration of Messages from the Governor and the Senate OF THE OFFICE OF THE GOVERNOR IDAHO LEGISLATURE Boise February 11, 2011 FIRST REGULAR SESSION SIXTY-FIRST LEGISLATURE The Honorable Lawerence Denney Speaker of the House

Dear Mr. Speaker: I have the honor to advise you that I have signed today and THIRTY-SIXTH LEGISLATIVE DAY am transmitting to the Secretary of State the following House bill, MONDAY, FEBRUARY 14, 2011 to wit: H 102 As Always - Idaho, "Esto Perpetua" House of Representatives /s/ C.L. "Butch" Otter The House convened at 11 a.m., the Speaker in the Chair. Governor Roll call showed all 70 members present. February 11, 2011 Mr. Speaker: Prayer was offered by Chaplain Tom Dougherty. I transmit herewith S 1043, S 1055, S 1050, and S 1060 which have passed the Senate. The Pledge of Allegiance was led by Saige Benjamin, Page. WOOD, Secretary Approval of Journal S 1043, S 1055, S 1050, and S 1060 were filed for first February 14, 2011 reading. Mr. Speaker: February 11, 2011 We, your COMMITTEE ON JUDICIARY, RULES, AND Mr. Speaker: ADMINISTRATION, report that we have read and approved I return herewith enrolled H 7, H 10, and H 8 which have the House Journal of the Thirty-third Legislative Day and been signed by the President. recommend that same be adopted as corrected. WOOD, Secretary WILLS, Chairman Enrolled H 7, H 10, and H 8 were referred to the Judiciary, Mr. Wills moved that the report be adopted. Seconded by Rules, and Administration Committee for delivery to the Mr. Burgoyne. Report adopted. Governor. At this time, the Speaker put the House at ease. Report of Standing Committees A Lincoln Day Memorial Service was presented to the February 14, 2011 members of the House. Mr. Speaker: Opening Remarks ...... Representative Judy Boyle We, your COMMITTEE ON JUDICIARY, RULES, AND ADMINISTRATION, report that we have printed HCR 7, H 144, Pipes and Drums Processional H 145, H 146, H 147, H 148, H 149, H 150, H 151, H 152, H 153, and H 154. "America the Beautiful" WILLS, Chairman Treasure Valley Professional Firefighters Pipes and Drums HCR 7 was filed for second reading. "Lincoln's Leadership" Representative Linden Bateman H 144, H 145, H 146, and H 147 were referred to the Transportation and Defense Committee. "Battle Hymn of the Republic" Representative Cherie Buckner-Webb, soloist H 148 was referred to the Local Government Committee. Michael Boney, piano accompanist H 149, H 150, H 151, and H 152 were referred to the Introduction of Program ...... Representative Judy Boyle Agricultural Affairs Committee. "Encouragement from the Past, by the Future" H 153 was referred to the Environment, Energy, and Midvale Third and Fourth Grade Students Technology Committee. "Deep River" H 154 was referred to the Commerce and Human Resources Representative Cherie Buckner-Webb and Michael Boney Committee. Concluding Remarks ...... Representative Judy Boyle February 14, 2011 Pipes and Drums Retreat March Mr. Speaker: We, your COMMITTEE ON JUDICIARY, RULES, AND Prior to going at ease, the House was at the Third Order of ADMINISTRATION, report that we have enrolled H 12. Business. WILLS, Chairman 86 HOUSE JOURNAL February 14, 2011]

The Speaker announced he was about to sign enrolled HOUSE CONCURRENT RESOLUTION NO. 8 H 12 and, when so signed, ordered it transmitted to the Senate BY STATE AFFAIRS COMMITTEE for the signature of the President. A CONCURRENT RESOLUTION STATING LEGISLATIVE FINDINGS AND CONGRATULATING LEWISTON, IDAHO, AND THE February 11, 2011 LEWIS-CLARK VALLEY FOR BEING CHOSEN AS ONE OF Mr. Speaker: THE MOST SECURE PLACES TO LIVE IN THE UNITED We, your COMMITTEE ON JUDICIARY, RULES, AND STATES. ADMINISTRATION, report that we have transmitted enrolled HCR 2 to the Secretary of State at 11:28 a.m., as of this date, Be It Resolved by the Legislature of the State of Idaho: February 11, 2011. WILLS, Chairman WHEREAS, in this time of economic uncertainty, a safe and secure environment in which to live, work and raise a family has become an even greater priority; and February 14, 2011 WHEREAS, the Farmers Insurance Group of Companies Mr. Speaker: annually ranks communities as the most secure places to live; We, your COMMITTEE ON REVENUE AND TAXATION, and report that we have had under consideration H 124 and WHEREAS, the rankings took into consideration crime S 1052 and recommend that they do pass. statistics, extreme weather, risk of natural disasters, housing LAKE, Chairman depreciation, foreclosures, air quality, terrorist threats, H 124 and S 1052 were filed for second reading. environmental hazards, life expectancy and job loss numbers in 379 municipalities; and WHEREAS, in 2010 the Lewiston, Idaho, and the There being no objection, the House advanced to the Seventh Lewis-Clark Valley area ranks as the most secure small town Order of Business. with a population of less than 150,000 in 2010; and WHEREAS, the Lewiston and Lewis-Clark Valley area's Motions, Memorials, and Resolutions access to the Pacific Ocean through a network of river, rail and highway transportation facilities provides an excellent HOUSE PROCLAMATION NO. 3 business climate for what is regarded as the most inland seaport BY STATE AFFAIRS COMMITTEE in the western United States and it scored high in the study A PROCLAMATION due to excellent job growth, low crime and minimal housing COMMENDING LEWISTON, IDAHO, ON ITS 150TH depreciation. BIRTHDAY. NOW, THEREFORE, BE IT RESOLVED by the members of We, the members of the House of Representatives and the the First Regular Session of the Sixty-first Idaho Legislature, the Senate of the State of Idaho assembled in the First Regular House of Representatives and the Senate concurring therein, that Session of the Sixty-first Idaho Legislature, do hereby proclaim: we congratulate the city of Lewiston, Idaho, and the Lewis-Clark WHEREAS, the City of Lewiston, situated at the confluence Valley for being chosen as one of the most secure places to live of the Snake and Clearwater rivers, was founded in 1861 and will in the United States. be celebrating its 150th birthday this year; and WHEREAS, Lewiston was named to honor the Lewis Clark HP 3 and HCR 8 were introduced, read the first time by encampment, is located on the Lewis and Clark Trail and the title, and referred to the Judiciary, Rules, and Administration Lewis and Clark Scenic Byway, and is considered the gateway Committee for printing. into Hells Canyon; and WHEREAS, Lewiston is the most inland seaport and Idaho's Introduction, First Reading, and Reference only seaport, and commercial hub for North Central Idaho; and of Bills and Joint Resolutions WHEREAS, at the time of its founding, Abraham Lincoln was inaugurated President of the United States and the Civil War HOUSE BILL NO. 155 began; and BY RESOURCES AND CONSERVATION COMMITTEE WHEREAS, in the early 1860's, Lewiston served as a AN ACT commercial hub for the gold mining camps of northern Idaho; RELATING TO FISH AND GAME; AMENDING and SECTION 36-1407, IDAHO CODE, TO REMOVE WHEREAS, Lewiston was chosen as the site of Idaho's PROCESSING FEE PROVISIONS FOR BLACK BEAR AND first territorial Capitol by Territorial Governor William Wallace TO MAKE A TECHNICAL CORRECTION. in 1863, and was the location of the first meeting of the Idaho Legislature; and HOUSE BILL NO. 156 WHEREAS, Lewiston was also the site of Idaho's first post BY STATE AFFAIRS COMMITTEE office, brewery, newspaper and public school district. AN ACT NOW, THEREFORE, BE IT PROCLAIMED by the RELATING TO THE IDAHO VIDEO SERVICE ACT; members of the House of Representatives and the Senate AMENDING TITLE 50, IDAHO CODE, BY THE ADDITION assembled in the First Regular Session of the Sixty-first Idaho OF A NEW CHAPTER 30, TITLE 50, IDAHO CODE, Legislature, that we congratulate the residents of the City of TO PROVIDE A SHORT TITLE, TO DEFINE TERMS, Lewiston, Idaho and commend the City of Lewiston on its 150th TO PROVIDE FOR FRANCHISING AUTHORITY, TO year. PROVIDE FOR THE USE OF PUBLIC RIGHTS-OF-WAY, BE IT FURTHER RESOLVED that the Chief Clerk of the TO PROVIDE FOR MODIFICATIONS OF EXISTING House of Representatives be, and she is hereby authorized to FRANCHISE AGREEMENTS, TO PROVIDE FOR FEES, send a copy of this Proclamation to the mayor and city council TO PROVIDE FOR A HOLDER OF CERTIFICATE, TO members of the City of Lewiston. PROVIDE FOR PROVISION OF ACCESS TO VIDEO [February 14, 2011 HOUSE JOURNAL 87

SERVICE WITHIN A CERTAIN PERIOD, TO PROVIDE FOR H 38 and H 39, by Agricultural Affairs Committee, were read AMENDMENT OF THE CERTIFICATE OF FRANCHISE the second time by title and filed for third reading. AUTHORITY, TO PROVIDE FOR SUSPENSION OF AUTHORITY FOR NONCOMPLIANCE WITH CERTAIN H 112, by Local Government Committee, was read the REQUIREMENTS, TO PROVIDE FOR A VIDEO SERVICE second time by title and filed for third reading. PROVIDER FEE, TO PROVIDE FOR NONDISCRIMINATION BY GOVERNMENTAL ENTITIES RELATING TO USE Third Reading of Bills and Joint Resolutions OF THE PUBLIC RIGHTS-OF-WAY, TO PROHIBIT Mr. Moyle asked unanimous consent that the bills on the DISCRIMINATION AMONG POTENTIAL RESIDENTIAL Third Reading Calendar retain their places for one legislative day. SUBSCRIBERS, TO PROVIDE FOR CUSTOMER SERVICE There being no objection, it was so ordered. STANDARDS, TO PROVIDE FOR DESIGNATION AND USE OF CHANNEL CAPACITY FOR PUBLIC, EDUCATIONAL There being no objection, the House advanced to the OR GOVERNMENTAL USE AND TO PROVIDE FOR Sixteenth Order of Business. APPLICABILITY OF OTHER LAW; AND PROVIDING SEVERABILITY. Adjournment

HOUSE BILL NO. 157 Mr. Moyle moved that the House adjourn until 11 a.m., BY EDUCATION COMMITTEE Tuesday, February 15, 2011. Seconded by Mr. Rusche. Motion AN ACT carried. RELATING TO IDAHO STATE UNIVERSITY; REPEALING SECTION 33-3008, IDAHO CODE, RELATING Whereupon the Speaker declared the House adjourned at TO A CERTAIN TRAINING OR MODEL SCHOOL. 12:05 p.m. LAWERENCE DENNEY, Speaker HOUSE BILL NO. 158 ATTEST: BY EDUCATION COMMITTEE BONNIE ALEXANDER, Chief Clerk AN ACT RELATING TO THE STATE BOARD OF EDUCATION; AMENDING SECTION 33-107B, IDAHO CODE, TO PROVIDE THAT THE INSTITUTIONAL CONTRIBUTION OPTIONAL RETIREMENT PROGRAM RATE SHALL BE EQUAL TO PERSI CONTRIBUTION RATES AND TO MAKE A TECHNICAL CORRECTION.

HOUSE BILL NO. 159 BY EDUCATION COMMITTEE AN ACT RELATING TO THE OFFICE OF THE STATE BOARD OF EDUCATION; AMENDING SECTION 33-102A, IDAHO CODE, TO REVISE PROVISIONS RELATING TO EMPLOYEES OR CONTRACTORS OF THE EXECUTIVE OFFICER OF THE STATE BOARD OF EDUCATION OR THE OFFICE OF THE STATE BOARD OF EDUCATION AND TO DELETE LANGUAGE DEFINING A TERM. H 155, H 156, H 157, H 158, and H 159 were introduced, read the first time by title, and referred to the Judiciary, Rules, and Administration Committee for printing. S 1043, by Judiciary and Rules Committee, was introduced, read the first time by title, and referred to the Judiciary, Rules, and Administration Committee. S 1055, by Agricultural Affairs Committee, was introduced, read the first time by title, and referred to the Agricultural Affairs Committee. S 1050 and S 1060, by Transportation Committee, were introduced, read the first time by title, and referred to the Transportation and Defense Committee. There being no objection, the House advanced to the Tenth Order of Business. Second Reading of Bills and Joint Resolutions HCR 6, by Judiciary, Rules, and Administration Committee, was read the second time by title and filed for third reading. 88 HOUSE JOURNAL February 15, 2011]

HOUSE JOURNAL February 14, 2011 Mr. Speaker: OF THE I return herewith enrolled H 11 which has been signed by the President. IDAHO LEGISLATURE WOOD, Secretary Enrolled H 11 was referred to the Judiciary, Rules, and FIRST REGULAR SESSION Administration Committee for delivery to the Governor. SIXTY-FIRST LEGISLATURE Report of Standing Committees February 15, 2011 Mr. Speaker: We, your COMMITTEE ON JUDICIARY, RULES, AND THIRTY-SEVENTH LEGISLATIVE DAY ADMINISTRATION, report that we have printed HP 3, HCR 8, TUESDAY, FEBRUARY 15, 2011 H 155, H 156, H 157, H 158, and H 159. WILLS, Chairman House of Representatives HP 3, HCR 8, and H 155 were filed for second reading. The House convened at 11 a.m., the Speaker in the Chair. H 156 was referred to the State Affairs Committee. Roll call showed all 70 members present. H 157, H 158, and H 159 were referred to the Education Committee. Prayer was offered by Chaplain Tom Dougherty. The Pledge of Allegiance was led by Brady Smith, Page. February 14, 2011 Mr. Speaker: Approval of Journal We, your COMMITTEE ON JUDICIARY, RULES, AND ADMINISTRATION, report that we have transmitted enrolled February 15, 2011 H 7, H 10, and H 8 to the Governor at 12:30 p.m., as of this Mr. Speaker: date, February 14, 2011. We, your COMMITTEE ON JUDICIARY, RULES, AND WILLS, Chairman ADMINISTRATION, report that we have read and approved the House Journal of the Thirty-sixth Legislative Day and February 14, 2011 recommend that same be adopted as corrected. Mr. Speaker: WILLS, Chairman We, your COMMITTEE ON TRANSPORTATION AND DEFENSE, report that we have had under consideration Mr. Wills moved that the report be adopted. Seconded by S 1011 and recommend that it do pass. Mr. Burgoyne. Report adopted. SMITH, Chairman Consideration of Messages from the S 1011 was filed for second reading. Governor and the Senate February 14, 2011 OFFICE OF THE GOVERNOR Mr. Speaker: Boise We, your COMMITTEE ON AGRICULTURAL AFFAIRS, report that we have had under consideration H 101 and February 15, 2011 recommend that it do pass. The Honorable Lawerence Denney TRAIL, Chairman Speaker of the House H 101 was filed for second reading. Dear Mr. Speaker: There being no objection, the House advanced to the Seventh I have the honor to advise you that I have signed today and Order of Business. am transmitting to the Secretary of State the following House bills, to wit: Motions, Memorials, and Resolutions H 7, H 8, and H 10 Mr. Rusche asked unanimous consent, pursuant to Rule 45, that H 57 be reported forthwith out of the Ways and Means As Always - Idaho, "Esto Perpetua" Committee to which it had been referred. Mr. Moyle objected. /s/ C.L. "Butch" Otter Governor Mr. Rusche moved that H 57 be reported forthwith out of the Ways and Means Committee to which it had been referred. February 14, 2011 Mrs. Higgins seconded the motion. Mr. Speaker: I transmit herewith enrolled S 1003 and S 1048 for the The question being, "Shall the motion carry?" signature of the Speaker. WOOD, Secretary AYES – Buckner-Webb, Burgoyne, Chew, Cronin, Higgins, Jaquet, Killen, King, Lacey, Nesset, Pence, Ringo, Rusche, The Speaker announced he was about to sign enrolled Smith(30), Trail. Total – 15. S 1003 and S 1048 and, when so signed, ordered them returned NAYS – Anderson, Andrus, Barbieri, Barrett, Bateman, to the Senate. Bayer, Bedke, Bell, Bilbao, Black, Block, Bolz, Boyle, [February 15, 2011 HOUSE JOURNAL 89

Chadderdon(Chadderdon), Collins, Crane, DeMordaunt, advocates, to develop the requests for proposal described in this Ellsworth, Eskridge, Gibbs(Wheeler), Guthrie, Hagedorn, concurrent resolution. Hart, Hartgen, Harwood, Henderson, Lake, Loertscher, Luker, BE IT FURTHER RESOLVED that the Idaho Department of Marriott, McGeachin, McMillan, Moyle, Nielsen, Nonini, Health and Welfare and the Idaho Department of Administration Palmer, Patrick, Perry, Raybould, Roberts, Schaefer, Shepherd, are requested to bring a report outlining such proposals to the Shirley, Simpson, Sims, Stevenson, Takasugi(Batt), Thayn, Second Regular Session of the Sixty-first Idaho Legislature. Thompson, Vander Woude, Wills, Wood(27), Wood(35), BE IT FURTHER RESOLVED that the Idaho Department of Mr. Speaker. Total – 54. Health and Welfare is requested to draft legislation, if necessary, Absent and excused – Smith(24). Total – 1. to implement these proposals. Total – 70. HCR 9 was introduced, read the first time by title, and Whereupon the Speaker declared the motion failed and H 57 referred to the Judiciary, Rules, and Administration Committee remained in the Ways and Means Committee. for printing.

HOUSE CONCURRENT RESOLUTION NO. 9 BY HEALTH AND WELFARE COMMITTEE Introduction, First Reading, and Reference A CONCURRENT RESOLUTION of Bills and Joint Resolutions STATING FINDINGS OF THE LEGISLATURE AND ENCOURAGING THE IDAHO DEPARTMENT OF HOUSE BILL NO. 160 ADMINISTRATION AND THE IDAHO DEPARTMENT OF BY TRANSPORTATION AND DEFENSE COMMITTEE HEALTH AND WELFARE TO DEVELOP PROPOSALS AND AN ACT REQUESTS RELATING TO THE OPERATION AND USE OF RELATING TO MOTOR VEHICLE DRIVER'S THE IDAHO STATE SCHOOL AND HOSPITAL. LICENSES; AMENDING SECTION 49-326, IDAHO CODE, TO PROVIDE THAT A PHYSICIAN WHO HAS REASON Be It Resolved by the Legislature of the State of Idaho: TO BELIEVE THAT A PERSON IS INCOMPETENT TO DRIVE A MOTOR VEHICLE MAY SUBMIT A REPORT, WHEREAS, the Medicaid reimbursement of the Idaho State TO PROVIDE FOR NOTICE AND TO PROVIDE THAT IF School and Hospital is currently $705 per resident per day and the A PHYSICIAN SUBMITS A REPORT IN GOOD FAITH, average Medicaid reimbursement of privately run intermediate NO PROFESSIONAL DISCIPLINARY PROCEDURE, care facilities in Idaho is currently $226 per day; and NO MONETARY LIABILITY AND NO CAUSE OF WHEREAS, the Medicaid reimbursement to the Idaho ACTION MAY ARISE AGAINST THE PHYSICIAN FOR State School and Hospital is more than three times higher than SUBMISSION OF THE REPORT. the Medicaid reimbursement to privately run intermediate care facilities in Idaho; and HOUSE BILL NO. 161 WHEREAS, the Idaho State School and Hospital provides an BY TRANSPORTATION AND DEFENSE COMMITTEE important function and is a safety net for dozens of very difficult AN ACT patients with intellectual disabilities and/or mental illness; and RELATING TO THE TAX ON MOTOR FUELS; WHEREAS, there are many buildings and much land owned AMENDING SECTION 63-2402, IDAHO CODE, TO by the state that are no longer used to care for the few residents PROVIDE THAT THE MOTOR FUELS TAX APPLIES TO at the Idaho State School and Hospital; and DYED FUELS. WHEREAS, Idaho has successfully discharged many patients from the Idaho State School and Hospital into the HOUSE BILL NO. 162 community to lower cost alternatives, where those individuals BY HEALTH AND WELFARE COMMITTEE will likely have the opportunity to achieve a higher quality of AN ACT life; and RELATING TO HOSPITAL LICENSES AND WHEREAS, many advocates for the intellectually disabled INSPECTIONS; AMENDING SECTION 39-1392c, IDAHO recommend the closure of the Idaho State School and Hospital CODE, TO REVISE CIVIL LIABILITY IMMUNITY and finding placement in the community for those that currently PROVISIONS FOR HEALTH CARE ORGANIZATIONS reside there; and OR OTHER PERSONS, TO PROVIDE AN EXCEPTION WHEREAS, there are extensive state owned buildings and AND TO REVISE DISCLOSURE REQUIREMENTS; AND land surrounding the Idaho State School and Hospital that are not PROVIDING LEGISLATIVE INTENT. being used for the benefit of the state of Idaho. NOW, THEREFORE, BE IT RESOLVED by the members HOUSE BILL NO. 163 of the First Regular Session of the Sixty-first Idaho Legislature, BY HEALTH AND WELFARE COMMITTEE the House of Representatives and the Senate concurring therein, AN ACT that the Idaho Department of Health and Welfare and the Idaho RELATING TO RESTRAINT OF PREGNANT Department of Administration are requested to develop a request PRISONERS; AMENDING TITLE 20, IDAHO CODE, for proposal for a private organization to take over the operation BY THE ADDITION OF A NEW CHAPTER 9, of the Idaho State School and Hospital. TITLE 20, IDAHO CODE, TO DEFINE TERMS, TO BE IT FURTHER RESOLVED that the Idaho Department PROVIDE FOR RESTRICTIONS ON RESTRAINT OF of Administration is requested to develop a proposal to sell the PREGNANT PRISONERS AND FOR EXTRAORDINARY buildings and lands surrounding the Idaho State School and CIRCUMSTANCE AND TO PROVIDE NOTICE TO Hospital or to use them in a way that financially benefits the PRISONERS; AND DECLARING AN EMERGENCY. state of Idaho. BE IT FURTHER RESOLVED that the Idaho Department of HOUSE BILL NO. 164 Health and Welfare and the Idaho Department of Administration BY HEALTH AND WELFARE COMMITTEE are encouraged to work with interested parties, including client AN ACT 90 HOUSE JOURNAL February 15, 2011]

RELATING TO ADVISORY COUNCILS; AMENDING H 160, H 161, H 162, H 163, H 164, H 165, H 166, and SECTION 39-3330, IDAHO CODE, TO REVISE THE H 167 were introduced, read the first time by title, and referred to NUMBER OF MEMBERS OF THE RESIDENTIAL CARE OR the Judiciary, Rules, and Administration Committee for printing. ASSISTED LIVING ADVISORY COUNCIL, TO REMOVE A LISTING OF WHO SHALL SERVE, THE TERM OF There being no objection, the House advanced to the Tenth SERVICE AND THE FILLING OF VACANCIES ON THE Order of Business. COUNCIL AND TO PROVIDE FOR HOW THE MEMBERS Second Reading of Bills and Joint Resolutions OF THE COUNCIL SHALL BE DETERMINED; AMENDING SECTION 39-3331, IDAHO CODE, TO REVISE THE HCR 7, by Appropriations Committee, was read the second POWERS AND DUTIES OF THE RESIDENTIAL CARE OR time by title and filed for third reading. ASSISTED LIVING ADVISORY COUNCIL; AMENDING SECTION 39-3332, IDAHO CODE, TO PROVIDE FOR AN H 124, by Revenue and Taxation Committee, was read the ADDITIONAL DEPARTMENT OF HEALTH AND WELFARE second time by title and filed for third reading. DUTY; AND AMENDING SECTION 39-3511, IDAHO CODE, S 1052, by Local Government and Taxation Committee, was TO REVISE THE NUMBER OF MEMBERS OF THE IDAHO read the second time by title and filed for third reading. CERTIFIED FAMILY HOMES ADVISORY COUNCIL, TO REMOVE PROVISIONS ON WHO SHALL SERVE, TERM Third Reading of Bills and Joint Resolutions OF SERVICE AND FILLING OF VACANCIES ON THE COUNCIL AND TO PROVIDE FOR HOW THE MEMBERS H 62 was read the third time at length, section by section, OF THE COUNCIL SHALL BE DETERMINED. and placed before the House for final consideration. At this time, the Speaker recognized Ms. McMillan to open debate. HOUSE BILL NO. 165 At this time, Mr. Moyle took the Chair. BY HEALTH AND WELFARE COMMITTEE AN ACT The question being, "Shall H 62 pass?" RELATING TO PUBLIC ASSISTANCE; AMENDING CHAPTER 2, TITLE 56, IDAHO CODE, BY THE ADDITION Roll call resulted as follows: OF A NEW SECTION 56-209p, IDAHO CODE, TO PROVIDE AYES – Anderson, Andrus, Barbieri, Barrett, Bateman, PAYMENT FOR MIDWIFE SERVICES AND PROVIDING Bayer, Bedke, Bell, Bilbao, Black, Block, Bolz, Boyle, LEGISLATIVE INTENT. Buckner-Webb, Burgoyne, Chadderdon(Chadderdon), Chew, Collins, Crane, Cronin, DeMordaunt, Ellsworth, Eskridge, Gibbs(Wheeler), Guthrie, Hagedorn, Hart, Hartgen, Harwood, Henderson, Higgins, Jaquet, Killen, King, Lacey, Lake, HOUSE BILL NO. 166 Loertscher, Luker, Marriott, McGeachin, McMillan, Moyle, BY AGRICULTURAL AFFAIRS COMMITTEE Nesset, Nielsen, Nonini, Palmer, Patrick, Pence, Perry, Raybould, AN ACT Ringo, Roberts, Rusche, Schaefer, Shepherd, Shirley, Simpson, RELATING TO THE RIGHT TO FARM; AMENDING Sims, Smith(30), Smith(24), Stevenson, Takasugi(Batt), Thayn, SECTION 22-4502, IDAHO CODE, TO DEFINE A TERM Thompson, Trail, Vander Woude, Wills, Wood(27), Wood(35), AND TO REVISE DEFINITIONS; AMENDING SECTION Mr. Speaker. Total – 70. 22-4503, IDAHO CODE, TO REVISE PROVISIONS NAYS – None. PROVIDING THAT A CERTAIN OPERATION, FACILITY Whereupon the Speaker Pro Tem declared that H 62 passed AND EXPANSION ARE NOT A NUISANCE AND TO the House. Title was approved and the bill ordered transmitted to REVISE PROVISIONS RELATING TO AN EXCEPTION; the Senate. AMENDING SECTION 22-4504, IDAHO CODE, TO REVISE PROVISIONS RELATING TO LOCAL ORDINANCES; H 63 was read the third time at length, section by section, AMENDING CHAPTER 45, TITLE 22, IDAHO CODE, and placed before the House for final consideration. BY THE ADDITION OF A NEW SECTION 22-4505, IDAHO CODE, TO PROVIDE PROVISIONS RELATING At this time, the Speaker Pro Tem recognized Ms. Boyle to TO NUISANCE ACTIONS AND ATTORNEY'S FEES; open debate. AMENDING CHAPTER 45, TITLE 22, IDAHO CODE, The question being, "Shall H 63 pass?" BY THE ADDITION OF A NEW SECTION 22-4506, IDAHO CODE, TO PROVIDE FOR SEVERABILITY; Roll call resulted as follows: AND AMENDING SECTION 50-2018, IDAHO CODE, TO AYES – Anderson, Andrus, Barbieri, Barrett, Bateman, PROVIDE CORRECT CODE REFERENCES. Bayer, Bedke, Bell, Bilbao, Black, Block, Bolz, Boyle, Buckner-Webb, Burgoyne, Chadderdon(Chadderdon), Chew, Collins, Crane, Cronin, DeMordaunt, Ellsworth, Eskridge, HOUSE BILL NO. 167 Gibbs(Wheeler), Guthrie, Hagedorn, Hart, Hartgen, Harwood, BY EDUCATION COMMITTEE Henderson, Higgins, Jaquet, Killen, King, Lacey, Lake, AN ACT Loertscher, Luker, Marriott, McGeachin, McMillan, Moyle, RELATING TO COSMETICIANS; AMENDING Nesset, Nielsen, Nonini, Palmer, Patrick, Pence, Perry, Raybould, SECTION 54-802, IDAHO CODE, TO REVISE A Ringo, Roberts, Rusche, Schaefer, Shepherd, Shirley, Simpson, DEFINITION; AND AMENDING SECTION 54-808, Sims, Smith(30), Smith(24), Stevenson, Takasugi(Batt), Thayn, IDAHO CODE, TO REVISE PROVISIONS RELATING Thompson, Trail, Vander Woude, Wills, Wood(27), Wood(35), TO REGULATIONS FOR DOMESTIC SCHOOLS OF Mr. Speaker. Total – 70. COSMETOLOGY. NAYS – None. [February 15, 2011 HOUSE JOURNAL 91

Whereupon the Speaker Pro Tem declared that H 63 passed Roll call resulted as follows: the House. Title was approved and the bill ordered transmitted to AYES – Anderson, Andrus, Barbieri, Barrett, Bateman, the Senate. Bayer, Bedke, Bell, Bilbao, Black, Block, Bolz, Boyle, Buckner-Webb, Burgoyne, Chadderdon(Chadderdon), Chew, Collins, Crane, Cronin, DeMordaunt, Ellsworth, Eskridge, H 64 was read the third time at length, section by section, Gibbs(Wheeler), Guthrie, Hagedorn, Hart, Hartgen, Harwood, and placed before the House for final consideration. Henderson, Higgins, Jaquet, Killen, King, Lacey, Lake, Loertscher, Luker, Marriott, McGeachin, McMillan, Moyle, At this time, the Speaker Pro Tem recognized Ms. Batt to Nesset, Nielsen, Nonini, Palmer, Patrick, Pence, Perry, Raybould, open debate. Ringo, Roberts, Rusche, Schaefer, Shepherd, Shirley, Simpson, The question being, "Shall H 64 pass?" Sims, Smith(30), Smith(24), Stevenson, Takasugi(Batt), Thayn, Thompson, Trail, Vander Woude, Wills, Wood(27), Wood(35), Mr. Speaker. Total – 70. Roll call resulted as follows: NAYS – None. AYES – Anderson, Andrus, Barbieri, Barrett, Bateman, Whereupon the Speaker Pro Tem declared that H 105 passed Bayer, Bedke, Bell, Bilbao, Black, Block, Bolz, Boyle, the House. Title was approved and the bill ordered transmitted to Buckner-Webb, Burgoyne, Chadderdon(Chadderdon), Chew, the Senate. Collins, Crane, Cronin, DeMordaunt, Ellsworth, Eskridge, Gibbs(Wheeler), Guthrie, Hagedorn, Hart, Hartgen, Harwood, Henderson, Higgins, Jaquet, Killen, King, Lacey, Lake, HR 2 was read the third time at length and placed before the Loertscher, Luker, Marriott, McGeachin, McMillan, Moyle, House for final consideration. Nesset, Nielsen, Nonini, Palmer, Patrick, Pence, Perry, Raybould, Ringo, Roberts, Rusche, Schaefer, Shepherd, Shirley, Simpson, At this time, the Speaker Pro Tem recognized Mr. Speaker to Sims, Smith(30), Smith(24), Stevenson, Takasugi(Batt), Thayn, open debate. Thompson, Trail, Vander Woude, Wills, Wood(27), Wood(35). Total – 69. The question being, "Shall HR 2 be adopted?" NAYS – None. Absent and excused – Mr. Speaker. Total – 1. Total – 70. Roll call resulted as follows: AYES – Anderson, Andrus, Barbieri, Barrett, Bateman, Whereupon the Speaker Pro Tem declared that H 64 passed Bayer, Bedke, Bell, Bilbao, Black, Block, Bolz, Boyle, the House. Title was approved and the bill ordered transmitted to Buckner-Webb, Burgoyne, Chadderdon(Chadderdon), Chew, the Senate. Collins, Crane, Cronin, DeMordaunt, Ellsworth, Eskridge, Gibbs(Wheeler), Guthrie, Hagedorn, Hart, Hartgen, Harwood, H 65 was read the third time at length, section by section, Henderson, Higgins, Jaquet, Killen, King, Lacey, Lake, and placed before the House for final consideration. Loertscher, Luker, Marriott, McGeachin, McMillan, Moyle, At this time, the Speaker Pro Tem recognized Mr. Lacey to Nesset, Nielsen, Nonini, Palmer, Patrick, Pence, Perry, Raybould, open debate. Ringo, Roberts, Rusche, Schaefer, Shepherd, Shirley, Simpson, Sims, Smith(30), Smith(24), Stevenson, Takasugi(Batt), Thayn, The question being, "Shall H 65 pass?" Thompson, Trail, Vander Woude, Wills, Wood(27), Wood(35), Mr. Speaker. Total – 70. Roll call resulted as follows: NAYS – None. AYES – Anderson, Andrus, Barbieri, Barrett, Bateman, Bayer, Bedke, Bell, Bilbao, Black, Block, Bolz, Boyle, Whereupon the Speaker Pro Tem declared HR 2 adopted and Buckner-Webb, Burgoyne, Chadderdon(Chadderdon), Chew, ordered the resolution filed in the office of the Chief Clerk. Collins, Crane, Cronin, DeMordaunt, Ellsworth, Eskridge, Gibbs(Wheeler), Guthrie, Hagedorn, Hart, Hartgen, Harwood, H 76 was read the third time at length, section by section, Henderson, Higgins, Jaquet, Killen, King, Lacey, Lake, and placed before the House for final consideration. Loertscher, Luker, Marriott, McGeachin, McMillan, Moyle, Nesset, Nielsen, Nonini, Palmer, Patrick, Pence, Perry, Raybould, At this time, the Speaker Pro Tem recognized Mr. Lake to Ringo, Roberts, Rusche, Schaefer, Shepherd, Shirley, Simpson, open debate. Sims, Smith(30), Smith(24), Stevenson, Takasugi(Batt), Thayn, Thompson, Trail, Vander Woude, Wills, Wood(27), Wood(35), The question being, "Shall H 76 pass?" Mr. Speaker. Total – 70. NAYS – None. Roll call resulted as follows: AYES – Anderson, Andrus, Barbieri, Barrett, Bateman, Whereupon the Speaker Pro Tem declared that H 65 passed Bayer, Bedke, Bell, Bilbao, Block, Bolz, Boyle, Buckner-Webb, the House. Title was approved and the bill ordered transmitted to Burgoyne, Chadderdon(Chadderdon), Chew, Collins, Crane, the Senate. Cronin, DeMordaunt, Ellsworth, Eskridge, Gibbs(Wheeler), Guthrie, Hagedorn, Hart, Hartgen, Harwood, Henderson, H 105 was read the third time at length, section by section, Higgins, Jaquet, Killen, King, Lacey, Lake, Loertscher, Luker, and placed before the House for final consideration. Marriott, McGeachin, McMillan, Moyle, Nesset, Nielsen, At this time, the Speaker Pro Tem recognized Ms. Jaquet and Nonini, Palmer, Patrick, Pence, Perry, Raybould, Ringo, Roberts, Ms. Pence to open debate. Rusche, Schaefer, Shepherd, Shirley, Simpson, Sims, Smith(30), Smith(24), Stevenson, Thayn, Thompson, Trail, Vander Woude, The question being, "Shall H 105 pass?" Wills, Wood(27), Wood(35), Mr. Speaker. Total – 68. 92 HOUSE JOURNAL February 15, 2011]

NAYS – None. Whereupon the Speaker declared that H 126 passed the Absent and excused – Black, Takasugi(Batt). Total – 2. House. Title was approved and the bill ordered transmitted to Total – 70. the Senate. Whereupon the Speaker Pro Tem declared that H 76 passed Mr. Moyle asked unanimous consent that the remaining the House. Title was approved and the bill ordered transmitted to bills on the Third Reading Calendar retain their places for one the Senate. legislative day. There being no objection, it was so ordered. Mr. Roberts asked unanimous consent that There being no objection, the House advanced to the H 111 retain its place on the Third Reading Calendar until Sixteenth Order of Business. Thursday, February 17, 2011. There being no objection, it was so ordered. Adjournment H 113 was read the third time at length, section by section, Mr. Moyle moved that the House adjourn until 10:30 a.m., and placed before the House for final consideration. Wednesday, February 16, 2011. Seconded by Mr. Rusche. Motion carried. At this time, the Speaker Pro Tem recognized Mr. Killen to open debate. Whereupon the Speaker declared the House adjourned at 12:03 p.m. At this time, the Speaker took to the Chair. LAWERENCE DENNEY, Speaker The question being, "Shall H 113 pass?" ATTEST: BONNIE ALEXANDER, Chief Clerk Roll call resulted as follows: AYES – Anderson, Andrus, Barbieri, Barrett, Bateman, Bayer, Bedke, Bell, Bilbao, Block, Bolz, Boyle, Buckner-Webb, Burgoyne, Chew, Collins, Crane, Cronin, DeMordaunt, Ellsworth, Eskridge, Gibbs(Wheeler), Guthrie, Hagedorn, Hart, Harwood, Henderson, Higgins, Jaquet, Killen, King, Lacey, Lake, Loertscher, Luker, Marriott, McGeachin, McMillan, Moyle, Nesset, Nielsen, Nonini, Palmer, Patrick, Pence, Perry, Raybould, Ringo, Roberts, Rusche, Schaefer, Shepherd, Shirley, Simpson, Sims, Smith(30), Smith(24), Stevenson, Thayn, Thompson, Trail, Vander Woude, Wills, Wood(27), Wood(35), Mr. Speaker. Total – 66. NAYS – Hartgen. Total – 1. Absent and excused – Black, Chadderdon(Chadderdon), Takasugi(Batt). Total – 3. Total – 70. Whereupon the Speaker declared that H 113 passed the House. Title was approved and the bill ordered transmitted to the Senate. H 126 was read the third time at length, section by section, and placed before the House for final consideration. At this time, the Speaker recognized Mr. Moyle to open debate. The question being, "Shall H 126 pass?"

Roll call resulted as follows: AYES – Anderson, Andrus, Barrett, Bateman, Bayer, Bedke, Bell, Bilbao, Block, Bolz, Boyle, Burgoyne, Chadderdon(Chadderdon), Chew, Collins, Crane, Cronin, DeMordaunt, Ellsworth, Eskridge, Gibbs(Wheeler), Guthrie, Hagedorn, Hart, Hartgen, Harwood, Henderson, Higgins, Jaquet, Killen, King, Lacey, Lake, Loertscher, Marriott, McMillan, Moyle, Nesset, Nielsen, Nonini, Palmer, Patrick, Pence, Perry, Raybould, Ringo, Roberts, Rusche, Schaefer, Shepherd, Shirley, Simpson, Sims, Smith(30), Smith(24), Stevenson, Thayn, Thompson, Trail, Vander Woude, Wills, Wood(27), Wood(35), Mr. Speaker. Total – 64. NAYS – Barbieri, Luker, McGeachin. Total – 3. Absent and excused – Black, Buckner-Webb, Takasugi(Batt). Total – 3. Total – 70. [February 16, 2011 HOUSE JOURNAL 93

HOUSE JOURNAL Report of Standing Committees February 16, 2011 OF THE Mr. Speaker: We, your COMMITTEE ON JUDICIARY, RULES, AND IDAHO LEGISLATURE ADMINISTRATION, report that we have printed HCR 9, H 160, H 161, H 162, H 163, H 164, H 165, H 166, and H 167. FIRST REGULAR SESSION WILLS, Chairman SIXTY-FIRST LEGISLATURE HCR 9, H 162, H 164, and H 165 were referred to the Health and Welfare Committee. H 160 and H 161 were referred to the Transportation and Defense Committee. THIRTY-EIGHTH LEGISLATIVE DAY WEDNESDAY, FEBRUARY 16, 2011 H 163 was referred to the Judiciary, Rules, and Administration Committee.

House of Representatives H 166 was referred to the Agricultural Affairs Committee. The House convened at 10:30 a.m., the Speaker in the Chair. H 167 was referred to the Education Committee. Roll call showed 69 members present. February 15, 2011 Absent and excused – Chadderdon(Chadderdon). Total – 1. Mr. Speaker: Total – 70. We, your COMMITTEE ON JUDICIARY, RULES, AND ADMINISTRATION, report that we have transmitted Prayer was offered by Chaplain Tom Dougherty. enrolled H 11 to the Governor at 12:35 p.m., as of this date, February 15, 2011. The Pledge of Allegiance was led by Edward Smith, Page. WILLS, Chairman February 15, 2011 Approval of Journal Mr. Speaker: February 16, 2011 We, your COMMITTEE ON COMMERCE AND HUMAN Mr. Speaker: RESOURCES, report that we have had under consideration We, your COMMITTEE ON JUDICIARY, RULES, AND H 79 and H 80 and recommend that they do pass. ADMINISTRATION, report that we have read and approved BLOCK, Chairman the House Journal of the Thirty-seventh Legislative Day and H 79 and H 80 were filed for second reading. recommend that same be adopted as corrected. WILLS, Chairman February 15, 2011 Mr. Speaker: Mr. Wills moved that the report be adopted. Seconded by We, your COMMITTEE ON RESOURCES AND Mr. Burgoyne. Report adopted. CONSERVATION, report that we have had under consideration H 142, H 52, H 53, H 54, H 56, and HJM 2 and recommend Consideration of Messages from the that they do pass. Governor and the Senate STEVENSON, Chairman February 15, 2011 H 142, H 52, H 53, H 54, H 56, and HJM 2 were filed for Mr. Speaker: second reading. I return herewith enrolled H 12 which has been signed by the February 15, 2011 President. Mr. Speaker: WOOD, Secretary We, your COMMITTEE ON JUDICIARY, RULES, Enrolled H 12 was referred to the Judiciary, Rules, and AND ADMINISTRATION, report that we have had under Administration Committee for delivery to the Governor. consideration H 119, H 121, H 139, S 1008, S 1009, S 1014, S 1029, S 1030, and S 1031 and recommend that they do pass. February 15, 2011 WILLS, Chairman Mr. Speaker: I transmit herewith S 1042 which has passed the Senate. H 119, H 121, H 139, S 1008, S 1009, S 1014, S 1029, WOOD, Secretary S 1030, and S 1031 were filed for second reading. S 1042 was filed for first reading. There being no objection, the House advanced to the Seventh Order of Business. February 15, 2011 Mr. Speaker: Motions, Memorials, and Resolutions I return herewith HCR 4, H 27, and H 13 which have passed the Senate. HOUSE PROCLAMATION NO. 4 WOOD, Secretary BY STATE AFFAIRS COMMITTEE A PROCLAMATION HCR 4, H 27, and H 13 were referred to the Judiciary, Rules, COMMENDING EARL HOLDING AND MUFFY DAVIS and Administration Committee for enrolling. FOR THEIR CONTRIBUTIONS TO THE SPORT OF SKIING 94 HOUSE JOURNAL February 16, 2011]

AND COMMEMORATING SUN VALLEY RESORT'S HOUSE BILL NO. 168 75TH ANNIVERSARY AND ITS COMMITMENT TO THE BY STATE AFFAIRS COMMITTEE SPORT OF SKIING BY PROCLAIMING DECEMBER AN ACT TWENTY-FIRST SUN VALLEY DAY. RELATING TO EMINENT DOMAIN; AMENDING We, the members of the House of Representatives and the SECTION 7-704, IDAHO CODE, TO PROVIDE AN Senate of the State of Idaho assembled in the First Regular ADDITIONAL FACT PREREQUISITE TO TAKING AND TO Session of the Sixty-first Idaho Legislature, do hereby proclaim: MAKE TECHNICAL CORRECTIONS; AND AMENDING WHEREAS, Union Pacific Railroad's Sun Valley Resort SECTION 40-506, IDAHO CODE, TO PROVIDE A CORRECT opened its doors as this country's first ski resort December 21, CODE REFERENCE. 1936, and invented the world's first chairlift; and WHEREAS, Idaho took prominent position on the world HOUSE BILL NO. 169 stage as the Sun Valley Resort attracted notoriety and nobility BY BUSINESS COMMITTEE - presidents and famous authors such as Ernest Hemingway - AN ACT and was the setting for many major motion pictures such as the RELATING TO PUBLIC CONTRACTING; AMENDING Twentieth Century Fox film "Sun Valley Serenade"; and SECTION 67-2806, IDAHO CODE, TO PROVIDE WHEREAS, Sun Valley has contributed significantly to FOR CONSIDERATION OF IDAHO NONPROFIT Idaho's $3.5 billion tourist industry; and ORGANIZATIONS REPRESENTING PERSONS WITH WHEREAS, Sun Valley Resort owner Earl Holding, 2010 DISABILITIES; AMENDING SECTION 67-5716, IDAHO Ski and Snowboard Hall of Fame Inductee, has invested untold CODE, TO ALPHABETIZE TERMS, TO DEFINE millions into the resort since his purchase in 1977, continually "NONPROFIT ORGANIZATION REPRESENTING upgrading hotels, mountain lodges, year-round resort amenities PERSONS WITH DISABILITIES" AND "PERSONS maintaining the resort's rating as one of the top ten ski resorts in WITH DISABILITIES" AND TO MAKE TECHNICAL North America; and CORRECTIONS; REPEALING SECTION 67-5716, IDAHO WHEREAS, Ski and Snowboard Hall of Fame Inductee CODE, RELATING TO DEFINITIONS OF TERMS; Muffy Davis has won more than twenty-five World Cup victories AMENDING CHAPTER 57, TITLE 67, IDAHO CODE, BY and four Paralympic medals, becoming an inspiration for Idaho THE ADDITION OF A NEW SECTION 67-5716, IDAHO and the world; and CODE, TO DEFINE TERMS; AMENDING SECTION WHEREAS, these two most recent Sun Valley inductees to 67-5718, IDAHO CODE, TO PROVIDE FOR ENHANCED the Ski and Snowboard Hall of Fame join more than ten other OPPORTUNITIES FOR PERSONS WITH DISABILITIES Ketchum-Sun Valley skiers who have received this title. AND TO PROVIDE A CERTAIN PREFERENCE TO IDAHO NOW, THEREFORE, BE IT PROCLAIMED by the NONPROFIT ORGANIZATIONS REPRESENTING PERSONS members of the House of Representatives and the Senate WITH DISABILITIES; AMENDING SECTION 67-6708, assembled in the First Regular Session of the Sixty-first Idaho IDAHO CODE, TO REVISE THE RESPONSIBILITIES Legislature, that we recognize Earl Holding and Muffy Davis for AND DUTIES OF THE IDAHO STATE COUNCIL ON their contributions to the sport of skiing and we commemorate DEVELOPMENTAL DISABILITIES AND TO MAKE Sun Valley Resort's 75th anniversary and its commitment to the TECHNICAL CORRECTIONS; AND PROVIDING sport of skiing by proclaiming December twenty-first Sun Valley EFFECTIVE DATES. Day. HOUSE BILL NO. 170 HP 4 was introduced, read the first time by title, and BY BUSINESS COMMITTEE referred to the Judiciary, Rules, and Administration Committee AN ACT for printing. RELATING TO SOCIAL SECURITY NUMBERS; AMENDING SECTION 73-122, IDAHO CODE, TO REMOVE Introduction, First Reading, and Reference A REQUIREMENT THAT SOCIAL SECURITY NUMBERS of Bills and Joint Resolutions OF APPLICANTS FOR RECREATIONAL LICENSES BE RECORDED ON APPLICATIONS FOR SUCH LICENSES. House of Representatives State of Idaho HOUSE BILL NO. 171 February 15, 2011 BY BUSINESS COMMITTEE AN ACT The Honorable Max C. Black, Chairman RELATING TO INSURANCE AND TRADE PRACTICES Business Committee AND FRAUD; AMENDING SECTION 41-1314, IDAHO CODE, TO REPLACE REFERENCES TO AGENTS, Dear Representative Black: SOLICITORS AND BROKERS WITH REFERENCE TO PRODUCERS AND TO PROVIDE THAT A CERTAIN CODE I hereby designate the Business Committee a privileged SECTION DOES NOT PROHIBIT CERTAIN INSURERS committee on Tuesday, February 15, 2011, for the purpose FROM PROVIDING TO A CONTRACT HOLDER OR of introducing RS 20223 (H 169), RS 20338 (H 170), and PROSPECTIVE CONTRACT HOLDER OF CERTAIN RS 20411 (H 171). INSURANCE CERTAIN ITEMS OF AN AGGREGATE VALUE OF ONE HUNDRED DOLLARS OR LESS ON A Sincerely, SEMIANNUAL BASIS. /s/ Lawerence Denney Speaker of the House HOUSE BILL NO. 172 BY REVENUE AND TAXATION COMMITTEE The letter was ordered filed in the office of the Chief Clerk. AN ACT [February 16, 2011 HOUSE JOURNAL 95

RELATING TO SALES TAX; AMENDING SECTION Mr. Moyle asked unanimous consent that the remaining 63-3622GG, IDAHO CODE, TO PROVIDE THAT PARTS bills on the Third Reading Calendar retain their places for one INSTALLED ON CERTAIN AIRCRAFT ARE EXEMPT; AND legislative day. There being no objection, it was so ordered. PROVIDING A SUNSET DATE. There being no objection, the House advanced to the HOUSE BILL NO. 173 Sixteenth Order of Business. BY REVENUE AND TAXATION COMMITTEE AN ACT Adjournment RELATING TO INCOME TAX; PROVIDING DIRECTION Mr. Moyle moved that the House adjourn until 10:30 a.m., TO THE IDAHO STATE TAX COMMISSION REGARDING Thursday, February 17, 2011. Seconded by Mr. Rusche. Motion IDAHO INDIVIDUAL INCOME TAX RETURN FORM 40. carried. H 168, H 169, H 170, H 171, H 172, and H 173 were Whereupon the Speaker declared the House adjourned at introduced, read the first time by title, and referred to the 12:40 p.m. Judiciary, Rules, and Administration Committee for printing. LAWERENCE DENNEY, Speaker S 1042, by State Affairs Committee, was introduced, read the ATTEST: first time by title, and referred to the State Affairs Committee. BONNIE ALEXANDER, Chief Clerk There being no objection, the House advanced to the Tenth Order of Business. Second Reading of Bills and Joint Resolutions HP 3 and HCR 8, by State Affairs Committee, were read the second time by title and filed for third reading. H 155, by Resources and Conservation Committee, was read the second time by title and filed for third reading. S 1011, by Judiciary and Rules Committee, was read the second time by title and filed for third reading. H 101, by Agricultural Affairs Committee, was read the second time by title and filed for third reading. Third Reading of Bills and Joint Resolutions At this time, the Speaker introduced Denis Stevens, Consul General of Canada, who spoke briefly to the members of the House. H 117 was read the third time at length, section by section, and placed before the House for final consideration. At this time, the Speaker recognized Mr. Barbieri to open debate. The question being, "Shall H 117 pass?"

Roll call resulted as follows: AYES – Andrus, Barbieri, Barrett, Bateman, Bayer, Bedke, Bell, Bilbao, Block, Bolz, Boyle, Collins, Crane, DeMordaunt, Ellsworth, Gibbs(Wheeler), Guthrie, Hagedorn, Hart, Hartgen, Harwood, Henderson, Lake, Loertscher, Luker, Marriott, McGeachin, McMillan, Moyle, Nielsen, Nonini, Palmer, Patrick, Perry, Raybould, Roberts, Schaefer, Shepherd, Shirley, Simpson, Sims, Stevenson, Takasugi(Batt), Thayn, Thompson, Vander Woude, Wills, Wood(35), Mr. Speaker. Total – 49. NAYS – Anderson, Black, Buckner-Webb, Burgoyne, Chew, Cronin, Eskridge, Higgins, Jaquet, Killen, King, Lacey, Nesset, Pence, Ringo, Rusche, Smith(30), Smith(24), Trail, Wood(27). Total – 20. Absent and excused – Chadderdon(Chadderdon). Total – 1. Total – 70. Whereupon the Speaker declared that H 117 passed the House. Title was approved and the bill ordered transmitted to the Senate. 96 HOUSE JOURNAL February 17, 2011]

HOUSE JOURNAL HP 4 was filed for second reading. OF THE H 168 was referred to the State Affairs Committee. H 169, H 170, and H 171 were referred to the Business IDAHO LEGISLATURE Committee. FIRST REGULAR SESSION H 172 and H 173 were referred to the Revenue and Taxation Committee. SIXTY-FIRST LEGISLATURE

February 17, 2011 Mr. Speaker: We, your COMMITTEE ON JUDICIARY, RULES, AND THIRTY-NINTH LEGISLATIVE DAY ADMINISTRATION , report that we have enrolled HCR 4, H 27, THURSDAY, FEBRUARY 17, 2011 and H 13 . WILLS, Chairman

House of Representatives The Speaker announced he was about to sign enrolled HCR 4, H 27, and H 13 and, when so signed, ordered them The House convened at 10:30 a.m., the Speaker in the Chair. transmitted to the Senate for the signature of the President. February 16, 2011 Roll call showed 69 members present. Mr. Speaker: Absent and excused – Black. Total – 1. We, your COMMITTEE ON JUDICIARY, RULES, Total – 70. AND ADMINISTRATION , report that we have transmitted enrolled H 12 to the Governor at 1:45 p.m., as of this date, Prayer was offered by Chaplain Tom Dougherty. February 16, 2011. The Pledge of Allegiance was led by Jakoub Fudge, Page. WILLS, Chairman Approval of Journal February 16, 2011 Mr. Speaker: February 17, 2011 We, your COMMITTEE ON STATE AFFAIRS , report Mr. Speaker: that we have had under consideration S 1006 and S 1007 and We, your COMMITTEE ON JUDICIARY, RULES, AND recommend that they do pass. ADMINISTRATION, report that we have read and approved LOERTSCHER, Chairman the House Journal of the Thirty-eighth Legislative Day and recommend that same be adopted as corrected. S 1006 and S 1007 were filed for second reading. WILLS, Chairman February 16, 2011 Mr. Wills moved that the report be adopted. Seconded by Mr. Speaker: Mr. Burgoyne. Report adopted. We, your COMMITTEE ON TRANSPORTATION AND DEFENSE , report that we have had under consideration Consideration of Messages from the S 1060 and recommend that it do pass. Governor and the Senate SMITH, Chairman February 16, 2011 S 1060 was filed for second reading. Mr. Speaker: I transmit herewith SCR 102, SCR 103, and SJM 101 which February 16, 2011 have passed the Senate. Mr. Speaker: WOOD, Secretary We, your COMMITTEE ON ENVIRONMENT, ENERGY, AND TECHNOLOGY , report that we have had under SCR 102, SCR 103, and SJM 101 were filed for first consideration H 153 and recommend that it do pass. reading. RAYBOULD, Chairman February 16, 2011 H 153 was filed for second reading. Mr. Speaker: I return herewith H 60 which has passed the Senate. February 17, 2011 WOOD, Secretary Mr. Speaker: We, your COMMITTEE ON BUSINESS , report that we H 60 was referred to the Judiciary, Rules, and Administration have had under consideration H 55 and recommend that it do Committee for enrolling. pass. BLACK, Chairman Report of Standing Committees H 55 was filed for second reading. February 17, 2011 Mr. Speaker: February 17, 2011 We, your COMMITTEE ON JUDICIARY, RULES, AND Mr. Speaker: ADMINISTRATION , report that we have printed HP 4, H 168, We, your COMMITTEE ON LOCAL GOVERNMENT , H 169, H 170, H 171, H 172, and H 173 . report that we have had under consideration H 96, H 97, H 110, WILLS, Chairman and H 114 and recommend that they do pass. [February 17, 2011 HOUSE JOURNAL 97

BARRETT, Chairman TITLE, TO PROVIDE LEGISLATIVE INTENT, TO DEFINE TERMS, TO PROVIDE HEALTH CARE PRACTITIONER H 96, H 97, H 110, and H 114 were filed for second reading. TRANSPARENCY REQUIREMENTS AND TO PROVIDE February 16, 2011 FOR VIOLATIONS AND ENFORCEMENT; AND Mr. Speaker: PROVIDING AN EFFECTIVE DATE. We, your COMMITTEE ON TRANSPORTATION AND DEFENSE , report that we have had under consideration HOUSE BILL NO. 177 H 145 and report it back with amendments attached to be placed BY STATE AFFAIRS COMMITTEE on General Orders for consideration. AN ACT SMITH, Chairman RELATING TO COMMUNITY COLLEGES; AMENDING CHAPTER 21, TITLE 33, IDAHO CODE, H 145 was placed on General Orders for consideration. BY THE ADDITION OF A NEW SECTION 33-2104A, IDAHO CODE, TO REQUIRE THAT COMMUNITY February 17, 2011 COLLEGE TRUSTEE SUBDISTRICTS BE FORMED, Mr. Speaker: TO PROVIDE REQUIREMENTS FOR ESTABLISHING We, your COMMITTEE ON LOCAL GOVERNMENT , COMMUNITY COLLEGE TRUSTEE SUBDISTRICTS, TO report that we have had under consideration H 95 and H 99 and PROVIDE DUTIES OF THE BOARD OF TRUSTEES FOR report them back with amendments attached to be placed on ESTABLISHING AND REVISING THE BOUNDARIES General Orders for consideration. OF COMMUNITY COLLEGE TRUSTEE SUBDISTRICTS, BARRETT, Chairman TO PROVIDE DUTIES OF THE COUNTY CLERK H 95 and H 99 were placed on General Orders for FOR COOPERATING IN THE ESTABLISHMENT OF consideration. COMMUNITY COLLEGE TRUSTEE SUBDISTRICTS, TO PROVIDE AUTHORITY TO ESTABLISH MUNICIPAL There being no objection, the House advanced to the Seventh SUBDISTRICTS IN CERTAIN CIRCUMSTANCES AND TO Order of Business. PROVIDE AUTHORITY TO DEFINE THE BOUNDARIES OF SUCH MUNICIPAL SUBDISTRICTS; AND AMENDING Motions, Memorials, and Resolutions SECTION 33-2106, IDAHO CODE, TO REVISE AND TO SCR 102 , by State Affairs Committee, was introduced, read PROVIDE ADDITIONAL PROVISIONS RELATING TO THE the first time by title, and referred to the State Affairs Committee. ELECTION OF TRUSTEES AND TO MAKE TECHNICAL CORRECTIONS. SCR 103 , by Agricultural Affairs Committee, was introduced, read the first time by title, and referred to the HOUSE BILL NO. 178 Agricultural Affairs Committee. BY REVENUE AND TAXATION COMMITTEE AN ACT SJM 101 , by Resources and Environment Committee, RELATING TO THE ISSUANCE OF REVENUE was introduced, read the first time by title, and referred to the BONDS BY POLITICAL SUBDIVISIONS; AMENDING Resources and Conservation Committee. SECTION 50-1029, IDAHO CODE, TO REVISE AND Introduction, First Reading, and Reference ADD DEFINITIONS AND TO MAKE TECHNICAL of Bills and Joint Resolutions CORRECTIONS; AMENDING SECTION 50-1030, IDAHO CODE, TO PROVIDE FOR AUTHORITY TO HOUSE BILL NO. 174 ISSUE AIRPORT REVENUE BONDS TO FINANCE BY STATE AFFAIRS COMMITTEE AIRPORT FACILITIES TO BE HELD BY THE POLITICAL AN ACT SUBDIVISION OF THE STATE OR REGIONAL AIRPORT RELATING TO THE ABANDONMENT OF INTERESTS AUTHORITY AS DEFINED BY LAW AND TO ISSUE IN AND PROCEEDS FROM BUSINESS ASSOCIATIONS; SPECIAL FACILITY BONDS TO FINANCE AIRPORT AMENDING SECTION 14-510, IDAHO CODE, TO REVISE FACILITIES FOR PRIVATE PERSONS, ASSOCIATIONS WHEN ABANDONMENT OCCURS AND TO MAKE AND CORPORATIONS AND TO MAKE TECHNICAL TECHNICAL CORRECTIONS. CORRECTIONS; AMENDING SECTION 50-1035, IDAHO CODE, TO PROVIDE FOR ELECTIONS FOR THE HOUSE BILL NO. 175 ISSUANCE OF REVENUE BONDS FOR ELECTRIC BY STATE AFFAIRS COMMITTEE SYSTEMS AND TO ALLOW FOR ISSUANCE OF AIRPORT AN ACT REVENUE BONDS AND SPECIAL FACILITY BONDS; RELATING TO UNCLAIMED PROPERTY LAW; AND AMENDING SECTION 50-1039, IDAHO CODE, TO AMENDING SECTION 14-523, IDAHO CODE, TO REMOVE PROVIDE THAT SPECIAL FACILITY BONDS ISSUED TO REFERENCE TO TRANSFERS TO THE INHERITANCE TAX FINANCE AIRPORT FACILITIES AND AIR NAVIGATION ACCOUNT; AND AMENDING SECTION 14-525, IDAHO FACILITIES FOR PRIVATE PERSONS, ASSOCIATIONS CODE, TO PROVIDE A CORRECT CODE REFERENCE AND CORPORATIONS SHALL BE SECURED BY A DEED AND TO MAKE A TECHNICAL CORRECTION. OF TRUST, MORTGAGE OR OTHER SECURITY.

HOUSE BILL NO. 176 HOUSE BILL NO. 179 BY STATE AFFAIRS COMMITTEE BY REVENUE AND TAXATION COMMITTEE AN ACT AN ACT RELATING TO THE HEALTH CARE PROFESSIONAL RELATING TO UNAUTHORIZED INSURERS AND TRANSPARENCY ACT; AMENDING TITLE 48, IDAHO SURPLUS LINES; AMENDING SECTION 41-1212, IDAHO CODE, BY THE ADDITION OF A NEW CHAPTER CODE, TO PROVIDE THAT CERTAIN CODE SECTIONS 17, TITLE 48, IDAHO CODE, TO PROVIDE A SHORT APPLY ONLY WHEN THE INSURED'S HOME STATE IS 98 HOUSE JOURNAL February 17, 2011]

IDAHO AND TO MAKE A TECHNICAL CORRECTION; NAYS – Andrus, Barbieri, Barrett, Bedke, Bell, Block, AMENDING SECTION 41-1213, IDAHO CODE, TO Bolz, Boyle, Collins, Eskridge, Gibbs(Wheeler), Hagedorn, Hart, DEFINE TERMS AND TO REVISE DEFINITIONS; Hartgen, Harwood, Lake, Loertscher, Luker, Marriott, McMillan, AMENDING SECTION 41-1214, IDAHO CODE, TO Nesset, Nielsen, Palmer, Roberts, Schaefer, Shepherd, Simpson, PROVIDE THAT A CERTAIN SEARCH REQUIREMENT Smith(24), Stevenson, Thayn, Thompson, Vander Woude, IS NOT REQUIRED IN CERTAIN CIRCUMSTANCES, TO Wood(27), Wood(35), Mr. Speaker. Total – 35. PROVIDE RECORD MAINTENANCE REQUIREMENTS, Absent and excused – Black. Total – 1. TO PROVIDE RESTRICTIONS RELATING TO INSURERS Total – 70. WITH WHICH SURPLUS LINE BROKERS MAY INSURE, TO GRANT THE DIRECTOR CERTAIN RULEMAKING Whereupon the Speaker declared that H 111 failed to pass the AUTHORITY AND TO PROVIDE A PENALTY; AMENDING House and ordered the bill filed in the office of the Chief Clerk. SECTION 41-1223, IDAHO CODE, TO GRANT THE DIRECTOR THE AUTHORITY TO PARTICIPATE IN A Mr. Moyle asked unanimous consent that the remaining CERTAIN DATABASE AND TO MAKE A TECHNICAL bills on the Third Reading Calendar retain their places for one CORRECTION; AMENDING SECTION 41-1229, IDAHO legislative day. There being no objection, it was so ordered. CODE, TO REVISE PROVISIONS RELATING TO A TAX There being no objection, the House advanced to the ON SURPLUS LINES; AND PROVIDING AN EFFECTIVE Sixteenth Order of Business. DATE. H 174, H 175, H 176, H 177, H 178, and H 179 were Adjournment introduced, read the first time by title, and referred to the Mr. Moyle moved that the House adjourn until 10 a.m., Judiciary, Rules, and Administration Committee for printing. Friday, February 18, 2011. Seconded by Mr. Rusche. Motion There being no objection, the House advanced to the Tenth carried. Order of Business. Whereupon the Speaker declared the House adjourned at Second Reading of Bills and Joint Resolutions 1:04 p.m. LAWERENCE DENNEY, Speaker H 79 and H 80 , by Commerce and Human Resources Committee, were read the second time by title and filed for third ATTEST: reading. BONNIE ALEXANDER, Chief Clerk H 142, H 52, H 53, H 54, H 56, and HJM 2 , by Resources and Conservation Committee, were read the second time by title and filed for third reading. H 119, H 121, and H 139 , by Judiciary Rules and Administration Committee, were read the second time by title and filed for third reading. S 1008, S 1009, S 1014, S 1029, S 1030, and S 1031 , by Judiciary and Rules Committee, were read the second time by title and filed for third reading. Third Reading of Bills and Joint Resolutions H 111 was read the third time at length, section by section, and placed before the House for final consideration. At this time, the Speaker recognized Ms. Sims and Mr. Burgoyne to open debate. Mr. Roberts moved that H 111 be placed on General Orders for consideration. Seconded by Mr. Luker. Mr. Roberts asked unanimous consent to withdraw the motion to place H 111 on General Orders. There being no objection it was so ordered. Pursuant to Rule 34, Mr. Rusche moved the previous question. Seconded by Mr. Killen. Motion carried. The question being, "Shall H 111 pass?"

Roll call resulted as follows: AYES – Anderson, Bateman, Bayer, Bilbao, Buckner-Webb, Burgoyne, Chadderdon(Chadderdon), Chew, Crane, Cronin, DeMordaunt, Ellsworth, Guthrie, Henderson, Higgins, Jaquet, Killen, King, Lacey, McGeachin, Moyle, Nonini, Patrick, Pence, Perry, Raybould, Ringo, Rusche, Shirley, Sims, Smith(30), Takasugi(Batt), Trail, Wills. Total – 34. [February 18, 2011 HOUSE JOURNAL 99

HOUSE JOURNAL H 174, H 175, and H 177 were referred to the State Affairs Committee. OF THE H 176 was referred to the Commerce and Human Resources IDAHO LEGISLATURE Committee. H 178 was referred to the Revenue and Taxation Committee. FIRST REGULAR SESSION H 179 was referred to the Business Committee. SIXTY-FIRST LEGISLATURE February 18, 2011 Mr. Speaker: We, your COMMITTEE ON JUDICIARY, RULES, AND FORTIETH LEGISLATIVE DAY ADMINISTRATION, report that we have enrolled H 60. FRIDAY, FEBRUARY 18, 2011 WILLS, Chairman The Speaker announced he was about to sign enrolled H 60 and, when so signed, ordered it transmitted to the Senate House of Representatives for the signature of the President. The House convened at 10 a.m., the Speaker in the Chair. Roll call showed 63 members present. February 17, 2011 Absent and excused – Anderson, Hagedorn, Hart, Mr. Speaker: Henderson, Loertscher, Nielsen, Smith(24). Total – 7. We, your COMMITTEE ON JUDICIARY, RULES, Total – 70. AND ADMINISTRATION, report that we have had under consideration H 140, S 1010, S 1012, S 1045, and S 1056 and Prayer was offered by Chaplain Tom Dougherty. recommend that they do pass. WILLS, Chairman The Pledge of Allegiance was led by Sage Lake, Page. H 140, S 1010, S 1012, S 1045, and S 1056 were filed for Approval of Journal second reading. February 18, 2011 Mr. Speaker: February 17, 2011 We, your COMMITTEE ON JUDICIARY, RULES, AND Mr. Speaker: ADMINISTRATION, report that we have read and approved We, your COMMITTEE ON RESOURCES AND the House Journal of the Thirty-ninth Legislative Day and CONSERVATION, report that we have had under consideration recommend that same be adopted as corrected. H 84, H 135, and H 143 and recommend that they do pass. WILLS, Chairman STEVENSON, Chairman Mr. Wills moved that the report be adopted. Seconded by H 84, H 135, and H 143 were filed for second reading. Mr. Burgoyne. Report adopted. Consideration of Messages from the Governor and the Senate February 17, 2011 Mr. Speaker: February 17, 2011 We, your COMMITTEE ON EDUCATION, report that Mr. Speaker: we have had under consideration H 104 and report it back I transmit herewith S 1059, S 1061, S 1062, and with amendments attached to be placed on General Orders for S 1058 which have passed the Senate. consideration. WOOD, Secretary NONINI, Chairman S 1059, S 1061, S 1062, and S 1058 were filed for first H 104 was placed on General Orders for consideration. reading. There being no objection, the House advanced to the Seventh February 17, 2011 Order of Business. Mr. Speaker: I return herewith H 34, H 61, H 67, and H 68 which have passed the Senate. Motions, Memorials, and Resolutions WOOD, Secretary House of Representatives H 34, H 61, H 67, and H 68 were referred to the Judiciary, State of Idaho Rules, and Administration Committee for enrolling. February 16, 2011 Report of Standing Committees The Honorable John A. "Bert" Stevenson, Chairman February 18, 2011 Resources and Conservation Committee Mr. Speaker: We, your COMMITTEE ON JUDICIARY, RULES, AND Dear Representative Stevenson: ADMINISTRATION, report that we have printed H 174, H 175, H 176, H 177, H 178, and H 179. I hereby designate the Resources and Conservation WILLS, Chairman Committee a privileged committee on Thursday, 100 HOUSE JOURNAL February 18, 2011]

February 17, 2011, for the purpose of introducing RS 20426 HCR 10 and HCR 11 were introduced, read the first time (HCR 11) and RS 20427 (HCR 10). by title, and referred to the Judiciary, Rules, and Administration Committee for printing. Sincerely, /s/ Lawerence Denney Introduction, First Reading, and Reference Speaker of the House of Bills and Joint Resolutions

The letter was ordered filed in the office of the Chief Clerk. House of Representatives State of Idaho

HOUSE CONCURRENT RESOLUTION NO. 10 February 15, 2011 BY RESOURCES AND CONSERVATION COMMITTEE A CONCURRENT RESOLUTION The Honorable Max C. Black, Chairman STATING FINDINGS OF THE LEGISLATURE AND Business Committee REJECTING CERTAIN RULES OF THE DEPARTMENT OF LANDS RELATING TO SELLING FOREST PRODUCTS ON Dear Representative Black: STATE OWNED ENDOWMENT LANDS. I hereby designate the Business Committee a privileged Be It Resolved by the Legislature of the State of Idaho: committee on Thursday, February 17, 2011, for the purpose of introducing RS 20412 (H 181). WHEREAS, the Legislature is vested with authority to reject Sincerely, executive agency rules under the provisions of Section 67-5291, /s/ Lawerence Denney Idaho Code, in the event that the Legislature finds that the rules Speaker of the House are not consistent with legislative intent; and WHEREAS, it is the finding of the Legislature that certain The letter was ordered filed in the office of the Chief Clerk. rules of the Department of Lands relating to Selling Forest Products on State Owned Endowment Lands are not consistent HOUSE BILL NO. 180 with legislative intent and should be rejected. BY EDUCATION COMMITTEE NOW, THEREFORE, BE IT RESOLVED by the members AN ACT of the First Regular Session of the Sixty-first Idaho Legislature, RELATING TO PUBLIC LIBRARIES; AMENDING the House of Representatives and the Senate concurring therein, CHAPTER 27, TITLE 33, IDAHO CODE, BY THE that IDAPA 20.02.14, Department of Lands Rules Governing ADDITION OF A NEW SECTION 33-2741, IDAHO CODE, Selling Forest Products on State Owned Endowment Lands, TO PROVIDE PROVISIONS RELATING TO PUBLIC Section 010, Definitions, Subsection 16, the definition of "Public LIBRARIES AND INTERNET USE POLICY, TO PROVIDE Auction," and Section 023, Delivered Product Sales, only, THAT PUBLIC MONEYS SHALL NOT BE PROVIDED adopted as pending rules under Docket Number 20-0214-1001, TO CERTAIN PUBLIC LIBRARIES UNLESS SUCH be, and the same are hereby rejected and declared null, void and LIBRARY HAS IN PLACE A POLICY OF INTERNET of no force and effect. SAFETY AND IS ENFORCING THE OPERATION OF CERTAIN TECHNOLOGY PROTECTION MEASURES, TO HOUSE CONCURRENT RESOLUTION NO. 11 PROVIDE THAT THIS SECTION SHALL NOT PROHIBIT A BY RESOURCES AND CONSERVATION COMMITTEE PUBLIC LIBRARY FROM LIMITING INTERNET ACCESS A CONCURRENT RESOLUTION OR OTHERWISE PROTECTING AGAINST MATERIAL STATING FINDINGS OF THE LEGISLATURE AND OTHER THAN MATERIAL SPECIFIED IN THIS SECTION, REJECTING A CERTAIN PENDING RULE DOCKET OF THE TO PROVIDE FOR DISABLING A TECHNOLOGY IDAHO DEPARTMENT OF FISH AND GAME RELATING PROTECTION MEASURE, TO PROVIDE PROVISIONS TO RULES GOVERNING THE TAKING OF GAME BIRDS RELATING TO ADOPTION OF A POLICY, TO PROVIDE IN THE STATE OF IDAHO. FOR NOTICE, TO PROVIDE PROVISIONS RELATING TO REQUIREMENTS OF THE POLICY, TO PROVIDE Be It Resolved by the Legislature of the State of Idaho: DEFINITIONS AND TO PROVIDE FOR A LIMITATION OF THIS SECTION. WHEREAS, the Legislature is vested with authority to reject executive agency rules under the provisions of Section 67-5291, HOUSE BILL NO. 181 Idaho Code, in the event that the Legislature finds that the rules BY BUSINESS COMMITTEE are not consistent with legislative intent; and AN ACT WHEREAS, it is the finding of the Legislature that a certain RELATING TO THE IDAHO SMALL BUSINESS pending rule docket of the Idaho Department of Fish and Game FEDERAL FUNDING ASSISTANCE ACT; PROVIDING relating to Rules Governing the Taking of Game Birds in the State LEGISLATIVE INTENT AND A SHORT TITLE; AMENDING of Idaho is not consistent with legislative intent and should be CHAPTER 47, TITLE 67, IDAHO CODE, BY THE ADDITION rejected. OF A NEW SECTION 67-4723A, IDAHO CODE, TO NOW, THEREFORE, BE IT RESOLVED by the members DEFINE TERMS, TO PROVIDE A PROGRAM FOR of the First Regular Session of the Sixty-first Idaho Legislature, THE AWARDING OF REIMBURSEMENT GRANTS TO the House of Representatives and the Senate concurring therein, COMPANIES SEEKING FEDERAL FUNDING AND TO that IDAPA 13.01.09, Idaho Department of Fish and Game PROVIDE CRITERIA FOR THE AWARDING OF FUNDING. Rules Governing the Taking of Game Birds in the State of Idaho, adopted as a pending rule under Docket Number 13-0109-1001, H 180 and H 181 were introduced, read the first time by the entire rulemaking docket, be, and the same is hereby rejected title, and referred to the Judiciary, Rules, and Administration and declared null, void and of no force and effect. Committee for printing. [February 18, 2011 HOUSE JOURNAL 101

S 1059, S 1061, and S 1062, by Transportation Committee, Roll call resulted as follows: were introduced, read the first time by title, and referred to the AYES – Andrus, Barbieri, Barrett, Bateman, Bayer, Bedke, Transportation and Defense Committee. Bell, Bilbao, Black, Block, Bolz, Boyle, Buckner-Webb, Burgoyne, Chadderdon(Chadderdon), Chew, Collins, Cronin, S 1058, by Health and Welfare Committee, was introduced, DeMordaunt, Ellsworth, Eskridge, Gibbs(Wheeler), Guthrie, read the first time by title, and referred to the Environment, Hartgen, Harwood, Higgins, Jaquet, Killen, King, Lacey, Energy, and Technology Committee. Lake, Luker, Marriott, McGeachin, McMillan, Moyle, Nesset, There being no objection, the House advanced to the Tenth Nonini, Patrick, Pence, Perry, Raybould, Roberts, Rusche, Order of Business. Shepherd, Shirley, Simpson, Sims, Smith(30), Stevenson, Thayn, Thompson, Trail, Vander Woude, Wood(27), Wood(35), Mr. Speaker. Total – 57. Second Reading of Bills and Joint Resolutions NAYS – None. Absent and excused – Anderson, Crane, Hagedorn, Hart, HP 4, by State Affairs Committee, was read the second time Henderson, Loertscher, Nielsen, Palmer, Ringo, Schaefer, by title and filed for third reading. Smith(24), Takasugi(Batt), Wills. Total – 13. S 1006 and S 1007, by State Affairs Committee, were read Total – 70. the second time by title and filed for third reading. Whereupon the Speaker Pro Tem declared that H 38 passed S 1060, by Transportation Committee, was read the second the House. Title was approved and the bill ordered transmitted to time by title and filed for third reading. the Senate. H 153, by Environment, Energy, and Technology Committee, Mr. Bedke asked unanimous consent that H 39 retain its place was read the second time by title and filed for third reading. on the Third Reading Calendar until Monday, February 21, 2011. There being no objection, it was so ordered. H 55, by Business Committee, was read the second time by title and filed for third reading. H 112 was read the third time at length, section by section, and placed before the House for final consideration. H 96, H 97, H 110, and H 114, by Local Government Committee, were read the second time by title and filed for third At this time, the Speaker Pro Tem recognized Mr. Collins to reading. open debate. The question being, "Shall H 112 pass?" Third Reading of Bills and Joint Resolutions At this time, Mr. Moyle took the Chair. Roll call resulted as follows: AYES – Andrus, Barbieri, Barrett, Bateman, Bayer, Bedke, HCR 6 was read the third time at length and placed before Bell, Bilbao, Black, Block, Bolz, Boyle, Buckner-Webb, the House for final consideration. Burgoyne, Chadderdon(Chadderdon), Chew, Collins, Cronin, DeMordaunt, Ellsworth, Eskridge, Gibbs(Wheeler), Guthrie, At this time, the Speaker Pro Tem recognized Mr. Wills to Hartgen, Harwood, Higgins, Jaquet, Killen, King, Lacey, Lake, open debate. Luker, Marriott, McGeachin, McMillan, Moyle, Nesset, Nonini, The question being, "Shall HCR 6 be adopted?" Patrick, Pence, Perry, Raybould, Roberts, Rusche, Schaefer, Shepherd, Shirley, Simpson, Sims, Smith(30), Stevenson, Roll call resulted as follows: Thayn, Thompson, Trail, Vander Woude, Wood(27), Wood(35), AYES – Andrus, Barbieri, Barrett, Bateman, Bayer, Bedke, Mr. Speaker. Total – 58. Bell, Bilbao, Black, Block, Bolz, Boyle, Buckner-Webb, NAYS – None. Burgoyne, Chadderdon(Chadderdon), Chew, Collins, Cronin, Absent and excused – Anderson, Crane, Hagedorn, Hart, DeMordaunt, Ellsworth, Eskridge, Gibbs(Wheeler), Guthrie, Henderson, Loertscher, Nielsen, Palmer, Ringo, Smith(24), Hartgen, Harwood, Higgins, Jaquet, Killen, King, Lacey, Luker, Takasugi(Batt), Wills. Total – 12. Marriott, McGeachin, McMillan, Moyle, Nesset, Nonini, Patrick, Total – 70. Pence, Perry, Raybould, Roberts, Rusche, Shepherd, Shirley, Whereupon the Speaker Pro Tem declared that H 112 passed Simpson, Sims, Smith(30), Stevenson, Thayn, Thompson, Trail, the House. Title was approved and the bill ordered transmitted to Vander Woude, Wills, Wood(27), Wood(35), Mr. Speaker. the Senate. Total – 57. NAYS – None. HCR 7 was read the third time at length and placed before Absent and excused – Anderson, Crane, Hagedorn, Hart, the House for final consideration. Henderson, Lake, Loertscher, Nielsen, Palmer, Ringo, Schaefer, Smith(24), Takasugi(Batt). Total – 13. At this time, the Speaker Pro Tem recognized Mrs. Bell to Total – 70. open debate. Whereupon the Speaker Pro Tem declared HCR 6 adopted The question being, "Shall HCR 7 be adopted?" and ordered the resolution transmitted to the Senate. Roll call resulted as follows: H 38 was read the third time at length, section by section, AYES – Andrus, Barbieri, Barrett, Bateman, Bayer, Bedke, and placed before the House for final consideration. Bell, Bilbao, Black, Block, Bolz, Boyle, Buckner-Webb, At this time, the Speaker Pro Tem recognized Ms. Pence to Burgoyne, Chadderdon(Chadderdon), Chew, Collins, Cronin, open debate. DeMordaunt, Ellsworth, Eskridge, Gibbs(Wheeler), Guthrie, Hartgen, Harwood, Higgins, Jaquet, Killen, King, Lacey, The question being, "Shall H 38 pass?" Lake, Luker, Marriott, McGeachin, McMillan, Moyle, Nesset, 102 HOUSE JOURNAL February 18, 2011]

Nonini, Patrick, Pence, Perry, Raybould, Ringo, Roberts, HP 3 was read the third time at length and placed before the Rusche, Schaefer, Shepherd, Shirley, Simpson, Sims, Smith(30), House for final consideration. Stevenson, Thayn, Thompson, Trail, Vander Woude, Wood(27), Wood(35), Mr. Speaker. Total – 59. At this time, the Speaker Pro Tem recognized Mr. Rusche NAYS – None. and Mr. Nesset to open debate. Absent and excused – Anderson, Crane, Hagedorn, The question being, "Shall HP 3 be adopted?" Hart, Henderson, Loertscher, Nielsen, Palmer, Smith(24), Takasugi(Batt), Wills. Total – 11. Whereupon the Speaker Pro Tem declared HP 3 adopted Total – 70. by voice vote and ordered the proclamation transmitted to the Senate. Whereupon the Speaker Pro Tem declared HCR 7 adopted and ordered the resolution transmitted to the Senate. H 124 was read the third time at length, section by section, HCR 8 was read the third time at length and placed before and placed before the House for final consideration. the House for final consideration. At this time, the Speaker Pro Tem recognized Mr. Roberts to At this time, the Speaker Pro Tem recognized Mr. Rusche open debate. and Mr. Nesset to open debate. The question being, "Shall H 124 pass?" The question being, "Shall HCR 8 be adopted?" Whereupon the Speaker Pro Tem declared HCR 8 adopted Roll call resulted as follows: by voice vote and ordered the resolution transmitted to the Senate. AYES – Andrus, Barbieri, Barrett, Bateman, Bayer, Bedke, Bell, Bilbao, Black, Block, Bolz, Boyle, Buckner-Webb, Burgoyne, Chadderdon(Chadderdon), Chew, Collins, Cronin, H 155 was read the third time at length, section by section, DeMordaunt, Ellsworth, Eskridge, Gibbs(Wheeler), Guthrie, and placed before the House for final consideration. Hartgen, Harwood, Higgins, Jaquet, Killen, King, Lacey, Lake, Luker, Marriott, McGeachin, McMillan, Moyle, Nesset, Nonini, At this time, the Speaker Pro Tem recognized Ms. Boyle to Palmer, Patrick, Pence, Perry, Raybould, Ringo, Roberts, open debate. Rusche, Schaefer, Shepherd, Shirley, Simpson, Sims, Smith(30), Stevenson, Thayn, Thompson, Trail, Vander Woude, Wood(27), The question being, "Shall H 155 pass?" Wood(35). Total – 59. NAYS – None. Roll call resulted as follows: Absent and excused – Anderson, Crane, Hagedorn, Hart, AYES – Andrus, Barbieri, Barrett, Bateman, Bayer, Bedke, Henderson, Loertscher, Nielsen, Smith(24), Takasugi(Batt), Bell, Bilbao, Black, Block, Bolz, Boyle, Buckner-Webb, Wills, Mr. Speaker. Total – 11. Burgoyne, Chadderdon(Chadderdon), Chew, Collins, Crane, Total – 70. Cronin, DeMordaunt, Ellsworth, Eskridge, Gibbs(Wheeler), Guthrie, Hartgen, Harwood, Higgins, Jaquet, Killen, King, Whereupon the Speaker Pro Tem declared that H 124 passed Lacey, Lake, Luker, Marriott, McGeachin, McMillan, Moyle, the House. Title was approved and the bill ordered transmitted to Nesset, Nonini, Palmer, Patrick, Pence, Perry, Raybould, Ringo, the Senate. Roberts, Rusche, Schaefer, Shepherd, Shirley, Simpson, Sims, Smith(30), Stevenson, Takasugi(Batt), Thayn, Thompson, Trail, S 1052 was read the third time at length, section by section, Vander Woude, Wood(27), Wood(35), Mr. Speaker. Total – 62. and placed before the House for final consideration. NAYS – None. Absent and excused – Anderson, Hagedorn, Hart, At this time, the Speaker Pro Tem recognized Mrs. Wood(35) Henderson, Loertscher, Nielsen, Smith(24), Wills. Total – 8. to open debate. Total – 70. The question being, "Shall S 1052 pass?" Whereupon the Speaker Pro Tem declared that H 155 passed the House. Title was approved and the bill ordered transmitted to Roll call resulted as follows: the Senate. AYES – Andrus, Barbieri, Barrett, Bateman, Bayer, Bedke, Bell, Bilbao, Black, Block, Bolz, Boyle, Buckner-Webb, S 1011 was read the third time at length, section by section, Burgoyne, Chadderdon(Chadderdon), Chew, Collins, Crane, and placed before the House for final consideration. Cronin, DeMordaunt, Ellsworth, Eskridge, Gibbs(Wheeler), Guthrie, Hartgen, Harwood, Higgins, Jaquet, Killen, King, At this time, the Speaker Pro Tem recognized Ms. Ellsworth Lacey, Lake, Luker, Marriott, McGeachin, McMillan, Moyle, to open debate. Nesset, Nonini, Palmer, Patrick, Pence, Perry, Raybould, Ringo, Roberts, Rusche, Schaefer, Shepherd, Shirley, Simpson, Sims, The question being, "Shall S 1011 pass?" Smith(30), Stevenson, Takasugi(Batt), Thayn, Thompson, Trail, Vander Woude, Wood(27), Wood(35), Mr. Speaker. Total – 62. Roll call resulted as follows: NAYS – None. AYES – Andrus, Barbieri, Barrett, Bateman, Bayer, Bedke, Absent and excused – Anderson, Hagedorn, Hart, Bell, Bilbao, Black, Block, Bolz, Boyle, Buckner-Webb, Henderson, Loertscher, Nielsen, Smith(24), Wills. Total – 8. Burgoyne, Chadderdon(Chadderdon), Chew, Collins, Crane, Total – 70. Cronin, DeMordaunt, Ellsworth, Eskridge, Gibbs(Wheeler), Guthrie, Hartgen, Harwood, Higgins, Jaquet, Killen, King, Whereupon the Speaker Pro Tem declared that S 1052 passed Lacey, Lake, Luker, Marriott, McGeachin, McMillan, Moyle, the House. Title was approved and the bill ordered returned to the Nesset, Nonini, Palmer, Patrick, Pence, Perry, Raybould, Ringo, Senate. Roberts, Rusche, Schaefer, Shepherd, Shirley, Simpson, Sims, [February 18, 2011 HOUSE JOURNAL 103

Smith(30), Stevenson, Takasugi(Batt), Thayn, Thompson, Trail, H 80 was read the third time at length, section by section, Vander Woude, Wood(27), Wood(35), Mr. Speaker. Total – 62. and placed before the House for final consideration. NAYS – None. Absent and excused – Anderson, Hagedorn, Hart, At this time, the Speaker Pro Tem recognized Mr. Thayn to Henderson, Loertscher, Nielsen, Smith(24), Wills. Total – 8. open debate. Total – 70. The question being, "Shall H 80 pass?" Whereupon the Speaker Pro Tem declared that S 1011 passed the House. Title was approved and the bill ordered returned to the Roll call resulted as follows: Senate. AYES – Andrus, Barbieri, Bateman, Bayer, Bedke, Bell, Bilbao, Black, Block, Bolz, Boyle, Chadderdon(Chadderdon), H 101 was read the third time at length, section by section, Chew, Collins, Crane, Cronin, DeMordaunt, Ellsworth, and placed before the House for final consideration. Eskridge, Gibbs(Wheeler), Guthrie, Hartgen, Harwood, Higgins, King, Lake, Luker, Marriott, McGeachin, McMillan, Moyle, At this time, the Speaker Pro Tem recognized Mr. Lake to Nesset, Nonini, Palmer, Patrick, Pence, Perry, Raybould, open debate. Ringo, Roberts, Schaefer, Shepherd, Shirley, Simpson, Sims, Smith(30), Stevenson, Takasugi(Batt), Thayn, Thompson, Trail, The question being, "Shall H 101 pass?" Vander Woude, Wood(27), Wood(35), Mr. Speaker. Total – 55. NAYS – Barrett, Buckner-Webb, Burgoyne, Jaquet, Killen, Roll call resulted as follows: Lacey, Rusche. Total – 7. AYES – Andrus, Barrett, Bateman, Bayer, Bedke, Bell, Absent and excused – Anderson, Hagedorn, Hart, Bilbao, Black, Block, Bolz, Buckner-Webb, Burgoyne, Henderson, Loertscher, Nielsen, Smith(24), Wills. Total – 8. Chadderdon(Chadderdon), Chew, Collins, Crane, Cronin, Total – 70. Ellsworth, Eskridge, Gibbs(Wheeler), Guthrie, Hartgen, Higgins, Jaquet, Killen, King, Lacey, Lake, Luker, Marriott, McGeachin, Whereupon the Speaker Pro Tem declared that H 80 passed McMillan, Nesset, Patrick, Pence, Perry, Raybould, Ringo, the House. Title was approved and the bill ordered transmitted to Roberts, Rusche, Schaefer, Simpson, Smith(30), Stevenson, the Senate. Takasugi(Batt), Thayn, Thompson, Trail, Vander Woude, Wood(27), Wood(35). Total – 51. H 142 was read the third time at length, section by section, NAYS – Barbieri, Boyle, DeMordaunt, Harwood, Moyle, and placed before the House for final consideration. Nonini, Palmer, Shepherd, Sims, Mr. Speaker. Total – 10. Absent and excused – Anderson, Hagedorn, Hart, At this time, the Speaker Pro Tem recognized Mr. Eskridge Henderson, Loertscher, Nielsen, Shirley, Smith(24), Wills. to open debate. Total – 9. Total – 70. The question being, "Shall H 142 pass?" Whereupon the Speaker Pro Tem declared that H 101 passed Roll call resulted as follows: the House. Title was approved and the bill ordered transmitted to AYES – Andrus, Barbieri, Barrett, Bateman, Bayer, Bedke, the Senate. Bell, Bilbao, Black, Block, Bolz, Boyle, Buckner-Webb, Burgoyne, Chadderdon(Chadderdon), Chew, Collins, Crane, H 79 was read the third time at length, section by section, Cronin, DeMordaunt, Ellsworth, Eskridge, Gibbs(Wheeler), and placed before the House for final consideration. Guthrie, Hartgen, Harwood, Higgins, Killen, King, Lacey, Lake, Luker, Marriott, McMillan, Moyle, Nesset, Nonini, At this time, the Speaker Pro Tem recognized Mr. Lake to Palmer, Patrick, Pence, Perry, Raybould, Ringo, Roberts, open debate. Rusche, Schaefer, Shepherd, Shirley, Simpson, Sims, Smith(30), Stevenson, Takasugi(Batt), Thayn, Thompson, Trail, The question being, "Shall H 79 pass?" Vander Woude, Wood(27), Wood(35), Mr. Speaker. Total – 60. NAYS – None. Roll call resulted as follows: Absent and excused – Anderson, Hagedorn, Hart, AYES – Andrus, Barbieri, Barrett, Bateman, Bayer, Bedke, Henderson, Jaquet, Loertscher, McGeachin, Nielsen, Smith(24), Bell, Bilbao, Black, Block, Bolz, Boyle, Buckner-Webb, Wills. Total – 10. Burgoyne, Chadderdon(Chadderdon), Chew, Collins, Crane, Total – 70. Cronin, DeMordaunt, Ellsworth, Eskridge, Gibbs(Wheeler), Guthrie, Hartgen, Harwood, Higgins, Killen, King, Lacey, Lake, Whereupon the Speaker Pro Tem declared that H 142 passed Luker, Marriott, McGeachin, McMillan, Moyle, Nesset, Nonini, the House. Title was approved and the bill ordered transmitted to Palmer, Patrick, Pence, Perry, Raybould, Ringo, Roberts, Rusche, the Senate. Schaefer, Shepherd, Simpson, Sims, Smith(30), Stevenson, Takasugi(Batt), Thayn, Thompson, Trail, Vander Woude, H 52 was read the third time at length, section by section, Wood(27), Wood(35), Mr. Speaker. Total – 60. and placed before the House for final consideration. NAYS – None. Absent and excused – Anderson, Hagedorn, Hart, At this time, the Speaker Pro Tem recognized Mr. Eskridge Henderson, Jaquet, Loertscher, Nielsen, Shirley, Smith(24), to open debate. Wills. Total – 10. Total – 70. The question being, "Shall H 52 pass?" Whereupon the Speaker Pro Tem declared that H 79 passed Roll call resulted as follows: the House. Title was approved and the bill ordered transmitted to AYES – Andrus, Barbieri, Barrett, Bateman, Bayer, Bedke, the Senate. Bell, Bilbao, Black, Block, Bolz, Boyle, Buckner-Webb, 104 HOUSE JOURNAL February 18, 2011]

Burgoyne, Chadderdon(Chadderdon), Chew, Collins, Crane, Absent and excused – Anderson, Hagedorn, Hart, Cronin, DeMordaunt, Ellsworth, Eskridge, Gibbs(Wheeler), Henderson, Loertscher, Nielsen, Shirley, Smith(24), Wills, Guthrie, Hartgen, Harwood, Higgins, Jaquet, Killen, King, Mr. Speaker. Total – 10. Lacey, Lake, Luker, Marriott, McGeachin, McMillan, Moyle, Total – 70. Nesset, Nonini, Palmer, Patrick, Pence, Perry, Raybould, Ringo, Roberts, Rusche, Schaefer, Shepherd, Simpson, Sims, Whereupon the Speaker Pro Tem declared that H 54 passed Smith(30), Stevenson, Takasugi(Batt), Thayn, Thompson, Trail, the House. Title was approved and the bill ordered transmitted to Vander Woude, Wood(27), Wood(35). Total – 60. the Senate. NAYS – None. Absent and excused – Anderson, Hagedorn, Hart, Mr. Bedke asked unanimous consent that the remaining bills Henderson, Loertscher, Nielsen, Shirley, Smith(24), Wills, on the Third Reading Calendar retain their places until Monday, Mr. Speaker. Total – 10. February 21, 2011. There being no objection, it was so ordered. Total – 70. There being no objection, the House advanced to the Whereupon the Speaker Pro Tem declared that H 52 passed Sixteenth Order of Business. the House. Title was approved and the bill ordered transmitted to Adjournment the Senate. Mr. Bedke moved that the House adjourn until 10 a.m., H 53 was read the third time at length, section by section, Monday, February 21, 2011. Seconded by Mr. Rusche. Motion and placed before the House for final consideration. carried. At this time, the Speaker Pro Tem recognized Mr. Bedke to Whereupon the Speaker Pro Tem declared the House open debate. adjourned at 11:29 a.m. The question being, "Shall H 53 pass?" LAWERENCE DENNEY, Speaker ATTEST: Roll call resulted as follows: BONNIE ALEXANDER, Chief Clerk AYES – Andrus, Barbieri, Barrett, Bateman, Bayer, Bedke, Bell, Bilbao, Black, Block, Bolz, Boyle, Buckner-Webb, Burgoyne, Chadderdon(Chadderdon), Chew, Collins, Crane, Cronin, DeMordaunt, Ellsworth, Eskridge, Gibbs(Wheeler), Guthrie, Hartgen, Harwood, Higgins, Jaquet, Killen, King, Lacey, Lake, Luker, Marriott, McGeachin, McMillan, Moyle, Nesset, Nonini, Palmer, Patrick, Pence, Perry, Raybould, Ringo, Roberts, Rusche, Schaefer, Shepherd, Simpson, Sims, Smith(30), Stevenson, Takasugi(Batt), Thayn, Thompson, Trail, Vander Woude, Wood(27), Wood(35). Total – 60. NAYS – None. Absent and excused – Anderson, Hagedorn, Hart, Henderson, Loertscher, Nielsen, Shirley, Smith(24), Wills, Mr. Speaker. Total – 10. Total – 70. Whereupon the Speaker Pro Tem declared that H 53 passed the House. Title was approved and the bill ordered transmitted to the Senate. H 54 was read the third time at length, section by section, and placed before the House for final consideration. At this time, the Speaker Pro Tem recognized Mr. Wood(27) to open debate. The question being, "Shall H 54 pass?"

HOUSE JOURNAL Enrolled H 27 and H 13 were referred to the Judiciary, Rules, and Administration Committee for delivery to the Governor. OF THE February 18, 2011 Mr. Speaker: IDAHO LEGISLATURE I transmit herewith S 1057, as amended, S 1079, S 1073, S 1053, as amended, and S 1044, as amended, which have passed FIRST REGULAR SESSION the Senate. SIXTY-FIRST LEGISLATURE WOOD, Secretary S 1057, as amended, S 1079, S 1073, S 1053, as amended, and S 1044, as amended, were filed for first reading. February 18, 2011 FORTY-THIRD LEGISLATIVE DAY Mr. Speaker: MONDAY, FEBRUARY 21, 2011 I return herewith H 70, H 71, H 72, H 74, H 89, H 90, and H 45 which have passed the Senate. WOOD, Secretary House of Representatives H 70, H 71, H 72, H 74, H 89, H 90, and H 45 were The House convened at 10 a.m., the Speaker in the Chair. referred to the Judiciary, Rules, and Administration Committee Roll call showed 69 members present. for enrolling. Absent and excused – McGeachin. Total – 1. Report of Standing Committees Total – 70. Prayer was offered by Chaplain Tom Dougherty. February 21, 2011 The Pledge of Allegiance was led by Cara Pantone, Page. Mr. Speaker: We, your COMMITTEE ON JUDICIARY, RULES, AND Approval of Journal ADMINISTRATION, report that we have printed HCR 10, February 21, 2011 HCR 11, H 180, and H 181. Mr. Speaker: WILLS, Chairman We, your COMMITTEE ON JUDICIARY, RULES, AND HCR 10 and HCR 11 were filed for second reading. ADMINISTRATION, report that we have read and approved the House Journal of the Fortieth Legislative Day and recommend H 180 was referred to the Education Committee. that same be adopted as corrected. WILLS, Chairman H 181 was referred to the Business Committee. Mr. Wills moved that the report be adopted. Seconded by Mr. Burgoyne. Report adopted. February 21, 2011 Mr. Speaker: Consideration of Messages from the We, your COMMITTEE ON JUDICIARY, RULES, AND Governor and the Senate ADMINISTRATION, report that we have enrolled H 34, H 61, H 67, and H 68. OFFICE OF THE GOVERNOR WILLS, Chairman Boise The Speaker announced he was about to sign enrolled H 34, February 18, 2011 H 61, H 67, and H 68 and, when so signed, ordered them The Honorable Lawerence Denney transmitted to the Senate for the signature of the President. Speaker of the House February 16, 2011 Dear Mr. Speaker: Mr. Speaker: I have the honor to advise you that I have signed today and We, your COMMITTEE ON HEALTH AND WELFARE, am transmitting to the Secretary of State the following House report that we have had under consideration H 46, H 47, and bills, to wit: H 48 and recommend that they do pass. MCGEACHIN, Chairman H 11 and H 12 H 46, H 47, and H 48 were filed for second reading. As Always - Idaho, "Esto Perpetua" /s/ C.L. "Butch" Otter February 18, 2011 Governor Mr. Speaker: We, your COMMITTEE ON HEALTH AND WELFARE, February 18, 2011 report that we have had under consideration H 49 and recommend Mr. Speaker: that it do pass. I return herewith enrolled HCR 4, H 27, and H 13 which MCGEACHIN, Chairman have been signed by the President. WOOD, Secretary H 49 was filed for second reading. Enrolled HCR 4 was referred to the Judiciary, Rules, and There being no objection, the House advanced to the Seventh Administration Committee for delivery to the Secretary of State. Order of Business. 106 HOUSE JOURNAL February 21, 2011]

Motions, Memorials, and Resolutions Medicaid Enhanced Plan Benefits are not consistent with legislative intent and should be rejected. House of Representatives NOW, THEREFORE, BE IT RESOLVED by the members State of Idaho of the First Regular Session of the Sixty-first Idaho Legislature, the House of Representatives and the Senate concurring therein, February 16, 2011 that IDAPA 16.03.10, Department of Health and Welfare Rules Governing Medicaid Enhanced Plan Benefits, Section 270, The Honorable Janice K. McGeachin, Chairman Nursing Facility: Special Rates, Subsection 03 relating to Health and Welfare Committee Reporting and 07 relating to Treatment of the Special Rate Cost for Future Rate Setting Periods, only, adopted as pending Dear Representative McGeachin: rules under Docket Number 16-0310-1003, be, and the same are hereby rejected and declared null, void and of no force and I hereby designate the Health and Welfare Committee effect. a privileged committee on Friday, February 18, 2011, for the purpose of introducing RS 20405 (HCR 12), RS 20409 HOUSE CONCURRENT RESOLUTION NO. 14 (HCR 13), RS 20410 (HCR 14) and RS 20420 (H 182). BY HEALTH AND WELFARE COMMITTEE Sincerely, A CONCURRENT RESOLUTION /s/ Lawerence Denney STATING FINDINGS OF THE LEGISLATURE AND Speaker of the House REJECTING A CERTAIN RULE OF THE DEPARTMENT OF HEALTH AND WELFARE RELATING TO CRIMINAL The letter was ordered filed in the office of the Chief Clerk. HISTORY AND BACKGROUND CHECKS.

HOUSE CONCURRENT RESOLUTION NO. 12 Be It Resolved by the Legislature of the State of Idaho: BY HEALTH AND WELFARE COMMITTEE A CONCURRENT RESOLUTION WHEREAS, the Legislature is vested with authority to reject STATING FINDINGS OF THE LEGISLATURE AND executive agency rules under the provisions of Section 67-5291, REJECTING A CERTAIN RULE OF THE DEPARTMENT Idaho Code, in the event that the Legislature finds that the rules OF HEALTH AND WELFARE RELATING TO MEDICAID are not consistent with legislative intent; and ENHANCED PLAN BENEFITS. WHEREAS, it is the finding of the Legislature that a certain rule of the Department of Health and Welfare relating to Criminal Be It Resolved by the Legislature of the State of Idaho: History and Background Checks is not consistent with legislative intent and should be rejected. WHEREAS, the Legislature is vested with authority to reject NOW, THEREFORE, BE IT RESOLVED by the members executive agency rules under the provisions of Section 67-5291, of the First Regular Session of the Sixty-first Idaho Legislature, Idaho Code, in the event that the Legislature finds that the rules the House of Representatives and the Senate concurring therein, are not consistent with legislative intent; and that IDAPA 16.05.06, Department of Health and Welfare Rules WHEREAS, it is the finding of the Legislature that a certain Governing Criminal History and Background Checks, Section rule of the Department of Health and Welfare relating to Medicaid 210, Disqualifying Crimes Resulting in an Unconditional Denial, Enhanced Plan Benefits is not consistent with legislative intent Subsection 01.j relating to Disqualifying Crimes, only, adopted and should be rejected. as a pending rule under Docket Number 16-0506-1001, be, and NOW, THEREFORE, BE IT RESOLVED by the members the same is hereby rejected and declared null, void and of no of the First Regular Session of the Sixty-first Idaho Legislature, force and effect. the House of Representatives and the Senate concurring therein, that IDAPA 16.03.10, Department of Health and Welfare Rules HCR 12, HCR 13, and HCR 14 were introduced, read Governing Medicaid Enhanced Plan Benefits, Section 663, the first time by title, and referred to the Judiciary, Rules, and Children's HCBS State Plan Option: Coverage and Limitations, Administration Committee for printing. Subsection 02.a relating to Habilitative Supports, only, adopted At this time, the Speaker put the House at ease. as a pending rule under Docket Number 16-0310-1002, be, and the same is hereby rejected and declared null, void and of no MEMORIAL SERVICE force and effect. Opening Remarks ...... Representative Lynn Luker HOUSE CONCURRENT RESOLUTION NO. 13 BY HEALTH AND WELFARE COMMITTEE A CONCURRENT RESOLUTION Boise State University Meistersingers STATING FINDINGS OF THE LEGISLATURE AND "God Bless America" REJECTING CERTAIN RULES OF THE DEPARTMENT OF HEALTH AND WELFARE RELATING TO MEDICAID Introduction...... Representative Lynne Luker ENHANCED PLAN BENEFITS.

Be It Resolved by the Legislature of the State of Idaho: Presentation of Memorials WHEREAS, the Legislature is vested with authority to reject executive agency rules under the provisions of Section 67-5291, Beverly Bistline ...... Representative Elaine Smith Idaho Code, in the event that the Legislature finds that the rules Gary H. Gould ...... Representative Roy Lacey are not consistent with legislative intent; and Glenna Hoagland ...... Representative Pete Nielsen WHEREAS, it is the finding of the Legislature that certain Hilde Kellogg...... Representative Bob Nonini rules of the Department of Health and Welfare relating to Molly Lazechko...... Representative Phylis King [February 21, 2011 HOUSE JOURNAL 107

Larry Looney ...... Representative Frank Henderson NOW, THEREFORE, BE IT RESOLVED that the Helen McKinney...... Representative Darrell Bolz House of Representatives of the Sixty-first Legislature draw William Onweiler ...... Representative Bill Killen public attention by this Memorial to the life and works of Raymond Parks...... Representative Dennis Lake Glenna L. Hoagland. Clint Stennett ...... Representative Wendy Jacquet BE IT FURTHER RESOLVED that the House of Representatives of the Sixty-first Idaho Legislature extend to the "Here We Have Idaho" bereaved family the heartfelt sympathy of this entire body; and BE IT FURTHER RESOLVED that the Chief Clerk of the Benediction House of Representatives be, and she is hereby instructed to Boise State University Meistersingers spread this Memorial upon the Journal of the House, and to "May The Good Lord Bless and Keep You" forward copies to the members of the Hoagland family. Representative Pete Nielsen paid tribute to the former A HOUSE MEMORIAL Representative Glenna L. Hoagland. WHEREAS, Representative Beverly Bistline has passed on A HOUSE MEMORIAL since the close of Second Regular Session of the Sixtieth Idaho Legislature; and WHEREAS, Representative Hilde Kellogg has passed on WHEREAS, the late Representative Beverly Bistline served since the close of Second Regular Session of the Sixtieth Idaho in this House, in the interest of Oneida and Bannock counties, Legislature; and during the Forty-third Legislature, covering the years 1975 WHEREAS, the late Representative Hilde Kellogg served through 1976. in this House, in the interest of Kootenai county, during NOW, THEREFORE, BE IT RESOLVED that the the Forty-seventh through Fiftieth and Fifty-second through House of Representatives of the Sixty-first Legislature draw Fifty-seventh Legislatures, covering the years 1983 through public attention by this Memorial to the life and works of 1990, and 1993 through 2004. Beverly Bistline. NOW, THEREFORE, BE IT RESOLVED that the House BE IT FURTHER RESOLVED that the House of of Representatives of the Sixty-first Legislature draw public Representatives of the Sixty-first Idaho Legislature extend to the attention by this Memorial to the life and works of Hilde Kellogg. bereaved family the heartfelt sympathy of this entire body; and BE IT FURTHER RESOLVED that the House of BE IT FURTHER RESOLVED that the Chief Clerk of the Representatives of the Sixty-first Idaho Legislature extend to the House of Representatives be, and she is hereby instructed to bereaved family the heartfelt sympathy of this entire body; and spread this Memorial upon the Journal of the House, and to BE IT FURTHER RESOLVED that the Chief Clerk of the forward copies to the members of the Bistline family. House of Representatives be, and she is hereby instructed to spread this Memorial upon the Journal of the House, and to Representative Elaine Smith paid tribute to the former forward copies to the members of the Kellogg family. Representative Beverly Bistline. Representative Bob Nonini paid tribute to the former A HOUSE MEMORIAL Representative Hilde Kellogg. WHEREAS, Representative Gary H. Gould has passed on A HOUSE MEMORIAL since the close of Second Regular Session of the Sixtieth Idaho Legislature; and WHEREAS, Representative Molly Lazechko has passed on WHEREAS, the late Representative Gary H. Gould served since the close of Second Regular Session of the Sixtieth Idaho in this House, in the interest of Bannock county, during the Legislature; and Forty-fifth through Forty-sixth Legislatures, covering the years WHEREAS, the late Representative Molly Lazechko served 1978 through 1980. in this House, in the interest of Ada county, during the Fifty-first NOW, THEREFORE, BE IT RESOLVED that the House Legislature, covering the years 1991 through 1992. of Representatives of the Sixty-first Legislature draw public NOW, THEREFORE, BE IT RESOLVED that the attention by this Memorial to the life and works of Gary H. Gould. House of Representatives of the Sixty-first Legislature draw BE IT FURTHER RESOLVED that the House of public attention by this Memorial to the life and works of Representatives of the Sixty-first Idaho Legislature extend to the Molly Lazechko. bereaved family the heartfelt sympathy of this entire body; and BE IT FURTHER RESOLVED that the House of BE IT FURTHER RESOLVED that the Chief Clerk of the Representatives of the Sixty-first Idaho Legislature extend to the House of Representatives be, and she is hereby instructed to bereaved family the heartfelt sympathy of this entire body; and spread this Memorial upon the Journal of the House, and to BE IT FURTHER RESOLVED that the Chief Clerk of the forward copies to the members of the Gould family. House of Representatives be, and she is hereby instructed to spread this Memorial upon the Journal of the House, and to Representative Roy Lacey paid tribute to the former forward copies to the members of the Lazechko family. Representative Gary H. Gould. Representative Phylis K. King paid tribute to the former A HOUSE MEMORIAL Representative Molly Lazechko. WHEREAS, Representative Glenna L. Hoagland has passed A HOUSE MEMORIAL on since the close of Second Regular Session of the Sixtieth Idaho Legislature; and WHEREAS, Representative Larry Looney has passed on WHEREAS, the late Representative Glenna L. Hoagland since the close of Second Regular Session of the Sixtieth Idaho served in this House, in the interest of Elmore and Owyhee Legislature; and counties, during the Forty-eighth Legislature, covering the years WHEREAS, the late Representative Larry Looney served in 1985 through 1986. this House, in the interest of Kootenai county, during the Fortieth 108 HOUSE JOURNAL February 21, 2011] through Forty-first Legislatures, covering the years 1969 through WHEREAS, the late Representative Raymond G. Parks. 1972. served in this House, in the interest of Bingham county, during NOW, THEREFORE, BE IT RESOLVED that the House the Forty-fifth through Fifty-first Legislatures, covering the years of Representatives of the Sixty-first Legislature draw public 1979 through 1992. attention by this Memorial to the life and works of Larry Looney. NOW, THEREFORE, BE IT RESOLVED that the BE IT FURTHER RESOLVED that the House of House of Representatives of the Sixty-first Legislature draw Representatives of the Sixty-first Idaho Legislature extend to the public attention by this Memorial to the life and works of bereaved family the heartfelt sympathy of this entire body; and Raymond G. Parks. BE IT FURTHER RESOLVED that the Chief Clerk of the BE IT FURTHER RESOLVED that the House of House of Representatives be, and she is hereby instructed to Representatives of the Sixty-first Idaho Legislature extend to the spread this Memorial upon the Journal of the House, and to bereaved family the heartfelt sympathy of this entire body; and forward copies to the members of the Looney family. BE IT FURTHER RESOLVED that the Chief Clerk of the House of Representatives be, and she is hereby instructed to Representative Frank N. Henderson paid tribute to the former spread this Memorial upon the Journal of the House, and to Representative Larry Looney. forward copies to the members of the Parks family. A HOUSE MEMORIAL Representative Dennis M. Lake paid tribute to the former WHEREAS, Representative Helen McKinney has passed on Representative Raymond G. Parks. since the close of Second Regular Session of the Sixtieth Idaho A HOUSE MEMORIAL Legislature; and WHEREAS, the late Representative Helen McKinney served WHEREAS, Representative Clint Stennett has passed on in this House, in the interest of Lemhi, Custer, Clark and since the close of Second Regular Session of the Sixtieth Idaho Jefferson counties, during the Thirty-eighth through Forty-first Legislature; and Legislatures, covering the years 1965 through 1972. WHEREAS, the late Representative Clint Stennett served in NOW, THEREFORE, BE IT RESOLVED that the this House, in the interest of Blaine, Camas, Gooding and Lincoln House of Representatives of the Sixty-first Legislature draw counties, during the Fifty-first and Fifty-second Legislatures, public attention by this Memorial to the life and works of covering the years 1991 through 1994. Helen McKinney. NOW, THEREFORE, BE IT RESOLVED that the House BE IT FURTHER RESOLVED that the House of of Representatives of the Sixty-first Legislature draw public Representatives of the Sixty-first Idaho Legislature extend to the attention by this Memorial to the life and works of Clint Stennett. bereaved family the heartfelt sympathy of this entire body; and BE IT FURTHER RESOLVED that the House of BE IT FURTHER RESOLVED that the Chief Clerk of the Representatives of the Sixty-first Idaho Legislature extend to the House of Representatives be, and she is hereby instructed to bereaved family the heartfelt sympathy of this entire body; and spread this Memorial upon the Journal of the House, and to BE IT FURTHER RESOLVED that the Chief Clerk of the forward copies to the members of the McKinney family. House of Representatives be, and she is hereby instructed to Representative Darrell Bolz paid tribute to the former spread this Memorial upon the Journal of the House, and to Representative Helen McKinney. forward copies to the members of the Stennett family. A HOUSE MEMORIAL Representative Wendy Jaquet paid tribute to the former Representative Clint Stennett. WHEREAS, Representative William C. Onweiler has passed on since the close of Second Regular Session of the Sixtieth Idaho Prior to going at ease, the House was at the Seventh Order Legislature; and of Business. WHEREAS, the late Representative William C. Onweiller served in this House, in the interest of Ada county, during the Fortieth through Forty-third Legislatures, covering the years 1969 Introduction, First Reading, and Reference through 1976. of Bills and Joint Resolutions NOW, THEREFORE, BE IT RESOLVED that the House of Representatives of the Sixty-first Legislature draw HOUSE BILL NO. 182 public attention by this Memorial to the life and works of BY HEALTH AND WELFARE COMMITTEE William C. Onweiler. AN ACT BE IT FURTHER RESOLVED that the House of RELATING TO THE BOARD OF PHARMACY; Representatives of the Sixty-first Idaho Legislature extend to the AMENDING SECTION 54-1707, IDAHO CODE, TO bereaved family the heartfelt sympathy of this entire body; and PROVIDE CERTAIN EXPERIENCE REQUIREMENTS. BE IT FURTHER RESOLVED that the Chief Clerk of the H 182 was introduced, read the first time by title, and House of Representatives be, and she is hereby instructed to referred to the Judiciary, Rules, and Administration Committee spread this Memorial upon the Journal of the House, and to for printing. forward copies to the members of the Onweiler family. S 1057, as amended, and S 1044, as amended, by Judiciary Representative William M. Killen paid tribute to the former and Rules Committee, were introduced, read the first time by Representative William C. Onweiler. title, and referred to the Judiciary, Rules, and Administration A HOUSE MEMORIAL Committee. WHEREAS, Representative Raymond G. Parks has passed S 1079 and S 1053, as amended, by Local Government and on since the close of Second Regular Session of the Sixtieth Idaho Taxation Committee, were introduced, read the first time by title, Legislature; and and referred to the Revenue and Taxation Committee. [February 21, 2011 HOUSE JOURNAL 109

S 1073, by Transportation Committee, was introduced, read Smith(24), Stevenson, Takasugi(Batt), Thayn, Thompson, Trail, the first time by title, and referred to the Transportation and Vander Woude, Wills, Wood(27), Wood(35), Mr. Speaker. Defense Committee. Total – 68. NAYS – None. There being no objection, the House advanced to the Tenth Absent and excused – Black, McGeachin. Total – 2. Order of Business. Total – 70. Second Reading of Bills and Joint Resolutions Whereupon the Speaker declared that H 56 passed the House. H 140, by Judiciary, Rules, and Administration Committee, Title was approved and the bill ordered transmitted to the Senate. was read the second time by title and filed for third reading. HJM 2 was read the third time at length and placed before S 1010, S 1012, S 1045, and S 1056, by Judiciary and Rules the House for final consideration. Committee, were read the second time by title and filed for third At this time, the Speaker recognized Mr. Shepherd to open reading. debate. H 84, H 135, and H 143, by Resources and Conservation Committee, were read the second time by title and filed for third The question being, "Shall HJM 2 be adopted?" reading. Roll call resulted as follows: Third Reading of Bills and Joint Resolutions AYES – Anderson, Andrus, Barbieri, Barrett, Bateman, Bayer, Bedke, Bell, Bilbao, Black, Block, Bolz, Boyle, H 39 was read the third time at length, section by section, Chadderdon(Chadderdon), Collins, Crane, DeMordaunt, and placed before the House for final consideration. Ellsworth, Eskridge, Gibbs(Wheeler), Guthrie, Hagedorn, At this time, the Speaker recognized Mr. Patrick to open Hart, Hartgen, Harwood, Henderson, Lake, Loertscher, Luker, debate. Marriott, McMillan, Moyle, Nesset, Nielsen, Nonini, Palmer, Patrick, Perry, Raybould, Roberts, Rusche, Schaefer, Shepherd, Pursuant to Rule 38(3), Ms. Batt disclosed a conflict of Shirley, Simpson, Sims, Smith(24), Stevenson, Takasugi(Batt), interest regarding H 39. Thayn, Thompson, Vander Woude, Wills, Wood(27), Wood(35), Mr. Speaker. Total – 56. The question being, "Shall H 39 pass?" NAYS – Buckner-Webb, Burgoyne, Chew, Cronin, Higgins, Jaquet, Killen, King, Lacey, Pence, Ringo, Smith(30), Trail. Roll call resulted as follows: Total – 13. AYES – Anderson, Andrus, Barbieri, Barrett, Bateman, Absent and excused – McGeachin. Total – 1. Bayer, Bedke, Bell, Bilbao, Black, Block, Bolz, Boyle, Total – 70. Buckner-Webb, Burgoyne, Chadderdon(Chadderdon), Chew, Collins, Crane, Cronin, DeMordaunt, Ellsworth, Eskridge, Whereupon the Speaker declared HJM 2 adopted and Gibbs(Wheeler), Guthrie, Hagedorn, Hart, Hartgen, Harwood, ordered the memorial transmitted to the Senate. Henderson, Higgins, Jaquet, Killen, King, Lacey, Lake, Loertscher, Luker, Marriott, McMillan, Moyle, Nesset, Nielsen, H 119 was read the third time at length, section by section, Nonini, Palmer, Patrick, Pence, Perry, Raybould, Ringo, Roberts, and placed before the House for final consideration. Rusche, Schaefer, Shepherd, Shirley, Simpson, Sims, Smith(30), At this time, the Speaker recognized Mr. Wills to open Smith(24), Stevenson, Takasugi(Batt), Thayn, Thompson, Trail, debate. Vander Woude, Wills, Wood(27), Wood(35), Mr. Speaker. Total – 69. The question being, "Shall H 119 pass?" NAYS – None. Absent and excused – McGeachin. Total – 1. Roll call resulted as follows: Total – 70. AYES – Anderson, Andrus, Barbieri, Barrett, Bateman, Bayer, Bedke, Bell, Bilbao, Black, Block, Bolz, Boyle, Whereupon the Speaker declared that H 39 passed the House. Buckner-Webb, Burgoyne, Chadderdon(Chadderdon), Chew, Title was approved and the bill ordered transmitted to the Senate. Collins, Crane, Cronin, DeMordaunt, Ellsworth, Eskridge, H 56 was read the third time at length, section by section, Gibbs(Wheeler), Guthrie, Hagedorn, Hart, Hartgen, Harwood, and placed before the House for final consideration. Henderson, Higgins, Jaquet, Killen, King, Lacey, Lake, Loertscher, Luker, Marriott, McMillan, Moyle, Nesset, Nielsen, At this time, the Speaker recognized Mr. Hagedorn to open Nonini, Palmer, Patrick, Pence, Perry, Raybould, Ringo, Roberts, debate. Rusche, Schaefer, Shepherd, Shirley, Simpson, Sims, Smith(30), Smith(24), Stevenson, Takasugi(Batt), Thayn, Thompson, Trail, The question being, "Shall H 56 pass?" Vander Woude, Wills, Wood(27), Wood(35), Mr. Speaker. Total – 69. Roll call resulted as follows: NAYS – None. AYES – Anderson, Andrus, Barbieri, Barrett, Bateman, Absent and excused – McGeachin. Total – 1. Bayer, Bedke, Bell, Bilbao, Block, Bolz, Boyle, Buckner-Webb, Total – 70. Burgoyne, Chadderdon(Chadderdon), Chew, Collins, Crane, Cronin, DeMordaunt, Ellsworth, Eskridge, Gibbs(Wheeler), Whereupon the Speaker declared that H 119 passed the Guthrie, Hagedorn, Hart, Hartgen, Harwood, Henderson, House. Title was approved and the bill ordered transmitted to Higgins, Jaquet, Killen, King, Lacey, Lake, Loertscher, Luker, the Senate. Marriott, McMillan, Moyle, Nesset, Nielsen, Nonini, Palmer, Patrick, Pence, Perry, Raybould, Ringo, Roberts, Rusche, H 121 was read the third time at length, section by section, Schaefer, Shepherd, Shirley, Simpson, Sims, Smith(30), and placed before the House for final consideration. 110 HOUSE JOURNAL February 21, 2011]

At this time, the Speaker recognized Mr. Burgoyne to open Henderson, Higgins, Jaquet, Killen, King, Lacey, Lake, debate. Loertscher, Luker, Marriott, McMillan, Moyle, Nesset, Nielsen, Nonini, Palmer, Patrick, Pence, Perry, Raybould, Ringo, Roberts, The question being, "Shall H 121 pass?" Rusche, Schaefer, Shepherd, Shirley, Simpson, Sims, Smith(30), Smith(24), Stevenson, Takasugi(Batt), Thayn, Thompson, Trail, Roll call resulted as follows: Vander Woude, Wills, Wood(27), Wood(35), Mr. Speaker. AYES – Anderson, Andrus, Barbieri, Barrett, Bateman, Total – 69. Bayer, Bedke, Bell, Bilbao, Black, Block, Bolz, Boyle, NAYS – None. Buckner-Webb, Burgoyne, Chadderdon(Chadderdon), Chew, Absent and excused – McGeachin. Total – 1. Collins, Crane, Cronin, DeMordaunt, Ellsworth, Eskridge, Total – 70. Gibbs(Wheeler), Guthrie, Hagedorn, Hart, Hartgen, Harwood, Henderson, Higgins, Jaquet, Killen, King, Lacey, Lake, Whereupon the Speaker declared that S 1008 passed the Loertscher, Luker, Marriott, McMillan, Moyle, Nesset, Nielsen, House. Title was approved and the bill ordered returned to the Nonini, Palmer, Patrick, Pence, Perry, Raybould, Ringo, Roberts, Senate. Rusche, Schaefer, Shepherd, Shirley, Simpson, Sims, Smith(30), Smith(24), Stevenson, Takasugi(Batt), Thayn, Thompson, Trail, Vander Woude, Wills, Wood(27), Wood(35), Mr. Speaker. S 1009 was read the third time at length, section by section, Total – 69. and placed before the House for final consideration. NAYS – None. At this time, the Speaker recognized Mr. Nielsen to open Absent and excused – McGeachin. Total – 1. debate. Total – 70. The question being, "Shall S 1009 pass?" Whereupon the Speaker declared that H 121 passed the House. Title was approved and the bill ordered transmitted to Roll call resulted as follows: the Senate. AYES – Anderson, Andrus, Barbieri, Barrett, Bateman, H 139 was read the third time at length, section by section, Bayer, Bedke, Bell, Bilbao, Black, Block, Bolz, Boyle, and placed before the House for final consideration. Buckner-Webb, Burgoyne, Chadderdon(Chadderdon), Chew, Collins, Crane, Cronin, DeMordaunt, Ellsworth, Eskridge, At this time, the Speaker recognized Mr. Luker to open Gibbs(Wheeler), Guthrie, Hagedorn, Hart, Hartgen, Harwood, debate. Henderson, Higgins, Jaquet, Killen, King, Lacey, Lake, Loertscher, Luker, Marriott, McMillan, Moyle, Nesset, Nielsen, The question being, "Shall H 139 pass?" Nonini, Palmer, Patrick, Pence, Perry, Raybould, Ringo, Roberts, Rusche, Schaefer, Shepherd, Shirley, Simpson, Sims, Smith(30), Roll call resulted as follows: Smith(24), Stevenson, Takasugi(Batt), Thayn, Thompson, Trail, AYES – Anderson, Andrus, Barbieri, Barrett, Bateman, Vander Woude, Wood(27), Wood(35), Mr. Speaker. Total – 68. Bayer, Bedke, Bell, Bilbao, Black, Block, Bolz, Boyle, NAYS – None. Buckner-Webb, Burgoyne, Chadderdon(Chadderdon), Chew, Absent and excused – McGeachin, Wills. Total – 2. Collins, Crane, Cronin, DeMordaunt, Ellsworth, Eskridge, Total – 70. Gibbs(Wheeler), Guthrie, Hagedorn, Hart, Hartgen, Harwood, Henderson, Higgins, Jaquet, Killen, King, Lacey, Lake, Whereupon the Speaker declared that S 1009 passed the Loertscher, Luker, Marriott, McMillan, Moyle, Nesset, Nielsen, House. Title was approved and the bill ordered returned to the Nonini, Palmer, Patrick, Pence, Perry, Raybould, Ringo, Roberts, Senate. Rusche, Schaefer, Shepherd, Shirley, Simpson, Sims, Smith(30), Smith(24), Stevenson, Takasugi(Batt), Thayn, Thompson, Trail, S 1014 was read the third time at length, section by section, Vander Woude, Wills, Wood(27), Wood(35), Mr. Speaker. and placed before the House for final consideration. Total – 69. NAYS – None. At this time, the Speaker recognized Mr. Killen to open Absent and excused – McGeachin. Total – 1. debate. Total – 70. The question being, "Shall S 1014 pass?" Whereupon the Speaker declared that H 139 passed the House. Title was approved and the bill ordered transmitted to Roll call resulted as follows: the Senate. AYES – Anderson, Andrus, Barbieri, Barrett, Bateman, Bayer, Bedke, Bell, Bilbao, Black, Block, Bolz, Boyle, S 1008 was read the third time at length, section by section, Buckner-Webb, Burgoyne, Chadderdon(Chadderdon), Chew, and placed before the House for final consideration. Collins, Crane, Cronin, DeMordaunt, Ellsworth, Eskridge, At this time, the Speaker recognized Ms. McMillan to open Gibbs(Wheeler), Guthrie, Hagedorn, Hart, Hartgen, Harwood, debate. Henderson, Higgins, Jaquet, Killen, King, Lacey, Lake, Loertscher, Luker, Marriott, McMillan, Moyle, Nesset, Nielsen, The question being, "Shall S 1008 pass?" Nonini, Palmer, Patrick, Pence, Perry, Raybould, Ringo, Roberts, Rusche, Schaefer, Shepherd, Shirley, Simpson, Sims, Smith(30), Roll call resulted as follows: Smith(24), Stevenson, Takasugi(Batt), Thayn, Thompson, Trail, AYES – Anderson, Andrus, Barbieri, Barrett, Bateman, Vander Woude, Wills, Wood(27), Wood(35), Mr. Speaker. Bayer, Bedke, Bell, Bilbao, Black, Block, Bolz, Boyle, Total – 69. Buckner-Webb, Burgoyne, Chadderdon(Chadderdon), Chew, NAYS – None. Collins, Crane, Cronin, DeMordaunt, Ellsworth, Eskridge, Absent and excused – McGeachin. Total – 1. Gibbs(Wheeler), Guthrie, Hagedorn, Hart, Hartgen, Harwood, Total – 70. [February 21, 2011 HOUSE JOURNAL 111

Whereupon the Speaker declared that S 1014 passed the Roll call resulted as follows: House. Title was approved and the bill ordered returned to the AYES – Anderson, Andrus, Barbieri, Barrett, Bateman, Senate. Bayer, Bedke, Bell, Bilbao, Black, Block, Bolz, Boyle, Buckner-Webb, Burgoyne, Chadderdon(Chadderdon), Chew, Collins, Crane, Cronin, DeMordaunt, Ellsworth, Eskridge, S 1029 was read the third time at length, section by section, Gibbs(Wheeler), Guthrie, Hagedorn, Hart, Hartgen, Harwood, and placed before the House for final consideration. Henderson, Higgins, Jaquet, Killen, King, Lacey, Lake, Loertscher, Luker, Marriott, McMillan, Moyle, Nesset, Nielsen, At this time, the Speaker recognized Mr. Bolz to open debate. Nonini, Palmer, Patrick, Pence, Perry, Raybould, Ringo, Roberts, The question being, "Shall S 1029 pass?" Rusche, Schaefer, Shepherd, Shirley, Simpson, Sims, Smith(30), Smith(24), Stevenson, Takasugi(Batt), Thayn, Thompson, Trail, Roll call resulted as follows: Vander Woude, Wills, Wood(27), Wood(35), Mr. Speaker. AYES – Anderson, Andrus, Barrett, Bateman, Bayer, Total – 69. Bedke, Bell, Bilbao, Black, Block, Bolz, Boyle, Buckner-Webb, NAYS – None. Burgoyne, Chadderdon(Chadderdon), Chew, Collins, Crane, Absent and excused – McGeachin. Total – 1. Cronin, DeMordaunt, Ellsworth, Eskridge, Gibbs(Wheeler), Total – 70. Guthrie, Hagedorn, Hart, Hartgen, Harwood, Henderson, Whereupon the Speaker declared that S 1031 passed the Higgins, Jaquet, Killen, King, Lacey, Lake, Loertscher, Luker, House. Title was approved and the bill ordered returned to the Marriott, McMillan, Moyle, Nesset, Nielsen, Nonini, Palmer, Senate. Patrick, Pence, Perry, Raybould, Ringo, Roberts, Rusche, Schaefer, Shepherd, Shirley, Simpson, Sims, Smith(30), HP 4 was read the third time at length and placed before the Smith(24), Stevenson, Takasugi(Batt), Thayn, Thompson, Trail, House for final consideration. Vander Woude, Wills, Wood(27), Wood(35), Mr. Speaker. Total – 68. At this time, the Speaker recognized Ms. Jaquet to open NAYS – Barbieri. Total – 1. debate. Absent and excused – McGeachin. Total – 1. Total – 70. The question being, "Shall HP 4 be adopted?" Whereupon the Speaker declared that S 1029 passed the Whereupon the Speaker declared HP 4 adopted by voice vote House. Title was approved and the bill ordered returned to the and ordered the proclamation transmitted to the Senate. Senate. Mr. Moyle asked unanimous consent that the remaining S 1030 was read the third time at length, section by section, bills on the Third Reading Calendar retain their places for one and placed before the House for final consideration. legislative day. There being no objection, it was so ordered. At this time, the Speaker recognized Ms. Jaquet to open There being no objection, the House advanced to the debate. Sixteenth Order of Business. The question being, "Shall S 1030 pass?" Adjournment

Roll call resulted as follows: Mr. Moyle moved that the House adjourn until 10:30 a.m., AYES – Anderson, Andrus, Barbieri, Barrett, Bateman, Tuesday, February 22, 2011. Seconded by Mr. Rusche. Motion Bayer, Bedke, Bell, Bilbao, Black, Block, Bolz, Boyle, carried. Buckner-Webb, Burgoyne, Chadderdon(Chadderdon), Chew, Collins, Crane, Cronin, DeMordaunt, Ellsworth, Eskridge, Whereupon the Speaker declared the House adjourned at Gibbs(Wheeler), Guthrie, Hagedorn, Hart, Hartgen, Harwood, 12:03 p.m. Henderson, Higgins, Jaquet, Killen, King, Lacey, Lake, LAWERENCE DENNEY, Speaker Loertscher, Luker, Marriott, McMillan, Moyle, Nesset, Nielsen, ATTEST: Nonini, Palmer, Patrick, Pence, Perry, Raybould, Ringo, Roberts, BONNIE ALEXANDER, Chief Clerk Rusche, Schaefer, Shepherd, Shirley, Simpson, Sims, Smith(30), Smith(24), Stevenson, Takasugi(Batt), Thayn, Thompson, Trail, Vander Woude, Wills, Wood(27), Wood(35), Mr. Speaker. Total – 69. NAYS – None. Absent and excused – McGeachin. Total – 1. Total – 70. Whereupon the Speaker declared that S 1030 passed the House. Title was approved and the bill ordered returned to the Senate. S 1031 was read the third time at length, section by section, and placed before the House for final consideration. At this time, the Speaker recognized Ms. Perry to open debate. The question being, "Shall S 1031 pass?" 112 HOUSE JOURNAL February 22, 2011]

HOUSE JOURNAL H 182 was referred to the Health and Welfare Committee. OF THE February 22, 2011 Mr. Speaker: We, your COMMITTEE ON JUDICIARY, RULES, AND IDAHO LEGISLATURE ADMINISTRATION, report that we have enrolled H 70, H 71, H 72, H 74, H 89, H 90, and H 45. FIRST REGULAR SESSION WILLS, Chairman SIXTY-FIRST LEGISLATURE The Speaker announced he was about to sign enrolled H 70, H 71, H 72, H 74, H 89, H 90, and H 45 and, when so signed, ordered them transmitted to the Senate for the signature of the President. FORTY-FOURTH LEGISLATIVE DAY TUESDAY, FEBRUARY 22, 2011 February 22, 2011 Mr. Speaker: We, your COMMITTEE ON JUDICIARY, RULES, AND House of Representatives ADMINISTRATION, report that we have transmitted enrolled HCR 4 to the Secretary of State at 8:49 a.m., as of this date, The House convened at 10:30 a.m., the Speaker in the Chair. February 22, 2011. WILLS, Chairman Roll call showed all 70 members present.

Prayer was offered by Chaplain Tom Dougherty. February 21, 2011 Mr. Speaker: The Pledge of Allegiance was led by Emily Thiel, Page. We, your COMMITTEE ON JUDICIARY, RULES, AND Approval of Journal ADMINISTRATION, report that we have transmitted enrolled H 27 and H 13 to the Governor at 2:05 p.m., as of this date, February 22, 2011 February 21, 2011. Mr. Speaker: WILLS, Chairman We, your COMMITTEE ON JUDICIARY, RULES, AND ADMINISTRATION, report that we have read and approved the House Journal of the Forty-third Legislative Day and recommend February 21, 2011 that same be adopted as corrected. Mr. Speaker: WILLS, Chairman We, your COMMITTEE ON STATE AFFAIRS, report that we have had under consideration H 58 and recommend that it do Mr. Wills moved that the report be adopted. Seconded by pass. Mr. Burgoyne. Report adopted. LOERTSCHER, Chairman Consideration of Messages from the H 58 was filed for second reading. Governor and the Senate

February 21, 2011 February 21, 2011 Mr. Speaker: Mr. Speaker: I return herewith enrolled H 60 which has been signed by the We, your COMMITTEE ON JUDICIARY, RULES, President. AND ADMINISTRATION, report that we have had under WOOD, Secretary consideration H 163 and recommend that it do pass. Enrolled H 60 was referred to the Judiciary, Rules, and WILLS, Chairman Administration Committee for delivery to the Governor. H 163 was filed for second reading. February 21, 2011 Mr. Speaker: February 21, 2011 I transmit herewith SCR 104 and SCR 105 which have Mr. Speaker: passed the Senate. We, your COMMITTEE ON BUSINESS, report that we have WOOD, Secretary had under consideration H 81, H 82, and H 83 and recommend SCR 104 and SCR 105 were filed for first reading. that they do pass. BLACK, Chairman Report of Standing Committees H 81, H 82, and H 83 were filed for second reading. February 22, 2011 Mr. Speaker: February 21, 2011 We, your COMMITTEE ON JUDICIARY, RULES, AND Mr. Speaker: ADMINISTRATION, report that we have printed HCR 12, We, your COMMITTEE ON RESOURCES AND HCR 13, HCR 14, and H 182. CONSERVATION, report that we have had under consideration WILLS, Chairman H 85, H 94, H 136, and H 138 and recommend that they do pass. STEVENSON, Chairman HCR 12, HCR 13, and HCR 14 were filed for second reading. H 85, H 94, H 136, and H 138 were filed for second reading. [February 22, 2011 HOUSE JOURNAL 113

February 22, 2011 NOW, THEREFORE, BE IT RESOLVED by the members Mr. Speaker: of the First Regular Session of the Sixty-first Idaho Legislature, We, your COMMITTEE ON EDUCATION, report that we the House of Representatives and the Senate concurring therein, have had under consideration H 167 and recommend that it do that IDAPA 49.01.01, Certified Shorthand Reporters Board, pass. Rules of Procedure of the Certified Shorthand Reporters Board, NONINI, Chairman Section 400, Temporary Permit, Subsection 02.d relating to Certificate, only, adopted as a pending rule under Docket Number H 167 was filed for second reading. 49-0101-1001, be, and the same is hereby rejected and declared null, void and of no force and effect. February 22, 2011 Mr. Speaker: HCR 15 was introduced, read the first time by title, and We, your COMMITTEE ON REVENUE AND TAXATION, referred to the Judiciary, Rules, and Administration Committee report that we have had under consideration H 172 and H 178 and for printing. recommend that they do pass. LAKE, Chairman SCR 104, by State Affairs Committee, was introduced, read the first time by title, and referred to the State Affairs Committee. H 172 and H 178 were filed for second reading. SCR 105, by State Affairs Committee, was introduced, February 21, 2011 read the first time by title, and referred to the Resources and Mr. Speaker: Conservation Committee. We, your COMMITTEE ON RESOURCES AND CONSERVATION, report that we have had under consideration Introduction, First Reading, and Reference H 137 and report it back with amendments attached to be placed of Bills and Joint Resolutions on General Orders for consideration. STEVENSON, Chairman HOUSE BILL NO. 183 BY STATE AFFAIRS COMMITTEE H 137 was placed on General Orders for consideration. AN ACT RELATING TO THE MOBILE HOME PARK There being no objection, the House advanced to the Seventh LANDLORD-TENANT ACT; AMENDING THE HEADING Order of Business. FOR CHAPTER 20, TITLE 55, IDAHO CODE, TO PROVIDE Motions, Memorials, and Resolutions FOR THE MANUFACTURED HOME RESIDENCY ACT; AMENDING SECTION 55-2001, IDAHO CODE, TO Mr. Moyle moved that the following persons be approved REVISE THE SHORT TITLE; AMENDING SECTION as attaches to serve the House of Representatives for and during 55-2003, IDAHO CODE, TO DEFINE TERMS AND TO the First Regular Session of the Sixty-first Idaho Legislature. REVISE DEFINITIONS; AMENDING SECTION 55-2004, Seconded by Mr. Rusche. IDAHO CODE, TO REVISE PROVISIONS RELATING TO THE GOVERNANCE OF THE CHAPTER AND TO Pages: PROVIDE CORRECT TERMINOLOGY; AMENDING Isaac Best Trent Duenas SECTION 55-2005, IDAHO CODE, TO REVISE AND TO Elizabeth Harris Heidi Jensen PROVIDE ADDITIONAL PROVISIONS RELATING TO Morgan Mingus Cara Pantone RENTAL AGREEMENTS AND TO PROVIDE CORRECT Alexandra Peck Todd Rains TERMINOLOGY; AMENDING SECTION 55-2006, IDAHO Emily Thiel Jenee Walters CODE, TO REVISE AND TO PROVIDE ADDITIONAL PROVISIONS RELATING TO ADJUSTMENTS TO RENT Whereupon the Speaker declared the motion carried by AND AMENDMENTS TO RENTAL AGREEMENTS, TO voice vote and administered the oath of office to the above SPECIFY THE ACCEPTABLE METHOD OF NOTICE AND named attaches. TO PROVIDE CORRECT TERMINOLOGY; AMENDING SECTION 55-2007, IDAHO CODE, TO PROVIDE CORRECT HOUSE CONCURRENT RESOLUTION NO. 15 TERMINOLOGY; AMENDING SECTION 55-2008, IDAHO BY WAYS AND MEANS COMMITTEE CODE, TO PROVIDE CORRECT TERMINOLOGY A CONCURRENT RESOLUTION AND TO REVISE A CODE REFERENCE; AMENDING STATING FINDINGS OF THE LEGISLATURE AND SECTION 55-2009, IDAHO CODE, TO PROVIDE THAT A REJECTING A CERTAIN RULE OF THE CERTIFIED LANDLORD MAY ACT AS AGENT FOR THE SELLER SHORTHAND REPORTERS BOARD RELATING TO RULES ONLY IF THE LANDLORD IS LICENSED AS REQUIRED OF PROCEDURE OF THE CERTIFIED SHORTHAND BY LAW, TO REQUIRE CERTAIN CHARGES BE REPORTERS BOARD. PAID AND TO PROVIDE CORRECT TERMINOLOGY; AMENDING SECTION 55-2009A, IDAHO CODE, TO Be It Resolved by the Legislature of the State of Idaho: REVISE PROVISIONS RELATING TO ABANDONMENT AND NOTICE TO A LIENHOLDER AND TO PROVIDE WHEREAS, the Legislature is vested with authority to reject CORRECT TERMINOLOGY; AMENDING CHAPTER 20, executive agency rules under the provisions of Section 67-5291, TITLE 55, IDAHO CODE, BY THE ADDITION OF A Idaho Code, in the event that the Legislature finds that the rules NEW SECTION 55-2009B, IDAHO CODE, TO PROVIDE are not consistent with legislative intent; and PROVISIONS RELATING TO SALES TO SATISFY LIENS; WHEREAS, it is the finding of the Legislature that a certain AMENDING CHAPTER 20, TITLE 55, IDAHO CODE, rule of the Certified Shorthand Reporters Board relating to Rules BY THE ADDITION OF A NEW SECTION 55-2009C, of Procedure of the Certified Shorthand Reporters Board is not IDAHO CODE, TO PROVIDE PROVISIONS RELATING TO consistent with legislative intent and should be rejected. NOTICE OF A CERTAIN SALE; AMENDING CHAPTER 114 HOUSE JOURNAL February 22, 2011]

20, TITLE 55, IDAHO CODE, BY THE ADDITION OF A IDAHO CODE, TO REVISE PROVISIONS RELATING NEW SECTION 55-2009D, IDAHO CODE, TO PROVIDE TO PENALTIES; AMENDING SECTION 67-5735, IDAHO PROVISIONS RELATING TO THE RELEASE OF AN CODE, TO REVISE PROVISIONS RELATING TO CERTAIN OWNER'S INTEREST IN AN ABANDONED HOME; REQUIREMENTS FOR CONTRACTOR REIMBURSEMENT; AMENDING CHAPTER 20, TITLE 55, IDAHO CODE, BY AND AMENDING SECTION 67-5740, IDAHO CODE, TO THE ADDITION OF A NEW SECTION 55-2009E, IDAHO REVISE CODE REFERENCES AND TO MAKE TECHNICAL CODE, TO PROVIDE PROVISIONS RELATING TO AN CORRECTIONS. INSPECTION OF AN ABANDONED HOME PRIOR TO SALE; AMENDING CHAPTER 20, TITLE 55, IDAHO HOUSE BILL NO. 185 CODE, BY THE ADDITION OF A NEW SECTION 55-2009F, BY WAYS AND MEANS COMMITTEE IDAHO CODE, TO PROVIDE PROVISIONS RELATING AN ACT TO THE DISPOSITION OF PROCEEDS OF A LIEN SALE; RELATING TO URBAN RENEWAL; AMENDING AMENDING SECTION 55-2010, IDAHO CODE, TO REVISE CHAPTER 29, TITLE 50, IDAHO CODE, BY THE ADDITION AND TO PROVIDE ADDITIONAL PROVISIONS RELATING OF A NEW SECTION 50-2903A, IDAHO CODE, TO TO THE TERMINATION OF A RENTAL AGREEMENT AND PROVIDE PROVISIONS RELATING TO THE ANNUAL TO PROVIDE CORRECT TERMINOLOGY; AMENDING BUDGET, PLAN TERMINATION AND STATEMENT SECTION 55-2012, IDAHO CODE, TO PROVIDE CORRECT OF EXCESS REVENUE ALLOCATION FUNDS; AND TERMINOLOGY; AMENDING SECTION 55-2013, IDAHO PROVIDING SEVERABILITY. CODE, TO REMOVE PROVISIONS RELATING TO THE APPLICATION OF CERTAIN CODE SECTIONS, TO HOUSE BILL NO. 186 PROVIDE CORRECT TERMINOLOGY AND TO MAKE BY WAYS AND MEANS COMMITTEE A TECHNICAL CORRECTION; AMENDING SECTION AN ACT 55-2013A, IDAHO CODE, TO REVISE AND TO PROVIDE RELATING TO FISH AND GAME; AMENDING ADDITIONAL PROVISIONS RELATING TO COMMUNITY SECTION 36-1101, IDAHO CODE, TO PROHIBIT THE USE RESIDENT ASSOCIATIONS AND TO PROVIDE CORRECT OF AIRCRAFT IN THE TAKING OF GAME OR LOADING, TERMINOLOGY; AMENDING SECTION 55-2014, IDAHO TRANSPORTING OR UNLOADING OF HUNTERS, GAME CODE, TO PROVIDE THAT THE LANDLORD IS NOT OR HUNTING GEAR, TO PROHIBIT THE TAKING OF LIABLE FOR CERTAIN MAINTENANCE CONDITIONS, GAME FROM THE GROUND ON THE SAME CALENDAR TO PROVIDE CORRECT TERMINOLOGY AND TO DAY OF SUCH USE OF AIRCRAFT AND TO PROVIDE MAKE A TECHNICAL CORRECTION; AMENDING AN EXCEPTION FOR THE LAWFUL CONTROL OF SECTION 55-2015, IDAHO CODE, TO PROVIDE PREDATORY AND UNPROTECTED WILDLIFE THROUGH CORRECT TERMINOLOGY AND TO MAKE TECHNICAL CERTAIN USE OF AIRCRAFT. CORRECTIONS; AMENDING SECTION 55-2016, IDAHO CODE, TO REVISE PROVISIONS RELATING TO HOUSE BILL NO. 187 ARBITRATION, TO PROVIDE FOR MEDIATION AND BY STATE AFFAIRS COMMITTEE TO PROVIDE CORRECT TERMINOLOGY; AMENDING AN ACT SECTION 55-2019, IDAHO CODE, TO PROVIDE CORRECT RELATING TO FREEDOM OF CONSCIENCE FOR TERMINOLOGY; AND AMENDING CHAPTER 20, TITLE HEALTH CARE PROFESSIONALS; AMENDING SECTION 55, IDAHO CODE, BY THE ADDITION OF A NEW 18-611, IDAHO CODE, TO PROVIDE IN CASES WHERE SECTION 55-2020, IDAHO CODE, TO SPECIFY THE A LIVING WILL OR PHYSICIAN'S ORDERS FOR SCOPE ACCEPTABLE METHOD FOR SERVICE OF NOTICE. OF TREATMENT IS OPERATIVE, AS DEFINED BY THE MEDICAL CONSENT AND NATURAL DEATH ACT, AND HOUSE BILL NO. 184 A PHYSICIAN HAS AN OBJECTION OF CONSCIENCE BY STATE AFFAIRS COMMITTEE TO THE TREATMENT DESIRED BY THE PATIENT, THE AN ACT PHYSICIAN SHALL COMPLY WITH THE PROVISIONS RELATING TO THE DIVISION OF PURCHASING; OF SECTION 39-4513(2), IDAHO CODE, BEFORE AMENDING SECTION 67-5716, IDAHO CODE, TO WITHDRAWING CARE AND TREATMENT TO THE REVISE DEFINITIONS AND TO MAKE A TECHNICAL PATIENT AND TO MAKE TECHNICAL CORRECTIONS. CORRECTION; AMENDING SECTION 67-5716, IDAHO CODE, AS AMENDED BY SECTION 1, CHAPTER 286, HOUSE BILL NO. 188 LAWS OF 2010, TO REVISE DEFINITIONS AND TO BY STATE AFFAIRS COMMITTEE MAKE A TECHNICAL CORRECTION; AMENDING AN ACT SECTION 67-5717, IDAHO CODE, TO REVISE POWERS RELATING TO PUBLIC LANDS; AMENDING SECTION AND DUTIES; REPEALING SECTION 67-5719, IDAHO 58-104, IDAHO CODE, TO REVISE THE POWERS CODE, RELATING TO STATEMENT OF SUPPLIES ON AND DUTIES OF THE STATE BOARD OF LAND HAND; AMENDING SECTION 67-5720, IDAHO CODE, TO COMMISSIONERS TO PROVIDE THAT, EXCEPT WHERE PROVIDE THAT THE ADMINISTRATOR MAY PURCHASE LAND IS USED BY A PUBLIC ENTITY FOR A PUBLIC PROPERTY IN THE OPEN MARKET IN CERTAIN PURPOSE, ALL NONAGRICULTURAL IMPROVEMENTS CIRCUMSTANCES; REPEALING SECTION 67-5721, IDAHO SHALL BE LEASED TO PRIVATE PERSONS AND CODE, RELATING TO ACQUISITION OF NONOWNED ALL BUSINESS OPERATIONS SHALL BE SOLD TO PROPERTY; REPEALING SECTION 67-5727, IDAHO PRIVATE PERSONS; AND AMENDING SECTION 58-133, CODE, RELATING TO MAINTENANCE OF STOCKS; IDAHO CODE, TO REVISE PROVISIONS RELATING AMENDING SECTION 67-5730, IDAHO CODE, TO REVISE TO THE DEPOSIT OF PROCEEDS FROM THE SALE PROVISIONS RELATING TO THE DISQUALIFICATION OF OF STATE ENDOWMENT LANDS, TO PROVIDE FOR VENDORS; REPEALING SECTION 67-5732, IDAHO CODE, THE ALLOCATION AND DEPOSIT OF SUCH PROCEEDS RELATING TO RULES; AMENDING SECTION 67-5734, AND EARNINGS THEREON IN SPECIFIED PERMANENT [February 22, 2011 HOUSE JOURNAL 115

ENDOWMENT FUNDS AND TO REMOVE PROVISIONS Third Reading of Bills and Joint Resolutions RELATING TO AUTHORIZATION FOR THE STATE BOARD OF LAND COMMISSIONERS TO HOLD PROCEEDS FROM S 1006 was read the third time at length, section by section, THE SALE OF LAND FOR A SPECIFIED TIME. and placed before the House for final consideration.

HOUSE BILL NO. 189 At this time, the Speaker recognized Mr. Henderson to open BY STATE AFFAIRS COMMITTEE debate. AN ACT The question being, "Shall S 1006 pass?" RELATING TO EMINENT DOMAIN; AMENDING SECTION 7-701, IDAHO CODE, TO PROVIDE THAT Roll call resulted as follows: CERTAIN ENTITIES EXERCISING THE RIGHT OF AYES – Anderson, Andrus, Barbieri, Barrett, Bateman, EMINENT DOMAIN IN BEHALF OF CERTAIN PUBLIC Bayer, Bedke, Bell, Bilbao, Black, Block, Bolz, Boyle, USES SHALL DEMONSTRATE THAT SUCH USE Chadderdon(Chadderdon), Collins, Crane, DeMordaunt, DIRECTLY SERVES THE INTERESTS OF THE RESIDENTS Ellsworth, Eskridge, Gibbs(Wheeler), Guthrie, Hagedorn, OF IDAHO AND TO MAKE TECHNICAL CORRECTIONS. Hart, Hartgen, Harwood, Henderson, Lake, Loertscher, Luker, Marriott, McGeachin, McMillan, Moyle, Nesset, Nielsen, HOUSE BILL NO. 190 Nonini, Palmer, Patrick, Perry, Raybould, Roberts, Schaefer, BY EDUCATION COMMITTEE Shepherd, Shirley, Simpson, Sims, Smith(24), Stevenson, AN ACT Takasugi(Batt), Thayn, Thompson, Vander Woude, Wills, RELATING TO THE PUBLIC EMPLOYEE Wood(27), Mr. Speaker. Total – 55. RETIREMENT SYSTEM; AMENDING SECTION NAYS – Buckner-Webb, Burgoyne, Chew, Cronin, Higgins, 59-1302, IDAHO CODE, TO PROVIDE THAT ANY Jaquet, Killen, King, Lacey, Pence, Ringo, Rusche, Smith(30), ORGANIZATIONS, OTHER THAN THOSE COMPOSED OF Trail. Total – 14. UNITS OF GOVERNMENT OF IDAHO, AS A CONDITION Absent and excused – Wood(35). Total – 1. OF MEETING THE DEFINITION OF "EMPLOYER" FOR Total – 70. PURPOSES OF THE PUBLIC EMPLOYEE RETIREMENT SYSTEM, AND PARTICIPATING IN THE PUBLIC Whereupon the Speaker declared that S 1006 passed the EMPLOYEE RETIREMENT SYSTEM, SHALL BE SUBJECT House. Title was approved and the bill ordered returned to the TO THE SAME PUBLIC RECORDS PROVISIONS AS Senate. SET FORTH IN SECTIONS 9-337 THROUGH 9-347, IDAHO CODE, INCLUSIVE, AS ANY PUBLIC AGENCY S 1007 was read the third time at length, section by section, OR INDEPENDENT PUBLIC BODY CORPORATE AND and placed before the House for final consideration. POLITIC IN THE STATE OF IDAHO. At this time, the Speaker recognized Mr. Henderson to open HOUSE BILL NO. 191 debate. BY STATE AFFAIRS COMMITTEE AN ACT Mr. Rusche moved that S 1007 be placed on General Orders RELATING TO PARI-MUTUEL BETTING; AMENDING for consideration. Seconded by Mr. Killen. SECTION 54-2512, IDAHO CODE, TO AUTHORIZE The question being, "Shall the motion carry?" PARI-MUTUEL BETTING ON THE RESULT OF A LIVE HORSE RACE MEET AT A FACILITY NOT LOCATED Roll call resulted as follows: ON THE GROUNDS WHERE THE WAGERING OCCURS AYES – Buckner-Webb, Burgoyne, Chew, Cronin, Higgins, UNDER CERTAIN CIRCUMSTANCES, TO PROVIDE Jaquet, Killen, King, Lacey, Luker, Nesset, Pence, Ringo, Rusche, PROCEDURES, TO PROVIDE FEES AND TO PROVIDE Smith(30), Smith(24), Trail. Total – 17. FOR THE CREATION OF THE LIVE HORSE RACE NAYS – Anderson, Andrus, Barbieri, Barrett, Bateman, PURSE DISTRIBUTION FUND AND TO PROVIDE FOR Bayer, Bedke, Bell, Bilbao, Black, Block, Bolz, Boyle, DISTRIBUTION OF EXCESS PROCEEDS FROM THE Chadderdon(Chadderdon), Collins, Crane, DeMordaunt, FUND. Ellsworth, Eskridge, Gibbs(Wheeler), Guthrie, Hagedorn, Hart, H 183, H 184, H 185, H 186, H 187, H 188, H 189, H 190, Hartgen, Harwood, Henderson, Lake, Loertscher, Marriott, and H 191 were introduced, read the first time by title, and McGeachin, McMillan, Nielsen, Nonini, Palmer, Patrick, Perry, referred to the Judiciary, Rules, and Administration Committee Raybould, Roberts, Schaefer, Shepherd, Shirley, Simpson, Sims, for printing. Stevenson, Takasugi(Batt), Thayn, Thompson, Vander Woude, Wills, Wood(27), Wood(35), Mr. Speaker. Total – 52. There being no objection, the House advanced to the Tenth Absent and excused – Moyle. Total – 1. Order of Business. Total – 70. Whereupon the Speaker declared the motion failed. Second Reading of Bills and Joint Resolutions The question being, "Shall S 1007 pass?" HCR 10 and HCR 11, by Resources and Conservation Committee, were read the second time by title and filed for third Roll call resulted as follows: reading. AYES – Anderson, Andrus, Barbieri, Barrett, Bateman, Bayer, Bedke, Bell, Bilbao, Black, Block, Bolz, Boyle, H 46, H 47, H 48, and H 49, by Health and Welfare Chadderdon(Chadderdon), Collins, Crane, DeMordaunt, Committee, were read the second time by title and filed for third Ellsworth, Eskridge, Gibbs(Wheeler), Guthrie, Hagedorn, Hart, reading. Hartgen, Harwood, Henderson, Lake, Loertscher, Marriott, 116 HOUSE JOURNAL February 22, 2011]

McGeachin, McMillan, Moyle, Nesset, Nielsen, Nonini, Palmer, Patrick, Perry, Raybould, Roberts, Schaefer, Shepherd, Shirley, Simpson, Sims, Smith(24), Stevenson, Takasugi(Batt), Thayn, Thompson, Vander Woude, Wills, Wood(27), Wood(35), Mr. Speaker. Total – 55. NAYS – Buckner-Webb, Burgoyne, Chew, Cronin, Higgins, Jaquet, Killen, King, Lacey, Luker, Pence, Ringo, Rusche, Smith(30), Trail. Total – 15. Paired Votes: AYE – Moyle NAY – Smith(30) (Pairs enumerated in roll call above.) Total – 70. Whereupon the Speaker declared that S 1007 passed the House. Title was approved and the bill ordered returned to the Senate. Mr. Bedke asked unanimous consent that the remaining bills on the Third Reading Calendar retain their places for one legislative day. There being no objection, it was so ordered. There being no objection, the House advanced to the Sixteenth Order of Business. Adjournment Mr. Bedke moved that the House adjourn until 10:30 a.m., Wednesday, February 23, 2011. Seconded by Mr. Rusche. Motion carried. Whereupon the Speaker declared the House adjourned at 12:07 p.m. LAWERENCE DENNEY, Speaker ATTEST: BONNIE ALEXANDER, Chief Clerk [February 23, 2011 HOUSE JOURNAL 117

HOUSE JOURNAL The Speaker announced he was about to sign enrolled S 1011 and S 1052 and, when so signed, ordered them returned OF THE to the Senate. February 22, 2011 IDAHO LEGISLATURE Mr. Speaker: I return herewith enrolled H 34, H 61, H 67, and H 68 which FIRST REGULAR SESSION have been signed by the President. SIXTY-FIRST LEGISLATURE WOOD, Secretary Enrolled H 34, H 61, H 67, and H 68 were referred to the Judiciary, Rules, and Administration Committee for delivery to the Governor. FORTY-FIFTH LEGISLATIVE DAY WEDNESDAY, FEBRUARY 23, 2011 February 22, 2011 Mr. Speaker: I transmit herewith S 1117 which has passed the Senate. House of Representatives WOOD, Secretary The House convened at 10:30 a.m., the Speaker in the Chair. S 1117 was filed for first reading. Roll call showed all 70 members present. February 22, 2011 Mr. Speaker: Prayer was offered by Chaplain Tom Dougherty. I return herewith HP 3 which has passed the Senate. WOOD, Secretary The Pledge of Allegiance was led by Emily Thiel, Page. HP 3 was ordered filed in the office of the Chief Clerk. Approval of Journal February 23, 2011 Report of Standing Committees Mr. Speaker: We, your COMMITTEE ON JUDICIARY, RULES, AND ADMINISTRATION, report that we have read and approved February 23, 2011 the House Journal of the Forty-fourth Legislative Day and Mr. Speaker: recommend that same be adopted as corrected. We, your COMMITTEE ON JUDICIARY, RULES, AND WILLS, Chairman ADMINISTRATION, report that we have printed HCR 15, H 183, H 184, H 185, H 186, H 187, H 188, H 189, H 190, and Mr. Wills moved that the report be adopted. Seconded by H 191. Mr. Burgoyne. Report adopted. WILLS, Chairman HCR 15 was referred to the Judiciary, Rules, and Consideration of Messages from the Administration Committee. Governor and the Senate H 183, H 184, H 187, H 189, and H 191 were referred to the State Affairs Committee. OFFICE OF THE GOVERNOR Boise H 185 was referred to the Local Government Committee. February 22, 2011 H 186 and H 188 were referred to the Resources and Conservation Committee. The Honorable Lawerence Denney Speaker of the House H 190 was referred to the Commerce and Human Resources Committee. Dear Mr. Speaker: February 22, 2011 I have the honor to advise you that I have signed today and Mr. Speaker: am transmitting to the Secretary of State the following House bill, We, your COMMITTEE ON JUDICIARY, RULES, to wit: AND ADMINISTRATION, report that we have transmitted H 27 enrolled H 60 to the Governor at 12:15 p.m., as of this date, As Always - Idaho, "Esto Perpetua" February 22, 2011. /s/ C.L. "Butch" Otter WILLS, Chairman Governor February 22, 2011 February 22, 2011 Mr. Speaker: Mr. Speaker: We, your COMMITTEE ON LOCAL GOVERNMENT, I transmit herewith enrolled S 1011 and S 1052 for the report that we have had under consideration H 148 and signature of the Speaker. recommend that it do pass. WOOD, Secretary BARRETT, Chairman 118 HOUSE JOURNAL February 23, 2011]

H 148 was filed for second reading. Chadderdon(Chadderdon), Collins, Crane, DeMordaunt, Ellsworth, Eskridge, Gibbs(Wheeler), Guthrie, Hagedorn, February 22, 2011 Hart, Hartgen, Harwood, Henderson, Lake, Loertscher, Luker, Mr. Speaker: Marriott, McGeachin, McMillan, Moyle, Nesset, Nielsen, We, your COMMITTEE ON ENVIRONMENT, ENERGY, Nonini, Palmer, Patrick, Perry, Raybould, Roberts, Schaefer, AND TECHNOLOGY, report that we have had under Shepherd, Shirley, Sims, Stevenson, Takasugi(Batt), Thayn, consideration S 1058 and recommend that it do pass. Thompson, Vander Woude, Wills, Wood(27), Wood(35), RAYBOULD, Chairman Mr. Speaker. Total – 53. S 1058 was filed for second reading. NAYS – Anderson, Buckner-Webb, Burgoyne, Chew, Cronin, Higgins, Jaquet, Killen, King, Lacey, Pence, Ringo, February 22, 2011 Rusche, Smith(30), Smith(24), Trail. Total – 16. Mr. Speaker: Absent and excused – Simpson. Total – 1. We, your COMMITTEE ON TRANSPORTATION AND Total – 70. DEFENSE, report that we have had under consideration H 144, H 147, and S 1050 and recommend that they do pass. Whereupon the Speaker declared the motion carried, and the SMITH, Chairman State Affairs Committee was excused.

H 144, H 147, and S 1050 were filed for second reading. House of Representatives February 22, 2011 State of Idaho Mr. Speaker: February 21, 2011 We, your COMMITTEE ON AGRICULTURAL AFFAIRS, report that we have had under consideration H 152 and The Honorable Dell Raybould, Chairman recommend that it do pass. Environment, Energy, and Technology Committee TRAIL, Chairman Dear Representative Raybould: H 152 was filed for second reading. February 22, 2011 I hereby designate the Environment, Energy, and Mr. Speaker: Technology Committee a privileged committee on Tuesday, We, your COMMITTEE ON HEALTH AND WELFARE, February 22, 2011, for the purpose of introducing RS 20459 report that we have had under consideration H 164, H 165, and (HCR 16). HCR 9 and recommend that they do pass. Sincerely, MCGEACHIN, Chairman /s/ Lawerence Denney H 164, H 165, and HCR 9 were filed for second reading. Speaker of the House February 23, 2011 The letter was ordered filed in the office of the Chief Clerk. Mr. Speaker: We, your COMMITTEE ON EDUCATION, report that we have had under consideration H 157, H 158, and H 159 and HOUSE CONCURRENT RESOLUTION NO. 16 recommend that they do pass. BY ENVIRONMENT, ENERGY, AND TECHNOLOGY NONINI, Chairman COMMITTEE A CONCURRENT RESOLUTION H 157, H 158, and H 159 were filed for second reading. STATING FINDINGS OF THE LEGISLATURE AND February 22, 2011 REJECTING CERTAIN RULES OF THE DEPARTMENT Mr. Speaker: OF ENVIRONMENTAL QUALITY RELATING TO WATER We, your COMMITTEE ON AGRICULTURAL AFFAIRS, QUALITY STANDARDS. report that we have had under consideration H 150 and report it Be It Resolved by the Legislature of the State of Idaho: back with amendments attached to be placed on General Orders for consideration. WHEREAS, the Legislature is vested with authority to reject TRAIL, Chairman executive agency rules under the provisions of Section 67-5291, H 150 was placed on General Orders for consideration. Idaho Code, in the event that the Legislature finds that the rules are not consistent with legislative intent; and There being no objection, the House advanced to the Seventh WHEREAS, it is the finding of the Legislature that certain Order of Business. rules of the Department of Environmental Quality relating to Water Quality Standards are not consistent with legislative intent Motions, Memorials, and Resolutions and should be rejected. Mr. Rusche asked, pursuant to Rule 45, that H 28 be reported NOW, THEREFORE, BE IT RESOLVED by the members of forthwith out of the State Affairs Committee to which it had been the First Regular Session of the Sixty-first Idaho Legislature, the referred. House of Representatives and the Senate concurring therein, that IDAPA 58.01.02, Department of Environmental Quality Rules Mr. Loertscher moved that the committee be excused. Governing Water Quality Standards, Section 010, Definitions, Seconded by Mr. Moyle. Subsection 19, "Degradation or Lower Water Quality," and The question being, "Shall the motion carry?" Section 052, Implementation, Subsection 03, General Permits, Subsection 05, Identification of Tier II Waters, and Subsection AYES – Andrus, Barbieri, Barrett, Bateman, 08.a, relating to Tier II Analysis, only, adopted as pending Bayer, Bedke, Bell, Bilbao, Black, Block, Bolz, Boyle, rules under Docket Number 58-0102-1001, be, and the same [February 23, 2011 HOUSE JOURNAL 119 are hereby rejected and declared null, void and of no force and Shirley, Sims, Smith(30), Smith(24), Stevenson, Takasugi(Batt), effect. Thayn, Thompson, Trail, Wills, Wood(27), Mr. Speaker. Total – 56. HCR 16 was introduced, read the first time by title, and NAYS – Barbieri, Barrett, Boyle, Hart, Harwood, Marriott, referred to the Judiciary, Rules, and Administration Committee McMillan, Schaefer, Shepherd, Vander Woude, Wood(35). for printing. Total – 11. Introduction, First Reading, and Reference Absent and excused – Lake, Moyle, Simpson. Total – 3. of Bills and Joint Resolutions Total – 70. Whereupon the Speaker declared that S 1060 passed the HOUSE BILL NO. 192 House. Title was approved and the bill ordered returned to the BY STATE AFFAIRS COMMITTEE Senate. AN ACT RELATING TO EMINENT DOMAIN; AMENDING H 153 was read the third time at length, section by section, SECTION 7-701A, IDAHO CODE, TO PROVIDE and placed before the House for final consideration. ADDITIONAL RESTRICTIONS ON THE USE OF EMINENT DOMAIN AND TO MAKE A TECHNICAL CORRECTION. At this time, the Speaker recognized Mr. Raybould to open debate. H 192 was introduced, read the first time by title, and referred to the Judiciary, Rules, and Administration Committee The question being, "Shall H 153 pass?" for printing. Roll call resulted as follows: S 1117, by Judiciary and Rules Committee, was introduced, AYES – Anderson, Andrus, Barbieri, Barrett, Bateman, read the first time by title, and referred to the Judiciary, Rules, Bayer, Bedke, Bell, Bilbao, Black, Block, Bolz, Boyle, and Administration Committee. Chadderdon(Chadderdon), Collins, Crane, DeMordaunt, There being no objection, the House advanced to the Tenth Ellsworth, Eskridge, Gibbs(Wheeler), Guthrie, Hagedorn, Order of Business. Hart, Hartgen, Harwood, Henderson, Lake, Loertscher, Luker, Marriott, McGeachin, McMillan, Nesset, Nielsen, Nonini, Second Reading of Bills and Joint Resolutions Palmer, Patrick, Perry, Raybould, Roberts, Schaefer, Shepherd, Shirley, Sims, Smith(24), Stevenson, Takasugi(Batt), Thayn, HCR 12, HCR 13, HCR 14, and H 163, by Health and Thompson, Vander Woude, Wills, Wood(27), Wood(35), Welfare Committee, were read the second time by title and filed Mr. Speaker. Total – 54. for third reading. NAYS – Buckner-Webb, Burgoyne, Chew, Cronin, Higgins, H 58, by State Affairs Committee, was read the second time Jaquet, Killen, King, Lacey, Pence, Ringo, Rusche, Smith(30), by title and filed for third reading. Trail. Total – 14. Absent and excused – Moyle, Simpson. Total – 2. H 81, H 82, and H 83, by Business Committee, were read Total – 70. the second time by title and filed for third reading. Whereupon the Speaker declared that H 153 passed the H 85, H 94, H 136, and H 138, by Resources and House. Title was approved and the bill ordered transmitted to Conservation Committee, were read the second time by title and the Senate. filed for third reading. H 140 was read the third time at length, section by section, H 167, by Education Committee, was read the second time and placed before the House for final consideration. by title and filed for third reading. At this time, the Speaker recognized Mr. Killen to open H 172 and H 178, by Revenue and Taxation Committee, were debate. read the second time by title and filed for third reading. Third Reading of Bills and Joint Resolutions Mr. Killen asked unanimous consent, pursuant to Rule 46, that H 140 be corrected as follows: Mr. Moyle asked unanimous consent that H 55, H 96, H 97, Page 3, line 47, change "committment" to "commitment". H 110, and H 114 be placed at the bottom of the Third Reading Calendar. There being no objection, it was so ordered. There being no objection, it was so ordered. S 1060 was read the third time at length, section by section, The question being, "Shall H 140, as corrected, pass?" and placed before the House for final consideration. At this time, the Speaker recognized Ms. Ellsworth to open Roll call resulted as follows: debate. AYES – Anderson, Andrus, Barbieri, Barrett, Bateman, Bayer, Bedke, Bell, Bilbao, Black, Block, Bolz, Boyle, The question being, "Shall S 1060 pass?" Buckner-Webb, Burgoyne, Chadderdon(Chadderdon), Chew, Collins, Crane, Cronin, DeMordaunt, Ellsworth, Eskridge, Roll call resulted as follows: Gibbs(Wheeler), Guthrie, Hagedorn, Hart, Hartgen, Harwood, AYES – Anderson, Andrus, Bateman, Bayer, Bedke, Henderson, Higgins, Jaquet, Killen, King, Lacey, Lake, Bell, Bilbao, Black, Block, Bolz, Buckner-Webb, Burgoyne, Loertscher, Luker, Marriott, McGeachin, McMillan, Nesset, Chadderdon(Chadderdon), Chew, Collins, Crane, Cronin, Nielsen, Nonini, Palmer, Patrick, Pence, Perry, Raybould, DeMordaunt, Ellsworth, Eskridge, Gibbs(Wheeler), Guthrie, Ringo, Roberts, Rusche, Schaefer, Shepherd, Shirley, Simpson, Hagedorn, Hartgen, Henderson, Higgins, Jaquet, Killen, King, Smith(30), Smith(24), Stevenson, Takasugi(Batt), Thayn, Lacey, Loertscher, Luker, McGeachin, Nesset, Nielsen, Nonini, Thompson, Trail, Vander Woude, Wills, Wood(27), Wood(35), Palmer, Patrick, Pence, Perry, Raybould, Ringo, Roberts, Rusche, Mr. Speaker. Total – 68. 120 HOUSE JOURNAL February 23, 2011]

NAYS – Sims. Total – 1. At this time, the Speaker recognized Mr. Luker to open Absent and excused – Moyle. Total – 1. debate. Total – 70. The question being, "Shall S 1045 pass?" Whereupon the Speaker declared that H 140, as corrected, passed the House. Title was approved and the bill ordered Roll call resulted as follows: transmitted to the Senate. AYES – Anderson, Andrus, Barbieri, Barrett, Bateman, Bayer, Bedke, Bell, Bilbao, Black, Block, Bolz, Boyle, S 1010 was read the third time at length, section by section, Buckner-Webb, Burgoyne, Chadderdon(Chadderdon), and placed before the House for final consideration. Chew, Collins, Cronin, DeMordaunt, Ellsworth, Eskridge, At this time, the Speaker recognized Mr. Bolz to open debate. Gibbs(Wheeler), Guthrie, Hagedorn, Hart, Hartgen, Harwood, Henderson, Higgins, Jaquet, Killen, King, Lacey, Lake, The question being, "Shall S 1010 pass?" Loertscher, Luker, Marriott, McGeachin, McMillan, Nesset, Nielsen, Nonini, Palmer, Patrick, Pence, Perry, Raybould, Ringo, Roll call resulted as follows: Roberts, Rusche, Shepherd, Shirley, Simpson, Sims, Smith(30), AYES – Anderson, Andrus, Barbieri, Barrett, Bateman, Smith(24), Stevenson, Takasugi(Batt), Thayn, Thompson, Trail, Bayer, Bedke, Bell, Bilbao, Black, Block, Bolz, Boyle, Vander Woude, Wills, Wood(27), Wood(35), Mr. Speaker. Buckner-Webb, Burgoyne, Chadderdon(Chadderdon), Chew, Total – 67. Collins, Crane, Cronin, DeMordaunt, Ellsworth, Eskridge, NAYS – None. Gibbs(Wheeler), Guthrie, Hagedorn, Hart, Hartgen, Harwood, Absent and excused – Crane, Moyle, Schaefer. Total – 3. Henderson, Higgins, Jaquet, Killen, King, Lacey, Lake, Total – 70. Loertscher, Luker, Marriott, McGeachin, McMillan, Nesset, Nielsen, Nonini, Palmer, Patrick, Pence, Perry, Raybould, Whereupon the Speaker declared that S 1045 passed the Ringo, Roberts, Rusche, Schaefer, Shepherd, Shirley, Simpson, House. Title was approved and the bill ordered returned to the Sims, Smith(30), Smith(24), Stevenson, Takasugi(Batt), Thayn, Senate. Thompson, Trail, Vander Woude, Wills, Wood(27), Wood(35), S 1056 was read the third time at length, section by section, Mr. Speaker. Total – 69. and placed before the House for final consideration. NAYS – None. Absent and excused – Moyle. Total – 1. At this time, the Speaker recognized Mr. Hart to open debate. Total – 70. The question being, "Shall S 1056 pass?" Whereupon the Speaker declared that S 1010 passed the House. Title was approved and the bill ordered returned to the Roll call resulted as follows: Senate. AYES – Anderson, Andrus, Barbieri, Barrett, Bateman, Bayer, Bedke, Bell, Bilbao, Black, Block, Bolz, Boyle, S 1012 was read the third time at length, section by section, Buckner-Webb, Burgoyne, Chadderdon(Chadderdon), Chew, and placed before the House for final consideration. Collins, Crane, Cronin, DeMordaunt, Ellsworth, Eskridge, Gibbs(Wheeler), Guthrie, Hagedorn, Hart, Hartgen, Harwood, At this time, the Speaker recognized Mr. Bateman to open Henderson, Higgins, Jaquet, Killen, King, Lacey, Lake, debate. Loertscher, Luker, Marriott, McGeachin, McMillan, Nesset, The question being, "Shall S 1012 pass?" Nielsen, Nonini, Palmer, Patrick, Pence, Perry, Raybould, Ringo, Roberts, Rusche, Schaefer, Shepherd, Shirley, Simpson, Roll call resulted as follows: Sims, Smith(30), Smith(24), Stevenson, Takasugi(Batt), Thayn, AYES – Anderson, Andrus, Barbieri, Barrett, Bateman, Thompson, Trail, Vander Woude, Wills, Wood(27), Wood(35), Bayer, Bedke, Bell, Bilbao, Black, Block, Bolz, Boyle, Mr. Speaker. Total – 69. Buckner-Webb, Burgoyne, Chadderdon(Chadderdon), Chew, NAYS – None. Collins, Crane, Cronin, DeMordaunt, Ellsworth, Eskridge, Absent and excused – Moyle. Total – 1. Gibbs(Wheeler), Guthrie, Hagedorn, Hart, Hartgen, Harwood, Total – 70. Henderson, Higgins, Jaquet, Killen, King, Lacey, Lake, Whereupon the Speaker declared that S 1056 passed the Loertscher, Luker, Marriott, McGeachin, McMillan, Nesset, House. Title was approved and the bill ordered returned to the Nielsen, Nonini, Palmer, Pence, Perry, Raybould, Ringo, Roberts, Senate. Rusche, Schaefer, Shepherd, Shirley, Simpson, Sims, Smith(30), Smith(24), Stevenson, Takasugi(Batt), Thayn, Thompson, Trail, H 84 was read the third time at length, section by section, Vander Woude, Wills, Wood(27), Wood(35), Mr. Speaker. and placed before the House for final consideration. Total – 68. NAYS – None. At this time, the Speaker recognized Mr. Hagedorn to open Absent and excused – Moyle, Patrick. Total – 2. debate. Total – 70. Pursuant to Rule 38(3), Mr. Andrus disclosed a conflict of Whereupon the Speaker declared that S 1012 passed the interest regarding H 84. House. Title was approved and the bill ordered returned to the The question being, "Shall H 84 pass?" Senate. At this time, Mr. Moyle introduced Congressman Roll call resulted as follows: Raul Labrador, who spoke briefly to the members of the House. AYES – Anderson, Barrett, Bateman, Bayer, Bedke, Bell, Bilbao, Block, Bolz, Buckner-Webb, Burgoyne, S 1045 was read the third time at length, section by section, Chadderdon(Chadderdon), Chew, Collins, Cronin, Ellsworth, and placed before the House for final consideration. Eskridge, Gibbs(Wheeler), Hagedorn, Hart, Harwood, [February 23, 2011 HOUSE JOURNAL 121

Henderson, Higgins, Jaquet, Killen, King, Lacey, Lake, Whereupon the Speaker declared that H 143 passed the McGeachin, Nesset, Patrick, Pence, Perry, Raybould, House. Title was approved and the bill ordered transmitted to Ringo, Rusche, Shirley, Smith(30), Smith(24), Stevenson, the Senate. Takasugi(Batt), Thayn, Trail, Vander Woude, Wills, Wood(27), Wood(35). Total – 47. NAYS – Andrus, Barbieri, Boyle, Crane, DeMordaunt, HCR 10 was read the third time at length and placed before Guthrie, Hartgen, Loertscher, Luker, Marriott, McMillan, Moyle, the House for final consideration. Nielsen, Nonini, Palmer, Roberts, Schaefer, Shepherd, Simpson, Sims, Thompson, Mr. Speaker. Total – 22. At this time, the Speaker recognized Mr. Shepherd to open Absent and excused – Black. Total – 1. debate. Total – 70. Pursuant to Rule 38(3), Mr. Shepherd disclosed a conflict of Whereupon the Speaker declared that H 84 passed the House. interest regarding HCR 10. Title was approved and the bill ordered transmitted to the Senate. The question being, "Shall HCR 10 be adopted?" H 135 was read the third time at length, section by section, and placed before the House for final consideration. Roll call resulted as follows: AYES – Anderson, Andrus, Barbieri, Barrett, Bateman, At this time, the Speaker recognized Mrs. Wood(35) and Bayer, Bedke, Bell, Bilbao, Black, Block, Bolz, Boyle, Mr. Nesset to open debate. Buckner-Webb, Burgoyne, Chadderdon(Chadderdon), Chew, Collins, Crane, Cronin, DeMordaunt, Ellsworth, Eskridge, Gibbs(Wheeler), Guthrie, Hagedorn, Hart, Hartgen, Harwood, The question being, "Shall H 135 pass?" Henderson, Higgins, Jaquet, Killen, King, Lacey, Lake, Loertscher, Luker, Marriott, McGeachin, McMillan, Moyle, Roll call resulted as follows: Nesset, Nielsen, Nonini, Palmer, Patrick, Pence, Perry, Raybould, AYES – Anderson, Andrus, Barbieri, Barrett, Bateman, Ringo, Roberts, Rusche, Schaefer, Shepherd, Shirley, Simpson, Bayer, Bedke, Bell, Bilbao, Block, Bolz, Boyle, Buckner-Webb, Sims, Smith(30), Smith(24), Stevenson, Takasugi(Batt), Thayn, Burgoyne, Chadderdon(Chadderdon), Chew, Collins, Crane, Thompson, Trail, Vander Woude, Wills, Wood(27), Wood(35), Cronin, DeMordaunt, Ellsworth, Eskridge, Gibbs(Wheeler), Mr. Speaker. Total – 70. Guthrie, Hagedorn, Hart, Hartgen, Harwood, Henderson, NAYS – None. Higgins, Jaquet, Killen, King, Lacey, Lake, Loertscher, Luker, Marriott, McGeachin, McMillan, Moyle, Nesset, Nielsen, Whereupon the Speaker declared HCR 10 adopted and Nonini, Palmer, Patrick, Pence, Perry, Raybould, Ringo, Roberts, ordered the resolution transmitted to the Senate. Rusche, Schaefer, Shepherd, Shirley, Simpson, Sims, Smith(30), Smith(24), Stevenson, Takasugi(Batt), Thayn, Thompson, Trail, HCR 11 was read the third time at length and placed before Vander Woude, Wills, Wood(27), Wood(35), Mr. Speaker. the House for final consideration. Total – 69. At this time, the Speaker recognized Mr. Wood(27) to open NAYS – None. debate. Absent and excused – Black. Total – 1. Total – 70. The question being, "Shall HCR 11 be adopted?"

Whereupon the Speaker declared that H 135 passed the Roll call resulted as follows: House. Title was approved and the bill ordered transmitted to AYES – Anderson, Andrus, Barbieri, Barrett, Bateman, the Senate. Bayer, Bedke, Bell, Bilbao, Black, Block, Bolz, Boyle, Buckner-Webb, Burgoyne, Chadderdon(Chadderdon), Chew, H 143 was read the third time at length, section by section, Collins, Crane, Cronin, DeMordaunt, Ellsworth, Eskridge, and placed before the House for final consideration. Guthrie, Hagedorn, Hart, Hartgen, Harwood, Henderson, Higgins, Jaquet, King, Lake, Loertscher, Luker, Marriott, At this time, the Speaker recognized Mr. Patrick to open McGeachin, McMillan, Moyle, Nesset, Nielsen, Nonini, Palmer, debate. Patrick, Pence, Perry, Raybould, Roberts, Schaefer, Shepherd, Shirley, Simpson, Sims, Smith(30), Smith(24), Stevenson, The question being, "Shall H 143 pass?" Takasugi(Batt), Thayn, Thompson, Trail, Vander Woude, Wills, Wood(27), Wood(35), Mr. Speaker. Total – 65. Roll call resulted as follows: NAYS – Gibbs(Wheeler), Killen, Lacey, Ringo, Rusche. AYES – Anderson, Andrus, Barbieri, Barrett, Bateman, Total – 5. Bayer, Bedke, Bell, Bilbao, Black, Block, Bolz, Boyle, Total – 70. Buckner-Webb, Burgoyne, Chadderdon(Chadderdon), Chew, Collins, Crane, Cronin, DeMordaunt, Ellsworth, Eskridge, Whereupon the Speaker declared HCR 11 adopted and Gibbs(Wheeler), Guthrie, Hagedorn, Hart, Hartgen, Harwood, ordered the resolution transmitted to the Senate. Henderson, Higgins, Jaquet, Killen, King, Lacey, Lake, Loertscher, Luker, Marriott, McGeachin, McMillan, Moyle, H 46 was read the third time at length, section by section, Nesset, Nielsen, Nonini, Palmer, Patrick, Pence, Perry, Raybould, and placed before the House for final consideration. Ringo, Roberts, Rusche, Schaefer, Shepherd, Shirley, Simpson, At this time, the Speaker recognized Ms. Chew to open Sims, Smith(30), Smith(24), Stevenson, Takasugi(Batt), Thayn, debate. Thompson, Trail, Vander Woude, Wills, Wood(27), Wood(35), Mr. Speaker. Total – 70. The question being, "Shall H 46 pass?" NAYS – None. 122 HOUSE JOURNAL February 23, 2011]

Roll call resulted as follows: Whereupon the Speaker declared that H 48 passed the House. AYES – Anderson, Andrus, Barbieri, Barrett, Bateman, Title was approved and the bill ordered transmitted to the Senate. Bayer, Bedke, Bell, Bilbao, Black, Block, Bolz, Boyle, Buckner-Webb, Burgoyne, Chadderdon(Chadderdon), Chew, H 49 was read the third time at length, section by section, Collins, Crane, Cronin, DeMordaunt, Ellsworth, Eskridge, and placed before the House for final consideration. Gibbs(Wheeler), Guthrie, Hagedorn, Hart, Hartgen, Harwood, Henderson, Higgins, Jaquet, Killen, King, Lacey, Lake, At this time, the Speaker recognized Mr. Roberts to open Loertscher, Luker, Marriott, McGeachin, McMillan, Moyle, debate. Nesset, Nielsen, Nonini, Palmer, Patrick, Pence, Perry, Raybould, The question being, "Shall H 49 pass?" Ringo, Roberts, Rusche, Schaefer, Shepherd, Shirley, Simpson, Sims, Smith(30), Smith(24), Stevenson, Takasugi(Batt), Thayn, Roll call resulted as follows: Thompson, Trail, Vander Woude, Wills, Wood(27), Wood(35), AYES – Anderson, Andrus, Barbieri, Barrett, Bateman, Mr. Speaker. Total – 70. Bayer, Bedke, Bell, Bilbao, Black, Block, Bolz, Boyle, NAYS – None. Buckner-Webb, Burgoyne, Chadderdon(Chadderdon), Chew, Whereupon the Speaker declared that H 46 passed the House. Collins, Crane, Cronin, DeMordaunt, Ellsworth, Eskridge, Title was approved and the bill ordered transmitted to the Senate. Gibbs(Wheeler), Guthrie, Hagedorn, Hart, Hartgen, Harwood, Henderson, Higgins, Jaquet, Killen, King, Lacey, Lake, H 47 was read the third time at length, section by section, Loertscher, Luker, Marriott, McGeachin, McMillan, Moyle, and placed before the House for final consideration. Nesset, Nielsen, Nonini, Palmer, Patrick, Pence, Perry, Raybould, Ringo, Roberts, Rusche, Schaefer, Shepherd, Shirley, Simpson, At this time, the Speaker recognized Mr. Rusche to open Sims, Smith(30), Smith(24), Stevenson, Takasugi(Batt), Thayn, debate. Thompson, Trail, Vander Woude, Wills, Wood(27), Wood(35), Mr. Speaker. Total – 70. The question being, "Shall H 47 pass?" NAYS – None. Roll call resulted as follows: Whereupon the Speaker declared that H 49 passed the House. AYES – Anderson, Andrus, Barbieri, Barrett, Bateman, Title was approved and the bill ordered transmitted to the Senate. Bayer, Bedke, Bell, Bilbao, Black, Block, Bolz, Boyle, Buckner-Webb, Burgoyne, Chadderdon(Chadderdon), Chew, Mr. Moyle asked unanimous consent that the remaining Collins, Crane, Cronin, DeMordaunt, Ellsworth, Eskridge, bills on the Third Reading Calendar retain their places for one Gibbs(Wheeler), Guthrie, Hagedorn, Hart, Hartgen, Harwood, legislative day. There being no objection, it was so ordered. Henderson, Higgins, Jaquet, Killen, King, Lacey, Lake, Loertscher, Luker, Marriott, McGeachin, McMillan, Nesset, There being no objection, the House advanced to the Nielsen, Nonini, Palmer, Patrick, Pence, Perry, Raybould, Sixteenth Order of Business. Ringo, Roberts, Rusche, Schaefer, Shepherd, Shirley, Simpson, Adjournment Sims, Smith(30), Smith(24), Stevenson, Takasugi(Batt), Thayn, Thompson, Trail, Vander Woude, Wills, Wood(27), Mr. Speaker. Mr. Moyle moved that the House adjourn until 10:30 a.m., Total – 68. Thursday, February 24, 2011. Seconded by Mr. Rusche. Motion NAYS – Moyle. Total – 1. carried. Absent and excused – Wood(35). Total – 1. Total – 70. Whereupon the Speaker declared the House adjourned at 12:03 p.m. Whereupon the Speaker declared that H 47 passed the House. LAWERENCE DENNEY, Speaker Title was approved and the bill ordered transmitted to the Senate. ATTEST: H 48 was read the third time at length, section by section, BONNIE ALEXANDER, Chief Clerk and placed before the House for final consideration. At this time, the Speaker recognized Mr. Wood(27) to open debate. The question being, "Shall H 48 pass?"

HOUSE JOURNAL February 23, 2011 Mr. Speaker: OF THE I return herewith enrolled H 70, H 71, H 72, H 74, H 89, H 90, and H 45 which have been signed by the President. IDAHO LEGISLATURE WOOD, Secretary Enrolled H 70, H 71, H 72, H 74, H 89, H 90, and H 45 were FIRST REGULAR SESSION referred to the Judiciary, Rules, and Administration Committee SIXTY-FIRST LEGISLATURE for delivery to the Governor. February 23, 2011 Mr. Speaker: I transmit herewith S 1063, S 1097, S 1066, S 1077, S 1087, FORTY-SIXTH LEGISLATIVE DAY S 1090, and S 1049 which have passed the Senate. THURSDAY, FEBRUARY 24, 2011 WOOD, Secretary S 1063, S 1097, S 1066, S 1077, S 1087, S 1090, and S 1049 were filed for first reading. House of Representatives The House convened at 10:30 a.m., the Speaker in the Chair. Report of Standing Committees Roll call showed all 70 members present. February 24, 2011 Prayer was offered by Chaplain Tom Dougherty. Mr. Speaker: We, your COMMITTEE ON JUDICIARY, RULES, AND The Pledge of Allegiance was led by Trent Duenas, Page. ADMINISTRATION, report that we have printed HCR 16 and H 192. Approval of Journal WILLS, Chairman February 24, 2011 HCR 16 was filed for second reading. Mr. Speaker: We, your COMMITTEE ON JUDICIARY, RULES, AND H 192 was referred to the State Affairs Committee. ADMINISTRATION, report that we have read and approved the House Journal of the Forty-fifth Legislative Day and recommend February 23, 2011 that same be adopted as corrected. Mr. Speaker: WILLS, Chairman We, your COMMITTEE ON JUDICIARY, RULES, AND ADMINISTRATION, report that we have transmitted enrolled Mr. Wills moved that the report be adopted. Seconded by H 34, H 61, H 67, and H 68 to the Governor at 1:20 p.m., as Mr. Burgoyne. Report adopted. of this date, February 23, 2011. Consideration of Messages from the WILLS, Chairman Governor and the Senate February 23, 2011 OFFICE OF THE GOVERNOR Mr. Speaker: Boise We, your COMMITTEE ON STATE AFFAIRS, report February 23, 2011 that we have had under consideration H 174 and H 175 and recommend that they do pass. The Honorable Lawerence Denney LOERTSCHER, Chairman Speaker of the House H 174 and H 175 were filed for second reading. Dear Mr. Speaker: February 23, 2011 I have the honor to advise you that I have signed today and Mr. Speaker: am transmitting to the Secretary of State the following House We, your COMMITTEE ON REVENUE AND TAXATION, bills, to wit: report that we have had under consideration S 1079 and H 13, H 60, H 34, H 68, H 67, and H 61 recommend that it do pass. LAKE, Chairman As Always - Idaho, "Esto Perpetua" /s/ C.L. "Butch" Otter S 1079 was filed for second reading. Governor February 23, 2011 February 23, 2011 Mr. Speaker: Mr. Speaker: We, your COMMITTEE ON RESOURCES AND I transmit herewith enrolled S 1008, S 1009, S 1014, S 1029, CONSERVATION, report that we have had under consideration S 1030, and S 1031 for the signature of the Speaker. H 23, H 22, H 24, H 25, and H 31 and recommend that they do WOOD, Secretary pass. STEVENSON, Chairman The Speaker announced he was about to sign enrolled S 1008, S 1009, S 1014, S 1029, S 1030, and S 1031 and, when H 23, H 22, H 24, H 25, and H 31 were filed for second so signed, ordered them returned to the Senate. reading. 124 HOUSE JOURNAL February 24, 2011]

February 23, 2011 commerce and is, therefore, a power reserved to the state or the Mr. Speaker: people of the state of Idaho pursuant to the Tenth Amendment We, your COMMITTEE ON COMMERCE AND HUMAN of the United States Constitution; and RESOURCES, report that we have had under consideration WHEREAS, by the EPA's own admission, blood lead testing H 109, H 122, H 129, and H 154 and recommend that they do of local residents has proven that any alleged human health pass. hazard has been effectively eliminated, to the extent that such a BLOCK, Chairman hazard ever existed; and WHEREAS, the EPA is now proposing a plan in which H 109, H 122, H 129, and H 154 were filed for second it will perpetuate its unconstitutional, economically paralyzing reading. usurpation of state and local authority for another fifty to ninety February 23, 2011 years at an estimated cost of one billion three hundred million Mr. Speaker: dollars. We, your COMMITTEE ON BUSINESS, report that we NOW, THEREFORE, BE IT RESOLVED by the members have had under consideration H 130, H 131, and H 132 and of the First Regular Session of the Sixty-first Idaho Legislature, recommend that they do pass. the House of Representatives and the Senate concurring therein, BLACK, Chairman that the Legislature of the state of Idaho vehemently opposes and rejects the Record of Decision (ROD) amendment proposed by H 130, H 131, and H 132 were filed for second reading. the EPA, and hereby demands that our local, state, and federal elected officials do all in their power in order to ensure that the February 23, 2011 EPA presence in Shoshone County ends and that the Superfund Mr. Speaker: designation be rescinded within the next five years. We, your COMMITTEE ON REVENUE AND TAXATION, BE IT FURTHER RESOLVED that the Chief Clerk of the report that we have had under consideration S 1053, as amended, House of Representatives be, and she is hereby authorized and and report it back with amendments attached to be placed on directed to forward a copy of this Resolution to the President General Orders for consideration. of the Senate and the Speaker of the House of Representatives LAKE, Chairman of the United States Congress, and the congressional delegation S 1053, as amended, was placed on General Orders for representing the State of Idaho in the Congress of the United consideration. States. There being no objection, the House advanced to the Seventh HCR 17 was introduced, read the first time by title, and Order of Business. referred to the Judiciary, Rules, and Administration Committee for printing. Motions, Memorials, and Resolutions Introduction, First Reading, and Reference HOUSE CONCURRENT RESOLUTION NO. 17 of Bills and Joint Resolutions BY STATE AFFAIRS COMMITTEE A CONCURRENT RESOLUTION HOUSE BILL NO. 193 STATING FINDINGS OF THE LEGISLATURE AND BY STATE AFFAIRS COMMITTEE OPPOSING AND REJECTING THE RECORD OF DECISION AN ACT AMENDMENT PROPOSED BY THE ENVIRONMENTAL RELATING TO MOTOR VEHICLES; AMENDING PROTECTION AGENCY AND HEREBY DEMANDS SECTION 49-1004, IDAHO CODE, TO PROVIDE THAT THAT OUR LOCAL, STATE, AND FEDERAL ELECTED IN CERTAIN ACTIONS OR PROCEEDINGS THE COURT OFFICIALS DO ALL IN THEIR POWER IN ORDER TO SHALL REQUIRE A SECURITY, TO PROVIDE THAT IN ENSURE THAT THE ENVIRONMENTAL PROTECTION CERTAIN FINAL JUDGMENTS OR FINAL DECISIONS THE AGENCY PRESENCE IN SHOSHONE COUNTY END AND COURT SHALL DETERMINE AN AMOUNT OF MONEYS THAT THE SUPERFUND DESIGNATION BE RESCINDED TO BE AWARDED AND TO MAKE A TECHNICAL WITHIN THE NEXT FIVE YEARS; AND REQUESTING CORRECTION. THE RESOLUTION BE SENT TO THE PRESIDENT OF THE SENATE AND THE SPEAKER OF THE HOUSE HOUSE BILL NO. 194 OF REPRESENTATIVES OF CONGRESS, AND THE BY STATE AFFAIRS COMMITTEE CONGRESSIONAL DELEGATION REPRESENTING THE AN ACT STATE OF IDAHO IN THE CONGRESS OF THE UNITED RELATING TO A SALES AND USE TAX REBATE FOR STATES. THE SALES OR USE OF TANGIBLE PERSONAL PROPERTY USED DIRECTLY BY A MEDIA PRODUCTION COMPANY Be It Resolved by the Legislature of the State of Idaho: IN A MEDIA PRODUCTION PROJECT; AMENDING SECTION 2, CHAPTER 219, LAWS OF 2006, TO EXTEND WHEREAS, the United States Environmental Protection THE SUNSET CLAUSE. Agency (EPA) has, for the past three decades, crippled industrial development in Shoshone County through its "Superfund" HOUSE BILL NO. 195 designation, based upon highly questionable scientific data; and BY STATE AFFAIRS COMMITTEE WHEREAS, this designation has resulted in the loss of AN ACT thousands of well-paying jobs in the natural resource sector, RELATING TO MOTOR VEHICLE DEALERS AND while only creating a significantly lesser number of low-paying, SALESMEN LICENSING; AMENDING SECTION 49-104, seasonal jobs, which do not provide benefits to employees; and IDAHO CODE, TO REVISE DEFINITIONS; AMENDING WHEREAS, the abatement of any alleged local SECTION 49-107, IDAHO CODE, TO REVISE DEFINITIONS environmental "pollution" or "contamination" is neither AND TO MAKE TECHNICAL CORRECTIONS; AMENDING necessary nor proper to effect the regulation of interstate SECTION 49-1613, IDAHO CODE, TO REVISE PROVISIONS [February 24, 2011 HOUSE JOURNAL 125

RELATING TO UNLAWFUL ACTS BY CERTAIN ORDINANCE, RESOLUTION OR PROCEEDING OR MANUFACTURERS OR DISTRIBUTORS AND TO MAKE CERTAIN BONDS, TO PROVIDE THAT NOTHING IN TECHNICAL CORRECTIONS; AND AMENDING SECTION THIS SECTION SHALL BAR A CHALLENGE AND TO 49-1626, IDAHO CODE, TO REVISE PROVISIONS CORRECT A CODIFIER'S ERROR; AND AMENDING RELATING TO DEALERS' SUBMISSION OF WARRANTY SECTION 50-2911, IDAHO CODE, TO REVISE CERTAIN CLAIMS, TO PROVIDE FOR CERTAIN LEGAL ACTION, PERIODS OF TIME RELATING TO CONTESTING THE TO PROVIDE PROVISIONS RELATING TO CERTAIN CERTAIN ORDINANCE, RESOLUTION OR PROCEEDING SCHEDULES OF COMPENSATION, TO PROVIDE OR CERTAIN BONDS, TO PROVIDE THAT NOTHING IN THAT IT IS UNLAWFUL FOR A MANUFACTURER OR THIS SECTION SHALL BAR A CHALLENGE AND TO DISTRIBUTOR OR SUBSIDIARY TO OWN, OPERATE MAKE TECHNICAL CORRECTIONS. OR CONTROL A MOTOR VEHICLE WARRANTY OR SERVICE FACILITY, TO PROVIDE FOR EXCEPTIONS, HOUSE BILL NO. 199 TO PROVIDE PROVISIONS RELATING TO CERTAIN BY WAYS AND MEANS COMMITTEE WARRANTY PARTS AND LABOR AND TO PROVIDE FOR AN ACT APPLICATION OF LAWS. RELATING TO ABANDONMENT AND VACATION OF COUNTY AND HIGHWAY DISTRICT SYSTEM HIGHWAYS HOUSE BILL NO. 196 OR PUBLIC RIGHTS-OF-WAY; AMENDING SECTION BY REVENUE AND TAXATION COMMITTEE 40-203, IDAHO CODE, TO PROVIDE ALL ABUTTING AN ACT PROPERTY OWNERS SHALL HAVE THE RIGHT OF RELATING TO TAXATION OF CIGARETTES SOLD CONTINUED ACCESS ON THE ABANDONED HIGHWAY ON INDIAN RESERVATIONS IN IDAHO; PROVIDING OR PUBLIC RIGHT-OF-WAY BY VIRTUE OF THE MANNER LEGISLATIVE FINDINGS; AMENDING SECTION 63-2506, AND EXTENT TO WHICH THE HIGHWAY OR PUBLIC IDAHO CODE, TO PROVIDE THE LEGAL INCIDENCE OF RIGHT-OF-WAY HAS THERETOFORE NECESSARILY THE CIGARETTE TAX IMPOSED BY CERTAIN SECTIONS AND CUSTOMARILY BEEN USED BY THOSE PROPERTY OF IDAHO CODE IS ON THE PERSON WHO PURCHASES OWNERS AND TO MAKE A TECHNICAL CORRECTION; CIGARETTES IN IDAHO FROM A RETAILER; AMENDING AND DECLARING AN EMERGENCY. CHAPTER 25, TITLE 63, IDAHO CODE, BY THE ADDITION OF A NEW SECTION 63-2506A, IDAHO CODE, TO HOUSE BILL NO. 200 PROVIDE FOR TAXATION OF, EXEMPTION FROM, BY REVENUE AND TAXATION COMMITTEE AND CREDITS FOR SALE OF CIGARETTES ON INDIAN AN ACT RESERVATIONS IN IDAHO; AMENDING CHAPTER 25, RELATING TO THE OCCUPANCY TAX; AMENDING TITLE 63, IDAHO CODE, BY THE ADDITION OF A SECTION 63-317, IDAHO CODE, TO PROVIDE FOR NEW SECTION 63-2506B, IDAHO CODE, TO PROVIDE NEWLY CONSTRUCTED IMPROVEMENTS, UPON FOR IMPLEMENTATION OF THE EXEMPTION FROM WHICH NO OCCUPANCY TAX HAS BEEN CHARGED, TAXATION PRESCRIBED BY SECTION 63-2506A, IDAHO TO PROVIDE THAT THE COUNTY ASSESSOR SHALL CODE; AMENDING CHAPTER 25, TITLE 63, IDAHO NOTIFY THE OWNER OR LANDOWNER THAT THE CODE, BY THE ADDITION OF A NEW SECTION 63-2506C, IMPROVEMENT WILL BE CONSIDERED OCCUPIED IDAHO CODE, TO PROVIDE A DEFINITION OF INDIAN FOR THE CURRENT YEAR BY A CERTAIN DATE, TO TRIBE AND MEMBER FOR PURPOSES OF SECTIONS DELETE PROCEDURES FOR NOTIFYING THE COUNTY OF THIS ACT; AMENDING SECTION 39-5707, IDAHO BOARD OF EQUALIZATION AND TO DELETE CERTAIN CODE, TO PROVIDE THAT STATE CIGARETTE EXCISE PENALTIES; DECLARING AN EMERGENCY AND TAXES ARE PART OF THE COSTS OF A TOBACCO PROVIDING RETROACTIVE APPLICATION. PRODUCT; DECLARING AN EMERGENCY, PROVIDING AN EFFECTIVE DATE AND PROVIDING APPLICATION. HOUSE BILL NO. 201 BY EDUCATION COMMITTEE HOUSE BILL NO. 197 AN ACT BY REVENUE AND TAXATION COMMITTEE RELATING TO EMPLOYEES OF SCHOOL DISTRICTS; AN ACT AMENDING SECTION 33-1208, IDAHO CODE, TO RELATING TO EDUCATION AND BUDGET AND PROVIDE THAT THE STATE BOARD OF EDUCATION TAX LEVIES; AMENDING SECTION 33-802, IDAHO PROFESSIONAL STANDARDS COMMISSION MAY TAKE CODE, TO REMOVE LANGUAGE RELATING TO THE CERTAIN ACTIONS ON CERTAIN CERTIFICATES, TO PROVISION THAT CERTAIN SCHOOL DISTRICTS MAY PROVIDE THAT THE STATE BOARD OF EDUCATION AUTHORIZE A BUDGET STABILIZATION LEVY AND PROFESSIONAL STANDARDS COMMISSION SHALL TO ELIMINATE A RELATED NOTICE REQUIREMENT; PERMANENTLY REVOKE CERTAIN CERTIFICATES, TO AND AMENDING SECTIONS 33-808 AND 50-2908, IDAHO PROVIDE THAT THE STATE BOARD OF EDUCATION CODE, TO PROVIDE CORRECT CODE REFERENCES; AND PROFESSIONAL STANDARDS COMMISSION MAY PROVIDING AN EFFECTIVE DATE. INVESTIGATE ANY ALLEGATION OF CERTAIN CONDUCT AND TO PROVIDE THAT THE STATE HOUSE BILL NO. 198 BOARD OF EDUCATION PROFESSIONAL STANDARDS BY WAYS AND MEANS COMMITTEE COMMISSION MAY DENY THE ISSUANCE OF A AN ACT CERTIFICATE FOR ANY REASON THAT WOULD BE RELATING TO URBAN RENEWAL; AMENDING A GROUND FOR REVOCATION OR SUSPENSION; SECTION 50-2027, IDAHO CODE, TO MAKE TECHNICAL AMENDING SECTION 33-1209, IDAHO CODE, TO REVISE CORRECTIONS, TO DELETE REFERENCE TO AN PROCEDURES, PROCESSES AND FEES BEFORE THE ARCHAIC CODE SECTION, TO REVISE CERTAIN PERIODS PROFESSIONAL STANDARDS COMMISSION, TO DEFINE OF TIME RELATING TO CONTESTING THE CERTAIN THE TERM "TEACHER" AND TO MAKE TECHNICAL 126 HOUSE JOURNAL February 24, 2011]

CORRECTIONS; AMENDING CHAPTER 12, TITLE 33, Consideration of General Orders IDAHO CODE, BY THE ADDITION OF A NEW SECTION 33-1210, IDAHO CODE, TO DEFINE TERMS AND TO Mr. Moyle moved that the House do now resolve itself into a PROVIDE FOR AN APPLICANT FOR EMPLOYMENT AT Committee of the Whole House for the consideration of General A SCHOOL DISTRICT TO SIGN A RELEASE THAT PRIOR Orders. Seconded by Mr. Rusche. Motion carried. PERSONNEL FILES SHALL BE RELEASED TO THE DISTRICT, TO PROVIDE IMMUNITY FROM LIABILITY Whereupon the House resolved itself into a Committee of AND TO PROVIDE PENALTIES FOR DISCLOSURE the Whole House for the consideration of General Orders with OF INFORMATION; AND AMENDING SECTION Mr. Bedke in the Chair. 33-1211, IDAHO CODE, TO DELETE REFERENCE TO A When the Committee of the Whole House rose, PREVIOUSLY REPEALED CODE SECTION. the Speaker returned to the Chair and the House was in order.

H 193, H 194, H 195, H 196, H 197, H 198, H 199, H 200, Report of the Committee of the Whole House and H 201 were introduced, read the first time by title, and February 24, 2011 referred to the Judiciary, Rules, and Administration Committee Mr. Speaker: for printing. We, your COMMITTEE OF THE WHOLE HOUSE, report that we have had under consideration H 145, H 95, H 99, H 104, S 1063 and S 1097, by Judiciary and Rules Committee, H 137, and H 150 and report them back without recommendation, were introduced, read the first time by title, and referred to the amended as follows: Judiciary, Rules, and Administration Committee. HOUSE AMENDMENT TO H.B. NO. 145 S 1066, by Education Committee, was introduced, read the first time by title, and referred to the Education Committee. AMENDMENT TO THE BILL On page 1 of the printed bill, following line 4, insert: S 1077, by Resources and Environment Committee, was "SECTION 1. That Section 49-102, Idaho Code, be, and the introduced, read the first time by title, and referred to the same is hereby amended to read as follows: Resources and Conservation Committee. S 1087 and S 1090, by Commerce and Human Resources 49-102. DEFINITIONS – A. (1) "Abandon" means to Committee, were introduced, read the first time by title, and leave a vehicle on private property without the permission of the referred to the Business Committee. person having rights to the possession of the property, or on a highway or other property open to the public for the purposes of S 1049, by Health and Welfare Committee, was introduced, vehicular traffic or parking, or upon or within the right-of-way of read the first time by title, and referred to the Health and Welfare any highway, for twenty-four (24) hours or longer. Committee. (2) "Abandoned vehicle" means any vehicle observed by an authorized officer or reported by a member of the public to There being no objection, the House advanced to the Tenth have been left within the limits of any highway or upon the Order of Business. property of another without the consent of the property owner for a period of twenty-four (24) hours or longer, except that a Second Reading of Bills and Joint Resolutions vehicle shall not be considered abandoned if its owner-operator is unable to remove it from the place where it is located and has notified a law enforcement agency and requested assistance. H 148, by Local Government Committee, was read the (3) "Accident" means any event that results in an second time by title and filed for third reading. unintended injury or property damage attributable directly or indirectly to the motion of a motor vehicle or its load, a S 1058, by Health and Welfare Committee, was read the snowmobile or special mobile equipment. second time by title and filed for third reading. (4) "Actual physical control" means being in the driver's H 144, by Appropriations Committee, was read the second position of a motor vehicle with the motor running or the vehicle time by title and filed for third reading. moving. (5) "Administrator" means the federal highway H 147, by Transportation and Defense Committee, was read administrator, the chief executive of the federal highway the second time by title and filed for third reading. administration, an agency within the U.S. department of transportation. S 1050, by Transportation Committee, was read the second (6) "Age of a motor vehicle" means the age determined time by title and filed for third reading. by subtracting the manufacturer's year designation of the vehicle H 152, by Agricultural Affairs Committee, was read the from the year in which the designated registration fee is paid. If second time by title and filed for third reading. the vehicle has the same manufacturer's year designation as the year in which the fee is paid, or if a vehicle has a manufacturer's H 164, H 165, and HCR 9, by Health and Welfare year designation later than the year in which the fee is paid, the Committee, were read the second time by title and filed for third vehicle shall be deemed to be one (1) year old. reading. (7) "Air-conditioning equipment" means mechanical vapor compression refrigeration equipment which is used to cool the H 157, H 158, and H 159, by Education Committee, were driver's or passenger compartment of any motor vehicle. read the second time by title and filed for third reading. (8) "Alcohol or alcoholic beverage" means: There being no objection, the House advanced to the Twelfth (a) Beer as defined in 26 U.S.C. section 5052(a), of the Order of Business. Internal Revenue Code; [February 24, 2011 HOUSE JOURNAL 127

(b) Wine of not less than one-half of one percent (.005%) (2) "United States" means the fifty (50) states and the of alcohol by volume; or District of Columbia. (c) Distilled spirits as defined in section 5002(a)(8), of the (3) "Unladen weight." (See "Light weight," section 49-113, Internal Revenue Code. Idaho Code) (9) "Alley" means a public way of limited use intended (4) "Unregistered vehicle" means a vehicle without current only to provide access to the rear or side of lots or buildings in registration on file with the department or with the appropriate urban districts. agency of another state, unless exempt from registration. (10) "All-terrain vehicle" or "ATV" means any recreation (5) "Unusual noise." (See "Excessive," section 49-106, vehicle with three (3) or more tires, weighing under nine Idaho Code) hundred (900) pounds, fifty (50) inches or less in width, having a (6) "Urban district." (See "District," section 49-105, Idaho wheelbase of sixty-one (61) inches or less, has handlebar steering Code) and a seat designed to be straddled by the operator an all-terrain (7) "Utility trailer" means a trailer or semitrailer designed vehicle or ATV as defined in section 67-7101, Idaho Code. primarily to be drawn behind a passenger car or pickup truck (11) "Amateur radio operator." (See "Radio operator, for domestic and utility purposes. Utility or domestic use shall amateur," section 49-119, Idaho Code) include a farm trailer while being used to haul agricultural (12) "Ambulance" means a motor vehicle designed and products or livestock from farm to storage, market or processing used primarily for the transportation of injured, sick, or deceased plant, or returning therefrom. persons, on stretchers, cots, beds, or other devices for carrying (8) "Utility type vehicle" or ("UTV)" means any persons in a prone position. recreational motor vehicle other than an ATV, motorbike or (13) "Applicant" means an individual who applies to obtain, snowmobile as defined in section 67-7101, Idaho Code, designed transfer, upgrade, or renew a driver's license. for and capable of travel over designated roads, traveling on four (14) "Approved driver training course" means a training (4) or more tires, maximum width less than seventy-four (74) course from a school licensed under the provisions of chapter inches, maximum weight less than two thousand (2,000) pounds, 21 of this title or a driver training course approved by another and having a wheelbase of one hundred ten (110) inches or United States jurisdiction provided the course was taken while less. A utility type vehicle must have a minimum width of fifty an individual was a resident of that United States jurisdiction. (50) inches, a minimum weight of at least nine hundred (900) (15) "Approved testing agency" means a person, firm, pounds or a wheelbase of over sixty-one (61) inches. Utility type association, partnership or corporation approved by the director vehicle does not include golf carts, vehicles specially designed to of the Idaho state police which is: carry a disabled person, implements of husbandry as defined in (a) In the business of testing equipment and systems; section 49-110(2), Idaho Code, or vehicles otherwise registered (b) Recognized by the director as being qualified and under title 49 a utility type vehicle or UTV as defined in section equipped to do experimental testing; and 67-7101, Idaho Code."; (c) Not under the jurisdiction or control of any single and renumber the subsequent section accordingly. manufacturer or supplier for an affected industry. (16) "Armed forces" means the army, navy, marine corps, CORRECTION TO TITLE coast guard and the air force of the United States. On page 1, in line 2, following "ACTIVITIES;" insert: (17) "Authorized emergency vehicle." (See "Vehicle," "AMENDING SECTION 49-102, IDAHO CODE, TO REVISE section 49-123, Idaho Code) A DEFINITION; AMENDING SECTION 49-122, IDAHO (18) "Authorized officer" means any member of the Idaho CODE, TO REVISE A DEFINITION; AND". state police, or any regularly employed and salaried deputy sheriff, or other county employee designated to perform the HOUSE AMENDMENT TO H.B. NO. 95 function of removing abandoned vehicles or junk vehicles by AMENDMENT TO SECTION 1 the board of county commissioners of the county in which a On page 1 of the printed bill, delete line 30, and insert: vehicle is located, or any regularly employed and salaried city "majority of qualified electors, voting in a citywide or countywide peace officer or other city employee designated to perform the election depending on the municipality in"; delete lines function of removing abandoned vehicles or junk vehicles by 33 through 35, and insert: "(b) Upon satisfaction of the the city council, or a qualified person deputized or appointed by requirements under subsection (a) of this section, and uUpon the the proper authority as reserve deputy sheriff or city policeman, local governing body making such findings, the urban renewal". authorized within the jurisdiction in which the abandoned vehicle On page 2, in line 8, following "board" insert: "or by the local or junk vehicle is located. governing body"; in line 26, delete "3" and insert: "34". (19) "Authorized transportation department employee" On page 3, in line 4, following "year." insert: "The agency means any employee appointed by the board to perform duties shall be required to hold a public meeting to report these findings relating to enforcement of vehicle laws as have been specifically and take comments from the public.". defined and approved by order of the board (see section 40-510, Idaho Code). AMENDMENT TO SECTION 5 (20) "Auto transporter" means a vehicle combination On page 8, in line 40, following "plan" insert: "beyond the constructed for the purpose of transporting vehicles. maximum term allowed under chapter 29, title 50, Idaho Code". AMENDMENT TO SECTION 6 SECTION 2. That Section 49-122, Idaho Code, be, and the On page 9, in line 24, following "roll" insert: ", provided any same is hereby amended to read as follows: increase in valuation from change of use of agricultural land in a revenue allocation area shall be added to the base assessment roll". 49-122. DEFINITIONS – U. (1) "Unauthorized vehicle" means any vehicle parked or otherwise left on private AMENDMENT TO THE BILL property without the consent of the person owning or controlling On page 7, delete lines 14 through 49; and on page 8, delete that property. lines 1 through 32, and insert: 128 HOUSE JOURNAL February 24, 2011]

"SECTION 4. That Section 50-2018, Idaho Code, be, and the (10) "Urban renewal project" may include undertakings same is hereby amended to read as follows: and activities of a municipality in an urban renewal area for the elimination of deteriorated or deteriorating areas and for the prevention of the development or spread of slums and blight, 50-2018. DEFINITIONS. The following terms and may involve slum clearance and redevelopment in an urban wherever used or referred to in this chapter, shall have the renewal area, or rehabilitation or conservation in an urban following meanings, unless a different meaning is clearly renewal area, or any combination or part thereof in accordance indicated by the context: with an urban renewal plan. Such undertakings and activities (1) "Agency" or "urban renewal agency" shall mean a may include: public agency created by section 50-2006, Idaho Code. (a) Acquisition of a deteriorated area or a deteriorating area (2) "Municipality" shall mean any incorporated city or or portion thereof; town, or county in the state. (b) Demolition and removal of buildings and (3) "Public body" shall mean the state or any municipality, improvements; township, board, commission, authority, district, or any other (c) Installation, construction, or reconstruction of streets, subdivision or public body of the state. utilities, parks, playgrounds, off-street parking facilities, (4) "Local governing body" shall mean the council or other public facilities or buildings and other improvements legislative body charged with governing the municipality. necessary for carrying out in the urban renewal area the (5) "Mayor" shall mean the mayor of a municipality or urban renewal objectives of this chapter in accordance with other officer or body having the duties customarily imposed the urban renewal plan; upon the executive head of a municipality. (d) Disposition of any property acquired in the urban (6) "Clerk" shall mean the clerk or other official of the renewal area, including sale, initial leasing or retention by municipality who is the custodian of the official records of such the agency itself, at its fair value for uses in accordance with municipality. the urban renewal plan except for disposition of property to (7) "Federal government" shall include the United States of another public body; America or any agency or instrumentality, corporate or otherwise, (e) Carrying out plans for a program of voluntary or of the United States of America. compulsory repair and rehabilitation of buildings or other (8) "Deteriorated area" shall mean an area in which improvements in accordance with the urban renewal plan; there is a predominance of buildings or improvements, whether (f) Acquisition of real property in the urban renewal area residential or nonresidential, which by reason of dilapidation, which, under the urban renewal plan, is to be repaired or deterioration, age or obsolescence, inadequate provision for rehabilitated for dwelling use or related facilities, repair or ventilation, light, air, sanitation, or open spaces, high density rehabilitation of the structures for guidance purposes, and of population and overcrowding, or the existence of conditions resale of the property; which endanger life or property by fire and other causes, or (g) Acquisition of any other real property in the urban any combination of such factors is conducive to ill health, renewal area where necessary to eliminate unhealthful, transmission of disease, infant mortality, juvenile delinquency, insanitary or unsafe conditions, lessen density, eliminate or crime, and is detrimental to the public health, safety, morals obsolete or other uses detrimental to the public welfare, or or welfare. Provided however, this definition shall not apply to otherwise to remove or to prevent the spread of blight or any agricultural operation or forestry use, as defined in section deterioration, or to provide land for needed public facilities; 22-4502(1), Idaho Code, absent the consent of the owner of (h) Lending or investing federal funds; and the agricultural operation or forestry operation, except for an (i) Construction of foundations, platforms and other like agricultural operation or forestry operation that has not been structural forms. used for three (3) consecutive years. (11) "Urban renewal area" means a deteriorated area or (9) "Deteriorating area" shall mean an area which by a deteriorating area or a combination thereof which the local reason of the presence of a substantial number of deteriorated governing body designates as appropriate for an urban renewal or deteriorating structures, predominance of defective or project. inadequate street layout, faulty lot layout in relation to size, (12) "Urban renewal plan" means a plan, as it exists from adequacy, accessibility or usefulness, insanitary or unsafe time to time, for an urban renewal project, which plan: conditions, deterioration of site or other improvements, diversity (a) Shall conform to the general plan for the municipality of ownership, tax or special assessment delinquency exceeding as a whole except as provided in section 50-2008(g), Idaho the fair value of the land, defective or unusual conditions of Code; and title, or the existence of conditions which endanger life or (b) Shall be sufficiently complete to indicate such property by fire and other causes, or any combination of such land acquisition, demolition and removal of structures, factors, substantially impairs or arrests the sound growth of a redevelopment, improvements, and rehabilitation as may municipality, retards the provision of housing accommodations or be proposed to be carried out in the urban renewal area, constitutes an economic or social liability and is a menace to the zoning and planning changes, if any, land uses, maximum public health, safety, morals or welfare in its present condition densities, building requirements, and any method or methods and use; provided, that if such deteriorating area consists of of financing such plan, which methods may include revenue open land the conditions contained in the proviso in section allocation financing provisions. 50-2008(d), Idaho Code, shall apply; and provided further, (13) "Related activities" shall mean: that any disaster area referred to in section 50-2008(g), Idaho (a) Planning work for the preparation or completion of Code, shall constitute a deteriorating area. Provided however, a community-wide plan or program pursuant to section this definition shall not apply to any agricultural operation or 50-2009, Idaho Code; and forestry use, as defined in section 22-4502(1), Idaho Code, (b) The functions related to the acquisition and disposal of absent the consent of the owner of the agricultural operation or real property pursuant to section 50-2007(d), Idaho Code. forestry operation, except for an agricultural operation or forestry (14) "Real property" shall include all lands, including operation that has not been used for three (3) consecutive years. improvements and fixtures thereon, and property of any nature [February 24, 2011 HOUSE JOURNAL 129 appurtenant thereto, or used in connection therewith, and every reserve therefor from any moneys deposited in such a special estate, interest, right and use, legal or equitable, therein, including fund or funds. terms for years and liens by way of judgment, mortgage or (3) Nothing in this chapter shall in any way impair any otherwise. powers an urban renewal agency may have under subsection (a) (15) "Bonds" shall mean any bonds, including refunding of section 50-2012, Idaho Code. bonds, notes, interim certificates, certificates of indebtedness, (4) When the revenue allocation area plan budget debentures or other obligations. described in section 50-2903(5), Idaho Code, estimates that all (16) "Obligee" shall include any bondholder, agents financial obligations have been provided for, the principal of and or trustees for any bondholders, or lessor demising to the interest on such moneys, indebtedness and bonds have been paid municipality property used in connection with urban renewal, in full, or when deposits in the special fund or funds created or any assignee or assignees of such lessor's interest or any part under this chapter are sufficient to pay such principal and interest thereof, and the federal government when it is a party to any as they come due, and to fund reserves, if any, or any other contract with the municipality. obligations of the agency funded through revenue allocation (17) "Person" shall mean any individual, firm, partnership, proceeds shall be satisfied and the agency has determined corporation, company, association, joint stock association, or no additional project costs need be funded through revenue body politic; and shall include any trustee, receiver, assignee, or allocation financing, the allocation of revenues under section other person acting in a similar representative capacity. 50-2908, Idaho Code, shall thereupon cease; any moneys in such (18) "Area of operation" shall mean the area within the fund or funds in excess of the amount necessary to pay such corporate limits of the municipality and the area within five principal and interest shall be distributed to the affected taxing (5) miles of such limits, except that it shall not include any districts in which the revenue allocation area is located in the area which lies within the territorial boundaries of another same manner and proportion as the most recent distribution to incorporated city or town or within the unincorporated area of the affected taxing districts of the taxes on the taxable property the county unless a resolution shall have been adopted by the located within the revenue allocation area; and the powers governing body of such other city, town or county declaring a granted to the urban renewal agency under section 50-2909, need therefor. Idaho Code, shall thereupon terminate.". (19) "Board" or "commission" shall mean a board, On page 14, in line 27, delete "8" and insert: "9". commission, department, division, office, body or other unit of the municipality. (20) "Public officer" shall mean any officer who is in CORRECTION TO TITLE charge of any department or branch of the government of the On page 1, delete lines 11 through 13, and insert: "A municipality relating to health, fire, building regulations, or to CORRECT CITATION; AMENDING SECTION 50-2018, other activities concerning dwellings in the municipality.". IDAHO CODE, TO REVISE THE DEFINITIONS OF On page 14, following line 26, insert: "DETERIORATED AREA" AND "DETERIORATING AREA"; "SECTION 8. That Section 50-2909, Idaho Code, be, and the AMENDING CHAPTER 20, TITLE 50, IDAHO CODE, BY same is hereby amended to read as follows: THE ADDITION OF A"; in line 18, following "THERETO;" insert: "AMENDING SECTION 50-2909, IDAHO CODE, TO 50-2909. ISSUANCE OF BONDS – BOND PROVIDE ON AND AFTER JULY 1, 2011, THAT BONDS PROVISIONS. (1) If the local governing body of an authorized MAY BE ISSUED FOR A MAXIMUM PERIOD OF TWENTY municipality has enacted an ordinance adopting a revenue YEARS;". allocation financing provision as part of an urban renewal plan, the urban renewal agency established by such municipality is hereby authorized and empowered: (a) To apply the revenues allocated to it pursuant to section HOUSE AMENDMENT TO H.B. NO. 99 50-2908, Idaho Code, for payment of the projected costs of any urban renewal project located in the revenue allocation AMENDMENT TO SECTION 1 area; On page 2 of the printed bill, delete lines 33 through 38, (b) To borrow money, incur indebtedness and issue one (1) and insert: "not inconsistent with the purposes of this act. or more series of bonds to finance or refinance, in whole or in No debt may be incurred pursuant to this act which obligates part, the urban renewal projects authorized pursuant to such county property taxpayers for payment, including bonds or other plan within the limits established by paragraph (c) of this liabilities or obligations lasting more than one (1) fiscal year, subsection; and without the assent of two-thirds (2/3) of the qualified electors (c) To pledge irrevocably to the payment of principal of voting at a countywide election for the purpose of approving and interest on such moneys borrowed, indebtedness incurred or disapproving such proposed bonds, liabilities or obligations, or bonds issued by the agency the revenues allocated to it provided however, that an election shall not be required for pursuant to section 50-2908, Idaho Code. ordinary and necessary expenses for the administration of the All bonds issued under this section shall be issued in accordance urban renewal agency;". with section 50-2012, Idaho Code, except that such bonds shall be payable solely from the special fund or funds established pursuant AMENDMENT TO SECTION 2 to section 50-2908, Idaho Code. On and after July 1, 2011, bonds On page 4, delete lines 1 through 7, and insert: "therefrom, may be issued for a maximum period of twenty (20) years. shall be exempted from all taxes. No bonds shall be issued nor (2) The agency shall be obligated and bound to pay such other similar obligations incurred as provided for in this section borrowed moneys, indebtedness, and bonds as the same shall if obligating county property taxpayers for payment, without the become due, but only to the extent that the moneys are available assent of two-thirds (2/3) of the qualified electors voting at a in a special fund or funds established under section 50-2908, countywide election for the purpose of approving or disapproving Idaho Code; and the agency is authorized to maintain an adequate such proposed bonds or obligations.". 130 HOUSE JOURNAL February 24, 2011]

HOUSE AMENDMENT TO H.B. NO. 104 Buckner-Webb, Burgoyne, Chadderdon(Chadderdon), Chew, Collins, Crane, Cronin, DeMordaunt, Ellsworth, Eskridge, AMENDMENT TO SECTION 1 Gibbs(Wheeler), Guthrie, Hagedorn, Hart, Hartgen, Harwood, On page 2 of the printed bill, in line 1, following the word Henderson, Higgins, Jaquet, Killen, King, Lacey, Loertscher, "or" insert: "labor". Luker, Marriott, McGeachin, McMillan, Moyle, Nesset, Nielsen, CORRECTION TO TITLE Nonini, Palmer, Patrick, Pence, Perry, Raybould, Ringo, Roberts, On page 1, in line 6, following "OR" insert: "LABOR". Rusche, Schaefer, Shepherd, Shirley, Simpson, Sims, Smith(30), Smith(24), Stevenson, Takasugi(Batt), Thayn, Thompson, Trail, HOUSE AMENDMENT TO H.B. NO. 137 Vander Woude, Wood(27), Mr. Speaker. Total – 67. NAYS – None. AMENDMENT TO SECTION 1 Absent and excused – Lake, Wills, Wood(35). Total – 3. On page 1 of the printed bill, following line 23, insert: Total – 70. "Nothing in this section shall be construed to affect the provisions of chapter 10, title 46, Idaho Code.". Whereupon the Speaker declared HCR 12 adopted and ordered the resolution transmitted to the Senate. CORRECTION TO TITLE On page 1, in line 5, following "AGENT" insert: "AND TO HCR 13 was read the third time at length and placed before PROVIDE THAT SPECIFIED PROVISIONS SHALL NOT BE the House for final consideration. CONSTRUED TO AFFECT THE PROVISIONS OF CHAPTER 10, TITLE 46, IDAHO CODE". At this time, the Speaker recognized Mr. Guthrie to open debate. HOUSE AMENDMENT TO H.B. NO. 150 The question being, "Shall HCR 13 be adopted?" AMENDMENT TO SECTION 3 On page 3 of the printed bill, following line 8, insert: Roll call resulted as follows: "(3) Any applicant subject to a brand inspection fee AYES – Anderson, Andrus, Barbieri, Barrett, Bateman, pursuant to section 25-1160, Idaho Code, is exempt from paying Bayer, Bedke, Bell, Bilbao, Black, Block, Bolz, Boyle, the CAFO site suitability fee.". Buckner-Webb, Burgoyne, Chadderdon(Chadderdon), Chew, Collins, Crane, Cronin, DeMordaunt, Ellsworth, Eskridge, CORRECTION TO TITLE Gibbs(Wheeler), Guthrie, Hagedorn, Hart, Hartgen, Harwood, On page 1, in line 9, delete "AN EX-" and in line 10, delete Henderson, Higgins, Jaquet, Killen, King, Lacey, Loertscher, "EMPTION" and insert: "EXEMPTIONS". Luker, Marriott, McGeachin, McMillan, Moyle, Nesset, Nielsen, BEDKE, Chairman Nonini, Palmer, Patrick, Pence, Perry, Raybould, Ringo, Roberts, Mr. Bedke moved that the report be adopted. Seconded by Rusche, Schaefer, Shepherd, Shirley, Simpson, Sims, Smith(30), Mr. Moyle. Smith(24), Stevenson, Takasugi(Batt), Thayn, Thompson, Trail, Vander Woude, Wood(27), Mr. Speaker. Total – 67. Whereupon the Speaker declared the report adopted. NAYS – None. Absent and excused – Lake, Wills, Wood(35). Total – 3. H 145, as amended, H 95, as amended, H 99, as amended, Total – 70. H 104, as amended, H 137, as amended, and H 150, as amended, were referred to the Judiciary, Rules, and Administration Whereupon the Speaker declared HCR 13 adopted and Committee for engrossing. ordered the resolution transmitted to the Senate. The amendments were referred to Judiciary, Rules, and HCR 14 was read the third time at length and placed before Administration committee for printing. the House for final consideration. There being no objection, the House returned to the Eleventh At this time, the Speaker recognized Mrs. McGeachin to Order of Business. open debate. Third Reading of Bills and Joint Resolutions The question being, "Shall HCR 14 be adopted?" Mr. Black asked unanimous consent that H 55 be returned to the Business Committee. There being no objection, it was so Roll call resulted as follows: ordered. AYES – Anderson, Andrus, Barbieri, Barrett, Bateman, Bayer, Bedke, Bell, Bilbao, Black, Block, Bolz, Boyle, Mr. Moyle asked unanimous consent that H 96, H 97, H 110, Buckner-Webb, Burgoyne, Chadderdon(Chadderdon), Chew, and H 114 retain their places on the Third Reading Calendar Collins, Crane, Cronin, DeMordaunt, Ellsworth, Eskridge, until Tuesday, March 1, 2011. There being no objection, it was Gibbs(Wheeler), Guthrie, Hagedorn, Hart, Hartgen, Harwood, so ordered. Henderson, Higgins, Jaquet, Killen, King, Lacey, Loertscher, Luker, Marriott, McGeachin, McMillan, Moyle, Nesset, Nielsen, HCR 12 was read the third time at length and placed before Nonini, Palmer, Patrick, Pence, Perry, Raybould, Ringo, Roberts, the House for final consideration. Rusche, Schaefer, Shepherd, Shirley, Simpson, Sims, Smith(30), At this time, the Speaker recognized Mr. Thayn to open Smith(24), Stevenson, Takasugi(Batt), Thayn, Thompson, Trail, debate. Vander Woude, Wood(27), Mr. Speaker. Total – 67. NAYS – None. The question being, "Shall HCR 12 be adopted?" Absent and excused – Lake, Wills, Wood(35). Total – 3. Total – 70. Roll call resulted as follows: AYES – Anderson, Andrus, Barbieri, Barrett, Bateman, Whereupon the Speaker declared HCR 14 adopted and Bayer, Bedke, Bell, Bilbao, Black, Block, Bolz, Boyle, ordered the resolution transmitted to the Senate. [February 24, 2011 HOUSE JOURNAL 131

H 58 was read the third time at length, section by section, and placed before the House for final consideration. At this time, the Speaker recognized Mr. Trail to open debate. The question being, "Shall H 58 pass?"

Roll call resulted as follows: AYES – Anderson, Andrus, Barrett, Bilbao, Black, Bolz, Burgoyne, Collins, Eskridge, Guthrie, Harwood, Henderson, King, Lacey, Luker, Marriott, Moyle, Nesset, Patrick, Perry, Ringo, Rusche, Smith(30), Smith(24), Takasugi(Batt), Trail, Wood(27), Mr. Speaker. Total – 28. NAYS – Barbieri, Bateman, Bayer, Bedke, Bell, Block, Boyle, Buckner-Webb, Chadderdon(Chadderdon), Chew, Crane, Cronin, DeMordaunt, Ellsworth, Gibbs(Wheeler), Hagedorn, Hart, Hartgen, Higgins, Jaquet, Killen, Loertscher, McGeachin, McMillan, Nielsen, Nonini, Palmer, Pence, Raybould, Roberts, Schaefer, Shepherd, Shirley, Simpson, Sims, Stevenson, Thayn, Thompson, Vander Woude, Wood(35). Total – 40. Absent and excused – Lake, Wills. Total – 2. Total – 70. Whereupon the Speaker declared that H 58 failed to pass the House and ordered the bill filed in the office of the Chief Clerk. Mr. Moyle asked unanimous consent that the remaining bills on the Third Reading Calendar retain their places for one legislative day. There being no objection, it was so ordered. There being no objection, the House advanced to the Sixteenth Order of Business. Adjournment Mr. Moyle moved that the House adjourn until 10 a.m., Friday, February 25, 2011. Seconded by Mr. Rusche. Motion carried. Whereupon the Speaker declared the House adjourned at 12:10 p.m. LAWERENCE DENNEY, Speaker ATTEST: BONNIE ALEXANDER, Chief Clerk 132 HOUSE JOURNAL February 25, 2011]

HOUSE JOURNAL H 193, H 194, H 195, H 196, H 197, H 198, H 199, H 200, H 201, and House amendments to H 145, H 95, H 99, H 104, OF THE H 137, and H 150. WILLS, Chairman IDAHO LEGISLATURE HCR 17 was referred to the Environment, Energy, and Technology Committee. FIRST REGULAR SESSION SIXTY-FIRST LEGISLATURE H 193 and H 199 were referred to the Transportation and Defense Committee. H 194, H 196, H 197, and H 200 were referred to the Revenue and Taxation Committee. FORTY-SEVENTH LEGISLATIVE DAY H 195 was referred to the Business Committee. FRIDAY, FEBRUARY 25, 2011 H 198 was referred to the Local Government Committee.

House of Representatives H 201 was referred to the Education Committee. The House convened at 10 a.m., the Speaker in the Chair. February 25, 2011 Mr. Speaker: Roll call showed 67 members present. We, your COMMITTEE ON JUDICIARY, RULES, AND Absent and excused – Hart, Loertscher, Smith(24). Total – 3. ADMINISTRATION, report that we have engrossed H 145, Total – 70. as amended, H 95, as amended, H 99, as amended, H 104, as Prayer was offered by Chaplain Tom Dougherty. amended, H 137, as amended, and H 150, as amended. WILLS, Chairman The Pledge of Allegiance was led by Jenee Walters, Page. H 145, as amended, H 95, as amended, H 99, as amended, Approval of Journal H 104, as amended, H 137, as amended, and H 150, as amended, were filed for first reading of engrossed bills. February 25, 2011 February 24, 2011 Mr. Speaker: Mr. Speaker: We, your COMMITTEE ON JUDICIARY, RULES, AND We, your COMMITTEE ON JUDICIARY, RULES, AND ADMINISTRATION, report that we have read and approved the ADMINISTRATION, report that we have transmitted enrolled House Journal of the Forty-sixth Legislative Day and recommend H 70, H 71, H 72, H 74, H 89, H 90, and H 45 to the Governor that same be adopted as corrected. at 12:35 p.m., as of this date, February 24, 2011. WILLS, Chairman WILLS, Chairman Mr. Wills moved that the report be adopted. Seconded by February 23, 2011 Mr. Burgoyne. Report adopted. Mr. Speaker: We, your COMMITTEE ON STATE AFFAIRS, request that H 183 be returned to the Desk for re-referral. Consideration of Messages from the LOERTSCHER, Chairman Governor and the Senate February 24, 2011 H 183 was referred to the Business committee. Mr. Speaker: February 24, 2011 I transmit herewith enrolled S 1006 and S 1007 for the Mr. Speaker: signature of the Speaker. We, your COMMITTEE ON TRANSPORTATION AND WOOD, Secretary DEFENSE, report that we have had under consideration H 160, The Speaker announced he was about to sign enrolled S 1059, S 1061, S 1062, and S 1073 and recommend that they S 1006 and S 1007 and, when so signed, ordered them returned do pass. to the Senate. SMITH, Chairman February 24, 2011 H 160, S 1059, S 1061, S 1062, and S 1073 were filed for Mr. Speaker: second reading. I transmit herewith S 1108 and S 1110 which have passed the February 24, 2011 Senate. Mr. Speaker: WOOD, Secretary We, your COMMITTEE ON HEALTH AND WELFARE, S 1108 and S 1110 were filed for first reading. report that we have had under consideration H 2, H 3, H 4, and H 182 and recommend that they do pass. Report of Standing Committees MCGEACHIN, Chairman February 25, 2011 H 2, H 3, H 4, and H 182 were filed for second reading. Mr. Speaker: We, your COMMITTEE ON JUDICIARY, RULES, AND There being no objection, the House advanced to the Eighth ADMINISTRATION, report that we have printed HCR 17, Order of Business. [February 25, 2011 HOUSE JOURNAL 133

Introduction, First Reading, and Reference Third Reading of Bills and Joint Resolutions of Bills and Joint Resolutions H 163 was read the third time at length, section by section, HOUSE BILL NO. 202 and placed before the House for final consideration. BY STATE AFFAIRS COMMITTEE At this time, the Speaker recognized Mrs. McGeachin to AN ACT open debate. RELATING TO THE DIVISION OF PUBLIC WORKS; AMENDING CHAPTER 57, TITLE 67, IDAHO CODE, BY The question being, "Shall H 163 pass?" THE ADDITION OF A NEW SECTION 67-5711E, IDAHO CODE, TO PROVIDE FOR A CONSTRUCTION MANAGER Roll call resulted as follows: AT-RISK IN CERTAIN WORKS OF THE STATE OF IDAHO, AYES – Anderson, Andrus, Bateman, Bayer, Bedke, TO PROVIDE FOR SELECTION OF AN INDIVIDUAL Bell, Bilbao, Black, Block, Bolz, Buckner-Webb, Burgoyne, OR FIRM PROVIDING CONSTRUCTION MANAGER Chadderdon(Chadderdon), Chew, Collins, Crane, Cronin, AT-RISK SERVICES, TO PROVIDE FOR REQUIREMENTS DeMordaunt, Ellsworth, Eskridge, Gibbs(Wheeler), Guthrie, RELATING TO A CONSTRUCTION MANAGER AT-RISK Hagedorn, Hartgen, Harwood, Henderson, Higgins, Jaquet, AND TO DEFINE TERMS. Killen, King, Lacey, Lake, Luker, Marriott, McGeachin, McMillan, Moyle, Nesset, Nielsen, Nonini, Palmer, Patrick, H 202 was introduced, read the first time by title, and Pence, Perry, Raybould, Ringo, Roberts, Rusche, Schaefer, referred to the Judiciary, Rules, and Administration Committee Shepherd, Shirley, Simpson, Sims, Smith(30), Stevenson, for printing. Takasugi(Batt), Thayn, Thompson, Trail, Vander Woude, Wills, S 1108 and S 1110, by Education Committee, were Wood(27), Wood(35), Mr. Speaker. Total – 64. introduced, read the first time by title, and referred to the NAYS – None. Education Committee. Absent and excused – Barbieri, Barrett, Boyle, Hart, Loertscher, Smith(24). Total – 6. Total – 70. First Reading of Engrossed Bills Whereupon the Speaker declared that H 163 passed the H 145, as amended, by Transportation and Defense House. Title was approved and the bill ordered transmitted to Committee, was introduced, read the first time by title, and filed the Senate. for second reading. H 81 was read the third time at length, section by section, H 95, as amended, and H 99, as amended, by Local and placed before the House for final consideration. Government Committee, were introduced, read the first time by title, and filed for second reading. At this time, the Speaker recognized Mr. Thompson to open debate. H 104, as amended, by Education Committee, was introduced, read the first time by title, and filed for second The question being, "Shall H 81 pass?" reading. Roll call resulted as follows: H 137, as amended, by Resources and Conservation AYES – Anderson, Andrus, Barrett, Bateman, Bayer, Bedke, Committee, was introduced, read the first time by title, and filed Bell, Bilbao, Black, Block, Bolz, Buckner-Webb, Burgoyne, for second reading. Chadderdon(Chadderdon), Chew, Collins, Crane, Cronin, DeMordaunt, Ellsworth, Eskridge, Gibbs(Wheeler), Guthrie, H 150, as amended, by Agricultural Affairs Committee, Hagedorn, Hartgen, Henderson, Higgins, Jaquet, Killen, King, was introduced, read the first time by title, and filed for second Lacey, Lake, Luker, Marriott, McGeachin, McMillan, Moyle, reading. Nesset, Nielsen, Nonini, Palmer, Patrick, Pence, Perry, Raybould, Ringo, Roberts, Rusche, Schaefer, Shepherd, Shirley, Simpson, Sims, Smith(30), Stevenson, Takasugi(Batt), Thayn, Thompson, Second Reading of Bills and Joint Resolutions Trail, Vander Woude, Wills, Wood(27), Wood(35), Mr. Speaker. HCR 16, by Environment, Energy, and Technology Total – 64. Committee, was read the second time by title and filed for third NAYS – Harwood. Total – 1. reading. Absent and excused – Barbieri, Boyle, Hart, Loertscher, Smith(24). Total – 5. H 174 and H 175, by State Affairs Committee, were read the Total – 70. second time by title and filed for third reading. Whereupon the Speaker declared that H 81 passed the House. S 1079, by Local Government and Taxation Committee, was Title was approved and the bill ordered transmitted to the Senate. read the second time by title and filed for third reading. H 82 was read the third time at length, section by section, H 23, H 22, H 24, H 25, and H 31, by Resources and and placed before the House for final consideration. Conservation Committee, were read the second time by title and filed for third reading. At this time, the Speaker recognized Mr. Rusche to open debate. H 109, H 122, H 129, and H 154, by Commerce and Human Resources Committee, were read the second time by title and filed The question being, "Shall H 82 pass?" for third reading. Roll call resulted as follows: H 130, H 131, and H 132, by Business Committee, were read AYES – Anderson, Barbieri, Bateman, Bedke, Bell, the second time by title and filed for third reading. Bilbao, Black, Block, Bolz, Buckner-Webb, Burgoyne, 134 HOUSE JOURNAL February 25, 2011]

Chadderdon(Chadderdon), Chew, Collins, Cronin, DeMordaunt, NAYS – Barbieri, Barrett, Bayer, Boyle, King, Luker, Ellsworth, Eskridge, Gibbs(Wheeler), Guthrie, Hagedorn, Marriott, McMillan, Moyle, Nielsen, Palmer, Shepherd, Henderson, Higgins, Jaquet, Killen, King, Lacey, Lake, Luker, Vander Woude. Total – 13. McGeachin, Nesset, Palmer, Patrick, Pence, Perry, Raybould, Absent and excused – Gibbs(Wheeler), Hart, Loertscher, Ringo, Roberts, Rusche, Shirley, Simpson, Smith(30), Stevenson, Schaefer, Smith(24). Total – 5. Thayn, Thompson, Trail, Vander Woude, Wills, Wood(27), Total – 70. Mr. Speaker. Total – 50. NAYS – Andrus, Barrett, Bayer, Crane, Hartgen, Harwood, Whereupon the Speaker declared that H 85 passed the House. Marriott, McMillan, Moyle, Nielsen, Nonini, Schaefer, Shepherd, Title was approved and the bill ordered transmitted to the Senate. Sims, Takasugi(Batt), Wood(35). Total – 16. H 94 was read the third time at length, section by section, Absent and excused – Boyle, Hart, Loertscher, Smith(24). and placed before the House for final consideration. Total – 4. Total – 70. At this time, the Speaker recognized Mrs. Higgins to open debate. Whereupon the Speaker declared that H 82 passed the House. Title was approved and the bill ordered transmitted to the Senate. The question being, "Shall H 94 pass?" H 83 was read the third time at length, section by section, Roll call resulted as follows: and placed before the House for final consideration. AYES – Anderson, Andrus, Barrett, Bateman, Bayer, Bedke, Bell, Bilbao, Black, Block, Bolz, Boyle, Buckner-Webb, At this time, the Speaker recognized Mr. Cronin to open Burgoyne, Chadderdon(Chadderdon), Chew, Collins, Cronin, debate. Ellsworth, Eskridge, Gibbs(Wheeler), Guthrie, Hagedorn, Hartgen, Harwood, Henderson, Higgins, Jaquet, Killen, The question being, "Shall H 83 pass?" King, Lacey, Lake, Luker, Marriott, McGeachin, McMillan, Moyle, Nesset, Nielsen, Nonini, Palmer, Patrick, Pence, Perry, Roll call resulted as follows: Raybould, Ringo, Roberts, Rusche, Shepherd, Shirley, Simpson, AYES – Anderson, Andrus, Barbieri, Barrett, Bateman, Smith(30), Stevenson, Takasugi(Batt), Thayn, Thompson, Trail, Bayer, Bedke, Bell, Bilbao, Black, Block, Bolz, Boyle, Vander Woude, Wills, Wood(27), Wood(35), Mr. Speaker. Buckner-Webb, Burgoyne, Chadderdon(Chadderdon), Chew, Total – 62. Collins, Crane, Cronin, DeMordaunt, Ellsworth, Eskridge, NAYS – Barbieri, DeMordaunt, Sims. Total – 3. Gibbs(Wheeler), Guthrie, Hagedorn, Hartgen, Henderson, Absent and excused – Crane, Hart, Loertscher, Schaefer, Higgins, Jaquet, Killen, King, Lacey, Lake, Luker, McGeachin, Smith(24). Total – 5. Nesset, Nonini, Palmer, Patrick, Pence, Perry, Raybould, Total – 70. Ringo, Roberts, Rusche, Schaefer, Shirley, Simpson, Sims, Smith(30), Stevenson, Takasugi(Batt), Thayn, Thompson, Trail, Whereupon the Speaker declared that H 94 passed the House. Vander Woude, Wills, Wood(27), Wood(35), Mr. Speaker. Title was approved and the bill ordered transmitted to the Senate. Total – 61. NAYS – Harwood, Marriott, McMillan, Moyle, Nielsen, H 136 was read the third time at length, section by section, Shepherd. Total – 6. and placed before the House for final consideration. Absent and excused – Hart, Loertscher, Smith(24). Total – 3. At this time, the Speaker recognized Mr. Bedke to open Total – 70. debate. Whereupon the Speaker declared that H 83 passed the House. The question being, "Shall H 136 pass?" Title was approved and the bill ordered transmitted to the Senate. Roll call resulted as follows: AYES – Anderson, Andrus, Barbieri, Barrett, Bateman, H 85 was read the third time at length, section by section, Bayer, Bedke, Bell, Bilbao, Black, Block, Bolz, Boyle, and placed before the House for final consideration. Buckner-Webb, Burgoyne, Chadderdon(Chadderdon), Chew, Collins, Cronin, DeMordaunt, Ellsworth, Eskridge, At this time, the Speaker recognized Mr. Hagedorn to open Gibbs(Wheeler), Guthrie, Hagedorn, Hartgen, Harwood, debate. Henderson, Higgins, Jaquet, Killen, King, Lacey, Lake, Luker, Mr. Wheeler asked unanimous consent that, pursuant to Marriott, McGeachin, McMillan, Moyle, Nesset, Nielsen, Rule 38(3), he be excused from voting on H 85 due to a conflict Nonini, Palmer, Patrick, Pence, Perry, Raybould, Ringo, of interest. There being no objection, it was so ordered. Roberts, Rusche, Schaefer, Shepherd, Shirley, Simpson, Sims, Smith(30), Stevenson, Takasugi(Batt), Thayn, Thompson, Trail, The question being, "Shall H 85 pass?" Vander Woude, Wills, Wood(27), Wood(35), Mr. Speaker. Total – 66. Roll call resulted as follows: NAYS – None. AYES – Anderson, Andrus, Bateman, Bedke, Bell, Absent and excused – Crane, Hart, Loertscher, Smith(24). Bilbao, Black, Block, Bolz, Buckner-Webb, Burgoyne, Total – 4. Chadderdon(Chadderdon), Chew, Collins, Crane, Cronin, Total – 70. DeMordaunt, Ellsworth, Eskridge, Guthrie, Hagedorn, Hartgen, Whereupon the Speaker declared that H 136 passed the Harwood, Henderson, Higgins, Jaquet, Killen, Lacey, Lake, House. Title was approved and the bill ordered transmitted to McGeachin, Nesset, Nonini, Patrick, Pence, Perry, Raybould, the Senate. Ringo, Roberts, Rusche, Shirley, Simpson, Sims, Smith(30), Stevenson, Takasugi(Batt), Thayn, Thompson, Trail, Wills, H 138 was read the third time at length, section by section, Wood(27), Wood(35), Mr. Speaker. Total – 52. and placed before the House for final consideration. [February 25, 2011 HOUSE JOURNAL 135

At this time, the Speaker recognized Mrs. Wood(35) to open Collins, Crane, Cronin, DeMordaunt, Ellsworth, Eskridge, debate. Gibbs(Wheeler), Guthrie, Hagedorn, Hartgen, Harwood, Henderson, Higgins, Jaquet, Killen, King, Lacey, Lake, Luker, The question being, "Shall H 138 pass?" Marriott, McGeachin, McMillan, Moyle, Nesset, Nielsen, Nonini, Palmer, Patrick, Pence, Perry, Raybould, Ringo, Roll call resulted as follows: Roberts, Rusche, Schaefer, Shepherd, Shirley, Simpson, Sims, AYES – Anderson, Andrus, Barbieri, Barrett, Bateman, Smith(30), Stevenson, Takasugi(Batt), Thayn, Thompson, Trail, Bayer, Bedke, Bell, Bilbao, Black, Block, Bolz, Boyle, Vander Woude, Wills, Wood(27), Wood(35), Mr. Speaker. Buckner-Webb, Burgoyne, Chadderdon(Chadderdon), Total – 67. Chew, Collins, Cronin, DeMordaunt, Ellsworth, Eskridge, NAYS – None. Gibbs(Wheeler), Guthrie, Hagedorn, Hartgen, Harwood, Absent and excused – Hart, Loertscher, Smith(24). Total – 3. Henderson, Higgins, Jaquet, Killen, King, Lacey, Lake, Luker, Total – 70. Marriott, McGeachin, McMillan, Moyle, Nesset, Nielsen, Nonini, Palmer, Patrick, Pence, Perry, Raybould, Ringo, Whereupon the Speaker declared that H 172 passed the Roberts, Rusche, Schaefer, Shepherd, Shirley, Simpson, Sims, House. Title was approved and the bill ordered transmitted to Smith(30), Stevenson, Takasugi(Batt), Thayn, Thompson, Trail, the Senate. Vander Woude, Wills, Wood(27), Wood(35), Mr. Speaker. Total – 66. H 178 was read the third time at length, section by section, NAYS – None. and placed before the House for final consideration. Absent and excused – Crane, Hart, Loertscher, Smith(24). Total – 4. At this time, the Speaker recognized Mr. Wood(27) to open Total – 70. debate. Whereupon the Speaker declared that H 138 passed the The question being, "Shall H 178 pass?" House. Title was approved and the bill ordered transmitted to the Senate. Roll call resulted as follows: AYES – Anderson, Andrus, Barrett, Bateman, Bayer, H 167 was read the third time at length, section by section, Bedke, Bell, Bilbao, Black, Block, Bolz, Buckner-Webb, and placed before the House for final consideration. Burgoyne, Chadderdon(Chadderdon), Chew, Collins, Crane, Cronin, DeMordaunt, Ellsworth, Eskridge, Gibbs(Wheeler), At this time, the Speaker recognized Mr. Bateman to open Guthrie, Hagedorn, Hartgen, Harwood, Henderson, Higgins, debate. Jaquet, Killen, King, Lacey, Lake, Luker, Marriott, McGeachin, The question being, "Shall H 167 pass?" McMillan, Moyle, Nesset, Nonini, Patrick, Pence, Perry, Raybould, Ringo, Roberts, Rusche, Schaefer, Shepherd, Roll call resulted as follows: Shirley, Simpson, Smith(30), Stevenson, Takasugi(Batt), Thayn, AYES – Anderson, Andrus, Barbieri, Barrett, Bateman, Thompson, Trail, Vander Woude, Wills, Wood(27), Wood(35), Bayer, Bedke, Bell, Bilbao, Black, Block, Bolz, Boyle, Mr. Speaker. Total – 62. Buckner-Webb, Burgoyne, Chadderdon(Chadderdon), NAYS – Barbieri, Boyle, Palmer, Sims. Total – 4. Chew, Collins, Cronin, DeMordaunt, Ellsworth, Eskridge, Absent and excused – Hart, Loertscher, Nielsen, Smith(24). Gibbs(Wheeler), Guthrie, Hagedorn, Hartgen, Harwood, Total – 4. Henderson, Higgins, Jaquet, Killen, King, Lacey, Lake, Luker, Total – 70. Marriott, McGeachin, McMillan, Moyle, Nesset, Nielsen, Whereupon the Speaker declared that H 178 passed the Nonini, Palmer, Patrick, Pence, Perry, Raybould, Ringo, House. Title was approved and the bill ordered transmitted to Roberts, Rusche, Schaefer, Shepherd, Shirley, Simpson, Sims, the Senate. Smith(30), Stevenson, Takasugi(Batt), Thayn, Thompson, Trail, Vander Woude, Wills, Wood(27), Wood(35), Mr. Speaker. H 148 was read the third time at length, section by section, Total – 66. and placed before the House for final consideration. NAYS – None. Absent and excused – Crane, Hart, Loertscher, Smith(24). At this time, the Speaker recognized Mr. Bayer to open Total – 4. debate. Total – 70. Pursuant to Rule 38(3), Ms. Batt disclosed a conflict of Whereupon the Speaker declared that H 167 passed the interest regarding H 148. House. Title was approved and the bill ordered transmitted to the Senate. The question being, "Shall H 148 pass?"

H 172 was read the third time at length, section by section, Roll call resulted as follows: and placed before the House for final consideration. AYES – Anderson, Andrus, Barbieri, Barrett, Bateman, At this time, the Speaker recognized Mr. Moyle and Bayer, Bedke, Bell, Bilbao, Black, Block, Bolz, Boyle, Mr. Burgoyne to open debate. Buckner-Webb, Burgoyne, Chadderdon(Chadderdon), Chew, Collins, Crane, Cronin, DeMordaunt, Ellsworth, Eskridge, The question being, "Shall H 172 pass?" Gibbs(Wheeler), Guthrie, Hagedorn, Hartgen, Harwood, Henderson, Higgins, Jaquet, Killen, King, Lacey, Lake, Roll call resulted as follows: Luker, Marriott, McGeachin, McMillan, Moyle, Nesset, AYES – Anderson, Andrus, Barbieri, Barrett, Bateman, Nonini, Palmer, Patrick, Pence, Perry, Raybould, Ringo, Bayer, Bedke, Bell, Bilbao, Black, Block, Bolz, Boyle, Roberts, Rusche, Schaefer, Shepherd, Shirley, Simpson, Sims, Buckner-Webb, Burgoyne, Chadderdon(Chadderdon), Chew, Smith(30), Stevenson, Takasugi(Batt), Thayn, Thompson, Trail, 136 HOUSE JOURNAL February 25, 2011]

Vander Woude, Wills, Wood(27), Wood(35), Mr. Speaker. H 147 was read the third time at length, section by section, Total – 66. and placed before the House for final consideration. NAYS – None. Absent and excused – Hart, Loertscher, Nielsen, Smith(24). At this time, the Speaker recognized Mr. Wills to open Total – 4. debate. Total – 70. The question being, "Shall H 147 pass?" Whereupon the Speaker declared that H 148 passed the House. Title was approved and the bill ordered transmitted to Roll call resulted as follows: the Senate. AYES – Anderson, Andrus, Barbieri, Barrett, Bateman, Bayer, Bedke, Bell, Bilbao, Black, Block, Bolz, Boyle, S 1058 was read the third time at length, section by section, Buckner-Webb, Burgoyne, Chadderdon(Chadderdon), Chew, and placed before the House for final consideration. Collins, Crane, Cronin, DeMordaunt, Ellsworth, Eskridge, Gibbs(Wheeler), Guthrie, Hagedorn, Hartgen, Harwood, At this time, the Speaker recognized Mr. Thompson to open Henderson, Higgins, Jaquet, Killen, King, Lacey, Lake, debate. Luker, Marriott, McGeachin, McMillan, Moyle, Nesset, The question being, "Shall S 1058 pass?" Nonini, Palmer, Patrick, Pence, Perry, Raybould, Ringo, Roberts, Rusche, Schaefer, Shepherd, Shirley, Simpson, Sims, Roll call resulted as follows: Smith(30), Stevenson, Takasugi(Batt), Thayn, Thompson, Trail, AYES – Anderson, Andrus, Barrett, Bateman, Bayer, Vander Woude, Wills, Wood(27), Wood(35), Mr. Speaker. Bedke, Bell, Bilbao, Black, Block, Bolz, Buckner-Webb, Total – 66. Burgoyne, Chadderdon(Chadderdon), Chew, Collins, Crane, NAYS – None. Cronin, DeMordaunt, Ellsworth, Eskridge, Gibbs(Wheeler), Absent and excused – Hart, Loertscher, Nielsen, Smith(24). Guthrie, Hagedorn, Hartgen, Henderson, Higgins, Jaquet, Total – 4. Killen, King, Lacey, Lake, Luker, Marriott, McGeachin, Nesset, Total – 70. Nonini, Patrick, Pence, Perry, Raybould, Ringo, Roberts, Whereupon the Speaker declared that H 147 passed the Rusche, Schaefer, Shirley, Simpson, Smith(30), Stevenson, House. Title was approved and the bill ordered transmitted to Takasugi(Batt), Thompson, Trail, Vander Woude, Wills, the Senate. Wood(27), Wood(35), Mr. Speaker. Total – 57. NAYS – Barbieri, Boyle, Harwood, McMillan, Moyle, Mr. Nonini asked unanimous consent that Palmer, Shepherd, Sims, Thayn. Total – 9. S 1050 retain its place on the Third Reading Calendar until Absent and excused – Hart, Loertscher, Nielsen, Smith(24). Monday, February 28, 2011. There being no objection, it was Total – 4. so ordered. Total – 70. H 152 was read the third time at length, section by section, Whereupon the Speaker declared that S 1058 passed the and placed before the House for final consideration. House. Title was approved and the bill ordered returned to the Senate. At this time, the Speaker recognized Mr. Vander Woude to open debate. H 144 was read the third time at length, section by section, and placed before the House for final consideration. Pursuant to Rule 38(3), Mr. Vander Woude disclosed a conflict of interest regarding H 152. At this time, the Speaker recognized Mr. Roberts to open debate. The question being, "Shall H 152 pass?"

The question being, "Shall H 144 pass?" Roll call resulted as follows: AYES – Anderson, Andrus, Barrett, Bateman, Bayer, Roll call resulted as follows: Bedke, Bell, Bilbao, Black, Block, Bolz, Boyle, Buckner-Webb, AYES – Anderson, Andrus, Barbieri, Barrett, Bateman, Chadderdon(Chadderdon), Chew, Collins, Crane, Cronin, Bayer, Bedke, Bell, Bilbao, Black, Block, Bolz, Boyle, DeMordaunt, Ellsworth, Eskridge, Gibbs(Wheeler), Guthrie, Buckner-Webb, Burgoyne, Chadderdon(Chadderdon), Chew, Hartgen, Henderson, Higgins, Jaquet, Killen, King, Lacey, Lake, Collins, Crane, Cronin, DeMordaunt, Ellsworth, Eskridge, McGeachin, McMillan, Nesset, Palmer, Patrick, Pence, Perry, Gibbs(Wheeler), Guthrie, Hagedorn, Hartgen, Harwood, Raybould, Ringo, Roberts, Rusche, Schaefer, Shepherd, Shirley, Henderson, Higgins, Jaquet, Killen, King, Lacey, Lake, Simpson, Smith(30), Stevenson, Takasugi(Batt), Thompson, Luker, Marriott, McGeachin, McMillan, Moyle, Nesset, Trail, Vander Woude, Wood(27), Wood(35), Mr. Speaker. Nonini, Palmer, Patrick, Pence, Perry, Raybould, Ringo, Total – 55. Roberts, Rusche, Schaefer, Shepherd, Shirley, Simpson, Sims, NAYS – Barbieri, Burgoyne, Hagedorn, Harwood, Luker, Smith(30), Stevenson, Takasugi(Batt), Thayn, Thompson, Trail, Marriott, Moyle, Nonini, Sims, Thayn. Total – 10. Vander Woude, Wills, Wood(27), Wood(35), Mr. Speaker. Absent and excused – Hart, Loertscher, Nielsen, Smith(24), Total – 66. Wills. Total – 5. NAYS – None. Total – 70. Absent and excused – Hart, Loertscher, Nielsen, Smith(24). Total – 4. Whereupon the Speaker declared that H 152 passed the Total – 70. House. Title was approved and the bill ordered transmitted to the Senate. Whereupon the Speaker declared that H 144 passed the House. Title was approved and the bill ordered transmitted to H 164 was read the third time at length, section by section, the Senate. and placed before the House for final consideration. [February 25, 2011 HOUSE JOURNAL 137

At this time, the Speaker recognized Mr. Bilbao to open Whereupon the Speaker declared the House adjourned at debate. 11:33 p.m. LAWERENCE DENNEY, Speaker The question being, "Shall H 164 pass?" ATTEST: Roll call resulted as follows: BONNIE ALEXANDER, Chief Clerk AYES – Anderson, Andrus, Barbieri, Barrett, Bateman, Bayer, Bedke, Bell, Bilbao, Black, Block, Bolz, Boyle, Buckner-Webb, Chadderdon(Chadderdon), Chew, Collins, Cronin, DeMordaunt, Ellsworth, Eskridge, Gibbs(Wheeler), Guthrie, Hagedorn, Hartgen, Harwood, Henderson, Higgins, Jaquet, Killen, King, Lacey, Lake, Marriott, McGeachin, McMillan, Moyle, Nesset, Nonini, Palmer, Patrick, Pence, Perry, Raybould, Ringo, Roberts, Rusche, Schaefer, Shepherd, Simpson, Sims, Smith(30), Stevenson, Takasugi(Batt), Thayn, Thompson, Trail, Vander Woude, Wood(27), Wood(35), Mr. Speaker. Total – 61. NAYS – Burgoyne, Luker. Total – 2. Absent and excused – Crane, Hart, Loertscher, Nielsen, Shirley, Smith(24), Wills. Total – 7. Total – 70. Whereupon the Speaker declared that H 164 passed the House. Title was approved and the bill ordered transmitted to the Senate.

H 165 was read the third time at length, section by section, and placed before the House for final consideration. At this time, the Speaker recognized Mrs. McGeachin to open debate. The question being, "Shall H 165 pass?"

Roll call resulted as follows: AYES – Anderson, Andrus, Barbieri, Barrett, Bateman, Bayer, Bedke, Bell, Bilbao, Black, Block, Bolz, Boyle, Buckner-Webb, Burgoyne, Chadderdon(Chadderdon), Chew, Collins, Crane, Cronin, DeMordaunt, Ellsworth, Eskridge, Gibbs(Wheeler), Guthrie, Hagedorn, Hartgen, Harwood, Henderson, Higgins, Jaquet, Killen, King, Lacey, Lake, Luker, Marriott, McGeachin, McMillan, Moyle, Nesset, Nonini, Palmer, Patrick, Pence, Perry, Raybould, Ringo, Roberts, Rusche, Schaefer, Shepherd, Simpson, Sims, Smith(30), Stevenson, Takasugi(Batt), Thayn, Thompson, Trail, Vander Woude, Wood(27), Wood(35), Mr. Speaker. Total – 64. NAYS – None. Absent and excused – Hart, Loertscher, Nielsen, Shirley, Smith(24), Wills. Total – 6. Total – 70. Whereupon the Speaker declared that H 165 passed the House. Title was approved and the bill ordered transmitted to the Senate. Mr. Moyle asked unanimous consent that the remaining bills on the Third Reading Calendar retain their places until Monday, February 28, 2011. There being no objection, it was so ordered. There being no objection, the House advanced to the Sixteenth Order of Business.

Adjournment Mr. Moyle moved that the House adjourn until 10:30 a.m., Monday, February 28, 2011. Seconded by Mr. Rusche. Motion carried. 138 HOUSE JOURNAL February 28, 2011]

HOUSE JOURNAL Dear Mr. Speaker: I have the honor to advise you that I have signed today and OF THE am transmitting to the Secretary of State the following House bills, to wit: IDAHO LEGISLATURE H 89, H 72, H 90, H 45, H 74, and H 71 FIRST REGULAR SESSION As Always - Idaho, "Esto Perpetua" SIXTY-FIRST LEGISLATURE /s/ C.L. "Butch" Otter Governor February 25, 2011 Mr. Speaker: I transmit herewith enrolled S 1010, S 1012, S 1045, S 1056, FIFTIETH LEGISLATIVE DAY and S 1060 for the signature of the Speaker. MONDAY, FEBRUARY 28, 2011 WOOD, Secretary The Speaker announced he was about to sign enrolled House of Representatives S 1010, S 1012, S 1045, S 1056, and S 1060 and, when so signed, ordered them returned to the Senate. The House convened at 10:30 a.m., the Speaker in the Chair. February 25, 2011 Roll call showed 69 members present. Mr. Speaker: Absent and excused – Anderson. Total – 1. I transmit herewith SCR 106 which has passed the Senate. Total – 70. WOOD, Secretary Prayer was offered by Chaplain Tom Dougherty. SCR 106 was filed for first reading. The Pledge of Allegiance was led by Isaac Best, Page. February 25, 2011 Approval of Journal Mr. Speaker: I return herewith HP 4, HCR 7, and HCR 6 which have February 28, 2011 passed the Senate. Mr. Speaker: WOOD, Secretary We, your COMMITTEE ON JUDICIARY, RULES, AND ADMINISTRATION, report that we have read and approved HP 4 was ordered filed in the office of the Chief Clerk. the House Journal of the Forty-seventh Legislative Day and recommend that same be adopted as corrected. HCR 7 and HCR 6 were referred to the Judiciary, Rules, and WILLS, Chairman Administration Committee for enrolling. Mr. Wills moved that the report be adopted. Seconded by Report of Standing Committees Mr. Burgoyne. Report adopted. February 28, 2011 Consideration of Messages from the Mr. Speaker: Governor and the Senate We, your COMMITTEE ON JUDICIARY, RULES, AND ADMINISTRATION, report that we have printed H 202. OFFICE OF THE GOVERNOR WILLS, Chairman Boise H 202 was referred to the State Affairs Committee. February 24, 2011 February 25, 2011 The Honorable Lawerence Denney Mr. Speaker: Speaker of the House We, your COMMITTEE ON COMMERCE AND HUMAN RESOURCES, report that we have had under consideration Dear Mr. Speaker: H 108 and HCR 5 and recommend that they do pass. I have the honor to advise you that I have signed today and BLOCK, Chairman am transmitting to the Secretary of State the following House bill, to wit: H 108 and HCR 5 were filed for second reading. H 70 February 25, 2011 As Always - Idaho, "Esto Perpetua" Mr. Speaker: /s/ C.L. "Butch" Otter We, your COMMITTEE ON JUDICIARY, RULES, Governor AND ADMINISTRATION, report that we have had under consideration S 1044, as amended, and S 1057, as amended, and OFFICE OF THE GOVERNOR recommend that they do pass. Boise WILLS, Chairman February 25, 2011 S 1044, as amended, and S 1057, as amended, were filed for second reading. The Honorable Lawerence Denney Speaker of the House There being no objection, the House advanced to the Seventh Order of Business. [February 28, 2011 HOUSE JOURNAL 139

Motions, Memorials, and Resolutions HOUSE JOINT MEMORIAL NO. 3 BY STATE AFFAIRS COMMITTEE A JOINT MEMORIAL HOUSE CONCURRENT RESOLUTION NO. 18 TO THE SENATE AND HOUSE OF REPRESENTATIVES BY EDUCATION COMMITTEE OF THE UNITED STATES IN CONGRESS ASSEMBLED, TO A CONCURRENT RESOLUTION THE CONGRESSIONAL DELEGATION REPRESENTING STATING FINDINGS OF THE LEGISLATURE AND THE STATE OF IDAHO IN THE CONGRESS OF THE RECOUNTING THE HISTORY OF THE DISCOVERY UNITED STATES, AND TO SECRETARY KATHLEEN OF GOLD IN IDAHO AND THE GEORGE GRIMES SEBELIUS, SECRETARY OF THE U.S. DEPARTMENT OF MONUMENT AND OFFICIALLY RECOGNIZING THE HEALTH AND HUMAN SERVICES. IDAHO SESQUICENTENNIAL CELEBRATION AND THE We, your Memorialists, the House of Representatives GOLD 2012 COMMITTEE. and the Senate of the State of Idaho assembled in the First Regular Session of the Sixty-first Idaho Legislature, do hereby Be It Resolved by the Legislature of the State of Idaho: respectfully represent that: WHEREAS, licensed health insurance agents and brokers WHEREAS, gold was discovered in Washington Territory, provide an invaluable service in assisting consumers to navigate now Boise County, Idaho, in August 1862 by a party of twelve America's complex health care delivery system; and miners led by Moses Splawn, George Grimes and Joseph WHEREAS, licensed health insurance agents and brokers Branstetter; and provide thousands of jobs in the state of Idaho; and WHEREAS, George Grimes lost his life and was buried in WHEREAS, on August 17, 2010, the National Association what is now known as Grimes Pass, which is located in Boise of Insurance Commissioners passed a resolution recognizing County, Idaho; and that: "Licensed health insurance producers (agents and brokers) WHEREAS, in August 1914, Dr. John C. Mitchell delivered provide a wide range of services for both individual consumers an address at the Grimes grave, noting the dilapidated condition and the business community"; and of the fence and marker; and WHEREAS, the federal Patient Protection and Affordable WHEREAS, in April 1920, Dr. R.W. Hale and Frank Coffin Care Act requires that insurance carriers abide by strict Medical began efforts to raise funds for the purpose of erecting a suitable Loss Ratio (MLR) requirements that have led many carriers to monument in memory of George Grimes as an Idaho pathfinder; dramatically reduce insurance commissions that could ultimately and force many agents and brokers to cut their workforces or close WHEREAS, on April 22, 1926, the U.S. Forest Service gave their businesses entirely; and the Sons of Idaho five acres surrounding George Grimes' grave WHEREAS, agent and broker commissions are pass-through for the purpose of erecting a monument in memory of George fees that are collected from the purchaser of insurance and passed Grimes; and on to the agent and should not constitute an administrative WHEREAS, on September 11, 1926, the Sons of Idaho expense; and erected a monument of native granite and Governor James H. WHEREAS, the U.S. Department of Health and Human Hawley dedicated the monument in honor of the venturesome Services issued interim final rules that include agent commissions spirit of George Grimes; and in the MLR calculation; and WHEREAS, in 2010, the Boise Basin Boosters formed WHEREAS, the National Association of Insurance the Gold 2012 Committee to preserve and restore the Grimes Commissioners expressed concern that the U.S. Department of Monument site; and Health and Human Services regulations will have a negative WHEREAS, the Gold 2012 Committee has undertaken effect on the ability of insurance agents and brokers to continue to preserve the Grimes Monument, historic cemeteries in the assisting health insurance consumers at a time of rapid change Centerville Valley, Boise County, Idaho, and to celebrate the that makes their role even more essential; and 150th year of the discovery of gold in Idaho; and WHEREAS, the National Conference of Insurance WHEREAS, in April 2010, it was discovered that access to Legislators urged the Department of Health and Human Services the Grimes Monument site had been removed and replaced with to exclude agent and broker compensation from the calculation an ATV trail leading to the imminent danger of the monument of the MLR. collapsing; and NOW, THEREFORE, BE IT RESOLVED by the members WHEREAS, in June 2010, the Gold 2012 Committee made of the First Regular Session of the Sixty-first Idaho Legislature, emergency repairs to stabilize the Grimes Monument; and the House of Representatives and the Senate concurring therein, WHEREAS, in September 2010, the United States Forest that we urgently appeal to the U.S. Department of Health and Service erected a fence to restrict access to the Grimes Monument Human Services to remove health insurance agent and broker site, allowing foot traffic only; and commissions from the MLR calculation; and WHEREAS, the year 2012 will mark the 150th year of BE IT FURTHER RESOLVED that we strongly encourage the discovery of gold in Washington Territory, an event that Congress to pass legislation that amends the Patient Protection contributed to the establishment of the state of Idaho; and and Affordable Care Act to remove agent and broker WHEREAS, further restoration of the Grimes Monument, as commissions from the MLR calculation to protect consumers well as surrounding historical sites that have fallen into disrepair, and the potential loss of thousands of jobs in Idaho. is needed. BE IT FURTHER RESOLVED that the Chief Clerk of the NOW, THEREFORE, BE IT RESOLVED by the members House of Representatives be, and she is hereby authorized and of the First Regular Session of the Sixty-first Idaho Legislature, directed to forward a copy of this Memorial to the President of the House of Representatives and the Senate concurring therein, the Senate and the Speaker of the House of Representatives of that the week of July 28 through August 4, 2012, be officially Congress, the congressional delegation representing the State recognized as the Idaho Sesquicentennial Celebration and that the of Idaho in the Congress of the United States, and to Secretary Gold 2012 Committee be the official state of Idaho organizer for Kathleen Sebelius, Secretary of the U.S. Department of Health such Celebration. and Human Services. 140 HOUSE JOURNAL February 28, 2011]

HOUSE CONCURRENT RESOLUTION NO. 19 STATING FINDINGS OF THE LEGISLATURE AND BY STATE AFFAIRS COMMITTEE REQUESTING THE GOVERNOR AND THE DEPARTMENT A CONCURRENT RESOLUTION OF ADMINISTRATION TO WORK WITH THE NECESSARY STATING FINDINGS OF THE LEGISLATURE AND PARTIES TO CREATE A HIGH DEDUCTIBLE HEALTH CONGRATULATING IDAHO NATIONAL LABORATORY SAVINGS ACCOUNT INSURANCE POLICY FOR ON ITS ACHIEVEMENTS AND RECOGNIZING STATE STATE PUBLIC EMPLOYEES WITH SPECIFIED BASIC AND FEDERAL OFFICIALS FOR THEIR LEADERSHIP IN CHARACTERISTICS, REQUESTING THE STUDY OF SUSTAINING THE LABORATORY'S FUTURE. CERTAIN HIGH RISK INSURANCE PRODUCTS AND REQUESTING PRESENTATION OF THE REQUESTED Be It Resolved by the Legislature of the State of Idaho: INSURANCE PRODUCTS TO THE LEGISLATURE.

WHEREAS, the year 2011 marks the 60th anniversary of a Be It Resolved by the Legislature of the State of Idaho: technological milestone that has forever thrust Idaho into a place of global prominence - that milestone being the world's first WHEREAS, the state of Idaho is experiencing ongoing production of usable amounts of electricity from nuclear power budget shortfalls that are requiring cuts in basic and necessary at the Experimental Breeder Reactor I (EBR-I); and services including education, infrastructure and social services; WHEREAS, this pioneering first reactor built in Idaho, the and 51 others that followed it and the supporting labs and related WHEREAS, it has been shown that high deductible policies facilities that have risen on both the expansive Arco Desert site coupled with health savings accounts provide the foundation for and within the city of Idaho Falls represent multibillion dollar a more efficient and effective health care system; and good faith investments by the federal government to create WHEREAS, the state of Idaho and its employees and retirees globally distinctive facilities for the future of nuclear science spent $177 million on medical premiums in 2010; and and engineering; and WHEREAS, according to one estimate, the state of Idaho WHEREAS, scientific infrastructure renewal efforts began and its approximate 20,100 employees and retirees could spend as to accelerate anew in 2005, resulting in the construction or little as $25 million for premiums for a $10,000 deductible policy, modification and occupation of six new facilities in Idaho Falls fund a portion of a Health Savings Account and still save up to and five labs and offices on the Idaho National Laboratory (INL) $100 million; and Site between that time and the end of 2010; and WHEREAS, rising medical costs are a problem affecting WHEREAS, ground was just broken on a massive new families, businesses and local and state government budgets 91,000 square foot Energy Systems Laboratory on the INL now consuming approximately 15 percent of the gross domestic campus in Idaho Falls, which is due for completion in late 2012, product; and and which clearly demonstrates the U.S. Department of Energy's WHEREAS, tax rates and regulatory costs are at high levels intentions to continue to perform national priority energy security burdening Idaho citizens; and work at Idaho's national laboratory; and WHEREAS, the state of Idaho could use its resources more WHEREAS, the Department of Energy (DOE) and its efficiently in the area of medical care; and cleanup contractors have created an enhanced environment WHEREAS, medical reform is needed to reduce costs and for similar future investments in Idaho by cost-effectively improve care through reduction of administrative paperwork and accelerating the cleanup and shipment out of state of legacy to restore consumer-driven choice and true market competition wastes long stored at the INL Site; and between providers. WHEREAS, the courage and leadership of Governor NOW, THEREFORE, BE IT RESOLVED by the members Otter, working collaboratively with Attorney General Wasden of the First Regular Session of the Sixty-first Idaho Legislature, and the U.S. Department of Energy, has resulted in a the House of Representatives and the Senate concurring therein, critical new Memorandum of Agreement allowing Settlement that the Governor and the Department of Administration are Agreement-compliant quantities of used commercial fuel to be requested to work with the necessary parties to create a High brought in for examination and testing at INL, thereby securing Deductible Health Savings Account Insurance Policy for state the ongoing scientific relevance of the lab and enhancing the public employees and their dependents with the following basic economic stability of all of Idaho as a consequence. characteristics: NOW, THEREFORE, BE IT RESOLVED by the members 1. A High Deductible Health Insurance Policy; of the First Regular Session of the Sixty-first Idaho Legislature, 2. A Health Savings Account for each person that the House of Representatives and the Senate concurring therein, allows unused balances to remain in the possession and that we hereby congratulate Idaho National Laboratory on the ownership of the insured person from year to year, to be 60th anniversary of its EBR-I nuclear electricity milestone, used for medical expenses, with the account to be made tax acknowledge the federal government's historic and ongoing deductible; investments in creating and maintaining globally distinctive 3. All medical bills incurred under the deductible amount nuclear energy research facilities in our home state, encourage a will be paid for by the person using their Health Savings continuation of the safe and cost-effectively accelerated cleanup Account; of the site, and applaud our Governor, Attorney General and the 4. All paperwork requirements to be kept by the insured U.S. Department of Energy for their vision and leadership in until the deductible is met upon which time the paperwork crafting a means to protect Idaho's environmental interests while will be presented to the insurance company by the individual concurrently brightening the future mission prospects of Idaho covered, the purpose being to reduce paperwork cost; National Laboratory. 5. That for state public employees, said plan is to include at least an annual $2,500 payment from the state to the Health HOUSE CONCURRENT RESOLUTION NO. 20 Savings Account for each insured state employee; BY STATE AFFAIRS COMMITTEE 6. That this high deductible and Health Savings Account A CONCURRENT RESOLUTION combination be the preferred insurance option for all state [February 28, 2011 HOUSE JOURNAL 141

public employees in order to create a pool large enough to 33-2407, IDAHO CODE, TO PROVIDE FOR POWERS AND achieve premium savings that will actually reduce costs; and DUTIES OF THE DIRECTOR; AMENDING CHAPTER 7. That this insurance policy be designed so that it may be 24, TITLE 33, IDAHO CODE, BY THE ADDITION OF A expanded to include public school teachers, local government NEW SECTION 33-2408, IDAHO CODE, TO PROVIDE FOR employees and eventually an option for all willing citizens of REMEDIES, TO PROVIDE FOR A HEARING, TO PROVIDE the state of Idaho. FOR CIVIL PENALTIES AND TO PROVIDE THAT A BE IT FURTHER RESOLVED that the Governor and the COURT MAY ENTER AN ORDER TO RECOVER COSTS; Department of Administration are requested to study companion AND AMENDING SECTION 33-2409, IDAHO CODE, insurance products to care for those with high medical costs that TO PROVIDE PROVISIONS RELATING TO CRIMINAL need special attention, including the creation of a special high risk PENALTIES. pool or incorporation of those with high medical costs into the existing Idaho High Risk Insurance Pool, but with the premium HOUSE BILL NO. 205 cost not to exceed 10 percent of the total premium cost. BY EDUCATION COMMITTEE BE IT FURTHER RESOLVED that the Governor and AN ACT the Department of Administration are requested to present the RELATING TO PUBLIC LIBRARIES; AMENDING insurance products requested in this concurrent resolution to the CHAPTER 27, TITLE 33, IDAHO CODE, BY THE ADDITION Legislature for its review and approval at the start of the 2012 OF A NEW SECTION 33-2741, IDAHO CODE, TO PROVIDE Legislative Session. PROVISIONS RELATING TO PUBLIC LIBRARIES AND INTERNET USE POLICY, TO PROVIDE THAT PUBLIC HCR 18, HJM 3, HCR 19, and HCR 20 were introduced, LIBRARIES SHALL HAVE IN PLACE A POLICY OF read the first time by title, and referred to the Judiciary, Rules, INTERNET SAFETY AND SHALL ENFORCE THE and Administration Committee for printing. OPERATION OF CERTAIN TECHNOLOGY PROTECTION MEASURES, TO PROVIDE THAT THIS SECTION SHALL SCR 106, by State Affairs Committee, was introduced, read NOT PROHIBIT A PUBLIC LIBRARY FROM LIMITING the first time by title, and referred to the State Affairs Committee. INTERNET ACCESS OR OTHERWISE PROTECTING Introduction, First Reading, and Reference AGAINST MATERIAL OTHER THAN MATERIAL of Bills and Joint Resolutions SPECIFIED IN THIS SECTION, TO PROVIDE FOR DISABLING A TECHNOLOGY PROTECTION MEASURE, HOUSE BILL NO. 203 TO PROVIDE PROVISIONS RELATING TO ADOPTION BY APPROPRIATIONS COMMITTEE OF A POLICY, TO PROVIDE FOR NOTICE, TO PROVIDE AN ACT PROVISIONS RELATING TO REQUIREMENTS OF THE RELATING TO APPROPRIATIONS AND TRANSFERS POLICY, TO PROVIDE DEFINITIONS AND TO PROVIDE OF FUNDS; PROVIDING AN APPROPRIATION AND A FOR A LIMITATION OF THIS SECTION. TRANSFER OF FUNDS TO THE FIRE SUPPRESSION DEFICIENCY FUND; PROVIDING AN APPROPRIATION AND A TRANSFER OF FUNDS TO THE PEST CONTROL HOUSE BILL NO. 206 DEFICIENCY FUND; PROVIDING AN APPROPRIATION BY STATE AFFAIRS COMMITTEE AND A TRANSFER OF FUNDS TO THE HAZARDOUS AN ACT SUBSTANCE EMERGENCY RESPONSE FUND; AND RELATING TO POULTRY; AMENDING TITLE 25, DECLARING AN EMERGENCY. IDAHO CODE, BY THE ADDITION OF A NEW CHAPTER 40, TITLE 25, IDAHO CODE, TO PROVIDE FOR THE HOUSE BILL NO. 204 POULTRY ENVIRONMENTAL ACT, TO PROVIDE A BY EDUCATION COMMITTEE SHORT TITLE, TO DEFINE TERMS, TO PROVIDE FOR AN ACT PERMITS AND TO PROVIDE FOR APPLICABILITY, TO RELATING TO EDUCATION; AMENDING SECTION PROVIDE FOR PERMIT APPLICATIONS, TO PROVIDE 33-2401, IDAHO CODE, TO REVISE DEFINITIONS; FOR THE REGISTRATION OF EXISTING FACILITIES, AMENDING SECTION 33-2402, IDAHO CODE, TO REVISE TO CLARIFY CONSTRUCTION OF SPECIFIED PROVISIONS RELATING TO THE REGISTRATION OF PROVISIONS, TO PROVIDE FOR THE SUBMISSION POSTSECONDARY EDUCATIONAL INSTITUTIONS; OF NUTRIENT MANAGEMENT PLANS, TO PROVIDE AMENDING SECTION 33-2403, IDAHO CODE, TO REVISE THAT APPLICATION FEES SHALL BE REQUIRED ONLY PROVISIONS RELATING TO THE REGISTRATION OF IN CERTAIN INSTANCES, TO REQUIRE PERMITS FOR PROPRIETARY SCHOOLS AND TO REVISE PROVISIONS CERTAIN EXPANSIONS OF OPERATIONS, TO PROVIDE RELATING TO EXEMPTIONS; AMENDING SECTION FOR THE DESIGN AND CONSTRUCTION OF CERTAIN 33-2404, IDAHO CODE, TO PROVIDE THAT NO AGENT NEW AND MODIFIED WASTEWATER STORAGE AND SHALL MAKE CERTAIN STATEMENTS OR ENGAGE IN CONTAINMENT FACILITIES, TO PROVIDE THAT THE CERTAIN PRACTICES, TO PROVIDE THAT A STUDENT REVIEW AND APPROVAL OF PLANS BY THE IDAHO MAY BRING AN ACTION AND TO DELETE PROVISIONS DEPARTMENT OF AGRICULTURE SHALL SUPERSEDE RELATING TO A PENALTY; AMENDING SECTION THE IDAHO DEPARTMENT OF ENVIRONMENTAL 33-2406, IDAHO CODE, TO PROVIDE THAT THE BOARD QUALITY'S IMPLEMENTATION OF A PLAN AND MAY PERMIT THE DIRECTOR TO ACCEPT FROM SPECIFICATION REVIEW AND APPROVAL, TO PROVIDE CERTAIN PROPRIETARY SCHOOLS CERTAIN BONDS THAT SPECIFIED DESIGN AND CONSTRUCTION SHALL AND TO PROVIDE THAT THE DIRECTOR MAY SUBMIT BE CONSIDERED A BEST MANAGEMENT PRACTICE, A DEMAND UPON THE SURETY ON THE BOND ON TO PROVIDE FOR NUTRIENT MANAGEMENT PLANS BEHALF OF A STUDENT OR STUDENTS IN CERTAIN AND TO PROVIDE FOR ANNUAL SOIL TESTS, TO SITUATIONS; AMENDING CHAPTER 24, TITLE 33, PROVIDE FOR INSPECTIONS, TO PROVIDE FOR THE IDAHO CODE, BY THE ADDITION OF A NEW SECTION REVIEW AND COPYING OF REQUIRED RECORDS, 142 HOUSE JOURNAL February 28, 2011]

TO PROVIDE FOR SAMPLING AND MONITORING OF Second Reading of Bills and Joint Resolutions CERTAIN SUBSTANCES OR PARAMETERS, TO PROVIDE FOR COMPLIANCE SCHEDULES AND MONITORING, TO H 160 and H 145, as amended, by Transportation and PROVIDE FOR FEES AND ASSESSMENTS, TO PROVIDE Defense Committee, were read the second time by title and filed FOR CREATION OF THE POULTRY INSPECTION for third reading. FUND, TO PROVIDE FOR DESIGNATION OF POULTRY S 1059, S 1061, S 1062, and S 1073, by Transportation ANIMAL FEEDING OPERATIONS AS MEDIUM POULTRY Committee, were read the second time by title and filed for third CONCENTRATED ANIMAL FEEDING OPERATIONS reading. UNDER CERTAIN CIRCUMSTANCES, TO PROVIDE FOR REDESIGNATION, TO AUTHORIZE RULEMAKING H 2, H 3, H 4, and H 182, by Health and Welfare Committee, BY THE DIRECTOR OF THE DEPARTMENT OF were read the second time by title and filed for third reading. AGRICULTURE, TO PROVIDE FOR VIOLATIONS, TO PROVIDE FOR THE REVOCATION OF PERMITS AND H 95, as amended, and H 99, as amended, by Local TO PROVIDE A PROCEDURE, TO PROVIDE FOR CIVIL Government Committee, were read the second time by title and PENALTIES AND TO PROVIDE FOR THE DEPOSIT OF filed for third reading. MONEYS COLLECTED FOR VIOLATIONS INTO THE H 104, as amended, by Education Committee, was read the STATE TREASURY TO BE CREDITED TO THE STATE second time by title and filed for third reading. SCHOOL BUILDING FUND; AMENDING SECTION 25-3801, IDAHO CODE, TO REMOVE REFERENCE H 137, as amended, by Resources and Conservation TO POULTRY OPERATIONS; AMENDING SECTION Committee, was read the second time by title and filed for third 39-104A, IDAHO CODE, TO REMOVE REFERENCES TO reading. POULTRY FEEDING OPERATIONS AND FACILITIES AND TO REVISE DEFINITIONS; AND DECLARING AN H 150, as amended, by Agricultural Affairs Committee, was EMERGENCY. read the second time by title and filed for third reading. Third Reading of Bills and Joint Resolutions HOUSE BILL NO. 207 S 1050 was read the third time at length, section by section, BY STATE AFFAIRS COMMITTEE and placed before the House for final consideration. AN ACT At this time, the Speaker recognized Mr. Nonini and RELATING TO THE IDAHO BUILDING CODE ACT; Mr. Henderson to open debate. AMENDING SECTION 39-4111, IDAHO CODE, TO REVISE PROVISIONS RELATING TO CERTAIN PERMITS. The question being, "Shall S 1050 pass?"

Roll call resulted as follows: HOUSE BILL NO. 208 AYES – Andrus, Barbieri, Barrett, Bateman, Bayer, Bedke, BY STATE AFFAIRS COMMITTEE Bell, Bilbao, Black, Block, Bolz, Boyle, Buckner-Webb, AN ACT Burgoyne, Chadderdon(Chadderdon), Collins, Crane, Cronin, RELATING TO COUNTY-BASED RENEWABLE DeMordaunt, Ellsworth, Eskridge, Gibbs(Wheeler), Guthrie, ENERGY COMMERCE AUTHORITIES; AMENDING Hagedorn, Hart, Hartgen, Harwood, Henderson, Higgins, TITLE 70, IDAHO CODE, BY THE ADDITION OF Jaquet, Killen, King, Lacey, Lake, Loertscher, Luker, Marriott, A NEW CHAPTER 23, TITLE 70, IDAHO CODE, TO McGeachin, McMillan, Moyle, Nesset, Nielsen, Nonini, AUTHORIZE A COUNTY-BASED RENEWABLE ENERGY Palmer, Patrick, Pence, Perry, Raybould, Ringo, Roberts, COMMERCE AUTHORITY, TO SET FORTH PURPOSES, TO Rusche, Schaefer, Shepherd, Shirley, Simpson, Sims, Smith(30), PROVIDE FOR ESTABLISHMENT AND ABOLISHMENT, Smith(24), Stevenson, Takasugi(Batt), Thayn, Thompson, Trail, TO PROVIDE FOR COMBINED INTERMODAL AND Vander Woude, Wills, Wood(27), Wood(35), Mr. Speaker. RENEWABLE ENERGY AUTHORITIES, TO PROVIDE FOR Total – 68. COMMISSIONERS, TO PROVIDE FOR THE COOPERATION NAYS – None. OF COUNTIES, TO SET FORTH GENERAL POWERS OF Absent and excused – Anderson, Chew. Total – 2. A COUNTY-BASED RENEWABLE ENERGY COMMERCE Total – 70. AUTHORITY, TO PROVIDE FOR RULES, POLICIES AND ORDERS, TO PROVIDE FOR SUPPLEMENTARY Whereupon the Speaker declared that S 1050 passed the POWERS, TO PROVIDE FOR THE GRANTING OF House. Title was approved and the bill ordered returned to the OPERATION AND USE PRIVILEGES, TO PROVIDE FOR Senate. THE DISPOSAL OF PROPERTY, TO PROVIDE FOR BONDS HCR 9 was read the third time at length and placed before AND OBLIGATIONS, TO PROVIDE FOR THE CREATION the House for final consideration. OF A DEBT SERVICE FUND AND TO SET FORTH PROVISIONS APPLICABLE TO FEDERAL, STATE AND At this time, the Speaker recognized Mr. Bilbao to open LOCAL MONEY. debate. Pursuant to Rule 38(3), Mr. Bolz disclosed a conflict of H 203, H 204, H 205, H 206, H 207, and H 208 were interest regarding HCR 9. introduced, read the first time by title, and referred to the Judiciary, Rules, and Administration Committee for printing. The question being, "Shall HCR 9 be adopted?" Roll call resulted as follows: There being no objection, the House advanced to the Tenth AYES – Andrus, Barbieri, Barrett, Bateman, Bayer, Bedke, Order of Business. Bell, Bilbao, Block, Boyle, Chadderdon(Chadderdon), Collins, [February 28, 2011 HOUSE JOURNAL 143

Crane, DeMordaunt, Ellsworth, Eskridge, Gibbs(Wheeler), Guthrie, Hagedorn, Hart, Hartgen, Henderson, Lake, Loertscher, Luker, Marriott, McGeachin, McMillan, Moyle, Nesset, Nielsen, Nonini, Palmer, Patrick, Raybould, Roberts, Shepherd, Shirley, Simpson, Sims, Thayn, Thompson, Vander Woude, Wood(27), Mr. Speaker. Total – 45. NAYS – Black, Bolz, Buckner-Webb, Burgoyne, Chew, Cronin, Harwood, Higgins, Jaquet, Killen, King, Lacey, Pence, Perry, Ringo, Rusche, Schaefer, Smith(30), Smith(24), Stevenson, Takasugi(Batt), Trail, Wills, Wood(35). Total – 24. Absent and excused – Anderson. Total – 1. Total – 70. Whereupon the Speaker declared HCR 9 adopted and ordered the resolution transmitted to the Senate. H 157 was read the third time at length, section by section, and placed before the House for final consideration. At this time, the Speaker recognized Mr. Bateman to open debate. The question being, "Shall H 157 pass?"

Roll call resulted as follows: AYES – Andrus, Barbieri, Barrett, Bateman, Bayer, Bedke, Bell, Bilbao, Black, Block, Bolz, Boyle, Buckner-Webb, Burgoyne, Chadderdon(Chadderdon), Chew, Collins, Crane, Cronin, DeMordaunt, Ellsworth, Eskridge, Gibbs(Wheeler), Guthrie, Hagedorn, Hart, Hartgen, Harwood, Henderson, Higgins, Jaquet, Killen, King, Lacey, Lake, Loertscher, Luker, Marriott, McGeachin, McMillan, Moyle, Nesset, Nielsen, Nonini, Palmer, Patrick, Pence, Perry, Raybould, Ringo, Roberts, Rusche, Schaefer, Shepherd, Shirley, Simpson, Sims, Smith(30), Smith(24), Stevenson, Takasugi(Batt), Thayn, Thompson, Trail, Vander Woude, Wills, Wood(27), Wood(35), Mr. Speaker. Total – 69. NAYS – None. Absent and excused – Anderson. Total – 1. Total – 70. Whereupon the Speaker declared that H 157 passed the House. Title was approved and the bill ordered transmitted to the Senate. Mr. Moyle asked unanimous consent that the remaining bills on the Third Reading Calendar retain their places for one legislative day. There being no objection, it was so ordered. There being no objection, the House advanced to the Sixteenth Order of Business. Adjournment Mr. Moyle moved that the House adjourn until 1:30 p.m., Tuesday, March 1, 2011. Seconded by Mr. Rusche. Motion carried. Whereupon the Speaker declared the House adjourned at 11:18 a.m. LAWERENCE DENNEY, Speaker ATTEST: BONNIE ALEXANDER, Chief Clerk 144 HOUSE JOURNAL March 1, 2011]

HOUSE JOURNAL March 1, 2011 Mr. Speaker: OF THE We, your COMMITTEE ON JUDICIARY, RULES, AND ADMINISTRATION, report that we have printed HCR 18, HJM 3, HCR 19, HCR 20, H 203, H 204, H 205, H 206, IDAHO LEGISLATURE H 207, and H 208. WILLS, Chairman FIRST REGULAR SESSION SIXTY-FIRST LEGISLATURE HCR 18 and H 203 were filed for second reading. HJM 3 and H 207 were referred to the Business Committee. HCR 19 was referred to the Environment, Energy, and Technology Committee. FIFTY-FIRST LEGISLATIVE DAY TUESDAY, MARCH 1, 2011 HCR 20 and H 208 were referred to the State Affairs Committee.

House of Representatives H 204 and H 205 were referred to the Education Committee. The House convened at 1:30 p.m., Mr. Moyle in the Chair. H 206 was referred to the Agricultural Affairs Committee. Roll call showed all 70 members present. March 1, 2011 Mr. Speaker: Prayer was offered by Chaplain Tom Dougherty. We, your COMMITTEE ON JUDICIARY, RULES, AND The Pledge of Allegiance was led by Emily Thiel, Page. ADMINISTRATION, report that we have enrolled HCR 7 and HCR 6. Approval of Journal WILLS, Chairman March 1, 2011 The Speaker Pro Tem announced the Speaker was about to Mr. Speaker: sign enrolled HCR 7 and HCR 6 and, when so signed, ordered We, your COMMITTEE ON JUDICIARY, RULES, AND them transmitted to the Senate for the signature of the President. ADMINISTRATION, report that we have read and approved the House Journal of the Fiftieth Legislative Day and recommend that February 28, 2011 same be adopted as corrected. Mr. Speaker: WILLS, Chairman We, your COMMITTEE ON LOCAL GOVERNMENT, report that we have had under consideration H 115 and Mr. Wills moved that the report be adopted. Seconded by recommend that it do pass. Mr. Burgoyne. Report adopted. BARRETT, Chairman H 115 was filed for second reading. Consideration of Messages from the March 1, 2011 Governor and the Senate Mr. Speaker: We, your COMMITTEE ON AGRICULTURAL AFFAIRS, February 28, 2011 report that we have had under consideration H 151 and Mr. Speaker: recommend that it do pass. I transmit herewith SCR 107 which has passed the Senate. TRAIL, Chairman WOOD, Secretary SCR 107 was filed for first reading. H 151 was filed for second reading. February 28, 2011 March 1, 2011 Mr. Speaker: Mr. Speaker: I transmit herewith S 1081, S 1082, S 1083, and We, your COMMITTEE ON STATE AFFAIRS, report that S 1094 which have passed the Senate. we have had under consideration H 187 and recommend that it WOOD, Secretary do pass. LOERTSCHER, Chairman S 1081, S 1082, S 1083, and S 1094 were filed for first reading. H 187 was filed for second reading. March 1, 2011 February 28, 2011 Mr. Speaker: Mr. Speaker: We, your COMMITTEE ON REVENUE AND TAXATION, I return herewith H 93 which has passed the Senate. report that we have had under consideration H 197 and WOOD, Secretary recommend that it do pass. LAKE, Chairman H 93 was referred to the Judiciary, Rules, and Administration Committee for enrolling. H 197 was filed for second reading. There being no objection, the House advanced to the Seventh Report of Standing Committees Order of Business. [March 1, 2011 HOUSE JOURNAL 145

Motions, Memorials, and Resolutions COUNTY MONETARY RESPONSIBILITY PER CLAIM AND TO MAKE A TECHNICAL CORRECTION; AND SCR 107, by State Affairs Committee, was introduced, read AMENDING SECTION 31-3519, IDAHO CODE, TO REVISE the first time by title, and referred to the State Affairs Committee. THE CLAIM AMOUNT REQUIRED TO BE FORWARDED Introduction, First Reading, and Reference BY THE CLERK TO THE BOARD OF THE CATASTROPHIC of Bills and Joint Resolutions HEALTH CARE COST PROGRAM.

HOUSE BILL NO. 209 HOUSE BILL NO. 213 BY WAYS AND MEANS COMMITTEE BY REVENUE AND TAXATION COMMITTEE AN ACT AN ACT RELATING TO ATTORNEY'S FEES, WITNESS FEES RELATING TO SALES TAX; AMENDING SECTION AND EXPENSES AWARDED IN CERTAIN INSTANCES; 63-3613, IDAHO CODE, TO DEFINE "SALES PRICE" FOR AMENDING SECTION 12-117, IDAHO CODE, TO REVISE SALES AND USE TAX PURPOSES TO CLARIFY THAT WHEN ATTORNEY'S FEES, WITNESS FEES AND SALES PRICE SHALL NOT INCLUDE A GRATUITY EXPENSES MAY BE AWARDED, TO REVISE DEFINITIONS OR TIP RECEIVED WHEN PAID TO THE SERVICE AND TO MAKE A TECHNICAL CORRECTION; AND PROVIDER OF A MEAL AND TO MAKE TECHNICAL DECLARING AN EMERGENCY. CORRECTIONS; DECLARING AN EMERGENCY AND PROVIDING RETROACTIVE APPLICATION. HOUSE BILL NO. 210 BY WAYS AND MEANS COMMITTEE HOUSE BILL NO. 214 AN ACT BY REVENUE AND TAXATION COMMITTEE RELATING TO THE RIGHT TO FARM; AMENDING AN ACT SECTION 22-4502, IDAHO CODE, TO DEFINE A TERM RELATING TO THE USE TAX; AMENDING SECTION AND TO REVISE DEFINITIONS; AMENDING SECTION 63-3621, IDAHO CODE, TO PROVIDE THE USE TAX SHALL 22-4503, IDAHO CODE, TO REVISE PROVISIONS NOT APPLY TO ANY USE OF A MOTOR VEHICLE WHICH PROVIDING THAT A CERTAIN OPERATION, FACILITY IS REGISTERED OR LICENSED UNDER THE LAWS AND EXPANSION ARE NOT A NUISANCE AND TO OF THE STATE OF RESIDENCE OF A NONRESIDENT REVISE PROVISIONS RELATING TO AN EXCEPTION; STUDENT WHILE SUCH NONRESIDENT STUDENT AMENDING SECTION 22-4504, IDAHO CODE, TO REVISE IS ENROLLED AS A FULL-TIME STUDENT IN AN PROVISIONS RELATING TO LOCAL ORDINANCES; INSTITUTION OF POSTSECONDARY EDUCATION THAT AMENDING CHAPTER 45, TITLE 22, IDAHO CODE, BY IS BOTH PHYSICALLY LOCATED IN IDAHO AND THE ADDITION OF A NEW SECTION 22-4505, IDAHO RECOGNIZED AS ACCREDITED BY THE STATE BOARD CODE, TO PROVIDE THAT CERTAIN INSTANCES SHALL OF EDUCATION; DECLARING AN EMERGENCY AND NOT CONSTITUTE A NUISANCE; AMENDING CHAPTER PROVIDING RETROACTIVE APPLICATION. 45, TITLE 22, IDAHO CODE, BY THE ADDITION OF A H 209, H 210, H 211, H 212, H 213, and H 214 were NEW SECTION 22-4506, IDAHO CODE, TO PROVIDE introduced, read the first time by title, and referred to the FOR SEVERABILITY; AND AMENDING SECTION Judiciary, Rules, and Administration Committee for printing. 50-2018, IDAHO CODE, TO PROVIDE CORRECT CODE REFERENCES. S 1081, S 1082, and S 1083, by Health and Welfare Committee, were introduced, read the first time by title, and HOUSE BILL NO. 211 referred to the Health and Welfare Committee. BY WAYS AND MEANS COMMITTEE AN ACT S 1094, by Transportation Committee, was introduced, read RELATING TO THE RIGHT TO FARM; AMENDING the first time by title, and referred to the State Affairs Committee. CHAPTER 45, TITLE 22, IDAHO CODE, BY THE ADDITION There being no objection, the House advanced to the Tenth OF A NEW SECTION 22-4505A, IDAHO CODE, TO Order of Business. PROVIDE FOR THE RECOVERY OF COSTS, EXPENSES AND ATTORNEY'S FEES BY AN OWNER OR OPERATOR Second Reading of Bills and Joint Resolutions OF AN AGRICULTURAL OPERATION OR FACILITY WHO PREVAILS IN AN ACTION ASSERTING THAT THE H 108 and HCR 5, by Commerce and Human Resources OPERATION OR FACILITY IS A NUISANCE. Committee, were read the second time by title and filed for third reading. HOUSE BILL NO. 212 S 1044, as amended, and S 1057, as amended, by Judiciary BY STATE AFFAIRS COMMITTEE and Rules Committee, were read the second time by title and filed AN ACT for third reading. RELATING TO THE INDIGENT SICK; AMENDING SECTION 31-3502, IDAHO CODE, TO REVISE A DEFINITION AND TO MAKE TECHNICAL CORRECTIONS; Third Reading of Bills and Joint Resolutions AMENDING SECTION 31-3503, IDAHO CODE, TO REVISE THE POWERS AND DUTIES OF THE COUNTY At this time, the Speaker took the Chair. COMMISSIONERS; AMENDING SECTION 31-3503A, Mr. Bedke asked unanimous consent that H 99, as amended, IDAHO CODE, TO REVISE THE LIMIT ON PAYMENT and H 95, as amended, be placed at the top of the Third Reading BY A COUNTY FOR CERTAIN RESIDENTS; AMENDING Calendar. There being no objection, it was so ordered. SECTION 31-3505B, IDAHO CODE, TO REVISE A MONETARY LIMIT ON COUNTY RESPONSIBILITY; H 99, as amended, was read the third time at length, section AMENDING SECTION 31-3517, IDAHO CODE, TO REVISE by section, and placed before the House for final consideration. 146 HOUSE JOURNAL March 1, 2011]

At this time, the Speaker recognized Mr. Hart to open debate. DeMordaunt, Ellsworth, Eskridge, Gibbs(Wheeler), Guthrie, Hagedorn, Hart, Hartgen, Harwood, Lake, Loertscher, Luker, Pursuant to Rule 38(3), Mr. Smith(24) disclosed a conflict of McMillan, Moyle, Nielsen, Nonini, Palmer, Raybould, Roberts, interest regarding H 99, as amended. Schaefer, Shepherd, Shirley, Sims, Stevenson, Takasugi(Batt), The question being, "Shall H 99, as amended, pass?" Thayn, Vander Woude, Wills, Wood(27), Wood(35), Mr. Speaker. Total – 43. Roll call resulted as follows: NAYS – Anderson, Andrus, Bateman, Block, AYES – Barbieri, Barrett, Bayer, Boyle, Buckner-Webb, Burgoyne, Chew, Cronin, Henderson, Higgins, Chadderdon(Chadderdon), Collins, DeMordaunt, Hart, Harwood, Jaquet, Killen, King, Lacey, Marriott, McGeachin, Nesset, McMillan, Moyle, Nonini, Palmer, Roberts, Schaefer, Shepherd, Patrick, Pence, Perry, Ringo, Rusche, Simpson, Smith(30), Sims, Takasugi(Batt), Wood(35), Mr. Speaker. Total – 20. Smith(24), Thompson, Trail. Total – 27. NAYS – Anderson, Andrus, Bateman, Bedke, Bell, Paired Votes: Bilbao, Black, Block, Bolz, Buckner-Webb, Burgoyne, Chew, AYE – Lake NAY – Burgoyne Crane, Cronin, Ellsworth, Eskridge, Gibbs(Wheeler), Guthrie, (Pairs enumerated in roll call above.) Hagedorn, Hartgen, Henderson, Higgins, Jaquet, Killen, King, Total – 70. Lacey, Loertscher, Luker, Marriott, McGeachin, Nesset, Nielsen, Whereupon the Speaker declared that H 96 passed the House. Patrick, Pence, Perry, Raybould, Ringo, Rusche, Shirley, Title was approved and the bill ordered transmitted to the Senate. Simpson, Smith(30), Smith(24), Stevenson, Thayn, Thompson, Trail, Vander Woude, Wills, Wood(27). Total – 49. H 97 was read the third time at length, section by section, Absent and excused – Lake. Total – 1. and placed before the House for final consideration. Paired Votes: AYE – Palmer NAY – Jaquet At this time, the Speaker recognized Mr. Nonini to open (Pairs enumerated in roll call above.) debate. Total – 70. The question being, "Shall H 97 pass?" Whereupon the Speaker declared that H 99, as amended, failed to pass the House and ordered the bill filed in Roll call resulted as follows: the office of the Chief Clerk. AYES – Anderson, Barbieri, Barrett, Bayer, Bedke, Bell, Bilbao, Black, Bolz, Boyle, Chadderdon(Chadderdon), Collins, H 95, as amended, was read the third time at length, section Crane, Ellsworth, Eskridge, Gibbs(Wheeler), Guthrie, Hagedorn, by section, and placed before the House for final consideration. Hart, Harwood, Henderson, Lake, Loertscher, Luker, McMillan, Moyle, Nielsen, Nonini, Palmer, Perry, Raybould, Roberts, At this time, the Speaker recognized Mr. Moyle to open Schaefer, Shepherd, Shirley, Sims, Stevenson, Takasugi(Batt), debate. Vander Woude, Wills, Wood(27), Wood(35), Mr. Speaker. The question being, "Shall H 95, as amended, pass?" Total – 43. NAYS – Andrus, Bateman, Block, Buckner-Webb, Roll call resulted as follows: Burgoyne, Chew, Cronin, DeMordaunt, Hartgen, Higgins, AYES – Anderson, Andrus, Barbieri, Barrett, Bateman, Jaquet, Killen, King, Lacey, Marriott, McGeachin, Nesset, Bayer, Bedke, Bell, Bilbao, Black, Block, Bolz, Boyle, Patrick, Pence, Ringo, Rusche, Simpson, Smith(30), Smith(24), Buckner-Webb, Burgoyne, Chadderdon(Chadderdon), Chew, Thompson, Trail. Total – 26. Collins, Crane, Cronin, DeMordaunt, Ellsworth, Eskridge, Absent and excused – Thayn. Total – 1. Gibbs(Wheeler), Guthrie, Hagedorn, Hart, Hartgen, Harwood, Paired Votes: Henderson, Higgins, Killen, King, Lacey, Loertscher, Luker, AYE – Lake NAY – Burgoyne Marriott, McGeachin, McMillan, Moyle, Nesset, Nielsen, (Pairs enumerated in roll call above.) Nonini, Palmer, Patrick, Pence, Perry, Raybould, Ringo, Roberts, Total – 70. Rusche, Schaefer, Shepherd, Shirley, Simpson, Sims, Smith(30), Smith(24), Stevenson, Takasugi(Batt), Thayn, Thompson, Trail, Whereupon the Speaker declared that H 97 passed the House. Vander Woude, Wills, Wood(27), Wood(35), Mr. Speaker. Title was approved and the bill ordered transmitted to the Senate. Total – 68. H 110 was read the third time at length, section by section, NAYS – None. and placed before the House for final consideration. Absent and excused – Jaquet, Lake. Total – 2. Total – 70. At this time, the Speaker recognized Mr. Barbieri to open debate. Whereupon the Speaker declared that H 95, as amended, passed the House. Title was approved and the bill The question being, "Shall H 110 pass?" ordered transmitted to the Senate. Roll call resulted as follows: H 96 was read the third time at length, section by section, AYES – Anderson, Andrus, Barbieri, Barrett, Bateman, and placed before the House for final consideration. Bayer, Bedke, Bell, Bilbao, Black, Block, Bolz, Boyle, At this time, the Speaker recognized Mr. Moyle to open Buckner-Webb, Burgoyne, Chadderdon(Chadderdon), Chew, debate. Collins, Crane, Cronin, DeMordaunt, Ellsworth, Eskridge, Gibbs(Wheeler), Guthrie, Hagedorn, Hart, Hartgen, Harwood, The question being, "Shall H 96 pass?" Henderson, Higgins, Jaquet, Killen, King, Lacey, Loertscher, Luker, Marriott, McGeachin, McMillan, Moyle, Nesset, Nielsen, Roll call resulted as follows: Nonini, Palmer, Patrick, Pence, Perry, Raybould, Ringo, AYES – Barbieri, Barrett, Bayer, Bedke, Bell, Bilbao, Roberts, Rusche, Schaefer, Shepherd, Shirley, Simpson, Sims, Black, Bolz, Boyle, Chadderdon(Chadderdon), Collins, Crane, Smith(30), Smith(24), Stevenson, Takasugi(Batt), Thompson, [March 1, 2011 HOUSE JOURNAL 147

Trail, Vander Woude, Wood(27), Wood(35), Mr. Speaker. Total – 67. NAYS – None. Absent and excused – Lake, Thayn, Wills. Total – 3. Total – 70. Whereupon the Speaker declared that H 110 passed the House. Title was approved and the bill ordered transmitted to the Senate. H 114 was read the third time at length, section by section, and placed before the House for final consideration. At this time, the Speaker recognized Ms. Sims to open debate. The question being, "Shall H 114 pass?"

Roll call resulted as follows: AYES – Barbieri, Barrett, Bayer, Boyle, Chadderdon(Chadderdon), Collins, Gibbs(Wheeler), Hart, Harwood, Henderson, Lake, Loertscher, McMillan, Moyle, Nielsen, Nonini, Palmer, Raybould, Roberts, Schaefer, Shepherd, Shirley, Sims, Takasugi(Batt), Vander Woude, Wood(35), Mr. Speaker. Total – 27. NAYS – Anderson, Andrus, Bateman, Bedke, Bell, Bilbao, Black, Block, Bolz, Buckner-Webb, Burgoyne, Chew, Crane, Cronin, DeMordaunt, Ellsworth, Eskridge, Guthrie, Hagedorn, Hartgen, Higgins, Jaquet, Killen, King, Lacey, Luker, Marriott, McGeachin, Nesset, Patrick, Pence, Perry, Ringo, Rusche, Simpson, Smith(30), Smith(24), Stevenson, Thayn, Thompson, Trail, Wills, Wood(27). Total – 43. Paired Votes: AYE – Harwood NAY – McGeachin (Pairs enumerated in roll call above.) Total – 70. Whereupon the Speaker declared that H 114 failed to pass the House and ordered the bill filed in the office of the Chief Clerk. Mr. Moyle asked unanimous consent that the remaining bills on the Third Reading Calendar retain their places for one legislative day. There being no objection, it was so ordered. There being no objection, the House advanced to the Sixteenth Order of Business. Adjournment Mr. Moyle moved that the House adjourn until 1:30 p.m., Wednesday, March 2, 2011. Seconded by Mr. Rusche. Motion carried. Whereupon the Speaker declared the House adjourned at 3:37 p.m. LAWERENCE DENNEY, Speaker ATTEST: BONNIE ALEXANDER, Chief Clerk 148 HOUSE JOURNAL March 2, 2011]

HOUSE JOURNAL H 210 was referred to the Agricultural Affairs Committee. OF THE H 212 was referred to the Commerce and Human Resources Committee. IDAHO LEGISLATURE H 213 and H 214 were referred to the Revenue and Taxation Committee. FIRST REGULAR SESSION SIXTY-FIRST LEGISLATURE March 2, 2011 Mr. Speaker: We, your COMMITTEE ON JUDICIARY, RULES, AND ADMINISTRATION, report that we have enrolled H 93. WILLS, Chairman FIFTY-SECOND LEGISLATIVE DAY WEDNESDAY, MARCH 2, 2011 The Speaker announced he was about to sign enrolled H 93 and, when so signed, ordered it transmitted to the Senate for the signature of the President. House of Representatives March 1, 2011 The House convened at 1:30 p.m., the Speaker in the Chair. Mr. Speaker: Roll call showed all 70 members present. We, your COMMITTEE ON RESOURCES AND CONSERVATION, report that we have had under consideration Prayer was offered by Chaplain Tom Dougherty. SJM 101 and S 1077 and recommend that they do pass. STEVENSON, Chairman The Pledge of Allegiance was led by Trent Duenas, Page. SJM 101 and S 1077 were filed for second reading. Approval of Journal March 2, 2011 March 2, 2011 Mr. Speaker: Mr. Speaker: We, your COMMITTEE ON JUDICIARY, RULES, AND We, your COMMITTEE ON JUDICIARY, RULES, ADMINISTRATION, report that we have read and approved the AND ADMINISTRATION, report that we have had under House Journal of the Fifty-first Legislative Day and recommend consideration HCR 15, S 1063, S 1097, and S 1117 and that same be adopted as corrected. recommend that they do pass. WILLS, Chairman WILLS, Chairman Mr. Wills moved that the report be adopted. Seconded by HCR 15, S 1063, S 1097, and S 1117 were filed for second Mr. Burgoyne. Report adopted. reading. Consideration of Messages from the March 1, 2011 Governor and the Senate Mr. Speaker: We, your COMMITTEE ON BUSINESS, report that we have March 1, 2011 had under consideration H 183 and recommend that it do pass. Mr. Speaker: BLACK, Chairman I transmit herewith enrolled S 1058 for the signature of the Speaker. H 183 was filed for second reading. WOOD, Secretary The Speaker announced he was about to sign enrolled March 2, 2011 S 1058 and, when so signed, ordered it returned to the Senate. Mr. Speaker: We, your COMMITTEE ON REVENUE AND TAXATION, March 1, 2011 report that we have had under consideration H 194 and Mr. Speaker: recommend that it do pass. I transmit herewith S 1096, S 1111, S 1022, S 1102, S 1103, LAKE, Chairman S 1114, S 1115, and S 1122 which have passed the Senate. WOOD, Secretary H 194 was filed for second reading. S 1096, S 1111, S 1022, S 1102, S 1103, S 1114, S 1115, and There being no objection, the House advanced to the Eighth S 1122 were filed for first reading. Order of Business. Report of Standing Committees Introduction, First Reading, and Reference March 2, 2011 of Bills and Joint Resolutions Mr. Speaker: We, your COMMITTEE ON JUDICIARY, RULES, AND HOUSE BILL NO. 215 ADMINISTRATION, report that we have printed H 209, H 210, BY STATE AFFAIRS COMMITTEE H 211, H 212, H 213, and H 214. AN ACT WILLS, Chairman RELATING TO HIGH OCCUPANCY VEHICLE LANES; AMENDING SECTION 49-1421A, IDAHO CODE, TO H 209 and H 211 were referred to the Judiciary, Rules, and REMOVE LANGUAGE RELATING TO THE APPLICATION Administration Committee. OF LAW. [March 2, 2011 HOUSE JOURNAL 149

HOUSE BILL NO. 216 CERTAIN REIMBURSEMENT OBLIGATION IS OWED; BY STATE AFFAIRS COMMITTEE AMENDING SECTION 31-3511, IDAHO CODE, TO REVISE AN ACT TERMINOLOGY AND TO REVISE A JURISDICTIONAL RELATING TO THE INDIGENT SICK; AMENDING REQUIREMENT; AMENDING SECTION 31-3517, IDAHO SECTION 20-605, IDAHO CODE, TO REVISE CODE, TO REVISE TERMINOLOGY, TO PROVIDE FOR AN TERMINOLOGY AND TO REVISE A CODE REFERENCE; EXECUTIVE COMMITTEE, TO PROVIDE FOR CERTAIN AMENDING SECTION 31-3302, IDAHO CODE, TO PROCEDURAL REQUIREMENTS AND TO MAKE A REVISE TERMINOLOGY AND TO REVISE A CODE TECHNICAL CORRECTION; AMENDING SECTION REFERENCE; AMENDING SECTION 31-3501, IDAHO 31-3518, IDAHO CODE, TO PROVIDE REFERENCE TO CODE, TO REVISE TERMINOLOGY; AMENDING SECTION MATTERS AUTHORIZED BY THE CHAPTER, TO REVISE 31-3502, IDAHO CODE, TO REVISE DEFINITIONS, TO CERTAIN CONTRACT AUTHORITY OF THE BOARD AND PROVIDE DEFINITIONS AND TO MAKE A TECHNICAL TO PROVIDE FOR CONSULTATION WITH HOSPITALS CORRECTION; AMENDING SECTION 31-3503, IDAHO AND ORGANIZATIONS REPRESENTING HOSPITALS; CODE, TO REVISE THE POWERS AND DUTIES OF AMENDING SECTION 31-3519, IDAHO CODE, TO REVISE COUNTY COMMISSIONERS; AMENDING SECTION PROCEDURES AND CRITERIA FOR APPROVAL OF 31-3503A, IDAHO CODE, TO REVISE AND PROVIDE AN APPLICATION FOR FINANCIAL ASSISTANCE, TO NEW POWERS AND DUTIES OF THE BOARD OF THE REMOVE PROVISIONS REGARDING THE TIMING OF CATASTROPHIC HEALTH CARE COST PROGRAM; PAYMENT, TO REVISE CONDITIONS UNDER WHICH AMENDING SECTION 31-3503E, IDAHO CODE, TO THERE IS AN OBLIGATION TO PAY A CLAIM, TO REVISE THE MEDICAID ELIGIBILITY DETERMINATION; PROVIDE FOR BOARD AUTHORITY REGARDING AMENDING SECTION 31-3504, IDAHO CODE, TO UTILIZATION MANAGEMENT AND FOR PAYMENT BY PROVIDE FOR A COMPLETED APPLICATION FOR THE STATE CONTROLLER PURSUANT TO SPECIFIED FINANCIAL ASSISTANCE, TO PROVIDE FOR A THIRD LAW; AMENDING SECTION 31-3520, IDAHO CODE, PARTY APPLICANT, TO PROVIDE FOR APPLICATION TO REMOVE A COUNTY REFERENCE; AMENDING BY OTHERS IN CERTAIN CIRCUMSTANCES, TO CHAPTER 35, TITLE 31, IDAHO CODE, BY THE ADDITION PROVIDE FOR RECORDING OF A NOTICE OF LIEN OF A NEW SECTION 31-3558, IDAHO CODE, TO PROVIDE AND APPLICATION FOR FINANCIAL ASSISTANCE, TO FOR NONDISCLOSURE OF PERSONAL IDENTIFYING REMOVE PROVISIONS FOR RECORDING A NOTICE OF INFORMATION AND TO PROVIDE FOR RETENTION OF APPLICATION FOR MEDICAL INDIGENCY BENEFITS CERTAIN DOCUMENTS; AMENDING SECTION 56-209f, AND TO PROVIDE FOR INVOLVEMENT OF THE BOARD IDAHO CODE, TO PROVIDE REQUIREMENTS AND IN CERTAIN MATTERS; AMENDING SECTION 31-3505, LIMITATIONS, TO REVISE TERMINOLOGY AND TO IDAHO CODE, TO REVISE AND ADD TO THE TIME MAKE A TECHNICAL CORRECTION; AND AMENDING AND MANNER OF FILING APPLICATIONS; AMENDING SECTION 67-7903, IDAHO CODE, TO PROVIDE A SECTION 31-3505A, IDAHO CODE, TO REVISE A CORRECT CODE REFERENCE. CERTAIN DUTY TO COOPERATE AND TO PROVIDE A CERTAIN TIME PERIOD FOR COMPLETION OF A HOUSE BILL NO. 217 CERTAIN DOCUMENT; AMENDING SECTION 31-3505B, BY REVENUE AND TAXATION COMMITTEE IDAHO CODE, TO REVISE AND ADD TO THE APPROVAL AN ACT REQUIREMENTS FOR COUNTY COMMISSIONERS; RELATING TO HOSPITAL DISTRICTS; AMENDING AMENDING SECTION 31-3505C, IDAHO CODE, TO SECTION 39-1339, IDAHO CODE, TO REVISE WHAT REVISE TERMINOLOGY; AMENDING SECTION 31-3505D, IS IN THE INTEREST OF THE HOSPITAL DISTRICT IDAHO CODE, TO REVISE WHO MAY APPEAL A CERTAIN AND IN THE PUBLIC INTEREST OR NECESSITY FOR INITIAL DETERMINATION; AMENDING SECTION INCURRING INDEBTEDNESS, TO PROVIDE THAT 31-3505G, IDAHO CODE, TO REVISE TERMINOLOGY CERTAIN INDEBTEDNESS BE PAYABLE OUT OF TAXES AND TO REVISE WHO MAY SEEK JUDICIAL REVIEW IN ORDER TO BE SUBMITTED TO THE ELECTORS, TO OF THE FINAL DETERMINATION; AMENDING SECTION REVISE THE AMOUNT REQUIRED TO SUBMIT CERTAIN 31-3507, IDAHO CODE, TO REVISE TERMINOLOGY; MATTERS TO THE ELECTORS, TO REMOVE PROVISIONS AMENDING SECTION 31-3508, IDAHO CODE, TO REVISE REGARDING THE REQUIREMENT TO SUBMIT CERTAIN CERTAIN DUTIES OF THE BOARD AND THE COUNTY MATTERS TO THE ELECTORS AND TO PROVIDE THAT REGARDING PAYMENT FOR NECESSARY MEDICAL INDEBTEDNESS OR LIABILITY MAY BE INCURRED SERVICES AND TO PROVIDE OPTIONS REGARDING WITHOUT ELECTION FOR CERTAIN MATTERS AND TO UTILIZATION MANAGEMENT; AMENDING CHAPTER MAKE A TECHNICAL CORRECTION. 35, TITLE 31, IDAHO CODE, BY THE ADDITION OF A NEW SECTION 31-3508A, IDAHO CODE, TO PROVIDE FOR PAYMENT FOR NECESSARY MEDICAL SERVICES H 215, H 216, and H 217 were introduced, read the first time BY AN OBLIGATED COUNTY; AMENDING SECTION by title, and referred to the Judiciary, Rules, and Administration 31-3509, IDAHO CODE, TO PROVIDE CERTAIN DUTIES Committee for printing. FOR HOSPITALS, TO REVISE TERMINOLOGY AND TO PROVIDE FOR SUBMISSION OR RESUBMISSION S 1096 and S 1122, by Judiciary and Rules Committee, OF A BILL TO CERTAIN PERSONS TO PROVIDE were introduced, read the first time by title, and referred to the FOR APPLICATION PURSUANT TO SPECIFIED LAW; Judiciary, Rules, and Administration Committee. AMENDING SECTION 31-3510, IDAHO CODE, TO PROVIDE FOR CERTAIN JOINT SUBROGATION AND S 1111, by Education Committee, was introduced, read the TO REVISE TERMINOLOGY; AMENDING SECTION first time by title, and referred to the Education Committee. 31-3510A, IDAHO CODE, TO REVISE TO WHOM A 150 HOUSE JOURNAL March 2, 2011]

S 1022, by Bock, was introduced, read the first time by title, At this time, the Speaker recognized Mr. Cronin to open and referred to the Health and Welfare Committee. debate. S 1102, by Health and Welfare Committee, was introduced, The question being, "Shall H 159 pass?" read the first time by title, and referred to the Health and Welfare Committee. Roll call resulted as follows: AYES – Anderson, Andrus, Barbieri, Barrett, Bateman, S 1103, by Health and Welfare Committee, was introduced, Bayer, Bedke, Bell, Bilbao, Black, Block, Bolz, Boyle, read the first time by title, and referred to the Commerce and Buckner-Webb, Burgoyne, Chadderdon(Chadderdon), Human Resources Committee. Collins, Crane, Cronin, DeMordaunt, Ellsworth, Eskridge, Gibbs(Wheeler), Guthrie, Hagedorn, Hart, Hartgen, Harwood, S 1114 and S 1115, by State Affairs Committee, were Henderson, Higgins, Jaquet, Killen, King, Lacey, Lake, introduced, read the first time by title, and referred to the State Loertscher, Luker, Marriott, McGeachin, McMillan, Moyle, Affairs Committee. Nesset, Nielsen, Nonini, Palmer, Patrick, Pence, Perry, Raybould, There being no objection, the House advanced to the Tenth Ringo, Roberts, Rusche, Schaefer, Shepherd, Shirley, Simpson, Order of Business. Sims, Smith(30), Smith(24), Stevenson, Takasugi(Batt), Thayn, Thompson, Trail, Vander Woude, Wills, Wood(27), Wood(35), Second Reading of Bills and Joint Resolutions Mr. Speaker. Total – 69. NAYS – None. HCR 18, by Education Committee, was read the second time Absent and excused – Chew. Total – 1. by title and filed for third reading. Total – 70. H 203, by Appropriations Committee, was read the second Whereupon the Speaker declared that H 159 passed the time by title and filed for third reading. House. Title was approved and the bill ordered transmitted to H 115, by Local Government Committee, was read the the Senate. second time by title and filed for third reading. HCR 16 was read the third time at length and placed before H 151, by Agricultural Affairs Committee, was read the the House for final consideration. second time by title and filed for third reading. At this time, the Speaker recognized Mr. Hartgen to open H 187, by State Affairs Committee, was read the second time debate. by title and filed for third reading. The question being, "Shall HCR 16 be adopted?" H 197, by Revenue and Taxation Committee, was read the Roll call resulted as follows: second time by title and filed for third reading. AYES – Anderson, Andrus, Barbieri, Barrett, Bateman, Third Reading of Bills and Joint Resolutions Bayer, Bedke, Bell, Bilbao, Black, Block, Bolz, Boyle, Chadderdon(Chadderdon), Collins, Crane, DeMordaunt, H 158 was read the third time at length, section by section, Ellsworth, Eskridge, Gibbs(Wheeler), Guthrie, Hagedorn, and placed before the House for final consideration. Hart, Hartgen, Harwood, Henderson, Lake, Loertscher, Luker, Marriott, McGeachin, McMillan, Moyle, Nesset, Nielsen, Nonini, At this time, the Speaker recognized Mr. Nesset to open Palmer, Patrick, Pence, Perry, Raybould, Roberts, Schaefer, debate. Shepherd, Shirley, Simpson, Sims, Smith(24), Stevenson, The question being, "Shall H 158 pass?" Takasugi(Batt), Thayn, Thompson, Vander Woude, Wills, Wood(27), Wood(35), Mr. Speaker. Total – 57. Roll call resulted as follows: NAYS – Buckner-Webb, Burgoyne, Cronin, Higgins, Jaquet, AYES – Anderson, Andrus, Barbieri, Barrett, Bateman, Killen, King, Lacey, Ringo, Rusche, Smith(30), Trail. Total – 12. Bayer, Bedke, Bell, Bilbao, Black, Block, Bolz, Boyle, Absent and excused – Chew. Total – 1. Buckner-Webb, Burgoyne, Chadderdon(Chadderdon), Collins, Total – 70. Crane, Cronin, DeMordaunt, Ellsworth, Gibbs(Wheeler), Whereupon the Speaker declared HCR 16 adopted and Guthrie, Hagedorn, Hart, Hartgen, Harwood, Henderson, ordered the resolution transmitted to the Senate. Higgins, Jaquet, Killen, King, Lacey, Lake, Loertscher, Luker, Marriott, McGeachin, McMillan, Moyle, Nesset, Nielsen, H 174 was read the third time at length, section by section, Nonini, Palmer, Patrick, Pence, Perry, Raybould, Ringo, Roberts, and placed before the House for final consideration. Rusche, Schaefer, Shepherd, Shirley, Simpson, Sims, Smith(30), Smith(24), Stevenson, Takasugi(Batt), Thayn, Thompson, Trail, At this time, the Speaker recognized Mr. Black to open Vander Woude, Wills, Wood(27), Wood(35), Mr. Speaker. debate. Total – 68. The question being, "Shall H 174 pass?" NAYS – None. Absent and excused – Chew, Eskridge. Total – 2. Roll call resulted as follows: Total – 70. AYES – Anderson, Bateman, Bedke, Bell, Bilbao, Whereupon the Speaker declared that H 158 passed the Black, Block, Bolz, Boyle, Buckner-Webb, Burgoyne, House. Title was approved and the bill ordered transmitted to Chadderdon(Chadderdon), Chew, Collins, Crane, Cronin, the Senate. Ellsworth, Eskridge, Gibbs(Wheeler), Hagedorn, Hartgen, Henderson, Higgins, Jaquet, Killen, King, Lacey, Lake, H 159 was read the third time at length, section by section, Loertscher, McGeachin, Moyle, Palmer, Patrick, Pence, Perry, and placed before the House for final consideration. Raybould, Ringo, Roberts, Rusche, Shirley, Simpson, Sims, [March 2, 2011 HOUSE JOURNAL 151

Smith(30), Smith(24), Stevenson, Takasugi(Batt), Thompson, Pursuant to Rule 38(3), Mr. Burgoyne disclosed a conflict of Trail, Vander Woude, Wills, Wood(27), Mr. Speaker. Total – 52. interest regarding H 23. NAYS – Andrus, Barbieri, Barrett, Bayer, DeMordaunt, Guthrie, Hart, Harwood, Luker, Marriott, McMillan, Nesset, Pursuant to Rule 38(3), Ms. Batt disclosed a conflict of Nielsen, Nonini, Schaefer, Shepherd, Thayn, Wood(35). interest regarding H 23. Total – 18. The question being, "Shall H 23 pass?" Total – 70. Whereupon the Speaker declared that H 174 passed the Roll call resulted as follows: House. Title was approved and the bill ordered transmitted to AYES – Anderson, Andrus, Barrett, Bateman, Bedke, the Senate. Bell, Bilbao, Black, Block, Bolz, Buckner-Webb, Burgoyne, Chadderdon(Chadderdon), Chew, Collins, Cronin, DeMordaunt, H 175 was read the third time at length, section by section, Ellsworth, Eskridge, Gibbs(Wheeler), Guthrie, Hagedorn, and placed before the House for final consideration. Hartgen, Harwood, Henderson, Higgins, Jaquet, Killen, King, Lacey, Lake, Loertscher, Luker, Nesset, Patrick, Pence, Perry, At this time, the Speaker recognized Ms. Batt to open debate. Raybould, Ringo, Rusche, Schaefer, Shirley, Smith(30), The question being, "Shall H 175 pass?" Smith(24), Stevenson, Takasugi(Batt), Thompson, Trail, Vander Woude, Wills, Wood(27), Wood(35). Total – 52. Roll call resulted as follows: NAYS – Barbieri, Bayer, Boyle, Crane, Hart, Marriott, AYES – Anderson, Andrus, Barbieri, Barrett, Bateman, McGeachin, McMillan, Moyle, Nielsen, Nonini, Palmer, Roberts, Bayer, Bedke, Bell, Bilbao, Black, Block, Bolz, Boyle, Shepherd, Simpson, Sims, Thayn, Mr. Speaker. Total – 18. Buckner-Webb, Burgoyne, Chadderdon(Chadderdon), Chew, Total – 70. Collins, Crane, Cronin, DeMordaunt, Ellsworth, Eskridge, Whereupon the Speaker declared that H 23 passed the House. Gibbs(Wheeler), Guthrie, Hagedorn, Hart, Hartgen, Harwood, Title was approved and the bill ordered transmitted to the Senate. Henderson, Higgins, Jaquet, Killen, King, Lacey, Lake, Loertscher, Luker, Marriott, McGeachin, McMillan, Moyle, H 22 was read the third time at length, section by section, Nesset, Nielsen, Nonini, Palmer, Patrick, Pence, Perry, Raybould, and placed before the House for final consideration. Ringo, Roberts, Rusche, Schaefer, Shepherd, Shirley, Simpson, At this time, the Speaker recognized Mr. Wheeler to open Sims, Smith(30), Smith(24), Stevenson, Takasugi(Batt), Thayn, debate. Thompson, Trail, Vander Woude, Wills, Wood(27), Wood(35), Mr. Speaker. Total – 70. The question being, "Shall H 22 pass?" NAYS – None. Roll call resulted as follows: Whereupon the Speaker declared that H 175 passed the AYES – Anderson, Andrus, Barbieri, Barrett, Bateman, House. Title was approved and the bill ordered transmitted to Bayer, Bedke, Bell, Bilbao, Black, Block, Bolz, Boyle, the Senate. Buckner-Webb, Burgoyne, Chadderdon(Chadderdon), Chew, S 1079 was read the third time at length, section by section, Collins, Crane, Cronin, DeMordaunt, Ellsworth, Eskridge, and placed before the House for final consideration. Gibbs(Wheeler), Guthrie, Hagedorn, Hart, Hartgen, Harwood, Henderson, Higgins, Jaquet, Killen, King, Lacey, Lake, At this time, the Speaker recognized Mr. Collins to open Loertscher, Luker, Marriott, McGeachin, McMillan, Moyle, debate. Nesset, Nielsen, Nonini, Palmer, Patrick, Pence, Perry, Raybould, Ringo, Roberts, Rusche, Schaefer, Shepherd, Shirley, Simpson, The question being, "Shall S 1079 pass?" Smith(30), Smith(24), Stevenson, Takasugi(Batt), Thayn, Thompson, Trail, Vander Woude, Wills, Wood(27), Wood(35), Roll call resulted as follows: Mr. Speaker. Total – 69. AYES – Anderson, Andrus, Barbieri, Barrett, Bateman, NAYS – Sims. Total – 1. Bayer, Bedke, Bell, Bilbao, Black, Block, Bolz, Boyle, Total – 70. Buckner-Webb, Burgoyne, Chadderdon(Chadderdon), Chew, Collins, Crane, Cronin, DeMordaunt, Ellsworth, Eskridge, Whereupon the Speaker declared that H 22 passed the House. Gibbs(Wheeler), Guthrie, Hagedorn, Hart, Hartgen, Harwood, Title was approved and the bill ordered transmitted to the Senate. Henderson, Higgins, Jaquet, Killen, King, Lacey, Lake, Loertscher, Luker, Marriott, McGeachin, McMillan, Moyle, Nesset, Nielsen, Nonini, Palmer, Patrick, Pence, Perry, Raybould, H 24 was read the third time at length, section by section, Ringo, Roberts, Rusche, Schaefer, Shepherd, Shirley, Simpson, and placed before the House for final consideration. Sims, Smith(30), Smith(24), Stevenson, Takasugi(Batt), Thayn, At this time, the Speaker recognized Mrs. Wood(35) to open Thompson, Trail, Vander Woude, Wills, Wood(27), Wood(35), debate. Mr. Speaker. Total – 70. NAYS – None. The question being, "Shall H 24 pass?"

Whereupon the Speaker declared that S 1079 passed the Roll call resulted as follows: House. Title was approved and the bill ordered returned to the AYES – Anderson, Andrus, Barbieri, Barrett, Bateman, Senate. Bayer, Bedke, Bell, Bilbao, Black, Block, Bolz, Boyle, H 23 was read the third time at length, section by section, Buckner-Webb, Burgoyne, Chadderdon(Chadderdon), Chew, and placed before the House for final consideration. Collins, Crane, Cronin, DeMordaunt, Ellsworth, Eskridge, Gibbs(Wheeler), Guthrie, Hagedorn, Hart, Hartgen, Harwood, At this time, the Speaker recognized Mr. Wood(27) to open Henderson, Higgins, Jaquet, Killen, King, Lacey, Lake, debate. Loertscher, Luker, Marriott, McGeachin, McMillan, Moyle, 152 HOUSE JOURNAL March 2, 2011]

Nesset, Nielsen, Nonini, Palmer, Patrick, Pence, Perry, Raybould, The question being, "Shall H 109 pass?" Ringo, Roberts, Rusche, Schaefer, Shepherd, Shirley, Simpson, Sims, Smith(30), Smith(24), Stevenson, Takasugi(Batt), Thayn, Roll call resulted as follows: Thompson, Trail, Vander Woude, Wills, Wood(27), Wood(35), AYES – Anderson, Bedke, Bell, Bilbao, Black, Block, Bolz, Mr. Speaker. Total – 70. Buckner-Webb, Burgoyne, Chew, Collins, Cronin, Ellsworth, NAYS – None. Eskridge, Gibbs(Wheeler), Guthrie, Hartgen, Higgins, Jaquet, King, Lacey, Lake, Loertscher, Luker, Moyle, Nesset, Patrick, Whereupon the Speaker declared that H 24 passed the House. Pence, Perry, Raybould, Ringo, Rusche, Shirley, Smith(30), Title was approved and the bill ordered transmitted to the Senate. Smith(24), Stevenson, Trail, Wills, Wood(27), Wood(35), H 25 was read the third time at length, section by section, Mr. Speaker. Total – 41. and placed before the House for final consideration. NAYS – Andrus, Barbieri, Barrett, Bateman, Bayer, Boyle, Chadderdon(Chadderdon), Crane, DeMordaunt, Hagedorn, Hart, At this time, the Speaker recognized Ms. Pence to open Harwood, Henderson, Marriott, McGeachin, McMillan, Nielsen, debate. Nonini, Palmer, Roberts, Schaefer, Shepherd, Simpson, Sims, Takasugi(Batt), Thayn, Thompson, Vander Woude. Total – 28. The question being, "Shall H 25 pass?" Absent and excused – Killen. Total – 1. Paired Votes: Roll call resulted as follows: AYE – Bell NAY – Andrus AYES – Anderson, Andrus, Bateman, Bayer, Bedke, Bell, (Pairs enumerated in roll call above.) Bilbao, Black, Block, Bolz, Boyle, Buckner-Webb, Burgoyne, Total – 70. Chadderdon(Chadderdon), Chew, Collins, Crane, Cronin, DeMordaunt, Ellsworth, Eskridge, Gibbs(Wheeler), Guthrie, Whereupon the Speaker declared that H 109 passed the Hagedorn, Hartgen, Harwood, Henderson, Higgins, Jaquet, House. Title was approved and the bill ordered transmitted to Killen, King, Lacey, Lake, Loertscher, Marriott, McGeachin, the Senate. McMillan, Nesset, Nonini, Palmer, Patrick, Pence, Perry, Raybould, Ringo, Roberts, Rusche, Shepherd, Shirley, Simpson, Mr. Moyle asked unanimous consent that the remaining Sims, Smith(30), Smith(24), Stevenson, Takasugi(Batt), Thayn, bills on the Third Reading Calendar retain their places for one Thompson, Trail, Vander Woude, Wills, Wood(27), Wood(35), legislative day. There being no objection, it was so ordered. Mr. Speaker. Total – 63. NAYS – Barbieri, Barrett, Hart, Luker, Moyle, Nielsen, There being no objection, the House advanced to the Schaefer. Total – 7. Sixteenth Order of Business. Total – 70. Adjournment Whereupon the Speaker declared that H 25 passed the House. Title was approved and the bill ordered transmitted to the Senate. Mr. Moyle moved that the House adjourn until 1:30 p.m., Thursday, March 3, 2011. Seconded by Mr. Rusche. Motion H 31 was read the third time at length, section by section, carried. and placed before the House for final consideration. Whereupon the Speaker declared the House adjourned at At this time, the Speaker recognized Mr. Lacey to open 3:21 p.m. debate. LAWERENCE DENNEY, Speaker Pursuant to Rule 38(3), Mr. Nielsen disclosed a conflict of ATTEST: interest regarding H 31. BONNIE ALEXANDER, Chief Clerk The question being, "Shall H 31 pass?"

Roll call resulted as follows: AYES – Anderson, Andrus, Barrett, Bedke, Bell, Bilbao, Black, Block, Bolz, Buckner-Webb, Burgoyne, Chadderdon(Chadderdon), Chew, Collins, Cronin, DeMordaunt, Ellsworth, Eskridge, Gibbs(Wheeler), Guthrie, Hagedorn, Hartgen, Henderson, Higgins, Jaquet, Killen, King, Lacey, Lake, Nesset, Nonini, Patrick, Pence, Perry, Raybould, Ringo, Rusche, Shirley, Smith(30), Smith(24), Stevenson, Takasugi(Batt), Trail, Vander Woude, Wills, Wood(27), Wood(35). Total – 47. NAYS – Barbieri, Bateman, Bayer, Boyle, Crane, Hart, Harwood, Loertscher, Luker, Marriott, McGeachin, McMillan, Moyle, Nielsen, Palmer, Roberts, Schaefer, Shepherd, Simpson, Sims, Thayn, Thompson, Mr. Speaker. Total – 23. Total – 70. Whereupon the Speaker declared that H 31 passed the House. Title was approved and the bill ordered transmitted to the Senate. H 109 was read the third time at length, section by section, and placed before the House for final consideration. At this time, the Speaker recognized Mr. Lake to open debate. [March 3, 2011 HOUSE JOURNAL 153

HOUSE JOURNAL March 2, 2011 Mr. Speaker: OF THE I return herewith HCR 8, H 17, H 43, H 44, H 87, H 20, H 21, H 76, H 105, H 41, H 112, and H 51 which have passed the Senate. IDAHO LEGISLATURE WOOD, Secretary FIRST REGULAR SESSION HCR 8, H 17, H 43, H 44, H 87, H 20, H 21, H 76, H 105, SIXTY-FIRST LEGISLATURE H 41, H 112, and H 51 were referred to the Judiciary, Rules, and Administration Committee for enrolling. Report of Standing Committees March 3, 2011 FIFTY-THIRD LEGISLATIVE DAY Mr. Speaker: THURSDAY, MARCH 3, 2011 We, your COMMITTEE ON JUDICIARY, RULES, AND ADMINISTRATION, report that we have printed H 215, H 216, and H 217. House of Representatives WILLS, Chairman The House convened at 1:30 p.m., the Speaker in the Chair. H 215 was referred to the Ways and Means Committee. Roll call showed 69 members present. H 216 was referred to the Health and Welfare Committee. Absent and excused – Harwood. Total – 1. Total – 70. H 217 was referred to the Revenue and Taxation Committee. Prayer was offered by Chaplain Tom Dougherty. March 3, 2011 The Pledge of Allegiance was led by Trent Duenas, Page. Mr. Speaker: We, your COMMITTEE ON EDUCATION, report that we Approval of Journal have had under consideration S 1108 and S 1110 and recommend that they do pass. March 3, 2011 NONINI, Chairman Mr. Speaker: We, your COMMITTEE ON JUDICIARY, RULES, AND S 1108 and S 1110 were filed for second reading. ADMINISTRATION, report that we have read and approved the House Journal of the Fifty-second Legislative Day and March 3, 2011 recommend that same be adopted as corrected. Mr. Speaker: WILLS, Chairman We, your COMMITTEE ON REVENUE AND TAXATION, report that we have had under consideration H 213 and H 214 and Mr. Wills moved that the report be adopted. Seconded by recommend that they do pass. Mr. Burgoyne. Report adopted. LAKE, Chairman Consideration of Messages from the H 213 and H 214 were filed for second reading. Governor and the Senate March 3, 2011 March 2, 2011 Mr. Speaker: Mr. Speaker: We, your COMMITTEE ON AGRICULTURAL AFFAIRS, I transmit herewith enrolled S 1050 for the signature of the report that we have had under consideration H 210, SCR 103, Speaker. and S 1055 and recommend that they do pass. WOOD, Secretary TRAIL, Chairman The Speaker announced he was about to sign enrolled S 1050 and, when so signed, ordered it returned to the Senate. H 210, SCR 103, and S 1055 were filed for second reading. March 2, 2011 March 3, 2011 Mr. Speaker: Mr. Speaker: I return herewith enrolled HCR 7 and HCR 6 which have We, your COMMITTEE ON HEALTH AND WELFARE, been signed by the President. report that we have had under consideration H 88 and H 162 and WOOD, Secretary recommend that they do pass. MCGEACHIN, Chairman Enrolled HCR 7 and HCR 6 were referred to the Judiciary, Rules, and Administration Committee for delivery to the H 88 and H 162 were filed for second reading. Secretary of State. March 2, 2011 March 2, 2011 Mr. Speaker: Mr. Speaker: We, your COMMITTEE ON TRANSPORTATION AND I transmit herewith SJM 102, S 1116, S 1120, S 1121, S 1118, DEFENSE, report that we have had under consideration H 91 and S 1074, S 1098, and S 1107 which have passed the Senate. report it back with amendments attached to be placed on General WOOD, Secretary Orders for consideration. SMITH, Chairman SJM 102, S 1116, S 1120, S 1121, S 1118, S 1074, S 1098, and S 1107 were filed for first reading. H 91 was placed on General Orders for consideration. 154 HOUSE JOURNAL March 3, 2011]

There being no objection, the House advanced to the Seventh AMENDING SECTION 54-5105, IDAHO CODE, TO Order of Business. PROVIDE THAT A NATUROPATHIC PHYSICIAN SHALL NOT PERFORM CHIROPRACTIC ADJUSTMENTS OR Motions, Memorials, and Resolutions PHYSICAL THERAPY UNLESS LICENSED TO DO SO; SJM 102, by State Affairs Committee, was introduced, read AMENDING SECTION 54-5106, IDAHO CODE, TO REVISE the first time by title, and referred to the State Affairs Committee. A CERTAIN EXEMPTION; AMENDING SECTION 54-5107, IDAHO CODE, TO REVISE PROVISIONS RELATING TO Introduction, First Reading, and Reference CERTAIN DISCLOSURE REQUIREMENTS; REPEALING of Bills and Joint Resolutions SECTION 54-5108, IDAHO CODE, RELATING TO THE BOARD OF NATUROPATHIC MEDICAL EXAMINERS; House of Representatives AMENDING CHAPTER 51, TITLE 54, IDAHO CODE, State of Idaho BY THE ADDITION OF A NEW SECTION 54-5108, IDAHO CODE, TO PROVIDE FOR THE BOARD OF March 2, 2011 NATUROPATHIC MEDICAL EXAMINERS AND THE The Honorable Janice K. McGeachin, Chairman APPOINTMENT OF THE MEMBERS OF SUCH BOARD; Health and Welfare Committee AMENDING SECTION 54-5109, IDAHO CODE, TO REVISE PROVISIONS RELATING TO THE POWERS AND Dear Representative McGeachin: DUTIES OF THE BOARD OF NATUROPATHIC MEDICAL EXAMINERS; AMENDING SECTION 54-5110, IDAHO I hereby designate the Health and Welfare Committee a CODE, TO REVISE PROVISIONS RELATING TO THE privileged committee on Wednesday, March 2, 2011, for the NATUROPATHIC MEDICAL FORMULARY COUNCIL purpose of introducing RS 20482C1 (H 218), RS 20500 (H 219), AND THE FORMULARY LIST; AMENDING SECTION RS 20517C1 (H 220), and RS 20520 (H 221) . 54-5111, IDAHO CODE, TO REVISE AND TO PROVIDE ADDITIONAL PROVISIONS RELATING TO CERTAIN Sincerely, FEES; AMENDING SECTION 54-5112, IDAHO CODE, TO /s/ Lawerence Denney REVISE AND TO PROVIDE ADDITIONAL PROVISIONS Speaker of the House RELATING TO QUALIFICATIONS FOR LICENSURE AS The letter was ordered filed in the office of the Chief Clerk. A NATUROPATHIC PHYSICIAN; AMENDING SECTION 54-5114, IDAHO CODE, TO PROVIDE THAT THE BOARD HOUSE BILL NO. 218 OF NATUROPATHIC MEDICAL EXAMINERS MAY BY HEALTH AND WELFARE COMMITTEE CONDUCT CERTAIN HEARINGS TO DETERMINE AN ACT WHETHER GROUNDS EXIST FOR SUSPENSION, RELATING TO PHARMACISTS; AMENDING SECTION REVOCATION OR DENIAL OF A REGISTRATION; 54-1704, IDAHO CODE, TO PROVIDE ADDITIONAL AMENDING SECTION 54-5115, IDAHO CODE, TO PROVISIONS DEFINING THE PRACTICE OF PHARMACY. PROVIDE ADDITIONAL PROVISIONS RELATING TO DISCIPLINARY ACTION; AMENDING SECTION HOUSE BILL NO. 219 54-5116, IDAHO CODE, TO PROVIDE THAT WHEN THE BY HEALTH AND WELFARE COMMITTEE BOARD OF NATUROPATHIC MEDICAL EXAMINERS AN ACT PROPOSES TO TAKE CERTAIN ACTION RELATING TO A RELATING TO THE OUT-OF-STATE MAIL SERVICE REGISTRATION, THERE SHALL BE OPPORTUNITY FOR PHARMACY ACT; AMENDING SECTION 54-1747, IDAHO A CERTAIN HEARING; AMENDING SECTION 54-5117, CODE, TO PROVIDE FOR PROSPECTIVE DRUG REVIEW IDAHO CODE, TO REVISE PROVISIONS RELATING AND TO PROVIDE FOR COUNSELING. TO CERTAIN PENALTIES; REPEALING SECTION 54-5118, IDAHO CODE, RELATING TO SEVERABILITY; HOUSE BILL NO. 220 AMENDING CHAPTER 51, TITLE 54, IDAHO CODE, BY HEALTH AND WELFARE COMMITTEE BY THE ADDITION OF A NEW SECTION 54-5118, AN ACT IDAHO CODE, TO PROVIDE FOR THE EXCLUSIVE RELATING TO THE NATUROPATHIC PHYSICIANS JURISDICTION FOR LICENSING AND REGISTRATION; LICENSING ACT; AMENDING SECTION 54-5101, AMENDING CHAPTER 51, TITLE 54, IDAHO CODE, BY IDAHO CODE, TO REVISE THE LEGISLATIVE INTENT; THE ADDITION OF A NEW SECTION 54-5119, IDAHO AMENDING SECTION 54-5102, IDAHO CODE, TO CODE, TO PROVIDE FOR SEVERABILITY; TO PROVIDE REVISE DEFINITIONS AND TO REMOVE A DEFINITION; CERTAIN REPORTING REQUIREMENTS OF THE BOARD AMENDING SECTION 54-5103, IDAHO CODE, TO OF NATUROPATHIC MEDICAL EXAMINERS; AND REVISE PROVISIONS RELATING TO LICENSE REPEALING CHAPTER 51, TITLE 54, IDAHO CODE, REQUIREMENTS AND TO PROVIDE FOR LICENSE RELATING TO THE NATUROPATHIC PHYSICIANS RENEWAL REQUIREMENTS; AMENDING CHAPTER LICENSING ACT; DECLARING AN EMERGENCY AND 51, TITLE 54, IDAHO CODE, BY THE ADDITION PROVIDING AN EFFECTIVE DATE. OF A NEW SECTION 54-5103A, IDAHO CODE, TO PROVIDE FOR A REGISTERED NATUROPATHIC HOUSE BILL NO. 221 PRACTITIONER, TO PROVIDE APPLICATION AND BY HEALTH AND WELFARE COMMITTEE RENEWAL REQUIREMENTS FOR A REGISTERED AN ACT NATUROPATHIC PRACTITIONER AND TO PROVIDE RELATING TO MEDICAID; AMENDING SECTION QUALIFICATIONS FOR REGISTERED NATUROPATHIC 31-873, IDAHO CODE, TO REMOVE A CODE REFERENCE, PRACTITIONERS; AMENDING SECTION 54-5104, IDAHO TO PROVIDE FOR THE DETERMINATION OF COVERED CODE, TO REVISE PROVISIONS RELATING TO THE SERVICES AND TO MAKE A TECHNICAL CORRECTION; SCOPE OF PRACTICE OF A NATUROPATHIC PHYSICIAN; REPEALING SECTION 39-5606, IDAHO CODE, RELATING [March 3, 2011 HOUSE JOURNAL 155

TO PAYMENT TO BE MADE TO A PROVIDER; 56-1511, IDAHO CODE, TO REMOVE AN EXCEPTION, REPEALING SECTION 56-102, IDAHO CODE, RELATING TO REVISE THE FREQUENCY OF ASSESSMENTS, TO TO PRINCIPLES OF PROSPECTIVE RATES AND REVISE A DEFINITION, TO REVISE THE YEAR IN PAYMENT; AMENDING SECTION 56-108, IDAHO CODE, WHICH CERTAIN COST REPORTS SHALL BE APPLIED, TO REVISE A CODE REFERENCE; REPEALING SECTION TO PROVIDE WHAT INFORMATION IS TO BE USED 56-113, IDAHO CODE, RELATING TO INTERMEDIATE UNDER CERTAIN CIRCUMSTANCES, TO REVISE THE CARE FACILITIES FOR PEOPLE WITH INTELLECTUAL TIME PERIOD IN WHICH AN ASSESSMENT PAYMENT DISABILITIES; AMENDING SECTION 56-117, IDAHO IS DUE AND TO PROVIDE FOR CONSEQUENCES IF CODE, TO REVISE CODE REFERENCES; AMENDING AN ASSESSMENT IS NOT TIMELY PAID; REPEALING SECTION 56-118, IDAHO CODE, TO REMOVE CERTAIN SECTIONS 56-1504, 56-1505 AND 56-1511, IDAHO CODE, SERVICES FROM REIMBURSEMENT RATE REVIEW AND RELATING TO THE NURSING FACILITY ASSESSMENT DETERMINATION, TO REMOVE AN ANNUAL REVIEW FUND, NURSING FACILITY ASSESSMENTS AND REQUIREMENT, TO PROVIDE FOR IMPLEMENTATION ANNUAL NURSING FACILITY ASSESSMENT PAYMENTS; OF A CERTAIN METHODOLOGY BY RULE, TO AMENDING CHAPTER 15, TITLE 56, IDAHO CODE, BY REMOVE CERTAIN MINIMUM METHODOLOGY THE ADDITION OF NEW SECTIONS 56-1504, 56-1505 REQUIREMENTS, TO REMOVE CERTAIN REPORTING AND 56-1511, IDAHO CODE, TO PROVIDE FOR THE REQUIREMENTS AND TO REMOVE REFERENCE TO NURSING FACILITY ASSESSMENT FUND, NURSING SUBSEQUENT RULES; REPEALING SECTION 56-136, FACILITY ASSESSMENTS AND ANNUAL NURSING IDAHO CODE, RELATING TO PHYSICIAN AND DENTIST FACILITY ASSESSMENT PAYMENTS; AMENDING REIMBURSEMENT; AMENDING SECTION 56-209d, TITLE 56, IDAHO CODE, BY THE ADDITION OF A NEW IDAHO CODE, TO REMOVE CERTAIN PROVISIONS CHAPTER 16, TITLE 56, IDAHO CODE, TO PROVIDE FOR DEALING WITH MEDICAL ASSISTANCE PAYMENT A SHORT TITLE AND FOR LEGISLATIVE INTENT, TO INCREASES AND TO MAKE TECHNICAL CORRECTIONS; DEFINE TERMS, TO PROVIDE FOR THE INTERMEDIATE AMENDING SECTION 56-209g, IDAHO CODE, TO CARE FACILITY ASSESSMENT FUND, TO PROVIDE REMOVE AN OBSOLETE EFFECTIVE DATE, TO PROVIDE FOR INTERMEDIATE CARE FACILITY ASSESSMENTS, PAYMENT FOR DRUGS PURSUANT TO CERTAIN TO REQUIRE THE DEPARTMENT OF HEALTH AND CRITERIA, TO PROVIDE FOR METHODOLOGY, TO WELFARE TO SEEK NECESSARY FEDERAL APPROVAL, ESTABLISH THE AVERAGE ACQUISITION COST OF A TO PROVIDE FOR SEPARATE INTERMEDIATE CARE DRUG AND TO MAKE A TECHNICAL CORRECTION; FACILITY ASSESSMENTS FOR MULTIFACILITY AMENDING SECTION 56-255, IDAHO CODE, TO LOCATIONS, TO PROVIDE FOR THE TERMINATION PROVIDE FOR SERVICE REIMBURSEMENT WITHIN THE OF INTERMEDIATE CARE FACILITY ASSESSMENTS, APPROPRIATIONS PROVIDED BY LAW, TO PROVIDE TO PROVIDE FOR PENALTIES FOR FAILURE TO PAY FOR MENTAL HEALTH SERVICES TO BE DELIVERED THE INTERMEDIATE CARE FACILITY ASSESSMENT, BY PROVIDERS THAT MEET CERTAIN STANDARDS, TO TO PROVIDE FOR ANNUAL INTERMEDIATE CARE REVISE SPECIFIC HEALTH BENEFITS FOR PERSONS FACILITY ADJUSTMENT PAYMENTS AND TO PROVIDE WITH DISABILITIES OR SPECIAL HEALTH NEEDS, TO FOR RULEMAKING AUTHORITY; AMENDING SECTION REVISE BENEFITS FOR ALL MEDICAID PARTICIPANTS 72-803, IDAHO CODE, TO REVISE A CODE REFERENCE; AND TO MAKE A TECHNICAL CORRECTION; PROVIDING AN EFFECTIVE DATE AND PROVIDING A AMENDING SECTION 56-257, IDAHO CODE, TO SUNSET DATE. PROVIDE FOR COPAYMENTS WITHIN THE LIMITS OF FEDERAL MEDICAID LAW AND REGULATION AND TO HOUSE BILL NO. 222 REVISE WHAT MAY BE INCLUDED IN COPAYMENTS BY STATE AFFAIRS COMMITTEE ESTABLISHED BY THE DEPARTMENT OF HEALTH AND AN ACT WELFARE; AMENDING CHAPTER 2, TITLE 56, IDAHO RELATING TO FIREARMS; AMENDING SECTION CODE, BY THE ADDITION OF NEW SECTIONS 56-260 18-3302J, IDAHO CODE, TO REVISE PROVISIONS THROUGH 56-266, IDAHO CODE, TO PROVIDE A SHORT RELATING TO THE AUTHORITY OF THE BOARD TITLE, TO PROVIDE FOR LEGISLATIVE FINDINGS OF REGENTS OF THE UNIVERSITY OF IDAHO, AND INTENT, TO PROVIDE FOR DEFINITIONS, TO THE BOARDS OF TRUSTEES OF THE STATE PROVIDE FOR A MEDICAID MANAGED CARE PLAN, TO COLLEGES AND UNIVERSITIES, THE BOARD FOR PROVIDE FOR RULEMAKING AUTHORITY REGARDING PROFESSIONAL-TECHNICAL EDUCATION AND THE SPECIFIED SERVICES, TO PROVIDE FOR PROVIDER BOARDS OF TRUSTEES OF CERTAIN COMMUNITY PAYMENT AND TO PROVIDE AUTHORIZATION TO COLLEGES TO REGULATE IN MATTERS RELATING TO OBTAIN FEDERAL APPROVAL; AMENDING SECTION FIREARMS, TO PROVIDE A PROVISION RELATING TO A 56-1408, IDAHO CODE, TO REVISE EXEMPTIONS TO DORMITORY HOUSING COMMISSION AND TO MAKE THE HOSPITAL ASSESSMENT; AMENDING SECTION A TECHNICAL CORRECTION; AMENDING CHAPTER 56-1504, IDAHO CODE, TO REVISE A DATE ON WHICH 21, TITLE 33, IDAHO CODE, BY THE ADDITION OF A CERTAIN RATES ARE EFFECTIVE, TO PROVIDE A NEW SECTION 33-2122A, IDAHO CODE, TO PROVIDE RESTRICTION ON THE USE OF THE NURSING FACILITY PROVISIONS RELATING TO THE AUTHORITY OF A ASSESSMENT FUND, TO PROVIDE FOR USE OF THE CERTAIN DORMITORY HOUSING COMMISSION TO FUND FOR CERTAIN MATCHING PURPOSES AND REGULATE FIREARMS; AMENDING CHAPTER 21, TO MAKE A TECHNICAL CORRECTION; AMENDING TITLE 33, IDAHO CODE, BY THE ADDITION OF A SECTION 56-1505, IDAHO CODE, TO REMOVE AN NEW SECTION 33-2145, IDAHO CODE, TO PROVIDE EXCEPTION, TO REVISE THE AGGREGATE AMOUNT OF PROVISIONS RELATING TO THE AUTHORITY OF THE ASSESSMENTS, THE FREQUENCY OF ASSESSMENTS BOARD OF TRUSTEES OF EACH COMMUNITY COLLEGE AND WHEN ASSESSMENTS ARE DUE AND TO MAKE DISTRICT TO REGULATE FIREARMS; AMENDING A TECHNICAL CORRECTION; AMENDING SECTION CHAPTER 22, TITLE 33, IDAHO CODE, BY THE ADDITION 156 HOUSE JOURNAL March 3, 2011]

OF A NEW SECTION 33-2213, IDAHO CODE, TO PROVIDE TO REVISE PROVISIONS RELATING TO THE DISCHARGE PROVISIONS RELATING TO THE AUTHORITY OF OF DEFENDANT AND THE AMENDMENT OF JUDGMENT. THE STATE BOARD FOR PROFESSIONAL-TECHNICAL EDUCATION TO REGULATE FIREARMS; AMENDING CHAPTER 28, TITLE 33, IDAHO CODE, BY THE HOUSE BILL NO. 227 ADDITION OF A NEW SECTION 33-2817, IDAHO BY STATE AFFAIRS COMMITTEE CODE, TO PROVIDE PROVISIONS RELATING TO THE AN ACT AUTHORITY OF THE BOARD OF REGENTS OF THE RELATING TO CRIMES AND PUNISHMENTS AND UNIVERSITY OF IDAHO TO REGULATE FIREARMS; MOTOR VEHICLES; AMENDING SECTION 18-8002, AMENDING CHAPTER 30, TITLE 33, IDAHO CODE, IDAHO CODE, TO PROVIDE THAT CERTAIN PERSONS BY THE ADDITION OF A NEW SECTION 33-3013, ENROLLED AND IN GOOD STANDING IN CERTAIN IDAHO CODE, TO PROVIDE PROVISIONS RELATING TO COURTS SHALL BE ELIGIBLE FOR RESTRICTED THE AUTHORITY OF THE BOARD OF TRUSTEES OF NONCOMMERCIAL DRIVING PRIVILEGES FOR CERTAIN IDAHO STATE UNIVERSITY TO REGULATE FIREARMS; PURPOSES AND UNDER CERTAIN CONDITIONS; AMENDING CHAPTER 31, TITLE 33, IDAHO CODE, AMENDING SECTION 18-8002A, IDAHO CODE, TO BY THE ADDITION OF A NEW SECTION 33-3117, PROVIDE THAT CERTAIN PERSONS SHALL BE IDAHO CODE, TO PROVIDE PROVISIONS RELATING INFORMED THAT IF ANY SUCH PERSON IS ENROLLED TO THE AUTHORITY OF THE BOARD OF TRUSTEES AND IN GOOD STANDING IN CERTAIN COURTS, OF LEWIS-CLARK STATE COLLEGE TO REGULATE SUCH PERSON SHALL BE ELIGIBLE FOR RESTRICTED FIREARMS; AMENDING CHAPTER 40, TITLE 33, IDAHO NONCOMMERCIAL DRIVING PRIVILEGES FOR CERTAIN CODE, BY THE ADDITION OF A NEW SECTION 33-4008, PURPOSES AND UNDER CERTAIN CONDITIONS; IDAHO CODE, TO PROVIDE PROVISIONS RELATING TO AMENDING SECTION 18-8004C, IDAHO CODE, TO THE AUTHORITY OF THE BOARD OF TRUSTEES OF PROVIDE THAT CERTAIN PERSONS ENROLLED AND BOISE STATE UNIVERSITY TO REGULATE FIREARMS; IN GOOD STANDING IN CERTAIN COURTS SHALL AND PROVIDING SEVERABILITY. BE ELIGIBLE FOR RESTRICTED NONCOMMERCIAL DRIVING PRIVILEGES FOR CERTAIN PURPOSES HOUSE BILL NO. 223 AND UNDER CERTAIN CONDITIONS AND TO MAKE BY STATE AFFAIRS COMMITTEE TECHNICAL CORRECTIONS; AND AMENDING SECTION AN ACT 18-8005, IDAHO CODE, TO PROVIDE THAT CERTAIN RELATING TO THE LOCAL PLANNING ACT; PERSONS ENROLLED AND IN GOOD STANDING AMENDING SECTION 67-6504, IDAHO CODE, TO IN CERTAIN COURTS SHALL BE ELIGIBLE FOR PROVIDE THAT NOT MORE THAN ONE-THIRD OF RESTRICTED NONCOMMERCIAL DRIVING PRIVILEGES THE MEMBERS OF ANY COMMISSION APPOINTED FOR CERTAIN PURPOSES AND UNDER CERTAIN BY THE CHAIRMAN OF THE BOARD OF COUNTY CONDITIONS. COMMISSIONERS MUST RESIDE OUTSIDE AN INCORPORATED CITY BUT MAY RESIDE WITHIN THE H 218, H 219, H 220, H 221, H 222, H 223, H 224, H 225, BOUNDARIES OF ANY CITY'S AREA OF IMPACT. H 226, and H 227 were introduced, read the first time by title, and referred to the Judiciary, Rules, and Administration Committee HOUSE BILL NO. 224 for printing. BY STATE AFFAIRS COMMITTEE S 1116, S 1120, S 1121, and S 1118, by Judiciary and Rules AN ACT Committee, were introduced, read the first time by title, and RELATING TO THE LOCAL PLANNING ACT; referred to the Judiciary, Rules, and Administration Committee. AMENDING SECTION 67-6519, IDAHO CODE, TO REVISE THE APPLICATION GRANTING PROCESS AND S 1074 and S 1098, by Health and Welfare Committee, TO PROVIDE WHERE THE COMMISSION HEARS AN were introduced, read the first time by title, and referred to the APPLICATION, THE COMMISSION SHALL HAVE A Commerce and Human Resources Committee. REASONABLE TIME FIXED BY THE GOVERNING BOARD TO EXAMINE THE APPLICATION BEFORE S 1107, by Education Committee, was introduced, read the THE COMMISSION MAKES ITS DECISION ON THE first time by title, and referred to the State Affairs Committee. APPLICATION OR MAKES ITS RECOMMENDATION TO THE GOVERNING BOARD. There being no objection, the House advanced to the Tenth Order of Business. HOUSE BILL NO. 225 Second Reading of Bills and Joint Resolutions BY STATE AFFAIRS COMMITTEE AN ACT SJM 101 and S 1077, by Resources and Environment RELATING TO THE IDAHO DRUG COURT AND Committee, were read the second time by title and filed for third MENTAL HEALTH COURT ACT; AMENDING SECTION reading. 19-5604, IDAHO CODE, TO PROVIDE ADDITIONAL PROVISIONS RELATING TO THE ELIGIBILITY OF A HCR 15, by Ways and Means Committee, was read the PERSON TO BE ADMITTED INTO DRUG COURT. second time by title and filed for third reading.

HOUSE BILL NO. 226 S 1063, S 1097, and S 1117, by Judiciary and Rules BY STATE AFFAIRS COMMITTEE Committee, were read the second time by title and filed for third AN ACT reading. RELATING TO SUSPENSION OF JUDGMENT AND H 183 and H 194, by State Affairs Committee, were read the SENTENCE; AMENDING SECTION 19-2604, IDAHO CODE, second time by title and filed for third reading. [March 3, 2011 HOUSE JOURNAL 157

Third Reading of Bills and Joint Resolutions At this time, the Speaker Pro Tem recognized Mr. Thayn to open debate. H 122 was read the third time at length, section by section, and placed before the House for final consideration. The question being, "Shall H 154 pass?"

At this time, the Speaker recognized Ms. King to open Roll call resulted as follows: debate. AYES – Anderson, Andrus, Barbieri, Barrett, Bateman, Bayer, Bedke, Bell, Bilbao, Black, Block, Bolz, Boyle, The question being, "Shall H 122 pass?" Buckner-Webb, Burgoyne, Chadderdon(Chadderdon), Chew, Collins, Crane, DeMordaunt, Ellsworth, Eskridge, Roll call resulted as follows: Gibbs(Wheeler), Guthrie, Hagedorn, Hart, Hartgen, Henderson, AYES – Anderson, Andrus, Barbieri, Barrett, Bateman, Higgins, Jaquet, Killen, King, Lacey, Lake, Loertscher, Bayer, Bedke, Bell, Bilbao, Black, Block, Bolz, Boyle, Luker, Marriott, McGeachin, McMillan, Moyle, Nesset, Chadderdon(Chadderdon), Collins, Crane, Cronin, DeMordaunt, Nielsen, Nonini, Palmer, Patrick, Pence, Perry, Raybould, Ellsworth, Eskridge, Gibbs(Wheeler), Guthrie, Hagedorn, Hart, Ringo, Rusche, Schaefer, Shirley, Simpson, Sims, Smith(30), Hartgen, Henderson, Jaquet, King, Lake, Loertscher, Luker, Smith(24), Stevenson, Takasugi(Batt), Thayn, Thompson, Trail, Marriott, McGeachin, McMillan, Moyle, Nesset, Nielsen, Nonini, Vander Woude, Wills, Wood(27), Wood(35), Mr. Speaker. Palmer, Patrick, Pence, Perry, Raybould, Roberts, Schaefer, Total – 66. Shirley, Simpson, Sims, Smith(30), Smith(24), Stevenson, NAYS – None. Takasugi(Batt), Thayn, Thompson, Trail, Vander Woude, Wills, Absent and excused – Cronin, Harwood, Roberts, Shepherd. Wood(27), Mr. Speaker. Total – 59. Total – 4. NAYS – Buckner-Webb, Burgoyne, Chew, Higgins, Killen, Total – 70. Lacey, Ringo, Rusche, Wood(35). Total – 9. Absent and excused – Harwood, Shepherd. Total – 2. Whereupon the Speaker Pro Tem declared that H 154 passed Total – 70. the House. Title was approved and the bill ordered transmitted to the Senate. Whereupon the Speaker declared that H 122 passed the House. Title was approved and the bill ordered transmitted to H 130 was read the third time at length, section by section, the Senate. and placed before the House for final consideration. H 129 was read the third time at length, section by section, At this time, the Speaker Pro Tem recognized Mr. Thompson and placed before the House for final consideration. to open debate. At this time, the Speaker recognized Mr. Luker to open The question being, "Shall H 130 pass?" debate. Roll call resulted as follows: At this time, Mr. Moyle took the Chair. AYES – Anderson, Andrus, Barrett, Bateman, Bayer, Pursuant to Rule 38(3), Mr. Cronin disclosed a conflict of Bedke, Bell, Bilbao, Black, Block, Bolz, Boyle, Buckner-Webb, interest regarding H 129. Burgoyne, Chadderdon(Chadderdon), Chew, Collins, Crane, DeMordaunt, Ellsworth, Eskridge, Gibbs(Wheeler), Guthrie, The question being, "Shall H 129 pass?" Hagedorn, Hartgen, Higgins, Jaquet, Killen, King, Lacey, Lake, Loertscher, Luker, Marriott, McGeachin, Moyle, Nesset, Roll call resulted as follows: Nonini, Palmer, Patrick, Pence, Perry, Raybould, Ringo, Rusche, AYES – Anderson, Andrus, Barbieri, Barrett, Bateman, Shirley, Simpson, Sims, Smith(30), Smith(24), Stevenson, Bayer, Bedke, Bell, Bilbao, Black, Block, Bolz, Boyle, Takasugi(Batt), Thayn, Thompson, Trail, Vander Woude, Wills, Chadderdon(Chadderdon), Collins, Crane, DeMordaunt, Wood(27), Mr. Speaker. Total – 59. Ellsworth, Eskridge, Gibbs(Wheeler), Guthrie, Hagedorn, NAYS – Barbieri, Hart, McMillan, Nielsen, Schaefer, Hart, Hartgen, Harwood, Henderson, Lake, Loertscher, Luker, Wood(35). Total – 6. Marriott, McGeachin, McMillan, Moyle, Nesset, Nielsen, Nonini, Absent and excused – Cronin, Harwood, Henderson, Palmer, Patrick, Perry, Raybould, Roberts, Schaefer, Shirley, Roberts, Shepherd. Total – 5. Simpson, Sims, Smith(24), Stevenson, Takasugi(Batt), Thayn, Total – 70. Thompson, Trail, Vander Woude, Wills, Wood(27), Wood(35), Mr. Speaker. Total – 56. Whereupon the Speaker Pro Tem declared that H 130 passed NAYS – Buckner-Webb, Burgoyne, Chew, Cronin, Higgins, the House. Title was approved and the bill ordered transmitted to Jaquet, Killen, King, Lacey, Pence, Ringo, Rusche, Smith(30). the Senate. Total – 13. H 131 was read the third time at length, section by section, Absent and excused – Shepherd. Total – 1. and placed before the House for final consideration. Paired Votes: AYE – Harwood NAY – Higgins At this time, the Speaker Pro Tem recognized Mr. Rusche to (Pairs enumerated in roll call above.) open debate. Total – 70. The question being, "Shall H 131 pass?" Whereupon the Speaker Pro Tem declared that H 129 passed the House. Title was approved and the bill ordered transmitted to Roll call resulted as follows: the Senate. AYES – Anderson, Andrus, Barbieri, Barrett, Bateman, Bayer, Bedke, Bell, Bilbao, Black, Block, Bolz, Boyle, H 154 was read the third time at length, section by section, Buckner-Webb, Burgoyne, Chadderdon(Chadderdon), and placed before the House for final consideration. Chew, Collins, Crane, DeMordaunt, Ellsworth, Eskridge, 158 HOUSE JOURNAL March 3, 2011]

Gibbs(Wheeler), Guthrie, Hagedorn, Hart, Henderson, Higgins, Whereupon the Speaker Pro Tem declared that H 160 passed Jaquet, Killen, King, Lacey, Lake, Loertscher, Luker, Marriott, the House. Title was approved and the bill ordered transmitted to McGeachin, McMillan, Moyle, Nesset, Nielsen, Nonini, Palmer, the Senate. Patrick, Pence, Perry, Raybould, Ringo, Rusche, Schaefer, Shirley, Simpson, Sims, Smith(30), Smith(24), Stevenson, S 1059 was read the third time at length, section by section, Takasugi(Batt), Thayn, Thompson, Trail, Vander Woude, Wills, and placed before the House for final consideration. Wood(27), Wood(35). Total – 64. NAYS – None. At this time, the Speaker Pro Tem recognized Mr. Nesset to Absent and excused – Cronin, Hartgen, Harwood, Roberts, open debate. Shepherd, Mr. Speaker. Total – 6. The question being, "Shall S 1059 pass?" Total – 70. Whereupon the Speaker Pro Tem declared that H 131 passed Roll call resulted as follows: the House. Title was approved and the bill ordered transmitted to AYES – Anderson, Barbieri, Barrett, Bateman, Bayer, the Senate. Bedke, Bell, Bilbao, Black, Block, Bolz, Boyle, Buckner-Webb, Burgoyne, Chadderdon(Chadderdon), Chew, Collins, Crane, H 132 was read the third time at length, section by section, DeMordaunt, Ellsworth, Eskridge, Gibbs(Wheeler), Guthrie, and placed before the House for final consideration. Hagedorn, Hart, Hartgen, Henderson, Higgins, Jaquet, Killen, King, Lacey, Lake, Loertscher, Luker, McGeachin, McMillan, At this time, the Speaker Pro Tem recognized Mr. Patrick to Moyle, Nesset, Nielsen, Nonini, Palmer, Patrick, Pence, Perry, open debate. Raybould, Ringo, Rusche, Schaefer, Shirley, Simpson, Sims, Smith(30), Smith(24), Stevenson, Takasugi(Batt), Thayn, The question being, "Shall H 132 pass?" Thompson, Trail, Vander Woude, Wills, Wood(27), Wood(35). Total – 63. Roll call resulted as follows: NAYS – Marriott. Total – 1. AYES – Anderson, Barbieri, Barrett, Bateman, Bayer, Absent and excused – Andrus, Cronin, Harwood, Roberts, Bedke, Bell, Bilbao, Black, Block, Bolz, Boyle, Buckner-Webb, Shepherd, Mr. Speaker. Total – 6. Burgoyne, Chadderdon(Chadderdon), Chew, Collins, Crane, Total – 70. DeMordaunt, Ellsworth, Eskridge, Gibbs(Wheeler), Guthrie, Hagedorn, Hart, Hartgen, Henderson, Higgins, Jaquet, Killen, Whereupon the Speaker Pro Tem declared that S 1059 passed King, Lacey, Lake, Loertscher, Luker, Marriott, McGeachin, the House. Title was approved and the bill ordered returned to the McMillan, Nesset, Nonini, Palmer, Patrick, Pence, Perry, Senate. Raybould, Ringo, Rusche, Schaefer, Shirley, Simpson, Sims, Smith(30), Smith(24), Stevenson, Takasugi(Batt), Thayn, Mr. Bedke asked unanimous consent that the remaining Thompson, Trail, Vander Woude, Wills, Wood(27), Wood(35). bills on the Third Reading Calendar retain their places for one Total – 62. legislative day. There being no objection, it was so ordered. NAYS – Moyle. Total – 1. Absent and excused – Andrus, Cronin, Harwood, Nielsen, There being no objection, the House advanced to the Roberts, Shepherd, Mr. Speaker. Total – 7. Sixteenth Order of Business. Total – 70. Adjournment Whereupon the Speaker Pro Tem declared that H 132 passed Mr. Bedke moved that the House adjourn until 10 a.m., the House. Title was approved and the bill ordered transmitted to Friday, March 4, 2011. Seconded by Mr. Rusche. Motion carried. the Senate. Whereupon the Speaker Pro Tem declared the House H 160 was read the third time at length, section by section, adjourned at 3:17 p.m. and placed before the House for final consideration. LAWERENCE DENNEY, Speaker At this time, the Speaker Pro Tem recognized Mr. Hagedorn ATTEST: to open debate. BONNIE ALEXANDER, Chief Clerk The question being, "Shall H 160 pass?"

Roll call resulted as follows: AYES – Anderson, Barbieri, Barrett, Bateman, Bayer, Bedke, Bell, Bilbao, Black, Block, Bolz, Boyle, Buckner-Webb, Chadderdon(Chadderdon), Chew, Collins, Crane, DeMordaunt, Ellsworth, Eskridge, Gibbs(Wheeler), Guthrie, Hagedorn, Hart, Hartgen, Henderson, Higgins, Jaquet, Killen, King, Lacey, Lake, Loertscher, Luker, Marriott, McGeachin, McMillan, Moyle, Nesset, Nielsen, Nonini, Palmer, Patrick, Pence, Perry, Raybould, Ringo, Rusche, Schaefer, Shirley, Simpson, Sims, Smith(30), Smith(24), Stevenson, Takasugi(Batt), Thayn, Thompson, Trail, Vander Woude, Wills, Wood(27), Wood(35). Total – 63. NAYS – Burgoyne. Total – 1. Absent and excused – Andrus, Cronin, Harwood, Roberts, Shepherd, Mr. Speaker. Total – 6. Total – 70. [March 4, 2011 HOUSE JOURNAL 159

HOUSE JOURNAL Report of Standing Committees OF THE March 4, 2011 Mr. Speaker: We, your COMMITTEE ON JUDICIARY, RULES, AND IDAHO LEGISLATURE ADMINISTRATION, report that we have printed H 218, H 219, H 220, H 221, H 222, H 223, H 224, H 225, H 226, and H 227. FIRST REGULAR SESSION WILLS, Chairman SIXTY-FIRST LEGISLATURE H 218, H 219, and H 221 were referred to the Health and Welfare Committee. H 220, H 222, and H 223 were referred to the State Affairs Committee. FIFTY-FOURTH LEGISLATIVE DAY FRIDAY, MARCH 4, 2011 H 224 was referred to the Local Government Committee. H 225, H 226, and H 227 were referred to the Judiciary, House of Representatives Rules, and Administration Committee. The House convened at 10 a.m., the Speaker in the Chair. March 4, 2011 Mr. Speaker: Roll call showed 68 members present. We, your COMMITTEE ON JUDICIARY, RULES, AND Absent and excused – Harwood, Wood(35). Total – 2. ADMINISTRATION, report that we have enrolled HCR 8, H 17, Total – 70. H 43, H 44, H 87, H 20, H 21, H 76, H 105, H 41, H 112, and Prayer was offered by Chaplain Tom Dougherty. H 51. WILLS, Chairman The Pledge of Allegiance was led by Cara Pantone, Page. The Speaker announced he was about to sign enrolled Approval of Journal HCR 8, H 17, H 43, H 44, H 87, H 20, H 21, H 76, H 105, H 41, H 112, and H 51 and, when so signed, ordered them March 4, 2011 transmitted to the Senate for the signature of the President. Mr. Speaker: We, your COMMITTEE ON JUDICIARY, RULES, AND March 3, 2011 ADMINISTRATION, report that we have read and approved the Mr. Speaker: House Journal of the Fifty-third Legislative Day and recommend We, your COMMITTEE ON JUDICIARY, RULES, AND that same be adopted as corrected. ADMINISTRATION, report that we have transmitted enrolled WILLS, Chairman HCR 7 and HCR 6 to the Secretary of State at 1:52 p.m., as of this date, March 3, 2011. Mr. Wills moved that the report be adopted. Seconded by WILLS, Chairman Mr. Burgoyne. Report adopted. March 3, 2011 Mr. Speaker: Consideration of Messages from the We, your COMMITTEE ON COMMERCE AND HUMAN Governor and the Senate RESOURCES, report that we have had under consideration March 3, 2011 S 1017 and S 1020 and recommend that they do pass. Mr. Speaker: BLOCK, Chairman I return herewith enrolled H 93 which has been signed by the S 1017 and S 1020 were filed for second reading. President. WOOD, Secretary March 4, 2011 Mr. Speaker: Enrolled H 93 was referred to the Judiciary, Rules, and We, your COMMITTEE ON BUSINESS, report that we have Administration Committee for delivery to the Governor. had under consideration H 179 and H 195 and recommend that March 3, 2011 they do pass. Mr. Speaker: BLACK, Chairman I transmit herewith S 1076 which has passed the Senate. WOOD, Secretary H 179 and H 195 were filed for second reading. S 1076 was filed for first reading. There being no objection, the House advanced to the Seventh Order of Business. March 3, 2011 Mr. Speaker: Motions, Memorials, and Resolutions I return herewith H 144, H 52, H 53, H 54, H 56, H 155, H 38, H 40, H 100, and H 101 which have passed the Senate. HOUSE CONCURRENT RESOLUTION NO. 21 WOOD, Secretary BY WAYS AND MEANS COMMITTEE A CONCURRENT RESOLUTION H 144, H 52, H 53, H 54, H 56, H 155, H 38, H 40, STATING FINDINGS OF THE LEGISLATURE AND H 100, and H 101 were referred to the Judiciary, Rules, and REJECTING A CERTAIN RULE DOCKET OF THE Administration Committee for enrolling. DEPARTMENT OF HEALTH AND WELFARE RELATING 160 HOUSE JOURNAL March 4, 2011]

TO RULES GOVERNING STANDARDS FOR CHILD CARE RELATING TO EXCEPTIONS FOR SIZE OF VEHICLES AND LICENSING. LOADS AND TO MAKE A TECHNICAL CORRECTION.

Be It Resolved by the Legislature of the State of Idaho: HOUSE BILL NO. 229 BY WAYS AND MEANS COMMITTEE WHEREAS, the Legislature is vested with authority to reject AN ACT executive agency rules under the provisions of Section 67-5291, RELATING TO PUBLIC ASSISTANCE LAW; Idaho Code, in the event that the Legislature finds that the rules AMENDING SECTION 56-211, IDAHO CODE, TO PROVIDE are not consistent with legislative intent; and ADDITIONAL REQUIREMENTS RELATING TO AN WHEREAS, it is the finding of the Legislature that a certain APPLICATION FOR CERTAIN PUBLIC ASSISTANCE AND rule docket of the Department of Health and Welfare relating TO MAKE A TECHNICAL CORRECTION. to Rules Governing Standards for Child Care Licensing is not consistent with legislative intent and should be rejected. HOUSE BILL NO. 230 NOW, THEREFORE, BE IT RESOLVED by the members BY WAYS AND MEANS COMMITTEE of the First Regular Session of the Sixty-first Idaho Legislature, AN ACT the House of Representatives and the Senate concurring therein, RELATING TO VERIFICATION OF LAWFUL that IDAPA 16.06.02, Department of Health and Welfare Rules PRESENCE IN THE UNITED STATES; AMENDING Governing Standards for Child Care Licensing, adopted as a SECTION 67-7903, IDAHO CODE, TO PROVIDE FOR AN pending rule under Docket Number 16-0602-1001, the entire ACTION TO BE SUBJECT TO CRIMINAL PENALTY AND rulemaking docket, be, and the same is hereby rejected and TO REVISE CRIMINAL PENALTIES. declared null, void and of no force and effect. HOUSE BILL NO. 231 HOUSE CONCURRENT RESOLUTION NO. 22 BY WAYS AND MEANS COMMITTEE BY WAYS AND MEANS COMMITTEE AN ACT A CONCURRENT RESOLUTION RELATING TO HUNTING; AMENDING SECTION STATING FINDINGS OF THE LEGISLATURE AND 36-1101, IDAHO CODE, TO PROHIBIT THE USE OF REJECTING A CERTAIN RULE OF THE DEPARTMENT CERTAIN AIRCRAFT IN THE TAKING OF ANY BIG GAME OF HEALTH AND WELFARE RELATING TO RULES OF ANIMAL ON THE SAME CALENDAR DAY OF USE OF THE IDAHO COUNCIL ON DOMESTIC VIOLENCE AND SUCH AIRCRAFT FOR LOADING, TRANSPORTING OR VICTIM ASSISTANCE GRANT FUNDING. UNLOADING HUNTERS, GAME OR HUNTING GEAR, Be It Resolved by the Legislature of the State of Idaho: TO PROVIDE EXCEPTIONS AND TO CLARIFY THAT CERTAIN PROVISIONS SHALL NOT LIMIT OR PROHIBIT WHEREAS, the Legislature is vested with authority to reject THE LAWFUL CONTROL OF WOLVES OR PREDATORY executive agency rules under the provisions of Section 67-5291, OR UNPROTECTED WILDLIFE THROUGH THE USE OF Idaho Code, in the event that the Legislature finds that the rules HELICOPTERS OR OTHER AIRCRAFT UNDER CERTAIN are not consistent with legislative intent; and CIRCUMSTANCES. WHEREAS, it is the finding of the Legislature that a certain rule of the Department of Health and Welfare relating to Rules of HOUSE BILL NO. 232 the Idaho Council on Domestic Violence and Victim Assistance BY WAYS AND MEANS COMMITTEE Grant Funding is not consistent with legislative intent and should AN ACT be rejected. RELATING TO ENCROACHMENTS; AMENDING NOW, THEREFORE, BE IT RESOLVED by the members SECTION 40-2319, IDAHO CODE, TO REVISE PROVISIONS of the First Regular Session of the Sixty-first Idaho Legislature, RELATING TO THE IMMEDIATE REMOVAL OF the House of Representatives and the Senate concurring CERTAIN ENCROACHMENTS BY A COUNTY OR therein, that IDAPA 16.05.04, Department of Health and HIGHWAY DISTRICT AND TO PROVIDE THAT Welfare Rules of the Idaho Council on Domestic Violence and CERTAIN PROVISIONS SHALL NOT BE CONSTRUED Victim Assistance Grant Funding, Section 004, Incorporation TO LIMIT, ABROGATE OR SUPERSEDE SPECIFIED by Reference, Subsection 03, Documents Incorporated by LAW GOVERNING THE POWER, AUTHORITY OR Reference, Paragraph b, Minimum Standards for Domestic JURISDICTION OF A COUNTY OR HIGHWAY DISTRICT. Violence Offender Intervention Programs, published by the Idaho Council on Domestic Violence and Victim Assistance, effective H 228, H 229, H 230, H 231, and H 232 were introduced, July 1, 2011, Section I.B.4, only, adopted as a pending rule read the first time by title, and referred to the Judiciary, Rules, under Docket Number 16-0504-1001, be, and the same is hereby and Administration Committee for printing. rejected and declared null, void and of no force and effect. S 1076, by Health and Welfare Committee, was introduced, HCR 21 and HCR 22 were introduced, read the first time read the first time by title, and referred to the Health and Welfare by title, and referred to the Judiciary, Rules, and Administration Committee. Committee for printing. There being no objection, the House advanced to the Tenth Introduction, First Reading, and Reference Order of Business. of Bills and Joint Resolutions Second Reading of Bills and Joint Resolutions HOUSE BILL NO. 228 S 1108 and S 1110, by Education Committee, were read the BY WAYS AND MEANS COMMITTEE second time by title and filed for third reading. AN ACT RELATING TO MOTOR VEHICLES; AMENDING H 213 and H 214, by Revenue and Taxation Committee, were SECTION 49-1010, IDAHO CODE, TO REVISE PROVISIONS read the second time by title and filed for third reading. [March 4, 2011 HOUSE JOURNAL 161

H 210, by Ways and Means Committee, was read the second Whereupon the Speaker declared that S 1062 passed the time by title and filed for third reading. House. Title was approved and the bill ordered returned to the Senate. SCR 103 and S 1055, by Agricultural Affairs Committee, were read the second time by title and filed for third reading. S 1073 was read the third time at length, section by section, and placed before the House for final consideration. H 88, by State Affairs Committee, was read the second time by title and filed for third reading. At this time, the Speaker recognized Ms. Smith(30) to open debate. H 162, by Health and Welfare Committee, was read the second time by title and filed for third reading. The question being, "Shall S 1073 pass?"

Third Reading of Bills and Joint Resolutions Roll call resulted as follows: S 1061 was read the third time at length, section by section, AYES – Anderson, Bateman, Bayer, Bedke, Bilbao, and placed before the House for final consideration. Black, Block, Bolz, Boyle, Buckner-Webb, Burgoyne, Chadderdon(Chadderdon), Chew, Collins, Crane, Cronin, At this time, the Speaker recognized Mr. Nonini to open DeMordaunt, Ellsworth, Eskridge, Gibbs(Wheeler), Guthrie, debate. Hagedorn, Hartgen, Henderson, Higgins, Jaquet, Killen, King, Lacey, Loertscher, Luker, Marriott, McGeachin, McMillan, Pursuant to Rule 38(3), Ms. Sims disclosed a conflict of Nesset, Nielsen, Nonini, Palmer, Pence, Perry, Raybould, Ringo, interest regarding S 1061. Rusche, Schaefer, Shepherd, Shirley, Simpson, Sims, Smith(30), The question being, "Shall S 1061 pass?" Takasugi(Batt), Thayn, Trail, Vander Woude, Wills, Wood(27), Mr. Speaker. Total – 56. Roll call resulted as follows: NAYS – Andrus, Barbieri, Barrett, Bell, Hart, Moyle, AYES – Anderson, Andrus, Barbieri, Barrett, Bateman, Patrick, Roberts, Smith(24), Stevenson, Thompson. Total – 11. Bayer, Bedke, Bell, Bilbao, Black, Block, Bolz, Boyle, Absent and excused – Harwood, Lake, Wood(35). Total – 3. Buckner-Webb, Burgoyne, Chadderdon(Chadderdon), Chew, Total – 70. Collins, Crane, Cronin, DeMordaunt, Ellsworth, Eskridge, Whereupon the Speaker declared that S 1073 passed the Gibbs(Wheeler), Guthrie, Hagedorn, Hart, Hartgen, Henderson, House. Title was approved and the bill ordered returned to the Higgins, Jaquet, Killen, King, Lacey, Lake, Loertscher, Luker, Senate. Marriott, McGeachin, McMillan, Moyle, Nesset, Nielsen, Nonini, Palmer, Patrick, Pence, Perry, Raybould, Ringo, Roberts, H 2 was read the third time at length, section by section, and Rusche, Schaefer, Shepherd, Shirley, Simpson, Sims, Smith(30), placed before the House for final consideration. Smith(24), Stevenson, Takasugi(Batt), Thayn, Thompson, Trail, Vander Woude, Wills, Wood(27), Mr. Speaker. Total – 68. At this time, the Speaker recognized Ms. Chew to open NAYS – None. debate. Absent and excused – Harwood, Wood(35). Total – 2. The question being, "Shall H 2 pass?" Total – 70. Whereupon the Speaker declared that S 1061 passed the Roll call resulted as follows: House. Title was approved and the bill ordered returned to the AYES – Anderson, Andrus, Barbieri, Barrett, Bateman, Senate. Bayer, Bedke, Bell, Bilbao, Black, Block, Bolz, Boyle, Buckner-Webb, Burgoyne, Chadderdon(Chadderdon), Chew, S 1062 was read the third time at length, section by section, Collins, Crane, Cronin, DeMordaunt, Ellsworth, Eskridge, and placed before the House for final consideration. Gibbs(Wheeler), Guthrie, Hagedorn, Hart, Hartgen, Henderson, At this time, the Speaker recognized Mr. Nonini to open Higgins, Jaquet, Killen, King, Lacey, Loertscher, Luker, debate. Marriott, McGeachin, McMillan, Moyle, Nesset, Nielsen, Nonini, Palmer, Patrick, Pence, Perry, Raybould, Ringo, Roberts, Pursuant to Rule 38(3), Ms. Sims disclosed a conflict of Rusche, Schaefer, Shepherd, Shirley, Simpson, Sims, Smith(30), interest regarding S 1062. Smith(24), Stevenson, Takasugi(Batt), Thayn, Thompson, Trail, Vander Woude, Wills, Wood(27), Mr. Speaker. Total – 67. The question being, "Shall S 1062 pass?" NAYS – None. Absent and excused – Harwood, Lake, Wood(35). Total – 3. Roll call resulted as follows: Total – 70. AYES – Anderson, Andrus, Barbieri, Barrett, Bateman, Bayer, Bedke, Bell, Bilbao, Black, Block, Bolz, Boyle, Whereupon the Speaker declared that H 2 passed the House. Buckner-Webb, Burgoyne, Chadderdon(Chadderdon), Chew, Title was approved and the bill ordered transmitted to the Senate. Collins, Crane, Cronin, DeMordaunt, Ellsworth, Eskridge, Gibbs(Wheeler), Guthrie, Hagedorn, Hart, Hartgen, Henderson, H 3 was read the third time at length, section by section, and Higgins, Jaquet, Killen, King, Lacey, Loertscher, Luker, placed before the House for final consideration. Marriott, McGeachin, McMillan, Moyle, Nesset, Nielsen, At this time, the Speaker recognized Mr. Thayn to open Nonini, Palmer, Patrick, Pence, Perry, Raybould, Ringo, Roberts, debate. Rusche, Schaefer, Shepherd, Shirley, Simpson, Sims, Smith(30), Smith(24), Stevenson, Takasugi(Batt), Thayn, Thompson, Trail, The question being, "Shall H 3 pass?" Vander Woude, Wills, Wood(27), Mr. Speaker. Total – 67. NAYS – None. Roll call resulted as follows: Absent and excused – Harwood, Lake, Wood(35). Total – 3. AYES – Anderson, Andrus, Barbieri, Barrett, Bateman, Total – 70. Bayer, Bedke, Bell, Bilbao, Black, Block, Bolz, Boyle, 162 HOUSE JOURNAL March 4, 2011]

Buckner-Webb, Burgoyne, Chadderdon(Chadderdon), Chew, Whereupon the Speaker declared that H 182 passed the Collins, Crane, Cronin, DeMordaunt, Ellsworth, Eskridge, House. Title was approved and the bill ordered transmitted to Gibbs(Wheeler), Guthrie, Hagedorn, Hart, Hartgen, Henderson, the Senate. Higgins, Jaquet, Killen, King, Lacey, Loertscher, Luker, Marriott, McGeachin, McMillan, Moyle, Nesset, Nielsen, H 145, as amended, was read the third time at length, section Nonini, Palmer, Patrick, Pence, Perry, Raybould, Ringo, Roberts, by section, and placed before the House for final consideration. Rusche, Schaefer, Shepherd, Shirley, Simpson, Sims, Smith(30), At this time, the Speaker recognized Mr. Hagedorn to open Smith(24), Stevenson, Takasugi(Batt), Thayn, Thompson, Trail, debate. Vander Woude, Wills, Wood(27), Mr. Speaker. Total – 67. NAYS – None. Pursuant to Rule 38(3), Ms. Sims disclosed a conflict of Absent and excused – Harwood, Lake, Wood(35). Total – 3. interest regarding H 145, as amended. Total – 70. The question being, "Shall H 145, as amended, pass?" Whereupon the Speaker declared that H 3 passed the House. Title was approved and the bill ordered transmitted to the Senate. Roll call resulted as follows: AYES – Anderson, Andrus, Barbieri, Barrett, Bateman, H 4 was read the third time at length, section by section, and Bayer, Bedke, Bell, Bilbao, Black, Block, Bolz, Boyle, placed before the House for final consideration. Buckner-Webb, Burgoyne, Chadderdon(Chadderdon), Chew, Collins, Crane, Cronin, DeMordaunt, Ellsworth, Eskridge, At this time, the Speaker recognized Ms. Chew to open Gibbs(Wheeler), Guthrie, Hagedorn, Hart, Hartgen, Henderson, debate. Higgins, Jaquet, Killen, King, Lacey, Loertscher, Luker, The question being, "Shall H 4 pass?" Marriott, McGeachin, McMillan, Moyle, Nesset, Nielsen, Nonini, Palmer, Patrick, Pence, Perry, Raybould, Ringo, Roberts, Roll call resulted as follows: Rusche, Schaefer, Shepherd, Shirley, Simpson, Sims, Smith(30), AYES – Anderson, Andrus, Barbieri, Barrett, Bateman, Smith(24), Stevenson, Takasugi(Batt), Thayn, Thompson, Trail, Bayer, Bedke, Bell, Bilbao, Black, Block, Bolz, Boyle, Vander Woude, Wills, Wood(27), Mr. Speaker. Total – 67. Buckner-Webb, Burgoyne, Chadderdon(Chadderdon), Chew, NAYS – None. Collins, Crane, Cronin, DeMordaunt, Ellsworth, Eskridge, Absent and excused – Harwood, Lake, Wood(35). Total – 3. Gibbs(Wheeler), Guthrie, Hagedorn, Hart, Hartgen, Henderson, Total – 70. Higgins, Jaquet, Killen, King, Lacey, Loertscher, Luker, Marriott, Whereupon the Speaker declared that H 145, as McGeachin, McMillan, Nesset, Nielsen, Nonini, Palmer, Patrick, amended, passed the House. Title was approved and the bill Pence, Perry, Raybould, Ringo, Rusche, Schaefer, Shepherd, ordered transmitted to the Senate. Shirley, Simpson, Sims, Smith(30), Smith(24), Stevenson, Takasugi(Batt), Thayn, Thompson, Trail, Vander Woude, Wills, H 104, as amended, was read the third time at length, section Wood(27), Mr. Speaker. Total – 65. by section, and placed before the House for final consideration. NAYS – Moyle. Total – 1. Absent and excused – Harwood, Lake, Roberts, Wood(35). At this time, the Speaker recognized Mr. DeMordaunt to Total – 4. open debate. Total – 70. The question being, "Shall H 104, as amended, pass?" Whereupon the Speaker declared that H 4 passed the House. Title was approved and the bill ordered transmitted to the Senate. Roll call resulted as follows: AYES – Anderson, Andrus, Barbieri, Barrett, Bateman, H 182 was read the third time at length, section by section, Bayer, Bedke, Bell, Bilbao, Black, Block, Bolz, Boyle, and placed before the House for final consideration. Chadderdon(Chadderdon), Chew, Collins, Crane, DeMordaunt, Ellsworth, Eskridge, Gibbs(Wheeler), Guthrie, Hagedorn, At this time, the Speaker recognized Ms. Chew to open Hart, Hartgen, Harwood, Henderson, Lake, Loertscher, Luker, debate. Marriott, McGeachin, McMillan, Moyle, Nesset, Nielsen, Nonini, Palmer, Patrick, Perry, Raybould, Roberts, Schaefer, Shepherd, The question being, "Shall H 182 pass?" Shirley, Simpson, Sims, Stevenson, Takasugi(Batt), Thayn, Thompson, Vander Woude, Wills, Wood(27), Mr. Speaker. Roll call resulted as follows: Total – 55. AYES – Anderson, Andrus, Barbieri, Barrett, Bateman, NAYS – Buckner-Webb, Burgoyne, Cronin, Higgins, Bayer, Bedke, Bell, Bilbao, Black, Block, Bolz, Boyle, Jaquet, Killen, King, Lacey, Pence, Ringo, Rusche, Smith(30), Buckner-Webb, Burgoyne, Chadderdon(Chadderdon), Chew, Smith(24), Trail. Total – 14. Collins, Crane, Cronin, DeMordaunt, Ellsworth, Eskridge, Absent and excused – Wood(35). Total – 1. Gibbs(Wheeler), Guthrie, Hagedorn, Hart, Hartgen, Henderson, Paired Votes: Higgins, Jaquet, Killen, King, Lacey, Loertscher, Luker, AYE – Harwood NAY – Rusche Marriott, McGeachin, McMillan, Moyle, Nesset, Nielsen, Nonini, Palmer, Patrick, Pence, Perry, Raybould, Ringo, (Pairs enumerated in roll call above.) Rusche, Schaefer, Shepherd, Shirley, Simpson, Sims, Smith(30), Total – 70. Smith(24), Stevenson, Takasugi(Batt), Thayn, Thompson, Trail, Whereupon the Speaker declared that H 104, as Vander Woude, Wills, Wood(27), Mr. Speaker. Total – 66. amended, passed the House. Title was approved and the bill NAYS – None. ordered transmitted to the Senate. Absent and excused – Harwood, Lake, Roberts, Wood(35). Total – 4. H 137, as amended, was read the third time at length, section Total – 70. by section, and placed before the House for final consideration. [March 4, 2011 HOUSE JOURNAL 163

At this time, the Speaker recognized Mr. Hagedorn to open DeMordaunt, Ellsworth, Eskridge, Gibbs(Wheeler), Guthrie, debate. Hagedorn, Hartgen, Henderson, Higgins, Jaquet, Killen, King, Lacey, Lake, Loertscher, Luker, Marriott, McGeachin, McMillan, The question being, "Shall H 137, as amended, pass?" Moyle, Nesset, Nielsen, Nonini, Palmer, Patrick, Pence, Perry, Raybould, Ringo, Roberts, Rusche, Schaefer, Shepherd, Roll call resulted as follows: Smith(24), Stevenson, Takasugi(Batt), Thayn, Thompson, Trail, AYES – Anderson, Andrus, Barbieri, Barrett, Bateman, Vander Woude, Wills, Wood(27), Mr. Speaker. Total – 61. Bayer, Bedke, Bell, Bilbao, Black, Block, Bolz, Boyle, NAYS – Barbieri, Barrett, Hart, Sims. Total – 4. Chadderdon(Chadderdon), Collins, Crane, DeMordaunt, Absent and excused – Harwood, Shirley, Simpson, Ellsworth, Eskridge, Gibbs(Wheeler), Guthrie, Hagedorn, Hart, Smith(30), Wood(35). Total – 5. Hartgen, Henderson, Higgins, Lacey, Lake, Loertscher, Luker, Total – 70. Marriott, McGeachin, McMillan, Moyle, Nesset, Nielsen, Nonini, Palmer, Patrick, Pence, Perry, Raybould, Roberts, Whereupon the Speaker declared that H 108 passed the Schaefer, Shepherd, Shirley, Sims, Smith(24), Stevenson, House. Title was approved and the bill ordered transmitted to Takasugi(Batt), Thayn, Thompson, Vander Woude, Wills, the Senate. Wood(27), Mr. Speaker. Total – 56. NAYS – Buckner-Webb, Burgoyne, Chew, Cronin, Jaquet, HCR 5 was read the third time at length and placed before Killen, King, Ringo, Rusche, Smith(30), Trail. Total – 11. the House for final consideration. Absent and excused – Harwood, Simpson, Wood(35). Total – 3. At this time, the Speaker recognized Ms. Jaquet and Paired Votes: Ms. Block to open debate. AYE – Roberts NAY – Smith(30) The question being, "Shall HCR 5 be adopted?" (Pairs enumerated in roll call above.) Total – 70. Roll call resulted as follows: Whereupon the Speaker declared that H 137, as AYES – Anderson, Andrus, Barbieri, Barrett, Bateman, amended, passed the House. Title was approved and the bill Bayer, Bedke, Bell, Bilbao, Black, Block, Bolz, Boyle, ordered transmitted to the Senate. Buckner-Webb, Burgoyne, Chadderdon(Chadderdon), Chew, Collins, Crane, Cronin, DeMordaunt, Ellsworth, Eskridge, H 150, as amended, was read the third time at length, section Gibbs(Wheeler), Guthrie, Hagedorn, Hart, Hartgen, Henderson, by section, and placed before the House for final consideration. Higgins, Jaquet, Killen, King, Lacey, Lake, Loertscher, Luker, Marriott, McGeachin, McMillan, Moyle, Nesset, Nielsen, At this time, the Speaker recognized Mr. Stevenson to open Nonini, Palmer, Patrick, Pence, Perry, Raybould, Ringo, Roberts, debate. Rusche, Schaefer, Shepherd, Sims, Smith(24), Stevenson, The question being, "Shall H 150, as amended, pass?" Takasugi(Batt), Thayn, Thompson, Trail, Vander Woude, Wills, Wood(27), Mr. Speaker. Total – 65. Roll call resulted as follows: NAYS – None. AYES – Anderson, Andrus, Barbieri, Barrett, Bateman, Absent and excused – Harwood, Shirley, Simpson, Bayer, Bedke, Bell, Bilbao, Black, Block, Bolz, Boyle, Smith(30), Wood(35). Total – 5. Buckner-Webb, Burgoyne, Chadderdon(Chadderdon), Total – 70. Chew, Collins, Crane, DeMordaunt, Ellsworth, Eskridge, Whereupon the Speaker declared HCR 5 adopted and Gibbs(Wheeler), Guthrie, Hagedorn, Hart, Hartgen, Henderson, ordered the resolution transmitted to the Senate. Higgins, Jaquet, Killen, King, Lacey, Lake, Loertscher, Luker, Marriott, McGeachin, McMillan, Moyle, Nesset, Nielsen, S 1044, as amended, was read the third time at length, section Nonini, Palmer, Patrick, Pence, Perry, Raybould, Ringo, Roberts, by section, and placed before the House for final consideration. Rusche, Schaefer, Shepherd, Sims, Smith(24), Stevenson, Takasugi(Batt), Thayn, Thompson, Trail, Vander Woude, Wills, At this time, the Speaker recognized Mr. Smith(24) to open Wood(27), Mr. Speaker. Total – 64. debate. NAYS – Cronin. Total – 1. Absent and excused – Harwood, Shirley, Simpson, The question being, "Shall S 1044, as amended, pass?" Smith(30), Wood(35). Total – 5. Total – 70. Roll call resulted as follows: AYES – Anderson, Andrus, Barbieri, Barrett, Bateman, Whereupon the Speaker declared that H 150, as Bayer, Bedke, Bell, Bilbao, Black, Block, Bolz, Boyle, amended, passed the House. Title was approved and the bill Buckner-Webb, Burgoyne, Chadderdon(Chadderdon), Chew, ordered transmitted to the Senate. Collins, Crane, Cronin, DeMordaunt, Ellsworth, Eskridge, Gibbs(Wheeler), Guthrie, Hagedorn, Hart, Hartgen, Henderson, H 108 was read the third time at length, section by section, Higgins, Jaquet, Killen, King, Lacey, Lake, Loertscher, Luker, and placed before the House for final consideration. Marriott, McGeachin, McMillan, Moyle, Nesset, Nielsen, Nonini, At this time, the Speaker recognized Mr. Lake to open debate. Palmer, Patrick, Pence, Perry, Ringo, Roberts, Rusche, Schaefer, Shepherd, Sims, Smith(24), Stevenson, Takasugi(Batt), Thayn, The question being, "Shall H 108 pass?" Thompson, Trail, Vander Woude, Wills, Wood(27), Mr. Speaker. Total – 64. Roll call resulted as follows: NAYS – None. AYES – Anderson, Andrus, Bateman, Bayer, Bedke, Bell, Absent and excused – Harwood, Raybould, Shirley, Bilbao, Black, Block, Bolz, Boyle, Buckner-Webb, Burgoyne, Simpson, Smith(30), Wood(35). Total – 6. Chadderdon(Chadderdon), Chew, Collins, Crane, Cronin, Total – 70. 164 HOUSE JOURNAL March 4, 2011]

Whereupon the Speaker declared that S 1044, as H 115 was read the third time at length, section by section, amended, passed the House. Title was approved and the bill and placed before the House for final consideration. ordered returned to the Senate. At this time, the Speaker recognized Ms. Pence to open S 1057, as amended, was read the third time at length, section debate. by section, and placed before the House for final consideration. The question being, "Shall H 115 pass?" At this time, the Speaker recognized Mr. Crane to open debate. Roll call resulted as follows: AYES – Anderson, Bayer, Bell, Black, Bolz, Buckner-Webb, The question being, "Shall S 1057, as amended, pass?" Burgoyne, Chadderdon(Chadderdon), Chew, Collins, Cronin, Gibbs(Wheeler), Guthrie, Henderson, Higgins, Jaquet, Killen, Roll call resulted as follows: King, Lacey, Lake, Loertscher, Luker, McGeachin, Nesset, AYES – Anderson, Andrus, Barbieri, Barrett, Bateman, Patrick, Pence, Perry, Ringo, Roberts, Rusche, Smith(24), Bayer, Bedke, Bell, Bilbao, Black, Block, Bolz, Boyle, Stevenson, Trail, Vander Woude, Wills. Total – 35. Buckner-Webb, Burgoyne, Chadderdon(Chadderdon), Chew, NAYS – Andrus, Barbieri, Barrett, Bateman, Bedke, Collins, Crane, Cronin, DeMordaunt, Ellsworth, Eskridge, Bilbao, Block, Boyle, Crane, DeMordaunt, Ellsworth, Eskridge, Gibbs(Wheeler), Guthrie, Hagedorn, Hart, Hartgen, Henderson, Hagedorn, Hart, Hartgen, Marriott, McMillan, Moyle, Nielsen, Higgins, Jaquet, Killen, King, Lacey, Lake, Loertscher, Luker, Nonini, Palmer, Raybould, Schaefer, Shepherd, Simpson, Sims, Marriott, McGeachin, McMillan, Moyle, Nesset, Nielsen, Takasugi(Batt), Thayn, Thompson, Wood(27), Mr. Speaker. Nonini, Palmer, Patrick, Pence, Perry, Raybould, Ringo, Roberts, Total – 31. Rusche, Schaefer, Shepherd, Sims, Smith(24), Stevenson, Absent and excused – Harwood, Shirley, Smith(30), Takasugi(Batt), Thayn, Thompson, Trail, Vander Woude, Wills, Wood(35). Total – 4. Wood(27), Mr. Speaker. Total – 65. Total – 70. NAYS – None. Absent and excused – Harwood, Shirley, Simpson, Whereupon the Speaker declared that H 115 passed the Smith(30), Wood(35). Total – 5. House. Title was approved and the bill ordered transmitted to Total – 70. the Senate. Whereupon the Speaker declared that S 1057, as H 151 was read the third time at length, section by section, amended, passed the House. Title was approved and the bill and placed before the House for final consideration. ordered returned to the Senate. At this time, the Speaker recognized Mr. Bolz to open debate. HCR 18 was read the third time at length and placed before the House for final consideration. Mr. Bolz asked unanimous consent, pursuant to Rule 46, that H 151 be corrected as follows: At this time, the Speaker recognized Mr. Nielsen to open Page 2, line 15, change "members of the commission, at debate. meeting" to "members of the commission, at a meeting" The question being, "Shall HCR 18 be adopted?" There being no objection, it was so ordered. Whereupon the Speaker declared HCR 18 adopted by voice vote and ordered the resolution transmitted to the Senate. The question being, "Shall H 151, as corrected, pass?" H 203 was read the third time at length, section by section, Roll call resulted as follows: and placed before the House for final consideration. AYES – Anderson, Andrus, Barbieri, Barrett, Bateman, Bayer, Bedke, Bell, Bilbao, Black, Block, Bolz, Boyle, At this time, the Speaker recognized Mr. Bolz to open debate. Buckner-Webb, Burgoyne, Chadderdon(Chadderdon), Chew, The question being, "Shall H 203 pass?" Collins, Crane, Cronin, DeMordaunt, Ellsworth, Eskridge, Gibbs(Wheeler), Guthrie, Hagedorn, Hart, Hartgen, Henderson, Roll call resulted as follows: Higgins, Jaquet, Killen, King, Lacey, Lake, Luker, Marriott, AYES – Anderson, Andrus, Barbieri, Barrett, Bateman, McGeachin, McMillan, Moyle, Nesset, Nielsen, Nonini, Palmer, Bayer, Bedke, Bell, Bilbao, Black, Block, Bolz, Boyle, Patrick, Pence, Perry, Raybould, Ringo, Roberts, Rusche, Buckner-Webb, Burgoyne, Chadderdon(Chadderdon), Chew, Schaefer, Shepherd, Simpson, Sims, Smith(24), Stevenson, Collins, Crane, Cronin, DeMordaunt, Ellsworth, Eskridge, Takasugi(Batt), Thayn, Thompson, Trail, Vander Woude, Wills, Gibbs(Wheeler), Guthrie, Hagedorn, Hart, Hartgen, Henderson, Wood(27), Mr. Speaker. Total – 65. Higgins, Jaquet, Killen, King, Lacey, Lake, Loertscher, Luker, NAYS – None. Marriott, McGeachin, McMillan, Moyle, Nesset, Nielsen, Nonini, Absent and excused – Harwood, Loertscher, Shirley, Palmer, Patrick, Pence, Perry, Raybould, Ringo, Roberts, Rusche, Smith(30), Wood(35). Total – 5. Schaefer, Shepherd, Simpson, Sims, Smith(24), Stevenson, Total – 70. Takasugi(Batt), Thayn, Thompson, Trail, Vander Woude, Wills, Whereupon the Speaker declared that H 151, as corrected, Wood(27), Mr. Speaker. Total – 66. passed the House. Title was approved and the bill ordered NAYS – None. transmitted to the Senate. Absent and excused – Harwood, Shirley, Smith(30), Wood(35). Total – 4. Mr. Moyle asked unanimous consent that SJM 101, HCR 15, Total – 70. and S 1063 be placed at the top of the Third Reading Calendar. There being no objection, it was so ordered. Whereupon the Speaker declared that H 203 passed the House. Title was approved and the bill ordered transmitted to SJM 101 was read the third time at length and placed before the Senate. the House for final consideration. [March 4, 2011 HOUSE JOURNAL 165

At this time, the Speaker recognized Mr. Eskridge to open Adjournment debate. Mr. Moyle moved that the House adjourn until 10:30 a.m., The question being, "Shall SJM 101 be adopted?" Monday, March 7, 2011. Seconded by Mr. Rusche. Motion carried. Whereupon the Speaker declared SJM 101 adopted by voice vote and ordered the memorial returned to the Senate. Whereupon the Speaker declared the House adjourned at 11:47 a.m. HCR 15 was read the third time at length and placed before LAWERENCE DENNEY, Speaker the House for final consideration. At this time, the Speaker recognized Ms. Ellsworth to open ATTEST: debate. BONNIE ALEXANDER, Chief Clerk The question being, "Shall HCR 15 be adopted?"

Roll call resulted as follows: AYES – Anderson, Barrett, Bateman, Bedke, Bell, Bilbao, Black, Block, Bolz, Buckner-Webb, Burgoyne, Chadderdon(Chadderdon), Chew, Collins, Cronin, Ellsworth, Eskridge, Gibbs(Wheeler), Guthrie, Hagedorn, Henderson, Higgins, Jaquet, Killen, King, Lacey, Lake, Luker, Marriott, McGeachin, McMillan, Nesset, Patrick, Pence, Perry, Raybould, Ringo, Rusche, Schaefer, Simpson, Smith(24), Stevenson, Takasugi(Batt), Thompson, Trail, Vander Woude, Wills, Wood(27), Mr. Speaker. Total – 49. NAYS – Andrus, Barbieri, Bayer, Boyle, Crane, DeMordaunt, Hart, Hartgen, Loertscher, Moyle, Nielsen, Nonini, Palmer, Roberts, Shepherd, Sims, Thayn. Total – 17. Absent and excused – Harwood, Shirley, Smith(30), Wood(35). Total – 4. Total – 70. Whereupon the Speaker declared that S 1063 passed the House. Title was approved and the bill ordered returned to the Senate. Mr. Moyle asked unanimous consent that the remaining bills on the Third Reading Calendar retain their places until Monday, March 7, 2011. There being no objection, it was so ordered. There being no objection, the House advanced to the Sixteenth Order of Business. 166 HOUSE JOURNAL March 7, 2011]

HOUSE JOURNAL March 4, 2011 Mr. Speaker: OF THE I return herewith H 119, H 139, H 79, H 78, HJM 2, HCR 12, HCR 13, HCR 14, and HCR 10 which have passed the Senate. IDAHO LEGISLATURE WOOD, Secretary FIRST REGULAR SESSION H 119, H 139, H 79, H 78, HJM 2, HCR 12, HCR 13, SIXTY-FIRST LEGISLATURE HCR 14, and HCR 10 were referred to the Judiciary, Rules, and Administration Committee for enrolling. Report of Standing Committees March 7, 2011 FIFTY-SEVENTH LEGISLATIVE DAY Mr. Speaker: MONDAY, MARCH 7, 2011 We, your COMMITTEE ON JUDICIARY, RULES, AND ADMINISTRATION, report that we have printed HCR 21, HCR 22, H 228, H 229, H 230, H 231, and H 232. House of Representatives WILLS, Chairman The House convened at 10:30 a.m., the Speaker in the Chair. HCR 21 and H 229 were referred to the Commerce and Roll call showed 67 members present. Human Resources Committee. Absent and excused – Bedke, Thompson, Wood(35). Total – 3. HCR 22 was referred to the Health and Welfare Committee. Total – 70. H 228 was referred to the Transportation and Defense Prayer was offered by Chaplain Tom Dougherty. Committee. The Pledge of Allegiance was led by Elizabeth Harris, Page. H 230 was referred to the State Affairs Committee. H 231 was referred to the Resources and Conservation Approval of Journal Committee. H 232 was ordered held at the Desk. March 7, 2011 March 7, 2011 Mr. Speaker: Mr. Speaker: We, your COMMITTEE ON JUDICIARY, RULES, AND We, your COMMITTEE ON JUDICIARY, RULES, AND ADMINISTRATION, report that we have read and approved ADMINISTRATION, report that we have enrolled H 144, H 52, the House Journal of the Fifty-fourth Legislative Day and H 53, H 54, H 56, H 155, H 38, H 40, H 100, and H 101. recommend that same be adopted as corrected. WILLS, Chairman WILLS, Chairman The Speaker announced he was about to sign enrolled Mr. Wills moved that the report be adopted. Seconded by H 144, H 52, H 53, H 54, H 56, H 155, H 38, H 40, H 100, Mr. Burgoyne. Report adopted. and H 101 and, when so signed, ordered them transmitted to the Senate for the signature of the President. Consideration of Messages from the Governor and the Senate March 4, 2011 Mr. Speaker: We, your COMMITTEE ON JUDICIARY, RULES, AND March 4, 2011 ADMINISTRATION, report that we have transmitted enrolled Mr. Speaker: H 93 to the Governor at 1:30 p.m., as of this date, March 4, 2011. I transmit herewith enrolled S 1079 for the signature of the WILLS, Chairman Speaker. WOOD, Secretary March 4, 2011 Mr. Speaker: The Speaker announced he was about to sign enrolled We, your COMMITTEE ON JUDICIARY, RULES, S 1079 and, when so signed, ordered it returned to the Senate. AND ADMINISTRATION, report that we have had under consideration H 209 and S 1122 and recommend that they do pass. March 4, 2011 WILLS, Chairman Mr. Speaker: I transmit herewith S 1075, as amended, S 1071, as amended, H 209 and S 1122 were filed for second reading. S 1021, as amended, S 1127, S 1100, S 1101, and SCR 108 which have passed the Senate. March 4, 2011 WOOD, Secretary Mr. Speaker: We, your COMMITTEE ON HEALTH AND WELFARE, S 1075, as amended, S 1071, as amended, S 1021, as report that we have had under consideration S 1081, S 1082, and amended, S 1127, S 1100, S 1101, and SCR 108 were filed for S 1083 and recommend that they do pass. first reading. MCGEACHIN, Chairman [March 7, 2011 HOUSE JOURNAL 167

S 1081, S 1082, and S 1083 were filed for second reading. HOUSE BILL NO. 235 BY STATE AFFAIRS COMMITTEE March 7, 2011 AN ACT Mr. Speaker: RELATING TO THE IDAHO CRIMINAL GANG We, your COMMITTEE ON STATE AFFAIRS, report that ENFORCEMENT ACT; AMENDING SECTION 18-8502, we have had under consideration SJM 102 and recommend that IDAHO CODE, TO FURTHER DEFINE A TERM, TO it do pass. REVISE DEFINITIONS AND TO MAKE A TECHNICAL LOERTSCHER, Chairman CORRECTION; AND AMENDING SECTION 18-8503, SJM 102 was filed for second reading. IDAHO CODE, TO INCREASE CERTAIN PUNISHMENTS. March 7, 2011 HOUSE BILL NO. 236 Mr. Speaker: BY REVENUE AND TAXATION COMMITTEE We, your COMMITTEE ON REVENUE AND TAXATION, AN ACT report that we have had under consideration H 217 and RELATING TO COOPERATIVE SERVICE AGENCIES; recommend that it do pass. AMENDING SECTION 33-317A, IDAHO CODE, TO LAKE, Chairman REVISE PROVISIONS RELATING TO WHEN THE PHYSICAL CONSTRUCTION OF CERTAIN FACILITIES H 217 was filed for second reading. MAY COMMENCE. March 7, 2011 Mr. Speaker: H 233, H 234, H 235, and H 236 were introduced, read We, your COMMITTEE ON ENVIRONMENT, ENERGY, the first time by title, and referred to the Judiciary, Rules, and AND TECHNOLOGY, request that HCR 19 be returned to the Administration Committee for printing. Desk for re-referral. S 1075, as amended, and S 1071, as amended, by State RAYBOULD, Chairman Affairs Committee, were introduced, read the first time by title, HCR 19 was filed for second reading. and referred to the State Affairs Committee. There being no objection, the House advanced to the Seventh S 1021, as amended, and S 1100, by Health and Welfare Order of Business. Committee, were introduced, read the first time by title, and referred to the Health and Welfare Committee. Motions, Memorials, and Resolutions S 1127, by State Affairs Committee, was introduced, read the first time by title, and referred to the Business Committee. SCR 108, by State Affairs Committee, was introduced, read the first time by title, and referred to the State Affairs Committee. S 1101, by Health and Welfare Committee, was introduced, read the first time by title, and referred to the Commerce and Human Resources Committee. Introduction, First Reading, and Reference of Bills and Joint Resolutions There being no objection, the House advanced to the Tenth Order of Business.

HOUSE BILL NO. 233 Second Reading of Bills and Joint Resolutions BY STATE AFFAIRS COMMITTEE AN ACT S 1017 and S 1020, by Commerce and Human Resources RELATING TO DUTIES OF THE STATE CONTROLLER; Committee, were read the second time by title and filed for third AMENDING SECTION 9-340C, IDAHO CODE, TO ALLOW reading. THE RELEASE OF INFORMATION TO THE STATE H 179, by Revenue and Taxation Committee, was read the CONTROLLER AS THE STATE SOCIAL SECURITY second time by title and filed for third reading. ADMINISTRATOR AND TO MAKE TECHNICAL CORRECTIONS; AMENDING SECTION 9-348, IDAHO H 195, by State Affairs Committee, was read the second time CODE, TO ALLOW THE RELEASE OF INFORMATION by title and filed for third reading. TO THE STATE CONTROLLER AS THE STATE SOCIAL SECURITY ADMINISTRATOR AND TO MAKE A Third Reading of Bills and Joint Resolutions TECHNICAL CORRECTION; AMENDING CHAPTER 11, TITLE 59, IDAHO CODE, BY THE ADDITION OF A NEW H 187 was read the third time at length, section by section, SECTION 59-1101A, IDAHO CODE, TO ALLOW THE and placed before the House for final consideration. STATE CONTROLLER AS THE STATE SOCIAL SECURITY At this time, the Speaker recognized Ms. Ellsworth to open ADMINISTRATOR TO ACCESS CERTAIN RECORDS AND debate. TO DEFINE A TERM; AND DECLARING AN EMERGENCY. Mr. Rusche moved that H 187 be placed on General Orders HOUSE BILL NO. 234 for consideration. Seconded by Ms. Jaquet. BY STATE AFFAIRS COMMITTEE AN ACT The question being, "Shall the motion carry?" RELATING TO THE SEXUAL OFFENDER REGISTRATION ACT; AMENDING SECTION 18-8329, Roll call resulted as follows: IDAHO CODE, TO REVISE PROVISIONS RELATING TO AYES – Anderson, Buckner-Webb, Burgoyne, Chew, REGISTERED SEXUAL OFFENDERS AND ACCESS TO Cronin, Higgins, Jaquet, Killen, King, Lacey, Nesset, Pence, SCHOOLS. Ringo, Rusche, Smith(30), Smith(24), Trail. Total – 17. 168 HOUSE JOURNAL March 7, 2011]

NAYS – Andrus, Barbieri, Barrett, Bateman, Bayer, Bell, (Pairs enumerated in roll call above.) Bilbao, Black, Block, Bolz, Boyle, Chadderdon(Chadderdon), Total – 70. Collins, Crane, DeMordaunt, Ellsworth, Eskridge, Gibbs(Wheeler), Guthrie, Hagedorn, Hart, Hartgen, Harwood, Whereupon the Speaker declared that H 197 passed the Henderson, Lake, Loertscher, Luker, Marriott, McGeachin, House. Title was approved and the bill ordered transmitted to McMillan, Moyle, Nielsen, Nonini, Palmer, Patrick, Perry, the Senate. Raybould, Roberts, Schaefer, Shepherd, Simpson, Sims, Mr. Moyle asked unanimous consent that S 1077 be placed Stevenson, Takasugi(Batt), Thayn, Vander Woude, Wills, at the bottom of the Third Reading Calendar. There being no Wood(27), Mr. Speaker. Total – 49. objection, it was so ordered. Absent and excused – Bedke, Shirley, Thompson, Wood(35). Total – 4. S 1097 was read the third time at length, section by section, Total – 70. and placed before the House for final consideration. Whereupon the Speaker declared the motion failed. At this time, the Speaker recognized Mr. Burgoyne to open The question being, "Shall H 187 pass?" debate. Roll call resulted as follows: The question being, "Shall S 1097 pass?" AYES – Andrus, Barbieri, Barrett, Bateman, Bayer, Bedke, Bell, Bilbao, Black, Block, Bolz, Boyle, Roll call resulted as follows: Chadderdon(Chadderdon), Collins, Crane, DeMordaunt, AYES – Anderson, Bateman, Bell, Bilbao, Black, Block, Ellsworth, Gibbs(Wheeler), Guthrie, Hagedorn, Hart, Hartgen, Bolz, Buckner-Webb, Burgoyne, Chew, Collins, Cronin, Harwood, Henderson, Lake, Loertscher, Luker, Marriott, Ellsworth, Eskridge, Gibbs(Wheeler), Guthrie, Hagedorn, McGeachin, McMillan, Moyle, Nesset, Nielsen, Nonini, Henderson, Higgins, Jaquet, Killen, King, Lacey, Lake, Palmer, Patrick, Perry, Raybould, Roberts, Schaefer, Shepherd, Loertscher, Luker, McGeachin, McMillan, Nesset, Patrick, Shirley, Simpson, Sims, Stevenson, Takasugi(Batt), Thayn, Pence, Perry, Raybould, Ringo, Roberts, Rusche, Simpson, Vander Woude, Wills, Wood(27), Mr. Speaker. Total – 51. Smith(30), Stevenson, Takasugi(Batt), Trail, Vander Woude, NAYS – Anderson, Buckner-Webb, Burgoyne, Chew, Wills, Wood(27), Mr. Speaker. Total – 45. Cronin, Eskridge, Higgins, Jaquet, Killen, King, Lacey, Pence, NAYS – Andrus, Barbieri, Barrett, Bayer, Boyle, Ringo, Rusche, Smith(30), Smith(24), Trail. Total – 17. Chadderdon(Chadderdon), Crane, DeMordaunt, Hart, Hartgen, Absent and excused – Thompson, Wood(35). Total – 2. Harwood, Marriott, Moyle, Nielsen, Nonini, Palmer, Schaefer, Paired Votes: Shepherd, Sims, Smith(24), Thayn. Total – 21. AYE – Bedke NAY – Killen Absent and excused – Bedke, Shirley, Thompson, Wood(35). AYE – Shirley NAY – Jaquet Total – 4. (Pairs enumerated in roll call above.) Total – 70. Total – 70. Whereupon the Speaker declared that S 1097 passed the Whereupon the Speaker declared that H 187 passed the House. Title was approved and the bill ordered returned to the House. Title was approved and the bill ordered transmitted to Senate. the Senate. H 197 was read the third time at length, section by section, S 1117 was read the third time at length, section by section, and placed before the House for final consideration. and placed before the House for final consideration. At this time, the Speaker recognized Mr. Lake to open debate. At this time, the Speaker recognized Mr. Wills to open debate. Pursuant to Rule 38(3), Mr. Roberts disclosed a conflict of interest regarding H 197. The question being, "Shall S 1117 pass?" The question being, "Shall H 197 pass?" Roll call resulted as follows: AYES – Anderson, Andrus, Barbieri, Barrett, Bateman, Roll call resulted as follows: Bayer, Bell, Bilbao, Black, Block, Bolz, Boyle, Buckner-Webb, AYES – Anderson, Andrus, Barbieri, Barrett, Bateman, Burgoyne, Chadderdon(Chadderdon), Chew, Collins, Crane, Bayer, Bedke, Bell, Bilbao, Black, Block, Bolz, Boyle, Cronin, DeMordaunt, Ellsworth, Eskridge, Gibbs(Wheeler), Chadderdon(Chadderdon), Collins, Crane, DeMordaunt, Guthrie, Hagedorn, Hart, Hartgen, Harwood, Henderson, Ellsworth, Eskridge, Gibbs(Wheeler), Guthrie, Hagedorn, Higgins, Jaquet, Killen, King, Lacey, Lake, Loertscher, Luker, Hart, Hartgen, Harwood, Henderson, Lake, Loertscher, Luker, Marriott, McGeachin, McMillan, Moyle, Nesset, Nielsen, Nonini, Marriott, McGeachin, McMillan, Moyle, Nesset, Nielsen, Nonini, Palmer, Patrick, Pence, Perry, Raybould, Ringo, Roberts, Rusche, Palmer, Patrick, Perry, Raybould, Roberts, Schaefer, Shepherd, Schaefer, Shepherd, Simpson, Sims, Smith(30), Smith(24), Simpson, Sims, Smith(24), Stevenson, Takasugi(Batt), Thayn, Stevenson, Takasugi(Batt), Thayn, Trail, Vander Woude, Wills, Vander Woude, Wills, Wood(27), Mr. Speaker. Total – 53. Wood(27), Mr. Speaker. Total – 66. NAYS – Buckner-Webb, Burgoyne, Chew, Cronin, Higgins, NAYS – None. Jaquet, Killen, King, Lacey, Pence, Ringo, Rusche, Smith(30), Absent and excused – Bedke, Shirley, Thompson, Wood(35). Trail. Total – 14. Total – 4. Absent and excused – Shirley, Thompson, Wood(35). Total – 70. Total – 3. Paired Votes: Whereupon the Speaker declared that S 1117 passed the House. Title was approved and the bill ordered returned to the AYE – Bedke NAY – Cronin Senate. [March 7, 2011 HOUSE JOURNAL 169

H 183 was read the third time at length, section by section, Whereupon the Speaker declared the House adjourned at and placed before the House for final consideration. 12:14 p.m. LAWERENCE DENNEY, Speaker At this time, the Speaker recognized Mr. Bilbao to open debate. ATTEST: BONNIE ALEXANDER, Chief Clerk The question being, "Shall H 183 pass?"

Roll call resulted as follows: AYES – Anderson, Andrus, Barbieri, Barrett, Bateman, Bayer, Bell, Bilbao, Black, Block, Bolz, Boyle, Buckner-Webb, Burgoyne, Chadderdon(Chadderdon), Chew, Collins, Crane, Cronin, DeMordaunt, Ellsworth, Eskridge, Gibbs(Wheeler), Guthrie, Hagedorn, Hart, Hartgen, Harwood, Henderson, Higgins, Jaquet, Killen, King, Lacey, Lake, Loertscher, Luker, Marriott, McGeachin, McMillan, Moyle, Nesset, Nonini, Palmer, Patrick, Pence, Perry, Raybould, Ringo, Roberts, Rusche, Schaefer, Shepherd, Simpson, Sims, Smith(30), Smith(24), Stevenson, Takasugi(Batt), Thayn, Trail, Vander Woude, Wills, Wood(27), Mr. Speaker. Total – 65. NAYS – Nielsen. Total – 1. Absent and excused – Bedke, Shirley, Thompson, Wood(35). Total – 4. Total – 70. Whereupon the Speaker declared that H 183 passed the House. Title was approved and the bill ordered transmitted to the Senate. H 194 was read the third time at length, section by section, and placed before the House for final consideration. At this time, the Speaker recognized Mr. Rusche to open debate. The question being, "Shall H 194 pass?"

Roll call resulted as follows: AYES – Anderson, Andrus, Barbieri, Bateman, Bayer, Bell, Bilbao, Black, Block, Bolz, Buckner-Webb, Burgoyne, Chew, Collins, Crane, Cronin, DeMordaunt, Ellsworth, Eskridge, Gibbs(Wheeler), Guthrie, Hart, Harwood, Henderson, Higgins, Jaquet, Killen, King, Lacey, Lake, McGeachin, Moyle, Nesset, Nielsen, Nonini, Palmer, Patrick, Pence, Perry, Ringo, Rusche, Schaefer, Simpson, Smith(30), Smith(24), Stevenson, Takasugi(Batt), Trail, Wills, Wood(27). Total – 50. NAYS – Barrett, Boyle, Chadderdon(Chadderdon), Hagedorn, Hartgen, Loertscher, Luker, Marriott, McMillan, Raybould, Roberts, Shepherd, Sims, Thayn, Vander Woude, Mr. Speaker. Total – 16. Absent and excused – Bedke, Shirley, Thompson, Wood(35). Total – 4. Total – 70. Whereupon the Speaker declared that H 194 passed the House. Title was approved and the bill ordered transmitted to the Senate. Mr. Moyle asked unanimous consent that the remaining bills on the Third Reading Calendar retain their places for one legislative day. There being no objection, it was so ordered. There being no objection, the House advanced to the Sixteenth Order of Business. Adjournment Mr. Moyle moved that the House adjourn until 9 a.m., Tuesday, March 8, 2011. Seconded by Mr. Rusche. Motion carried. 170 HOUSE JOURNAL March 8, 2011]

HOUSE JOURNAL March 7, 2011 Mr. Speaker: OF THE I transmit herewith S 1080, as amended, S 1123, as amended, and S 1088, as amended, which have passed the Senate. IDAHO LEGISLATURE WOOD, Secretary S 1080, as amended, S 1123, as amended, and S 1088, as FIRST REGULAR SESSION amended, were filed for first reading. SIXTY-FIRST LEGISLATURE Report of Standing Committees March 8, 2011 Mr. Speaker: FIFTY-EIGHTH LEGISLATIVE DAY We, your COMMITTEE ON JUDICIARY, RULES, AND TUESDAY, MARCH 8, 2011 ADMINISTRATION, report that we have printed H 233, H 234, H 235, and H 236. WILLS, Chairman House of Representatives The House convened at 9 a.m., the Speaker in the Chair. H 233 was referred to the State Affairs Committee. Roll call showed 68 members present. H 234 and H 235 were referred to the Judiciary, Rules, and Absent and excused – Bedke, Trail. Total – 2. Administration Committee. Total – 70. H 236 was referred to the Revenue and Taxation Committee. Prayer was offered by Chaplain Tom Dougherty. H 232, held at the Desk March 7, 2011, was referred to the The Pledge of Allegiance was led by Emily Thiel, Page. Transportation and Defense Committee.

Approval of Journal March 8, 2011 Mr. Speaker: We, your COMMITTEE ON JUDICIARY, RULES, AND March 8, 2011 ADMINISTRATION, report that we have enrolled H 119, H 139, Mr. Speaker: H 79, H 78, HJM 2, HCR 12, HCR 13, HCR 14, and HCR 10. We, your COMMITTEE ON JUDICIARY, RULES, AND WILLS, Chairman ADMINISTRATION, report that we have read and approved the House Journal of the Fifty-seventh Legislative Day and The Speaker announced he was about to sign enrolled H 119, recommend that same be adopted as corrected. H 139, H 79, H 78, HJM 2, HCR 12, HCR 13, HCR 14, and WILLS, Chairman HCR 10 and, when so signed, ordered them transmitted to the Senate for the signature of the President. Mr. Wills moved that the report be adopted. Seconded by Mr. Burgoyne. Report adopted. March 7, 2011 Mr. Speaker: Consideration of Messages from the We, your COMMITTEE ON EDUCATION, report that we Governor and the Senate have had under consideration H 204, S 1066, and S 1111 and recommend that they do pass. March 7, 2011 NONINI, Chairman Mr. Speaker: I transmit herewith enrolled S 1059 for the signature of the H 204, S 1066, and S 1111 were filed for second reading. Speaker. March 7, 2011 WOOD, Secretary Mr. Speaker: The Speaker announced he was about to sign enrolled We, your COMMITTEE ON COMMERCE AND HUMAN S 1059 and, when so signed, ordered it returned to the Senate. RESOURCES, report that we have had under consideration S 1018, S 1019, and S 1074 and recommend that they do pass. March 7, 2011 BLOCK, Chairman Mr. Speaker: I return herewith enrolled HCR 8, H 17, H 43, H 44, H 87, S 1018, S 1019, and S 1074 were filed for second reading. H 20, H 21, H 76, H 105, H 41, H 112, and H 51 which have been signed by the President. March 7, 2011 WOOD, Secretary Mr. Speaker: We, your COMMITTEE ON JUDICIARY, RULES, Enrolled HCR 8 was referred to the Judiciary, Rules, and AND ADMINISTRATION, report that we have had under Administration Committee for delivery to the Secretary of State. consideration S 1096, S 1116, and S 1118 and recommend that they do pass. Enrolled H 17, H 43, H 44, H 87, H 20, H 21, H 76, H 105, WILLS, Chairman H 41, H 112, and H 51 were referred to the Judiciary, Rules, and Administration Committee for delivery to the Governor. S 1096, S 1116, and S 1118 were filed for second reading. [March 8, 2011 HOUSE JOURNAL 171

March 7, 2011 S 1122, by Judiciary and Rules Committee, was read the Mr. Speaker: second time by title and filed for third reading. We, your COMMITTEE ON BUSINESS, report that we have had under consideration H 171, H 181, and HJM 3 and S 1081, S 1082, and S 1083, by Health and Welfare recommend that they do pass. Committee, were read the second time by title and filed for third BLACK, Chairman reading. H 171, H 181, and HJM 3 were filed for second reading. SJM 102, by State Affairs Committee, was read the second time by title and filed for third reading. March 7, 2011 Mr. Speaker: H 217, by Revenue and Taxation Committee, was read the We, your COMMITTEE ON COMMERCE AND HUMAN second time by title and filed for third reading. RESOURCES, request that H 128 and H 212 be returned to the HCR 19, by State Affairs Committee, was read the second Desk for re-referral. time by title and filed for third reading. BLOCK, Chairman Third Reading of Bills and Joint Resolutions H 128 and H 212 were referred to the Health and Welfare committee. S 1108 was read the third time at length, section by section, and placed before the House for final consideration. Mr. Black asked unanimous consent that H 181 be placed on General Orders for consideration. There being no objection it was At this time, the Speaker recognized Mr. Nonini to open so ordered. debate. There being no objection, the House advanced to the Eighth The question being, "Shall S 1108 pass?" Order of Business. Roll call resulted as follows: Introduction, First Reading, and Reference AYES – Anderson, Andrus, Barbieri, Barrett, of Bills and Joint Resolutions Bateman, Bayer, Bedke, Bell, Bilbao, Black, Block, Boyle, Chadderdon(Chadderdon), Crane, DeMordaunt, Ellsworth, HOUSE BILL NO. 237 Gibbs(Wheeler), Guthrie, Hagedorn, Hart, Hartgen, Harwood, BY APPROPRIATIONS COMMITTEE Henderson, Lake, Loertscher, Luker, Marriott, McMillan, Moyle, AN ACT Nielsen, Nonini, Palmer, Patrick, Perry, Raybould, Roberts, APPROPRIATING MONEYS TO THE INDUSTRIAL Shepherd, Shirley, Simpson, Sims, Stevenson, Takasugi(Batt), COMMISSION FOR FISCAL YEAR 2012; LIMITING THE Thayn, Thompson, Vander Woude, Wood(27), Wood(35), NUMBER OF FULL-TIME EQUIVALENT POSITIONS; AND Mr. Speaker. Total – 48. PROVIDING LEGISLATIVE INTENT. NAYS – Bolz, Buckner-Webb, Burgoyne, Chew, Collins, Cronin, Eskridge, Higgins, Jaquet, Killen, King, Lacey, HOUSE BILL NO. 238 McGeachin, Nesset, Pence, Ringo, Rusche, Schaefer, Smith(30), BY APPROPRIATIONS COMMITTEE Smith(24), Trail, Wills. Total – 22. AN ACT Paired Votes: APPROPRIATING MONEYS TO THE PUBLIC AYE – DeMordaunt NAY – Trail EMPLOYEE RETIREMENT SYSTEM FOR FISCAL YEAR 2012; LIMITING THE NUMBER OF FULL-TIME AYE – Bedke NAY – Eskridge EQUIVALENT POSITIONS; AND CLARIFYING THE AYE – Lake NAY – McGeachin APPROPRIATION FOR THE PORTFOLIO INVESTMENT (Pairs enumerated in roll call above.) PROGRAM. Total – 70. H 237 and H 238 were introduced, read the first time by Whereupon the Speaker declared that S 1108 passed the title, and referred to the Judiciary, Rules, and Administration House. Title was approved and the bill ordered returned to the Committee for printing. Senate. S 1080, as amended, by Health and Welfare Committee, was Mr. Moyle asked unanimous consent that the remaining introduced, read the first time by title, and referred to the Health bills on the Third Reading Calendar retain their places for one and Welfare Committee. legislative day. There being no objection, it was so ordered. S 1123, as amended, by State Affairs Committee, was There being no objection, the House returned to the Fourth introduced, read the first time by title, and referred to the Order of Business. Business Committee. Consideration of Messages from the S 1088, as amended, by Commerce and Human Resources Governor and the Senate Committee, was introduced, read the first time by title, and March 8, 2011 referred to the Transportation and Defense Committee. Mr. Speaker: There being no objection, the House advanced to the Tenth I return herewith enrolled H 119 and H 139 which have been Order of Business. signed by the President. WOOD, Secretary Second Reading of Bills and Joint Resolutions Enrolled H 119 and H 139 were referred to the Judiciary, H 209, by Ways and Means Committee, was read the second Rules, and Administration Committee for delivery to the time by title and filed for third reading. Governor. 172 HOUSE JOURNAL March 8, 2011]

There being no objection, the House advanced to the Sixteenth Order of Business. Adjournment Mr. Moyle moved that the House adjourn until 9:30 a.m., Wednesday, March 9, 2011. Seconded by Mr. Rusche. Motion carried. Whereupon the Speaker declared the House adjourned at 12:24 p.m. LAWERENCE DENNEY, Speaker ATTEST: BONNIE ALEXANDER, Chief Clerk [March 9, 2011 HOUSE JOURNAL 173

HOUSE JOURNAL Independence of the United States of America, the two hundred and thirty-fifth year. OF THE /s/ C.L. "BUTCH" OTTER Governor IDAHO LEGISLATURE /s/ BEN T. YSURSA Secretary of State FIRST REGULAR SESSION SIXTY-FIRST LEGISLATURE The Certificate of Appointment was ordered filed in the office of the Chief Clerk. The Speaker announced the oath of office had previously been administered to Sarah Bedke. FIFTY-NINTH LEGISLATIVE DAY WEDNESDAY, MARCH 9, 2011 OFFICE OF THE GOVERNOR Boise March 8, 2011 House of Representatives The Honorable Lawerence Denney The House convened at 9:30 a.m., the Speaker in the Chair. Speaker of the House Roll call showed 68 members present. Absent and excused – Chadderdon(Chadderdon), Trail. Dear Mr. Speaker: Total – 2. I have the honor to advise you that I have signed today and Total – 70. am transmitting to the Secretary of State the following House bill, to wit: Prayer was offered by Chaplain Tom Dougherty. H 93 The Pledge of Allegiance was led by Heidi Jensen, Page. As Always - Idaho, "Esto Perpetua" Approval of Journal /s/ C.L. "Butch" Otter Governor March 9, 2011 Mr. Speaker: OFFICE OF THE GOVERNOR We, your COMMITTEE ON JUDICIARY, RULES, AND Boise ADMINISTRATION, report that we have read and approved the House Journal of the Fifty-eighth Legislative Day and March 8, 2011 recommend that same be adopted as corrected. The Honorable Lawerence Denney WILLS, Chairman Speaker of the House Mr. Wills moved that the report be adopted. Seconded by Mr. Burgoyne. Report adopted. Dear Mr. Speaker: I have the honor to advise you that I have signed today and Consideration of Messages from the am transmitting to the Secretary of State the following House Governor and the Senate bills, to wit: THE OFFICE OF THE GOVERNOR H 20 and H 21 EXECUTIVE DEPARTMENT BOISE, IDAHO As Always - Idaho, "Esto Perpetua" /s/ C.L. "Butch" Otter CERTIFICATE OF APPOINTMENT Governor KNOW ALL MEN, by these Presents that Scott Bedke, State Representative, District 27, House Seat A, Bingham, OFFICE OF THE GOVERNOR Cassia, Oneida and Power Counties, State of Idaho, pursuant to Boise the provisions of Section 59-917, Idaho Code, has nominated March 8, 2011 Sarah Bedke of Oakley, Idaho, to perform the duties of this office temporarily as Acting State Representative. The Honorable Lawerence Denney NOW, THEREFORE, I, C.L. "BUTCH" OTTER, Governor Speaker of the House of the State of Idaho, by virtue of the authority vested in me by Section 59-917, Idaho Code, do hereby appoint Dear Mr. Speaker: Sarah Bedke, Acting State Representative, District 27, House I have the honor to advise you that I have signed today and Seat A, Bingham, Cassia, Oneida and Power Counties, State of am transmitting to the Secretary of State the following House Idaho, for a term commencing on March 9, 2011, and continuing bills, to wit: until such time as Representative Bedke is able to resume his duties. H 41, H 76, and H 105 IN TESTIMONY WHEREOF, I have hereunto set my hand and caused to be affixed the Great Seal of the State of Idaho. As Always - Idaho, "Esto Perpetua" Done at Boise, the Capital of Idaho, this 9th day of March, /s/ C.L. "Butch" Otter in the year of our Lord two thousand and eleven and of the Governor 174 HOUSE JOURNAL March 9, 2011]

March 8, 2011 March 8, 2011 Mr. Speaker: Mr. Speaker: I transmit herewith enrolled S 1044, as amended, S 1057, as We, your COMMITTEE ON JUDICIARY, RULES, AND amended, S 1061, S 1062, S 1063, S 1073, and SJM 101 for the ADMINISTRATION, report that we have transmitted enrolled signature of the Speaker. HCR 8 to the Secretary of State at 1:19 p.m., as of this date, WOOD, Secretary March 8, 2011. WILLS, Chairman The Speaker announced he was about to sign enrolled S 1044, as amended, S 1057, as amended, S 1061, S 1062, March 8, 2011 S 1063, S 1073, and SJM 101 and, when so signed, ordered Mr. Speaker: them returned to the Senate. We, your COMMITTEE ON JUDICIARY, RULES, AND ADMINISTRATION, report that we have transmitted enrolled March 8, 2011 H 17, H 43, H 44, H 87, H 20, H 21, H 76, H 105, H 41, Mr. Speaker: H 112, and H 51 to the Governor at 1:15 p.m., as of this date, I return herewith enrolled H 144, H 52, H 53, H 54, H 56, March 8, 2011. H 155, H 38, H 40, H 100, and H 101 which have been signed WILLS, Chairman by the President. WOOD, Secretary March 8, 2011 Enrolled H 144, H 52, H 53, H 54, H 56, H 155, H 38, Mr. Speaker: H 40, H 100, and H 101 were referred to the Judiciary, Rules, We, your COMMITTEE ON JUDICIARY, RULES, AND and Administration Committee for delivery to the Governor. ADMINISTRATION, report that we have transmitted enrolled H 119 and H 139 to the Governor at 2:40 p.m., as of this date, March 8, 2011 March 8, 2011. Mr. Speaker: WILLS, Chairman I transmit herewith S 1105, as amended, and S 1089, as amended, which have passed the Senate. March 8, 2011 WOOD, Secretary Mr. Speaker: We, your COMMITTEE ON STATE AFFAIRS, report that S 1105, as amended, and S 1089, as amended, were filed for we have had under consideration HCR 20 and recommend that first reading. it do pass. LOERTSCHER, Chairman March 8, 2011 Mr. Speaker: HCR 20 was filed for second reading. I return herewith H 80, H 135, H 143, H 121, H 113, H 148, H 157, H 62, H 63, H 64, H 65, H 81, H 82, H 167, H 46, H 47, March 8, 2011 H 48, and H 49 which have passed the Senate. Mr. Speaker: WOOD, Secretary We, your COMMITTEE ON AGRICULTURAL AFFAIRS, report that we have had under consideration H 206 and H 80, H 135, H 143, H 121, H 113, H 148, H 157, H 62, recommend that it do pass. H 63, H 64, H 65, H 81, H 82, H 167, H 46, H 47, H 48, and TRAIL, Chairman H 49 were referred to the Judiciary, Rules, and Administration Committee for enrolling. H 206 was filed for second reading. March 8, 2011 There being no objection, the House advanced to the Eighth Mr. Speaker: Order of Business. I return herewith H 142, as amended in the Senate, which has passed the Senate. Introduction, First Reading, and Reference WOOD, Secretary of Bills and Joint Resolutions

H 142, as amended in the Senate, was ordered held at the HOUSE BILL NO. 239 Desk. BY REVENUE AND TAXATION COMMITTEE Mr. Eskridge asked unanimous consent that the House concur AN ACT in the Senate amendments to H 142, as amended in the Senate. RELATING TO PUBLIC WRITINGS; AMENDING There being no objection, it was so ordered. SECTION 9-340D, IDAHO CODE, TO PROVIDE THAT CERTAIN RECORDS ARE EXEMPT FROM DISCLOSURE, H 142, as amended in the Senate, was referred to the TO PROVIDE EXCEPTIONS AND TO REMOVE A Judiciary, Rules, and Administration Committee for engrossing. CODE REFERENCE; AND AMENDING SECTION 9-343, IDAHO CODE, TO PROVIDE ADDITIONAL PROVISIONS RELATING TO PROCEEDINGS TO ENFORCE A RIGHT Report of Standing Committees TO EXAMINE OR TO RECEIVE A COPY OF CERTAIN March 9, 2011 RECORDS; AND DECLARING AN EMERGENCY. Mr. Speaker: We, your COMMITTEE ON JUDICIARY, RULES, AND HOUSE BILL NO. 240 ADMINISTRATION, report that we have printed H 237 and BY REVENUE AND TAXATION COMMITTEE H 238. AN ACT WILLS, Chairman RELATING TO THE INDUSTRIAL COMMISSION; AMENDING SECTION 72-523, IDAHO CODE, TO REVISE H 237 and H 238 were filed for second reading. PROVISIONS RELATING TO A CERTAIN PREMIUM [March 9, 2011 HOUSE JOURNAL 175

TAX AND TO REVISE PROVISIONS RELATING TO THE PUBLIC RIGHT-OF-WAY AND TO MAKE A TECHNICAL DEDUCTION OF A CERTAIN PREMIUM TAX. CORRECTION.

HOUSE BILL NO. 241 H 239, H 240, H 241, H 242, H 243, H 244, H 245, and BY STATE AFFAIRS COMMITTEE H 246 were introduced, read the first time by title, and referred to AN ACT the Judiciary, Rules, and Administration Committee for printing. RELATING TO WATER; AMENDING SECTION 42-108B, S 1105, as amended, by Education Committee, was IDAHO CODE, TO REVISE PROVISIONS RELATING TO introduced, read the first time by title, and referred to the ACTION BY THE DIRECTOR OF THE DEPARTMENT OF Education Committee. WATER RESOURCES RELATING TO CERTAIN PROPOSED LEASES OF WATER; AND DECLARING AN EMERGENCY. S 1089, as amended, by Commerce and Human Resources Committee, was introduced, read the first time by title, and HOUSE BILL NO. 242 referred to the Transportation and Defense Committee. BY STATE AFFAIRS COMMITTEE AN ACT There being no objection, the House advanced to the Tenth RELATING TO EMINENT DOMAIN; AMENDING Order of Business. SECTION 7-701A, IDAHO CODE, TO PROVIDE Second Reading of Bills and Joint Resolutions ADDITIONAL RESTRICTIONS ON THE USE OF EMINENT DOMAIN AND TO MAKE A TECHNICAL CORRECTION. H 204, by Education Committee, was read the second time by title and filed for third reading. HOUSE BILL NO. 243 S 1066 and S 1111, by Education Committee, were read the BY STATE AFFAIRS COMMITTEE second time by title and filed for third reading. AN ACT RELATING TO WORKER'S COMPENSATION S 1018 and S 1019, by Commerce and Human Resources PROCEDURES; AMENDING SECTION 72-701, IDAHO Committee, were read the second time by title and filed for third CODE, TO REMOVE AN EXCEPTION TO A REQUIRED reading. TIME PERIOD, TO PROVIDE THAT THE GIVING OF NOTICE IS NOT REQUIRED UNDER CERTAIN S 1074, by Health and Welfare Committee, was read the CIRCUMSTANCES, AND TO PROVIDE THAT THE FILING second time by title and filed for third reading. OF A CERTAIN APPLICATION SHALL ALSO CONSTITUTE S 1096, S 1116, and S 1118, by Judiciary and Rules A CLAIM; AND DECLARING AN EMERGENCY. Committee, were read the second time by title and filed for third reading. HOUSE BILL NO. 244 BY APPROPRIATIONS COMMITTEE H 171, by Business Committee, was read the second time by AN ACT title and filed for third reading. APPROPRIATING ADDITIONAL MONEYS TO THE OFFICE OF ENERGY RESOURCES FOR FISCAL YEAR HJM 3, by State Affairs Committee, was read the second 2011; TRANSFERRING MONEYS TO THE GENERAL time by title and filed for third reading. FUND; APPROPRIATING MONEYS TO THE OFFICE Third Reading of Bills and Joint Resolutions OF ENERGY RESOURCES FOR FISCAL YEAR 2012; LIMITING THE NUMBER OF AUTHORIZED FULL-TIME S 1110 was read the third time at length, section by section, EQUIVALENT POSITIONS; PROVIDING NON-GENERAL and placed before the House for final consideration. FUND REAPPROPRIATION FOR FISCAL YEAR 2012; AND DECLARING AN EMERGENCY. At this time, the Speaker recognized Mr. Nonini to open debate. The question being, "Shall S 1110 pass?" HOUSE BILL NO. 245 BY APPROPRIATIONS COMMITTEE Roll call resulted as follows: AN ACT AYES – Anderson, Barbieri, Barrett, Bateman, Bayer, APPROPRIATING MONEYS TO THE OFFICE OF Bedke(Bedke), Black, Block, Boyle, Chadderdon(Chadderdon), SPECIES CONSERVATION FOR FISCAL YEAR 2012; AND Collins, Crane, DeMordaunt, Ellsworth, Gibbs(Wheeler), LIMITING THE NUMBER OF FULL-TIME EQUIVALENT Guthrie, Hagedorn, Hart, Hartgen, Harwood, Henderson, Lake, POSITIONS. Marriott, McMillan, Nielsen, Nonini, Palmer, Patrick, Perry, Raybould, Roberts, Schaefer, Shepherd, Shirley, Simpson, Sims, Stevenson, Takasugi(Batt), Thayn, Thompson, Vander Woude, HOUSE BILL NO. 246 Wood(27), Wood(35), Mr. Speaker. Total – 44. BY WAYS AND MEANS COMMITTEE NAYS – Andrus, Bell, Bilbao, Bolz, Buckner-Webb, AN ACT Burgoyne, Chew, Cronin, Eskridge, Higgins, Jaquet, Killen, RELATING TO LEGAL ACTIONS; AMENDING King, Lacey, Loertscher, Luker, McGeachin, Moyle, Nesset, SECTION 6-401, IDAHO CODE, TO PROVIDE FOR Pence, Ringo, Rusche, Smith(30), Smith(24), Trail, Wills. EXCEPTIONS; AND AMENDING SECTION 40-208, IDAHO Total – 26. CODE, TO PROVIDE THAT CERTAIN LAWS SHALL Paired Votes: PROVIDE THE EXCLUSIVE METHOD FOR DETERMINING AYE – Takasugi(Batt) NAY – Trail WHETHER ANY ROAD OR RIGHT-OF-WAY WITHIN THE AYE – Chadderdon(Chadderdon) NAY – Bell JURISDICTION OF A COUNTY OR HIGHWAY DISTRICT (Pairs enumerated in roll call above.) IS OR SHALL CONTINUE TO BE A PUBLIC HIGHWAY OR Total – 70. 176 HOUSE JOURNAL March 9, 2011]

Whereupon the Speaker declared that S 1110 passed the House. Title was approved and the bill ordered returned to the Senate. Mr. Moyle asked unanimous consent that S 1077 be placed on General Orders for consideration. There being no objection it was so ordered. Mr. Moyle asked unanimous consent that the remaining bills on the Third Reading Calendar retain their places for one legislative day. There being no objection, it was so ordered. There being no objection, the House advanced to the Sixteenth Order of Business. Adjournment Mr. Moyle moved that the House adjourn until 10 a.m., Thursday, March 10, 2011. Seconded by Mr. Rusche. Motion carried. Whereupon the Speaker declared the House adjourned at 12:06 p.m. LAWERENCE DENNEY, Speaker ATTEST: BONNIE ALEXANDER, Chief Clerk [March 10, 2011 HOUSE JOURNAL 177

HOUSE JOURNAL March 9, 2011 Mr. Speaker: OF THE I return herewith HJM 1 which has passed the Senate. WOOD, Secretary IDAHO LEGISLATURE HJM 1 was referred to the Judiciary, Rules, and Administration Committee for enrolling. FIRST REGULAR SESSION SIXTY-FIRST LEGISLATURE Report of Standing Committees March 10, 2011 Mr. Speaker: We, your COMMITTEE ON JUDICIARY, RULES, AND ADMINISTRATION, report that we have printed H 239, H 240, SIXTIETH LEGISLATIVE DAY H 241, H 242, H 243, H 244, H 245, and H 246. THURSDAY, MARCH 10, 2011 WILLS, Chairman H 239 was referred to the Revenue and Taxation Committee. House of Representatives H 240 and H 243 were referred to the Commerce and Human The House convened at 10 a.m., the Speaker in the Chair. Resources Committee. Roll call showed 68 members present. H 241 was referred to the Resources and Conservation Absent and excused – Chadderdon(Chadderdon), Trail. Committee. Total – 2. Total – 70. H 242 and H 246 were referred to the State Affairs Committee. Prayer was offered by Chaplain Tom Dougherty. H 244 and H 245 were filed for second reading. The Pledge of Allegiance was led by Jenee Walters, Page. March 10, 2011 Mr. Speaker: Approval of Journal We, your COMMITTEE ON JUDICIARY, RULES, AND ADMINISTRATION, report that we have enrolled H 80, H 135, H 143, H 121, H 113, H 148, H 157, H 62, H 63, H 64, H 65, March 10, 2011 H 81, H 82, H 167, H 46, H 47, H 48, and H 49. Mr. Speaker: WILLS, Chairman We, your COMMITTEE ON JUDICIARY, RULES, AND ADMINISTRATION, report that we have read and approved the The Speaker announced he was about to sign enrolled H 80, House Journal of the Fifty-ninth Legislative Day and recommend H 135, H 143, H 121, H 113, H 148, H 157, H 62, H 63, H 64, that same be adopted as corrected. H 65, H 81, H 82, H 167, H 46, H 47, H 48, and H 49 and, WILLS, Chairman when so signed, ordered them transmitted to the Senate for the signature of the President. Mr. Wills moved that the report be adopted. Seconded by Mr. Burgoyne. Report adopted. March 10, 2011 Mr. Speaker: Consideration of Messages from the We, your COMMITTEE ON JUDICIARY, RULES, AND Governor and the Senate ADMINISTRATION, report that we have engrossed H 142, as March 9, 2011 amended in the Senate. Mr. Speaker: WILLS, Chairman I transmit herewith enrolled S 1097 and S 1117 for the signature of the Speaker. H 142, as amended in the Senate, was filed for first reading WOOD, Secretary of engrossed bills. The Speaker announced he was about to sign enrolled March 9, 2011 S 1097 and S 1117 and, when so signed, ordered them returned Mr. Speaker: to the Senate. We, your COMMITTEE ON JUDICIARY, RULES, AND ADMINISTRATION, report that we have transmitted enrolled March 9, 2011 H 144, H 52, H 53, H 54, H 56, H 155, H 38, H 40, H 100, Mr. Speaker: and H 101 to the Governor at 12:45 p.m., as of this date, I return herewith enrolled H 79, H 78, HJM 2, HCR 12, March 9, 2011. HCR 13, HCR 14, and HCR 10 which have been signed by the WILLS, Chairman President. WOOD, Secretary March 9, 2011 Mr. Speaker: Enrolled H 79 and H 78 were referred to the Judiciary, Rules, We, your COMMITTEE ON REVENUE AND TAXATION, and Administration Committee for delivery to the Governor. report that we have had under consideration H 236 and recommend that it do pass. Enrolled HJM 2, HCR 12, HCR 13, HCR 14, and LAKE, Chairman HCR 10 were referred to the Judiciary, Rules, and Administration Committee for delivery to the Secretary of State. H 236 was filed for second reading. 178 HOUSE JOURNAL March 10, 2011]

March 9, 2011 NOW, THEREFORE, BE IT RESOLVED by the members Mr. Speaker: of the First Regular Session of the Sixty-first Idaho Legislature, We, your COMMITTEE ON COMMERCE AND HUMAN the House of Representatives and the Senate concurring therein, RESOURCES, report that we have had under consideration that IDAPA 16.03.09, Medicaid Basic Plan Benefits, Section HCR 21, S 1101, and S 1103 and recommend that they do pass. 514, Abortion Procedures: Provider Qualifications and Duties, BLOCK, Chairman Subsection 01.d. relating to Documentation that the woman was under the age of eighteen (18) at the time of sexual HCR 21, S 1101, and S 1103 were filed for second reading. intercourse, only, relating to Rules of the Department of Health March 9, 2011 and Welfare, adopted as a permanent rule under Docket Number Mr. Speaker: 16-0309-0604, be, and the same is hereby rejected and declared We, your COMMITTEE ON RESOURCES AND null, void and of no force and effect. CONSERVATION, report that we have had under consideration SCR 105 and recommend that it do pass. HCR 23 was introduced, read the first time by title, and STEVENSON, Chairman referred to the Judiciary, Rules, and Administration Committee for printing. SCR 105 was filed for second reading. Introduction, First Reading, and Reference March 9, 2011 of Bills and Joint Resolutions Mr. Speaker: We, your COMMITTEE ON JUDICIARY, RULES, AND ADMINISTRATION, report that we have had under HOUSE BILL NO. 247 consideration H 225, H 226, H 235, and S 1121 and recommend BY REVENUE AND TAXATION COMMITTEE that they do pass. AN ACT WILLS, Chairman RELATING TO FISH AND GAME; AMENDING SECTION 36-408, IDAHO CODE, TO PROVIDE FOR H 225, H 226, H 235, and S 1121 were filed for second SPECIAL BIG GAME AUCTION TAGS DESIGNATED AS reading. GOVERNOR'S AUCTION TAGS. March 9, 2011 Mr. Speaker: HOUSE BILL NO. 248 We, your COMMITTEE ON EDUCATION, report that we BY APPROPRIATIONS COMMITTEE have had under consideration H 205 and recommend that it do AN ACT pass. APPROPRIATING ADDITIONAL MONEYS TO THE NONINI, Chairman DEPARTMENT OF AGRICULTURE FOR FISCAL YEAR 2011; DIRECTING THE TRANSFER OF FUNDS FROM H 205 was filed for second reading. THE RURAL ECONOMIC DEVELOPMENT INTEGRATED March 9, 2011 FREIGHT AND TRANSPORTATION FUND TO THE Mr. Speaker: INVASIVE SPECIES FUND; APPROPRIATING MONEYS TO We, your COMMITTEE ON RESOURCES AND THE DEPARTMENT OF AGRICULTURE FOR FISCAL YEAR CONSERVATION, report that we have had under consideration 2012; APPROPRIATING MONEYS TO THE DEPARTMENT H 231 and report it back with amendments attached to be placed OF AGRICULTURE FOR FISCAL YEAR 2012 FOR THE on General Orders for consideration. PLANT INDUSTRIES PROGRAM; LIMITING THE NUMBER STEVENSON, Chairman OF AUTHORIZED FULL-TIME EQUIVALENT POSITIONS; AND DECLARING AN EMERGENCY. H 231 was placed on General Orders for consideration. HOUSE BILL NO. 249 There being no objection, the House advanced to the Seventh BY APPROPRIATIONS COMMITTEE Order of Business. AN ACT Motions, Memorials, and Resolutions APPROPRIATING MONEYS TO THE DEPARTMENT OF FINANCE FOR FISCAL YEAR 2012; AND LIMITING THE HOUSE CONCURRENT RESOLUTION NO. 23 NUMBER OF FULL-TIME EQUIVALENT POSITIONS. BY STATE AFFAIRS COMMITTEE H 247, H 248, and H 249 were introduced, read the first time A CONCURRENT RESOLUTION by title, and referred to the Judiciary, Rules, and Administration STATING FINDINGS OF THE LEGISLATURE AND Committee for printing. REJECTING A CERTAIN RULE OF THE DEPARTMENT OF HEALTH AND WELFARE RELATING TO MEDICAID First Reading of Engrossed Bills BASIC PLAN BENEFITS. H 142, as amended in the Senate, by Resources and Be It Resolved by the Legislature of the State of Idaho: Conservation Committee, was introduced, read the first time by WHEREAS, the Legislature is vested with authority to reject title, and filed for second reading. executive agency rules under the provisions of Section 67-5291, Second Reading of Bills and Joint Resolutions Idaho Code, in the event that the Legislature finds that the rules are not consistent with legislative intent; and H 237 and H 238, by Appropriations Committee, were read WHEREAS, it is the finding of the Legislature that a certain the second time by title and filed for third reading. rule of the Department of Health and Welfare relating to Medicaid Basic Plan Benefits is not consistent with legislative intent and HCR 20 and H 206, by State Affairs Committee, were read should be rejected. the second time by title and filed for third reading. [March 10, 2011 HOUSE JOURNAL 179

Third Reading of Bills and Joint Resolutions Roll call resulted as follows: AYES – Anderson, Andrus, Barbieri, Barrett, Bateman, H 213 was read the third time at length, section by section, Bayer, Bedke(Bedke), Bell, Bilbao, Black, Block, Bolz, and placed before the House for final consideration. Boyle, Collins, Crane, DeMordaunt, Ellsworth, Eskridge, At this time, the Speaker recognized Mr. Bayer and Gibbs(Wheeler), Guthrie, Hagedorn, Hart, Hartgen, Harwood, Ms. Jaquet to open debate. Henderson, Lacey, Lake, Loertscher, Luker, Marriott, McGeachin, McMillan, Moyle, Nesset, Nielsen, Nonini, Palmer, The question being, "Shall H 213 pass?" Patrick, Perry, Raybould, Roberts, Schaefer, Shepherd, Shirley, Simpson, Sims, Smith(30), Stevenson, Takasugi(Batt), Thayn, Roll call resulted as follows: Thompson, Trail, Vander Woude, Wills, Wood(27), Wood(35), AYES – Anderson, Andrus, Barbieri, Barrett, Bateman, Mr. Speaker. Total – 57. Bayer, Bedke(Bedke), Bell, Bilbao, Black, Block, Bolz, Boyle, NAYS – Buckner-Webb, Burgoyne, Chew, Cronin, Higgins, Buckner-Webb, Burgoyne, Chew, Collins, Crane, Cronin, Jaquet, Killen, King, Pence, Ringo, Smith(24). Total – 11. DeMordaunt, Ellsworth, Eskridge, Gibbs(Wheeler), Guthrie, Absent and excused – Chadderdon(Chadderdon), Rusche. Hagedorn, Hart, Hartgen, Harwood, Higgins, Jaquet, Killen, Total – 2. King, Lacey, Lake, Loertscher, Luker, Marriott, McGeachin, Paired Votes: McMillan, Moyle, Nesset, Nielsen, Palmer, Patrick, Pence, Perry, AYE – Trail NAY – Burgoyne Raybould, Ringo, Roberts, Schaefer, Shepherd, Shirley, Simpson, (Pairs enumerated in roll call above.) Sims, Smith(30), Smith(24), Stevenson, Takasugi(Batt), Thayn, Total – 70. Thompson, Vander Woude, Wills, Wood(27), Wood(35), Mr. Speaker. Total – 65. Whereupon the Speaker declared that H 210 passed the NAYS – None. House. Title was approved and the bill ordered transmitted to Absent and excused – Chadderdon(Chadderdon), Henderson, the Senate. Nonini, Rusche, Trail. Total – 5. Total – 70. SCR 103 was read the third time at length and placed before the House for final consideration. Whereupon the Speaker declared that H 213 passed the House. Title was approved and the bill ordered transmitted to At this time, the Speaker recognized Mr. Lacey to open the Senate. debate. H 214 was read the third time at length, section by section, The question being, "Shall SCR 103 be adopted?" and placed before the House for final consideration. Whereupon the Speaker declared SCR 103 adopted by voice At this time, the Speaker recognized Ms. Ellsworth to open vote and ordered the resolution returned to the Senate. debate. S 1055 was read the third time at length, section by section, The question being, "Shall H 214 pass?" and placed before the House for final consideration.

Roll call resulted as follows: At this time, the Speaker recognized Mr. Bolz to open debate. AYES – Anderson, Andrus, Barbieri, Barrett, Bateman, The question being, "Shall S 1055 pass?" Bayer, Bedke(Bedke), Bell, Bilbao, Black, Block, Bolz, Boyle, Buckner-Webb, Burgoyne, Chew, Collins, Crane, Cronin, Roll call resulted as follows: DeMordaunt, Ellsworth, Eskridge, Gibbs(Wheeler), Guthrie, AYES – Anderson, Andrus, Barbieri, Barrett, Bateman, Hagedorn, Hart, Hartgen, Harwood, Higgins, Jaquet, Killen, Bayer, Bedke(Bedke), Bell, Bilbao, Black, Block, Bolz, Boyle, King, Lacey, Lake, Loertscher, Luker, Marriott, McGeachin, Buckner-Webb, Burgoyne, Chew, Collins, Crane, Cronin, McMillan, Moyle, Nesset, Nielsen, Palmer, Patrick, Pence, Perry, DeMordaunt, Ellsworth, Eskridge, Gibbs(Wheeler), Guthrie, Raybould, Ringo, Roberts, Schaefer, Shepherd, Shirley, Simpson, Hagedorn, Hart, Hartgen, Harwood, Henderson, Higgins, Sims, Smith(30), Smith(24), Stevenson, Takasugi(Batt), Thayn, Jaquet, Killen, King, Lacey, Lake, Loertscher, Luker, Marriott, Thompson, Vander Woude, Wills, Wood(27), Wood(35), McGeachin, McMillan, Moyle, Nesset, Nielsen, Nonini, Palmer, Mr. Speaker. Total – 65. Patrick, Pence, Perry, Raybould, Ringo, Roberts, Schaefer, NAYS – None. Shepherd, Shirley, Simpson, Sims, Smith(30), Smith(24), Absent and excused – Chadderdon(Chadderdon), Henderson, Stevenson, Takasugi(Batt), Thayn, Thompson, Vander Woude, Nonini, Rusche, Trail. Total – 5. Wills, Wood(27), Wood(35), Mr. Speaker. Total – 67. Total – 70. NAYS – None. Whereupon the Speaker declared that H 214 passed the Absent and excused – Chadderdon(Chadderdon), Rusche, House. Title was approved and the bill ordered transmitted to Trail. Total – 3. the Senate. Total – 70. H 210 was read the third time at length, section by section, Whereupon the Speaker declared that S 1055 passed the and placed before the House for final consideration. House. Title was approved and the bill ordered returned to the Senate. At this time, the Speaker recognized Mr. Moyle to open debate. H 88 was read the third time at length, section by section, and placed before the House for final consideration. Pursuant to Rule 38(3), Ms. Batt disclosed a conflict of interest regarding H 210. At this time, the Speaker recognized Mr. Bolz to open debate. The question being, "Shall H 210 pass?" The question being, "Shall H 88 pass?" 180 HOUSE JOURNAL March 10, 2011]

Roll call resulted as follows: Hagedorn, Hart, Hartgen, Harwood, Henderson, Higgins, AYES – Anderson, Andrus, Barbieri, Barrett, Bateman, Jaquet, Killen, King, Lacey, Lake, Loertscher, Luker, Marriott, Bayer, Bedke(Bedke), Bell, Bilbao, Block, Bolz, Boyle, McGeachin, McMillan, Moyle, Nesset, Nielsen, Nonini, Palmer, Buckner-Webb, Burgoyne, Chew, Collins, Crane, Cronin, Patrick, Pence, Perry, Raybould, Ringo, Roberts, Schaefer, DeMordaunt, Ellsworth, Eskridge, Gibbs(Wheeler), Guthrie, Shepherd, Shirley, Simpson, Sims, Smith(30), Smith(24), Hagedorn, Hart, Hartgen, Harwood, Henderson, Higgins, Stevenson, Takasugi(Batt), Thayn, Thompson, Vander Woude, Jaquet, Killen, King, Lacey, Lake, Loertscher, Luker, Marriott, Wills, Wood(27), Wood(35), Mr. Speaker. Total – 67. McGeachin, McMillan, Nesset, Nielsen, Nonini, Palmer, NAYS – None. Patrick, Pence, Perry, Raybould, Ringo, Roberts, Shepherd, Absent and excused – Chadderdon(Chadderdon), Rusche, Shirley, Simpson, Sims, Smith(30), Smith(24), Stevenson, Trail. Total – 3. Takasugi(Batt), Thayn, Thompson, Vander Woude, Wills, Total – 70. Wood(27), Wood(35), Mr. Speaker. Total – 64. NAYS – None. Whereupon the Speaker declared that S 1017 passed the Absent and excused – Black, Chadderdon(Chadderdon), House. Title was approved and the bill ordered returned to the Moyle, Rusche, Schaefer, Trail. Total – 6. Senate. Total – 70. Mr. Moyle asked unanimous consent that beginning Friday, Whereupon the Speaker declared that H 88 passed the House. March 11, 2011, legislation on the Third Reading Calendar be Title was approved and the bill ordered transmitted to the Senate. placed in the following order: House bills, resolutions, memorials and proclamations, Senate bills, resolutions, memorials and H 162 was read the third time at length, section by section, proclamations. There being no objection, it was so ordered. and placed before the House for final consideration. Mr. Moyle asked unanimous consent that the remaining At this time, the Speaker recognized Mr. Loertscher to open bills on the Third Reading Calendar retain their places for one debate. legislative day. There being no objection, it was so ordered. Pursuant to Rule 38(3), Mr. Wood(27) disclosed a conflict of There being no objection, the House advanced to the interest regarding H 162. Sixteenth Order of Business. Pursuant to Rule 38(3), Mr. Bilbao disclosed a conflict of Adjournment interest regarding H 162. Mr. Moyle moved that the House adjourn until 9:30 a.m., The question being, "Shall H 162 pass?" Friday, March 11, 2011. Seconded by Mr. Rusche. Motion carried. Roll call resulted as follows: AYES – Anderson, Barrett, Bateman, Bedke(Bedke), Whereupon the Speaker declared the House adjourned at Bell, Bilbao, Black, Block, Bolz, Collins, Cronin, Eskridge, 11:59 a.m. Gibbs(Wheeler), Guthrie, Hagedorn, Hartgen, Harwood, Higgins, LAWERENCE DENNEY, Speaker Jaquet, Lacey, Lake, Loertscher, McGeachin, Moyle, Nesset, Patrick, Pence, Raybould, Rusche, Shirley, Simpson, Smith(30), ATTEST: Stevenson, Takasugi(Batt), Thompson, Wills, Wood(27), BONNIE ALEXANDER, Chief Clerk Mr. Speaker. Total – 38. NAYS – Andrus, Barbieri, Bayer, Boyle, Buckner-Webb, Burgoyne, Chew, Crane, DeMordaunt, Ellsworth, Hart, Henderson, Killen, King, Luker, Marriott, McMillan, Nielsen, Nonini, Palmer, Perry, Ringo, Roberts, Schaefer, Shepherd, Sims, Smith(24), Thayn, Vander Woude, Wood(35). Total – 30. Absent and excused – Chadderdon(Chadderdon), Trail. Total – 2. Total – 70. Whereupon the Speaker declared that H 162 passed the House. Title was approved and the bill ordered transmitted to the Senate. S 1017 was read the third time at length, section by section, and placed before the House for final consideration. At this time, the Speaker recognized Mr. Marriott to open debate. The question being, "Shall S 1017 pass?"

Roll call resulted as follows: AYES – Anderson, Andrus, Barbieri, Barrett, Bateman, Bayer, Bedke(Bedke), Bell, Bilbao, Black, Block, Bolz, Boyle, Buckner-Webb, Burgoyne, Chew, Collins, Crane, Cronin, DeMordaunt, Ellsworth, Eskridge, Gibbs(Wheeler), Guthrie, [March 11, 2011 HOUSE JOURNAL 181

HOUSE JOURNAL The Speaker announced he was about to sign enrolled S 1108 and, when so signed, ordered it returned to the Senate. OF THE March 10, 2011 Mr. Speaker: IDAHO LEGISLATURE I transmit herewith SCR 101 which has passed the Senate. WOOD, Secretary FIRST REGULAR SESSION SIXTY-FIRST LEGISLATURE SCR 101 was filed for first reading. March 10, 2011 Mr. Speaker: I return herewith HCR 18 which has passed the Senate. SIXTY-FIRST LEGISLATIVE DAY WOOD, Secretary FRIDAY, MARCH 11, 2011 HCR 18 was referred to the Judiciary, Rules, and Administration Committee for enrolling. House of Representatives Report of Standing Committees The House convened at 9:30 a.m., the Speaker in the Chair. Roll call showed 67 members present. March 11, 2011 Absent and excused – Chadderdon(Chadderdon), Higgins, Mr. Speaker: Trail. Total – 3. We, your COMMITTEE ON JUDICIARY, RULES, AND Total – 70. ADMINISTRATION, report that we have printed HCR 23, H 247, H 248, and H 249. Prayer was offered by Chaplain Tom Dougherty. WILLS, Chairman The Pledge of Allegiance was led by Elizabeth Harris, Page. HCR 23, H 248, and H 249 were filed for second reading. Approval of Journal H 247 was referred to the Resources and Conservation Committee. March 11, 2011 Mr. Speaker: We, your COMMITTEE ON JUDICIARY, RULES, AND March 11, 2011 ADMINISTRATION, report that we have read and approved the Mr. Speaker: House Journal of the Sixtieth Legislative Day and recommend We, your COMMITTEE ON JUDICIARY, RULES, AND that same be adopted as corrected. ADMINISTRATION, report that we have enrolled HJM 1. WILLS, Chairman WILLS, Chairman Mr. Wills moved that the report be adopted. Seconded by The Speaker announced he was about to sign enrolled Mr. Burgoyne. Report adopted. HJM 1 and, when so signed, ordered it transmitted to the Senate for the signature of the President. Consideration of Messages from the Governor and the Senate March 10, 2011 OFFICE OF THE GOVERNOR Mr. Speaker: Boise We, your COMMITTEE ON JUDICIARY, RULES, AND ADMINISTRATION, report that we have transmitted enrolled March 10, 2011 H 79 and H 78 to the Governor at 12:45 p.m., as of this date, The Honorable Lawerence Denney March 10, 2011. Speaker of the House WILLS, Chairman March 10, 2011 Dear Mr. Speaker: Mr. Speaker: I have the honor to advise you that I have signed today and We, your COMMITTEE ON JUDICIARY, RULES, AND am transmitting to the Secretary of State the following House ADMINISTRATION, report that we have transmitted enrolled bills, to wit: HJM 2, HCR 12, HCR 13, HCR 14, and HCR 10 to the H 119 and H 139 Secretary of State at 2:11 p.m., as of this date, March 10, 2011. WILLS, Chairman As Always - Idaho, "Esto Perpetua" /s/ C.L. "Butch" Otter March 10, 2011 Governor Mr. Speaker: We, your COMMITTEE ON STATE AFFAIRS, report that March 10, 2011 we have had under consideration H 222 and SCR 104 and Mr. Speaker: recommend that they do pass. I transmit herewith enrolled S 1108 for the signature of the LOERTSCHER, Chairman Speaker. WOOD, Secretary H 222 and SCR 104 were filed for second reading. 182 HOUSE JOURNAL March 11, 2011]

March 9, 2011 OF FISH AND GAME FOR FISCAL YEAR 2012; LIMITING Mr. Speaker: THE NUMBER OF FULL-TIME EQUIVALENT POSITIONS; We, your COMMITTEE ON BUSINESS, report that we have AND DECLARING AN EMERGENCY. had under consideration S 1123, as amended, and S 1127 and recommend that they do pass. HOUSE BILL NO. 252 BLACK, Chairman BY APPROPRIATIONS COMMITTEE AN ACT S 1123, as amended, and S 1127 were filed for second REDUCING THE APPROPRIATION TO THE reading. DEPARTMENT OF JUVENILE CORRECTIONS FOR March 10, 2011 FISCAL YEAR 2011; APPROPRIATING MONEYS TO Mr. Speaker: THE DEPARTMENT OF JUVENILE CORRECTIONS We, your COMMITTEE ON TRANSPORTATION AND FOR FISCAL YEAR 2012; LIMITING THE NUMBER OF DEFENSE, report that we have had under consideration FULL-TIME EQUIVALENT POSITIONS; AND DECLARING H 228 and recommend that it do pass. AN EMERGENCY. SMITH, Chairman HOUSE BILL NO. 253 H 228 was filed for second reading. BY APPROPRIATIONS COMMITTEE AN ACT March 9, 2011 APPROPRIATING ADDITIONAL MONEYS TO Mr. Speaker: THE IDAHO STATE POLICE FOR FISCAL YEAR 2011; We, your COMMITTEE ON BUSINESS, report that we APPROPRIATING MONEYS TO THE IDAHO STATE have had under consideration H 207 and report it back with POLICE FOR FISCAL YEAR 2012; LIMITING THE NUMBER amendments attached to be placed on General Orders for OF FULL-TIME EQUIVALENT POSITIONS; EXEMPTING consideration. APPROPRIATION OBJECT AND PROGRAM TRANSFER BLACK, Chairman LIMITATIONS; AND DECLARING AN EMERGENCY. H 207 was placed on General Orders for consideration. HOUSE BILL NO. 254 March 10, 2011 BY APPROPRIATIONS COMMITTEE Mr. Speaker: AN ACT We, your COMMITTEE ON TRANSPORTATION AND APPROPRIATING ADDITIONAL MONEYS TO THE DEFENSE, report that we have had under consideration COMMISSION FOR PARDONS AND PAROLE FOR H 141 and H 193 and report them back with amendments FISCAL YEAR 2011; APPROPRIATING MONEYS TO attached to be placed on General Orders for consideration. THE COMMISSION FOR PARDONS AND PAROLE FOR SMITH, Chairman FISCAL YEAR 2012; LIMITING THE NUMBER OF FULL-TIME EQUIVALENT POSITIONS; AND DECLARING H 141 and H 193 were placed on General Orders for AN EMERGENCY. consideration. There being no objection, the House advanced to the Seventh HOUSE BILL NO. 255 Order of Business. BY WAYS AND MEANS COMMITTEE AN ACT Motions, Memorials, and Resolutions RELATING TO RESTRICTIONS ON PUBLIC BENEFITS; AMENDING CHAPTER 79, TITLE 67, IDAHO CODE, SCR 101, by Agricultural Affairs Committee, was BY THE ADDITION OF A NEW SECTION 67-7904, introduced, read the first time by title, and referred to the IDAHO CODE, TO PROVIDE CERTAIN IDENTIFICATION Agricultural Affairs Committee. REQUIREMENTS FOR RECIPIENTS OF CERTAIN PUBLIC Introduction, First Reading, and Reference BENEFITS AND TO PROVIDE EXCEPTIONS. of Bills and Joint Resolutions HOUSE BILL NO. 256 HOUSE BILL NO. 250 BY WAYS AND MEANS COMMITTEE BY REVENUE AND TAXATION COMMITTEE AN ACT AN ACT RELATING TO PLUMBING AND PLUMBERS; RELATING TO THE SALES AND USE TAX ON AMENDING SECTION 54-2601, IDAHO CODE, TO EQUIPMENT USED IN ALTERNATIVE METHODS OF PROVIDE THAT ALL PLUMBING AND PLUMBING GENERATION OF ELECTRICITY; AMENDING SECTION SYSTEMS SHALL BE DESIGNED, CONSTRUCTED, 63-3622QQ, IDAHO CODE, TO REVISE REQUIREMENTS INSTALLED, IMPROVED, EXTENDED AND ALTERED REGARDING THE SALES TAX REBATE FOR EQUIPMENT IN SUBSTANTIAL ACCORD WITH THE IDAHO USED IN ALTERNATIVE METHODS OF GENERATION OF STATE PLUMBING CODE, TO REVISE PROVISIONS ELECTRICITY; AND AMENDING SECTION 2, CHAPTER RELATING TO THE DECLARATION OF POLICY AND 355, LAWS OF 2005, TO EXTEND THE SUNSET DATE. PURPOSE OF THE ACT, TO PROVIDE FOR NEGOTIATED RULEMAKING, TO PROVIDE FOR PUBLIC HEARINGS, HOUSE BILL NO. 251 TO PROVIDE FOR NOTICE, TO PROVIDE PROVISIONS BY APPROPRIATIONS COMMITTEE RELATING TO CITIES ELECTING TO IMPLEMENT A AN ACT PLUMBING CODE ENFORCEMENT PROGRAM, TO APPROPRIATING ADDITIONAL MONEYS TO THE PROVIDE PROVISIONS RELATING TO CITIES AMENDING DEPARTMENT OF FISH AND GAME FOR FISCAL YEAR THE IDAHO STATE PLUMBING CODE AND TO MAKE 2011; APPROPRIATING MONEYS TO THE DEPARTMENT TECHNICAL CORRECTIONS; AND AMENDING SECTION [March 11, 2011 HOUSE JOURNAL 183

54-2620, IDAHO CODE, TO PROVIDE A CORRECT S 1101 and S 1103, by Health and Welfare Committee, were REFERENCE. read the second time by title and filed for third reading.

HOUSE BILL NO. 257 SCR 105, by State Affairs Committee, was read the second BY WAYS AND MEANS COMMITTEE time by title and filed for third reading. AN ACT H 225, H 226, and H 235, by State Affairs Committee, were RELATING TO ADMINISTRATIVE RULES; read the second time by title and filed for third reading. CONTINUING CERTAIN RULES IN FULL FORCE AND EFFECT UNTIL JULY 1, 2012; CONTINUING RULES S 1121, by Judiciary and Rules Committee, was read the APPROVED OR EXTENDED BY ADOPTION OF A second time by title and filed for third reading. CONCURRENT RESOLUTION OF THE FIRST REGULAR SESSION OF THE SIXTY-FIRST IDAHO LEGISLATURE H 205, by Education Committee, was read the second time IN FULL FORCE AND EFFECT UNTIL JULY 1, 2012, by title and filed for third reading. OR UNTIL SUCH TIME AS THEY SHALL EXPIRE; H 142, as amended in the Senate, by Resources and PROVIDING THAT RULES REJECTED BY CONCURRENT Conservation Committee, was read the second time by title and RESOLUTION SHALL BE NULL, VOID AND OF NO FORCE filed for third reading. AND EFFECT; AUTHORIZING AGENCIES TO AMEND OR REPEAL CERTAIN RULES PURSUANT TO THE Third Reading of Bills and Joint Resolutions ADMINISTRATIVE PROCEDURE ACT AND DECLARING H 237 was read the third time at length, section by section, THE EFFECT OF THIS ACT UPON ADMINISTRATIVE and placed before the House for final consideration. RULES; AND PROVIDING SEVERABILITY. At this time, the Speaker recognized Ms. Jaquet to open HOUSE BILL NO. 258 debate. BY APPROPRIATIONS COMMITTEE AN ACT The question being, "Shall H 237 pass?" APPROPRIATING ADDITIONAL MONEYS TO THE DEPARTMENT OF LANDS FOR FISCAL YEAR 2011; Roll call resulted as follows: APPROPRIATING MONEYS TO THE DEPARTMENT OF AYES – Anderson, Andrus, Barbieri, Bateman, Bayer, LANDS FOR FISCAL YEAR 2012; LIMITING THE NUMBER Bedke(Bedke), Bell, Bilbao, Black, Block, Bolz, Buckner-Webb, OF FULL-TIME EQUIVALENT POSITIONS; EXEMPTING Burgoyne, Chew, Collins, Cronin, DeMordaunt, Ellsworth, THE FOREST AND RANGE FIRE PROTECTION PROGRAM Eskridge, Gibbs(Wheeler), Guthrie, Hagedorn, Hart, Hartgen, FROM THE OBJECT TRANSFER LIMITATIONS; AND Henderson, Jaquet, Killen, King, Lacey, Lake, Loertscher, DECLARING AN EMERGENCY. Luker, Marriott, McGeachin, McMillan, Moyle, Nesset, Nielsen, Nonini, Patrick, Pence, Perry, Raybould, Ringo, Roberts, HOUSE BILL NO. 259 Rusche, Schaefer, Shepherd, Shirley, Simpson, Sims, Smith(30), BY APPROPRIATIONS COMMITTEE Smith(24), Stevenson, Takasugi(Batt), Thayn, Thompson, AN ACT Vander Woude, Wills, Wood(27), Mr. Speaker. Total – 61. APPROPRIATING MONEYS TO THE DEPARTMENT NAYS – Barrett, Boyle, Harwood, Palmer, Wood(35). OF ENVIRONMENTAL QUALITY FOR FISCAL YEAR Total – 5. 2012; LIMITING THE NUMBER OF FULL-TIME Absent and excused – Chadderdon(Chadderdon), Crane, EQUIVALENT POSITIONS; APPROPRIATING AND Higgins, Trail. Total – 4. TRANSFERRING MONEYS TO THE GENERAL FUND; Total – 70. APPROPRIATING AND TRANSFERRING MONEYS Whereupon the Speaker declared that H 237 passed the TO THE ENVIRONMENTAL REMEDIATION FUND; House. Title was approved and the bill ordered transmitted to EXPRESSING LEGISLATIVE INTENT REGARDING the Senate. THE ENVIRONMENTAL REMEDIATION FUND AND REQUIRING AN ANNUAL REPORT; AND EXPRESSING H 238 was read the third time at length, section by section, LEGISLATIVE INTENT WITH REGARD TO USE OF THE and placed before the House for final consideration. WATER POLLUTION CONTROL FUND. At this time, the Speaker recognized Mrs. Ringo to open H 250, H 251, H 252, H 253, H 254, H 255, H 256, H 257, debate. H 258, and H 259 were introduced, read the first time by title, and referred to the Judiciary, Rules, and Administration Committee The question being, "Shall H 238 pass?" for printing. Roll call resulted as follows: There being no objection, the House advanced to the Tenth AYES – Anderson, Andrus, Barbieri, Barrett, Bateman, Order of Business. Bayer, Bedke(Bedke), Bell, Bilbao, Black, Block, Bolz, Boyle, Buckner-Webb, Burgoyne, Chew, Collins, Crane, Cronin, Second Reading of Bills and Joint Resolutions DeMordaunt, Ellsworth, Eskridge, Gibbs(Wheeler), Guthrie, Hagedorn, Hart, Hartgen, Harwood, Henderson, Jaquet, Killen, H 244 and H 245, by Appropriations Committee, were read King, Lacey, Lake, Loertscher, Luker, Marriott, McGeachin, the second time by title and filed for third reading. McMillan, Moyle, Nesset, Nielsen, Nonini, Palmer, Patrick, H 236, by Revenue and Taxation Committee, was read the Pence, Perry, Raybould, Ringo, Roberts, Rusche, Schaefer, second time by title and filed for third reading. Shepherd, Shirley, Simpson, Sims, Smith(30), Smith(24), Stevenson, Takasugi(Batt), Thayn, Thompson, Vander Woude, HCR 21, by Ways and Means Committee, was read the Wills, Wood(27), Wood(35), Mr. Speaker. Total – 67. second time by title and filed for third reading. NAYS – None. 184 HOUSE JOURNAL March 11, 2011]

Absent and excused – Chadderdon(Chadderdon), Higgins, Whereupon the Speaker declared that H 195 passed the Trail. Total – 3. House. Title was approved and the bill ordered transmitted to Total – 70. the Senate. Whereupon the Speaker declared that H 238 passed the H 209 was read the third time at length, section by section, House. Title was approved and the bill ordered transmitted to and placed before the House for final consideration. the Senate. At this time, the Speaker recognized Mr. Luker to open Mr. Wills asked unanimous consent that S 1122 be returned debate. to the Judiciary, Rules, and Administration Committee. There being no objection, it was so ordered. The question being, "Shall H 209 pass?"

H 179 was read the third time at length, section by section, Roll call resulted as follows: and placed before the House for final consideration. AYES – Anderson, Andrus, Barbieri, Barrett, Bateman, Bayer, Bedke(Bedke), Bell, Bilbao, Black, Block, Bolz, Boyle, At this time, the Speaker recognized Mr. Collins to open Buckner-Webb, Burgoyne, Chew, Collins, Crane, Cronin, debate. DeMordaunt, Ellsworth, Eskridge, Gibbs(Wheeler), Guthrie, The question being, "Shall H 179 pass?" Hagedorn, Hart, Hartgen, Harwood, Henderson, Jaquet, Killen, King, Lacey, Lake, Loertscher, Luker, Marriott, McGeachin, Roll call resulted as follows: McMillan, Moyle, Nesset, Nielsen, Nonini, Palmer, Patrick, AYES – Anderson, Andrus, Barbieri, Barrett, Bateman, Pence, Perry, Raybould, Ringo, Roberts, Rusche, Schaefer, Bayer, Bedke(Bedke), Bell, Bilbao, Black, Block, Bolz, Boyle, Shepherd, Shirley, Simpson, Sims, Smith(30), Smith(24), Buckner-Webb, Burgoyne, Chew, Collins, Crane, Cronin, Stevenson, Takasugi(Batt), Thayn, Thompson, Vander Woude, DeMordaunt, Ellsworth, Eskridge, Gibbs(Wheeler), Guthrie, Wills, Wood(27), Wood(35), Mr. Speaker. Total – 67. Hagedorn, Hart, Hartgen, Harwood, Henderson, Jaquet, Killen, NAYS – None. King, Lacey, Lake, Loertscher, Luker, Marriott, McGeachin, Absent and excused – Chadderdon(Chadderdon), Higgins, McMillan, Moyle, Nesset, Nielsen, Nonini, Palmer, Patrick, Trail. Total – 3. Pence, Perry, Raybould, Ringo, Roberts, Rusche, Schaefer, Total – 70. Shepherd, Shirley, Simpson, Sims, Smith(30), Smith(24), Whereupon the Speaker declared that H 209 passed the Stevenson, Takasugi(Batt), Thayn, Thompson, Vander Woude, House. Title was approved and the bill ordered transmitted to Wills, Wood(27), Wood(35), Mr. Speaker. Total – 67. the Senate. NAYS – None. Absent and excused – Chadderdon(Chadderdon), Higgins, Mr. Black asked unanimous consent that H 171 be returned Trail. Total – 3. to the Business Committee. There being no objection, it was so Total – 70. ordered. Whereupon the Speaker declared that H 179 passed the H 217 was read the third time at length, section by section, House. Title was approved and the bill ordered transmitted to and placed before the House for final consideration. the Senate. At this time, the Speaker recognized Mr. Wood(27) to open H 195 was read the third time at length, section by section, debate. and placed before the House for final consideration. Mr. Wood(27) asked unanimous consent, pursuant to At this time, the Speaker recognized Ms. Sims to open Rule 46, that H 217 be corrected as follows: debate. Page 1, Line 26 change "operation" to "operations". Pursuant to Rule 38(3), Ms. Sims disclosed a conflict of interest regarding H 195. There being no objection, it was so ordered. The question being, "Shall H 195 pass?" The question being, "Shall H 217, as corrected, pass?"

Whereupon the Speaker declared that H 217, as corrected, The question being, "Shall HCR 19 be adopted?" passed the House. Title was approved and the bill ordered transmitted to the Senate. Whereupon the Speaker declared HCR 19 adopted by voice vote and ordered the resolution transmitted to the Senate. H 204 was read the third time at length, section by section, and placed before the House for final consideration. HCR 20 was read the third time at length and placed before the House for final consideration. At this time, the Speaker recognized Mr. Thayn to open debate. At this time, the Speaker recognized Mr. Thayn to open debate. The question being, "Shall H 204 pass?" Pursuant to Rule 38(3), Mr. Nesset disclosed a conflict of Roll call resulted as follows: interest regarding HCR 20. AYES – Anderson, Bateman, Bayer, Bedke(Bedke), Bell, Bilbao, Black, Block, Bolz, Boyle, Buckner-Webb, Burgoyne, The question being, "Shall HCR 20 be adopted?" Chew, Collins, Crane, Cronin, DeMordaunt, Ellsworth, Eskridge, Guthrie, Hagedorn, Hartgen, Henderson, Jaquet, Killen, King, Roll call resulted as follows: Lacey, Lake, Marriott, McGeachin, Nesset, Nielsen, Nonini, AYES – Anderson, Andrus, Barbieri, Barrett, Bateman, Patrick, Pence, Perry, Raybould, Ringo, Roberts, Rusche, Bayer, Bedke(Bedke), Bell, Bilbao, Black, Block, Bolz, Boyle, Schaefer, Shirley, Simpson, Sims, Smith(30), Stevenson, Buckner-Webb, Collins, Crane, Cronin, DeMordaunt, Ellsworth, Takasugi(Batt), Thayn, Thompson, Vander Woude, Wills, Eskridge, Gibbs(Wheeler), Guthrie, Hagedorn, Hart, Hartgen, Wood(27), Wood(35), Mr. Speaker. Total – 54. Harwood, Henderson, Killen, King, Lacey, Lake, Loertscher, NAYS – Andrus, Barbieri, Barrett, Gibbs(Wheeler), Luker, Marriott, McGeachin, McMillan, Moyle, Nesset, Nielsen, Hart, Harwood, Loertscher, Luker, McMillan, Moyle, Palmer, Nonini, Palmer, Patrick, Perry, Raybould, Roberts, Schaefer, Shepherd, Smith(24). Total – 13. Shepherd, Simpson, Sims, Smith(30), Smith(24), Stevenson, Absent and excused – Chadderdon(Chadderdon), Higgins, Takasugi(Batt), Thayn, Thompson, Vander Woude, Wills, Trail. Total – 3. Wood(27), Wood(35), Mr. Speaker. Total – 60. Total – 70. NAYS – Burgoyne, Jaquet, Pence, Ringo. Total – 4. Absent and excused – Chadderdon(Chadderdon), Chew, Whereupon the Speaker declared that H 204 passed the Higgins, Rusche, Shirley, Trail. Total – 6. House. Title was approved and the bill ordered transmitted to Total – 70. the Senate. Whereupon the Speaker declared HCR 20 adopted and H 206 was read the third time at length, section by section, ordered the resolution transmitted to the Senate. and placed before the House for final consideration. HJM 3 was read the third time at length and placed before At this time, the Speaker recognized Mr. Stevenson to open the House for final consideration. debate. The question being, "Shall H 206 pass?" At this time, the Speaker recognized Mr. Barbieri to open debate. Roll call resulted as follows: The question being, "Shall HJM 3 be adopted?" AYES – Anderson, Andrus, Barbieri, Barrett, Bateman, Bayer, Bedke(Bedke), Bell, Bilbao, Block, Bolz, Boyle, Roll call resulted as follows: Buckner-Webb, Burgoyne, Collins, Crane, Cronin, DeMordaunt, AYES – Anderson, Andrus, Barbieri, Barrett, Bateman, Ellsworth, Eskridge, Gibbs(Wheeler), Guthrie, Hagedorn, Hart, Bayer, Bedke(Bedke), Bell, Bilbao, Black, Block, Bolz, Hartgen, Harwood, Henderson, Jaquet, Killen, King, Lacey, Boyle, Buckner-Webb, Burgoyne, Collins, Crane, Cronin, Lake, Loertscher, Luker, Marriott, McMillan, Moyle, Nesset, DeMordaunt, Ellsworth, Eskridge, Gibbs(Wheeler), Guthrie, Nielsen, Nonini, Palmer, Patrick, Pence, Perry, Raybould, Hagedorn, Hart, Hartgen, Harwood, Henderson, Jaquet, Killen, Ringo, Roberts, Rusche, Schaefer, Shepherd, Shirley, Simpson, King, Lacey, Lake, Loertscher, Luker, Marriott, McGeachin, Sims, Smith(30), Smith(24), Stevenson, Takasugi(Batt), Thayn, McMillan, Moyle, Nesset, Nielsen, Nonini, Palmer, Patrick, Thompson, Vander Woude, Wills, Wood(27), Wood(35), Pence, Perry, Raybould, Roberts, Schaefer, Shepherd, Simpson, Mr. Speaker. Total – 64. Sims, Smith(30), Smith(24), Stevenson, Takasugi(Batt), Thayn, NAYS – None. Thompson, Vander Woude, Wills, Wood(27), Wood(35), Absent and excused – Black, Chadderdon(Chadderdon), Mr. Speaker. Total – 63. Chew, Higgins, McGeachin, Trail. Total – 6. NAYS – Ringo. Total – 1. Total – 70. Absent and excused – Chadderdon(Chadderdon), Chew, Whereupon the Speaker declared that H 206 passed the Higgins, Rusche, Shirley, Trail. Total – 6. House. Title was approved and the bill ordered transmitted to Total – 70. the Senate. Whereupon the Speaker declared HJM 3 adopted and HCR 19 was read the third time at length and placed before ordered the memorial transmitted to the Senate. the House for final consideration. Mr. Moyle asked unanimous consent that the remaining bills At this time, the Speaker recognized Mr. Thompson to open on the Third Reading Calendar retain their places until Monday, debate. March 14, 2011. There being no objection, it was so ordered. Pursuant to Rule 38(3), Mr. Simpson disclosed a conflict of There being no objection, the House returned to the Eighth interest regarding HCR 19. Order of Business. 186 HOUSE JOURNAL March 11, 2011]

Introduction, First Reading, and Reference EXCEPTION, TO REVISE THE AGGREGATE AMOUNT OF of Bills and Joint Resolutions ASSESSMENTS, THE FREQUENCY OF ASSESSMENTS AND WHEN ASSESSMENTS ARE DUE AND TO MAKE HOUSE BILL NO. 260 A TECHNICAL CORRECTION; AMENDING SECTION BY WAYS AND MEANS COMMITTEE 56-1511, IDAHO CODE, TO REMOVE AN EXCEPTION, AN ACT TO REVISE THE FREQUENCY OF ASSESSMENTS, TO RELATING TO MEDICAID; REPEALING SECTION REVISE A DEFINITION, TO REVISE THE YEAR IN 39-5606, IDAHO CODE, RELATING TO PAYMENT TO WHICH CERTAIN COST REPORTS SHALL BE APPLIED, BE MADE TO A PROVIDER; REPEALING SECTION TO PROVIDE WHAT INFORMATION IS TO BE USED 56-102, IDAHO CODE, RELATING TO PRINCIPLES OF UNDER CERTAIN CIRCUMSTANCES, TO REVISE THE PROSPECTIVE RATES AND PAYMENT; AMENDING TIME PERIOD IN WHICH AN ASSESSMENT PAYMENT SECTION 56-108, IDAHO CODE, TO REVISE A CODE IS DUE AND TO PROVIDE FOR CONSEQUENCES IF REFERENCE; REPEALING SECTION 56-113, IDAHO AN ASSESSMENT IS NOT TIMELY PAID; REPEALING CODE, RELATING TO INTERMEDIATE CARE FACILITIES SECTIONS 56-1504, 56-1505 AND 56-1511, IDAHO CODE, FOR PEOPLE WITH INTELLECTUAL DISABILITIES; RELATING TO THE NURSING FACILITY ASSESSMENT AMENDING SECTION 56-117, IDAHO CODE, TO REVISE FUND, NURSING FACILITY ASSESSMENTS AND CODE REFERENCES; AMENDING SECTION 56-118, ANNUAL NURSING FACILITY ASSESSMENT PAYMENTS; IDAHO CODE, TO REMOVE CERTAIN SERVICES AMENDING CHAPTER 15, TITLE 56, IDAHO CODE, BY FROM REIMBURSEMENT RATE REVIEW AND THE ADDITION OF NEW SECTIONS 56-1504, 56-1505 DETERMINATION, TO REMOVE AN ANNUAL REVIEW AND 56-1511, IDAHO CODE, TO PROVIDE FOR THE REQUIREMENT, TO PROVIDE FOR IMPLEMENTATION NURSING FACILITY ASSESSMENT FUND, NURSING OF A CERTAIN METHODOLOGY BY RULE, TO REMOVE FACILITY ASSESSMENTS AND ANNUAL NURSING CERTAIN MINIMUM METHODOLOGY REQUIREMENTS, FACILITY ASSESSMENT PAYMENTS; AMENDING TO REMOVE CERTAIN REPORTING REQUIREMENTS TITLE 56, IDAHO CODE, BY THE ADDITION OF A NEW AND TO REMOVE REFERENCE TO SUBSEQUENT RULES; CHAPTER 16, TITLE 56, IDAHO CODE, TO PROVIDE FOR REPEALING SECTION 56-136, IDAHO CODE, RELATING A SHORT TITLE AND FOR LEGISLATIVE INTENT, TO TO PHYSICIAN AND DENTIST REIMBURSEMENT; DEFINE TERMS, TO PROVIDE FOR THE INTERMEDIATE AMENDING SECTION 56-209g, IDAHO CODE, TO CARE FACILITY ASSESSMENT FUND, TO PROVIDE REMOVE AN OBSOLETE EFFECTIVE DATE, TO PROVIDE FOR INTERMEDIATE CARE FACILITY ASSESSMENTS, PAYMENT FOR DRUGS PURSUANT TO CERTAIN TO REQUIRE THE DEPARTMENT OF HEALTH AND CRITERIA, TO PROVIDE FOR METHODOLOGY, TO WELFARE TO SEEK NECESSARY FEDERAL APPROVAL, ESTABLISH THE AVERAGE ACQUISITION COST OF A TO PROVIDE FOR SEPARATE INTERMEDIATE CARE DRUG AND TO MAKE A TECHNICAL CORRECTION; FACILITY ASSESSMENTS FOR MULTIFACILITY AMENDING SECTION 56-255, IDAHO CODE, TO LOCATIONS, TO PROVIDE FOR THE TERMINATION PROVIDE FOR SERVICE REIMBURSEMENT WITHIN THE OF INTERMEDIATE CARE FACILITY ASSESSMENTS, APPROPRIATIONS PROVIDED BY LAW, TO PROVIDE TO PROVIDE FOR PENALTIES FOR FAILURE TO PAY FOR MENTAL HEALTH SERVICES TO BE DELIVERED THE INTERMEDIATE CARE FACILITY ASSESSMENT, BY PROVIDERS THAT MEET CERTAIN STANDARDS, TO TO PROVIDE FOR ANNUAL INTERMEDIATE CARE REVISE SPECIFIC HEALTH BENEFITS FOR PERSONS FACILITY ADJUSTMENT PAYMENTS AND TO PROVIDE WITH DISABILITIES OR SPECIAL HEALTH NEEDS, TO FOR RULEMAKING AUTHORITY; PROVIDING REVISE BENEFITS FOR ALL MEDICAID PARTICIPANTS SEVERABILITY; PROVIDING AN EFFECTIVE DATE AND AND TO MAKE A TECHNICAL CORRECTION; PROVIDING A SUNSET DATE. AMENDING SECTION 56-257, IDAHO CODE, TO PROVIDE FOR COPAYMENTS WITHIN THE LIMITS OF HOUSE BILL NO. 261 FEDERAL MEDICAID LAW AND REGULATION AND TO BY WAYS AND MEANS COMMITTEE REVISE WHAT MAY BE INCLUDED IN COPAYMENTS AN ACT ESTABLISHED BY THE DEPARTMENT OF HEALTH AND RELATING TO PUBLIC ASSISTANCE LAW; WELFARE; AMENDING CHAPTER 2, TITLE 56, IDAHO AMENDING CHAPTER 2, TITLE 56, IDAHO CODE, BY CODE, BY THE ADDITION OF NEW SECTIONS 56-260 THE ADDITION OF A NEW SECTION 56-205, IDAHO THROUGH 56-266, IDAHO CODE, TO PROVIDE A SHORT CODE, TO REQUIRE THAT THE STATE DEPARTMENT TITLE, TO PROVIDE FOR LEGISLATIVE FINDINGS OF HEALTH AND WELFARE OR ITS AUTHORIZED AND INTENT, TO PROVIDE FOR DEFINITIONS, TO AGENT ISSUES CERTAIN BENEFITS AS EVENLY AS IS PROVIDE FOR A MEDICAID MANAGED CARE PLAN, TO PRACTICABLE OVER THE COURSE OF A CERTAIN TIME PROVIDE FOR RULEMAKING AUTHORITY REGARDING FRAME. SPECIFIED SERVICES, TO PROVIDE FOR PROVIDER PAYMENT AND TO PROVIDE AUTHORIZATION TO HOUSE BILL NO. 262 OBTAIN FEDERAL APPROVAL; AMENDING SECTION BY WAYS AND MEANS COMMITTEE 56-1408, IDAHO CODE, TO REVISE EXEMPTIONS TO AN ACT THE HOSPITAL ASSESSMENT; AMENDING SECTION RELATING TO PUBLIC ASSISTANCE LAW; 56-1504, IDAHO CODE, TO REVISE A DATE ON WHICH AMENDING SECTION 56-211, IDAHO CODE, TO CERTAIN RATES ARE EFFECTIVE, TO PROVIDE A PROVIDE ADDITIONAL REQUIREMENTS RELATING RESTRICTION ON THE USE OF THE NURSING FACILITY TO AN APPLICATION FOR CERTAIN PUBLIC ASSESSMENT FUND, TO PROVIDE FOR USE OF THE ASSISTANCE, TO PROVIDE EXCEPTIONS, TO GRANT FUND FOR CERTAIN MATCHING PURPOSES AND THE STATE DEPARTMENT OF HEALTH AND WELFARE TO MAKE A TECHNICAL CORRECTION; AMENDING RULEMAKING AUTHORITY AND TO MAKE A SECTION 56-1505, IDAHO CODE, TO REMOVE AN TECHNICAL CORRECTION. [March 11, 2011 HOUSE JOURNAL 187

HOUSE BILL NO. 263 BY WAYS AND MEANS COMMITTEE AN ACT RELATING TO RESTRICTIONS ON PUBLIC BENEFITS; AMENDING CHAPTER 2, TITLE 56, IDAHO CODE, BY THE ADDITION OF A NEW SECTION 56-234, IDAHO CODE, TO PROVIDE IDENTIFICATION REQUIREMENTS FOR RECIPIENTS OF A CERTAIN PUBLIC BENEFIT AND TO PROVIDE AN EXCEPTION. H 260, H 261, H 262, and H 263 were introduced, read the first time by title, and referred to the Judiciary, Rules, and Administration Committee for printing. There being no objection, the House advanced to the Sixteenth Order of Business. Adjournment Mr. Moyle moved that the House adjourn until 9:30 a.m., Monday, March 14, 2011. Seconded by Mr. Cronin. Motion carried. Whereupon the Speaker declared the House adjourned at 11:46 a.m. LAWERENCE DENNEY, Speaker ATTEST: BONNIE ALEXANDER, Chief Clerk 188 HOUSE JOURNAL March 14, 2011]

OFFICE OF THE GOVERNOR Boise SIXTY-FOURTH LEGISLATIVE DAY March 11, 2011 MONDAY, MARCH 14, 2011 The Honorable Lawerence Denney Speaker of the House House of Representatives Dear Mr. Speaker: The House convened at 9:30 a.m., the Speaker in the Chair. I have the honor to advise you that I have signed today and Roll call showed all 70 members present. am transmitting to the Secretary of State the following House bill, to wit: Prayer was offered by Chaplain Tom Dougherty. H 87 The Pledge of Allegiance was led by Cara Pantone, Page. As Always - Idaho, "Esto Perpetua" /s/ C.L. "Butch" Otter Governor Approval of Journal March 14, 2011 March 11, 2011 Mr. Speaker: Mr. Speaker: We, your COMMITTEE ON JUDICIARY, RULES, AND I transmit herewith enrolled S 1110 for the signature of the ADMINISTRATION, report that we have read and approved the Speaker. House Journal of the Sixty-first Legislative Day and recommend WOOD, Secretary that same be adopted as corrected. The Speaker announced he was about to sign enrolled WILLS, Chairman S 1110 and, when so signed, ordered it returned to the Senate. Mr. Wills moved that the report be adopted. Seconded by March 11, 2011 Mr. Burgoyne. Report adopted. Mr. Speaker: I return herewith enrolled H 80, H 135, H 143, H 121, H 113, Consideration of Messages from the H 148, H 157, H 62, H 63, H 64, H 65, H 81, H 82, H 167, H 46, Governor and the Senate H 47, H 48, and H 49 which have been signed by the President. WOOD, Secretary OFFICE OF THE GOVERNOR Enrolled H 80, H 135, H 143, H 121, H 113, H 148, Boise H 157, H 62, H 63, H 64, H 65, H 81, H 82, H 167, H 46, March 8, 2011 H 47, H 48, and H 49 were referred to the Judiciary, Rules, and Administration Committee for delivery to the Governor. The Honorable Lawerence Denney Speaker of the House March 11, 2011 Mr. Speaker: Dear Mr. Speaker: I transmit herewith S 1070, as amended, S 1140, S 1141, I have the honor to advise you that I have signed today and S 1142, S 1132, S 1130, S 1139, S 1129, S 1150, S 1151, S 1152, am transmitting to the Secretary of State the following House bill, and S 1153 which have passed the Senate. to wit: WOOD, Secretary H 51 S 1070, as amended, S 1140, S 1141, S 1142, S 1132, S 1130, As Always - Idaho, "Esto Perpetua" S 1139, S 1129, S 1150, S 1151, S 1152, and S 1153 were filed /s/ C.L. "Butch" Otter for first reading. Governor March 11, 2011 OFFICE OF THE GOVERNOR Mr. Speaker: Boise I return herewith H 203, H 158, H 85, H 153, H 152, H 108, and H 109 which have passed the Senate. March 11, 2011 WOOD, Secretary The Honorable Lawerence Denney H 203, H 158, H 85, H 153, H 152, H 108, and H 109 were Speaker of the House referred to the Judiciary, Rules, and Administration Committee for enrolling. [March 14, 2011 HOUSE JOURNAL 189

Report of Standing Committees Be It Resolved by the Legislature of the State of Idaho:

March 14, 2011 WHEREAS, the Legislature is vested with authority to reject Mr. Speaker: executive agency rules under the provisions of Section 67-5291, We, your COMMITTEE ON JUDICIARY, RULES, AND Idaho Code, in the event that the Legislature finds that the rules ADMINISTRATION, report that we have printed H 250, H 251, are not consistent with legislative intent; and H 252, H 253, H 254, H 255, H 256, H 257, H 258, H 259, WHEREAS, it is the finding of the Legislature that certain H 260, H 261, H 262, and H 263. rules of the Department of Agriculture relating to Rules WILLS, Chairman Governing Domestic Cervidae are not consistent with legislative H 250 was referred to the Revenue and Taxation Committee. intent and should be rejected. NOW, THEREFORE, BE IT RESOLVED by the members of H 251, H 252, H 253, H 254, H 257, H 258, and H 259 were the First Regular Session of the Sixty-first Idaho Legislature, the filed for second reading. House of Representatives and the Senate concurring therein, that IDAPA 02.04.19, Department of Agriculture, Rules Governing H 255 was referred to the Ways and Means Committee. Domestic Cervidae, Section 010, Subsection 034, relating to H 256 was referred to the Business Committee. the definition of "Individual CWD Herd Plan," Section 010, Subsection 044, relating to the definition of "Ranch Management H 260, H 261, H 262, and H 263 were referred to the Health Plan," Section 209, relating to Ranch Management Plan, and and Welfare Committee. Section 505, relating to Duration of CWD Quarantine, only, adopted as pending rules under Docket Number 02-0419-1001, March 14, 2011 be, and the same are hereby rejected and declared null, void and Mr. Speaker: of no force and effect. We, your COMMITTEE ON JUDICIARY, RULES, AND ADMINISTRATION, report that we have enrolled HCR 18. HCR 24 was introduced, read the first time by title, and WILLS, Chairman referred to the Judiciary, Rules, and Administration Committee for printing. The Speaker announced he was about to sign enrolled HCR 18 and, when so signed, ordered it transmitted to the Senate for the signature of the President. Introduction, First Reading, and Reference March 11, 2011 of Bills and Joint Resolutions Mr. Speaker: We, your COMMITTEE ON STATE AFFAIRS, report HOUSE BILL NO. 264 that we have had under consideration H 191 and S 1114 and BY STATE AFFAIRS COMMITTEE recommend that they do pass. AN ACT LOERTSCHER, Chairman RELATING TO VETERAN PREFERENCES; AMENDING SECTION 65-502, IDAHO CODE, TO REVISE DEFINITIONS H 191 and S 1114 were filed for second reading. AND TO DEFINE TERMS; AMENDING SECTION 65-503, IDAHO CODE, TO REVISE VERBIAGE RELATING March 11, 2011 TO PREFERENCES, TO PROVIDE A CORRECT CODE Mr. Speaker: REFERENCE AND TO REMOVE PROVISIONS RELATING We, your COMMITTEE ON EDUCATION, report that we TO EMPLOYER OBLIGATIONS RELATING TO VETERAN have had under consideration H 201 and recommend that it do PREFERENCES; AMENDING CHAPTER 5, TITLE 65, pass. IDAHO CODE, BY THE ADDITION OF A NEW SECTION NONINI, Chairman 65-503A, IDAHO CODE, TO PROVIDE FOR EMPLOYER H 201 was filed for second reading. OBLIGATIONS RELATING TO VETERAN PREFERENCES; AMENDING SECTION 65-504, IDAHO CODE, TO REVISE March 11, 2011 PROVISIONS RELATING TO APPLICANTS WHO ARE Mr. Speaker: PREFERENCE ELIGIBLE, TO PROVIDE FOR THE We, your COMMITTEE ON JUDICIARY, RULES, APPLICATION OF PREFERENCE IN CIVIL SERVICE AND ADMINISTRATION, report that we have had under POSITIONS, TO REVISE PROVISIONS RELATING TO consideration H 227 and report it back with amendments attached THE ADDITION OF POINTS TO EARNED RATINGS, to be placed on General Orders for consideration. TO REVISE PROVISIONS RELATING TO PLACEMENT WILLS, Chairman ON THE REGISTER AND TO REVISE PROVISIONS RELATING TO VETERANS DISCHARGED UNDER H 227 was placed on General Orders for consideration. HONORABLE CONDITIONS WHO HAVE CERTAIN There being no objection, the House advanced to the Seventh SERVICE-CONNECTED DISABILITIES; AMENDING Order of Business. SECTION 65-506, IDAHO CODE, TO REVISE VERBIAGE RELATING TO APPEALS, TO PROVIDE FOR NOTICE OF Motions, Memorials, and Resolutions APPEAL, TO PROVIDE THAT CERTAIN APPLICANTS MAY FILE APPEALS DIRECTLY AND TO PROVIDE FOR HOUSE CONCURRENT RESOLUTION NO. 24 COMMENCEMENT OF THE THIRTY-FIVE DAY PERIOD OF BY STATE AFFAIRS COMMITTEE APPEAL; AND AMENDING CHAPTER 5, TITLE 65, IDAHO A CONCURRENT RESOLUTION CODE, BY THE ADDITION OF A NEW SECTION 65-512, STATING FINDINGS OF THE LEGISLATURE AND IDAHO CODE, TO PROVIDE FOR CERTAIN EDUCATION REJECTING CERTAIN RULES OF THE DEPARTMENT AND TECHNICAL ASSISTANCE BY THE DIVISION OF OF AGRICULTURE RELATING TO RULES GOVERNING VETERANS SERVICES AND THE DEPARTMENT OF DOMESTIC CERVIDAE. LABOR. 190 HOUSE JOURNAL March 14, 2011]

HOUSE BILL NO. 265 H 228, by Ways and Means Committee, was read the second BY STATE AFFAIRS COMMITTEE time by title and filed for third reading. AN ACT RELATING TO A MORATORIUM ON CERTAIN Third Reading of Bills and Joint Resolutions INDUSTRIAL WIND FARMS AND WIND TURBINES FOR H 244 was read the third time at length, section by section, A TIME CERTAIN; AMENDING TITLE 61, IDAHO CODE, and placed before the House for final consideration. BY THE ADDITION OF A NEW CHAPTER 18, TITLE 61, IDAHO CODE, TO PROVIDE LEGISLATIVE FINDINGS At this time, the Speaker recognized Ms. Jaquet to open AND INTENT, TO PROVIDE A MORATORIUM FOR A debate. TIME CERTAIN ON THE PERMITTING OR LICENSING OR CONSTRUCTION OF CERTAIN INDUSTRIAL WIND The question being, "Shall H 244 pass?" FARMS AND WIND TURBINES AND TO PROVIDE FOR AN UPDATE TO THE IDAHO ENERGY PLAN; DECLARING Roll call resulted as follows: AN EMERGENCY AND PROVIDING A SUNSET DATE. AYES – Anderson, Andrus, Bateman, Bayer, Bedke, Bell, Bilbao, Black, Block, Bolz, Boyle, Buckner-Webb, Burgoyne, HOUSE BILL NO. 266 Chadderdon(Chadderdon), Chew, Collins, Crane, Cronin, BY EDUCATION COMMITTEE DeMordaunt, Ellsworth, Eskridge, Gibbs(Wheeler), Guthrie, AN ACT Hagedorn, Hartgen, Henderson, Higgins, Jaquet, Killen, King, RELATING TO THE HEALTH CARE TRANSPARENCY Lacey, Lake, Luker, Marriott, McGeachin, Moyle, Nesset, ACT; PROVIDING A SHORT TITLE; PROVIDING Nonini, Palmer, Patrick, Pence, Perry, Raybould, Ringo, LEGISLATIVE INTENT; AND AMENDING CHAPTER 2, Roberts, Rusche, Shepherd, Shirley, Sims, Smith(30), Smith(24), TITLE 41, IDAHO CODE, BY THE ADDITION OF A NEW Stevenson, Takasugi(Batt), Thompson, Trail, Vander Woude, SECTION 41-241, IDAHO CODE, TO PROVIDE THAT Wills, Wood(27), Mr. Speaker. Total – 59. THE DIRECTOR OF THE DEPARTMENT OF INSURANCE NAYS – Barbieri, Barrett, Hart, Harwood, Loertscher, SHALL ESTABLISH A WEBSITE FOR HEALTH CARE McMillan, Nielsen, Schaefer, Simpson, Thayn, Wood(35). DATA, TO PROVIDE WHAT SHALL BE ON THE WEBSITE Total – 11. AND TO DEFINE TERMS. Total – 70. Whereupon the Speaker declared that H 244 passed the HOUSE BILL NO. 267 House. Title was approved and the bill ordered transmitted to BY EDUCATION COMMITTEE the Senate. AN ACT RELATING TO PUBLIC RECORDS; AMENDING H 245 was read the third time at length, section by section, SECTION 9-337, IDAHO CODE, TO REVISE THE and placed before the House for final consideration. DEFINITION OF "STATE AGENCY." At this time, the Speaker recognized Ms. Jaquet to open H 264, H 265, H 266, and H 267 were introduced, read debate. the first time by title, and referred to the Judiciary, Rules, and Administration Committee for printing. The question being, "Shall H 245 pass?"

S 1070, as amended, S 1130, and S 1129, by State Affairs Roll call resulted as follows: Committee, were introduced, read the first time by title, and AYES – Anderson, Andrus, Barrett, Bateman, Bedke, Bell, referred to the State Affairs Committee. Bilbao, Black, Block, Bolz, Boyle, Buckner-Webb, Burgoyne, Chadderdon(Chadderdon), Chew, Collins, Crane, Cronin, S 1140, S 1141, S 1142, S 1150, S 1151, S 1152, and S 1153, Ellsworth, Eskridge, Gibbs(Wheeler), Guthrie, Hagedorn, Hart, by Finance Committee, were introduced, read the first time by Hartgen, Henderson, Higgins, Jaquet, Killen, King, Lacey, Lake, title, and filed for second reading. Luker, Marriott, Moyle, Nesset, Patrick, Pence, Raybould, Ringo, S 1132, by Judiciary and Rules Committee, was introduced, Roberts, Rusche, Shepherd, Shirley, Simpson, Sims, Smith(30), read the first time by title, and referred to the Judiciary, Rules, Smith(24), Stevenson, Takasugi(Batt), Thompson, Trail, Wills, and Administration Committee. Wood(27), Wood(35), Mr. Speaker. Total – 56. NAYS – Barbieri, Bayer, DeMordaunt, Harwood, McMillan, S 1139, by Judiciary and Rules Committee, was introduced, Nielsen, Nonini, Palmer, Perry, Schaefer, Thayn, Vander Woude. read the first time by title, and referred to the Commerce and Total – 12. Human Resources Committee. Absent and excused – Loertscher, McGeachin. Total – 2. Total – 70. There being no objection, the House advanced to the Tenth Order of Business. Whereupon the Speaker declared that H 245 passed the House. Title was approved and the bill ordered transmitted to Second Reading of Bills and Joint Resolutions the Senate. HCR 23 and H 222, by State Affairs Committee, were read H 236 was read the third time at length, section by section, the second time by title and filed for third reading. and placed before the House for final consideration. H 248 and H 249, by Appropriations Committee, were read At this time, the Speaker recognized Mr. Nonini to open the second time by title and filed for third reading. debate. SCR 104, S 1123, as amended, and S 1127, by State Affairs Mr. Nonini asked unanimous consent that, pursuant to Committee, were read the second time by title and filed for third Rule 22, discussion of H 35 be allowed in debate of H 236. reading. There being no objection it was so ordered. [March 14, 2011 HOUSE JOURNAL 191

The question being, "Shall H 236 pass?" Thompson, Trail, Vander Woude, Wills, Wood(27), Wood(35), Mr. Speaker. Total – 70. Roll call resulted as follows: NAYS – None. AYES – Anderson, Andrus, Barbieri, Bateman, Bayer, Bedke, Bell, Bilbao, Black, Block, Bolz, Boyle, Buckner-Webb, Whereupon the Speaker declared that H 226 passed the Burgoyne, Chadderdon(Chadderdon), Chew, Collins, Crane, House. Title was approved and the bill ordered transmitted to Cronin, DeMordaunt, Ellsworth, Eskridge, Gibbs(Wheeler), the Senate. Guthrie, Hagedorn, Hart, Hartgen, Harwood, Henderson, Higgins, Jaquet, Killen, King, Lacey, Lake, Loertscher, Marriott, H 235 was read the third time at length, section by section, McGeachin, McMillan, Nesset, Nonini, Palmer, Patrick, Pence, and placed before the House for final consideration. Perry, Raybould, Ringo, Rusche, Shepherd, Shirley, Simpson, At this time, the Speaker recognized Mr. Wills to open Sims, Smith(30), Smith(24), Stevenson, Takasugi(Batt), Thayn, debate. Thompson, Trail, Vander Woude, Wills, Wood(35). Total – 62. NAYS – Barrett, Luker, Moyle, Nielsen, Schaefer, Wood(27), The question being, "Shall H 235 pass?" Mr. Speaker. Total – 7. Absent and excused – Roberts. Total – 1. Roll call resulted as follows: Total – 70. AYES – Anderson, Andrus, Barbieri, Barrett, Bateman, Whereupon the Speaker declared that H 236 passed the Bayer, Bedke, Bell, Bilbao, Black, Block, Bolz, Boyle, House. Title was approved and the bill ordered transmitted to Buckner-Webb, Burgoyne, Chadderdon(Chadderdon), Chew, the Senate. Collins, Crane, Cronin, DeMordaunt, Ellsworth, Eskridge, Gibbs(Wheeler), Guthrie, Hagedorn, Hart, Hartgen, Harwood, H 225 was read the third time at length, section by section, Henderson, Higgins, Jaquet, Killen, King, Lacey, Lake, and placed before the House for final consideration. Loertscher, Luker, Marriott, McGeachin, McMillan, Moyle, Nesset, Nielsen, Nonini, Palmer, Patrick, Pence, Perry, Raybould, At this time, the Speaker recognized Ms. McMillan to open Ringo, Roberts, Rusche, Schaefer, Shepherd, Shirley, Simpson, debate. Sims, Smith(30), Stevenson, Takasugi(Batt), Thayn, Thompson, Trail, Vander Woude, Wills, Wood(27), Wood(35), Mr. Speaker. The question being, "Shall H 225 pass?" Total – 69. NAYS – None. Roll call resulted as follows: Absent and excused – Smith(24). Total – 1. AYES – Anderson, Andrus, Barbieri, Barrett, Bateman, Total – 70. Bayer, Bedke, Bell, Bilbao, Black, Block, Bolz, Boyle, Buckner-Webb, Burgoyne, Chadderdon(Chadderdon), Chew, Whereupon the Speaker declared that H 235 passed the Collins, Crane, Cronin, DeMordaunt, Ellsworth, Eskridge, House. Title was approved and the bill ordered transmitted to Gibbs(Wheeler), Guthrie, Hagedorn, Hart, Hartgen, Harwood, the Senate. Henderson, Higgins, Jaquet, Killen, King, Lacey, Loertscher, Luker, Marriott, McGeachin, McMillan, Moyle, Nesset, Nielsen, H 205 was read the third time at length, section by section, Nonini, Palmer, Patrick, Pence, Perry, Raybould, Ringo, Roberts, and placed before the House for final consideration. Rusche, Schaefer, Shepherd, Shirley, Simpson, Sims, Smith(30), Smith(24), Stevenson, Takasugi(Batt), Thayn, Thompson, Trail, At this time, the Speaker recognized Mr. Shirley to open Vander Woude, Wills, Wood(27), Wood(35), Mr. Speaker. debate. Total – 69. NAYS – Lake. Total – 1. The question being, "Shall H 205 pass?" Total – 70. Roll call resulted as follows: Whereupon the Speaker declared that H 225 passed the AYES – Anderson, Andrus, Barbieri, Barrett, Bateman, House. Title was approved and the bill ordered transmitted to Bayer, Bedke, Bell, Bilbao, Black, Block, Bolz, Boyle, Burgoyne, the Senate. Chadderdon(Chadderdon), Collins, Crane, Cronin, DeMordaunt, Ellsworth, Eskridge, Gibbs(Wheeler), Guthrie, Hagedorn, Hart, H 226 was read the third time at length, section by section, Hartgen, Harwood, Henderson, Higgins, Jaquet, Lacey, Lake, and placed before the House for final consideration. Loertscher, Luker, Marriott, McGeachin, McMillan, Moyle, At this time, the Speaker recognized Mr. Killen to open Nesset, Nielsen, Nonini, Palmer, Patrick, Pence, Perry, Raybould, debate. Roberts, Schaefer, Shepherd, Shirley, Simpson, Sims, Smith(30), Smith(24), Stevenson, Takasugi(Batt), Thayn, Thompson, The question being, "Shall H 226 pass?" Vander Woude, Wills, Wood(27), Wood(35), Mr. Speaker. Total – 63. Roll call resulted as follows: NAYS – Buckner-Webb, Chew, Killen, King, Ringo, Rusche, AYES – Anderson, Andrus, Barbieri, Barrett, Bateman, Trail. Total – 7. Bayer, Bedke, Bell, Bilbao, Black, Block, Bolz, Boyle, Total – 70. Buckner-Webb, Burgoyne, Chadderdon(Chadderdon), Chew, Collins, Crane, Cronin, DeMordaunt, Ellsworth, Eskridge, Whereupon the Speaker declared that H 205 passed the Gibbs(Wheeler), Guthrie, Hagedorn, Hart, Hartgen, Harwood, House. Title was approved and the bill ordered transmitted to Henderson, Higgins, Jaquet, Killen, King, Lacey, Lake, the Senate. Loertscher, Luker, Marriott, McGeachin, McMillan, Moyle, Nesset, Nielsen, Nonini, Palmer, Patrick, Pence, Perry, Raybould, H 142, as amended in the Senate, was read the third time at Ringo, Roberts, Rusche, Schaefer, Shepherd, Shirley, Simpson, length, section by section, and placed before the House for final Sims, Smith(30), Smith(24), Stevenson, Takasugi(Batt), Thayn, consideration. 192 HOUSE JOURNAL March 14, 2011]

At this time, the Speaker recognized Mr. Eskridge to open Gibbs(Wheeler), Guthrie, Hagedorn, Hart, Hartgen, Harwood, debate. Henderson, Higgins, Jaquet, Killen, King, Lacey, Lake, Loertscher, Luker, Marriott, McGeachin, McMillan, Moyle, The question being, "Shall H 142, as amended in the Nesset, Nielsen, Nonini, Palmer, Patrick, Pence, Perry, Raybould, Senate, pass?" Ringo, Roberts, Rusche, Schaefer, Shepherd, Shirley, Simpson, Sims, Smith(30), Smith(24), Stevenson, Takasugi(Batt), Thayn, Roll call resulted as follows: Trail, Vander Woude, Wills, Wood(27), Wood(35), Mr. Speaker. AYES – Anderson, Andrus, Barbieri, Barrett, Bateman, Total – 69. Bayer, Bedke, Bell, Bilbao, Black, Block, Bolz, Boyle, NAYS – None. Buckner-Webb, Burgoyne, Chadderdon(Chadderdon), Chew, Absent and excused – Thompson. Total – 1. Collins, Crane, Cronin, DeMordaunt, Ellsworth, Eskridge, Total – 70. Gibbs(Wheeler), Guthrie, Hagedorn, Hart, Hartgen, Harwood, Henderson, Higgins, Jaquet, Killen, King, Lacey, Lake, Whereupon the Speaker declared that S 1020 passed the Loertscher, Luker, Marriott, McGeachin, McMillan, Moyle, House. Title was approved and the bill ordered returned to the Nesset, Nielsen, Nonini, Palmer, Patrick, Pence, Perry, Raybould, Senate. Ringo, Roberts, Rusche, Schaefer, Shepherd, Shirley, Simpson, Sims, Smith(30), Smith(24), Stevenson, Takasugi(Batt), Thayn, S 1081 was read the third time at length, section by section, Trail, Vander Woude, Wills, Wood(27), Wood(35), Mr. Speaker. and placed before the House for final consideration. Total – 69. NAYS – None. At this time, the Speaker recognized Ms. Chew to open Absent and excused – Thompson. Total – 1. debate. Total – 70. The question being, "Shall S 1081 pass?" Whereupon the Speaker declared H 142, as amended in the Senate, passed the House. Title was approved and the bill Roll call resulted as follows: referred to the Judiciary, Rules, and Administration Committee AYES – Andrus, Barbieri, Barrett, Bateman, Bayer, Bedke, for enrolling. Bell, Bilbao, Black, Block, Bolz, Boyle, Buckner-Webb, Burgoyne, Chadderdon(Chadderdon), Chew, Collins, Crane, HCR 21 was read the third time at length and placed before Cronin, DeMordaunt, Ellsworth, Eskridge, Gibbs(Wheeler), the House for final consideration. Guthrie, Hagedorn, Hart, Hartgen, Henderson, Higgins, Jaquet, Killen, King, Lacey, Lake, Loertscher, Luker, Marriott, At this time, the Speaker recognized Ms. Block to open McGeachin, McMillan, Nesset, Nielsen, Nonini, Palmer, Patrick, debate. Pence, Perry, Raybould, Ringo, Roberts, Rusche, Shepherd, The question being, "Shall HCR 21 be adopted?" Shirley, Simpson, Sims, Smith(30), Smith(24), Stevenson, Takasugi(Batt), Thayn, Trail, Vander Woude, Wood(27), Roll call resulted as follows: Mr. Speaker. Total – 63. AYES – Anderson, Andrus, Barbieri, Barrett, Bateman, NAYS – Harwood, Moyle, Schaefer, Wood(35). Total – 4. Bayer, Bedke, Bell, Bilbao, Black, Block, Bolz, Boyle, Absent and excused – Anderson, Thompson, Wills. Total – 3. Buckner-Webb, Burgoyne, Chadderdon(Chadderdon), Chew, Total – 70. Collins, Crane, Cronin, DeMordaunt, Ellsworth, Eskridge, Whereupon the Speaker declared that S 1081 passed the Gibbs(Wheeler), Guthrie, Hagedorn, Hartgen, Harwood, House. Title was approved and the bill ordered returned to the Henderson, Higgins, Jaquet, Killen, King, Lacey, Lake, Senate. Loertscher, Luker, Marriott, McGeachin, McMillan, Moyle, Nesset, Nielsen, Nonini, Palmer, Patrick, Pence, Perry, Raybould, Ringo, Roberts, Schaefer, Shepherd, Shirley, Simpson, Sims, S 1082 was read the third time at length, section by section, Smith(30), Smith(24), Stevenson, Takasugi(Batt), Thayn, Trail, and placed before the House for final consideration. Vander Woude, Wills, Wood(27), Wood(35), Mr. Speaker. Total – 67. At this time, the Speaker recognized Mr. Wood(27) to open NAYS – Rusche. Total – 1. debate. Absent and excused – Hart, Thompson. Total – 2. Total – 70. The question being, "Shall S 1082 pass?"

Whereupon the Speaker declared HCR 21 adopted and Roll call resulted as follows: ordered the resolution transmitted to the Senate. AYES – Anderson, Andrus, Barbieri, Barrett, Bateman, Bayer, Bedke, Bell, Bilbao, Black, Block, Bolz, Boyle, S 1020 was read the third time at length, section by section, Buckner-Webb, Burgoyne, Chadderdon(Chadderdon), Chew, and placed before the House for final consideration. Collins, Crane, Cronin, DeMordaunt, Ellsworth, Eskridge, At this time, the Speaker recognized Mr. Nesset to open Gibbs(Wheeler), Guthrie, Hagedorn, Hart, Hartgen, Henderson, debate. Higgins, Jaquet, Killen, King, Lacey, Lake, Loertscher, Luker, Marriott, McGeachin, McMillan, Moyle, Nesset, Nielsen, The question being, "Shall S 1020 pass?" Nonini, Palmer, Patrick, Pence, Perry, Raybould, Ringo, Roberts, Rusche, Schaefer, Shepherd, Shirley, Simpson, Sims, Roll call resulted as follows: Smith(30), Smith(24), Stevenson, Takasugi(Batt), Thayn, Trail, AYES – Anderson, Andrus, Barbieri, Barrett, Bateman, Vander Woude, Wood(27), Wood(35), Mr. Speaker. Total – 67. Bayer, Bedke, Bell, Bilbao, Black, Block, Bolz, Boyle, NAYS – Harwood. Total – 1. Buckner-Webb, Burgoyne, Chadderdon(Chadderdon), Chew, Absent and excused – Thompson, Wills. Total – 2. Collins, Crane, Cronin, DeMordaunt, Ellsworth, Eskridge, Total – 70. [March 14, 2011 HOUSE JOURNAL 193

Whereupon the Speaker declared that S 1082 passed the At this time, the Speaker recognized Mrs. Ringo to open House. Title was approved and the bill ordered returned to the debate. Senate. The question being, "Shall S 1018 pass?" S 1083 was read the third time at length, section by section, and placed before the House for final consideration. Roll call resulted as follows: AYES – Anderson, Andrus, Barbieri, Barrett, Bateman, At this time, the Speaker recognized Ms. Chew to open Bayer, Bedke, Bell, Bilbao, Black, Block, Bolz, Boyle, debate. Buckner-Webb, Burgoyne, Chadderdon(Chadderdon), Chew, The question being, "Shall S 1083 pass?" Collins, Crane, Cronin, DeMordaunt, Ellsworth, Eskridge, Gibbs(Wheeler), Guthrie, Hagedorn, Hart, Hartgen, Henderson, Roll call resulted as follows: Higgins, Jaquet, Killen, King, Lacey, Lake, Loertscher, Luker, AYES – Anderson, Bilbao, Bolz, Buckner-Webb, Chew, Marriott, McGeachin, McMillan, Nesset, Nielsen, Nonini, Cronin, Eskridge, Guthrie, Henderson, Higgins, Jaquet, Killen, Palmer, Pence, Perry, Raybould, Ringo, Roberts, Rusche, King, Lacey, McGeachin, Nesset, Pence, Ringo, Roberts, Schaefer, Shepherd, Shirley, Simpson, Sims, Smith(30), Rusche, Smith(30), Smith(24), Trail, Vander Woude, Wood(27), Smith(24), Stevenson, Takasugi(Batt), Thayn, Thompson, Trail, Mr. Speaker. Total – 26. Vander Woude, Wills, Wood(27), Mr. Speaker. Total – 66. NAYS – Andrus, Barbieri, Barrett, Bateman, Bayer, Bedke, NAYS – Moyle. Total – 1. Bell, Black, Block, Boyle, Burgoyne, Chadderdon(Chadderdon), Absent and excused – Harwood, Patrick, Wood(35). Collins, Crane, DeMordaunt, Ellsworth, Gibbs(Wheeler), Total – 3. Hagedorn, Hart, Hartgen, Harwood, Lake, Loertscher, Luker, Total – 70. Marriott, McMillan, Moyle, Nielsen, Nonini, Palmer, Patrick, Perry, Raybould, Schaefer, Shepherd, Shirley, Simpson, Sims, Whereupon the Speaker declared that S 1018 passed the Stevenson, Takasugi(Batt), Thayn, Thompson, Wills, Wood(35). House. Title was approved and the bill ordered returned to the Total – 44. Senate. Total – 70. S 1019 was read the third time at length, section by section, Whereupon the Speaker declared that S 1083 failed to pass and placed before the House for final consideration. the House and ordered the bill returned to the Senate. At this time, the Speaker recognized Mr. Loertscher to open S 1066 was read the third time at length, section by section, debate. and placed before the House for final consideration. The question being, "Shall S 1019 pass?" At this time, the Speaker recognized Ms. Pence to open debate. Roll call resulted as follows: AYES – Anderson, Andrus, Barbieri, Barrett, Bateman, The question being, "Shall S 1066 pass?" Bayer, Bedke, Bell, Bilbao, Black, Block, Bolz, Boyle, Buckner-Webb, Burgoyne, Chadderdon(Chadderdon), Chew, Roll call resulted as follows: Collins, Crane, Cronin, DeMordaunt, Ellsworth, Eskridge, AYES – Anderson, Andrus, Bateman, Bayer, Bedke, Bell, Gibbs(Wheeler), Guthrie, Hagedorn, Hart, Hartgen, Harwood, Bilbao, Black, Block, Bolz, Boyle, Buckner-Webb, Burgoyne, Henderson, Higgins, Jaquet, Killen, King, Lacey, Lake, Chadderdon(Chadderdon), Chew, Collins, Crane, Cronin, Loertscher, Luker, Marriott, McGeachin, McMillan, Moyle, DeMordaunt, Ellsworth, Eskridge, Gibbs(Wheeler), Guthrie, Nesset, Nielsen, Nonini, Palmer, Pence, Perry, Raybould, Hagedorn, Hartgen, Henderson, Higgins, Jaquet, Killen, King, Ringo, Roberts, Rusche, Schaefer, Shepherd, Shirley, Simpson, Lacey, Lake, Loertscher, Luker, Marriott, McGeachin, Moyle, Sims, Smith(30), Smith(24), Stevenson, Takasugi(Batt), Thayn, Nesset, Nielsen, Nonini, Palmer, Patrick, Pence, Perry, Raybould, Thompson, Trail, Vander Woude, Wills, Wood(27), Wood(35), Ringo, Roberts, Rusche, Shepherd, Shirley, Simpson, Smith(30), Mr. Speaker. Total – 69. Smith(24), Stevenson, Takasugi(Batt), Thayn, Thompson, Trail, NAYS – None. Vander Woude, Wills, Wood(27), Mr. Speaker. Total – 62. Absent and excused – Patrick. Total – 1. NAYS – Barbieri, Barrett, Hart, Harwood, McMillan, Sims, Total – 70. Wood(35). Total – 7. Absent and excused – Schaefer. Total – 1. Whereupon the Speaker declared that S 1019 passed the Total – 70. House. Title was approved and the bill ordered returned to the Senate. Whereupon the Speaker declared that S 1066 passed the House. Title was approved and the bill ordered returned to the S 1074 was read the third time at length, section by section, Senate. and placed before the House for final consideration. S 1111 was read the third time at length, section by section, At this time, the Speaker recognized Mr. Rusche to open and placed before the House for final consideration. debate. At this time, the Speaker recognized Mr. DeMordaunt to The question being, "Shall S 1074 pass?" open debate. Mr. Nonini asked unanimous consent that S 1111 be returned Roll call resulted as follows: to the Education Committee. There being no objection, it was so AYES – Anderson, Andrus, Barbieri, Barrett, Bateman, ordered. Bayer, Bedke, Bell, Bilbao, Black, Block, Bolz, Boyle, Buckner-Webb, Burgoyne, Chadderdon(Chadderdon), Chew, S 1018 was read the third time at length, section by section, Collins, Crane, Cronin, DeMordaunt, Ellsworth, Eskridge, and placed before the House for final consideration. Gibbs(Wheeler), Guthrie, Hagedorn, Hart, Hartgen, Harwood, 194 HOUSE JOURNAL March 14, 2011]

Henderson, Higgins, Jaquet, Killen, King, Lacey, Loertscher, Whereupon the Speaker declared that S 1116 passed the Luker, Marriott, McGeachin, McMillan, Moyle, Nesset, Nielsen, House. Title was approved and the bill ordered returned to the Nonini, Palmer, Pence, Perry, Raybould, Ringo, Roberts, Senate. Rusche, Schaefer, Shepherd, Shirley, Simpson, Sims, Smith(30), Smith(24), Stevenson, Takasugi(Batt), Thayn, Thompson, Trail, Mr. Roberts asked unanimous consent that the remaining Vander Woude, Wills, Wood(27), Wood(35), Mr. Speaker. bills on the Third Reading Calendar retain their places for one Total – 68. legislative day. There being no objection, it was so ordered. NAYS – None. Absent and excused – Lake, Patrick. Total – 2. There being no objection, the House returned to the Eighth Total – 70. Order of Business. Whereupon the Speaker declared that S 1074 passed the Introduction, First Reading, and Reference House. Title was approved and the bill ordered returned to the of Bills and Joint Resolutions Senate. HOUSE BILL NO. 268 S 1096 was read the third time at length, section by section, BY WAYS AND MEANS COMMITTEE and placed before the House for final consideration. AN ACT RELATING TO EMINENT DOMAIN; AMENDING At this time, the Speaker recognized Ms. Ellsworth to open SECTION 7-701, IDAHO CODE, TO PROVIDE THAT debate. CERTAIN ENTITIES EXERCISING THE RIGHT OF EMINENT DOMAIN IN BEHALF OF CERTAIN PUBLIC The question being, "Shall S 1096 pass?" USES SHALL DEMONSTRATE THAT SUCH USE MATERIALLY SERVES THE INTERESTS OF THE Roll call resulted as follows: CITIZENS OF IDAHO AND TO MAKE TECHNICAL AYES – Anderson, Andrus, Barbieri, Barrett, Bateman, CORRECTIONS. Bayer, Bedke, Bell, Bilbao, Black, Block, Bolz, Boyle, Buckner-Webb, Burgoyne, Chadderdon(Chadderdon), Chew, HOUSE BILL NO. 269 Collins, Crane, Cronin, DeMordaunt, Ellsworth, Eskridge, BY WAYS AND MEANS COMMITTEE Gibbs(Wheeler), Guthrie, Hagedorn, Hart, Hartgen, Harwood, AN ACT Henderson, Higgins, Killen, King, Lacey, Loertscher, Luker, RELATING TO DAIRIES; AMENDING SECTION Marriott, McGeachin, McMillan, Moyle, Nesset, Nielsen, 37-401, IDAHO CODE, TO PROVIDE THAT NUTRIENT Nonini, Palmer, Patrick, Pence, Perry, Raybould, Ringo, MANAGEMENT PLANS AND ALL INFORMATION Roberts, Rusche, Shepherd, Shirley, Simpson, Sims, Smith(30), GENERATED BY DAIRIES AS A RESULT OF SUCH Smith(24), Stevenson, Takasugi(Batt), Thayn, Thompson, Trail, PLANS SHALL BE DEEMED TO BE TRADE SECRETS, Vander Woude, Wills, Wood(27), Wood(35), Mr. Speaker. PRODUCTION RECORDS OR OTHER PROPRIETARY Total – 67. INFORMATION AND SHALL BE CONFIDENTIAL AND NAYS – Schaefer. Total – 1. EXEMPT FROM DISCLOSURE PURSUANT TO SPECIFIED Absent and excused – Jaquet, Lake. Total – 2. LAW AND TO MAKE TECHNICAL CORRECTIONS; AND Total – 70. DECLARING AN EMERGENCY.

Whereupon the Speaker declared that S 1096 passed the HOUSE BILL NO. 270 House. Title was approved and the bill ordered returned to the BY WAYS AND MEANS COMMITTEE Senate. AN ACT S 1116 was read the third time at length, section by section, RELATING TO RULEMAKING BY THE DIRECTOR OF and placed before the House for final consideration. THE IDAHO STATE DEPARTMENT OF AGRICULTURE; AMENDING CHAPTER 1, TITLE 22, IDAHO CODE, BY At this time, the Speaker recognized Mr. Nielsen to open THE ADDITION OF A NEW SECTION 22-101A, IDAHO debate. CODE, TO PROVIDE PROCEDURES IN THE EVENT RULES OF THE DIRECTOR ARE MORE STRINGENT The question being, "Shall S 1116 pass?" THAN FEDERAL LAW OR REGULATIONS OR PROPOSE TO REGULATE AN ACTIVITY NOT REGULATED BY Roll call resulted as follows: THE FEDERAL GOVERNMENT, TO PROVIDE THAT THE AYES – Anderson, Andrus, Barbieri, Barrett, Bateman, DIRECTOR SHALL UTILIZE SPECIFIED CRITERIA IN Bell, Bilbao, Black, Bolz, Buckner-Webb, Collins, DeMordaunt, CERTAIN RULEMAKING, TO PROVIDE THAT CERTAIN Eskridge, Hagedorn, Hart, Hartgen, Henderson, Higgins, Jaquet, INFORMATION BE INCLUDED IN THE RULEMAKING Lake, Loertscher, McGeachin, McMillan, Nesset, Nielsen, RECORD REQUIREMENTS IN THE EVENT A PROPOSED Nonini, Patrick, Pence, Raybould, Ringo, Rusche, Schaefer, RULE PROPOSES A STANDARD NECESSARY TO Shepherd, Shirley, Sims, Smith(30), Smith(24), Stevenson, Trail, PROTECT HUMAN HEALTH AND THE ENVIRONMENT, Wills, Wood(35). Total – 41. TO REQUIRE CERTAIN INFORMATION IN THE NOTICE NAYS – Bayer, Bedke, Block, Boyle, Burgoyne, OF RULEMAKING, TO REQUIRE CERTAIN NOTICE BY Chadderdon(Chadderdon), Chew, Crane, Cronin, Ellsworth, THE DIRECTOR TO THE STANDING COMMITTEE OF Gibbs(Wheeler), Guthrie, Harwood, Killen, King, Lacey, Luker, THE LEGISLATURE IDENTIFYING PORTIONS OF A RULE Marriott, Palmer, Perry, Roberts, Simpson, Takasugi(Batt), THAT ARE BROADER IN SCOPE OR MORE STRINGENT Thayn, Thompson, Vander Woude, Wood(27), Mr. Speaker. THAN FEDERAL LAW OR RULES, OR WHICH REGULATE Total – 28. AN ACTIVITY NOT REGULATED BY THE FEDERAL Absent and excused – Moyle. Total – 1. GOVERNMENT, TO CLARIFY THAT PROVISIONS ARE Total – 70. NOT INTENDED TO ALTER THE SCOPE OR EFFECT OF [March 14, 2011 HOUSE JOURNAL 195

ANY PROVISION OF LAW LIMITING OR PROHIBITING There being no objection, the House advanced to the ACTIONS OR RULEMAKING THAT IS BROADER IN Sixteenth Order of Business. SCOPE OR MORE STRINGENT THAN FEDERAL LAW, TO CLARIFY THAT SPECIFIED PROVISIONS ARE NOT Adjournment INTENDED TO GRANT THE DIRECTOR ADDITIONAL RULEMAKING AUTHORITY AND TO PROVIDE THAT Mr. Roberts moved that the House adjourn until 9:30 a.m., SPECIFIED REQUIREMENTS SHALL ALSO APPLY Tuesday, March 15, 2011. Seconded by Mr. Rusche. Motion TO AMENDMENTS TO RULES IN EFFECT ON THE carried. EFFECTIVE DATE OF THE ACT. Whereupon the Speaker declared the House adjourned at 12:08 p.m. HOUSE BILL NO. 271 LAWERENCE DENNEY, Speaker BY WAYS AND MEANS COMMITTEE AN ACT ATTEST: RELATING TO THE OUT-OF-STATE MAIL SERVICE BONNIE ALEXANDER, Chief Clerk PHARMACY ACT; AMENDING SECTION 54-1747, IDAHO CODE, TO PROVIDE FOR PROSPECTIVE DRUG REVIEW AND TO PROVIDE FOR COUNSELING.

HOUSE BILL NO. 272 BY WAYS AND MEANS COMMITTEE AN ACT RELATING TO WATER; AMENDING SECTION 42-108B, IDAHO CODE, TO REVISE PROVISIONS RELATING TO ACTION BY THE DIRECTOR OF THE DEPARTMENT OF WATER RESOURCES RELATING TO CERTAIN PROPOSED LEASES OF WATER; AND DECLARING AN EMERGENCY.

HOUSE BILL NO. 273 BY WAYS AND MEANS COMMITTEE AN ACT RELATING TO GROUND WATER DISTRICTS; AMENDING SECTION 42-5240, IDAHO CODE, TO PROVIDE FOR THE PRIORITY OF CERTAIN LIENS AND TO PROVIDE THAT UPON THE SALE OF THE PROPERTY FOR PAYMENT OF A LIEN THE PURCHASER SHALL TAKE THE PROPERTY SUBJECT TO CERTAIN OUTSTANDING TAXES AND ANNUAL ASSESSMENTS.

HOUSE BILL NO. 274 BY WAYS AND MEANS COMMITTEE AN ACT RELATING TO WOLVES; PROVIDING LEGISLATIVE INTENT; AND AMENDING CHAPTER 24, TITLE 36, IDAHO CODE, BY THE ADDITION OF A NEW SECTION 36-2406, IDAHO CODE, TO PROVIDE THAT AT ANY TIME THE GRAY WOLF SPECIES IS LISTED AS A NONESSENTIAL EXPERIMENTAL, THREATENED OR ENDANGERED SPECIES BY THE UNITED STATES DEPARTMENT OF THE INTERIOR, STATE AGENCIES AND LOCAL GOVERNMENTAL AGENCIES, AND EMPLOYEES THEREOF, SHALL BE PROHIBITED FROM TAKING SPECIFIED ACTION THAT COULD LEAD TO THE ARREST AND PROSECUTION OF ANY PERSON WHO REMOVES OR CAUSES THE INJURY OR DEATH OF A GRAY WOLF IN IDAHO, TO PROVIDE FOR VIOLATIONS AND PENALTIES, TO PROVIDE FOR SUSPENSION OF PROVISIONS BY EXECUTIVE ORDER, TO PROHIBIT THE MONITORING OF STATEWIDE MOVEMENT OF WOLVES BY THE IDAHO DEPARTMENT OF FISH AND GAME UNDER CERTAIN CIRCUMSTANCES, AND TO PROVIDE THAT SPECIFIED PROVISIONS OF LAW SHALL NOT PROHIBIT CERTAIN ACTIVITIES. H 268, H 269, H 270, H 271, H 272, H 273, and H 274 were introduced, read the first time by title, and referred to the Judiciary, Rules, and Administration Committee for printing. 196 HOUSE JOURNAL March 15, 2011]

HOUSE JOURNAL The Speaker announced he was about to sign enrolled S 1017, S 1055, and SCR 103 and, when so signed, ordered OF THE them returned to the Senate. March 14, 2011 IDAHO LEGISLATURE Mr. Speaker: I return herewith enrolled HJM 1 which has been signed by FIRST REGULAR SESSION the President. SIXTY-FIRST LEGISLATURE WOOD, Secretary Enrolled HJM 1 was referred to the Judiciary, Rules, and Administration Committee for delivery to the Secretary of State.

SIXTY-FIFTH LEGISLATIVE DAY March 14, 2011 TUESDAY, MARCH 15, 2011 Mr. Speaker: I transmit herewith S 1067 which has passed the Senate. WOOD, Secretary House of Representatives S 1067 was filed for first reading. The House convened at 9:30 a.m., the Speaker in the Chair. March 14, 2011 Roll call showed 69 members present. Mr. Speaker: Absent and excused – Cronin. Total – 1. I return herewith HCR 15 and H 122 which have passed the Total – 70. Senate. WOOD, Secretary Prayer was offered by Chaplain Tom Dougherty. HCR 15 and H 122 were referred to the Judiciary, Rules, and The Pledge of Allegiance was led by Elizabeth Harris, Page. Administration Committee for enrolling. Approval of Journal Report of Standing Committees March 15, 2011 March 15, 2011 Mr. Speaker: Mr. Speaker: We, your COMMITTEE ON JUDICIARY, RULES, AND We, your COMMITTEE ON JUDICIARY, RULES, AND ADMINISTRATION, report that we have read and approved ADMINISTRATION, report that we have printed HCR 24, the House Journal of the Sixty-fourth Legislative Day and H 264, H 265, H 266, H 267, H 268, H 269, H 270, H 271, recommend that same be adopted as corrected. H 272, H 273, and H 274. WILLS, Chairman WILLS, Chairman Mr. Wills moved that the report be adopted. Seconded by HCR 24 was filed for second reading. Mr. Burgoyne. Report adopted. H 264 was referred to the Transportation and Defense Consideration of Messages from the Committee. Governor and the Senate H 265 and H 268 were referred to the State Affairs THE OFFICE OF THE GOVERNOR Committee. Boise H 266 was referred to the Business Committee. March 14, 2011 H 267 was referred to the Commerce and Human Resources The Honorable Lawerence Denney Committee. Speaker of the House H 269 and H 270 were referred to the Agricultural Affairs Dear Mr. Speaker: Committee. I have the honor to advise you that I am transmitting today to the Secretary of State the following House bill which will be H 271 was referred to the Health and Welfare Committee. allowed to become law without my signature within the time limited by law: H 272, H 273, and H 274 were referred to the Resources and Conservation Committee. H 17 March 15, 2011 As Always - Idaho, "Esto Perpetua" Mr. Speaker: /s/ C.L. "Butch" Otter We, your COMMITTEE ON JUDICIARY, RULES, AND Governor ADMINISTRATION, report that we have enrolled H 203, H 158, H 85, H 153, H 152, H 108, H 109, and H 142, as amended in March 14, 2011 the Senate. Mr. Speaker: WILLS, Chairman I transmit herewith enrolled S 1017, S 1055, and SCR 103 for the signature of the Speaker. The Speaker announced he was about to sign enrolled WOOD, Secretary H 203, H 158, H 85, H 153, H 152, H 108, H 109, and H 142, [March 15, 2011 HOUSE JOURNAL 197 as amended in the Senate, and, when so signed, ordered them March 14, 2011 transmitted to the Senate for the signature of the President. Mr. Speaker: We, your COMMITTEE ON STATE AFFAIRS, report that March 14, 2011 we have had under consideration H 242 and report it back Mr. Speaker: with amendments attached to be placed on General Orders for We, your COMMITTEE ON JUDICIARY, RULES, AND consideration. ADMINISTRATION, report that we have transmitted enrolled LOERTSCHER, Chairman H 80, H 135, H 143, H 121, H 113, H 148, H 157, H 62, H 63, H 64, H 65, H 81, H 82, H 167, H 46, H 47, H 48, and H 49 to H 242 was placed on General Orders for consideration. the Governor at 10:35 a.m., as of this date, March 14, 2011. WILLS, Chairman There being no objection, the House advanced to the Eighth Order of Business. March 14, 2011 Mr. Speaker: Introduction, First Reading, and Reference We, your COMMITTEE ON STATE AFFAIRS, report that of Bills and Joint Resolutions we have had under consideration S 1115 and SCR 106 and recommend that they do pass. HOUSE BILL NO. 275 LOERTSCHER, Chairman BY STATE AFFAIRS COMMITTEE AN ACT S 1115 and SCR 106 were filed for second reading. RELATING TO ELECTIONS; AMENDING SECTION 31-871, IDAHO CODE, TO REVISE PROCEDURES March 14, 2011 REGARDING CLASSIFICATION AND RETENTION Mr. Speaker: OF RECORDS; AMENDING CHAPTER 2, TITLE 34, We, your COMMITTEE ON LOCAL GOVERNMENT, IDAHO CODE, BY THE ADDITION OF A NEW SECTION report that we have had under consideration H 224 and 34-217, IDAHO CODE, TO PROVIDE PROCEDURES recommend that it do pass. FOR RETENTION OF COUNTY ELECTION RECORDS; BARRETT, Chairman AMENDING SECTION 34-408A, IDAHO CODE, TO REVISE PROCEDURES REGARDING ELECTION H 224 was filed for second reading. DAY REGISTRATION AND TO MAKE A TECHNICAL CORRECTION; AMENDING SECTION 34-502, IDAHO CODE, TO REMOVE THE REQUIREMENT THAT THE March 14, 2011 COUNTY CLERK SHALL DELIVER IN WRITING TO Mr. Speaker: EACH PRECINCT COMMITTEEMAN A CERTAIN NOTICE; We, your COMMITTEE ON HEALTH AND WELFARE, AMENDING SECTION 34-624, IDAHO CODE, TO REVISE report that we have had under consideration H 5, H 218, H 260, REQUIREMENTS FOR A PRECINCT COMMITTEEMAN; and S 1102 and recommend that they do pass. AMENDING SECTION 34-708A, IDAHO CODE, TO REVISE MCGEACHIN, Chairman QUALIFICATIONS FOR INDEPENDENT CANDIDATES H 5, H 218, H 260, and S 1102 were filed for second reading. FOR PRESIDENT AND VICE-PRESIDENT; AMENDING SECTION 34-732, IDAHO CODE, TO REVISE PROCEDURES FOR SELECTION OF CANDIDATES FOR NOMINATION March 14, 2011 IN PRESIDENTIAL PRIMARIES; AMENDING SECTION Mr. Speaker: 34-903, IDAHO CODE, TO REVISE WHAT SHALL APPEAR We, your COMMITTEE ON HEALTH AND WELFARE, ON ELECTION BALLOTS; AMENDING SECTION 34-910, report that we have had under consideration HCR 22 and IDAHO CODE, TO PROVIDE THAT UPON RECEIPT OF recommend that it be referred to the Commerce and Human THE BALLOTS AND SUPPLIES, THE CHIEF JUDGE OF Resources committee. ELECTIONS OR OTHER DESIGNATED JUDGE MUST MCGEACHIN, Chairman RETURN A WRITTEN RECEIPT TO THE COUNTY CLERK; HCR 22 was referred to the Commerce and Human AMENDING SECTION 34-1005, IDAHO CODE, TO REVISE Resources committee. PROCEDURES FOR RETURN OF AN ABSENTEE BALLOT; AMENDING SECTION 34-1007, IDAHO CODE, TO REVISE March 14, 2011 PROCEDURES FOR TRANSMISSION OF ABSENTEE Mr. Speaker: BALLOTS TO THE POLLS; AMENDING SECTION We, your COMMITTEE ON HEALTH AND WELFARE, 34-1201, IDAHO CODE, TO REVISE PROCEDURES request that H 261, H 262, H 263, and S 1049 be returned to FOR CANVASS OF VOTES; AMENDING SECTION the Desk for re-referral. 34-1402, IDAHO CODE, TO REVISE REGISTRATION MCGEACHIN, Chairman PROVISIONS; AMENDING CHAPTER 14, TITLE 34, IDAHO CODE, BY THE ADDITION OF A NEW SECTION H 261, H 262, H 263, and S 1049 were referred to the 34-1413, IDAHO CODE, TO PROVIDE FOR MODIFIED Commerce and Human Resources committee. PROCEDURES FOR CERTAIN POLITICAL SUBDIVISION March 15, 2011 ELECTIONS; AMENDING SECTION 34-1802, IDAHO Mr. Speaker: CODE, TO REVISE DATES FOR INITIATIVE PETITIONS; We, your COMMITTEE ON STATE AFFAIRS, report AMENDING SECTION 34-1807, IDAHO CODE, TO REVISE that we have had under consideration S 1042 and S 1107 and PROCEDURES REGARDING PERSONS CIRCULATING recommend that they do pass. A PETITION FOR AN INITIATIVE OR REFERENDUM; LOERTSCHER, Chairman AMENDING SECTION 34-2301, IDAHO CODE, TO REVISE PROVISIONS AND PROCEDURES RELATING TO AN S 1042 and S 1107 were filed for second reading. APPLICATION FOR RECOUNT OF BALLOTS; AMENDING 198 HOUSE JOURNAL March 15, 2011]

SECTION 34-2302, IDAHO CODE, TO PROVIDE THAT TO PROVIDE REQUIREMENTS RELATING TO THE THE RECOUNT APPLICATION SHALL BE REMITTED TO LOCATION OF CERTAIN OFFICES, TO PROVIDE THAT THE ATTORNEY GENERAL OR COUNTY CLERK AND CERTAIN RECORDS ARE CONFIDENTIAL AND TO TO MAKE TECHNICAL CORRECTIONS; AMENDING PROVIDE EXCEPTIONS TO SUCH CONFIDENTIALITY; SECTION 34-2303, IDAHO CODE, TO PROVIDE THAT AMENDING SECTION 9-340F, IDAHO CODE, TO THE ATTORNEY GENERAL OR COUNTY CLERK PROVIDE THAT ALL PAPERS, RECORDS AND SHALL CAUSE ALL BALLOT BOXES IN PRECINCTS CORRESPONDENCE PERTAINING TO THE WORK OF TO BE RECOUNTED TO BE IMPOUNDED AND TO THE OFFICE OF LEGISLATIVE COUNSEL ARE EXEMPT MAKE TECHNICAL CORRECTIONS; AMENDING FROM DISCLOSURE; AND AMENDING SECTION 67-451, SECTION 34-2304, IDAHO CODE, TO PROVIDE THE IDAHO CODE, TO INCREASE CERTAIN AMOUNTS ATTORNEY GENERAL OR COUNTY CLERK SHALL TRANSFERRED INTO THE LEGISLATIVE ACCOUNT. ISSUE AN ORDER FOR RECOUNT; AMENDING SECTION 34-2305, IDAHO CODE, TO REVISE THE MANNER H 275, H 276, H 277, and H 278 were introduced, read OF RECOUNTING; AMENDING SECTION 34-2306, the first time by title, and referred to the Judiciary, Rules, and IDAHO CODE, TO REVISE PROVISIONS REGARDING Administration Committee for printing. WHEN THE PERSON IS RELIEVED OF COSTS OF THE RECOUNT; AMENDING SECTION 34-2307, IDAHO S 1067, by Judiciary and Rules Committee, was introduced, CODE, TO REVISE PROVISIONS WHEN A GENERAL read the first time by title, and referred to the Judiciary, Rules, RECOUNT IS ORDERED; AMENDING SECTION 34-2308, and Administration Committee. IDAHO CODE, TO REVISE PROCEDURES WHEN A CANDIDATE OR A PERSON ON EITHER SIDE OF A There being no objection, the House advanced to the Tenth MEASURE DISAGREES WITH RECOUNT RESULTS; Order of Business. AMENDING SECTION 34-2309, IDAHO CODE, TO REVISE PROVISIONS RELATING TO AN AUTOMATIC RECOUNT; Second Reading of Bills and Joint Resolutions AMENDING CHAPTER 23, TITLE 34, IDAHO CODE, BY THE ADDITION OF A NEW SECTION 34-2313, IDAHO H 251, H 252, H 253, H 254, H 258, and H 259, by CODE, TO PROVIDE RECOUNT PROCEDURES FOR Appropriations Committee, were read the second time by title AUTOMATED TABULATION SYSTEMS; AND DECLARING and filed for third reading. AN EMERGENCY. H 257, by Ways and Means Committee, was read the second HOUSE BILL NO. 276 time by title and filed for third reading. BY APPROPRIATIONS COMMITTEE H 191, by State Affairs Committee, was read the second time AN ACT by title and filed for third reading. APPROPRIATING ADDITIONAL MONEYS TO THE DEPARTMENT OF CORRECTION FOR FISCAL YEAR 2011; S 1114, by State Affairs Committee, was read the second time EXEMPTING APPROPRIATION OBJECT AND PROGRAM by title and filed for third reading. TRANSFER LIMITATIONS FOR FISCAL YEAR 2011; H 201, by Education Committee, was read the second time APPROPRIATING MONEYS TO THE DEPARTMENT OF by title and filed for third reading. CORRECTION FOR FISCAL YEAR 2012; LIMITING THE NUMBER OF FULL-TIME EQUIVALENT POSITIONS; EXEMPTING APPROPRIATION OBJECT AND PROGRAM S 1140, S 1141, S 1142, S 1150, S 1151, S 1152, and S 1153, TRANSFER LIMITATIONS FOR FISCAL YEAR 2012; AND by Finance Committee, were read the second time by title and DECLARING AN EMERGENCY. filed for third reading.

HOUSE BILL NO. 277 There being no objection, the House advanced to the Twelfth BY STATE AFFAIRS COMMITTEE Order of Business. AN ACT RELATING TO THE ATTORNEY GENERAL; Consideration of General Orders AMENDING SECTION 67-1406, IDAHO CODE, TO PROVIDE THAT CERTAIN OFFICERS MAY EMPLOY Mr. Moyle moved that the House do now resolve itself into a ATTORNEYS OTHER THAN THOSE UNDER THE Committee of the Whole House for the consideration of General SUPERVISION OF THE ATTORNEY GENERAL. Orders. Seconded by Mr. Rusche. Motion carried.

HOUSE BILL NO. 278 Whereupon the House resolved itself into a Committee of BY STATE AFFAIRS COMMITTEE the Whole House for the consideration of General Orders with AN ACT Mr. Bedke in the Chair. RELATING TO THE OFFICE OF LEGISLATIVE When the Committee of the Whole House rose, COUNSEL; PROVIDING LEGISLATIVE FINDINGS AND the Speaker returned to the Chair and the House was in order. INTENT; AMENDING TITLE 67, IDAHO CODE, BY THE ADDITION OF A NEW CHAPTER 48, TITLE 67, Report of the Committee of the Whole House IDAHO CODE, TO PROVIDE FOR THE OFFICE OF March 15, 2011 LEGISLATIVE COUNSEL, TO PROVIDE FOR A PROCESS Mr. Speaker: FOR SELECTING LEGISLATIVE COUNSELORS, TO We, your COMMITTEE OF THE WHOLE HOUSE, report PROVIDE REQUIREMENTS FOR THE SELECTION OF that we have had under consideration H 91, S 1077, H 207, LEGISLATIVE COUNSELOR OF IDAHO, TO PROVIDE H 193, and H 227 and report them back without recommendation, DUTIES OF THE LEGISLATIVE COUNSELORS OF IDAHO, amended as follows: [March 15, 2011 HOUSE JOURNAL 199

HOUSE AMENDMENT TO H.B. NO. 91 On page 1 of the printed bill, in line 19, delete "No" and insert: "Subject to building code requirements governing AMENDMENT TO SECTION 1 accessibility, no"; in line 20, delete "includes" and insert: On page 1 of the printed bill, delete lines 30 through 41; and "include". on page 2, delete lines 1 through 13, and insert: "(4) No vehicle shall be operated on any public highway HOUSE AMENDMENT TO H.B. NO. 193 unless such vehicle's load is secured to prevent the load from becoming loose, detached or a hazard to other users of the AMENDMENT TO SECTION 1 highway. On page 4 of the printed bill, delete line 40, and insert: (5) No person may operate on any public highway any "shipper's or transporter's insured value of the product or material vehicle with any load unless the load is secured and such to be transported under the provisions of". covering as required thereon by subsection (6) of this section is securely fastened to prevent the covering or load from becoming AMENDMENT TO THE BILL loose, detached or a hazard to other users of the highway. On page 4, following line 50, insert: (6) Any vehicle operating on a paved public highway with "SECTION 2. An emergency existing therefor, which a load of dirt, sand or gravel susceptible to being dropped, spilled, emergency is hereby declared to exist, this act shall be in full leaked or otherwise escaping therefrom shall be covered so as to force and effect on and after its passage and approval.". prevent spillage. Covering of such loads is not required if six (6) CORRECTION TO TITLE inches of freeboard is maintained. On page 1, in line 6, following "CORRECTION" insert: "; (7) The provisions of subsections (5) and (6) of this AND DECLARING AN EMERGENCY". section shall not apply to a government, quasi-government, their agents or employees or contractors thereof, in performance of HOUSE AMENDMENT TO H.B. NO. 193 maintenance or construction of a highway. (8) The provisions of subsections (5) and (6) of this section AMENDMENT TO SECTION 1 shall not apply to vehicles owned by canal companies, irrigation On page 4 of the printed bill, in line 41, following "permit" districts or their boards of control, lateral ditch associations, delete ", for the benefit of" and insert: ". If any attorney fees water districts or other irrigation water delivery or management and/or costs are awarded to the department, such security may entities, or operated by any employee or agent of such an entity, be used to satisfy that award and all such awarded amounts shall performing construction or maintenance of facilities. be paid to". (9) The provisions of subsections (5) and (6) of this section shall not apply to agricultural products or agricultural byproducts HOUSE AMENDMENT TO H.B. NO. 227 being carried to or from the field or to market.". AMENDMENT TO SECTION 1 CORRECTION TO TITLE On page 2 of the printed bill, delete lines 11 through 24, and On page 1, in line 3, delete "TO PROVIDE THAT insert: NO VEHI-"; delete lines 4 through 14, and insert: "TO "(e) Provided however, if he is enrolled in and is a participant PROHIBIT THE OPERATION OF ANY VEHICLE ON A in good standing in admitted to a drug problem solving PUBLIC HIGHWAY UNLESS SUCH VEHICLE'S LOAD IS court approved by the supreme court drug court and mental SECURED OR ANY REQUIRED COVERING IS SECURELY health court coordinating committee under the provisions of FASTENED, TO PROVIDE THAT VEHICLES OPERATED chapter 56, title 19, Idaho Code program and has served at ON PAVED PUBLIC HIGHWAYS WITH CERTAIN LOADS least forty-five (45) days of an absolute suspension of driving SHALL BE COVERED AND TO PROVIDE AN EXCEPTION privileges, then he shall may be eligible for a restricted AND TO PROVIDE EXCEPTIONS TO THE APPLICATION noncommercial driving privileges permit for the purpose of OF SPECIFIED PROVISIONS.". getting to and from work, school or an alcohol treatment program, which may be granted by the presiding judge of the HOUSE AMENDMENT TO S.B. NO. 1077 drug court, provided that he has served a period of absolute AMENDMENT TO SECTION 1 suspension of driving privileges of at least forty-five (45) On page 1 of the printed bill, following line 29, insert: days, that an ignition interlock device is installed on each of "The petition shall also set forth and report the total outstanding the motor vehicles owned or operated, or both, by him and obligation bonds of each consolidating district, the total value that he has shown proof of financial responsibility; and". of the assets held by each consolidating district, the total levy AMENDMENT TO SECTION 2 assessed in each consolidating district in its most recent fiscal On page 7, delete lines 8 through 20, and insert: year, and the projected total levy to be assessed for the next "(e) However, iIf you become enrolled in and are a complete fiscal year in the proposed newly consolidated district."; participant in good standing in are admitted to a drug and on page 3, following line 10, insert: problem solving court approved by the supreme court drug "(8) The provisions of this section shall apply exclusively court and mental health court coordinating committee under to the consolidation of drainage districts which have been formed the provisions of chapter 56, title 19, Idaho Code program under this chapter.". and have served at least forty-five (45) days of an absolute CORRECTION TO TITLE suspension of driving privileges, you shall may be eligible On page 1, in line 9, delete "AND" and insert: ","; and in line for a restricted noncommercial driving privileges permit 10, following "DISTRICT" insert: "AND TO PROVIDE FOR for the purpose of getting to and from work, school or an APPLICABILITY". alcohol treatment program, which may be granted by the presiding judge of the drug court, provided that you have HOUSE AMENDMENT TO H.B. NO. 207 served a period of absolute suspension of driving privileges of at least forty-five (45) days, that an ignition interlock AMENDMENT TO SECTION 1 device is installed on each of the motor vehicles owned or 200 HOUSE JOURNAL March 15, 2011]

operated, or both, by you and that you have shown proof of Trail, Vander Woude, Wills, Wood(27), Wood(35), Mr. Speaker. financial responsibility;". Total – 67. NAYS – Schaefer. Total – 1. AMENDMENT TO THE BILL Absent and excused – Cronin, Takasugi(Batt). Total – 2. On page 18, following line 31, insert: Total – 70. "SECTION 5. This act shall be in full force and effect on and after January 1, 2012.". Whereupon the Speaker declared that H 248 passed the House. Title was approved and the bill ordered transmitted to CORRECTION TO TITLE the Senate. On page 1, in line 3, delete "PROVIDE THAT CERTAIN PERSONS ENROLLED AND IN" and insert: "REVISE H 249 was read the third time at length, section by section, PROVISIONS RELATING TO THE REQUIREMENT and placed before the House for final consideration. THAT CERTAIN PERSONS BE INFORMED OF CERTAIN INFORMATION;"; delete lines 4 and 5; in line 6, delete At this time, the Speaker recognized Ms. Jaquet to open "CONDITIONS;" also in line 6, delete "PROVIDE THAT CER-" debate. and insert: "REVISE PROVISIONS RELATING TO THE The question being, "Shall H 249 pass?" REQUIREMENT THAT CERTAIN PERSONS BE INFORMED OF CERTAIN INFORMATION;"; delete lines 7 through 9; in Roll call resulted as follows: line 10, delete "UNDER CERTAIN CONDITIONS;"; in line 14, AYES – Anderson, Andrus, Barbieri, Barrett, Bateman, delete "AND"; and in line 17, following "CONDITIONS" insert: Bayer, Bedke, Bell, Bilbao, Black, Block, Bolz, Boyle, "; AND PROVIDING AN EFFECTIVE DATE". Buckner-Webb, Burgoyne, Chadderdon(Chadderdon), We have also had under consideration H 181, H 231, H 141, Chew, Collins, Crane, DeMordaunt, Ellsworth, Eskridge, and S 1053, as amended, report progress and beg leave to sit Gibbs(Wheeler), Guthrie, Hagedorn, Hart, Hartgen, Harwood, again. Henderson, Higgins, Jaquet, Killen, King, Lacey, Lake, BEDKE, Chairman Loertscher, Luker, Marriott, McGeachin, McMillan, Moyle, Nesset, Nielsen, Nonini, Palmer, Patrick, Pence, Perry, Raybould, Mr. Bedke moved that the report be adopted. Seconded by Ringo, Roberts, Rusche, Schaefer, Shepherd, Shirley, Simpson, Mr. Rusche. Sims, Smith(30), Smith(24), Stevenson, Takasugi(Batt), Thayn, Thompson, Trail, Vander Woude, Wills, Wood(27), Wood(35), Whereupon the Speaker declared the report adopted. Mr. Speaker. Total – 69. H 91, as amended, H 207, as amended, H 193, as amended, NAYS – None. and H 227, as amended, were referred to the Judiciary, Rules, and Absent and excused – Cronin. Total – 1. Administration Committee for engrossing. Total – 70. S 1077, as amended in the House, was filed for first reading. Whereupon the Speaker declared that H 249 passed the House. Title was approved and the bill ordered transmitted to H 181, H 231, H 141, and S 1053, as amended, were retained the Senate. on General Orders. Mr. Moyle asked unanimous consent that H 222 retain its The amendments were referred to Judiciary, Rules, and place on the Third Reading Calendar for one legislative day. Administration committee for printing. There being no objection, it was so ordered. There being no objection, the House returned to the Eleventh H 228 was read the third time at length, section by section, Order of Business. and placed before the House for final consideration. Third Reading of Bills and Joint Resolutions At this time, the Speaker recognized Ms. Batt to open debate. H 248 was read the third time at length, section by section, The question being, "Shall H 228 pass?" and placed before the House for final consideration. At this time, the Speaker recognized Mr. Patrick to open Roll call resulted as follows: debate. AYES – Anderson, Andrus, Barbieri, Barrett, Bateman, Bayer, Bedke, Bell, Bilbao, Black, Block, Bolz, Boyle, Ms. Batt asked unanimous consent that, pursuant to Buckner-Webb, Burgoyne, Chadderdon(Chadderdon), Rule 38(3), she be excused from voting on H 248 due to a Chew, Collins, Crane, DeMordaunt, Ellsworth, Eskridge, conflict of interest. There being no objection, it was so ordered. Gibbs(Wheeler), Guthrie, Hagedorn, Hart, Hartgen, Harwood, Henderson, Higgins, Jaquet, Killen, King, Lacey, Lake, The question being, "Shall H 248 pass?" Loertscher, Luker, Marriott, McGeachin, McMillan, Moyle, Nesset, Nielsen, Nonini, Palmer, Patrick, Pence, Perry, Raybould, Roll call resulted as follows: Ringo, Roberts, Rusche, Schaefer, Shepherd, Shirley, Simpson, AYES – Anderson, Andrus, Barbieri, Barrett, Bateman, Sims, Smith(30), Smith(24), Stevenson, Takasugi(Batt), Thayn, Bayer, Bedke, Bell, Bilbao, Black, Block, Bolz, Boyle, Thompson, Trail, Vander Woude, Wills, Wood(27), Wood(35), Buckner-Webb, Burgoyne, Chadderdon(Chadderdon), Mr. Speaker. Total – 69. Chew, Collins, Crane, DeMordaunt, Ellsworth, Eskridge, NAYS – None. Gibbs(Wheeler), Guthrie, Hagedorn, Hart, Hartgen, Harwood, Absent and excused – Cronin. Total – 1. Henderson, Higgins, Jaquet, Killen, King, Lacey, Lake, Total – 70. Loertscher, Luker, Marriott, McGeachin, McMillan, Moyle, Nesset, Nielsen, Nonini, Palmer, Patrick, Pence, Perry, Whereupon the Speaker declared that H 228 passed the Raybould, Ringo, Roberts, Rusche, Shepherd, Shirley, Simpson, House. Title was approved and the bill ordered transmitted to Sims, Smith(30), Smith(24), Stevenson, Thayn, Thompson, the Senate. [March 15, 2011 HOUSE JOURNAL 201

HCR 23 was read the third time at length and placed before Roll call resulted as follows: the House for final consideration. AYES – Anderson, Andrus, Barbieri, Barrett, Bateman, Bayer, Bedke, Bell, Bilbao, Black, Block, Bolz, Boyle, At this time, the Speaker recognized Mrs. McGeachin to Buckner-Webb, Burgoyne, Chadderdon(Chadderdon), open debate. Chew, Collins, Crane, DeMordaunt, Ellsworth, Eskridge, The question being, "Shall HCR 23 be adopted?" Gibbs(Wheeler), Guthrie, Hagedorn, Hart, Hartgen, Henderson, Higgins, Jaquet, Killen, King, Lacey, Lake, Loertscher, Luker, Roll call resulted as follows: Marriott, McGeachin, McMillan, Nesset, Nielsen, Nonini, AYES – Anderson, Andrus, Barbieri, Barrett, Bateman, Palmer, Patrick, Pence, Perry, Raybould, Ringo, Roberts, Bayer, Bedke, Bell, Bilbao, Black, Block, Bolz, Boyle, Rusche, Schaefer, Shepherd, Shirley, Simpson, Sims, Smith(30), Chadderdon(Chadderdon), Collins, Crane, DeMordaunt, Smith(24), Stevenson, Takasugi(Batt), Thayn, Thompson, Trail, Ellsworth, Eskridge, Gibbs(Wheeler), Guthrie, Hagedorn, Vander Woude, Wills, Wood(27), Wood(35), Mr. Speaker. Hart, Hartgen, Harwood, Henderson, Lake, Loertscher, Luker, Total – 67. Marriott, McGeachin, McMillan, Moyle, Nesset, Nielsen, NAYS – Harwood, Moyle. Total – 2. Nonini, Palmer, Patrick, Perry, Raybould, Roberts, Schaefer, Absent and excused – Cronin. Total – 1. Shepherd, Shirley, Simpson, Sims, Stevenson, Takasugi(Batt), Total – 70. Thayn, Thompson, Vander Woude, Wills, Wood(27), Wood(35), Whereupon the Speaker declared that S 1101 passed the Mr. Speaker. Total – 55. House. Title was approved and the bill ordered returned to the NAYS – Buckner-Webb, Burgoyne, Chew, Cronin, Higgins, Senate. Jaquet, Killen, King, Lacey, Pence, Ringo, Rusche, Smith(30), Trail. Total – 14. S 1103 was read the third time at length, section by section, Absent and excused – Smith(24). Total – 1. and placed before the House for final consideration. Paired Votes: AYE – Patrick NAY – Cronin At this time, the Speaker recognized Mr. Loertscher to open (Pairs enumerated in roll call above.) debate. Total – 70. The question being, "Shall S 1103 pass?" Whereupon the Speaker declared HCR 23 adopted and ordered the resolution transmitted to the Senate. Roll call resulted as follows: AYES – Anderson, Andrus, Bateman, Bayer, Bedke, Bell, S 1118 was read the third time at length, section by section, Bilbao, Black, Block, Bolz, Boyle, Buckner-Webb, Burgoyne, and placed before the House for final consideration. Chadderdon(Chadderdon), Chew, Collins, Crane, DeMordaunt, Ellsworth, Eskridge, Gibbs(Wheeler), Guthrie, Hagedorn, Hart, At this time, the Speaker recognized Mr. Bateman to open Hartgen, Harwood, Henderson, Higgins, Jaquet, Killen, King, debate. Lacey, Loertscher, McGeachin, McMillan, Moyle, Nesset, Nielsen, Nonini, Palmer, Patrick, Pence, Perry, Raybould, The question being, "Shall S 1118 pass?" Ringo, Roberts, Rusche, Schaefer, Shepherd, Shirley, Simpson, Sims, Smith(30), Stevenson, Takasugi(Batt), Thompson, Trail, Roll call resulted as follows: Vander Woude, Wills, Wood(27), Mr. Speaker. Total – 61. AYES – Anderson, Andrus, Barrett, Bateman, Bayer, NAYS – Barbieri, Barrett, Lake, Luker, Marriott, Smith(24), Bedke, Bell, Bilbao, Black, Block, Bolz, Boyle, Buckner-Webb, Thayn, Wood(35). Total – 8. Burgoyne, Chadderdon(Chadderdon), Chew, Collins, Crane, Absent and excused – Cronin. Total – 1. DeMordaunt, Ellsworth, Eskridge, Gibbs(Wheeler), Guthrie, Total – 70. Hagedorn, Hart, Hartgen, Harwood, Henderson, Higgins, Whereupon the Speaker declared that S 1103 passed the Jaquet, Killen, King, Lacey, Lake, Loertscher, Luker, Marriott, House. Title was approved and the bill ordered returned to the McGeachin, McMillan, Moyle, Nesset, Nielsen, Nonini, Senate. Palmer, Patrick, Pence, Perry, Raybould, Ringo, Roberts, Rusche, Schaefer, Shepherd, Shirley, Simpson, Sims, Smith(30), S 1121 was read the third time at length, section by section, Smith(24), Stevenson, Takasugi(Batt), Thayn, Thompson, Trail, and placed before the House for final consideration. Vander Woude, Wills, Wood(27), Wood(35), Mr. Speaker. Total – 68. At this time, the Speaker recognized Ms. Jaquet to open NAYS – Barbieri. Total – 1. debate. Absent and excused – Cronin. Total – 1. Total – 70. The question being, "Shall S 1121 pass?"

Whereupon the Speaker declared that S 1118 passed the Roll call resulted as follows: House. Title was approved and the bill ordered returned to the AYES – Anderson, Andrus, Barbieri, Barrett, Bateman, Senate. Bayer, Bedke, Bell, Bilbao, Black, Block, Bolz, Boyle, Buckner-Webb, Burgoyne, Chadderdon(Chadderdon), S 1101 was read the third time at length, section by section, Chew, Collins, Crane, DeMordaunt, Ellsworth, Eskridge, and placed before the House for final consideration. Gibbs(Wheeler), Guthrie, Hagedorn, Hart, Hartgen, Harwood, At this time, the Speaker recognized Ms. King to open Henderson, Higgins, Jaquet, Killen, King, Lacey, Lake, debate. Loertscher, Luker, Marriott, McGeachin, McMillan, Moyle, Nesset, Nielsen, Nonini, Palmer, Patrick, Pence, Perry, Raybould, Ringo, Roberts, Rusche, Schaefer, Shepherd, Shirley, Simpson, The question being, "Shall S 1101 pass?" Sims, Smith(30), Smith(24), Stevenson, Takasugi(Batt), Thayn, 202 HOUSE JOURNAL March 15, 2011]

Thompson, Trail, Vander Woude, Wills, Wood(27), Wood(35), There being no objection, the House returned to the Seventh Mr. Speaker. Total – 69. Order of Business. NAYS – None. Absent and excused – Cronin. Total – 1. Motions, Memorials, and Resolutions Total – 70. Mr. Moyle moved that all rules of the House interfering with Whereupon the Speaker declared that S 1121 passed the the immediate consideration of H 251 be suspended; that the House. Title was approved and the bill ordered returned to the portions of Section 15, Article 3 of the Constitution of the State Senate. of Idaho, requiring all bills to be read on three several days be dispensed with, this being a case of urgency; and that H 251 be S 1123, as amended, was read the third time at length, section read the first time by title, second time by title, and third time at by section, and placed before the House for final consideration. length, section by section, and placed before the House for final consideration. Seconded by Mr. Rusche. At this time, the Speaker recognized Mr. Bayer to open debate. The question being, "Shall the rules be suspended?" The question being, "Shall S 1123, as amended, pass?" Roll call resulted as follows: AYES – Anderson, Andrus, Barbieri, Barrett, Bayer, Roll call resulted as follows: Bedke, Bell, Bilbao, Black, Block, Bolz, Boyle, Buckner-Webb, AYES – Anderson, Andrus, Barbieri, Barrett, Bateman, Burgoyne, Chadderdon(Chadderdon), Chew, Collins, Crane, Bayer, Bedke, Bell, Bilbao, Black, Block, Bolz, Boyle, DeMordaunt, Ellsworth, Eskridge, Gibbs(Wheeler), Guthrie, Buckner-Webb, Burgoyne, Chadderdon(Chadderdon), Hagedorn, Hart, Hartgen, Harwood, Henderson, Higgins, Chew, Collins, Crane, DeMordaunt, Ellsworth, Eskridge, Killen, King, Lacey, Lake, Loertscher, Luker, Marriott, Gibbs(Wheeler), Guthrie, Hagedorn, Hart, Hartgen, Harwood, McGeachin, McMillan, Moyle, Nesset, Nielsen, Nonini, Henderson, Higgins, Jaquet, Killen, King, Lacey, Lake, Palmer, Patrick, Pence, Perry, Raybould, Ringo, Roberts, Loertscher, Luker, Marriott, McGeachin, McMillan, Moyle, Rusche, Schaefer, Shepherd, Shirley, Simpson, Sims, Smith(30), Nesset, Nielsen, Nonini, Palmer, Patrick, Pence, Perry, Raybould, Smith(24), Stevenson, Takasugi(Batt), Thayn, Thompson, Trail, Ringo, Roberts, Rusche, Schaefer, Shepherd, Shirley, Simpson, Vander Woude, Wills, Wood(27), Wood(35), Mr. Speaker. Sims, Smith(30), Smith(24), Stevenson, Takasugi(Batt), Thayn, Total – 67. Thompson, Trail, Vander Woude, Wills, Wood(27), Wood(35), NAYS – None. Mr. Speaker. Total – 69. Absent and excused – Bateman, Cronin, Jaquet. Total – 3. NAYS – None. Total – 70. Absent and excused – Cronin. Total – 1. Total – 70. Whereupon the Speaker declared that more than two-thirds of the membership having voted in the affirmative, the motion Whereupon the Speaker declared that S 1123, as carried, the rules were suspended, and H 251 was read the first amended, passed the House. Title was approved and the bill time by title, second time by title, and third time at length, section ordered returned to the Senate. by section, and placed before the House for final consideration. S 1127 was read the third time at length, section by section, At this time, the Speaker recognized Mr. Hagedorn to open and placed before the House for final consideration. debate. At this time, the Speaker recognized Mr. DeMordaunt to open debate. Ms. Batt asked unanimous consent that, pursuant to Rule 38(3), she be excused from voting on H 251 due to a The question being, "Shall S 1127 pass?" conflict of interest. There being no objection, it was so ordered.

Roll call resulted as follows: Mr. Wheeler asked unanimous consent that, pursuant to AYES – Anderson, Andrus, Barrett, Bateman, Bayer, Rule 38(3), he be excused from voting on H 251 due to a conflict Bedke, Bell, Bilbao, Black, Block, Bolz, Boyle, Buckner-Webb, of interest. There being no objection, it was so ordered. Burgoyne, Chadderdon(Chadderdon), Chew, Collins, Crane, DeMordaunt, Ellsworth, Eskridge, Gibbs(Wheeler), Guthrie, The question being, "Shall H 251 pass?" Hagedorn, Hart, Hartgen, Harwood, Henderson, Higgins, Jaquet, Killen, King, Lacey, Lake, Loertscher, Luker, Marriott, Roll call resulted as follows: McGeachin, Moyle, Nesset, Nielsen, Nonini, Palmer, Patrick, AYES – Anderson, Bateman, Bayer, Bedke, Bell, Pence, Perry, Raybould, Ringo, Roberts, Rusche, Schaefer, Bilbao, Black, Block, Bolz, Buckner-Webb, Burgoyne, Shepherd, Shirley, Simpson, Smith(30), Smith(24), Stevenson, Chadderdon(Chadderdon), Chew, Collins, DeMordaunt, Takasugi(Batt), Thayn, Thompson, Trail, Vander Woude, Wills, Ellsworth, Eskridge, Guthrie, Hagedorn, Hart, Hartgen, Wood(27), Wood(35), Mr. Speaker. Total – 66. Harwood, Henderson, Higgins, Jaquet, Killen, King, Lacey, NAYS – Barbieri, McMillan, Sims. Total – 3. Lake, Luker, McGeachin, Moyle, Nesset, Nonini, Patrick, Pence, Absent and excused – Cronin. Total – 1. Perry, Raybould, Ringo, Roberts, Rusche, Shepherd, Shirley, Total – 70. Sims, Smith(30), Smith(24), Stevenson, Thayn, Thompson, Whereupon the Speaker declared that S 1127 passed the Trail, Vander Woude, Wills, Wood(27), Mr. Speaker. Total – 54. House. Title was approved and the bill ordered returned to the NAYS – Andrus, Barrett, Boyle, Crane, Loertscher, Marriott, Senate. McMillan, Nielsen, Palmer, Schaefer, Simpson, Wood(35). Total – 12. Mr. Moyle asked unanimous consent that the remaining Absent and excused – Barbieri, Cronin, Gibbs(Wheeler), bills on the Third Reading Calendar retain their places for one Takasugi(Batt). Total – 4. legislative day. There being no objection, it was so ordered. Total – 70. [March 15, 2011 HOUSE JOURNAL 203

Whereupon the Speaker declared that H 251 passed the length, section by section, and placed before the House for final House. Title was approved and the bill ordered transmitted to consideration. Seconded by Mr. Rusche. the Senate. The question being, "Shall the rules be suspended?" Mr. Moyle moved that all rules of the House interfering with the immediate consideration of H 252 be suspended; that the Roll call resulted as follows: portions of Section 15, Article 3 of the Constitution of the State AYES – Anderson, Andrus, Barbieri, Barrett, Bayer, of Idaho, requiring all bills to be read on three several days be Bedke, Bell, Bilbao, Black, Block, Bolz, Boyle, Buckner-Webb, dispensed with, this being a case of urgency; and that H 252 be Burgoyne, Chadderdon(Chadderdon), Chew, Collins, Crane, read the first time by title, second time by title, and third time at DeMordaunt, Ellsworth, Eskridge, Gibbs(Wheeler), Guthrie, length, section by section, and placed before the House for final Hagedorn, Hart, Hartgen, Harwood, Henderson, Higgins, consideration. Seconded by Mr. Rusche. Killen, King, Lacey, Lake, Loertscher, Luker, Marriott, McGeachin, McMillan, Moyle, Nesset, Nielsen, Nonini, The question being, "Shall the rules be suspended?" Palmer, Patrick, Pence, Perry, Raybould, Ringo, Roberts, Rusche, Schaefer, Shepherd, Shirley, Simpson, Sims, Smith(30), Roll call resulted as follows: Smith(24), Stevenson, Takasugi(Batt), Thayn, Thompson, Trail, AYES – Anderson, Andrus, Barbieri, Barrett, Bayer, Vander Woude, Wills, Wood(27), Wood(35), Mr. Speaker. Bedke, Bell, Bilbao, Black, Block, Bolz, Boyle, Buckner-Webb, Total – 67. Burgoyne, Chadderdon(Chadderdon), Chew, Collins, Crane, NAYS – None. DeMordaunt, Ellsworth, Eskridge, Gibbs(Wheeler), Guthrie, Absent and excused – Bateman, Cronin, Jaquet. Total – 3. Hagedorn, Hart, Hartgen, Harwood, Henderson, Higgins, Total – 70. Killen, King, Lacey, Lake, Loertscher, Luker, Marriott, McGeachin, McMillan, Moyle, Nesset, Nielsen, Nonini, Whereupon the Speaker declared that more than two-thirds Palmer, Patrick, Pence, Perry, Raybould, Ringo, Roberts, of the membership having voted in the affirmative, the motion Rusche, Schaefer, Shepherd, Shirley, Simpson, Sims, Smith(30), carried, the rules were suspended, and H 253 was read the first Smith(24), Stevenson, Takasugi(Batt), Thayn, Thompson, Trail, time by title, second time by title, and third time at length, section Vander Woude, Wills, Wood(27), Wood(35), Mr. Speaker. by section, and placed before the House for final consideration. Total – 67. NAYS – None. At this time, the Speaker recognized Mr. Bolz to open debate. Absent and excused – Bateman, Cronin, Jaquet. Total – 3. The question being, "Shall H 253 pass?" Total – 70. Whereupon the Speaker declared that more than two-thirds Roll call resulted as follows: of the membership having voted in the affirmative, the motion AYES – Anderson, Andrus, Bayer, Bedke, Bell, Bilbao, carried, the rules were suspended, and H 252 was read the first Black, Block, Bolz, Buckner-Webb, Chadderdon(Chadderdon), time by title, second time by title, and third time at length, section Collins, DeMordaunt, Ellsworth, Eskridge, Gibbs(Wheeler), by section, and placed before the House for final consideration. Guthrie, Hagedorn, Hartgen, Henderson, Higgins, Jaquet, Lake, Loertscher, Luker, McGeachin, Moyle, Nesset, Nielsen, At this time, the Speaker recognized Mr. Bolz to open debate. Nonini, Patrick, Pence, Perry, Raybould, Ringo, Roberts, Shepherd, Shirley, Smith(24), Stevenson, Takasugi(Batt), Thayn, The question being, "Shall H 252 pass?" Thompson, Trail, Vander Woude, Wills, Wood(27), Mr. Speaker. Total – 48. Roll call resulted as follows: NAYS – Barbieri, Barrett, Bateman, Boyle, Burgoyne, Chew, AYES – Anderson, Andrus, Barrett, Bateman, Bayer, Crane, Hart, Harwood, Killen, King, Lacey, Marriott, McMillan, Bedke, Bell, Bilbao, Black, Block, Bolz, Boyle, Buckner-Webb, Palmer, Rusche, Schaefer, Simpson, Sims, Smith(30), Wood(35). Burgoyne, Chadderdon(Chadderdon), Chew, Collins, Crane, Total – 21. DeMordaunt, Ellsworth, Eskridge, Gibbs(Wheeler), Guthrie, Absent and excused – Cronin. Total – 1. Hagedorn, Hart, Hartgen, Harwood, Henderson, Higgins, Total – 70. Jaquet, Killen, King, Lacey, Lake, Loertscher, Luker, Marriott, McGeachin, McMillan, Moyle, Nesset, Nielsen, Nonini, Whereupon the Speaker declared that H 253 passed the Palmer, Patrick, Pence, Perry, Raybould, Ringo, Roberts, House. Title was approved and the bill ordered transmitted to Rusche, Schaefer, Shepherd, Shirley, Simpson, Smith(30), the Senate. Smith(24), Stevenson, Takasugi(Batt), Thayn, Thompson, Trail, Vander Woude, Wills, Wood(27), Wood(35), Mr. Speaker. Mr. Moyle moved that all rules of the House interfering with Total – 67. the immediate consideration of H 254 be suspended; that the NAYS – Barbieri, Sims. Total – 2. portions of Section 15, Article 3 of the Constitution of the State Absent and excused – Cronin. Total – 1. of Idaho, requiring all bills to be read on three several days be Total – 70. dispensed with, this being a case of urgency; and that H 254 be read the first time by title, second time by title, and third time at Whereupon the Speaker declared that H 252 passed the length, section by section, and placed before the House for final House. Title was approved and the bill ordered transmitted to consideration. Seconded by Mr. Rusche. the Senate. The question being, "Shall the rules be suspended?" Mr. Moyle moved that all rules of the House interfering with the immediate consideration of H 253 be suspended; that the Roll call resulted as follows: portions of Section 15, Article 3 of the Constitution of the State AYES – Anderson, Andrus, Barbieri, Barrett, Bayer, of Idaho, requiring all bills to be read on three several days be Bedke, Bell, Bilbao, Black, Block, Bolz, Boyle, Buckner-Webb, dispensed with, this being a case of urgency; and that H 253 be Burgoyne, Chadderdon(Chadderdon), Chew, Collins, Crane, read the first time by title, second time by title, and third time at DeMordaunt, Ellsworth, Eskridge, Gibbs(Wheeler), Guthrie, 204 HOUSE JOURNAL March 15, 2011]

Hagedorn, Hart, Hartgen, Harwood, Henderson, Higgins, NAYS – None. Killen, King, Lacey, Lake, Loertscher, Luker, Marriott, Absent and excused – Bateman, Cronin, Jaquet. Total – 3. McGeachin, McMillan, Moyle, Nesset, Nielsen, Nonini, Total – 70. Palmer, Patrick, Pence, Perry, Raybould, Ringo, Roberts, Rusche, Schaefer, Shepherd, Shirley, Simpson, Sims, Smith(30), Whereupon the Speaker declared that more than two-thirds Smith(24), Stevenson, Takasugi(Batt), Thayn, Thompson, Trail, of the membership having voted in the affirmative, the motion Vander Woude, Wills, Wood(27), Wood(35), Mr. Speaker. carried, the rules were suspended, and H 257 was read the first Total – 67. time by title, second time by title, and third time at length, section NAYS – None. by section, and placed before the House for final consideration. Absent and excused – Bateman, Cronin, Jaquet. Total – 3. At this time, the Speaker recognized Mr. Roberts to open Total – 70. debate. Whereupon the Speaker declared that more than two-thirds The question being, "Shall H 257 pass?" of the membership having voted in the affirmative, the motion carried, the rules were suspended, and H 254 was read the first Roll call resulted as follows: time by title, second time by title, and third time at length, section AYES – Anderson, Barrett, Bateman, Bedke, Bell, by section, and placed before the House for final consideration. Bilbao, Black, Block, Bolz, Buckner-Webb, Burgoyne, Chadderdon(Chadderdon), Chew, Collins, DeMordaunt, Ellsworth, Eskridge, Gibbs(Wheeler), Guthrie, Hagedorn, At this time, the Speaker recognized Mr. Bolz to open debate. Hartgen, Harwood, Henderson, Higgins, Jaquet, Killen, The question being, "Shall H 254 pass?" King, Lacey, Lake, Loertscher, Luker, McGeachin, Nesset, Nonini, Patrick, Pence, Perry, Raybould, Ringo, Roberts, Roll call resulted as follows: Rusche, Schaefer, Shepherd, Smith(30), Smith(24), Stevenson, AYES – Anderson, Andrus, Bateman, Bedke, Bell, Takasugi(Batt), Thayn, Thompson, Trail, Wills, Wood(27), Bilbao, Black, Block, Bolz, Buckner-Webb, Burgoyne, Wood(35), Mr. Speaker. Total – 54. Chadderdon(Chadderdon), Chew, Collins, DeMordaunt, NAYS – Andrus, Barbieri, Bayer, Boyle, Crane, Hart, Ellsworth, Eskridge, Gibbs(Wheeler), Guthrie, Hagedorn, Hart, Marriott, McMillan, Moyle, Nielsen, Palmer, Simpson, Sims, Hartgen, Henderson, Higgins, Jaquet, Killen, King, Lacey, Lake, Vander Woude. Total – 14. Loertscher, Luker, Marriott, McGeachin, Moyle, Nesset, Nielsen, Absent and excused – Cronin, Shirley. Total – 2. Nonini, Palmer, Patrick, Pence, Perry, Raybould, Ringo, Roberts, Total – 70. Rusche, Shepherd, Simpson, Smith(30), Smith(24), Stevenson, Whereupon the Speaker declared that H 257 passed the Takasugi(Batt), Thayn, Thompson, Trail, Vander Woude, Wills, House. Title was approved and the bill ordered transmitted to Wood(27), Wood(35), Mr. Speaker. Total – 59. the Senate. NAYS – Barbieri, Barrett, Bayer, Boyle, Crane, Harwood, McMillan, Schaefer, Sims. Total – 9. Mr. Moyle moved that all rules of the House interfering with Absent and excused – Cronin, Shirley. Total – 2. the immediate consideration of H 258 be suspended; that the Total – 70. portions of Section 15, Article 3 of the Constitution of the State of Idaho, requiring all bills to be read on three several days be Whereupon the Speaker declared that H 254 passed the dispensed with, this being a case of urgency; and that H 258 be House. Title was approved and the bill ordered transmitted to read the first time by title, second time by title, and third time at the Senate. length, section by section, and placed before the House for final consideration. Seconded by Mr. Rusche. Mr. Moyle moved that all rules of the House interfering with The question being, "Shall the rules be suspended?" the immediate consideration of H 257 be suspended; that the portions of Section 15, Article 3 of the Constitution of the State Roll call resulted as follows: of Idaho, requiring all bills to be read on three several days be AYES – Anderson, Andrus, Barbieri, Barrett, Bayer, dispensed with, this being a case of urgency; and that H 257 be Bedke, Bell, Bilbao, Black, Block, Bolz, Boyle, Buckner-Webb, read the first time by title, second time by title, and third time at Burgoyne, Chadderdon(Chadderdon), Chew, Collins, Crane, length, section by section, and placed before the House for final DeMordaunt, Ellsworth, Eskridge, Gibbs(Wheeler), Guthrie, consideration. Seconded by Mr. Rusche. Hagedorn, Hart, Hartgen, Harwood, Henderson, Higgins, Killen, King, Lacey, Lake, Loertscher, Luker, Marriott, The question being, "Shall the rules be suspended?" McGeachin, McMillan, Moyle, Nesset, Nielsen, Nonini, Palmer, Patrick, Pence, Perry, Raybould, Ringo, Roberts, Roll call resulted as follows: Rusche, Schaefer, Shepherd, Shirley, Simpson, Sims, Smith(30), AYES – Anderson, Andrus, Barbieri, Barrett, Bayer, Smith(24), Stevenson, Takasugi(Batt), Thayn, Thompson, Trail, Bedke, Bell, Bilbao, Black, Block, Bolz, Boyle, Buckner-Webb, Vander Woude, Wills, Wood(27), Wood(35), Mr. Speaker. Burgoyne, Chadderdon(Chadderdon), Chew, Collins, Crane, Total – 67. DeMordaunt, Ellsworth, Eskridge, Gibbs(Wheeler), Guthrie, NAYS – None. Hagedorn, Hart, Hartgen, Harwood, Henderson, Higgins, Absent and excused – Bateman, Cronin, Jaquet. Total – 3. Killen, King, Lacey, Lake, Loertscher, Luker, Marriott, Total – 70. McGeachin, McMillan, Moyle, Nesset, Nielsen, Nonini, Palmer, Patrick, Pence, Perry, Raybould, Ringo, Roberts, Whereupon the Speaker declared that more than two-thirds Rusche, Schaefer, Shepherd, Shirley, Simpson, Sims, Smith(30), of the membership having voted in the affirmative, the motion Smith(24), Stevenson, Takasugi(Batt), Thayn, Thompson, Trail, carried, the rules were suspended, and H 258 was read the first Vander Woude, Wills, Wood(27), Wood(35), Mr. Speaker. time by title, second time by title, and third time at length, section Total – 67. by section, and placed before the House for final consideration. [March 15, 2011 HOUSE JOURNAL 205

At this time, the Speaker recognized Mr. Eskridge to open the House of Representatives and the Senate concurring therein, debate. that the Legislature hereby requests that the Governor issue an Executive Order directing the State Tax Commission that The question being, "Shall H 258 pass?" the credit allowed in Section 63-3024A, Idaho Code, remain unchanged for tax year 2011. Roll call resulted as follows: AYES – Anderson, Andrus, Bateman, Bayer, Bedke, HCR 25 was introduced, read the first time by title, and Bell, Bilbao, Black, Block, Bolz, Buckner-Webb, Burgoyne, referred to the Judiciary, Rules, and Administration Committee Chadderdon(Chadderdon), Chew, Collins, Crane, DeMordaunt, for printing. Ellsworth, Eskridge, Gibbs(Wheeler), Guthrie, Hagedorn, Hartgen, Harwood, Henderson, Higgins, Jaquet, Killen, Introduction, First Reading, and Reference King, Lacey, Lake, Luker, Marriott, McGeachin, Moyle, of Bills and Joint Resolutions Nesset, Nonini, Patrick, Pence, Raybould, Ringo, Roberts, Rusche, Shepherd, Simpson, Smith(30), Smith(24), Stevenson, HOUSE BILL NO. 279 Takasugi(Batt), Thompson, Trail, Vander Woude, Wills, BY REVENUE AND TAXATION COMMITTEE Wood(27), Mr. Speaker. Total – 55. AN ACT NAYS – Barbieri, Barrett, Boyle, Hart, Loertscher, RELATING TO THE SPECIAL INCOME TAX CREDIT McMillan, Nielsen, Palmer, Perry, Schaefer, Sims, Thayn. AVAILABLE FOR NEW EMPLOYEES; TO PROVIDE Total – 12. A SHORT TITLE; AMENDING SECTION 63-3029F, Absent and excused – Cronin, Shirley, Wood(35). Total – 3. IDAHO CODE, TO REVISE THE INCOME TAX CREDIT Total – 70. AVAILABLE TO RATED EMPLOYERS FOR EMPLOYING NEW EMPLOYEES; AMENDING SECTION 63-4405, IDAHO Whereupon the Speaker declared that H 258 passed the CODE, TO PROVIDE A CORRECT CODE REFERENCE; House. Title was approved and the bill ordered transmitted to DECLARING AN EMERGENCY AND PROVIDING the Senate. RETROACTIVE APPLICATION AND PROVIDING EFFECTIVE DATES. There being no objection, the House returned to the Fifth Order of Business. H 279 was introduced, read the first time by title, and Report of Standing Committees referred to the Judiciary, Rules, and Administration Committee for printing. March 15, 2011 Mr. Speaker: There being no objection, the House advanced to the We, your COMMITTEE ON REVENUE AND TAXATION, Sixteenth Order of Business. report that we have had under consideration H 239 and Adjournment recommend that it do pass. LAKE, Chairman Mr. Moyle moved that the House adjourn until 9:30 a.m., Wednesday, March 16, 2011. Seconded by Mr. Rusche. Motion H 239 was filed for second reading. carried. There being no objection, the House advanced to the Seventh Order of Business. Whereupon the Speaker declared the House adjourned at 11:51 a.m. Motions, Memorials, and Resolutions LAWERENCE DENNEY, Speaker

HOUSE CONCURRENT RESOLUTION NO. 25 ATTEST: BY REVENUE AND TAXATION COMMITTEE BONNIE ALEXANDER, Chief Clerk A CONCURRENT RESOLUTION STATING FINDINGS OF THE LEGISLATURE AND REQUESTING THAT THE GOVERNOR ISSUE AN EXECUTIVE ORDER DIRECTING THE STATE TAX COMMISSION THAT THE GROCERY TAX CREDIT ALLOWED REMAIN UNCHANGED FOR TAX YEAR 2011. Be It Resolved by the Legislature of the State of Idaho:

WHEREAS, Section 63-3024A, Idaho Code, provides for a food tax credit against taxes due under the Idaho Income Tax Act for any resident individual who files a taxpayer's Idaho income tax return; and WHEREAS, each incremental increase of ten dollars in the tax credit represents roughly a fifteen million dollar reduction to the general fund; and WHEREAS, the state of Idaho is facing a substantial General Fund budget shortfall for fiscal year 2012; and WHEREAS, it is an appropriate year to postpone an increase in the food tax credit for this tax year. NOW, THEREFORE, BE IT RESOLVED by the members of the First Regular Session of the Sixty-first Idaho Legislature, 206 HOUSE JOURNAL March 16, 2011]

HOUSE JOURNAL Dear Mr. Speaker: I have the honor to advise you that I have signed today and OF THE am transmitting to the Secretary of State the following House bill, to wit: IDAHO LEGISLATURE H 79 As Always - Idaho, "Esto Perpetua" FIRST REGULAR SESSION /s/ C.L. "Butch" Otter SIXTY-FIRST LEGISLATURE Governor

THE OFFICE OF THE GOVERNOR Boise

SIXTY-SIXTH LEGISLATIVE DAY March 15, 2011 WEDNESDAY, MARCH 16, 2011 The Honorable Lawerence Denney Speaker of the House

House of Representatives Dear Mr. Speaker: The House convened at 9:30 a.m., the Speaker in the Chair. I have the honor to advise you that I am transmitting today to the Secretary of State the following House bill which will be Roll call showed 69 members present. allowed to become law without my signature within the time Absent and excused – Ellsworth. Total – 1. limited by law: Total – 70. H 144 Prayer was offered by Chaplain Tom Dougherty. as prescribed by the Constitution. The Pledge of Allegiance was led by Emily Thiel, Page. Approval of Journal I understand, given the current economic environment, why the Legislature would reverse its previous decision to March 16, 2011 eliminate gas tax funding for the Department of Parks and Mr. Speaker: Recreation and highway distribution account funding for Idaho We, your COMMITTEE ON JUDICIARY, RULES, AND State Police. As you know, I have opposed raising revenues ADMINISTRATION, report that we have read and approved the for transportation infrastructure until the economy recovers. House Journal of the Sixty-fifth Legislative Day and recommend That being said, in 2009 we anticipated these shifts would that same be adopted as corrected. result in roughly $20 million more in future revenues for the WILLS, Chairman Idaho Transportation Department. While we can agree that this legislation may be necessary today, we also agreed that Mr. Wills moved that the report be adopted. Seconded by addressing our transportation infrastructure needs is necessary Mr. Burgoyne. Report adopted. for economic prosperity tomorrow. That challenge still remains. Consideration of Messages from the As Always - Idaho, "Esto Perpetua" Governor and the Senate /s/ C.L. "Butch" Otter Governor OFFICE OF THE GOVERNOR Boise March 15, 2011 March 15, 2011 Mr. Speaker: I return herewith enrolled HCR 18 which has been signed by The Honorable Lawerence Denney the President. Speaker of the House WOOD, Secretary

Dear Mr. Speaker: Enrolled HCR 18 was referred to the Judiciary, Rules, and I have the honor to advise you that I have signed today and Administration Committee for delivery to the Secretary of State. am transmitting to the Secretary of State the following House March 15, 2011 bills, to wit: Mr. Speaker: H 52, H 53, H 54, and H 56 I transmit herewith S 1137 and S 1138 which have passed the Senate. As Always - Idaho, "Esto Perpetua" WOOD, Secretary /s/ C.L. "Butch" Otter Governor S 1137 and S 1138 were filed for first reading. March 15, 2011 OFFICE OF THE GOVERNOR Mr. Speaker: Boise I return herewith H 154, H 160, H 178, and H 94 which have March 15, 2011 passed the Senate. WOOD, Secretary The Honorable Lawerence Denney Speaker of the House H 154, H 160, H 178, and H 94 were referred to the Judiciary, Rules, and Administration Committee for enrolling. [March 16, 2011 HOUSE JOURNAL 207

Report of Standing Committees Introduction, First Reading, and Reference of Bills and Joint Resolutions March 16, 2011 Mr. Speaker: S 1077, as amended in the House, by Resources and We, your COMMITTEE ON JUDICIARY, RULES, AND Environment Committee, was introduced, read the first time by ADMINISTRATION, report that we have printed HCR 25, title, and filed for second reading. H 275, H 276, H 277, H 278, H 279, and House amendments to H 91, S 1077, H 207, H 193, and H 227. S 1137 and S 1138, by Judiciary and Rules Committee, were WILLS, Chairman introduced, read the first time by title, and referred to the Health and Welfare Committee. HCR 25 and H 276 were filed for second reading. First Reading of Engrossed Bills H 275, H 277, and H 278 were referred to the State Affairs Committee. H 91, as amended, by Transportation and Defense H 279 was referred to the Revenue and Taxation Committee. Committee, was introduced, read the first time by title, and filed for second reading. March 16, 2011 Mr. Speaker: H 207, as amended, H 193, as amended, and H 227, as We, your COMMITTEE ON JUDICIARY, RULES, AND amended, by State Affairs Committee, were introduced, read the ADMINISTRATION, report that we have enrolled HCR 15 and first time by title, and filed for second reading. H 122. WILLS, Chairman Second Reading of Bills and Joint Resolutions The Speaker announced he was about to sign enrolled HCR 24 and H 224, by State Affairs Committee, were read HCR 15 and H 122 and, when so signed, ordered them the second time by title and filed for third reading. transmitted to the Senate for the signature of the President. S 1115, SCR 106, and S 1042, by State Affairs Committee, March 16, 2011 were read the second time by title and filed for third reading. Mr. Speaker: We, your COMMITTEE ON JUDICIARY, RULES, AND H 5 and H 218, by Health and Welfare Committee, were read ADMINISTRATION, report that we have engrossed H 91, as the second time by title and filed for third reading. amended, H 207, as amended, H 193, as amended, and H 227, as amended. H 260, by Ways and Means Committee, was read the second WILLS, Chairman time by title and filed for third reading. H 91, as amended, H 207, as amended, H 193, as amended, S 1102, by Health and Welfare Committee, was read the and H 227, as amended, were filed for first reading of engrossed second time by title and filed for third reading. bills. S 1107, by Education Committee, was read the second time March 15, 2011 by title and filed for third reading. Mr. Speaker: We, your COMMITTEE ON JUDICIARY, RULES, AND H 239, by Revenue and Taxation Committee, was read the ADMINISTRATION, report that we have transmitted enrolled second time by title and filed for third reading. HJM 1 to the Secretary of State at 1:33 p.m., as of this date, March 15, 2011. There being no objection, the House advanced to the Twelfth WILLS, Chairman Order of Business. March 15, 2011 Mr. Speaker: Consideration of General Orders We, your COMMITTEE ON RESOURCES AND Mr. Moyle moved that the House do now resolve itself into a CONSERVATION, report that we have had under consideration Committee of the Whole House for the consideration of General H 272 and recommend that it do pass. Orders. Seconded by Mr. Rusche. Motion carried. STEVENSON, Chairman H 272 was filed for second reading. Whereupon the House resolved itself into a Committee of the Whole House for the consideration of General Orders with March 16, 2011 Mr. Bedke in the Chair. Mr. Speaker: We, your COMMITTEE ON STATE AFFAIRS, report that When the Committee of the Whole House rose, we have had under consideration H 233, S 1041, S 1071, as the Speaker returned to the Chair and the House was in order. amended, and SCR 108 and recommend that they do pass. Report of the Committee of the Whole House LOERTSCHER, Chairman March 16, 2011 H 233, S 1041, S 1071, as amended, and SCR 108 were filed Mr. Speaker: for second reading. We, your COMMITTEE OF THE WHOLE HOUSE, report There being no objection, the House advanced to the Eighth that we have had under consideration H 181 and H 242 and report Order of Business. them back without recommendation, amended as follows: 208 HOUSE JOURNAL March 16, 2011]

HOUSE AMENDMENT TO H.B. NO. 181 The question being, "Shall H 222 pass?"

AMENDMENT TO SECTION 1 Roll call resulted as follows: On page 1 of the printed bill, in line 9, delete "An Idaho AYES – Anderson, Andrus, Barbieri, Barrett, Bayer, Small Business"; delete lines 10 and 11; in line 12, delete Bedke, Bolz, Boyle, Burgoyne, Collins, Crane, DeMordaunt, "proposals and to compete for awards. An" and insert: "The Gibbs(Wheeler), Guthrie, Hagedorn, Hart, Hartgen, Harwood, Legislature intends that an"; in line 21, following "Business" Henderson, Loertscher, Luker, Marriott, McMillan, Moyle, insert: "Federal Funding"; and in line 22, delete "Fund" and Nesset, Nielsen, Nonini, Palmer, Patrick, Perry, Roberts, insert: "Act". Schaefer, Shepherd, Simpson, Sims, Takasugi(Batt), Thayn, AMENDMENT TO SECTION 2 Vander Woude, Wood(27), Wood(35), Mr. Speaker. Total – 41. On page 1, in line 26, following "ACT" insert: "– FUND NAYS – Bateman, Bell, Bilbao, Black, Block, CREATED"; also in line 26, following "(1)" insert: "There is Buckner-Webb, Chadderdon(Chadderdon), Chew, Cronin, hereby created in the state treasury the Idaho small business Eskridge, Higgins, Jaquet, Killen, King, Lacey, Lake, assistance fund to which shall be credited all moneys that may McGeachin, Pence, Raybould, Ringo, Rusche, Shirley, be appropriated, apportioned, allocated, and paid back to the Smith(30), Smith(24), Stevenson, Thompson, Trail, Wills. fund, including grants, federal moneys, donations, gifts, funds Total – 28. from any other source or otherwise provided by law. The moneys Absent and excused – Ellsworth. Total – 1. in the fund shall be used to reimburse Idaho small businesses Total – 70. for costs incurred in the process of developing and submitting Whereupon the Speaker declared that H 222 passed the federal grant proposals and to compete for awards. The Idaho House. Title was approved and the bill ordered transmitted to department of commerce shall administer the fund. the Senate. (2)"; in line 35, delete "in general fund dollars"; in line 38, delete "2" H 259 was read the third time at length, section by section, and insert: "3"; and on page 2, in line 1, delete "3" and insert: "4". and placed before the House for final consideration. CORRECTION TO TITLE At this time, the Speaker recognized Mrs. Ringo to open On page 1, in line 4, following the second "IDAHO CODE," debate. insert: "TO CREATE THE IDAHO SMALL BUSINESS ASSISTANCE FUND, TO PROVIDE FOR THE USE OF The question being, "Shall H 259 pass?" MONEYS IN SUCH FUND, TO PROVIDE THAT THE IDAHO DEPARTMENT OF COMMERCE SHALL ADMINISTER Roll call resulted as follows: SUCH FUND,". AYES – Anderson, Andrus, Barrett, Bateman, Bedke, Bell, Bilbao, Black, Block, Bolz, Buckner-Webb, Burgoyne, HOUSE AMENDMENT TO H.B. NO. 242 Chadderdon(Chadderdon), Chew, Cronin, Eskridge, Gibbs(Wheeler), Guthrie, Hagedorn, Hartgen, Henderson, AMENDMENT TO SECTION 1 Higgins, Jaquet, Killen, King, Lacey, Lake, Loertscher, Luker, On page 2 of the printed bill, in line 6, delete "existing". Marriott, McGeachin, Moyle, Nesset, Patrick, Pence, Raybould, Ringo, Roberts, Rusche, Shepherd, Shirley, Simpson, Smith(30), We have also had under consideration S 1053, as amended, Smith(24), Stevenson, Thompson, Trail, Vander Woude, Wills, H 231, and H 141, report progress and beg leave to sit again. Wood(27). Total – 50. BEDKE, Chairman NAYS – Barbieri, Bayer, Boyle, Collins, Crane, DeMordaunt, Hart, Harwood, McMillan, Nielsen, Nonini, Mr. Bedke moved that the report be adopted. Seconded by Palmer, Perry, Schaefer, Sims, Takasugi(Batt), Thayn, Wood(35), Mr. Rusche. Mr. Speaker. Total – 19. Whereupon the Speaker declared the report adopted. Absent and excused – Ellsworth. Total – 1. Total – 70. H 181, as amended, and H 242, as amended, were referred to the Judiciary, Rules, and Administration Committee for Whereupon the Speaker declared that H 259 passed the engrossing. House. Title was approved and the bill ordered transmitted to the Senate. S 1053, as amended, H 231, and H 141 were retained on General Orders. Mr. Moyle asked unanimous consent that the remaining bills on the Third Reading Calendar retain their places for one The amendments were referred to Judiciary, Rules, and legislative day. There being no objection, it was so ordered. Administration committee for printing. There being no objection, the House returned to the Eighth There being no objection, the House returned to the Eleventh Order of Business. Order of Business. Introduction, First Reading, and Reference Third Reading of Bills and Joint Resolutions of Bills and Joint Resolutions

H 222 was read the third time at length, section by section, HOUSE BILL NO. 280 and placed before the House for final consideration. BY WAYS AND MEANS COMMITTEE At this time, the Speaker recognized Mr. Simpson to open AN ACT debate. RELATING TO FARM EQUIPMENT; AMENDING THE HEADING FOR CHAPTER 23, TITLE 28, IDAHO Pursuant to Rule 38(3), Ms. Perry disclosed a conflict of CODE, TO PROVIDE FOR THE REPURCHASE OF FARM interest regarding H 222. EQUIPMENT UPON THE TERMINATION OF CONTRACTS; [March 16, 2011 HOUSE JOURNAL 209

AMENDING SECTION 28-23-101, IDAHO CODE, TO REMOVE A PROVISION RELATING TO DEALER OPTIONS PROVIDE FOR CERTAIN PAYMENT OR CREDIT TO A TO ACCEPT THE SUPPLIERS' REIMBURSEMENT RETAILER RELATING TO EQUIPMENT, TO PROVIDE TERMS AND CONDITIONS IN LIEU OF THE TERMS FOR PAYMENT OF THE NET COST OF UNSOLD AND AND CONDITIONS SET FORTH IN SPECIFIED LAW; UNDAMAGED COMPLETE FARM IMPLEMENTS AND AMENDING SECTION 28-24-105, IDAHO CODE, TO EQUIPMENT, TO REMOVE A TIME CONDITION, TO PROVIDE THAT JUDGMENTS MAY INCLUDE DAMAGES PROVIDE THAT CERTAIN PROVISIONS SHALL APPLY IN THE AMOUNT OF TWO TIMES THE COMPENSATORY TO PURCHASES BY RETAILERS FROM PERSONS, FIRMS DAMAGES; AND AMENDING CHAPTER 24, TITLE OR CORPORATIONS IN THE BUSINESS OF SELLING 28, IDAHO CODE, BY THE ADDITION OF A NEW OR RETAILING FARM EQUIPMENT, IMPLEMENTS SECTION 28-24-108, IDAHO CODE, TO PROVIDE FOR AND PARTS, TO REVISE PROVISIONS RELATING JURISDICTION AND VENUE. TO THE AMOUNT OF THE PAYMENT OR CREDIT FOR DEMONSTRATION OR RENTAL EQUIPMENT, TO HOUSE BILL NO. 281 PROVIDE THAT THE SUPPLIER ASSUMES OWNERSHIP BY WAYS AND MEANS COMMITTEE OF EQUIPMENT AND TO MAKE TECHNICAL AN ACT CORRECTIONS; AMENDING SECTION 28-23-102, IDAHO RELATING TO PUBLIC RECORDS; AMENDING CODE, TO PROVIDE FOR CERTAIN PAYMENT OR SECTION 9-337, IDAHO CODE, TO DEFINE A TERM; CREDIT TO A RETAILER RELATING TO EQUIPMENT, AMENDING SECTION 9-338, IDAHO CODE, TO PROVIDE TO REMOVE A TIME CONDITION, TO PROVIDE FOR THAT PUBLIC AGENCIES AND INDEPENDENT PUBLIC THE PASSAGE OF TITLE RELATING TO EQUIPMENT, BODIES CORPORATE AND POLITIC MAY IMPOSE TO PROVIDE FOR POSSESSION OF EQUIPMENT, TO CERTAIN REQUIREMENTS RELATING TO REQUESTS PROVIDE FOR PAYMENT WITHIN NINETY DAYS FROM FOR PUBLIC RECORDS, TO PROVIDE THAT REQUESTS THE TERMINATION DATE OF THE DEALER AGREEMENT FOR PUBLIC RECORDS AND DELIVERY OF PUBLIC AND TO MAKE TECHNICAL CORRECTIONS; AMENDING RECORDS MAY BE MADE BY ELECTRONIC MAIL, SECTION 28-23-103, IDAHO CODE, TO PROVIDE THAT TO REVISE PROVISIONS RELATING TO INQUIRIES SPECIFIED PROVISIONS ARE SUPPLEMENTAL TO BY CUSTODIANS IN CONNECTION WITH REQUESTS CERTAIN AGREEMENTS RELATING TO EQUIPMENT FOR PUBLIC RECORDS, TO REMOVE REFERENCE AND TO PROVIDE THAT DESIGNATED REMEDIES TO CERTAIN DISCRETIONARY REQUIREMENTS SHALL APPLY TO CERTAIN EQUIPMENT; AMENDING ASSOCIATED WITH REQUESTS FOR PUBLIC RECORDS, SECTION 28-23-104, IDAHO CODE, TO PROVIDE FOR TO REVISE FEE PROVISIONS ASSOCIATED WITH THE REPURCHASE OF EQUIPMENT FROM HEIRS AND REQUESTS FOR PUBLIC RECORDS, TO REMOVE TO MAKE TECHNICAL CORRECTIONS; AMENDING PROVISIONS RELATING TO ADVANCE PAYMENT OF SECTION 28-23-105, IDAHO CODE, TO PROVIDE FOR COSTS OF COPYING, THE CREDITING OF MONEYS CIVIL LIABILITY RELATING TO VIOLATIONS OF RECEIVED TO CERTAIN ACCOUNTS AND THE SPECIFIED PROVISIONS, TO PROVIDE FOR LIABILITY EXPENDITURE OF SUCH FUNDS BY AN AGENCY, UPON FAILURE TO PAY FOLLOWING CANCELLATION TO PROVIDE FOR THE PAY RATE OF FEES, TO OF CONTRACTS RELATING TO EQUIPMENT, TO PROVIDE THAT UNDER CERTAIN CIRCUMSTANCES PROVIDE THAT JUDGMENTS MAY INCLUDE DAMAGES THERE SHALL BE NO COST OR FEE CHARGED FOR IN THE AMOUNT OF TWO TIMES THE COMPENSATORY EXAMINATION OR COPYING OF PUBLIC RECORDS, DAMAGES AND TO MAKE A TECHNICAL CORRECTION; TO PROVIDE THAT STATEMENTS OF FEES SHALL AMENDING SECTION 28-23-107, IDAHO CODE, TO BE ITEMIZED, TO PROHIBIT LUMP SUM COSTS, TO REVISE A DEFINITION AND TO MAKE TECHNICAL PROVIDE FOR THE AGGREGATION OF RELATED CORRECTIONS; AMENDING SECTION 28-23-108, IDAHO REQUESTS UNDER CERTAIN CIRCUMSTANCES, TO CODE, TO PROVIDE CERTAIN NOTICE REQUIREMENTS PROVIDE FOR ADVANCE PAYMENT OF FEES, TO RELATING TO WHOLESALERS, MANUFACTURERS PROVIDE FOR THE CREDITING OF MONEYS RECEIVED AND DISTRIBUTORS OF EQUIPMENT AND TO TO CERTAIN ACCOUNTS AND TO PROVIDE FOR THE MAKE A TECHNICAL CORRECTION; AMENDING EXPENDITURE OF SUCH FUNDS BY AN AGENCY, TO SECTION 28-23-110, IDAHO CODE, TO PROVIDE FOR PROVIDE FOR THE RETURN OF EXCESS ADVANCE PENALTIES FOR FAILURE TO GIVE CERTAIN NOTICE OR PAYMENTS UNDER CERTAIN CIRCUMSTANCES AND TO OBTAIN CONSENT RELATING TO MANUFACTURERS, REMOVE A PROVISION AUTHORIZING THAT REQUESTS WHOLESALERS AND DISTRIBUTORS OF FARM FOR PUBLIC RECORDS AND DELIVERY OF PUBLIC EQUIPMENT AND TO MAKE TECHNICAL CORRECTIONS; RECORDS MAY BE CONDUCTED BY ELECTRONIC AMENDING CHAPTER 23, TITLE 28, IDAHO CODE, BY MAIL; DECLARING AN EMERGENCY AND PROVIDING THE ADDITION OF A NEW SECTION 28-23-112, IDAHO FOR APPLICABILITY. CODE, TO PROVIDE FOR JURISDICTION AND VENUE; AMENDING CHAPTER 23, TITLE 28, IDAHO CODE, BY HOUSE BILL NO. 282 THE ADDITION OF A NEW SECTION 28-23-113, IDAHO BY WAYS AND MEANS COMMITTEE CODE, TO PROVIDE THAT SPECIFIED DEFINITIONS AN ACT SHALL APPLY; AMENDING THE HEADING FOR RELATING TO AIR QUALITY; REPEALING SECTION CHAPTER 24, TITLE 28, IDAHO CODE, TO PROVIDE FOR 39-116B, IDAHO CODE, RELATING TO THE VEHICLE AGREEMENTS BETWEEN SUPPLIERS AND DEALERS INSPECTION AND MAINTENANCE PROGRAM; OF FARM EQUIPMENT; AMENDING SECTION 28-24-101, AMENDING CHAPTER 1, TITLE 39, IDAHO CODE, BY IDAHO CODE, TO REVISE LEGISLATIVE FINDINGS AND THE ADDITION OF A NEW SECTION 39-116B, IDAHO INTENT; AMENDING SECTION 28-24-102, IDAHO CODE, CODE, TO PROHIBIT REGULATION OF AIR POLLUTANTS TO REVISE DEFINITIONS AND TO DEFINE A TERM; AND EMISSIONS FROM MOTOR VEHICLES BY THE AMENDING SECTION 28-24-104B, IDAHO CODE, TO BOARD OF ENVIRONMENTAL QUALITY AND THE 210 HOUSE JOURNAL March 16, 2011]

DIRECTOR OF THE DEPARTMENT OF ENVIRONMENTAL QUALITY; AND REPEALING CHAPTER 67, TITLE 39, IDAHO CODE, RELATING TO THE TREASURE VALLEY AIR QUALITY COUNCIL AND OTHER REGIONAL AIR QUALITY COUNCILS.

HOUSE BILL NO. 283 BY WAYS AND MEANS COMMITTEE AN ACT RELATING TO INSURANCE AND TRADE PRACTICES AND FRAUD; AMENDING SECTION 41-1314, IDAHO CODE, TO REPLACE REFERENCES TO AGENTS, SOLICITORS AND BROKERS WITH REFERENCE TO PRODUCERS AND TO PROVIDE THAT CERTAIN PROVISIONS DO NOT PROHIBIT CERTAIN INSURERS FROM PROVIDING TO A POLICYHOLDER OR PROSPECTIVE POLICYHOLDER OF CERTAIN INSURANCE ANY PRIZES, GOODS, WARES, MERCHANDISE, ARTICLES OR PROPERTY OF A CERTAIN AGGREGATE VALUE. H 280, H 281, H 282, and H 283 were introduced, read the first time by title, and referred to the Judiciary, Rules, and Administration Committee for printing. There being no objection, the House advanced to the Sixteenth Order of Business. Adjournment Mr. Moyle moved that the House adjourn until 9:30 a.m., Thursday, March 17, 2011. Seconded by Mr. Rusche. Motion carried. Whereupon the Speaker declared the House adjourned at 11:43 a.m. LAWERENCE DENNEY, Speaker ATTEST: BONNIE ALEXANDER, Chief Clerk [March 17, 2011 HOUSE JOURNAL 211

HOUSE JOURNAL The Speaker Pro Tem announced the Speaker was about to sign enrolled S 1018, S 1019, S 1020, S 1066, S 1074, S 1081, OF THE S 1082, S 1096, and S 1116 and, when so signed, ordered them returned to the Senate. IDAHO LEGISLATURE March 16, 2011 Mr. Speaker: FIRST REGULAR SESSION I return herewith enrolled H 203, H 158, H 85, H 153, H 152, SIXTY-FIRST LEGISLATURE H 108, H 109, and H 142, as amended in the Senate, which have been signed by the President. WOOD, Secretary Enrolled H 203, H 158, H 85, H 153, H 152, H 108, H 109, SIXTY-SEVENTH LEGISLATIVE DAY and H 142, as amended in the Senate, were referred to the THURSDAY, MARCH 17, 2011 Judiciary, Rules, and Administration Committee for delivery to the Governor.

House of Representatives March 16, 2011 Mr. Speaker: The House convened at 9:30 a.m., Mr. Moyle in the Chair. I transmit herewith S 1157 and S 1158 which have passed the Senate. Roll call showed 69 members present. WOOD, Secretary Absent and excused – Nielsen. Total – 1. Total – 70. S 1157 and S 1158 were filed for first reading. Prayer was offered by Chaplain Tom Dougherty. March 16, 2011 The Pledge of Allegiance was led by Isaac Best, Page. Mr. Speaker: I return herewith HCR 5, H 115, H 174, H 164, H 130, and Approval of Journal H 131 which have passed the Senate. WOOD, Secretary March 17, 2011 Mr. Speaker: HCR 5, H 115, H 174, H 164, H 130, and H 131 were We, your COMMITTEE ON JUDICIARY, RULES, AND referred to the Judiciary, Rules, and Administration Committee ADMINISTRATION, report that we have read and approved the for enrolling. House Journal of the Sixty-sixth Legislative Day and recommend that same be adopted as corrected. Report of Standing Committees WILLS, Chairman March 17, 2011 Mr. Wills moved that the report be adopted. Seconded by Mr. Speaker: Mr. Burgoyne. Report adopted. We, your COMMITTEE ON JUDICIARY, RULES, AND ADMINISTRATION, report that we have printed H 280, H 281, Consideration of Messages from the H 282, H 283, and House amendments to H 181, and H 242. Governor and the Senate WILLS, Chairman OFFICE OF THE GOVERNOR H 280 and H 283 were referred to the Business Committee. Boise H 281 was referred to the State Affairs Committee. March 16, 2011 H 282 was referred to the Environment, Energy, and The Honorable Lawerence Denney Technology Committee. Speaker of the House March 17, 2011 Dear Mr. Speaker: Mr. Speaker: I have the honor to advise you that I have signed today and We, your COMMITTEE ON JUDICIARY, RULES, AND am transmitting to the Secretary of State the following House ADMINISTRATION, report that we have enrolled H 154, H 160, bills, to wit: H 178, and H 94. H 46, H 47, H 48, H 62, H 63, H 64, H 78, H 80, H 81, H 82, WILLS, Chairman H 113, H 121, H 135, H 143, H 148, H 157, and H 167 The Speaker Pro Tem announced the Speaker was about to As Always - Idaho, "Esto Perpetua" sign enrolled H 154, H 160, H 178, and H 94 and, when so /s/ C.L. "Butch" Otter signed, ordered them transmitted to the Senate for the signature Governor of the President. March 16, 2011 March 17, 2011 Mr. Speaker: Mr. Speaker: I transmit herewith enrolled S 1018, S 1019, S 1020, S 1066, We, your COMMITTEE ON JUDICIARY, RULES, AND S 1074, S 1081, S 1082, S 1096, and S 1116 for the signature of ADMINISTRATION, report that we have engrossed H 181, as the Speaker. amended, and H 242, as amended. WOOD, Secretary WILLS, Chairman 212 HOUSE JOURNAL March 17, 2011]

H 181, as amended, and H 242, as amended, were filed for PROMOTION FUND; AND EXEMPTING APPROPRIATION first reading of engrossed bills. OBJECT AND PROGRAM TRANSFER LIMITATIONS. March 16, 2011 Mr. Speaker: HOUSE BILL NO. 285 We, your COMMITTEE ON JUDICIARY, RULES, AND BY APPROPRIATIONS COMMITTEE ADMINISTRATION, report that we have transmitted enrolled AN ACT HCR 18 to the Secretary of State at 10:44 a.m., as of this date, RELATING TO HIGHWAY TRANSPORTATION March 16, 2011. PROJECTS; APPROVING BONDING AUTHORITY TO WILLS, Chairman FINANCE CERTAIN HIGHWAY TRANSPORTATION March 16, 2011 PROJECTS; REFERENCING PROJECTS TO BE Mr. Speaker: FINANCED WITH BOND PROCEEDS; LIMITING We, your COMMITTEE ON JUDICIARY, RULES, THE SCOPE OF TRANSPORTATION PROJECTS; AND ADMINISTRATION, report that we have had under PROVIDING A REQUIREMENT REGARDING A GARVEE consideration H 234 and S 1043 and recommend that they do PROGRAM MANAGEMENT SERVICES AGREEMENT; pass. PROVIDING FOR ISSUANCE OF GARVEE BONDS; WILLS, Chairman PROVIDING LEGISLATIVE INTENT AS TO THE IDAHO TRANSPORTATION BOARD'S PRIORITY USE OF H 234 and S 1043 were filed for second reading. BOND REVENUE; PROVIDING LEGISLATIVE INTENT REGARDING WORK PERFORMED BY THE IDAHO March 16, 2011 TRANSPORTATION DEPARTMENT; AUTHORIZING A Mr. Speaker: TRANSFER OF FUNDS FOR DEBT SERVICE; PROVIDING We, your COMMITTEE ON TRANSPORTATION AND A DATE FOR SUBMISSION OF A REPORT TO THE DEFENSE, report that we have had under consideration LEGISLATURE; AND DECLARING AN EMERGENCY. H 232 and S 1089, as amended, and recommend that they do pass. SMITH, Chairman HOUSE BILL NO. 286 H 232 and S 1089, as amended, were filed for second BY APPROPRIATIONS COMMITTEE reading. AN ACT APPROPRIATING MONEYS TO THE EXECUTIVE March 16, 2011 OFFICE OF THE GOVERNOR FOR FISCAL YEAR 2012; Mr. Speaker: LIMITING THE NUMBER OF FULL-TIME EQUIVALENT We, your COMMITTEE ON AGRICULTURAL AFFAIRS, POSITIONS; AND EXEMPTING APPROPRIATION OBJECT report that we have had under consideration H 269, H 270, and AND PROGRAM TRANSFER LIMITATIONS. SCR 101 and recommend that they do pass. TRAIL, Chairman HOUSE BILL NO. 287 H 269, H 270, and SCR 101 were filed for second reading. BY APPROPRIATIONS COMMITTEE March 16, 2011 AN ACT Mr. Speaker: APPROPRIATING MONEYS TO THE IDAHO STATE We, your COMMITTEE ON HEALTH AND WELFARE, LOTTERY FOR FISCAL YEAR 2012; AND LIMITING THE report that we have had under consideration S 1022 and NUMBER OF FULL-TIME EQUIVALENT POSITIONS. S 1076 and recommend that they do pass. MCGEACHIN, Chairman HOUSE BILL NO. 288 S 1022 and S 1076 were filed for second reading. BY APPROPRIATIONS COMMITTEE AN ACT There being no objection, the House advanced to the Eighth APPROPRIATING MONEYS TO THE DEPARTMENT Order of Business. OF SELF-GOVERNING AGENCIES FOR THE MEDICAL Introduction, First Reading, and Reference BOARDS FOR FISCAL YEAR 2012; AND LIMITING THE of Bills and Joint Resolutions NUMBER OF FULL-TIME EQUIVALENT POSITIONS.

HOUSE BILL NO. 284 BY APPROPRIATIONS COMMITTEE HOUSE BILL NO. 289 AN ACT BY APPROPRIATIONS COMMITTEE APPROPRIATING MONEYS TO THE IDAHO AN ACT TRANSPORTATION DEPARTMENT FOR FISCAL YEAR APPROPRIATING MONEYS TO THE LEGISLATIVE 2012; LIMITING THE NUMBER OF AUTHORIZED COUNCIL FOR FISCAL YEAR 2012; EXEMPTING FULL-TIME EQUIVALENT POSITIONS; EXPRESSING APPROPRIATION OBJECT AND PROGRAM TRANSFER LEGISLATIVE INTENT WITH REGARD TO CERTAIN LIMITATIONS; REAPPROPRIATING CERTAIN TRANSFERS BEING CONTINUOUSLY APPROPRIATED; UNEXPENDED AND UNENCUMBERED BALANCES; PROVIDING REAPPROPRIATION FOR CONTRACT AND PROVIDING THAT THE PRESIDENT PRO TEMPORE CONSTRUCTION AND RIGHT-OF-WAY ACQUISITION; OF THE SENATE AND THE SPEAKER OF THE HOUSE PROVIDING REAPPROPRIATION FOR AIRPORT OF REPRESENTATIVES SHALL DIRECT THE STATE DEVELOPMENT GRANTS; AUTHORIZING THE CONTROLLER TO LIMIT THE FUNDS TRANSFER TO TRANSFER OF HIGHWAY FUNDS TO THE TOURISM AND THE LEGISLATIVE FUND FOR FISCAL YEAR 2012. [March 17, 2011 HOUSE JOURNAL 213

HOUSE BILL NO. 290 H 91, as amended, by Transportation and Defense BY APPROPRIATIONS COMMITTEE Committee, was read the second time by title and filed for third AN ACT reading. APPROPRIATING MONEYS TO THE DEPARTMENT OF PARKS AND RECREATION FOR FISCAL YEAR 2012; Third Reading of Bills and Joint Resolutions LIMITING THE NUMBER OF FULL-TIME EQUIVALENT H 191 was read the third time at length, section by section, POSITIONS; EXEMPTING THE DEPARTMENT FROM and placed before the House for final consideration. CERTAIN TRANSFER LIMITATIONS; PROVIDING REAPPROPRIATION AUTHORITY FOR CERTAIN At this time, the Speaker Pro Tem recognized Mr. Bilbao to BALANCES; AND PROVIDING LEGISLATIVE INTENT open debate. WITH RESPECT TO LISTED PROJECTS. The question being, "Shall H 191 pass?" HOUSE BILL NO. 291 BY APPROPRIATIONS COMMITTEE Roll call resulted as follows: AN ACT AYES – Anderson, Barbieri, Barrett, Bedke, Bilbao, Black, APPROPRIATING ADDITIONAL MONEYS TO THE Bolz, Buckner-Webb, Burgoyne, Chadderdon(Chadderdon), DEPARTMENT OF WATER RESOURCES FOR FISCAL Chew, Cronin, Eskridge, Gibbs(Wheeler), Guthrie, Hart, YEAR 2011; TRANSFERRING ADDITIONAL MONEYS Henderson, Higgins, Jaquet, Killen, King, Lacey, McMillan, FOR FISCAL YEAR 2011; APPROPRIATING MONEYS Nesset, Patrick, Pence, Perry, Ringo, Roberts, Rusche, Schaefer, TO THE DEPARTMENT OF WATER RESOURCES FOR Shepherd, Sims, Smith(30), Stevenson, Takasugi(Batt), Trail, FISCAL YEAR 2012; LIMITING THE NUMBER OF Vander Woude, Wills, Wood(27). Total – 40. FULL-TIME EQUIVALENT POSITIONS; AND DECLARING NAYS – Andrus, Bateman, Bayer, Bell, Block, Boyle, AN EMERGENCY. Collins, Crane, DeMordaunt, Ellsworth, Hagedorn, Hartgen, Harwood, Lake, Loertscher, Luker, Marriott, McGeachin, Moyle, HOUSE BILL NO. 292 Nonini, Palmer, Raybould, Shirley, Simpson, Smith(24), Thayn, BY APPROPRIATIONS COMMITTEE Thompson, Wood(35), Mr. Speaker. Total – 29. AN ACT Absent and excused – Nielsen. Total – 1. APPROPRIATING MONEYS TO THE DEPARTMENT Total – 70. OF SELF-GOVERNING AGENCIES FOR REGULATORY Whereupon the Speaker Pro Tem declared that H 191 passed BOARDS FOR FISCAL YEAR 2012; AND LIMITING THE the House. Title was approved and the bill ordered transmitted to NUMBER OF FULL-TIME EQUIVALENT POSITIONS. the Senate. H 284, H 285, H 286, H 287, H 288, H 289, H 290, H 291, H 201 was read the third time at length, section by section, and H 292 were introduced, read the first time by title, and and placed before the House for final consideration. referred to the Judiciary, Rules, and Administration Committee for printing. At this time, the Speaker Pro Tem recognized Mr. Nonini and Mrs. Wood(35) to open debate. S 1157 and S 1158, by Finance Committee, were introduced, read the first time by title, and filed for second reading. The question being, "Shall H 201 pass?"

First Reading of Engrossed Bills Roll call resulted as follows: H 181, as amended, by Business Committee, was introduced, AYES – Anderson, Andrus, Barbieri, Barrett, Bateman, read the first time by title, and filed for second reading. Bayer, Bedke, Bell, Bilbao, Black, Block, Bolz, Boyle, Chadderdon(Chadderdon), Collins, Crane, DeMordaunt, H 242, as amended, by State Affairs Committee, was Eskridge, Gibbs(Wheeler), Guthrie, Hagedorn, Hart, Hartgen, introduced, read the first time by title, and filed for second Harwood, Henderson, Lake, Loertscher, Luker, Marriott, reading. McGeachin, McMillan, Moyle, Nesset, Nielsen, Nonini, Palmer, Second Reading of Bills and Joint Resolutions Patrick, Perry, Raybould, Roberts, Schaefer, Shepherd, Shirley, Simpson, Sims, Smith(24), Stevenson, Takasugi(Batt), Thayn, HCR 25, by Revenue and Taxation Committee, was read the Thompson, Trail, Vander Woude, Wills, Wood(27), Wood(35), second time by title and filed for third reading. Mr. Speaker. Total – 56. NAYS – Buckner-Webb, Burgoyne, Chew, Cronin, H 276, by Appropriations Committee, was read the second Ellsworth, Higgins, Jaquet, Killen, King, Lacey, Pence, Ringo, time by title and filed for third reading. Rusche, Smith(30). Total – 14. H 272, by Ways and Means Committee, was read the second Paired Votes: time by title and filed for third reading. AYE – Nielsen NAY – Chew (Pairs enumerated in roll call above.) H 233, H 207, as amended, H 193, as amended, and H 227, Total – 70. as amended, by State Affairs Committee, were read the second time by title and filed for third reading. Whereupon the Speaker Pro Tem declared that H 201 passed the House. Title was approved and the bill ordered transmitted to S 1041, S 1071, as amended, and SCR 108, by State Affairs the Senate. Committee, were read the second time by title and filed for third reading. H 224 was read the third time at length, section by section, and placed before the House for final consideration. S 1077, as amended in the House, by Resources and Environment Committee, was read the second time by title and At this time, the Speaker Pro Tem recognized Mrs. Higgins filed for third reading. to open debate. 214 HOUSE JOURNAL March 17, 2011]

The question being, "Shall H 224 pass?" Thayn, Thompson, Trail, Vander Woude, Wills, Wood(27), Wood(35), Mr. Speaker. Total – 64. Roll call resulted as follows: NAYS – None. AYES – Anderson, Andrus, Barbieri, Barrett, Bateman, Absent and excused – Anderson, Lake, Loertscher, Nielsen, Bayer, Bedke, Bell, Black, Block, Bolz, Boyle, Buckner-Webb, Palmer, Simpson. Total – 6. Burgoyne, Chadderdon(Chadderdon), Chew, Collins, Crane, Total – 70. Cronin, DeMordaunt, Ellsworth, Eskridge, Gibbs(Wheeler), Guthrie, Hagedorn, Hart, Hartgen, Harwood, Higgins, Jaquet, Whereupon the Speaker Pro Tem declared that H 218 passed Killen, Lacey, Lake, Luker, Marriott, McGeachin, Moyle, the House. Title was approved and the bill ordered transmitted to Nesset, Nonini, Palmer, Patrick, Pence, Perry, Raybould, Ringo, the Senate. Roberts, Rusche, Schaefer, Shepherd, Shirley, Sims, Smith(30), Smith(24), Stevenson, Takasugi(Batt), Thayn, Thompson, Trail, H 260 was read the third time at length, section by section, Vander Woude, Wills, Wood(27), Wood(35). Total – 62. and placed before the House for final consideration. NAYS – McMillan. Total – 1. At this time, the Speaker Pro Tem recognized Absent and excused – Bilbao, Henderson, King, Loertscher, Mrs. McGeachin to open debate. Nielsen, Simpson, Mr. Speaker. Total – 7. Total – 70. Pursuant to Rule 38(3), Mr. DeMordaunt disclosed a conflict Whereupon the Speaker Pro Tem declared that H 224 passed of interest regarding H 260. the House. Title was approved and the bill ordered transmitted to The question being, "Shall H 260 pass?" the Senate. H 5 was read the third time at length, section by section, and Roll call resulted as follows: placed before the House for final consideration. AYES – Anderson, Andrus, Barbieri, Barrett, Bateman, Bayer, Bedke, Bell, Bilbao, Black, Block, Bolz, Boyle, At this time, the Speaker Pro Tem recognized Ms. Chew to Chadderdon(Chadderdon), Collins, Crane, DeMordaunt, open debate. Ellsworth, Eskridge, Gibbs(Wheeler), Guthrie, Hagedorn, Hart, Hartgen, Harwood, Henderson, Lake, Loertscher, Luker, The question being, "Shall H 5 pass?" Marriott, McGeachin, McMillan, Moyle, Nesset, Nielsen, Nonini, Palmer, Patrick, Perry, Raybould, Roberts, Schaefer, Shepherd, Roll call resulted as follows: Shirley, Simpson, Sims, Smith(24), Stevenson, Takasugi(Batt), AYES – Andrus, Barbieri, Barrett, Bateman, Bayer, Thayn, Thompson, Vander Woude, Wills, Wood(27), Wood(35), Bedke, Bell, Bilbao, Block, Bolz, Boyle, Buckner-Webb, Mr. Speaker. Total – 56. Burgoyne, Chadderdon(Chadderdon), Chew, Collins, Crane, NAYS – Buckner-Webb, Burgoyne, Chew, Cronin, Higgins, Cronin, DeMordaunt, Ellsworth, Eskridge, Gibbs(Wheeler), Jaquet, Killen, King, Lacey, Pence, Ringo, Rusche, Smith(30), Guthrie, Hagedorn, Hart, Hartgen, Henderson, Higgins, Jaquet, Trail. Total – 14. Killen, King, Lacey, Lake, Luker, Marriott, McMillan, Moyle, Paired Votes: Nesset, Nonini, Patrick, Pence, Perry, Raybould, Ringo, Roberts, Rusche, Schaefer, Shepherd, Shirley, Sims, Smith(30), AYE – Nielsen NAY – Killen Smith(24), Stevenson, Takasugi(Batt), Thayn, Thompson, Trail, (Pairs enumerated in roll call above.) Vander Woude, Wills, Wood(27), Wood(35), Mr. Speaker. Total – 70. Total – 62. Whereupon the Speaker Pro Tem declared that H 260 passed NAYS – Harwood. Total – 1. the House. Title was approved and the bill ordered transmitted to Absent and excused – Anderson, Black, Loertscher, the Senate. McGeachin, Nielsen, Palmer, Simpson. Total – 7. Total – 70. Mr. Bedke asked unanimous consent that H 239 retain its Whereupon the Speaker Pro Tem declared that H 5 passed place on the Third Reading Calendar for one legislative day. the House. Title was approved and the bill ordered transmitted to There being no objection, it was so ordered. the Senate. HCR 24 was read the third time at length and placed before H 218 was read the third time at length, section by section, the House for final consideration. and placed before the House for final consideration. At this time, the Speaker Pro Tem recognized Mr. Andrus to At this time, the Speaker Pro Tem recognized Mr. Rusche to open debate. open debate. The question being, "Shall HCR 24 be adopted?" The question being, "Shall H 218 pass?" Roll call resulted as follows: Roll call resulted as follows: AYES – Anderson, Andrus, Barbieri, Barrett, Bateman, AYES – Andrus, Barbieri, Barrett, Bateman, Bayer, Bedke, Bayer, Bedke, Bell, Bilbao, Block, Bolz, Boyle, Buckner-Webb, Bell, Bilbao, Black, Block, Bolz, Boyle, Buckner-Webb, Burgoyne, Chadderdon(Chadderdon), Chew, Collins, Crane, Burgoyne, Chadderdon(Chadderdon), Chew, Collins, Crane, Cronin, DeMordaunt, Ellsworth, Eskridge, Gibbs(Wheeler), Cronin, DeMordaunt, Ellsworth, Eskridge, Gibbs(Wheeler), Guthrie, Hagedorn, Hart, Hartgen, Harwood, Henderson, Guthrie, Hagedorn, Hart, Hartgen, Harwood, Henderson, Higgins, Jaquet, Killen, King, Lacey, Lake, Loertscher, Luker, Higgins, Jaquet, Killen, King, Lacey, Luker, Marriott, Marriott, McGeachin, McMillan, Moyle, Nesset, Nonini, McGeachin, McMillan, Moyle, Nesset, Nonini, Patrick, Pence, Palmer, Patrick, Pence, Perry, Raybould, Ringo, Roberts, Perry, Raybould, Ringo, Roberts, Rusche, Schaefer, Shepherd, Rusche, Schaefer, Shepherd, Shirley, Simpson, Sims, Smith(30), Shirley, Sims, Smith(30), Smith(24), Stevenson, Takasugi(Batt), Smith(24), Stevenson, Takasugi(Batt), Thayn, Thompson, Trail, [March 17, 2011 HOUSE JOURNAL 215

Vander Woude, Wills, Wood(27), Wood(35), Mr. Speaker. At this time, the Speaker Pro Tem recognized Ms. Jaquet to Total – 68. open debate. NAYS – None. Absent and excused – Black, Nielsen. Total – 2. The question being, "Shall S 1141 pass?" Total – 70. Roll call resulted as follows: Whereupon the Speaker Pro Tem declared HCR 24 adopted AYES – Anderson, Andrus, Bateman, Bayer, Bedke, and ordered the resolution transmitted to the Senate. Bell, Bilbao, Black, Block, Bolz, Buckner-Webb, Burgoyne, Chadderdon(Chadderdon), Chew, Collins, Crane, Cronin, S 1114 was read the third time at length, section by section, DeMordaunt, Ellsworth, Eskridge, Gibbs(Wheeler), Guthrie, and placed before the House for final consideration. Hagedorn, Hartgen, Henderson, Higgins, Jaquet, Killen, King, At this time, the Speaker Pro Tem recognized Mr. Crane to Lacey, Lake, Loertscher, Luker, Marriott, McGeachin, Moyle, open debate. Nesset, Nonini, Patrick, Pence, Perry, Raybould, Ringo, Roberts, Rusche, Shepherd, Shirley, Simpson, Smith(30), The question being, "Shall S 1114 pass?" Smith(24), Stevenson, Takasugi(Batt), Thayn, Thompson, Trail, Vander Woude, Wills, Wood(27), Wood(35), Mr. Speaker. Roll call resulted as follows: Total – 60. AYES – Anderson, Andrus, Barbieri, Barrett, Bateman, NAYS – Barbieri, Barrett, Boyle, Hart, Harwood, McMillan, Bayer, Bedke, Bell, Bilbao, Block, Bolz, Boyle, Buckner-Webb, Palmer, Schaefer, Sims. Total – 9. Burgoyne, Chadderdon(Chadderdon), Chew, Collins, Crane, Absent and excused – Nielsen. Total – 1. Cronin, DeMordaunt, Ellsworth, Eskridge, Gibbs(Wheeler), Total – 70. Guthrie, Hagedorn, Hart, Hartgen, Harwood, Henderson, Higgins, Jaquet, Killen, King, Lacey, Lake, Loertscher, Luker, Whereupon the Speaker Pro Tem declared that S 1141 passed Marriott, McGeachin, McMillan, Moyle, Nesset, Nonini, the House. Title was approved and the bill ordered returned to the Palmer, Patrick, Pence, Perry, Raybould, Ringo, Roberts, Senate. Rusche, Schaefer, Shepherd, Shirley, Simpson, Sims, Smith(30), Mr. Bedke asked unanimous consent that the remaining Smith(24), Stevenson, Takasugi(Batt), Thayn, Thompson, Trail, bills on the Third Reading Calendar retain their places for one Vander Woude, Wills, Wood(27), Wood(35), Mr. Speaker. legislative day. There being no objection, it was so ordered. Total – 68. NAYS – None. There being no objection, the House advanced to the Absent and excused – Black, Nielsen. Total – 2. Sixteenth Order of Business. Total – 70. Adjournment Whereupon the Speaker Pro Tem declared that S 1114 passed the House. Title was approved and the bill ordered returned to the Mr. Bedke moved that the House adjourn until 10 a.m., Senate. Friday, March 18, 2011. Seconded by Mr. Rusche. Motion carried. S 1140 was read the third time at length, section by section, and placed before the House for final consideration. Whereupon the Speaker Pro Tem declared the House adjourned at 12:07 p.m. At this time, the Speaker Pro Tem recognized Mr. Eskridge LAWERENCE DENNEY, Speaker to open debate. ATTEST: The question being, "Shall S 1140 pass?" BONNIE ALEXANDER, Chief Clerk Roll call resulted as follows: AYES – Anderson, Andrus, Barbieri, Barrett, Bateman, Bayer, Bedke, Bell, Bilbao, Black, Block, Bolz, Boyle, Buckner-Webb, Burgoyne, Chadderdon(Chadderdon), Chew, Collins, Crane, Cronin, DeMordaunt, Ellsworth, Eskridge, Gibbs(Wheeler), Guthrie, Hagedorn, Hart, Hartgen, Harwood, Henderson, Higgins, Jaquet, Killen, King, Lacey, Lake, Loertscher, Luker, Marriott, McGeachin, McMillan, Moyle, Nesset, Nonini, Palmer, Patrick, Pence, Perry, Raybould, Ringo, Roberts, Rusche, Shepherd, Shirley, Simpson, Sims, Smith(30), Smith(24), Stevenson, Takasugi(Batt), Thayn, Thompson, Trail, Vander Woude, Wills, Wood(27), Wood(35), Mr. Speaker. Total – 68. NAYS – Schaefer. Total – 1. Absent and excused – Nielsen. Total – 1. Total – 70. Whereupon the Speaker Pro Tem declared that S 1140 passed the House. Title was approved and the bill ordered returned to the Senate. S 1141 was read the third time at length, section by section, and placed before the House for final consideration. 216 HOUSE JOURNAL March 18, 2011]

HOUSE JOURNAL The Speaker announced he was about to sign enrolled S 1101, S 1103, S 1118, S 1121, S 1123, as amended, and S 1127 and, OF THE when so signed, ordered them returned to the Senate. March 17, 2011 IDAHO LEGISLATURE Mr. Speaker: I transmit herewith S 1160, S 1161, S 1162, and S 1163 which FIRST REGULAR SESSION have passed the Senate. SIXTY-FIRST LEGISLATURE WOOD, Secretary S 1160, S 1161, S 1162, and S 1163 were filed for first reading. March 17, 2011 SIXTY-EIGHTH LEGISLATIVE DAY Mr. Speaker: FRIDAY, MARCH 18, 2011 I return herewith H 132, H 237, H 238, H 2, H 3, and H 4 which have passed the Senate. WOOD, Secretary House of Representatives H 132, H 237, H 238, H 2, H 3, and H 4 were referred to the The House convened at 10 a.m., the Speaker in the Chair. Judiciary, Rules, and Administration Committee for enrolling. Roll call showed 66 members present. Report of Standing Committees Absent and excused – McGeachin, McMillan, Nielsen, Nonini. Total – 4. March 18, 2011 Total – 70. Mr. Speaker: We, your COMMITTEE ON JUDICIARY, RULES, AND Prayer was offered by Chaplain Tom Dougherty. ADMINISTRATION, report that we have printed H 284, H 285, The Pledge of Allegiance was led by Jenee Walters, Page. H 286, H 287, H 288, H 289, H 290, H 291, and H 292. WILLS, Chairman Approval of Journal H 284, H 285, H 286, H 287, H 288, H 289, H 290, H 291, March 18, 2011 and H 292 were filed for second reading. Mr. Speaker: We, your COMMITTEE ON JUDICIARY, RULES, AND March 18, 2011 ADMINISTRATION, report that we have read and approved Mr. Speaker: the House Journal of the Sixty-seventh Legislative Day and We, your COMMITTEE ON JUDICIARY, RULES, AND recommend that same be adopted as corrected. ADMINISTRATION, report that we have enrolled HCR 5, WILLS, Chairman H 115, H 174, H 164, H 130, and H 131. WILLS, Chairman Mr. Wills moved that the report be adopted. Seconded by The Speaker announced he was about to sign enrolled Mr. Burgoyne. Report adopted. HCR 5, H 115, H 174, H 164, H 130, and H 131 and, when so Consideration of Messages from the signed, ordered them transmitted to the Senate for the signature Governor and the Senate of the President. March 17, 2011 OFFICE OF THE GOVERNOR Mr. Speaker: Boise We, your COMMITTEE ON JUDICIARY, RULES, AND March 17, 2011 ADMINISTRATION, report that we have transmitted enrolled H 203, H 158, H 85, H 153, H 152, H 108, H 109, and H 142, The Honorable Lawerence Denney as amended in the Senate, to the Governor at 10:10 a.m., as of Speaker of the House this date, March 17, 2011. WILLS, Chairman Dear Mr. Speaker: I have the honor to advise you that I have signed today and March 17, 2011 am transmitting to the Secretary of State the following House Mr. Speaker: bills, to wit: We, your COMMITTEE ON STATE AFFAIRS, report that we have had under consideration H 268 and recommend that it H 49 and H 65 do pass. LOERTSCHER, Chairman As Always - Idaho, "Esto Perpetua" /s/ C.L. "Butch" Otter H 268 was filed for second reading. Governor March 18, 2011 March 17, 2011 Mr. Speaker: Mr. Speaker: We, your COMMITTEE ON BUSINESS, report that we I transmit herewith enrolled S 1101, S 1103, S 1118, S 1121, have had under consideration H 256, H 266, and H 280 and S 1123, as amended, and S 1127 for the signature of the Speaker. recommend that they do pass. WOOD, Secretary BLACK, Chairman [March 18, 2011 HOUSE JOURNAL 217

H 256, H 266, and H 280 were filed for second reading. HOUSE BILL NO. 294 BY APPROPRIATIONS COMMITTEE March 17, 2011 AN ACT Mr. Speaker: APPROPRIATING ADDITIONAL MONEYS TO THE We, your COMMITTEE ON COMMERCE AND HUMAN BOARD OF TAX APPEALS FOR FISCAL YEAR 2011; RESOURCES, report that we have had under consideration APPROPRIATING MONEYS TO THE BOARD OF TAX H 240, H 262, H 263, and HCR 22 and recommend that they APPEALS FOR FISCAL YEAR 2012; LIMITING THE do pass. NUMBER OF FULL-TIME EQUIVALENT POSITIONS; AND BLOCK, Chairman DECLARING AN EMERGENCY.

H 240, H 262, H 263, and HCR 22 were filed for second HOUSE BILL NO. 295 reading. BY COMMERCE AND HUMAN RESOURCES March 17, 2011 COMMITTEE Mr. Speaker: AN ACT We, your COMMITTEE ON STATE AFFAIRS, report that RELATING TO PUBLIC ASSISTANCE LAW; we have had under consideration H 275 and report it back AMENDING CHAPTER 2, TITLE 56, IDAHO CODE, BY with amendments attached to be placed on General Orders for THE ADDITION OF A NEW SECTION 56-205, IDAHO consideration. CODE, TO REQUIRE THAT THE STATE DEPARTMENT LOERTSCHER, Chairman OF HEALTH AND WELFARE OR ITS AUTHORIZED AGENT ISSUES CERTAIN BENEFITS AS EVENLY AS IS H 275 was placed on General Orders for consideration. PRACTICABLE OVER THE COURSE OF A CERTAIN TIME FRAME; AND DECLARING AN EMERGENCY. March 17, 2011 Mr. Speaker: H 293, H 294, and H 295 were introduced, read the first time We, your COMMITTEE ON RESOURCES AND by title, and referred to the Judiciary, Rules, and Administration CONSERVATION, report that we have had under consideration Committee for printing. H 247 and report it back with amendments attached to be placed S 1160, S 1161, S 1162, and S 1163, by Finance Committee, on General Orders for consideration. were introduced, read the first time by title, and filed for second STEVENSON, Chairman reading. H 247 was placed on General Orders for consideration. There being no objection, the House advanced to the Tenth Order of Business. There being no objection, the House advanced to the Eighth Order of Business. Second Reading of Bills and Joint Resolutions H 234 and H 242, as amended, by State Affairs Committee, Introduction, First Reading, and Reference were read the second time by title and filed for third reading. of Bills and Joint Resolutions S 1043, by Judiciary and Rules Committee, was read the second time by title and filed for third reading. House of Representatives State of Idaho H 232, H 269, and H 270, by Ways and Means Committee, were read the second time by title and filed for third reading. March 17, 2011 S 1089, as amended, by Commerce and Human Resources The Honorable Sharon L. Block, Chairman Committee, was read the second time by title and filed for third Commerce and Human Resources Committee reading.

Dear Representative Block: SCR 101, by Agricultural Affairs Committee, was read the second time by title and filed for third reading. I hereby designate the Commerce and Human Resources S 1022, by Bock, was read the second time by title and filed Committee a privileged committee on Thursday, March 17, for third reading. 2011, for the purpose of introducing RS 20643 (HB 295). S 1076, by Health and Welfare Committee, was read the Sincerely, second time by title and filed for third reading. /s/ Lawerence Denney Speaker of the House S 1157 and S 1158, by Finance Committee, were read the second time by title and filed for third reading. The letter was ordered filed in the office of the Chief Clerk. H 181, as amended, by Business Committee, was read the second time by title and filed for third reading. HOUSE BILL NO. 293 Third Reading of Bills and Joint Resolutions BY APPROPRIATIONS COMMITTEE AN ACT H 239 was read the third time at length, section by section, APPROPRIATING MONEYS TO THE DEPARTMENT and placed before the House for final consideration. OF LABOR FOR FISCAL YEAR 2012; APPROPRIATING At this time, the Speaker recognized Mr. Moyle to open REED ACT MONEYS TO THE DEPARTMENT OF LABOR debate. FOR FISCAL YEAR 2012; AND LIMITING THE NUMBER OF FULL-TIME EQUIVALENT POSITIONS. The question being, "Shall H 239 pass?" 218 HOUSE JOURNAL March 18, 2011]

Roll call resulted as follows: Sims, Smith(30), Smith(24), Stevenson, Takasugi(Batt), Thayn, AYES – Anderson, Andrus, Barbieri, Barrett, Thompson, Wills, Wood(27), Wood(35), Mr. Speaker. Total – 55. Bayer, Bedke, Bell, Bilbao, Black, Block, Bolz, Boyle, NAYS – Boyle, Burgoyne, Chew, Crane, King, Marriott, Chadderdon(Chadderdon), Collins, Crane, DeMordaunt, Shepherd, Simpson, Trail, Vander Woude. Total – 10. Ellsworth, Eskridge, Gibbs(Wheeler), Guthrie, Hagedorn, Absent and excused – Anderson, McGeachin, McMillan, Hart, Hartgen, Harwood, Henderson, Higgins, Jaquet, Lake, Nielsen, Nonini. Total – 5. Luker, Marriott, Moyle, Nesset, Palmer, Patrick, Pence, Perry, Paired Votes: Raybould, Roberts, Rusche, Schaefer, Shepherd, Shirley, Sims, AYE – Henderson NAY – Chew Smith(30), Smith(24), Stevenson, Takasugi(Batt), Thayn, Trail, AYE – Sims NAY – King Vander Woude, Wills, Wood(27), Wood(35), Mr. Speaker. (Pairs enumerated in roll call above.) Total – 54. Total – 70. NAYS – Buckner-Webb, Burgoyne, Chew, Cronin, Killen, King, Lacey, Ringo. Total – 8. Whereupon the Speaker declared HCR 25 adopted and Absent and excused – Bateman, Loertscher, McGeachin, ordered the resolution transmitted to the Senate. McMillan, Nielsen, Nonini, Simpson, Thompson. Total – 8. Total – 70. Mr. Bedke asked unanimous consent that H 91, as amended, be placed on General Orders for consideration. There Whereupon the Speaker declared that H 239 passed the being no objection it was so ordered. House. Title was approved and the bill ordered transmitted to the Senate. Mr. Moyle asked unanimous consent that the remaining bills on the Third Reading Calendar retain their places until Monday, H 276 was read the third time at length, section by section, March 21, 2011. There being no objection, it was so ordered. and placed before the House for final consideration. There being no objection, the House advanced to the At this time, the Speaker recognized Mr. Bolz to open debate. Sixteenth Order of Business. The question being, "Shall H 276 pass?" Adjournment Roll call resulted as follows: Mr. Moyle moved that the House adjourn until 9:30 a.m., AYES – Anderson, Andrus, Bateman, Bayer, Bedke, Monday, March 21, 2011. Seconded by Mr. Rusche. Motion Bell, Bilbao, Black, Block, Bolz, Boyle, Buckner-Webb, carried. Burgoyne, Chadderdon(Chadderdon), Chew, Collins, Crane, Cronin, Eskridge, Gibbs(Wheeler), Guthrie, Hagedorn, Hartgen, Whereupon the Speaker declared the House adjourned at Henderson, Higgins, Jaquet, Killen, King, Lacey, Lake, 11:31 a.m. Loertscher, Luker, Marriott, Moyle, Nesset, Palmer, Patrick, LAWERENCE DENNEY, Speaker Pence, Perry, Raybould, Ringo, Roberts, Rusche, Schaefer, Shepherd, Shirley, Simpson, Smith(30), Smith(24), Stevenson, ATTEST: Takasugi(Batt), Thayn, Thompson, Trail, Vander Woude, Wills, BONNIE ALEXANDER, Chief Clerk Wood(27), Wood(35), Mr. Speaker. Total – 59. NAYS – Barbieri, Barrett, DeMordaunt, Ellsworth, Hart, Harwood, Sims. Total – 7. Absent and excused – McGeachin, McMillan, Nielsen, Nonini. Total – 4. Total – 70. Whereupon the Speaker declared that H 276 passed the House. Title was approved and the bill ordered transmitted to the Senate. Mr. Moyle asked unanimous consent that HCR 25 be placed at the top of the Third Reading Calendar. There being no objection, it was so ordered. HCR 25 was read the third time at length and placed before the House for final consideration. At this time, the Speaker recognized Mr. Bayer to open debate. The question being, "Shall HCR 25 be adopted?"

Roll call resulted as follows: AYES – Andrus, Barbieri, Barrett, Bateman, Bayer, Bedke, Bell, Bilbao, Black, Block, Bolz, Buckner-Webb, Chadderdon(Chadderdon), Collins, Cronin, DeMordaunt, Ellsworth, Eskridge, Gibbs(Wheeler), Guthrie, Hagedorn, Hart, Hartgen, Harwood, Henderson, Higgins, Jaquet, Killen, Lacey, Lake, Loertscher, Luker, Moyle, Nesset, Palmer, Patrick, Pence, Perry, Raybould, Ringo, Roberts, Rusche, Schaefer, Shirley, [March 21, 2011 HOUSE JOURNAL 219

HOUSE JOURNAL HCR 16 was referred to the Judiciary, Rules, and Administration Committee for enrolling. OF THE Report of Standing Committees IDAHO LEGISLATURE March 21, 2011 Mr. Speaker: FIRST REGULAR SESSION We, your COMMITTEE ON JUDICIARY, RULES, AND SIXTY-FIRST LEGISLATURE ADMINISTRATION, report that we have printed H 293, H 294, and H 295. WILLS, Chairman H 293, H 294, and H 295 were filed for second reading. SEVENTY-FIRST LEGISLATIVE DAY March 21, 2011 MONDAY, MARCH 21, 2011 Mr. Speaker: We, your COMMITTEE ON JUDICIARY, RULES, AND ADMINISTRATION, report that we have enrolled H 132, H 237, House of Representatives H 238, H 2, H 3, and H 4. The House convened at 9:30 a.m., the Speaker in the Chair. WILLS, Chairman Roll call showed 69 members present. The Speaker announced he was about to sign enrolled H 132, Absent and excused – Wood(35). Total – 1. H 237, H 238, H 2, H 3, and H 4 and, when so signed, ordered Total – 70. them transmitted to the Senate for the signature of the President. Prayer was offered by Chaplain Tom Dougherty. March 18, 2011 Mr. Speaker: The Pledge of Allegiance was led by Isaac Best, Page. We, your COMMITTEE ON JUDICIARY, RULES, AND ADMINISTRATION, report that we have had under Approval of Journal consideration S 1067 and S 1132 and recommend that they do pass. March 21, 2011 WILLS, Chairman Mr. Speaker: We, your COMMITTEE ON JUDICIARY, RULES, AND S 1067 and S 1132 were filed for second reading. ADMINISTRATION, report that we have read and approved the House Journal of the Sixty-eighth Legislative Day and There being no objection, the House advanced to the Eighth recommend that same be adopted as corrected. Order of Business. WILLS, Chairman Introduction, First Reading, and Reference Mr. Wills moved that the report be adopted. Seconded by of Bills and Joint Resolutions Mr. Burgoyne. Report adopted. S 1147, by State Affairs Committee, was introduced, read Consideration of Messages from the the first time by title, and referred to the Commerce and Human Governor and the Senate Resources Committee. March 18, 2011 S 1026, as amended, by Judiciary and Rules Committee, was Mr. Speaker: introduced, read the first time by title, and referred to the State I return herewith enrolled HCR 15, H 122, H 154, H 160, Affairs Committee. H 178, and H 94 which have been signed by the President. WOOD, Secretary There being no objection, the House advanced to the Tenth Order of Business. Enrolled HCR 15 was referred to the Judiciary, Rules, and Administration Committee for delivery to the Secretary of State. Second Reading of Bills and Joint Resolutions Enrolled H 122, H 154, H 160, H 178, and H 94 were H 284, H 285, H 286, H 287, H 288, H 289, H 290, H 291, referred to the Judiciary, Rules, and Administration Committee and H 292, by Appropriations Committee, were read the second for delivery to the Governor. time by title and filed for third reading. March 18, 2011 H 268, H 256, H 280, H 262, H 263, and HCR 22, by Ways Mr. Speaker: and Means Committee, were read the second time by title and I transmit herewith S 1147 and S 1026, as amended, which filed for third reading. have passed the Senate. WOOD, Secretary H 266, by Education Committee, was read the second time by title and filed for third reading. S 1147 and S 1026, as amended, were filed for first reading. H 240, by Revenue and Taxation Committee, was read the March 18, 2011 second time by title and filed for third reading. Mr. Speaker: I return herewith HCR 16 which has passed the Senate. S 1160, S 1161, S 1162, and S 1163, by Finance Committee, WOOD, Secretary were read the second time by title and filed for third reading. 220 HOUSE JOURNAL March 21, 2011]

Third Reading of Bills and Joint Resolutions The question being, "Shall H 193, as amended, pass?"

H 272 was read the third time at length, section by section, Roll call resulted as follows: and placed before the House for final consideration. AYES – Anderson, Andrus, Barbieri, Barrett, Bateman, At this time, the Speaker recognized Mr. Stevenson to open Bayer, Bedke, Bell, Bilbao, Black, Block, Bolz, Boyle, debate. Chadderdon(Chadderdon), Collins, Crane, DeMordaunt, Ellsworth, Eskridge, Gibbs(Wheeler), Guthrie, Hagedorn, Hart, The question being, "Shall H 272 pass?" Hartgen, Harwood, Henderson, Lake, Loertscher, Marriott, McGeachin, McMillan, Moyle, Nesset, Nielsen, Nonini, Palmer, Roll call resulted as follows: Patrick, Perry, Raybould, Roberts, Schaefer, Shepherd, Shirley, AYES – Andrus, Barbieri, Bateman, Bayer, Bedke, Bell, Simpson, Sims, Stevenson, Takasugi(Batt), Thayn, Thompson, Bilbao, Black, Block, Bolz, Boyle, Chadderdon(Chadderdon), Vander Woude, Wills, Wood(27), Mr. Speaker. Total – 53. Collins, DeMordaunt, Ellsworth, Eskridge, Gibbs(Wheeler), NAYS – Buckner-Webb, Burgoyne, Chew, Cronin, Higgins, Guthrie, Hagedorn, Hart, Hartgen, Harwood, Henderson, Jaquet, Killen, King, Lacey, Luker, Pence, Ringo, Rusche, Higgins, King, Lake, Loertscher, Luker, Marriott, McGeachin, Smith(30), Smith(24), Trail. Total – 16. McMillan, Moyle, Nesset, Nielsen, Nonini, Palmer, Patrick, Absent and excused – Wood(35). Total – 1. Pence, Perry, Raybould, Roberts, Schaefer, Shepherd, Shirley, Total – 70. Simpson, Sims, Smith(24), Stevenson, Takasugi(Batt), Thayn, Thompson, Vander Woude, Wills, Wood(27), Mr. Speaker. Whereupon the Speaker Pro Tem declared that H 193, as Total – 55. amended, passed the House. Title was approved and the bill NAYS – Buckner-Webb, Burgoyne, Chew, Cronin, Jaquet, ordered transmitted to the Senate. Killen, Lacey, Ringo, Rusche, Smith(30), Trail. Total – 11. H 227, as amended, was read the third time at length, section Absent and excused – Anderson, Barrett, Crane, Wood(35). by section, and placed before the House for final consideration. Total – 4. Total – 70. At this time, the Speaker Pro Tem recognized Mr. Hart to Whereupon the Speaker declared that H 272 passed the open debate. House. Title was approved and the bill ordered transmitted to The question being, "Shall H 227, as amended, pass?" the Senate. Mr. Moyle asked unanimous consent that H 233 be placed Roll call resulted as follows: immediately following H 242, as amended, on the Third Reading AYES – Anderson, Andrus, Barbieri, Barrett, Bateman, Calendar. There being no objection, it was so ordered. Bayer, Bell, Bilbao, Black, Block, Bolz, Boyle, Buckner-Webb, Burgoyne, Chadderdon(Chadderdon), Chew, Collins, Crane, H 207, as amended, was read the third time at length, section Cronin, DeMordaunt, Ellsworth, Eskridge, Gibbs(Wheeler), by section, and placed before the House for final consideration. Guthrie, Hagedorn, Hart, Hartgen, Harwood, Henderson, Higgins, Jaquet, Killen, King, Lacey, Lake, Loertscher, Luker, At this time, the Speaker recognized Mr. Luker to open Marriott, McGeachin, McMillan, Moyle, Nesset, Nielsen, debate. Nonini, Palmer, Patrick, Pence, Perry, Raybould, Ringo, Roberts, At this time, Mr. Moyle took the Chair. Rusche, Schaefer, Shepherd, Shirley, Simpson, Sims, Smith(30), Smith(24), Stevenson, Takasugi(Batt), Thayn, Thompson, Trail, The question being, "Shall H 207, as amended, pass?" Vander Woude, Wills, Wood(27), Mr. Speaker. Total – 68. NAYS – None. Roll call resulted as follows: Absent and excused – Bedke, Wood(35). Total – 2. AYES – Anderson, Andrus, Barbieri, Barrett, Bateman, Total – 70. Bayer, Bedke, Bell, Bilbao, Black, Block, Bolz, Boyle, Chadderdon(Chadderdon), Collins, Crane, DeMordaunt, Whereupon the Speaker Pro Tem declared that H 227, as Ellsworth, Eskridge, Gibbs(Wheeler), Guthrie, Hagedorn, amended, passed the House. Title was approved and the bill Hart, Hartgen, Harwood, Henderson, Lake, Loertscher, Luker, ordered transmitted to the Senate. Marriott, McGeachin, McMillan, Moyle, Nesset, Nielsen, Nonini, H 234 was read the third time at length, section by section, Palmer, Patrick, Perry, Raybould, Roberts, Schaefer, Shepherd, and placed before the House for final consideration. Shirley, Simpson, Sims, Takasugi(Batt), Thayn, Thompson, Trail, Vander Woude, Wills, Wood(27). Total – 53. At this time, the Speaker Pro Tem recognized Mr. Simpson NAYS – Buckner-Webb, Burgoyne, Chew, Cronin, Higgins, to open debate. Jaquet, Killen, King, Lacey, Pence, Ringo, Rusche, Smith(30), Smith(24). Total – 14. The question being, "Shall H 234 pass?" Absent and excused – Stevenson, Wood(35), Mr. Speaker. Total – 3. Roll call resulted as follows: Total – 70. AYES – Anderson, Andrus, Barbieri, Barrett, Bateman, Bayer, Bedke, Bell, Bilbao, Black, Block, Bolz, Boyle, Whereupon the Speaker Pro Tem declared that H 207, as Buckner-Webb, Burgoyne, Chadderdon(Chadderdon), Chew, amended, passed the House. Title was approved and the bill Collins, Crane, Cronin, DeMordaunt, Ellsworth, Eskridge, ordered transmitted to the Senate. Gibbs(Wheeler), Guthrie, Hagedorn, Hartgen, Harwood, H 193, as amended, was read the third time at length, section Henderson, Higgins, Jaquet, Killen, King, Lacey, Lake, by section, and placed before the House for final consideration. Loertscher, Luker, Marriott, McGeachin, McMillan, Moyle, Nesset, Nielsen, Nonini, Palmer, Patrick, Pence, Perry, Raybould, At this time, the Speaker Pro Tem recognized Mr. Harwood Roberts, Rusche, Schaefer, Shepherd, Shirley, Simpson, Sims, to open debate. Smith(30), Smith(24), Stevenson, Takasugi(Batt), Thayn, [March 21, 2011 HOUSE JOURNAL 221

Thompson, Vander Woude, Wills, Wood(27), Mr. Speaker. Whereupon the Speaker Pro Tem declared that H 270 passed Total – 66. the House. Title was approved and the bill ordered transmitted to NAYS – Hart, Ringo, Trail. Total – 3. the Senate. Absent and excused – Wood(35). Total – 1. Total – 70. H 181, as amended, was read the third time at length, section by section, and placed before the House for final consideration. Whereupon the Speaker Pro Tem declared that H 234 passed the House. Title was approved and the bill ordered transmitted to At this time, the Speaker Pro Tem recognized the Senate. Mr. DeMordaunt and Mr. Cronin to open debate. Mr. Roberts asked unanimous consent that H 232 retain its The question being, "Shall H 181, as amended, pass?" place on the Third Reading Calendar for one legislative day. There being no objection, it was so ordered. Roll call resulted as follows: AYES – Anderson, Andrus, Barbieri, Barrett, Bateman, H 269 was read the third time at length, section by section, Bayer, Bedke, Bell, Bilbao, Black, Block, Bolz, Boyle, and placed before the House for final consideration. Buckner-Webb, Burgoyne, Chadderdon(Chadderdon), Chew, Collins, Crane, Cronin, DeMordaunt, Ellsworth, Eskridge, At this time, the Speaker Pro Tem recognized Ms. Boyle to Gibbs(Wheeler), Guthrie, Hagedorn, Hartgen, Harwood, open debate. Henderson, Higgins, Jaquet, Killen, King, Lacey, Lake, Pursuant to Rule 38(3), Mr. Vander Woude disclosed a Loertscher, Luker, Marriott, McGeachin, McMillan, Moyle, conflict of interest regarding H 269. Nesset, Nielsen, Nonini, Palmer, Patrick, Pence, Perry, Raybould, Ringo, Roberts, Rusche, Shepherd, Shirley, Simpson, Smith(30), The question being, "Shall H 269 pass?" Smith(24), Stevenson, Takasugi(Batt), Thayn, Thompson, Trail, Vander Woude, Wills, Wood(27). Total – 65. Roll call resulted as follows: NAYS – Sims. Total – 1. AYES – Anderson, Andrus, Barbieri, Barrett, Bateman, Absent and excused – Hart, Schaefer, Wood(35), Bayer, Bedke, Bell, Bilbao, Black, Block, Bolz, Boyle, Mr. Speaker. Total – 4. Chadderdon(Chadderdon), Collins, Crane, DeMordaunt, Total – 70. Ellsworth, Eskridge, Gibbs(Wheeler), Guthrie, Hagedorn, Hart, Hartgen, Harwood, Henderson, Higgins, Killen, King, Lacey, Whereupon the Speaker Pro Tem declared that H 181, as Lake, Loertscher, Luker, Marriott, McGeachin, McMillan, amended, passed the House. Title was approved and the bill Moyle, Nesset, Nielsen, Nonini, Palmer, Patrick, Pence, Perry, ordered transmitted to the Senate. Raybould, Roberts, Schaefer, Shepherd, Shirley, Simpson, Sims, Smith(30), Stevenson, Takasugi(Batt), Thayn, Thompson, Trail, H 242, as amended, was read the third time at length, section Vander Woude, Wills, Wood(27), Mr. Speaker. Total – 61. by section, and placed before the House for final consideration. NAYS – Buckner-Webb, Burgoyne, Chew, Cronin, Jaquet, At this time, the Speaker Pro Tem recognized Mr. Guthrie to Ringo, Smith(24). Total – 7. open debate. Absent and excused – Rusche, Wood(35). Total – 2. Total – 70. Mr. Bedke moved that the House recess until 1:15 p.m. Seconded by Mr. Roberts. Motion carried. Whereupon the Speaker Pro Tem declared that H 269 passed the House. Title was approved and the bill ordered transmitted to Whereupon the Speaker Pro Tem declared the House at the Senate. recess until 1:15 p.m. RECESS H 270 was read the third time at length, section by section, Afternoon Session and placed before the House for final consideration. At this time, the Speaker Pro Tem recognized Mr. Patrick to The House reconvened at 1:15 p.m., the Speaker in the Chair. open debate. Roll call showed all 70 members present. The question being, "Shall H 270 pass?" Prior to recess, the House was at the Eleventh Order of Business. Roll call resulted as follows: AYES – Anderson, Andrus, Barbieri, Barrett, Bateman, Third Reading of Bills and Joint Resolutions Bayer, Bedke, Bell, Bilbao, Black, Block, Bolz, Boyle, Buckner-Webb, Burgoyne, Chadderdon(Chadderdon), Chew, H 242, as amended, having previously been read the Collins, Crane, Cronin, DeMordaunt, Ellsworth, Eskridge, third time at length, was placed before the House for final Gibbs(Wheeler), Guthrie, Hagedorn, Hart, Hartgen, Harwood, consideration. Henderson, Higgins, Jaquet, Killen, King, Lacey, Lake, Loertscher, Luker, Marriott, McGeachin, McMillan, Moyle, The question being, "Shall H 242, as amended, pass?" Nesset, Nielsen, Nonini, Palmer, Patrick, Pence, Perry, Raybould, Ringo, Roberts, Rusche, Schaefer, Shepherd, Shirley, Simpson, Roll call resulted as follows: Sims, Smith(30), Smith(24), Stevenson, Takasugi(Batt), Thayn, AYES – Anderson, Andrus, Barbieri, Barrett, Bateman, Thompson, Trail, Vander Woude, Wills, Wood(27), Mr. Speaker. Bayer, Bedke, Bell, Bilbao, Black, Block, Bolz, Boyle, Total – 69. Chadderdon(Chadderdon), Collins, Crane, DeMordaunt, NAYS – None. Ellsworth, Eskridge, Gibbs(Wheeler), Guthrie, Hagedorn, Absent and excused – Wood(35). Total – 1. Hart, Hartgen, Harwood, Henderson, Lake, Loertscher, Luker, Total – 70. Marriott, McGeachin, McMillan, Moyle, Nesset, Nielsen, 222 HOUSE JOURNAL March 21, 2011]

Nonini, Palmer, Patrick, Perry, Raybould, Roberts, Schaefer, There being no objection, the House returned to the Seventh Shepherd, Shirley, Simpson, Sims, Stevenson, Takasugi(Batt), Order of Business. Thayn, Thompson, Trail, Vander Woude, Wills, Wood(27), Wood(35), Mr. Speaker. Total – 56. Motions, Memorials, and Resolutions NAYS – Buckner-Webb, Burgoyne, Chew, Cronin, Higgins, Mr. Moyle moved that all rules of the House interfering with Jaquet, Killen, King, Lacey, Pence, Ringo, Rusche, Smith(30), the immediate consideration of H 284 be suspended; that the Smith(24). Total – 14. portions of Section 15, Article 3 of the Constitution of the State Total – 70. of Idaho, requiring all bills to be read on three several days be Whereupon the Speaker declared that H 242, as dispensed with, this being a case of urgency; and that H 284 be amended, passed the House. Title was approved and the bill read the first time by title, second time by title, and third time at ordered transmitted to the Senate. length, section by section, and placed before the House for final consideration. Seconded by Mr. Rusche. H 233 was read the third time at length, section by section, and placed before the House for final consideration. The question being, "Shall the rules be suspended?" At this time, the Speaker recognized Mr. Crane to open Roll call resulted as follows: debate. AYES – Anderson, Andrus, Barbieri, Barrett, Bateman, Bayer, Bedke, Bell, Bilbao, Black, Block, Bolz, Boyle, The question being, "Shall H 233 pass?" Buckner-Webb, Burgoyne, Chadderdon(Chadderdon), Chew, Collins, Crane, Cronin, DeMordaunt, Ellsworth, Eskridge, Roll call resulted as follows: Gibbs(Wheeler), Guthrie, Hagedorn, Hart, Hartgen, Harwood, AYES – Anderson, Andrus, Barbieri, Barrett, Bateman, Henderson, Higgins, Jaquet, Killen, King, Lacey, Loertscher, Bayer, Bedke, Bell, Bilbao, Black, Block, Bolz, Boyle, Luker, Marriott, McGeachin, McMillan, Moyle, Nesset, Nielsen, Buckner-Webb, Burgoyne, Chadderdon(Chadderdon), Chew, Nonini, Palmer, Patrick, Pence, Perry, Raybould, Ringo, Collins, Crane, Cronin, DeMordaunt, Ellsworth, Eskridge, Rusche, Schaefer, Shepherd, Shirley, Simpson, Sims, Smith(30), Gibbs(Wheeler), Guthrie, Hagedorn, Hart, Hartgen, Harwood, Smith(24), Stevenson, Takasugi(Batt), Thayn, Thompson, Trail, Henderson, Higgins, Jaquet, Killen, King, Lacey, Lake, Vander Woude, Wills, Wood(27), Wood(35), Mr. Speaker. Loertscher, Luker, Marriott, McGeachin, McMillan, Moyle, Total – 68. Nesset, Nielsen, Nonini, Palmer, Patrick, Pence, Perry, Raybould, NAYS – None. Ringo, Roberts, Rusche, Schaefer, Shepherd, Shirley, Simpson, Absent and excused – Lake, Roberts. Total – 2. Sims, Smith(30), Smith(24), Stevenson, Takasugi(Batt), Thayn, Total – 70. Thompson, Trail, Vander Woude, Wills, Wood(27), Wood(35), Mr. Speaker. Total – 70. Whereupon the Speaker declared that more than two-thirds NAYS – None. of the membership having voted in the affirmative, the motion carried, the rules were suspended, and H 284 was read the first Whereupon the Speaker declared that H 233 passed the time by title, second time by title, and third time at length, section House. Title was approved and the bill ordered transmitted to by section, and placed before the House for final consideration. the Senate. At this time, the Speaker recognized Mr. Eskridge to open S 1142 was read the third time at length, section by section, debate. and placed before the House for final consideration. At this time, the Speaker recognized Mr. Bolz to open debate. The question being, "Shall H 284 pass?" The question being, "Shall S 1142 pass?" Roll call resulted as follows: AYES – Anderson, Andrus, Bateman, Bayer, Bedke, Bell, Roll call resulted as follows: Bilbao, Black, Block, Bolz, Boyle, Buckner-Webb, Burgoyne, AYES – Anderson, Andrus, Barbieri, Bateman, Bayer, Bell, Chadderdon(Chadderdon), Chew, Collins, Crane, Cronin, Bilbao, Black, Block, Bolz, Boyle, Buckner-Webb, Burgoyne, DeMordaunt, Ellsworth, Eskridge, Gibbs(Wheeler), Guthrie, Chadderdon(Chadderdon), Chew, Collins, Crane, Cronin, Hagedorn, Hart, Hartgen, Harwood, Henderson, Higgins, Jaquet, DeMordaunt, Ellsworth, Eskridge, Gibbs(Wheeler), Guthrie, Killen, King, Lacey, Lake, Loertscher, Luker, Marriott, Moyle, Hagedorn, Hart, Hartgen, Harwood, Henderson, Higgins, Jaquet, Nesset, Nielsen, Nonini, Palmer, Patrick, Pence, Perry, Raybould, Killen, King, Lacey, Loertscher, Luker, Marriott, McGeachin, Ringo, Roberts, Rusche, Shepherd, Shirley, Sims, Smith(30), McMillan, Moyle, Nesset, Nielsen, Nonini, Palmer, Patrick, Smith(24), Stevenson, Takasugi(Batt), Thayn, Thompson, Trail, Pence, Perry, Raybould, Ringo, Rusche, Schaefer, Shepherd, Vander Woude, Wills, Wood(27), Wood(35), Mr. Speaker. Shirley, Simpson, Sims, Smith(30), Smith(24), Stevenson, Total – 64. Takasugi(Batt), Thayn, Thompson, Trail, Vander Woude, Wills, NAYS – Barbieri, Barrett, McGeachin, McMillan, Schaefer, Wood(27), Wood(35), Mr. Speaker. Total – 66. Simpson. Total – 6. NAYS – Barrett. Total – 1. Total – 70. Absent and excused – Bedke, Lake, Roberts. Total – 3. Total – 70. Whereupon the Speaker declared that H 284 passed the House. Title was approved and the bill ordered transmitted to Whereupon the Speaker declared that S 1142 passed the the Senate. House. Title was approved and the bill ordered returned to the Senate. Mr. Moyle moved that all rules of the House interfering with the immediate consideration of H 285 be suspended; that the Mr. Moyle asked unanimous consent that the remaining portions of Section 15, Article 3 of the Constitution of the State bills on the Third Reading Calendar retain their places for one of Idaho, requiring all bills to be read on three several days be legislative day. There being no objection, it was so ordered. dispensed with, this being a case of urgency; and that H 285 be [March 21, 2011 HOUSE JOURNAL 223 read the first time by title, second time by title, and third time at WHEREAS, the LinkIDAHO Broadband Project is a part length, section by section, and placed before the House for final of the federal State Broadband Data and Development Program consideration. Seconded by Mr. Rusche. funded by the American Recovery and Reinvestment Act with an initial grant of $1.8 million in November 2009 and a supplemental The question being, "Shall the rules be suspended?" award of $2.65 million in September 2010 to position Idaho to continue the project after five years; and Roll call resulted as follows: WHEREAS, the Legislature recognizes the value of planning AYES – Anderson, Andrus, Barbieri, Barrett, Bateman, and plan implementation; and Bayer, Bedke, Bell, Bilbao, Black, Block, Bolz, Boyle, WHEREAS, it is the desire of the Legislature to create Buckner-Webb, Burgoyne, Chadderdon(Chadderdon), Chew, accountability at the state level for progress on implementation Collins, Crane, Cronin, DeMordaunt, Ellsworth, Eskridge, of the broadband plan when it is completed and for successful Gibbs(Wheeler), Guthrie, Hagedorn, Hart, Hartgen, Harwood, coordination within the state and to educate the legislators on Henderson, Higgins, Jaquet, Killen, King, Lacey, Loertscher, broadband needs, use and development within the state of Idaho; Luker, Marriott, McGeachin, McMillan, Moyle, Nesset, Nielsen, and Nonini, Palmer, Patrick, Pence, Perry, Raybould, Ringo, WHEREAS, currently, the state of Idaho shall be designating Rusche, Schaefer, Shepherd, Shirley, Simpson, Sims, Smith(30), an entity under the LinkIDAHO planning process to host the Smith(24), Stevenson, Takasugi(Batt), Thayn, Thompson, Trail, coordination of the state broadband policy and to employ an Vander Woude, Wills, Wood(27), Wood(35), Mr. Speaker. Idaho broadband coordinator; and Total – 68. WHEREAS, it would be the desire of the Legislature that NAYS – None. the coordinating entity do the following: assume the lead role Absent and excused – Lake, Roberts. Total – 2. in collecting information, organizing and sharing data, and Total – 70. promoting the development of broadband infrastructure; and Whereupon the Speaker declared that more than two-thirds develop the capability to enhance broadband communications. of the membership having voted in the affirmative, the motion NOW, THEREFORE, BE IT RESOLVED by the members carried, the rules were suspended, and H 285 was read the first of the First Regular Session of the Sixty-first Idaho Legislature, time by title, second time by title, and third time at length, section the House of Representatives and the Senate concurring therein, by section, and placed before the House for final consideration. that we request the Commission for Libraries or other entity designated to oversee the Idaho Broadband Plan report to the At this time, the Speaker recognized Mr. Eskridge to open Legislature annually on the availability of meaningful broadband debate. capabilities in each area of the state and for major economic sectors, areas of deficiency and recommended actions to promote Pursuant to Rule 38(3), Mr. Moyle disclosed a conflict of or enhance this critical infrastructure and its effective use in its interest regarding H 285. role of hosting the coordination of the LinkIDAHO Broadband The question being, "Shall H 285 pass?" Project and employing the Idaho broadband coordinator. BE IT FURTHER RESOLVED that the Chief Clerk of the Roll call resulted as follows: House of Representatives is directed to forward a copy of this AYES – Anderson, Barbieri, Bedke, Bell, Bilbao, resolution to the Governor and the coordinating entity of the Black, Block, Bolz, Buckner-Webb, Burgoyne, LinkIDAHO Broadband Project. Chadderdon(Chadderdon), Chew, Collins, Cronin, DeMordaunt, Eskridge, Guthrie, Hagedorn, Henderson, Higgins, Jaquet, HCR 26 was introduced, read the first time by title, and Killen, King, Lacey, Loertscher, Moyle, Nesset, Nonini, Patrick, referred to the Judiciary, Rules, and Administration Committee Pence, Perry, Ringo, Rusche, Sims, Smith(30), Stevenson, for printing. Takasugi(Batt), Thayn, Trail, Vander Woude, Wills, Wood(27). Introduction, First Reading, and Reference Total – 42. of Bills and Joint Resolutions NAYS – Andrus, Barrett, Bateman, Bayer, Boyle, Crane, Ellsworth, Gibbs(Wheeler), Hart, Hartgen, Harwood, Lake, HOUSE BILL NO. 296 Luker, Marriott, McGeachin, McMillan, Nielsen, Palmer, BY REVENUE AND TAXATION COMMITTEE Raybould, Roberts, Schaefer, Shepherd, Shirley, Simpson, AN ACT Smith(24), Thompson, Wood(35), Mr. Speaker. Total – 28. RELATING TO THE INCOME TAX CREDIT FOR Paired Votes: CAPITAL INVESTMENT; AMENDING SECTION 63-3029B, AYE – Bedke NAY – Harwood IDAHO CODE, TO REVISE WHAT A QUALIFIED (Pairs enumerated in roll call above.) INVESTMENT SHALL NOT INCLUDE AND TO REVISE Total – 70. REFERENCES TO THE INTERNAL REVENUE CODE; Whereupon the Speaker declared that H 285 passed the DECLARING AN EMERGENCY AND PROVIDING House. Title was approved and the bill ordered transmitted to RETROACTIVE APPLICATION. the Senate. HOUSE BILL NO. 297 HOUSE CONCURRENT RESOLUTION NO. 26 BY REVENUE AND TAXATION COMMITTEE BY WAYS AND MEANS COMMITTEE AN ACT A CONCURRENT RESOLUTION RELATING TO THE SPECIAL INCOME TAX CREDIT STATING LEGISLATIVE FINDINGS AND DIRECTING AVAILABLE FOR NEW EMPLOYEES; TO PROVIDE THE LINKIDAHO STATEWIDE BROADBAND A SHORT TITLE; AMENDING SECTION 63-3029F, COORDINATOR TO REPORT ON ITS IMPLEMENTATION IDAHO CODE, TO REVISE THE INCOME TAX CREDIT OF THE LINKIDAHO BROADBAND PROJECT. AVAILABLE TO RATED EMPLOYERS FOR EMPLOYING NEW EMPLOYEES; AMENDING SECTION 63-4405, IDAHO Be It Resolved by the Legislature of the State of Idaho: CODE, TO PROVIDE A CORRECT CODE REFERENCE; 224 HOUSE JOURNAL March 21, 2011]

DECLARING AN EMERGENCY AND PROVIDING Whereupon the Speaker declared the House adjourned at RETROACTIVE APPLICATION AND PROVIDING 3:15 p.m. EFFECTIVE DATES. LAWERENCE DENNEY, Speaker

HOUSE BILL NO. 298 ATTEST: BY WAYS AND MEANS COMMITTEE BONNIE ALEXANDER, Chief Clerk AN ACT RELATING TO HEALTH CARE LAW; AMENDING SECTION 39-9003, IDAHO CODE, TO REVISE PROVISIONS RELATING TO A STATEMENT OF PUBLIC POLICY RELATING TO HEALTH CARE SERVICES; AMENDING CHAPTER 90, TITLE 39, IDAHO CODE, BY THE ADDITION OF A NEW SECTION 39-9005, IDAHO CODE, TO PROVIDE THAT CERTAIN PROVISIONS OF CERTAIN PUBLIC LAWS SHALL NOT BE ENFORCED BY THE STATE OF IDAHO, TO PROVIDE PROVISIONS THAT CERTAIN ENTITIES SHALL NOT ACT TO IMPLEMENT CERTAIN PROVISIONS OF CERTAIN PUBLIC LAWS AND TO PROVIDE PROVISIONS RELATING TO AN EXECUTIVE ORDER; AMENDING TITLE 39, IDAHO CODE, BY THE ADDITION OF A NEW SECTION 39-9006, IDAHO CODE, TO PROVIDE PROVISIONS RELATING TO VERIFICATION OF CERTAIN PUBLIC LAWS; TO PROVIDE PROVISIONS RELATING TO INTERPRETATION OF THE ACT; PROVIDING SEVERABILITY; DECLARING AN EMERGENCY AND PROVIDING A SUNSET DATE.

HOUSE BILL NO. 299 BY WAYS AND MEANS COMMITTEE AN ACT RELATING TO THE IDAHO HEALTH CARRIER EXTERNAL REVIEW ACT; AMENDING SECTION 41-5904, IDAHO CODE, TO DELETE LANGUAGE RELATING TO CERTAIN FINAL ADVERSE BENEFIT DETERMINATIONS AND TO PROVIDE AN OPT-IN ELECTION TO SINGLE EMPLOYER SELF-FUNDED EMPLOYEE BENEFIT PLANS SUBJECT TO AND OPERATED IN COMPLIANCE WITH THE EMPLOYEE RETIREMENT INCOME SECURITY ACT OF 1974.

HOUSE BILL NO. 300 BY WAYS AND MEANS COMMITTEE AN ACT RELATING TO THE ACCESS TO JUSTICE FUND; AMENDING CHAPTER 16, TITLE 1, IDAHO CODE, BY THE ADDITION OF A NEW SECTION 1-1626, IDAHO CODE, TO CREATE THE ACCESS TO JUSTICE FUND IN THE STATE TREASURY AND TO PROVIDE FOR WHAT MONEYS IN THE FUND MAY BE USED; AND AMENDING SECTION 31-3201A, IDAHO CODE, TO INCREASE CERTAIN FILING FEES AND TO PROVIDE FOR REMITTANCE OF THE FEE INCREASE IN THE ACCESS TO JUSTICE FUND. H 296, H 297, H 298, H 299, and H 300 were introduced, read the first time by title, and referred to the Judiciary, Rules, and Administration Committee for printing. There being no objection, the House advanced to the Sixteenth Order of Business. Adjournment Mr. Moyle moved that the House adjourn until 9:30 a.m., Tuesday, March 22, 2011. Seconded by Mr. Rusche. Motion carried. [March 22, 2011 HOUSE JOURNAL 225

HOUSE JOURNAL March 21, 2011 Mr. Speaker: OF THE I transmit herewith S 1085, S 1143, as amended, and S 1145 which have passed the Senate. IDAHO LEGISLATURE WOOD, Secretary S 1085, S 1143, as amended, and S 1145 were filed for first FIRST REGULAR SESSION reading. SIXTY-FIRST LEGISLATURE March 21, 2011 Mr. Speaker: I return herewith HJM 3 and HCR 19 which have passed the Senate. SEVENTY-SECOND LEGISLATIVE DAY WOOD, Secretary TUESDAY, MARCH 22, 2011 HJM 3 and HCR 19 were referred to the Judiciary, Rules, and Administration Committee for enrolling. House of Representatives Report of Standing Committees The House convened at 9:30 a.m., the Speaker in the Chair. March 22, 2011 Mr. Speaker: Roll call showed 69 members present. We, your COMMITTEE ON JUDICIARY, RULES, AND Absent and excused – Black. Total – 1. ADMINISTRATION, report that we have printed HCR 26, Total – 70. H 296, H 297, H 298, H 299, and H 300. Prayer was offered by Chaplain Tom Dougherty. WILLS, Chairman The Pledge of Allegiance was led by Morgan Mingus, Page. HCR 26 was referred to the Environment, Energy, and Technology Committee.

Approval of Journal H 296 and H 297 were filed for second reading. March 22, 2011 H 298 was referred to the Health and Welfare Committee. Mr. Speaker: H 299 was referred to the Business Committee. We, your COMMITTEE ON JUDICIARY, RULES, AND ADMINISTRATION, report that we have read and approved H 300 was referred to the Judiciary, Rules, and the House Journal of the Seventy-first Legislative Day and Administration Committee. recommend that same be adopted as corrected. WILLS, Chairman March 22, 2011 Mr. Speaker: Mr. Wills moved that the report be adopted. Seconded by We, your COMMITTEE ON JUDICIARY, RULES, AND Mr. Burgoyne. Report adopted. ADMINISTRATION, report that we have enrolled HCR 16. WILLS, Chairman Consideration of Messages from the The Speaker announced he was about to sign enrolled Governor and the Senate HCR 16 and, when so signed, ordered it transmitted to the March 21, 2011 Senate for the signature of the President. Mr. Speaker: March 21, 2011 I transmit herewith enrolled S 1114, S 1140, and S 1141 for Mr. Speaker: the signature of the Speaker. We, your COMMITTEE ON JUDICIARY, RULES, AND WOOD, Secretary ADMINISTRATION, report that we have transmitted enrolled The Speaker announced he was about to sign enrolled S 1114, HCR 15 to the Secretary of State at 9:56 a.m., as of this date, S 1140, and S 1141 and, when so signed, ordered them returned March 21, 2011. to the Senate. WILLS, Chairman March 21, 2011 March 21, 2011 Mr. Speaker: Mr. Speaker: We, your COMMITTEE ON JUDICIARY, RULES, AND I return herewith enrolled HCR 5, H 115, H 174, H 164, ADMINISTRATION, report that we have transmitted enrolled H 130, and H 131 which have been signed by the President. H 122, H 154, H 160, H 178, and H 94 to the Governor at 10 a.m., WOOD, Secretary as of this date, March 21, 2011. WILLS, Chairman Enrolled HCR 5 was referred to the Judiciary, Rules, and Administration Committee for delivery to the Secretary of State. March 21, 2011 Mr. Speaker: We, your COMMITTEE ON COMMERCE AND HUMAN Enrolled H 115, H 174, H 164, H 130, and H 131 were RESOURCES, report that we have had under consideration referred to the Judiciary, Rules, and Administration Committee S 1049 and S 1139 and recommend that they do pass. for delivery to the Governor. BLOCK, Chairman 226 HOUSE JOURNAL March 22, 2011]

S 1049 and S 1139 were filed for second reading. Smith(24), Stevenson, Takasugi(Batt), Thayn, Thompson, Trail, Vander Woude, Wood(27), Wood(35), Mr. Speaker. Total – 67. March 21, 2011 NAYS – None. Mr. Speaker: Absent and excused – Anderson, Black, Wills. Total – 3. We, your COMMITTEE ON BUSINESS, report that we Total – 70. have had under consideration H 283, S 1087, and S 1090 and recommend that they do pass. Whereupon the Speaker declared that H 232 passed the BLACK, Chairman House. Title was approved and the bill ordered transmitted to the Senate. H 283, S 1087, and S 1090 were filed for second reading. H 286 was read the third time at length, section by section, March 21, 2011 and placed before the House for final consideration. Mr. Speaker: We, your COMMITTEE ON RESOURCES AND At this time, the Speaker recognized Mr. Bolz to open debate. CONSERVATION, report that we have had under consideration H 274 and report it back with amendments attached to be placed The question being, "Shall H 286 pass?" on General Orders for consideration. STEVENSON, Chairman Roll call resulted as follows: AYES – Anderson, Andrus, Barbieri, Barrett, Bateman, H 274 was placed on General Orders for consideration. Bayer, Bedke, Bell, Bilbao, Block, Bolz, Boyle, Buckner-Webb, Burgoyne, Chadderdon(Chadderdon), Chew, Collins, Crane, There being no objection, the House advanced to the Eighth Cronin, DeMordaunt, Ellsworth, Eskridge, Gibbs(Wheeler), Order of Business. Guthrie, Hagedorn, Hart, Hartgen, Harwood, Henderson, Introduction, First Reading, and Reference Higgins, Jaquet, Killen, King, Lacey, Lake, Loertscher, Luker, of Bills and Joint Resolutions Marriott, McGeachin, McMillan, Moyle, Nesset, Nielsen, Nonini, Palmer, Patrick, Pence, Perry, Raybould, Ringo, Roberts, S 1085, by Agricultural Affairs Committee, was introduced, Rusche, Schaefer, Shepherd, Shirley, Simpson, Sims, Smith(30), read the first time by title, and referred to the Agricultural Affairs Smith(24), Stevenson, Takasugi(Batt), Thayn, Thompson, Trail, Committee. Vander Woude, Wood(27), Wood(35), Mr. Speaker. Total – 68. NAYS – None. S 1143, as amended, by State Affairs Committee, was Absent and excused – Black, Wills. Total – 2. introduced, read the first time by title, and referred to the Total – 70. Agricultural Affairs Committee. Whereupon the Speaker declared that H 286 passed the S 1145, by State Affairs Committee, was introduced, read the House. Title was approved and the bill ordered transmitted to first time by title, and referred to the State Affairs Committee. the Senate. There being no objection, the House advanced to the Tenth Order of Business. H 287 was read the third time at length, section by section, Second Reading of Bills and Joint Resolutions and placed before the House for final consideration. H 293 and H 294, by Appropriations Committee, were read At this time, the Speaker recognized Mr. Thompson to open the second time by title and filed for third reading. debate. H 295, by Commerce and Human Resources Committee, was Pursuant to Rule 38(3), Mr. Vander Woude disclosed a read the second time by title and filed for third reading. conflict of interest regarding H 287. S 1067 and S 1132, by Judiciary and Rules Committee, were The question being, "Shall H 287 pass?" read the second time by title and filed for third reading. Roll call resulted as follows: Third Reading of Bills and Joint Resolutions AYES – Anderson, Barrett, Bateman, Bayer, Bedke, H 232 was read the third time at length, section by section, Bell, Bilbao, Block, Bolz, Buckner-Webb, Burgoyne, and placed before the House for final consideration. Chadderdon(Chadderdon), Chew, Collins, Crane, Cronin, Ellsworth, Eskridge, Gibbs(Wheeler), Guthrie, Hagedorn, At this time, the Speaker recognized Mrs. Wood(35) to open Hartgen, Henderson, Higgins, Jaquet, Killen, King, Lacey, debate. McGeachin, Moyle, Nesset, Nonini, Patrick, Pence, Perry, Raybould, Ringo, Rusche, Schaefer, Smith(30), Smith(24), The question being, "Shall H 232 pass?" Stevenson, Takasugi(Batt), Thompson, Trail, Vander Woude, Wood(27), Mr. Speaker. Total – 48. Roll call resulted as follows: NAYS – Andrus, Barbieri, Boyle, DeMordaunt, Hart, AYES – Andrus, Barbieri, Barrett, Bateman, Bayer, Harwood, Lake, Loertscher, Luker, Marriott, McMillan, Nielsen, Bedke, Bell, Bilbao, Block, Bolz, Boyle, Buckner-Webb, Palmer, Roberts, Shepherd, Shirley, Simpson, Sims, Thayn, Burgoyne, Chadderdon(Chadderdon), Chew, Collins, Crane, Wood(35). Total – 20. Cronin, DeMordaunt, Ellsworth, Eskridge, Gibbs(Wheeler), Absent and excused – Black, Wills. Total – 2. Guthrie, Hagedorn, Hart, Hartgen, Harwood, Henderson, Total – 70. Higgins, Jaquet, Killen, King, Lacey, Lake, Loertscher, Luker, Marriott, McGeachin, McMillan, Moyle, Nesset, Nielsen, Whereupon the Speaker declared that H 287 passed the Nonini, Palmer, Patrick, Pence, Perry, Raybould, Ringo, Roberts, House. Title was approved and the bill ordered transmitted to Rusche, Schaefer, Shepherd, Shirley, Simpson, Sims, Smith(30), the Senate. [March 22, 2011 HOUSE JOURNAL 227

H 288 was read the third time at length, section by section, McGeachin, McMillan, Moyle, Nesset, Patrick, Pence, Perry, and placed before the House for final consideration. Raybould, Ringo, Roberts, Shirley, Simpson, Smith(30), Smith(24), Stevenson, Takasugi(Batt), Thayn, Thompson, Trail, At this time, the Speaker recognized Mrs. Ringo to open Vander Woude, Wood(27), Mr. Speaker. Total – 52. debate. NAYS – Andrus, Barbieri, Bateman, Boyle, Burgoyne, Hart, Lacey, Loertscher, Nielsen, Nonini, Palmer, Rusche, Schaefer, The question being, "Shall H 288 pass?" Shepherd, Sims, Wood(35). Total – 16. Absent and excused – Black, Wills. Total – 2. Roll call resulted as follows: Total – 70. AYES – Anderson, Andrus, Barbieri, Barrett, Bateman, Bayer, Bedke, Bell, Bilbao, Block, Bolz, Boyle, Buckner-Webb, Whereupon the Speaker declared that H 290 passed the Burgoyne, Chadderdon(Chadderdon), Chew, Collins, Crane, House. Title was approved and the bill ordered transmitted to Cronin, DeMordaunt, Ellsworth, Eskridge, Gibbs(Wheeler), the Senate. Guthrie, Hagedorn, Hart, Hartgen, Harwood, Henderson, Higgins, Jaquet, Killen, King, Lacey, Lake, Loertscher, Luker, H 291 was read the third time at length, section by section, Marriott, McGeachin, McMillan, Moyle, Nesset, Nielsen, and placed before the House for final consideration. Nonini, Palmer, Patrick, Pence, Perry, Raybould, Ringo, Roberts, Rusche, Schaefer, Shepherd, Shirley, Simpson, Sims, Smith(30), At this time, the Speaker recognized Mr. Patrick to open Smith(24), Stevenson, Takasugi(Batt), Thayn, Thompson, Trail, debate. Vander Woude, Wood(27), Mr. Speaker. Total – 67. The question being, "Shall H 291 pass?" NAYS – None. Absent and excused – Black, Wills, Wood(35). Total – 3. Roll call resulted as follows: Total – 70. AYES – Anderson, Andrus, Barrett, Bateman, Bedke, Bell, Whereupon the Speaker declared that H 288 passed the Bilbao, Block, Bolz, Buckner-Webb, Chadderdon(Chadderdon), House. Title was approved and the bill ordered transmitted to Chew, Collins, Crane, Cronin, DeMordaunt, Ellsworth, the Senate. Eskridge, Gibbs(Wheeler), Guthrie, Hagedorn, Hartgen, Henderson, Higgins, Jaquet, Killen, King, Lacey, Luker, H 289 was read the third time at length, section by section, Marriott, McGeachin, Moyle, Nesset, Nonini, Patrick, Pence, and placed before the House for final consideration. Perry, Raybould, Roberts, Rusche, Shepherd, Shirley, Simpson, Smith(30), Smith(24), Stevenson, Takasugi(Batt), Thayn, At this time, the Speaker recognized Mr. Bolz to open debate. Thompson, Trail, Wood(27), Wood(35), Mr. Speaker. Total – 53. NAYS – Barbieri, Bayer, Boyle, Burgoyne, Hart, Harwood, The question being, "Shall H 289 pass?" Lake, Loertscher, McMillan, Nielsen, Palmer, Ringo, Schaefer, Sims, Vander Woude. Total – 15. Roll call resulted as follows: Absent and excused – Black, Wills. Total – 2. AYES – Anderson, Andrus, Barrett, Bateman, Bayer, Bedke, Total – 70. Bell, Bilbao, Block, Bolz, Boyle, Buckner-Webb, Burgoyne, Chadderdon(Chadderdon), Chew, Collins, Crane, Cronin, Whereupon the Speaker declared that H 291 passed the DeMordaunt, Ellsworth, Eskridge, Gibbs(Wheeler), Guthrie, House. Title was approved and the bill ordered transmitted to Hagedorn, Hart, Hartgen, Harwood, Henderson, Higgins, the Senate. Jaquet, Killen, King, Lacey, Lake, Loertscher, Luker, Marriott, McGeachin, Moyle, Nesset, Nielsen, Nonini, Palmer, Patrick, H 292 was read the third time at length, section by section, Pence, Perry, Raybould, Ringo, Roberts, Rusche, Schaefer, and placed before the House for final consideration. Shepherd, Shirley, Simpson, Smith(30), Smith(24), Stevenson, At this time, the Speaker recognized Ms. Jaquet to open Takasugi(Batt), Thayn, Thompson, Trail, Vander Woude, debate. Wood(27), Wood(35), Mr. Speaker. Total – 65. NAYS – Barbieri, McMillan, Sims. Total – 3. The question being, "Shall H 292 pass?" Absent and excused – Black, Wills. Total – 2. Total – 70. Roll call resulted as follows: AYES – Anderson, Andrus, Barbieri, Barrett, Bayer, Bedke, Whereupon the Speaker declared that H 289 passed the Bell, Bilbao, Block, Bolz, Boyle, Buckner-Webb, Burgoyne, House. Title was approved and the bill ordered transmitted to Chadderdon(Chadderdon), Chew, Collins, Crane, Cronin, the Senate. DeMordaunt, Ellsworth, Eskridge, Gibbs(Wheeler), Guthrie, H 290 was read the third time at length, section by section, Hagedorn, Hart, Hartgen, Harwood, Henderson, Higgins, and placed before the House for final consideration. Jaquet, Killen, King, Lacey, Lake, Luker, Marriott, McGeachin, McMillan, Moyle, Nesset, Nonini, Palmer, Patrick, Pence, Perry, At this time, the Speaker recognized Mr. Eskridge to open Raybould, Ringo, Roberts, Rusche, Schaefer, Shepherd, Shirley, debate. Simpson, Smith(30), Smith(24), Stevenson, Takasugi(Batt), Thayn, Thompson, Trail, Vander Woude, Wood(27), Wood(35), The question being, "Shall H 290 pass?" Mr. Speaker. Total – 64. NAYS – Bateman, Loertscher, Nielsen, Sims. Total – 4. Roll call resulted as follows: Absent and excused – Black, Wills. Total – 2. AYES – Anderson, Barrett, Bayer, Bedke, Bell, Bilbao, Total – 70. Block, Bolz, Buckner-Webb, Chadderdon(Chadderdon), Chew, Collins, Crane, Cronin, DeMordaunt, Ellsworth, Eskridge, Whereupon the Speaker declared that H 292 passed the Gibbs(Wheeler), Guthrie, Hagedorn, Hartgen, Harwood, House. Title was approved and the bill ordered transmitted to Henderson, Higgins, Jaquet, Killen, King, Lake, Luker, Marriott, the Senate. 228 HOUSE JOURNAL March 22, 2011]

Mr. Smith(24) asked unanimous consent that Rule 70 be Roll call resulted as follows: suspended for the balance of the legislative session. There being AYES – Anderson, Andrus, Barbieri, Barrett, no objection, it was so ordered. Bateman, Bayer, Bell, Bilbao, Block, Bolz, Boyle, Chadderdon(Chadderdon), Collins, Crane, DeMordaunt, Eskridge, Gibbs(Wheeler), Hagedorn, Hart, Hartgen, Henderson, H 268 was read the third time at length, section by section, Marriott, McGeachin, McMillan, Moyle, Nielsen, Nonini, and placed before the House for final consideration. Palmer, Patrick, Perry, Raybould, Roberts, Schaefer, Shepherd, Shirley, Simpson, Sims, Smith(24), Stevenson, Takasugi(Batt), At this time, the Speaker recognized Mr. Bedke to open Thayn, Thompson, Vander Woude, Wood(35), Mr. Speaker. debate. Total – 45. The question being, "Shall H 268 pass?" NAYS – Bedke, Buckner-Webb, Burgoyne, Chew, Cronin, Ellsworth, Guthrie, Higgins, Jaquet, Killen, King, Lacey, Lake, Roll call resulted as follows: Loertscher, Luker, Nesset, Pence, Ringo, Rusche, Smith(30), AYES – Anderson, Andrus, Barbieri, Barrett, Bateman, Trail, Wood(27). Total – 22. Bayer, Bedke, Bell, Bilbao, Block, Bolz, Boyle, Buckner-Webb, Absent and excused – Black, Harwood, Wills. Total – 3. Burgoyne, Chadderdon(Chadderdon), Chew, Collins, Crane, Total – 70. Cronin, DeMordaunt, Ellsworth, Eskridge, Gibbs(Wheeler), Whereupon the Speaker declared that H 266 passed the Guthrie, Hagedorn, Hart, Hartgen, Harwood, Henderson, House. Title was approved and the bill ordered transmitted to Higgins, Jaquet, Killen, King, Lacey, Lake, Loertscher, Luker, the Senate. Marriott, McMillan, Moyle, Nesset, Nielsen, Nonini, Palmer, Patrick, Pence, Perry, Raybould, Roberts, Rusche, Schaefer, At this time, Mr. Thompson introduced The Honorable Mike Shepherd, Shirley, Simpson, Sims, Smith(30), Stevenson, Crapo, United States Senator, who spoke briefly to the members Takasugi(Batt), Thayn, Thompson, Trail, Vander Woude, of the House. Wood(27), Wood(35), Mr. Speaker. Total – 65. NAYS – Ringo, Smith(24). Total – 2. H 280 was read the third time at length, section by section, Absent and excused – Black, McGeachin, Wills. Total – 3. and placed before the House for final consideration. Total – 70. At this time, the Speaker recognized Mr. Patrick to open Whereupon the Speaker declared that H 268 passed the debate. House. Title was approved and the bill ordered transmitted to the Senate. The question being, "Shall H 280 pass?" Roll call resulted as follows: H 256 was read the third time at length, section by section, AYES – Anderson, Andrus, Barbieri, Barrett, Bateman, and placed before the House for final consideration. Bedke, Bell, Bilbao, Block, Bolz, Boyle, Buckner-Webb, Chadderdon(Chadderdon), Chew, Collins, Cronin, Ellsworth, At this time, the Speaker recognized Mr. Palmer to open Eskridge, Gibbs(Wheeler), Guthrie, Hagedorn, Hart, Hartgen, debate. Harwood, Henderson, Higgins, Killen, King, Lacey, Lake, Loertscher, Luker, Marriott, McGeachin, McMillan, Moyle, The question being, "Shall H 256 pass?" Nesset, Nielsen, Nonini, Patrick, Pence, Perry, Raybould, Ringo, Roberts, Rusche, Schaefer, Shepherd, Shirley, Simpson, Sims, Roll call resulted as follows: Smith(30), Stevenson, Takasugi(Batt), Thayn, Thompson, Trail, AYES – Anderson, Andrus, Barbieri, Barrett, Bateman, Wood(27), Wood(35), Mr. Speaker. Total – 60. Bayer, Bedke, Bilbao, Block, Bolz, Boyle, Buckner-Webb, NAYS – Bayer, Burgoyne, Crane, DeMordaunt, Palmer, Burgoyne, Chadderdon(Chadderdon), Chew, Collins, Crane, Smith(24), Vander Woude. Total – 7. Cronin, DeMordaunt, Ellsworth, Eskridge, Gibbs(Wheeler), Absent and excused – Black, Jaquet, Wills. Total – 3. Guthrie, Hagedorn, Hart, Hartgen, Harwood, Henderson, Total – 70. Higgins, Killen, King, Lacey, Lake, Loertscher, Luker, Marriott, McGeachin, McMillan, Moyle, Nesset, Nielsen, Nonini, Whereupon the Speaker declared that H 280 passed the Palmer, Patrick, Pence, Perry, Raybould, Ringo, Roberts, House. Title was approved and the bill ordered transmitted to Rusche, Schaefer, Shepherd, Shirley, Simpson, Sims, Smith(30), the Senate. Smith(24), Stevenson, Takasugi(Batt), Thayn, Thompson, Trail, Vander Woude, Wood(27), Wood(35), Mr. Speaker. Total – 66. Mr. Moyle moved that the House recess until NAYS – Jaquet. Total – 1. 1:30 p.m. Seconded by Mr. Rusche. Motion carried. Absent and excused – Bell, Black, Wills. Total – 3. Total – 70. Whereupon the Speaker declared the House at recess until 1:30 p.m. Whereupon the Speaker declared that H 256 passed the RECESS House. Title was approved and the bill ordered transmitted to Afternoon Session the Senate. The House reconvened at 1:30 p.m., the Speaker in the Chair. H 266 was read the third time at length, section by section, and placed before the House for final consideration. Roll call showed 68 members present. Absent and excused – Black, Wills. Total – 2. At this time, the Speaker recognized Mr. Nonini to open Total – 70. debate. Prior to recess, the House was at the Eleventh Order of The question being, "Shall H 266 pass?" Business. [March 22, 2011 HOUSE JOURNAL 229

Third Reading of Bills and Joint Resolutions Roll call resulted as follows: AYES – Anderson, Andrus, Barbieri, Barrett, Bateman, H 240 was read the third time at length, section by section, Bayer, Bedke, Bell, Bilbao, Block, Bolz, Boyle, Buckner-Webb, and placed before the House for final consideration. Burgoyne, Chadderdon(Chadderdon), Chew, Collins, Crane, At this time, the Speaker recognized Mr. Hartgen to open Cronin, DeMordaunt, Ellsworth, Eskridge, Gibbs(Wheeler), debate. Guthrie, Hagedorn, Hart, Hartgen, Harwood, Henderson, Higgins, Jaquet, Killen, King, Lacey, Lake, Loertscher, Luker, The question being, "Shall H 240 pass?" Marriott, McGeachin, McMillan, Moyle, Nesset, Nielsen, Nonini, Palmer, Patrick, Pence, Perry, Raybould, Ringo, Roberts, Roll call resulted as follows: Rusche, Schaefer, Shepherd, Shirley, Simpson, Sims, Smith(30), AYES – Anderson, Andrus, Barbieri, Barrett, Bateman, Smith(24), Stevenson, Takasugi(Batt), Thayn, Thompson, Trail, Bayer, Bedke, Bell, Bilbao, Block, Bolz, Boyle, Buckner-Webb, Vander Woude, Wood(27), Wood(35), Mr. Speaker. Total – 68. Burgoyne, Chadderdon(Chadderdon), Chew, Collins, Crane, NAYS – None. Cronin, DeMordaunt, Ellsworth, Eskridge, Gibbs(Wheeler), Absent and excused – Black, Wills. Total – 2. Guthrie, Hagedorn, Hart, Hartgen, Harwood, Henderson, Total – 70. Higgins, Killen, Lacey, Lake, Loertscher, Luker, Marriott, McGeachin, McMillan, Moyle, Nesset, Nielsen, Nonini, Whereupon the Speaker declared HCR 22 adopted and Palmer, Patrick, Pence, Perry, Raybould, Ringo, Roberts, ordered the resolution transmitted to the Senate. Rusche, Schaefer, Shepherd, Shirley, Simpson, Sims, Smith(30), Mr. Moyle asked unanimous consent that the remaining Smith(24), Stevenson, Takasugi(Batt), Thayn, Thompson, Trail, bills on the Third Reading Calendar retain their places for one Vander Woude, Wood(27), Wood(35), Mr. Speaker. Total – 66. legislative day. There being no objection, it was so ordered. NAYS – None. Absent and excused – Black, Jaquet, King, Wills. Total – 4. There being no objection, the House returned to the Seventh Total – 70. Order of Business. Whereupon the Speaker declared that H 240 passed the Motions, Memorials, and Resolutions House. Title was approved and the bill ordered transmitted to the Senate. Mr. Moyle moved that all rules of the House interfering with the immediate consideration of H 293 be suspended; that the portions of Section 15, Article 3 of the Constitution of the State H 262 was read the third time at length, section by section, of Idaho, requiring all bills to be read on three several days be and placed before the House for final consideration. dispensed with, this being a case of urgency; and that H 293 be read the first time by title, second time by title, and third time at At this time, the Speaker recognized Ms. Perry to open length, section by section, and placed before the House for final debate. consideration. Seconded by Mr. Rusche. The question being, "Shall H 262 pass?" The question being, "Shall the rules be suspended?"

Chadderdon(Chadderdon), Chew, Collins, Crane, Cronin, NAYS – None. DeMordaunt, Ellsworth, Eskridge, Gibbs(Wheeler), Guthrie, Absent and excused – Black, Hart, Wills. Total – 3. Hagedorn, Hart, Hartgen, Harwood, Henderson, Higgins, Total – 70. Jaquet, Killen, King, Lacey, Lake, Loertscher, Luker, Marriott, McGeachin, Moyle, Nesset, Nielsen, Nonini, Patrick, Pence, Whereupon the Speaker declared that H 294 passed the Perry, Raybould, Ringo, Roberts, Rusche, Schaefer, Shirley, House. Title was approved and the bill ordered transmitted to Simpson, Smith(30), Smith(24), Stevenson, Takasugi(Batt), the Senate. Thompson, Trail, Vander Woude, Wood(27), Wood(35), Mr. Speaker. Total – 61. There being no objection, the House advanced to the NAYS – Barrett, Boyle, McMillan, Palmer, Shepherd, Sims, Sixteenth Order of Business. Thayn. Total – 7. Adjournment Absent and excused – Black, Wills. Total – 2. Total – 70. Mr. Moyle moved that the House adjourn until 10 a.m., Wednesday, March 23, 2011. Seconded by Mr. Rusche. Motion Whereupon the Speaker declared that H 293 passed the carried. House. Title was approved and the bill ordered transmitted to the Senate. Whereupon the Speaker declared the House adjourned at Mr. Moyle moved that all rules of the House interfering with 1:56 p.m. the immediate consideration of H 294 be suspended; that the LAWERENCE DENNEY, Speaker portions of Section 15, Article 3 of the Constitution of the State ATTEST: of Idaho, requiring all bills to be read on three several days be BONNIE ALEXANDER, Chief Clerk dispensed with, this being a case of urgency; and that H 294 be read the first time by title, second time by title, and third time at length, section by section, and placed before the House for final consideration. Seconded by Mr. Rusche. The question being, "Shall the rules be suspended?"

Roll call resulted as follows: AYES – Anderson, Andrus, Barbieri, Barrett, Bateman, Bayer, Bedke, Bell, Bilbao, Block, Bolz, Boyle, Buckner-Webb, Burgoyne, Chadderdon(Chadderdon), Chew, Collins, Crane, Cronin, DeMordaunt, Ellsworth, Eskridge, Gibbs(Wheeler), Guthrie, Hagedorn, Hart, Hartgen, Harwood, Henderson, Higgins, Jaquet, Killen, King, Lacey, Lake, Loertscher, Luker, Marriott, McGeachin, McMillan, Moyle, Nesset, Nielsen, Nonini, Palmer, Patrick, Pence, Perry, Raybould, Ringo, Roberts, Rusche, Schaefer, Shepherd, Shirley, Simpson, Sims, Smith(30), Smith(24), Stevenson, Takasugi(Batt), Thayn, Thompson, Trail, Vander Woude, Wood(27), Wood(35), Mr. Speaker. Total – 68. NAYS – None. Absent and excused – Black, Wills. Total – 2. Total – 70. Whereupon the Speaker declared that more than two-thirds of the membership having voted in the affirmative, the motion carried, the rules were suspended, and H 294 was read the first time by title, second time by title, and third time at length, section by section, and placed before the House for final consideration. At this time, the Speaker recognized Mrs. Ringo to open debate. The question being, "Shall H 294 pass?"

HOUSE JOURNAL Dear Mr. Speaker: I have the honor to advise you that I have signed today and OF THE am transmitting to the Secretary of State the following House bills, to wit: IDAHO LEGISLATURE H 115, H 130, H 131, and H 164 FIRST REGULAR SESSION As Always - Idaho, "Esto Perpetua" SIXTY-FIRST LEGISLATURE /s/ C.L. "Butch" Otter Governor March 22, 2011 Mr. Speaker: I return herewith enrolled H 132, H 237, H 238, H 2, H 3, SEVENTY-THIRD LEGISLATIVE DAY and H 4 which have been signed by the President. WEDNESDAY, MARCH 23, 2011 WOOD, Secretary Enrolled H 132, H 237, H 238, H 2, H 3, and H 4 were House of Representatives referred to the Judiciary, Rules, and Administration Committee for delivery to the Governor. The House convened at 10 a.m., the Speaker in the Chair. March 22, 2011 Roll call showed all 70 members present. Mr. Speaker: Prayer was offered by Chaplain Tom Dougherty. I transmit herewith S 1164, S 1149, and S 1144 which have passed the Senate. The Pledge of Allegiance was led by Todd Rains, Page. WOOD, Secretary Approval of Journal S 1164, S 1149, and S 1144 were filed for first reading. March 23, 2011 Mr. Speaker: Report of Standing Committees We, your COMMITTEE ON JUDICIARY, RULES, AND ADMINISTRATION, report that we have read and approved the House Journal of the Seventy-second Legislative Day and March 23, 2011 recommend that same be adopted as corrected. Mr. Speaker: WILLS, Chairman We, your COMMITTEE ON JUDICIARY, RULES, AND ADMINISTRATION, report that we have enrolled HJM 3 and Mr. Wills moved that the report be adopted. Seconded by HCR 19. Mr. Burgoyne. Report adopted. WILLS, Chairman Consideration of Messages from the The Speaker announced he was about to sign enrolled Governor and the Senate HJM 3 and HCR 19 and, when so signed, ordered them transmitted to the Senate for the signature of the President. OFFICE OF THE GOVERNOR Boise March 22, 2011 March 22, 2011 Mr. Speaker: The Honorable Lawerence Denney We, your COMMITTEE ON JUDICIARY, RULES, AND Speaker of the House ADMINISTRATION, report that we have transmitted enrolled HCR 5 to the Secretary of State at 10:15 a.m., as of this date, Dear Mr. Speaker: March 22, 2011. I have the honor to advise you that I have signed today and WILLS, Chairman am transmitting to the Secretary of State the following House March 22, 2011 bills, to wit: Mr. Speaker: H 85, H 94, H 108, H 109, H 122, H 142, as amended in the We, your COMMITTEE ON JUDICIARY, RULES, AND Senate, H 152, H 153, H 154, H 158, and H 203 ADMINISTRATION, report that we have transmitted enrolled H 115, H 174, H 164, H 130, and H 131 to the Governor at As Always - Idaho, "Esto Perpetua" 10:15 a.m., as of this date, March 22, 2011. /s/ C.L. "Butch" Otter WILLS, Chairman Governor March 22, 2011 OFFICE OF THE GOVERNOR Mr. Speaker: Boise We, your COMMITTEE ON STATE AFFAIRS, report that we have had under consideration H 277 and S 1070, as amended, March 22, 2011 and recommend that they do pass. LOERTSCHER, Chairman The Honorable Lawerence Denney Speaker of the House H 277 and S 1070, as amended, were filed for second reading. 232 HOUSE JOURNAL March 23, 2011]

March 22, 2011 S 1087 and S 1090, by Commerce and Human Resources Mr. Speaker: Committee, were read the second time by title and filed for third We, your COMMITTEE ON EDUCATION, report that reading. we have had under consideration S 1105, as amended, and recommend that it do pass. Third Reading of Bills and Joint Resolutions NONINI, Chairman Mr. Moyle asked unanimous consent that H 263 and S 1105, as amended, was filed for second reading. H 295 be placed at the bottom of the Third Reading Calendar. There being no objection, it was so ordered. March 23, 2011 Mr. Speaker: S 1150 was read the third time at length, section by section, We, your COMMITTEE ON HEALTH AND WELFARE, and placed before the House for final consideration. report that we have had under consideration H 216 and S 1021, as amended, and recommend that they do pass. At this time, the Speaker recognized Mr. Patrick to open MCGEACHIN, Chairman debate. H 216 and S 1021, as amended, were filed for second The question being, "Shall S 1150 pass?" reading. Roll call resulted as follows: March 23, 2011 AYES – Anderson, Andrus, Barbieri, Barrett, Bateman, Mr. Speaker: Bayer, Bedke, Bell, Bilbao, Black, Block, Bolz, Boyle, We, your COMMITTEE ON HEALTH AND WELFARE, Buckner-Webb, Burgoyne, Chadderdon(Chadderdon), Chew, request that H 298 be returned to the Desk for re-referral. Collins, Crane, Cronin, DeMordaunt, Ellsworth, Eskridge, MCGEACHIN, Chairman Gibbs(Wheeler), Guthrie, Hagedorn, Hart, Hartgen, Harwood, Henderson, Higgins, Jaquet, Killen, King, Lacey, Lake, H 298 was referred to the State Affairs committee. Loertscher, Luker, Marriott, McGeachin, McMillan, Moyle, There being no objection, the House advanced to the Eighth Nesset, Nielsen, Nonini, Palmer, Patrick, Pence, Perry, Raybould, Order of Business. Ringo, Roberts, Rusche, Schaefer, Shepherd, Shirley, Simpson, Sims, Smith(30), Smith(24), Stevenson, Takasugi(Batt), Thayn, Introduction, First Reading, and Reference Thompson, Trail, Vander Woude, Wills, Wood(27), Wood(35), of Bills and Joint Resolutions Mr. Speaker. Total – 70. NAYS – None. HOUSE BILL NO. 301 BY APPROPRIATIONS COMMITTEE Whereupon the Speaker declared that S 1150 passed the AN ACT House. Title was approved and the bill ordered returned to the APPROPRIATING MONEYS TO THE MILITARY Senate. DIVISION FOR FISCAL YEAR 2012; LIMITING THE NUMBER OF FULL-TIME EQUIVALENT POSITIONS; AND S 1151 was read the third time at length, section by section, GRANTING A CONTINUOUS APPROPRIATION FOR THE and placed before the House for final consideration. BUREAU OF HOMELAND SECURITY'S MISCELLANEOUS At this time, the Speaker recognized Mr. Wood(27) to open REVENUE FUND. debate. H 301 was introduced, read the first time by title, and The question being, "Shall S 1151 pass?" referred to the Judiciary, Rules, and Administration Committee for printing. Roll call resulted as follows: S 1164, by Finance Committee, was introduced, read the first AYES – Anderson, Andrus, Barbieri, Barrett, Bateman, time by title, and filed for second reading. Bayer, Bedke, Bell, Bilbao, Black, Block, Bolz, Buckner-Webb, Chadderdon(Chadderdon), Chew, Collins, Crane, Cronin, S 1149, by State Affairs Committee, was introduced, read the DeMordaunt, Ellsworth, Eskridge, Gibbs(Wheeler), Guthrie, first time by title, and referred to the Education Committee. Hagedorn, Hart, Hartgen, Harwood, Henderson, Higgins, S 1144, by State Affairs Committee, was introduced, read Jaquet, Killen, King, Lacey, Lake, Loertscher, Luker, Marriott, the first time by title, and referred to the Agricultural Affairs McGeachin, McMillan, Moyle, Nesset, Nielsen, Nonini, Committee. Palmer, Patrick, Pence, Perry, Raybould, Ringo, Roberts, Rusche, Shepherd, Shirley, Simpson, Sims, Smith(30), There being no objection, the House advanced to the Tenth Smith(24), Stevenson, Takasugi(Batt), Thayn, Thompson, Trail, Order of Business. Vander Woude, Wills, Wood(27), Wood(35), Mr. Speaker. Total – 67. Second Reading of Bills and Joint Resolutions NAYS – Boyle, Burgoyne, Schaefer. Total – 3. H 296 and H 297, by Revenue and Taxation Committee, were Total – 70. read the second time by title and filed for third reading. Whereupon the Speaker declared that S 1151 passed the S 1049, by Health and Welfare Committee, was read the House. Title was approved and the bill ordered returned to the second time by title and filed for third reading. Senate. S 1139, by Judiciary and Rules Committee, was read the S 1152 was read the third time at length, section by section, second time by title and filed for third reading. and placed before the House for final consideration. H 283, by Ways and Means Committee, was read the second At this time, the Speaker recognized Mr. Vander Woude to time by title and filed for third reading. open debate. [March 23, 2011 HOUSE JOURNAL 233

The question being, "Shall S 1152 pass?" Shepherd, Shirley, Simpson, Sims, Stevenson, Takasugi(Batt), Thayn, Thompson, Trail, Vander Woude, Wills, Wood(27), Roll call resulted as follows: Wood(35), Mr. Speaker. Total – 56. AYES – Anderson, Andrus, Barbieri, Barrett, Bateman, NAYS – Buckner-Webb, Burgoyne, Chew, Cronin, Higgins, Bayer, Bedke, Bell, Bilbao, Black, Block, Bolz, Boyle, Jaquet, Killen, King, Lacey, Pence, Ringo, Rusche, Smith(30). Buckner-Webb, Burgoyne, Chadderdon(Chadderdon), Chew, Total – 13. Collins, Crane, Cronin, DeMordaunt, Ellsworth, Eskridge, Absent and excused – Smith(24). Total – 1. Gibbs(Wheeler), Guthrie, Hagedorn, Hart, Hartgen, Harwood, Total – 70. Higgins, Jaquet, Killen, King, Lacey, Lake, Loertscher, Luker, Marriott, McGeachin, McMillan, Moyle, Nesset, Nielsen, Whereupon the Speaker declared that S 1115 passed the Nonini, Palmer, Patrick, Pence, Perry, Raybould, Ringo, Roberts, House. Title was approved and the bill ordered returned to the Rusche, Schaefer, Shepherd, Shirley, Simpson, Smith(30), Senate. Smith(24), Stevenson, Takasugi(Batt), Thayn, Thompson, Trail, Vander Woude, Wills, Wood(27), Wood(35), Mr. Speaker. S 1102 was read the third time at length, section by section, Total – 68. and placed before the House for final consideration. NAYS – Sims. Total – 1. At this time, the Speaker recognized Mr. Guthrie to open Absent and excused – Henderson. Total – 1. debate. Total – 70. Pursuant to Rule 38(3), Mr. Guthrie disclosed a conflict of Whereupon the Speaker declared that S 1152 passed the interest regarding S 1102. House. Title was approved and the bill ordered returned to the Senate. The question being, "Shall S 1102 pass?"

S 1153 was read the third time at length, section by section, Roll call resulted as follows: and placed before the House for final consideration. AYES – Anderson, Andrus, Barbieri, Barrett, Bateman, At this time, the Speaker recognized Mrs. Ringo to open Bayer, Bedke, Bell, Bilbao, Black, Block, Bolz, Boyle, debate. Buckner-Webb, Burgoyne, Chadderdon(Chadderdon), Chew, Collins, Crane, Cronin, DeMordaunt, Ellsworth, Eskridge, The question being, "Shall S 1153 pass?" Gibbs(Wheeler), Guthrie, Hagedorn, Hart, Hartgen, Harwood, Henderson, Higgins, Jaquet, Killen, King, Lacey, Lake, Roll call resulted as follows: Loertscher, Luker, Marriott, McGeachin, McMillan, Moyle, AYES – Anderson, Andrus, Barbieri, Barrett, Bateman, Nesset, Nielsen, Nonini, Palmer, Patrick, Pence, Perry, Raybould, Bayer, Bedke, Bell, Bilbao, Black, Block, Bolz, Boyle, Ringo, Roberts, Rusche, Schaefer, Shepherd, Shirley, Simpson, Buckner-Webb, Burgoyne, Chadderdon(Chadderdon), Chew, Sims, Smith(30), Smith(24), Stevenson, Takasugi(Batt), Thayn, Collins, Crane, Cronin, DeMordaunt, Ellsworth, Eskridge, Thompson, Trail, Vander Woude, Wills, Wood(27), Wood(35), Gibbs(Wheeler), Guthrie, Hagedorn, Hart, Hartgen, Harwood, Mr. Speaker. Total – 70. Henderson, Higgins, Jaquet, Killen, King, Lacey, Luker, NAYS – None. Marriott, McGeachin, McMillan, Moyle, Nesset, Nielsen, Nonini, Palmer, Patrick, Pence, Perry, Raybould, Ringo, Roberts, Whereupon the Speaker declared that S 1102 passed the Rusche, Schaefer, Shepherd, Shirley, Simpson, Sims, Smith(30), House. Title was approved and the bill ordered returned to the Smith(24), Stevenson, Takasugi(Batt), Thayn, Thompson, Trail, Senate. Vander Woude, Wills, Wood(27), Wood(35), Mr. Speaker. Total – 68. S 1042 was read the third time at length, section by section, NAYS – None. and placed before the House for final consideration. Absent and excused – Lake, Loertscher. Total – 2. Total – 70. At this time, the Speaker recognized Ms. Smith(30) to open debate. Whereupon the Speaker declared that S 1153 passed the House. Title was approved and the bill ordered returned to the The question being, "Shall S 1042 pass?" Senate. Roll call resulted as follows: S 1115 was read the third time at length, section by section, AYES – Anderson, Andrus, Barbieri, Barrett, Bateman, and placed before the House for final consideration. Bayer, Bedke, Bell, Bilbao, Black, Block, Bolz, Boyle, At this time, the Speaker recognized Mr. Crane to open Buckner-Webb, Burgoyne, Chadderdon(Chadderdon), Chew, debate. Collins, Crane, Cronin, DeMordaunt, Ellsworth, Eskridge, Gibbs(Wheeler), Guthrie, Hagedorn, Hart, Hartgen, Harwood, The question being, "Shall S 1115 pass?" Henderson, Higgins, Jaquet, Killen, King, Lacey, Lake, Loertscher, Marriott, McGeachin, McMillan, Moyle, Nesset, Roll call resulted as follows: Nielsen, Nonini, Palmer, Patrick, Pence, Perry, Raybould, AYES – Anderson, Andrus, Barbieri, Barrett, Bateman, Ringo, Roberts, Rusche, Schaefer, Shepherd, Shirley, Simpson, Bayer, Bedke, Bell, Bilbao, Black, Block, Bolz, Boyle, Sims, Smith(30), Smith(24), Stevenson, Takasugi(Batt), Thayn, Chadderdon(Chadderdon), Collins, Crane, DeMordaunt, Thompson, Trail, Vander Woude, Wills, Wood(27), Wood(35), Ellsworth, Eskridge, Gibbs(Wheeler), Guthrie, Hagedorn, Mr. Speaker. Total – 69. Hart, Hartgen, Harwood, Henderson, Lake, Loertscher, Luker, NAYS – None. Marriott, McGeachin, McMillan, Moyle, Nesset, Nielsen, Absent and excused – Luker. Total – 1. Nonini, Palmer, Patrick, Perry, Raybould, Roberts, Schaefer, Total – 70. 234 HOUSE JOURNAL March 23, 2011]

Whereupon the Speaker declared that S 1042 passed the Roll call resulted as follows: House. Title was approved and the bill ordered returned to the AYES – Andrus, Barbieri, Barrett, Bateman, Bedke, Boyle, Senate. Chew, Crane, Guthrie, Hagedorn, Hart, Hartgen, Harwood, Lake, Loertscher, Luker, Marriott, McGeachin, McMillan, Moyle, S 1107 was read the third time at length, section by section, Nielsen, Palmer, Patrick, Raybould, Roberts, Schaefer, Shepherd, and placed before the House for final consideration. Simpson, Smith(24), Wood(35), Mr. Speaker. Total – 31. At this time, the Speaker recognized Mr. Henderson to open NAYS – Anderson, Bayer, Bell, Bilbao, Black, Block, Bolz, debate. Buckner-Webb, Burgoyne, Chadderdon(Chadderdon), Collins, Cronin, DeMordaunt, Ellsworth, Eskridge, Gibbs(Wheeler), The question being, "Shall S 1107 pass?" Henderson, Higgins, Jaquet, Killen, King, Lacey, Nesset, Nonini, Pence, Perry, Ringo, Shirley, Sims, Smith(30), Stevenson, Roll call resulted as follows: Takasugi(Batt), Thayn, Thompson, Trail, Vander Woude, Wills, AYES – Anderson, Andrus, Barbieri, Barrett, Bateman, Wood(27). Total – 38. Bayer, Bedke, Bell, Bilbao, Black, Block, Bolz, Boyle, Absent and excused – Rusche. Total – 1. Buckner-Webb, Burgoyne, Chadderdon(Chadderdon), Chew, Total – 70. Collins, Crane, Cronin, DeMordaunt, Ellsworth, Eskridge, Gibbs(Wheeler), Guthrie, Hagedorn, Hart, Hartgen, Harwood, Whereupon the Speaker declared the motion failed. Henderson, Higgins, Jaquet, Killen, King, Lacey, Lake, Loertscher, Luker, Marriott, McGeachin, McMillan, Moyle, The question being, "Shall S 1071, as amended, pass?" Nesset, Nielsen, Nonini, Palmer, Patrick, Pence, Perry, Raybould, Ringo, Roberts, Rusche, Schaefer, Shepherd, Shirley, Simpson, Roll call resulted as follows: Sims, Smith(30), Smith(24), Stevenson, Takasugi(Batt), Thayn, AYES – Anderson, Andrus, Barbieri, Bateman, Bayer, Thompson, Trail, Vander Woude, Wills, Wood(27), Wood(35), Bell, Bilbao, Black, Block, Bolz, Buckner-Webb, Burgoyne, Mr. Speaker. Total – 70. Chadderdon(Chadderdon), Chew, Collins, Crane, Cronin, NAYS – None. DeMordaunt, Ellsworth, Eskridge, Gibbs(Wheeler), Guthrie, Whereupon the Speaker declared that S 1107 passed the Hart, Hartgen, Henderson, Higgins, Jaquet, Killen, King, House. Title was approved and the bill ordered returned to the Lacey, Lake, Loertscher, Luker, McGeachin, McMillan, Senate. Moyle, Nesset, Nielsen, Nonini, Pence, Perry, Raybould, Ringo, Rusche, Schaefer, Shirley, Simpson, Sims, Smith(30), S 1041 was read the third time at length, section by section, Smith(24), Stevenson, Takasugi(Batt), Thayn, Thompson, Trail, and placed before the House for final consideration. Vander Woude, Wills, Wood(27), Wood(35), Mr. Speaker. Total – 60. At this time, the Speaker recognized Mrs. Higgins to open NAYS – Barrett, Bedke, Boyle, Hagedorn, Harwood, debate. Marriott, Palmer, Patrick, Roberts, Shepherd. Total – 10. The question being, "Shall S 1041 pass?" Total – 70. Whereupon the Speaker declared that S 1071, as amended, passed the House. Title was approved and the bill Roll call resulted as follows: ordered returned to the Senate. AYES – Anderson, Andrus, Barbieri, Barrett, Bateman, Bayer, Bedke, Bell, Bilbao, Black, Block, Bolz, Boyle, S 1077, as amended in the House, was read the third time at Buckner-Webb, Burgoyne, Chadderdon(Chadderdon), Chew, length, section by section, and placed before the House for final Collins, Crane, Cronin, DeMordaunt, Ellsworth, Eskridge, consideration. Gibbs(Wheeler), Guthrie, Hagedorn, Hart, Hartgen, Harwood, Henderson, Higgins, Jaquet, Killen, King, Lacey, Lake, At this time, the Speaker recognized Ms. Boyle to open Loertscher, Luker, Marriott, McGeachin, McMillan, Moyle, debate. Nesset, Nielsen, Nonini, Palmer, Patrick, Pence, Perry, Raybould, The question being, "Shall S 1077, as amended in the Ringo, Roberts, Rusche, Schaefer, Shepherd, Shirley, Simpson, House, pass?" Sims, Smith(30), Smith(24), Stevenson, Takasugi(Batt), Thayn, Thompson, Trail, Vander Woude, Wills, Wood(27), Wood(35), Mr. Speaker. Total – 70. Roll call resulted as follows: NAYS – None. AYES – Andrus, Barbieri, Barrett, Bateman, Bayer, Bell, Whereupon the Speaker declared that S 1041 passed the Bilbao, Black, Block, Bolz, Boyle, Buckner-Webb, Burgoyne, House. Title was approved and the bill ordered returned to the Chadderdon(Chadderdon), Chew, Collins, Crane, Cronin, Senate. DeMordaunt, Ellsworth, Eskridge, Gibbs(Wheeler), Guthrie, Hagedorn, Hart, Hartgen, Harwood, Henderson, Higgins, S 1071, as amended, was read the third time at length, section Jaquet, Killen, King, Lacey, Lake, Luker, Marriott, McGeachin, by section, and placed before the House for final consideration. McMillan, Moyle, Nesset, Nielsen, Nonini, Palmer, Patrick, Pence, Perry, Raybould, Ringo, Rusche, Schaefer, Shepherd, At this time, the Speaker recognized Mr. Eskridge to open Shirley, Simpson, Sims, Smith(30), Smith(24), Stevenson, debate. Takasugi(Batt), Thayn, Thompson, Trail, Vander Woude, Wills, Wood(27), Wood(35), Mr. Speaker. Total – 66. Mr. Hagedorn moved that S 1071, as amended, be placed on NAYS – None. General Orders for consideration. Seconded by Mr. Marriott. Absent and excused – Anderson, Bedke, Loertscher, Roberts. Total – 4. The question being, "Shall the motion carry?" Total – 70. [March 23, 2011 HOUSE JOURNAL 235

Whereupon the Speaker declared that S 1077, as amended Roll call resulted as follows: in the House, passed the House. Title was approved and the bill AYES – Anderson, Andrus, Barbieri, Barrett, Bateman, ordered returned to the Senate. Bayer, Bedke, Bell, Bilbao, Black, Block, Bolz, Boyle, Buckner-Webb, Burgoyne, Chadderdon(Chadderdon), Chew, S 1043 was read the third time at length, section by section, Collins, Crane, Cronin, DeMordaunt, Ellsworth, Eskridge, and placed before the House for final consideration. Gibbs(Wheeler), Guthrie, Hagedorn, Hart, Hartgen, Harwood, Henderson, Higgins, Jaquet, Killen, King, Lacey, Lake, At this time, the Speaker recognized Mr. Bolz to open debate. Loertscher, Luker, Marriott, McGeachin, McMillan, Moyle, Nesset, Nielsen, Nonini, Palmer, Patrick, Pence, Perry, Raybould, The question being, "Shall S 1043 pass?" Ringo, Roberts, Rusche, Schaefer, Shepherd, Shirley, Simpson, Sims, Smith(30), Smith(24), Stevenson, Takasugi(Batt), Thayn, Roll call resulted as follows: Thompson, Trail, Vander Woude, Wills, Wood(27), Wood(35), AYES – Anderson, Andrus, Barbieri, Barrett, Bateman, Mr. Speaker. Total – 70. Bayer, Bell, Bilbao, Black, Block, Bolz, Boyle, Buckner-Webb, NAYS – None. Chadderdon(Chadderdon), Chew, Crane, Cronin, DeMordaunt, Ellsworth, Eskridge, Gibbs(Wheeler), Guthrie, Hagedorn, Hart, Whereupon the Speaker declared that S 1022 passed the Hartgen, Harwood, Henderson, Higgins, Jaquet, Killen, King, House. Title was approved and the bill ordered returned to the Lacey, Lake, Loertscher, Luker, Marriott, McGeachin, McMillan, Senate. Moyle, Nesset, Nielsen, Nonini, Palmer, Patrick, Pence, Perry, Raybould, Ringo, Rusche, Schaefer, Shepherd, Shirley, Simpson, S 1076 was read the third time at length, section by section, Sims, Smith(30), Smith(24), Stevenson, Takasugi(Batt), Thayn, and placed before the House for final consideration. Thompson, Trail, Vander Woude, Wills, Wood(27), Wood(35), Mr. Speaker. Total – 66. At this time, the Speaker recognized Mr. Shepherd to open NAYS – Burgoyne. Total – 1. debate. Absent and excused – Bedke, Collins, Roberts. Total – 3. Total – 70. The question being, "Shall S 1076 pass?"

Whereupon the Speaker declared that S 1043 passed the Roll call resulted as follows: House. Title was approved and the bill ordered returned to the AYES – Anderson, Andrus, Bateman, Bayer, Bedke, Senate. Bell, Bilbao, Black, Block, Bolz, Buckner-Webb, Burgoyne, Chadderdon(Chadderdon), Chew, Collins, Crane, Cronin, S 1089, as amended, was read the third time at length, section DeMordaunt, Ellsworth, Eskridge, Gibbs(Wheeler), Guthrie, by section, and placed before the House for final consideration. Hagedorn, Hartgen, Harwood, Henderson, Higgins, Jaquet, At this time, the Speaker recognized Mr. Nesset to open Killen, King, Lacey, Lake, Loertscher, Marriott, McGeachin, debate. Nesset, Nielsen, Nonini, Palmer, Patrick, Pence, Perry, Raybould, Ringo, Rusche, Schaefer, Shepherd, Shirley, Simpson, Sims, The question being, "Shall S 1089, as amended, pass?" Smith(30), Smith(24), Stevenson, Takasugi(Batt), Thayn, Thompson, Trail, Vander Woude, Wills, Wood(27), Wood(35). Total – 61. Roll call resulted as follows: NAYS – Barbieri, Barrett, Boyle, Hart, Luker, McMillan, AYES – Anderson, Andrus, Barbieri, Barrett, Bateman, Moyle, Roberts, Mr. Speaker. Total – 9. Bayer, Bell, Bilbao, Black, Block, Bolz, Boyle, Buckner-Webb, Total – 70. Burgoyne, Chadderdon(Chadderdon), Chew, Collins, Crane, Cronin, DeMordaunt, Ellsworth, Eskridge, Gibbs(Wheeler), Whereupon the Speaker declared that S 1076 passed the Guthrie, Hagedorn, Hart, Hartgen, Harwood, Henderson, House. Title was approved and the bill ordered returned to the Higgins, Jaquet, Killen, King, Lacey, Lake, Loertscher, Luker, Senate. Marriott, McGeachin, McMillan, Moyle, Nesset, Nielsen, S 1157 was read the third time at length, section by section, Nonini, Palmer, Patrick, Pence, Perry, Raybould, Ringo, Roberts, and placed before the House for final consideration. Rusche, Schaefer, Shepherd, Shirley, Simpson, Sims, Smith(30), Smith(24), Stevenson, Takasugi(Batt), Thayn, Thompson, Trail, At this time, the Speaker recognized Ms. Jaquet to open Vander Woude, Wills, Wood(27), Wood(35), Mr. Speaker. debate. Total – 69. NAYS – None. The question being, "Shall S 1157 pass?" Absent and excused – Bedke. Total – 1. Total – 70. Roll call resulted as follows: AYES – Anderson, Andrus, Barbieri, Barrett, Bateman, Whereupon the Speaker declared that S 1089, as Bayer, Bedke, Bell, Bilbao, Block, Bolz, Buckner-Webb, amended, passed the House. Title was approved and the bill Burgoyne, Chadderdon(Chadderdon), Chew, Collins, Crane, ordered returned to the Senate. Cronin, DeMordaunt, Eskridge, Gibbs(Wheeler), Guthrie, Hagedorn, Hart, Hartgen, Harwood, Henderson, Higgins, S 1022 was read the third time at length, section by section, Jaquet, Killen, King, Lacey, Lake, Loertscher, Luker, Marriott, and placed before the House for final consideration. McGeachin, McMillan, Moyle, Nesset, Nielsen, Nonini, Palmer, At this time, the Speaker recognized Mr. Rusche to open Patrick, Pence, Perry, Raybould, Ringo, Roberts, Rusche, debate. Schaefer, Shepherd, Shirley, Smith(30), Smith(24), Stevenson, Takasugi(Batt), Thayn, Thompson, Trail, Vander Woude, Wills, The question being, "Shall S 1022 pass?" Wood(27), Wood(35), Mr. Speaker. Total – 65. 236 HOUSE JOURNAL March 23, 2011]

NAYS – Boyle, Sims. Total – 2. NAYS – None. Absent and excused – Black, Ellsworth, Simpson. Total – 3. Absent and excused – Black. Total – 1. Total – 70. Total – 70. Whereupon the Speaker declared that S 1157 passed the House. Title was approved and the bill ordered returned to the Whereupon the Speaker declared that H 296 passed the Senate. House. Title was approved and the bill ordered transmitted to the Senate. Mr. Moyle asked unanimous consent that the remaining bills on the Third Reading Calendar retain their places for one Mr. Moyle moved that all rules of the House interfering with legislative day. There being no objection, it was so ordered. the immediate consideration of H 297 be suspended; that the portions of Section 15, Article 3 of the Constitution of the State There being no objection, the House returned to the Seventh of Idaho, requiring all bills to be read on three several days be Order of Business. dispensed with, this being a case of urgency; and that H 297 be Motions, Memorials, and Resolutions read the first time by title, second time by title, and third time at length, section by section, and placed before the House for final Mr. Moyle moved that all rules of the House interfering with consideration. Seconded by Mr. Rusche. the immediate consideration of H 296 be suspended; that the portions of Section 15, Article 3 of the Constitution of the State The question being, "Shall the rules be suspended?" of Idaho, requiring all bills to be read on three several days be dispensed with, this being a case of urgency; and that H 296 be Roll call resulted as follows: read the first time by title, second time by title, and third time at AYES – Anderson, Andrus, Barbieri, Barrett, Bateman, length, section by section, and placed before the House for final Bayer, Bedke, Bell, Bilbao, Block, Bolz, Boyle, Buckner-Webb, consideration. Seconded by Mr. Rusche. Burgoyne, Chadderdon(Chadderdon), Chew, Collins, Crane, Cronin, DeMordaunt, Eskridge, Gibbs(Wheeler), Guthrie, The question being, "Shall the rules be suspended?" Hagedorn, Hart, Hartgen, Harwood, Henderson, Higgins, Jaquet, Killen, King, Lacey, Lake, Loertscher, Luker, Marriott, Roll call resulted as follows: McGeachin, McMillan, Moyle, Nesset, Nielsen, Nonini, AYES – Anderson, Andrus, Barbieri, Barrett, Bateman, Palmer, Patrick, Pence, Perry, Raybould, Ringo, Roberts, Bayer, Bedke, Bell, Bilbao, Block, Bolz, Boyle, Buckner-Webb, Rusche, Schaefer, Shepherd, Shirley, Sims, Smith(30), Burgoyne, Chadderdon(Chadderdon), Chew, Collins, Crane, Smith(24), Stevenson, Takasugi(Batt), Thayn, Thompson, Trail, Cronin, DeMordaunt, Eskridge, Gibbs(Wheeler), Guthrie, Vander Woude, Wills, Wood(27), Wood(35), Mr. Speaker. Hagedorn, Hart, Hartgen, Harwood, Henderson, Higgins, Total – 67. Jaquet, Killen, King, Lacey, Lake, Loertscher, Luker, Marriott, NAYS – None. McGeachin, McMillan, Moyle, Nesset, Nielsen, Nonini, Absent and excused – Black, Ellsworth, Simpson. Total – 3. Palmer, Patrick, Pence, Perry, Raybould, Ringo, Roberts, Total – 70. Rusche, Schaefer, Shepherd, Shirley, Sims, Smith(30), Smith(24), Stevenson, Takasugi(Batt), Thayn, Thompson, Trail, Whereupon the Speaker declared that more than two-thirds Vander Woude, Wills, Wood(27), Wood(35), Mr. Speaker. of the membership having voted in the affirmative, the motion Total – 67. carried, the rules were suspended, and H 297 was read the first NAYS – None. time by title, second time by title, and third time at length, section Absent and excused – Black, Ellsworth, Simpson. Total – 3. by section, and placed before the House for final consideration. Total – 70. At this time, the Speaker recognized Mr. Moyle to open Whereupon the Speaker declared that more than two-thirds debate. of the membership having voted in the affirmative, the motion carried, the rules were suspended, and H 296 was read the first Mr. Moyle asked unanimous consent that, pursuant to time by title, second time by title, and third time at length, section Rule 22, discussion of other bills be allowed in debate of H 297. by section, and placed before the House for final consideration. There being no objection it was so ordered. At this time, the Speaker recognized Mr. Harwood to open debate. The question being, "Shall H 297 pass?" The question being, "Shall H 296 pass?" Roll call resulted as follows: AYES – Anderson, Andrus, Barbieri, Bateman, Bayer, Roll call resulted as follows: Bedke, Bell, Bilbao, Black, Block, Bolz, Boyle, Buckner-Webb, AYES – Anderson, Andrus, Barbieri, Barrett, Bateman, Burgoyne, Chadderdon(Chadderdon), Chew, Collins, Crane, Bayer, Bedke, Bell, Bilbao, Block, Bolz, Boyle, Buckner-Webb, Cronin, DeMordaunt, Ellsworth, Eskridge, Gibbs(Wheeler), Burgoyne, Chadderdon(Chadderdon), Chew, Collins, Crane, Guthrie, Hagedorn, Hartgen, Harwood, Henderson, Higgins, Cronin, DeMordaunt, Ellsworth, Eskridge, Gibbs(Wheeler), Jaquet, Killen, King, Lacey, Lake, Loertscher, Marriott, Moyle, Guthrie, Hagedorn, Hart, Hartgen, Harwood, Henderson, Nesset, Nonini, Palmer, Patrick, Pence, Perry, Raybould, Higgins, Jaquet, Killen, King, Lacey, Lake, Loertscher, Luker, Ringo, Roberts, Rusche, Schaefer, Shirley, Simpson, Smith(30), Marriott, McGeachin, McMillan, Moyle, Nesset, Nielsen, Smith(24), Stevenson, Takasugi(Batt), Thompson, Trail, Nonini, Palmer, Patrick, Pence, Perry, Raybould, Ringo, Roberts, Vander Woude, Wills, Wood(27), Mr. Speaker. Total – 60. Rusche, Schaefer, Shepherd, Shirley, Simpson, Sims, Smith(30), NAYS – Barrett, Hart, Luker, McGeachin, McMillan, Smith(24), Stevenson, Takasugi(Batt), Thayn, Thompson, Trail, Nielsen, Shepherd, Sims, Thayn. Total – 9. Vander Woude, Wills, Wood(27), Wood(35), Mr. Speaker. Absent and excused – Wood(35). Total – 1. Total – 69. Total – 70. [March 23, 2011 HOUSE JOURNAL 237

Whereupon the Speaker declared that H 297 passed the House. Title was approved and the bill ordered transmitted to the Senate. There being no objection, the House advanced to the Sixteenth Order of Business. Adjournment Mr. Moyle moved that the House adjourn until 10 a.m., Thursday, March 24, 2011. Seconded by Mr. Rusche. Motion carried. Whereupon the Speaker declared the House adjourned at 12:13 p.m. LAWERENCE DENNEY, Speaker ATTEST: BONNIE ALEXANDER, Chief Clerk 238 HOUSE JOURNAL March 24, 2011]

HOUSE JOURNAL March 23, 2011 Mr. Speaker: OF THE I return herewith enrolled HCR 16 which has been signed by the President. IDAHO LEGISLATURE WOOD, Secretary Enrolled HCR 16 was referred to the Judiciary, Rules, and FIRST REGULAR SESSION Administration Committee for delivery to the Secretary of State. SIXTY-FIRST LEGISLATURE March 23, 2011 Mr. Speaker: I transmit herewith S 1165, S 1167, S 1168, S 1169, S 1170, SEVENTY-FOURTH LEGISLATIVE DAY S 1171, S 1172, S 1173, S 1174, S 1175, and S 1176 which have THURSDAY, MARCH 24, 2011 passed the Senate. WOOD, Secretary S 1165, S 1167, S 1168, S 1169, S 1170, S 1171, S 1172, House of Representatives S 1173, S 1174, S 1175, and S 1176 were filed for first reading. The House convened at 10 a.m., the Speaker in the Chair. Roll call showed 69 members present. Report of Standing Committees Absent and excused – Buckner-Webb. Total – 1. Total – 70. March 24, 2011 Mr. Speaker: Prayer was offered by Chaplain Tom Dougherty. We, your COMMITTEE ON JUDICIARY, RULES, AND ADMINISTRATION, report that we have printed H 301. The Pledge of Allegiance was led by Trent Duenas, Page. WILLS, Chairman Approval of Journal H 301 was filed for second reading. March 24, 2011 Mr. Speaker: March 23, 2011 We, your COMMITTEE ON JUDICIARY, RULES, AND Mr. Speaker: ADMINISTRATION, report that we have read and approved We, your COMMITTEE ON JUDICIARY, RULES, AND the House Journal of the Seventy-third Legislative Day and ADMINISTRATION, report that we have transmitted enrolled recommend that same be adopted as corrected. H 132, H 237, H 238, H 2, H 3, and H 4 to the Governor at WILLS, Chairman 10:45 a.m., as of this date, March 23, 2011. Mr. Wills moved that the report be adopted. Seconded by WILLS, Chairman Mr. Burgoyne. Report adopted. Consideration of Messages from the March 23, 2011 Governor and the Senate Mr. Speaker: We, your COMMITTEE ON STATE AFFAIRS, report that OFFICE OF THE GOVERNOR we have had under consideration H 230 and recommend that it Boise do pass. LOERTSCHER, Chairman March 23, 2011 H 230 was filed for second reading. The Honorable Lawerence Denney Speaker of the House March 23, 2011 Mr. Speaker: Dear Mr. Speaker: We, your COMMITTEE ON COMMERCE AND HUMAN I have the honor to advise you that I have signed today and RESOURCES, report that we have had under consideration am transmitting to the Secretary of State the following House bill, S 1147 and recommend that it do pass. to wit: BLOCK, Chairman H 160 S 1147 was filed for second reading. As Always - Idaho, "Esto Perpetua" /s/ C.L. "Butch" Otter March 24, 2011 Governor Mr. Speaker: We, your COMMITTEE ON STATE AFFAIRS, report March 23, 2011 that we have had under consideration S 1129 and S 1130 and Mr. Speaker: recommend that they do pass. I transmit herewith enrolled S 1142 for the signature of the LOERTSCHER, Chairman Speaker. WOOD, Secretary S 1129 and S 1130 were filed for second reading. The Speaker announced he was about to sign enrolled There being no objection, the House advanced to the Eighth S 1142 and, when so signed, ordered it returned to the Senate. Order of Business. [March 24, 2011 HOUSE JOURNAL 239

Introduction, First Reading, and Reference OF THE PUBLIC RIGHTS-OF-WAY, TO PROHIBIT of Bills and Joint Resolutions DISCRIMINATION AMONG POTENTIAL RESIDENTIAL SUBSCRIBERS AND TO PROVIDE FOR VIOLATIONS, HOUSE BILL NO. 302 TO PROVIDE FOR CUSTOMER SERVICE STANDARDS, BY STATE AFFAIRS COMMITTEE TO PROVIDE FOR DESIGNATION AND USE OF AN ACT CHANNEL CAPACITY FOR PUBLIC, EDUCATIONAL RELATING TO PUBLIC RECORDS; AMENDING OR GOVERNMENTAL USE AND TO PROVIDE FOR SECTION 9-337, IDAHO CODE, TO DEFINE A TERM; APPLICABILITY OF OTHER LAW; AND PROVIDING AMENDING SECTION 9-338, IDAHO CODE, TO PROVIDE SEVERABILITY. THAT PUBLIC AGENCIES AND INDEPENDENT PUBLIC BODIES CORPORATE AND POLITIC MAY IMPOSE HOUSE BILL NO. 304 CERTAIN REQUIREMENTS RELATING TO REQUESTS BY APPROPRIATIONS COMMITTEE FOR PUBLIC RECORDS, TO PROVIDE THAT REQUESTS AN ACT FOR PUBLIC RECORDS AND DELIVERY OF PUBLIC APPROPRIATING MONEYS TO THE DIVISION OF RECORDS MAY BE MADE BY ELECTRONIC MAIL, VETERANS SERVICES FOR FISCAL YEAR 2012; AND TO REVISE PROVISIONS RELATING TO INQUIRIES LIMITING THE NUMBER OF FULL-TIME EQUIVALENT BY CUSTODIANS IN CONNECTION WITH REQUESTS POSITIONS. FOR PUBLIC RECORDS, TO REMOVE REFERENCE TO CERTAIN DISCRETIONARY REQUIREMENTS HOUSE BILL NO. 305 ASSOCIATED WITH REQUESTS FOR PUBLIC RECORDS, BY APPROPRIATIONS COMMITTEE TO REVISE FEE PROVISIONS ASSOCIATED WITH AN ACT REQUESTS FOR PUBLIC RECORDS, TO REMOVE APPROPRIATING MONEYS TO THE STATE PROVISIONS RELATING TO ADVANCE PAYMENT OF TREASURER FOR FISCAL YEAR 2012; LIMITING THE COSTS OF COPYING, THE CREDITING OF MONEYS NUMBER OF FULL-TIME EQUIVALENT POSITIONS; RECEIVED TO CERTAIN ACCOUNTS AND THE EXEMPTING APPROPRIATION OBJECT TRANSFER EXPENDITURE OF SUCH FUNDS BY AN AGENCY, LIMITATIONS; PROVIDING STATE TREASURER LGIP TO PROVIDE FOR THE PAY RATE OF FEES, TO FUND REAPPROPRIATION FOR FISCAL YEAR 2012; AND PROVIDE THAT UNDER CERTAIN CIRCUMSTANCES PROVIDING LEGISLATIVE INTENT REQUIRING THAT THERE SHALL BE NO COST OR FEE CHARGED FOR CERTAIN MONEYS BE EXPENDED FOR BANK SERVICE EXAMINATION OR COPYING OF PUBLIC RECORDS, FEES. TO PROVIDE THAT STATEMENTS OF FEES SHALL BE ITEMIZED, TO PROHIBIT LUMP SUM COSTS, TO HOUSE BILL NO. 306 PROVIDE FOR THE AGGREGATION OF RELATED BY APPROPRIATIONS COMMITTEE REQUESTS UNDER CERTAIN CIRCUMSTANCES, TO AN ACT PROVIDE FOR ADVANCE PAYMENT OF FEES, TO APPROPRIATING MONEYS TO THE STATE TAX PROVIDE FOR THE CREDITING OF MONEYS RECEIVED COMMISSION FOR FISCAL YEAR 2012; LIMITING THE TO CERTAIN ACCOUNTS AND TO PROVIDE FOR THE NUMBER OF AUTHORIZED FULL-TIME EQUIVALENT EXPENDITURE OF SUCH FUNDS BY AN AGENCY, TO POSITIONS; EXEMPTING THE APPROPRIATION PROVIDE FOR THE RETURN OF EXCESS ADVANCE FROM OBJECT TRANSFER LIMITATIONS; PROVIDING PAYMENTS UNDER CERTAIN CIRCUMSTANCES AND TO LEGISLATIVE INTENT WITH REGARD TO THE REMOVE A PROVISION AUTHORIZING THAT REQUESTS PHASE 3 TAX COMPLIANCE INITIATIVE; PROVIDING FOR PUBLIC RECORDS AND DELIVERY OF PUBLIC LEGISLATIVE INTENT WITH REGARD TO A SOFTWARE RECORDS MAY BE CONDUCTED BY ELECTRONIC MAINTENANCE CONTRACT; AND DECLARING AN MAIL; DECLARING AN EMERGENCY AND PROVIDING EMERGENCY. FOR APPLICABILITY. HOUSE BILL NO. 307 HOUSE BILL NO. 303 BY STATE AFFAIRS COMMITTEE BY STATE AFFAIRS COMMITTEE AN ACT AN ACT RELATING TO ELECTION OF HIGHWAY DISTRICT RELATING TO THE IDAHO VIDEO SERVICE ACT; COMMISSIONERS; AMENDING CHAPTER 13, TITLE 40, AMENDING TITLE 50, IDAHO CODE, BY THE ADDITION IDAHO CODE, BY THE ADDITION OF A NEW SECTION OF A NEW CHAPTER 30, TITLE 50, IDAHO CODE, TO 40-1305D, IDAHO CODE, TO PROVIDE FOR HIGHWAY PROVIDE A SHORT TITLE, TO DEFINE TERMS, TO DISTRICT COMMISSIONER TERMS OF OFFICE; AND PROVIDE FOR FRANCHISING AUTHORITY, TO PROVIDE DECLARING AN EMERGENCY. FOR THE USE OF PUBLIC RIGHTS-OF-WAY, TO PROVIDE FOR MODIFICATIONS OF EXISTING FRANCHISE H 302, H 303, H 304, H 305, H 306, and H 307 were AGREEMENTS, TO PROVIDE FOR FEES, TO PROVIDE introduced, read the first time by title, and referred to the FOR A HOLDER OF CERTIFICATE, TO PROVIDE FOR Judiciary, Rules, and Administration Committee for printing. PROVISION OF ACCESS TO VIDEO SERVICE WITHIN A CERTAIN PERIOD, TO PROVIDE FOR AMENDMENT S 1165, by State Affairs Committee, was introduced, read the OF THE CERTIFICATE OF FRANCHISE AUTHORITY, first time by title, and referred to the State Affairs Committee. TO PROVIDE FOR SUSPENSION OF AUTHORITY FOR S 1167, S 1168, S 1169, S 1170, S 1171, S 1172, S 1173, NONCOMPLIANCE WITH CERTAIN REQUIREMENTS, S 1174, S 1175, and S 1176, by Finance Committee, were TO PROVIDE FOR A VIDEO SERVICE PROVIDER introduced, read the first time by title, and filed for second FEE, TO PROVIDE FOR NONDISCRIMINATION BY reading. GOVERNMENTAL ENTITIES RELATING TO USE 240 HOUSE JOURNAL March 24, 2011]

There being no objection, the House advanced to the Tenth HOUSE AMENDMENT TO H.B. NO. 275 Order of Business. AMENDMENT TO SECTION 6 Second Reading of Bills and Joint Resolutions On page 5 of the printed bill, in line 39, following "Code" insert: ", provided that the petition circulators are not required to H 277 and H 216, by State Affairs Committee, were read the be Idaho residents". second time by title and filed for third reading. AMENDMENT TO THE BILL S 1070, as amended, by State Affairs Committee, was read On page 7, delete lines 31 through 45; and on page 8, delete the second time by title and filed for third reading. lines 1 through 33; in line 34, following "SECTION" delete "12" S 1105, as amended, by Education Committee, was read the and insert: "11". second time by title and filed for third reading. On page 9, in line 5, delete "13" and insert: "12"; in line 21, following "SECTION" delete "14" and insert: "13"; in line 33, S 1021, as amended, by Health and Welfare Committee, was delete "15" and insert: "14". read the second time by title and filed for third reading. On page 10, delete lines 16 through 49; and on page 11, delete lines 1 through 14; in line 15, delete "17" and insert: "15"; S 1164, by Finance Committee, was read the second time by in line 29, delete: "18" and insert: "16"; in line 37, delete "19" title and filed for third reading. and insert: "17". There being no objection, the House advanced to the Twelfth On page 12, in line 3, delete "20" and insert: "18"; in line Order of Business. 16, delete "21" and insert: "19"; in line 30, delete "22" and insert: "20". On page 13, in line 4, delete "23" and insert: "21"; in line 13, Consideration of General Orders delete "24" and insert: "22". On page 14, in line 5, delete "25" and insert: "23"; in line Mr. Moyle moved that the House do now resolve itself into a 20, delete "26" and insert: "24"; and in line 44, delete "27" and Committee of the Whole House for the consideration of General insert: "25". Orders. Seconded by Mr. Rusche. Motion carried. CORRECTION TO TITLE Whereupon the House resolved itself into a Committee of On page 1, in line 13, following "VICE-PRESIDENT" the Whole House for the consideration of General Orders with insert: "AND TO PROVIDE RESIDENCY QUALIFICATIONS Mr. Bedke in the Chair. FOR PETITION CIRCULATORS"; delete lines 20 through 22, When the Committee of the Whole House rose, and insert: "CODE, TO REVISE PROCEDURES FOR RETURN the Speaker returned to the Chair and the House was in order. OF AN ABSENTEE BALLOT; AMENDING SECTION 34-1201, IDAHO CODE,"; delete lines 28 through 30, and Report of the Committee of the Whole House insert: "DATES FOR INITIATIVE PETITIONS; AMENDING SECTION 34-2301, IDAHO CODE, TO RE-". March 24, 2011 Mr. Speaker: HOUSE AMENDMENT TO H.B. NO. 247 We, your COMMITTEE OF THE WHOLE HOUSE, report that we have had under consideration H 141, H 275, AMENDMENT TO SECTION 1 H 247, and H 91, as amended, and report them back without On page 2 of the printed bill, in line 14, following "area." recommendation, amended as follows: insert: "Provided however, that none of the proceeds generated from the auction of bighorn sheep tags pursuant to this paragraph HOUSE AMENDMENT TO H.B. NO. 141 be used to purchase or acquire private property or federally managed grazing permits, nor shall any proceeds generated be AMENDMENT TO THE BILL used for matching funds for the purchase of private property On page 1 of the printed bill, following line 8, insert: or the retirement or the acquisition of federally managed "SECTION 1. LEGISLATIVE INTENT. It is the intent of grazing permits."; in line 21, delete "twenty-five" and insert: the Legislature that this act is intended to be used to discourage "twenty-five"; and also in line 21, delete "(25%)" and insert: actions such as texting, "webbing" and e-mailing while operating "(25%)". a motor vehicle.". On page 3, in line 19, following "lope," insert: "one (1) auction tag per year will be issued for moose,"; and also in AMENDMENT TO SECTION 1 line 19, delete "will" and insert: "may"; in line 20, delete "goat, On page 1, in line 9, delete "SECTION 1" and insert: bighorn sheep and moose" and insert: "goat and bighorn sheep"; "SECTION 2"; delete lines 14 and 15, and insert: "tracted or and in line 41, following "solutions." insert: "Provided however, otherwise fail to exercise due care. This section does not prohibit that none of the proceeds generated from the auctions pursuant to the use of"; in line 18, delete "other than" and insert: "or"; the provisions of this subsection be used to purchase or acquire and in line 21, following "($75.00)." insert: "A violation of the private property or federally managed grazing permits, nor shall provisions of this section where property damage or injury to any any proceeds generated be used for matching funds for the person occurs shall be a misdemeanor punishable by a fine of not purchase of private property or the retirement or the acquisition more than three hundred dollars ($300) and imprisonment of up of federally managed grazing permits.". to ninety (90) days in jail, or both such fine and imprisonment.". CORRECTION TO TITLE CORRECTION TO TITLE On page 1, in line 2, following "ROAD;" insert: "TO On page 1, in line 2, following "CODE," insert: "TO PROVIDE LEGISLATIVE INTENT; AND"; in line 6, following RESTRICT THE USE OF PROCEEDS FROM THE AUCTION "FOR" delete "AN INFRAC-"; and in line 7, delete "TION AND OF CERTAIN BIGHORN SHEEP TAGS, TO REVISE THE FIXED PENALTY" and insert: "PENALTIES". PERCENTAGE OF REVENUE THAT MAY BE RETAINED [March 24, 2011 HOUSE JOURNAL 241

FOR ADMINISTRATIVE COSTS BY ORGANIZATIONS MARKETING LOTTERY BIGHORN SHEEP TAGS AND".

HOUSE AMENDMENT TO H.B. NO. 91, As Amended AMENDMENT TO SECTION 1 On page 1 of the engrossed bill, in line 39, following "subsections" insert: "(4),"; in line 40, following "districts" insert: ", drainage districts". On page 2, in line 1, following "construction" insert: ", operation"; in line 3, following "subsections" insert: "(4),"; and delete lines 4 and 5 and insert: "apply to vehicles transporting processed or unprocessed agricultural products, agricultural byproducts, agricultural materials or agricultural inputs.". We have also had under consideration S 1053, as amended, H 231, and H 247, report progress and beg leave to sit again. BEDKE, Chairman Mr. Bedke moved that the report be adopted. Seconded by Mr. Rusche. Whereupon the Speaker declared the report adopted. H 141, as amended, H 275, as amended, H 247, as amended, and H 91, as amended, as amended, were referred to the Judiciary, Rules, and Administration Committee for engrossing. S 1053, as amended, H 231, and H 274 were retained on General Orders. The amendments were referred to Judiciary, Rules, and Administration committee for printing. There being no objection, the House returned to the Eleventh Order of Business. Third Reading of Bills and Joint Resolutions Mr. Moyle asked unanimous consent that the remaining bills on the Third Reading Calendar retain their places for one legislative day. There being no objection, it was so ordered. Mr. Roberts asked unanimous consent that Rule 70, with the exception of smoking, be suspended for the balance of the legislative session. There being no objection, it was so ordered. There being no objection, the House advanced to the Sixteenth Order of Business. Adjournment Mr. Moyle moved that the House adjourn until 9:30 a.m., Friday, March 25, 2011. Seconded by Mr. Rusche. Motion carried. Whereupon the Speaker declared the House adjourned at 11:04 a.m. LAWERENCE DENNEY, Speaker ATTEST: BONNIE ALEXANDER, Chief Clerk 242 HOUSE JOURNAL March 25, 2011]

HOUSE JOURNAL March 24, 2011 Mr. Speaker: OF THE I return herewith H 244, H 245, H 145, as amended, H 204, H 248, and H 249 which have passed the Senate. IDAHO LEGISLATURE WOOD, Secretary H 244, H 245, H 145, as amended, H 204, H 248, and FIRST REGULAR SESSION H 249 were referred to the Judiciary, Rules, and Administration SIXTY-FIRST LEGISLATURE Committee for enrolling. March 24, 2011 Mr. Speaker: I return herewith H 147, as amended in the Senate, H 140, as amended in the Senate, and H 183, as amended in the Senate, SEVENTY-FIFTH LEGISLATIVE DAY which have passed the Senate. FRIDAY, MARCH 25, 2011 WOOD, Secretary H 147, as amended in the Senate, H 140, as amended in the House of Representatives Senate, and H 183, as amended in the Senate, were ordered held at the Desk. The House convened at 9:30 a.m., the Speaker in the Chair. Mr. Killen asked unanimous consent that the House concur Roll call showed 68 members present. in the Senate amendments to H 140, as amended in the Senate. Absent and excused – Loertscher, McGeachin. Total – 2. There being no objection, it was so ordered. Total – 70. Mr. Bilbao asked unanimous consent that the House concur Prayer was offered by Chaplain Tom Dougherty. in the Senate amendments to H 183, as amended in the Senate. The Pledge of Allegiance was led by Cara Pantone, Page. There being no objection, it was so ordered. Approval of Journal H 140, as amended in the Senate, and H 183, as amended in the Senate, were referred to the Judiciary, Rules, and March 25, 2011 Administration Committee for engrossing. Mr. Speaker: We, your COMMITTEE ON JUDICIARY, RULES, AND ADMINISTRATION, report that we have read and approved Report of Standing Committees the House Journal of the Seventy-fourth Legislative Day and March 25, 2011 recommend that same be adopted as corrected. Mr. Speaker: WILLS, Chairman We, your COMMITTEE ON JUDICIARY, RULES, AND Mr. Wills moved that the report be adopted. Seconded by ADMINISTRATION, report that we have printed H 302, H 303, Mr. Burgoyne. Report adopted. H 304, H 305, H 306, H 307, and House amendments to H 141, H 275, H 247, and H 91, as amended. WILLS, Chairman Consideration of Messages from the Governor and the Senate H 302, H 304, H 305, and H 306 were filed for second reading. March 24, 2011 Mr. Speaker: H 303 was referred to the State Affairs Committee. I return herewith enrolled HJM 3 and HCR 19 which have H 307 was referred to the Transportation and Defense been signed by the President. Committee. WOOD, Secretary March 25, 2011 Enrolled HJM 3 and HCR 19 were referred to the Judiciary, Mr. Speaker: Rules, and Administration Committee for delivery to the We, your COMMITTEE ON JUDICIARY, RULES, AND Secretary of State. ADMINISTRATION, report that we have engrossed H 141, as March 24, 2011 amended, H 275, as amended, H 247, as amended, and H 91, as Mr. Speaker: amended, as amended. I transmit herewith S 1133, as amended, S 1156, S 1180, WILLS, Chairman S 1181, S 1182, and S 1183 which have passed the Senate. H 141, as amended, H 275, as amended, H 247, as amended, WOOD, Secretary and H 91, as amended, as amended, were filed for first reading S 1133, as amended, S 1156, S 1180, S 1181, S 1182, and of engrossed bills. S 1183 were filed for first reading. March 24, 2011 March 24, 2011 Mr. Speaker: Mr. Speaker: We, your COMMITTEE ON JUDICIARY, RULES, AND I transmit herewith S 1184 which has passed the Senate. ADMINISTRATION, report that we have transmitted enrolled WOOD, Secretary HCR 16 to the Secretary of State at 11:45 a.m., as of this date, March 24, 2011. S 1184 was filed for first reading. WILLS, Chairman [March 25, 2011 HOUSE JOURNAL 243

March 24, 2011 divisions reporting to the Executive Director of the Office of the Mr. Speaker: State Board of Education; and We, your COMMITTEE ON TRANSPORTATION AND WHEREAS, currently the Administrator of the Division of DEFENSE, report that we have had under consideration Vocational Rehabilitation reports to the Executive Director of H 264 and recommend that it do pass. the Office of the State Board of Education but receives separate SMITH, Chairman budgetary appropriations, which limits their ability to share administrative resources; and H 264 was filed for second reading. WHEREAS, there has been interest in the past of merging the March 24, 2011 Division of Vocational Rehabilitation and the Commission for the Mr. Speaker: Blind and Visually Impaired to save on the costs of functions such We, your COMMITTEE ON HEALTH AND WELFARE, as information technology and fiscal and management positions; report that we have had under consideration S 1080, as amended, and and S 1100 and recommend that they do pass. WHEREAS, it would be valuable to evaluate cost data MCGEACHIN, Chairman from other states that once had separate agencies for vocational rehabilitation and the blind and visually impaired, then combined S 1080, as amended, and S 1100 were filed for second them to present a solid pre and post comparison; and reading. WHEREAS, the Legislature believes it would be valuable to have the State Board of Education convene a task force to March 24, 2011 gauge the feasibility of combining the Division of Vocational Mr. Speaker: Rehabilitation and the Commission for the Blind and Visually We, your COMMITTEE ON JUDICIARY, RULES, Impaired. AND ADMINISTRATION, report that we have had under NOW, THEREFORE, BE IT RESOLVED by the members consideration S 1120 and recommend that it do pass. of the First Regular Session of the Sixty-first Idaho Legislature, WILLS, Chairman the House of Representatives and the Senate concurring therein, S 1120 was filed for second reading. that the State Board of Education is requested to convene a task force to gauge the feasibility and identify the pros and cons of March 24, 2011 combining the Division of Vocational Rehabilitation and the Mr. Speaker: Commission for the Blind and Visually Impaired, including We, your COMMITTEE ON EDUCATION, report that impacts on services, both positive and negative as well as a we have had under consideration S 1111 and report it back governance model. with amendments attached to be placed on General Orders for BE IT FURTHER RESOLVED that the task force should consideration. identify opportunities to increase efficiencies, streamline NONINI, Chairman federal reporting processes, decrease duplication and enhance S 1111 was placed on General Orders for consideration. coordination for the overall benefit of each agency's clients and that membership of the task force shall include Coalitions March 24, 2011 of Advocates for the Disabled, the Vocational Rehabilitation Mr. Speaker: Council, the Commission for the Blind and Visually Impaired We, your COMMITTEE ON TRANSPORTATION AND and the Developmental Disability Council, with the State Board DEFENSE, report that we have had under consideration S 1088, of Education appointing all members and the chair of the task as amended, and report it back with amendments attached to be force except that the Commission for the Blind and Visually placed on General Orders for consideration. Impaired shall appoint two members. SMITH, Chairman BE IT FURTHER RESOLVED that the administrators of the Division of Vocational Rehabilitation and the Commission S 1088, as amended, was placed on General Orders for for the Blind and Visually Impaired, the Division of Financial consideration. Management and the Budget and Policy Analysis Division of There being no objection, the House advanced to the Seventh the Legislative Services Office shall be ex officio nonvoting Order of Business. members of the task force. BE IT FURTHER RESOLVED that the task force shall report Motions, Memorials, and Resolutions its findings and recommendations to the Second Regular Session of the Sixty-first Idaho Legislature, to the Division of Financial HOUSE CONCURRENT RESOLUTION NO. 27 Management and the Joint Finance-Appropriations Committee. BY EDUCATION COMMITTEE A CONCURRENT RESOLUTION HCR 27 was introduced, read the first time by title, and STATING LEGISLATIVE FINDINGS AND referred to the Judiciary, Rules, and Administration Committee REQUESTING THE STATE BOARD OF EDUCATION for printing. TO CONVENE A TASK FORCE REGARDING THE DESIRABILITY OF COMBINING THE DIVISION OF Introduction, First Reading, and Reference VOCATIONAL REHABILITATION AND THE COMMISSION of Bills and Joint Resolutions FOR THE BLIND AND VISUALLY IMPAIRED. Be It Resolved by the Legislature of the State of Idaho: HOUSE BILL NO. 308 BY STATE AFFAIRS COMMITTEE WHEREAS, in an effort to eliminate duplication and to AN ACT increase service delivery to clients, in 2002, the Governor's Blue RELATING TO BOND ELECTIONS; REPEALING Ribbon Task Force recommended reorganizing the Division of SECTION 34-439, IDAHO CODE, RELATING TO Vocational Rehabilitation and the Office of the State Board of DISCLOSURES IN ELECTIONS TO AUTHORIZE BONDED Education into one administrative unit with separate budgetary INDEBTEDNESS; AND AMENDING CHAPTER 4, 244 HOUSE JOURNAL March 25, 2011]

TITLE 34, IDAHO CODE, BY THE ADDITION OF A Mrs. Bell asked unanimous consent that S 1158 be returned NEW SECTION 34-439, IDAHO CODE, TO PROVIDE to the Appropriations committee. Mr. Rusche objected. PROVISIONS RELATING TO DISCLOSURES IN ELECTIONS TO AUTHORIZE BONDED INDEBTEDNESS; Mrs. Bell moved that S 1158 be returned to the AND DECLARING AN EMERGENCY. Appropriations Committee. Seconded by Mr. Bedke. The question being, "Shall the motion carry?" HOUSE BILL NO. 309 BY APPROPRIATIONS COMMITTEE Roll call resulted as follows: AN ACT AYES – Anderson, Andrus, Barbieri, Barrett, Bateman, TRANSFERRING MONEYS FROM THE Bayer, Bedke, Bell, Bilbao, Black, Block, Bolz, Boyle, MISCELLANEOUS REVENUE FUND TO THE SMALL Chadderdon(Chadderdon), Collins, Crane, DeMordaunt, BUSINESS ASSISTANCE FUND; TRANSFERRING Ellsworth, Eskridge, Gibbs(Wheeler), Guthrie, Hart, Hartgen, MONEYS FROM THE BUSINESS AND JOBS Harwood, Henderson, Lake, Luker, Marriott, McMillan, Moyle, DEVELOPMENT FUND TO THE SMALL BUSINESS Nesset, Nielsen, Nonini, Palmer, Patrick, Perry, Raybould, ASSISTANCE FUND; AND APPROPRIATING ADDITIONAL Roberts, Schaefer, Shepherd, Shirley, Sims, Takasugi(Batt), MONEYS TO THE DEPARTMENT OF COMMERCE FOR Thayn, Thompson, Vander Woude, Wills, Wood(27), Wood(35), FISCAL YEAR 2012. Mr. Speaker. Total – 50. H 308 and H 309 were introduced, read the first time by NAYS – Buckner-Webb, Burgoyne, Chew, Cronin, Higgins, title, and referred to the Judiciary, Rules, and Administration Jaquet, Killen, King, Lacey, Pence, Ringo, Rusche, Smith(30), Committee for printing. Smith(24), Trail. Total – 15. Absent and excused – Hagedorn, Loertscher, McGeachin, S 1133, as amended, and S 1156, by State Affairs Committee, Simpson, Stevenson. Total – 5. were introduced, read the first time by title, and referred to the Total – 70. State Affairs Committee. Whereupon the Speaker declared the motion carried and S 1180, S 1181, S 1182, and S 1183, by Finance Committee, S 1158 was returned to the Appropriations Committee. were introduced, read the first time by title, and filed for second H 283 was read the third time at length, section by section, reading. and placed before the House for final consideration. S 1184, by State Affairs Committee, was introduced, read the At this time, the Speaker recognized Mr. Black to open first time by title, and referred to the Education Committee. debate. First Reading of Engrossed Bills The question being, "Shall H 283 pass?" H 141, as amended, by Judiciary, Rules, and Administration Committee, was introduced, read the first time by title, and filed Roll call resulted as follows: for second reading. AYES – Anderson, Andrus, Barbieri, Barrett, Bateman, Bayer, Bedke, Bell, Bilbao, Black, Block, Bolz, Boyle, H 275, as amended, by State Affairs Committee, was Buckner-Webb, Burgoyne, Chadderdon(Chadderdon), Chew, introduced, read the first time by title, and filed for second Collins, Crane, Cronin, DeMordaunt, Ellsworth, Eskridge, reading. Gibbs(Wheeler), Guthrie, Hagedorn, Hart, Hartgen, Harwood, Henderson, Higgins, Jaquet, Killen, King, Lacey, Lake, H 247, as amended, by Revenue and Taxation Committee, Luker, Marriott, McMillan, Moyle, Nesset, Nonini, Palmer, was introduced, read the first time by title, and filed for second Patrick, Pence, Perry, Raybould, Ringo, Roberts, Rusche, reading. Schaefer, Shepherd, Shirley, Simpson, Sims, Smith(30), Smith(24), Stevenson, Takasugi(Batt), Thayn, Thompson, Trail, H 91, as amended, as amended, by Transportation and Vander Woude, Wills, Wood(27), Mr. Speaker. Total – 66. Defense Committee, was introduced, read the first time by title, NAYS – Nielsen, Wood(35). Total – 2. and filed for second reading. Absent and excused – Loertscher, McGeachin. Total – 2. Second Reading of Bills and Joint Resolutions Total – 70. H 301, by Appropriations Committee, was read the second Whereupon the Speaker declared that H 283 passed the time by title and filed for third reading. House. Title was approved and the bill ordered transmitted to the Senate. H 230, by Ways and Means Committee, was read the second time by title and filed for third reading. H 277 was read the third time at length, section by section, and placed before the House for final consideration. S 1147, S 1129, and S 1130, by State Affairs Committee, At this time, the Speaker recognized Mr. Bayer to open were read the second time by title and filed for third reading. debate. S 1167, S 1168, S 1169, S 1170, S 1171, S 1172, S 1173, The question being, "Shall H 277 pass?" S 1174, S 1175, and S 1176, by Finance Committee, were read the second time by title and filed for third reading. Roll call resulted as follows: Third Reading of Bills and Joint Resolutions AYES – Anderson, Andrus, Barbieri, Barrett, Bateman, Bayer, Bedke, Bell, Bilbao, Black, Block, Bolz, Boyle, Mr. Moyle asked unanimous consent that H 263, H 295, and Buckner-Webb, Burgoyne, Chadderdon(Chadderdon), Chew, H 216 be placed at the bottom of the Third Reading Calendar. Collins, Crane, Cronin, DeMordaunt, Ellsworth, Eskridge, There being no objection, it was so ordered. Gibbs(Wheeler), Guthrie, Hagedorn, Hart, Hartgen, Harwood, [March 25, 2011 HOUSE JOURNAL 245

Henderson, Higgins, Jaquet, Killen, King, Lacey, Lake, Whereupon the Speaker declared that S 1161 passed the Luker, Marriott, McMillan, Moyle, Nesset, Nielsen, Nonini, House. Title was approved and the bill ordered returned to the Palmer, Patrick, Pence, Perry, Raybould, Ringo, Roberts, Senate. Rusche, Schaefer, Shepherd, Shirley, Simpson, Sims, Smith(30), Stevenson, Takasugi(Batt), Thayn, Thompson, Trail, Vander Woude, Wills, Wood(27), Wood(35), Mr. Speaker. S 1162 was read the third time at length, section by section, Total – 67. and placed before the House for final consideration. NAYS – Smith(24). Total – 1. At this time, the Speaker recognized Ms. Jaquet to open Absent and excused – Loertscher, McGeachin. Total – 2. debate. Total – 70. The question being, "Shall S 1162 pass?" Whereupon the Speaker declared that H 277 passed the House. Title was approved and the bill ordered transmitted to Roll call resulted as follows: the Senate. AYES – Anderson, Andrus, Barbieri, Barrett, Bateman, Bayer, Bedke, Bell, Bilbao, Black, Block, Bolz, Boyle, Buckner-Webb, Burgoyne, Chadderdon(Chadderdon), Chew, S 1160 was read the third time at length, section by section, Collins, Crane, Cronin, DeMordaunt, Ellsworth, Eskridge, and placed before the House for final consideration. Gibbs(Wheeler), Guthrie, Hagedorn, Hart, Hartgen, Harwood, Henderson, Higgins, Jaquet, Killen, King, Lacey, Lake, Luker, At this time, the Speaker recognized Mr. Thompson to open Marriott, McMillan, Moyle, Nesset, Nielsen, Nonini, Palmer, debate. Patrick, Pence, Perry, Raybould, Ringo, Roberts, Rusche, The question being, "Shall S 1160 pass?" Schaefer, Shepherd, Shirley, Simpson, Sims, Smith(30), Smith(24), Stevenson, Takasugi(Batt), Thayn, Thompson, Trail, Roll call resulted as follows: Vander Woude, Wills, Wood(27), Wood(35), Mr. Speaker. AYES – Anderson, Andrus, Bateman, Bayer, Bedke, Total – 68. Bell, Bilbao, Black, Block, Bolz, Buckner-Webb, Burgoyne, NAYS – None. Chadderdon(Chadderdon), Chew, Collins, Cronin, DeMordaunt, Absent and excused – Loertscher, McGeachin. Total – 2. Ellsworth, Eskridge, Gibbs(Wheeler), Guthrie, Hagedorn, Total – 70. Hart, Hartgen, Henderson, Higgins, Jaquet, Killen, King, Whereupon the Speaker declared that S 1162 passed the Lacey, Lake, Marriott, Moyle, Nesset, Nonini, Patrick, Pence, House. Title was approved and the bill ordered returned to the Perry, Raybould, Ringo, Roberts, Rusche, Shepherd, Shirley, Senate. Smith(30), Smith(24), Stevenson, Takasugi(Batt), Thompson, Trail, Vander Woude, Wills, Wood(27), Mr. Speaker. Total – 54. NAYS – Barbieri, Barrett, Boyle, Crane, Harwood, Luker, S 1163 was read the third time at length, section by section, McMillan, Nielsen, Palmer, Schaefer, Simpson, Sims, Thayn, and placed before the House for final consideration. Wood(35). Total – 14. Absent and excused – Loertscher, McGeachin. Total – 2. At this time, the Speaker recognized Ms. Jaquet to open Total – 70. debate. The question being, "Shall S 1163 pass?" Whereupon the Speaker declared that S 1160 passed the House. Title was approved and the bill ordered returned to the Roll call resulted as follows: Senate. AYES – Anderson, Andrus, Barbieri, Barrett, Bateman, Bayer, Bedke, Bell, Bilbao, Black, Block, Bolz, Boyle, S 1161 was read the third time at length, section by section, Buckner-Webb, Burgoyne, Chadderdon(Chadderdon), Chew, and placed before the House for final consideration. Collins, Crane, Cronin, DeMordaunt, Ellsworth, Eskridge, Gibbs(Wheeler), Guthrie, Hagedorn, Hart, Hartgen, Harwood, At this time, the Speaker recognized Ms. Jaquet to open Henderson, Higgins, Jaquet, Killen, King, Lacey, Lake, Luker, debate. Marriott, McMillan, Nesset, Nielsen, Nonini, Palmer, Patrick, Pence, Raybould, Ringo, Rusche, Schaefer, Shepherd, Shirley, The question being, "Shall S 1161 pass?" Simpson, Smith(30), Smith(24), Stevenson, Takasugi(Batt), Thayn, Thompson, Trail, Vander Woude, Wills, Wood(27), Roll call resulted as follows: Wood(35), Mr. Speaker. Total – 64. AYES – Anderson, Andrus, Barrett, Bateman, Bayer, NAYS – Perry, Sims. Total – 2. Bedke, Bell, Bilbao, Black, Block, Bolz, Boyle, Buckner-Webb, Absent and excused – Loertscher, McGeachin, Moyle, Burgoyne, Chadderdon(Chadderdon), Chew, Collins, Crane, Roberts. Total – 4. Cronin, DeMordaunt, Ellsworth, Eskridge, Gibbs(Wheeler), Total – 70. Guthrie, Hagedorn, Hart, Hartgen, Harwood, Henderson, Higgins, Jaquet, Killen, King, Lacey, Lake, Luker, Marriott, Whereupon the Speaker declared that S 1163 passed the Moyle, Nesset, Nielsen, Nonini, Palmer, Patrick, Pence, Perry, House. Title was approved and the bill ordered returned to the Raybould, Ringo, Roberts, Rusche, Schaefer, Shepherd, Shirley, Senate. Simpson, Smith(30), Smith(24), Stevenson, Takasugi(Batt), Thayn, Thompson, Trail, Vander Woude, Wills, Wood(27), S 1067 was read the third time at length, section by section, Wood(35), Mr. Speaker. Total – 65. and placed before the House for final consideration. NAYS – Barbieri, McMillan, Sims. Total – 3. Absent and excused – Loertscher, McGeachin. Total – 2. At this time, the Speaker recognized Mr. Luker to open Total – 70. debate. 246 HOUSE JOURNAL March 25, 2011]

The question being, "Shall S 1067 pass?" The question being, "Shall H 301 pass?"

Roll call resulted as follows: Roll call resulted as follows: AYES – Anderson, Andrus, Barbieri, Barrett, Bateman, AYES – Anderson, Andrus, Barbieri, Barrett, Bateman, Bayer, Bedke, Bell, Bilbao, Black, Block, Bolz, Boyle, Bayer, Bedke, Bell, Bilbao, Black, Block, Bolz, Boyle, Buckner-Webb, Burgoyne, Chadderdon(Chadderdon), Chew, Buckner-Webb, Burgoyne, Chadderdon(Chadderdon), Chew, Collins, Crane, Cronin, DeMordaunt, Ellsworth, Eskridge, Collins, Crane, Cronin, DeMordaunt, Ellsworth, Eskridge, Gibbs(Wheeler), Guthrie, Hagedorn, Hart, Hartgen, Harwood, Gibbs(Wheeler), Guthrie, Hagedorn, Hart, Hartgen, Harwood, Henderson, Higgins, Jaquet, Killen, King, Lacey, Lake, Luker, Henderson, Higgins, Jaquet, Killen, King, Lacey, Lake, Luker, Marriott, McMillan, Moyle, Nesset, Nielsen, Nonini, Palmer, Marriott, McMillan, Moyle, Nesset, Nielsen, Nonini, Palmer, Patrick, Pence, Perry, Raybould, Ringo, Roberts, Rusche, Patrick, Pence, Perry, Raybould, Ringo, Roberts, Rusche, Schaefer, Shepherd, Shirley, Simpson, Sims, Smith(30), Schaefer, Shepherd, Shirley, Simpson, Sims, Smith(30), Smith(24), Stevenson, Takasugi(Batt), Thayn, Thompson, Trail, Smith(24), Stevenson, Takasugi(Batt), Thayn, Thompson, Trail, Vander Woude, Wills, Wood(27), Wood(35), Mr. Speaker. Vander Woude, Wills, Wood(27), Wood(35), Mr. Speaker. Total – 68. Total – 68. NAYS – None. NAYS – None. Absent and excused – Loertscher, McGeachin. Total – 2. Absent and excused – Loertscher, McGeachin. Total – 2. Total – 70. Total – 70. Whereupon the Speaker declared that S 1067 passed the Whereupon the Speaker declared that H 301 passed the House. Title was approved and the bill ordered returned to the House. Title was approved and the bill ordered transmitted to Senate. the Senate. Mr. Moyle moved that all rules of the House interfering with Mr. Moyle asked unanimous consent that the remaining bills the immediate consideration of H 230 be suspended; that the on the Third Reading Calendar retain their places until Monday, portions of Section 15, Article 3 of the Constitution of the State March 28, 2011. There being no objection, it was so ordered. of Idaho, requiring all bills to be read on three several days be dispensed with, this being a case of urgency; and that H 230 be There being no objection, the House returned to the Seventh read the first time by title, second time by title, and third time at Order of Business. length, section by section, and placed before the House for final consideration. Seconded by Mr. Rusche. Motions, Memorials, and Resolutions The question being, "Shall the rules be suspended?" Mr. Moyle moved that all rules of the House interfering with the immediate consideration of H 301 be suspended; that the Roll call resulted as follows: portions of Section 15, Article 3 of the Constitution of the State AYES – Anderson, Andrus, Barbieri, Barrett, Bateman, of Idaho, requiring all bills to be read on three several days be Bayer, Bedke, Bell, Bilbao, Black, Block, Bolz, Boyle, dispensed with, this being a case of urgency; and that H 301 be Buckner-Webb, Burgoyne, Chadderdon(Chadderdon), Chew, read the first time by title, second time by title, and third time at Collins, Crane, Cronin, DeMordaunt, Ellsworth, Eskridge, length, section by section, and placed before the House for final Gibbs(Wheeler), Guthrie, Hagedorn, Hart, Hartgen, Harwood, consideration. Seconded by Mr. Rusche. Henderson, Higgins, Jaquet, Killen, King, Lacey, Lake, Luker, Marriott, McMillan, Moyle, Nesset, Nielsen, Nonini, Palmer, The question being, "Shall the rules be suspended?" Patrick, Pence, Perry, Raybould, Ringo, Roberts, Rusche, Schaefer, Shepherd, Shirley, Simpson, Sims, Smith(30), Roll call resulted as follows: Smith(24), Stevenson, Takasugi(Batt), Thayn, Thompson, Trail, AYES – Anderson, Andrus, Barbieri, Barrett, Bateman, Vander Woude, Wills, Wood(27), Wood(35), Mr. Speaker. Bayer, Bedke, Bell, Bilbao, Black, Block, Bolz, Boyle, Total – 68. Buckner-Webb, Burgoyne, Chadderdon(Chadderdon), Chew, NAYS – None. Collins, Crane, Cronin, DeMordaunt, Ellsworth, Eskridge, Absent and excused – Loertscher, McGeachin. Total – 2. Gibbs(Wheeler), Guthrie, Hagedorn, Hart, Hartgen, Harwood, Total – 70. Henderson, Higgins, Jaquet, Killen, King, Lacey, Lake, Luker, Marriott, McMillan, Moyle, Nesset, Nielsen, Nonini, Palmer, Whereupon the Speaker declared that more than two-thirds Patrick, Pence, Perry, Raybould, Ringo, Roberts, Rusche, of the membership having voted in the affirmative, the motion Schaefer, Shepherd, Shirley, Simpson, Sims, Smith(30), carried, the rules were suspended, and H 230 was read the first Smith(24), Stevenson, Takasugi(Batt), Thayn, Thompson, Trail, time by title, second time by title, and third time at length, section Vander Woude, Wills, Wood(27), Wood(35), Mr. Speaker. by section, and placed before the House for final consideration. Total – 68. NAYS – None. At this time, the Speaker recognized Ms. Perry to open Absent and excused – Loertscher, McGeachin. Total – 2. debate. Total – 70. The question being, "Shall H 230 pass?" Whereupon the Speaker declared that more than two-thirds of the membership having voted in the affirmative, the motion Roll call resulted as follows: carried, the rules were suspended, and H 301 was read the first AYES – Anderson, Andrus, Barbieri, Barrett, Bateman, time by title, second time by title, and third time at length, section Bayer, Bedke, Bell, Bilbao, Black, Block, Bolz, Boyle, by section, and placed before the House for final consideration. Buckner-Webb, Burgoyne, Chadderdon(Chadderdon), Collins, Crane, Cronin, DeMordaunt, Ellsworth, Eskridge, At this time, the Speaker recognized Mr. Bolz to open debate. Gibbs(Wheeler), Guthrie, Hagedorn, Hart, Hartgen, Henderson, [March 25, 2011 HOUSE JOURNAL 247

Higgins, Jaquet, Killen, Lacey, Lake, Luker, Marriott, REGARDING PAYMENT FOR NECESSARY MEDICAL McMillan, Moyle, Nesset, Nielsen, Nonini, Palmer, Patrick, SERVICES AND TO PROVIDE OPTIONS REGARDING Pence, Perry, Raybould, Roberts, Rusche, Schaefer, Shepherd, UTILIZATION MANAGEMENT; AMENDING CHAPTER Shirley, Simpson, Sims, Smith(30), Smith(24), Stevenson, 35, TITLE 31, IDAHO CODE, BY THE ADDITION OF A Takasugi(Batt), Thayn, Thompson, Trail, Vander Woude, Wills, NEW SECTION 31-3508A, IDAHO CODE, TO PROVIDE Wood(27), Wood(35), Mr. Speaker. Total – 64. FOR PAYMENT FOR NECESSARY MEDICAL SERVICES NAYS – Chew, King, Ringo. Total – 3. BY AN OBLIGATED COUNTY; AMENDING SECTION Absent and excused – Harwood, Loertscher, McGeachin. 31-3509, IDAHO CODE, TO PROVIDE CERTAIN DUTIES Total – 3. FOR HOSPITALS, TO REVISE TERMINOLOGY, TO Total – 70. PROVIDE FOR SUBMISSION OR RESUBMISSION OF A BILL TO CERTAIN PERSONS AND TO PROVIDE Whereupon the Speaker declared that H 230 passed the FOR APPLICATION PURSUANT TO SPECIFIED LAW; House. Title was approved and the bill ordered transmitted to AMENDING SECTION 31-3510, IDAHO CODE, TO the Senate. PROVIDE FOR CERTAIN JOINT SUBROGATION AND Introduction, First Reading, and Reference TO REVISE TERMINOLOGY; AMENDING SECTION of Bills and Joint Resolutions 31-3510A, IDAHO CODE, TO REVISE TO WHOM A CERTAIN REIMBURSEMENT OBLIGATION IS OWED; HOUSE BILL NO. 310 AMENDING SECTION 31-3511, IDAHO CODE, TO REVISE BY WAYS AND MEANS COMMITTEE TERMINOLOGY AND TO REVISE A JURISDICTIONAL AN ACT REQUIREMENT; AMENDING SECTION 31-3517, IDAHO RELATING TO THE INDIGENT SICK; AMENDING CODE, TO REVISE TERMINOLOGY, TO PROVIDE FOR AN SECTION 20-605, IDAHO CODE, TO REVISE EXECUTIVE COMMITTEE, TO PROVIDE FOR CERTAIN TERMINOLOGY AND TO REVISE A CODE REFERENCE; PROCEDURAL REQUIREMENTS AND TO MAKE A AMENDING SECTION 31-3302, IDAHO CODE, TO TECHNICAL CORRECTION; AMENDING SECTION REVISE TERMINOLOGY AND TO REVISE A CODE 31-3518, IDAHO CODE, TO PROVIDE REFERENCE TO REFERENCE; AMENDING SECTION 31-3501, IDAHO MATTERS AUTHORIZED BY THE CHAPTER, TO REVISE CODE, TO REVISE TERMINOLOGY; AMENDING SECTION CERTAIN CONTRACT AUTHORITY OF THE BOARD AND 31-3502, IDAHO CODE, TO REVISE DEFINITIONS, TO TO PROVIDE FOR CONSULTATION WITH HOSPITALS PROVIDE DEFINITIONS AND TO MAKE A TECHNICAL AND ORGANIZATIONS REPRESENTING HOSPITALS; CORRECTION; AMENDING SECTION 31-3503, IDAHO AMENDING SECTION 31-3519, IDAHO CODE, TO REVISE CODE, TO REVISE THE POWERS AND DUTIES OF PROCEDURES AND CRITERIA FOR APPROVAL OF COUNTY COMMISSIONERS; AMENDING SECTION AN APPLICATION FOR FINANCIAL ASSISTANCE, TO 31-3503A, IDAHO CODE, TO REVISE AND PROVIDE REMOVE PROVISIONS REGARDING THE TIMING OF NEW POWERS AND DUTIES OF THE BOARD OF THE PAYMENT, TO REVISE CONDITIONS UNDER WHICH CATASTROPHIC HEALTH CARE COST PROGRAM; THERE IS AN OBLIGATION TO PAY A CLAIM, TO AMENDING SECTION 31-3503E, IDAHO CODE, TO PROVIDE FOR BOARD AUTHORITY REGARDING REVISE THE MEDICAID ELIGIBILITY DETERMINATION; UTILIZATION MANAGEMENT AND FOR PAYMENT BY AMENDING SECTION 31-3504, IDAHO CODE, TO THE STATE CONTROLLER PURSUANT TO SPECIFIED PROVIDE FOR A COMPLETED APPLICATION FOR LAW; AMENDING SECTION 31-3520, IDAHO CODE, FINANCIAL ASSISTANCE, TO PROVIDE FOR A THIRD TO REMOVE A COUNTY REFERENCE; AMENDING PARTY APPLICANT, TO PROVIDE FOR APPLICATION CHAPTER 35, TITLE 31, IDAHO CODE, BY THE ADDITION BY OTHERS IN CERTAIN CIRCUMSTANCES, TO OF A NEW SECTION 31-3558, IDAHO CODE, TO PROVIDE PROVIDE FOR RECORDING OF A NOTICE OF LIEN FOR NONDISCLOSURE OF PERSONAL IDENTIFYING AND APPLICATION FOR FINANCIAL ASSISTANCE, TO INFORMATION AND TO PROVIDE FOR RETENTION OF REMOVE PROVISIONS FOR RECORDING A NOTICE OF CERTAIN DOCUMENTS; AMENDING SECTION 56-209f, APPLICATION FOR MEDICAL INDIGENCY BENEFITS IDAHO CODE, TO PROVIDE REQUIREMENTS AND AND TO PROVIDE FOR INVOLVEMENT OF THE BOARD LIMITATIONS, TO REVISE TERMINOLOGY AND TO IN CERTAIN MATTERS; AMENDING SECTION 31-3505, MAKE A TECHNICAL CORRECTION; AND AMENDING IDAHO CODE, TO REVISE AND ADD TO THE TIME SECTION 67-7903, IDAHO CODE, TO PROVIDE A AND MANNER OF FILING APPLICATIONS; AMENDING CORRECT CODE REFERENCE. SECTION 31-3505A, IDAHO CODE, TO REVISE A CERTAIN DUTY TO COOPERATE AND TO PROVIDE HOUSE BILL NO. 311 A CERTAIN TIME PERIOD FOR COMPLETION OF A BY WAYS AND MEANS COMMITTEE CERTAIN DOCUMENT; AMENDING SECTION 31-3505B, AN ACT IDAHO CODE, TO REVISE AND ADD TO THE APPROVAL RELATING TO UNINSURED MOTORISTS; AMENDING REQUIREMENTS FOR COUNTY COMMISSIONERS; CHAPTER 12, TITLE 49, IDAHO CODE, BY THE ADDITION AMENDING SECTION 31-3505C, IDAHO CODE, TO OF A NEW SECTION 49-1243, IDAHO CODE, TO PROVIDE REVISE TERMINOLOGY; AMENDING SECTION 31-3505D, A SHORT TITLE; AMENDING CHAPTER 12, TITLE IDAHO CODE, TO REVISE WHO MAY APPEAL A CERTAIN 49, IDAHO CODE, BY THE ADDITION OF A NEW INITIAL DETERMINATION; AMENDING SECTION SECTION 49-1244, IDAHO CODE, TO DEFINE TERMS; 31-3505G, IDAHO CODE, TO REVISE TERMINOLOGY AMENDING CHAPTER 12, TITLE 49, IDAHO CODE, BY AND TO REVISE WHO MAY SEEK JUDICIAL REVIEW THE ADDITION OF A NEW SECTION 49-1245, IDAHO OF THE FINAL DETERMINATION; AMENDING SECTION CODE, TO PROVIDE PROVISIONS RELATING TO THE 31-3507, IDAHO CODE, TO REVISE TERMINOLOGY; CREATION OF THE UNINSURED MOTORIST DATABASE AMENDING SECTION 31-3508, IDAHO CODE, TO REVISE PILOT PROGRAM AND TO PROVIDE PROVISIONS CERTAIN DUTIES OF THE BOARD AND THE COUNTY RELATING TO ADMINISTRATION OF THE PILOT 248 HOUSE JOURNAL March 25, 2011]

PROGRAM; AMENDING CHAPTER 12, TITLE 49, IDAHO CODE, BY THE ADDITION OF A NEW SECTION 49-1246, IDAHO CODE, TO PROVIDE PROVISIONS RELATING TO THE DISCLOSURE OF CERTAIN INFORMATION AND TO PROVIDE FOR A FELONY; AMENDING CHAPTER 12, TITLE 49, IDAHO CODE, BY THE ADDITION OF A NEW SECTION 49-1247, IDAHO CODE, TO PROVIDE PROVISIONS RELATING TO CERTAIN REPORTING REQUIREMENTS; AND PROVIDING A SUNSET DATE.

HOUSE BILL NO. 312 BY WAYS AND MEANS COMMITTEE AN ACT RELATING TO FLOATING HOME MOORAGE MARINAS; AMENDING SECTION 55-2704, IDAHO CODE, TO REVISE THE DEFINITION OF "FLOATING HOME MOORAGE MARINA" OR "MOORAGE."

HOUSE BILL NO. 313 BY WAYS AND MEANS COMMITTEE AN ACT RELATING TO THE USE TAX AND THE STATE TAX COMMISSION; DIRECTING THE STATE TAX COMMISSION TO MODIFY INDIVIDUAL INCOME TAX FORMS FOR SALES/USE TAX DUE; PROVIDING THAT INDIVIDUAL INCOME TAX RETURNS FILED WITH NO ENTRY ON THE LINE ENTITLED "SALES/USE TAX DUE" WILL BE CONSIDERED INCOMPLETE AND SHALL BE REJECTED OR DELAYED BY THE IDAHO STATE TAX COMMISSION; DECLARING AN EMERGENCY, PROVIDING RETROACTIVE APPLICATION AND PROVIDING EFFECTIVE DATES. H 310, H 311, H 312, and H 313 were introduced, read the first time by title, and referred to the Judiciary, Rules, and Administration Committee for printing. There being no objection, the House advanced to the Sixteenth Order of Business. Adjournment Mr. Moyle moved that the House adjourn until 10 a.m., Monday, March 28, 2011. Seconded by Mr. Rusche. Motion carried. Whereupon the Speaker declared the House adjourned at 11:09 a.m. LAWERENCE DENNEY, Speaker ATTEST: BONNIE ALEXANDER, Chief Clerk [March 28, 2011 HOUSE JOURNAL 249

HOUSE JOURNAL Dear Mr. Speaker: I have the honor to advise you that I have signed today and OF THE am transmitting to the Secretary of State the following House bills, to wit: IDAHO LEGISLATURE H 2, H 3, H 4, H 132, H 174, H 237, and H 238 FIRST REGULAR SESSION As Always - Idaho, "Esto Perpetua" SIXTY-FIRST LEGISLATURE /s/ C.L. "Butch" Otter Governor March 25, 2011 Mr. Speaker: I transmit herewith enrolled S 1022, S 1041, S 1042, S 1043, SEVENTY-EIGHTH LEGISLATIVE DAY S 1071, as amended, S 1076, S 1089, as amended, S 1102, S 1107, MONDAY, MARCH 28, 2011 S 1115, S 1150, S 1151, S 1152, S 1153, and S 1157 for the signature of the Speaker. WOOD, Secretary House of Representatives The Speaker announced he was about to sign enrolled The House convened at 10 a.m., the Speaker in the Chair. S 1022, S 1041, S 1042, S 1043, S 1071, as amended, S 1076, Roll call showed all 70 members present. S 1089, as amended, S 1102, S 1107, S 1115, S 1150, S 1151, S 1152, S 1153, and S 1157 and, when so signed, ordered them Prayer was offered by Chaplain Tom Dougherty. returned to the Senate. The Pledge of Allegiance was led by Elizabeth Harris, Page. March 25, 2011 Mr. Speaker: I transmit herewith S 1154, as amended, and S 1179 which Approval of Journal have passed the Senate. March 28, 2011 WOOD, Secretary Mr. Speaker: We, your COMMITTEE ON JUDICIARY, RULES, AND S 1154, as amended, and S 1179 were filed for first reading. ADMINISTRATION, report that we have read and approved March 25, 2011 the House Journal of the Seventy-fifth Legislative Day and Mr. Speaker: recommend that same be adopted as corrected. I return herewith HCR 25, H 251, H 252, H 253, and WILLS, Chairman H 254 which have passed the Senate. Mr. Wills moved that the report be adopted. Seconded by WOOD, Secretary Mr. Burgoyne. Report adopted. HCR 25, H 251, H 252, H 253, and H 254 were referred to the Judiciary, Rules, and Administration Committee for enrolling. Consideration of Messages from the Report of Standing Committees Governor and the Senate March 28, 2011 OFFICE OF THE GOVERNOR Mr. Speaker: Boise We, your COMMITTEE ON JUDICIARY, RULES, AND ADMINISTRATION, report that we have printed HCR 27, March 25, 2011 H 308, H 309, H 310, H 311, H 312, and H 313. The Honorable Lawerence Denney WILLS, Chairman Speaker of the House HCR 27 was referred to the Commerce and Human Dear Mr. Speaker: Resources Committee. I have the honor to advise you that I have signed today and H 308 was referred to the State Affairs Committee. am transmitting to the Secretary of State the following House bill, to wit: H 309 and H 310 were filed for second reading. H 178 H 311 was referred to the Transportation and Defense As Always - Idaho, "Esto Perpetua" Committee. /s/ C.L. "Butch" Otter Governor H 312 was referred to the Ways and Means Committee.

OFFICE OF THE GOVERNOR H 313 was referred to the Revenue and Taxation Committee. Boise March 28, 2011 March 25, 2011 Mr. Speaker: We, your COMMITTEE ON JUDICIARY, RULES, AND The Honorable Lawerence Denney ADMINISTRATION, report that we have enrolled H 244, H 245, Speaker of the House H 145, as amended, H 204, H 248, and H 249. WILLS, Chairman 250 HOUSE JOURNAL March 28, 2011]

The Speaker announced he was about to sign enrolled H 244, FIRST REGULAR SESSION OF THE SIXTY-FIRST IDAHO H 245, H 145, as amended, H 204, H 248, and H 249 and, when LEGISLATURE, RELATING TO REDUCED ENROLLMENT, so signed, ordered them transmitted to the Senate for the signature CONTRACT TERMINATION AND SEVERANCE STIPEND; of the President. AND AMENDING SECTION 33-1003, IDAHO CODE, AS AMENDED IN SECTION 12 OF SENATE BILL NO. 1108, AS March 28, 2011 ENACTED BY THE FIRST REGULAR SESSION OF THE Mr. Speaker: SIXTY-FIRST IDAHO LEGISLATURE, TO PROVIDE FOR We, your COMMITTEE ON JUDICIARY, RULES, AND SPECIAL APPLICATIONS OF EDUCATIONAL SUPPORT ADMINISTRATION, report that we have engrossed H 140, as PROGRAM DURING THE PERIOD JULY 1, 2011, THROUGH amended in the Senate, and H 183, as amended in the Senate. JUNE 30, 2012. WILLS, Chairman H 140, as amended in the Senate, and H 183, as amended in HOUSE BILL NO. 316 the Senate, were filed for first reading of engrossed bills. BY STATE AFFAIRS COMMITTEE AN ACT March 25, 2011 RELATING TO LEVY ELECTIONS; AMENDING Mr. Speaker: CHAPTER 4, TITLE 34, IDAHO CODE, BY THE ADDITION We, your COMMITTEE ON JUDICIARY, RULES, AND OF A NEW SECTION 34-439A, IDAHO CODE, TO ADMINISTRATION, report that we have transmitted enrolled PROVIDE PROVISIONS RELATING TO DISCLOSURES IN HJM 3 and HCR 19 to the Secretary of State at 10:34 a.m., as ELECTIONS IN ANY TAXING DISTRICT THAT PROPOSES of this date, March 25, 2011. TO SUBMIT ANY QUESTION TO ELECTORS THAT WILLS, Chairman WOULD AUTHORIZE ANY LEVY; AND DECLARING AN EMERGENCY. March 25, 2011 Mr. Speaker: HOUSE BILL NO. 317 We, your COMMITTEE ON BUSINESS, report that we have BY WAYS AND MEANS COMMITTEE had under consideration H 299 and recommend that it do pass. AN ACT BLACK, Chairman RELATING TO PUBLIC ASSISTANCE LAW; AMENDING CHAPTER 2, TITLE 56, IDAHO CODE, BY H 299 was filed for second reading. THE ADDITION OF A NEW SECTION 56-205, IDAHO March 25, 2011 CODE, TO REQUIRE THAT THE STATE DEPARTMENT Mr. Speaker: OF HEALTH AND WELFARE OR ITS AUTHORIZED We, your COMMITTEE ON AGRICULTURAL AFFAIRS, AGENT ISSUES CERTAIN BENEFITS AS EVENLY AS report that we have had under consideration S 1085 and report it IS PRACTICABLE OVER THE COURSE OF MULTIPLE back with amendments attached to be placed on General Orders CONSECUTIVE DAYS AND TO PROVIDE THAT THE for consideration. DISTRIBUTION PERIOD WILL BE DETERMINED BY TRAIL, Chairman THE DIRECTOR AFTER CONDUCTING COMMUNITY STAKEHOLDER DISCUSSIONS; AMENDING CHAPTER 2, S 1085 was placed on General Orders for consideration. TITLE 56, IDAHO CODE, BY THE ADDITION OF A NEW SECTION 56-234, IDAHO CODE, TO PROVIDE FOR AN There being no objection, the House advanced to the Eighth IDENTIFICATION CARD FOR CERTIFIED HOUSEHOLDS Order of Business. UNDER THE SUPPLEMENTAL NUTRITION ASSISTANCE Introduction, First Reading, and Reference PROGRAM, TO PROVIDE REQUIREMENTS RELATING of Bills and Joint Resolutions TO SUCH IDENTIFICATION CARDS AND TO PROVIDE THAT UPON REQUEST, CERTAIN PERSONS SHALL HOUSE BILL NO. 314 PRESENT SUCH IDENTIFICATION CARD AT RETAIL BY EDUCATION COMMITTEE FOOD STORES; AND PROVIDING AN EFFECTIVE DATE. AN ACT RELATING TO FEES FOR DRIVER'S TRAINING; HOUSE BILL NO. 318 REPEALING SECTION 33-1707, IDAHO CODE, RELATING BY WAYS AND MEANS COMMITTEE TO DISTRIBUTIONS OF MONEYS FROM THE DRIVER'S AN ACT TRAINING FUND; AMENDING SECTION 49-306, IDAHO RELATING TO GROUND WATER DISTRICTS; CODE, TO REVISE DISTRIBUTION OF DRIVER'S LICENSE AMENDING SECTION 42-5240, IDAHO CODE, TO MONEYS; AMENDING SECTION 49-307, IDAHO CODE, PROVIDE FOR THE PRIORITY OF CERTAIN LIENS, TO TO REVISE DISTRIBUTION OF MONEYS COLLECTED PROVIDE A CONDITION, TO CLARIFY REFERENCE TO FROM ENROLLEES OF CLASS D DRIVER'S TRAINING CERTAIN LIENS, TO PROVIDE THAT CERTAIN LIENS COURSES; AND PROVIDING AN EFFECTIVE DATE AND SHALL CONSTITUTE SUCH LIENS UNTIL PAID, TO TO PROVIDE REMITTANCE OF A FUND BALANCE IN PROVIDE THAT UPON THE SALE OF THE PROPERTY THE DRIVER'S TRAINING FUND TO THE GENERAL FOR PAYMENT OF A LIEN THE PURCHASER SHALL FUND. TAKE THE PROPERTY SUBJECT TO CERTAIN ANNUAL ASSESSMENTS AND TO PROVIDE THAT SPECIFIED HOUSE BILL NO. 315 PROVISIONS SHALL NOT ALTER OR AFFECT CERTAIN BY EDUCATION COMMITTEE LIENS. AN ACT H 314, H 315, H 316, H 317, and H 318 were introduced, RELATING TO EDUCATION; REPEALING SECTION read the first time by title, and referred to the Judiciary, Rules, 33-515B, IDAHO CODE, AS ADDED BY SECTION 6 and Administration Committee for printing. OF SENATE BILL NO. 1108, AS ENACTED BY THE [March 28, 2011 HOUSE JOURNAL 251

S 1154, as amended, by Judiciary and Rules Committee, McGeachin, McMillan, Moyle, Nesset, Nonini, Palmer, was introduced, read the first time by title, and referred to the Patrick, Pence, Perry, Raybould, Ringo, Roberts, Rusche, Judiciary, Rules, and Administration Committee. Schaefer, Shepherd, Shirley, Simpson, Sims, Smith(30), Smith(24), Stevenson, Takasugi(Batt), Thayn, Thompson, Trail, S 1179, by Judiciary and Rules Committee, was introduced, Vander Woude, Wills, Wood(27), Wood(35), Mr. Speaker. read the first time by title, and referred to the Transportation and Total – 67. Defense Committee. NAYS – Burgoyne. Total – 1. First Reading of Engrossed Bills Absent and excused – Henderson, Nielsen. Total – 2. Total – 70. H 140, as amended in the Senate, by Judiciary, Rules, and Administration Committee, was introduced, read the first time by Whereupon the Speaker declared that S 1132 passed the title, and filed for second reading. House. Title was approved and the bill ordered returned to the Senate. H 183, as amended in the Senate, by State Affairs Committee, was introduced, read the first time by title, and filed S 1049 was read the third time at length, section by section, for second reading. and placed before the House for final consideration. Second Reading of Bills and Joint Resolutions At this time, the Speaker recognized Mr. Thayn to open debate. H 302, H 264, and H 275, as amended, by State Affairs Committee, were read the second time by title and filed for third The question being, "Shall S 1049 pass?" reading. Roll call resulted as follows: H 304, H 305, and H 306, by Appropriations Committee, AYES – Anderson, Andrus, Barbieri, Barrett, Bateman, were read the second time by title and filed for third reading. Bayer, Bedke, Bell, Bilbao, Black, Block, Bolz, Boyle, S 1080, as amended, and S 1100, by Health and Welfare Buckner-Webb, Burgoyne, Chadderdon(Chadderdon), Chew, Committee, were read the second time by title and filed for third Collins, Crane, Cronin, DeMordaunt, Ellsworth, Eskridge, reading. Gibbs(Wheeler), Guthrie, Hagedorn, Hart, Hartgen, Harwood, Henderson, Higgins, Jaquet, Killen, King, Lacey, Lake, S 1120, by Judiciary and Rules Committee, was read the Loertscher, Luker, Marriott, McGeachin, McMillan, Moyle, second time by title and filed for third reading. Nesset, Nielsen, Nonini, Palmer, Patrick, Pence, Perry, Raybould, Ringo, Roberts, Rusche, Schaefer, Shepherd, Shirley, Simpson, S 1180, S 1181, S 1182, and S 1183, by Finance Committee, Sims, Smith(30), Smith(24), Stevenson, Takasugi(Batt), Thayn, were read the second time by title and filed for third reading. Thompson, Trail, Vander Woude, Wills, Wood(27), Wood(35), H 141, as amended, by Judiciary, Rules, and Administration Mr. Speaker. Total – 70. Committee, was read the second time by title and filed for third NAYS – None. reading. Whereupon the Speaker declared that S 1049 passed the H 247, as amended, by Revenue and Taxation Committee, House. Title was approved and the bill ordered returned to the was read the second time by title and filed for third reading. Senate. H 91, as amended, as amended, by Transportation and S 1139 was read the third time at length, section by section, Defense Committee, was read the second time by title and filed and placed before the House for final consideration. for third reading. At this time, the Speaker recognized Mr. Marriott to open Third Reading of Bills and Joint Resolutions debate. Mr. Moyle asked unanimous consent that H 263 and The question being, "Shall S 1139 pass?" H 295 be returned to the Commerce and Human Resources Committee. There being no objection, it was so ordered. Roll call resulted as follows: AYES – Anderson, Andrus, Barbieri, Barrett, Bateman, Mrs. McGeachin asked unanimous consent that H 216 be Bayer, Bedke, Bell, Bilbao, Black, Block, Bolz, Boyle, returned to the Health and Welfare Committee. There being no Buckner-Webb, Burgoyne, Chadderdon(Chadderdon), Chew, objection, it was so ordered. Collins, Crane, Cronin, DeMordaunt, Ellsworth, Eskridge, S 1132 was read the third time at length, section by section, Gibbs(Wheeler), Guthrie, Hagedorn, Hart, Hartgen, Harwood, and placed before the House for final consideration. Henderson, Higgins, Jaquet, Killen, King, Lacey, Lake, Loertscher, Luker, Marriott, McGeachin, McMillan, Moyle, At this time, the Speaker recognized Ms. Sims to open Nesset, Nielsen, Nonini, Palmer, Patrick, Pence, Perry, Raybould, debate. Ringo, Roberts, Schaefer, Shepherd, Shirley, Simpson, Sims, Smith(30), Smith(24), Stevenson, Takasugi(Batt), Thayn, The question being, "Shall S 1132 pass?" Thompson, Trail, Vander Woude, Wills, Wood(27), Wood(35), Mr. Speaker. Total – 69. Roll call resulted as follows: NAYS – None. AYES – Anderson, Andrus, Barbieri, Barrett, Bateman, Absent and excused – Rusche. Total – 1. Bayer, Bedke, Bell, Bilbao, Black, Block, Bolz, Boyle, Total – 70. Buckner-Webb, Chadderdon(Chadderdon), Chew, Collins, Crane, Cronin, DeMordaunt, Ellsworth, Eskridge, Gibbs(Wheeler), Whereupon the Speaker declared that S 1139 passed the Guthrie, Hagedorn, Hart, Hartgen, Harwood, Higgins, Jaquet, House. Title was approved and the bill ordered returned to the Killen, King, Lacey, Lake, Loertscher, Luker, Marriott, Senate. 252 HOUSE JOURNAL March 28, 2011]

S 1087 was read the third time at length, section by section, DeMordaunt, Ellsworth, Eskridge, Gibbs(Wheeler), Guthrie, and placed before the House for final consideration. Hagedorn, Hart, Hartgen, Harwood, Henderson, Higgins, King, Lacey, Lake, Loertscher, Luker, Marriott, McGeachin, At this time, the Speaker recognized Mr. Collins to open McMillan, Moyle, Nesset, Nielsen, Nonini, Palmer, Patrick, debate. Perry, Raybould, Rusche, Schaefer, Shepherd, Shirley, Simpson, Sims, Smith(30), Stevenson, Takasugi(Batt), Thayn, Thompson, The question being, "Shall S 1087 pass?" Trail, Vander Woude, Wills, Wood(27), Wood(35), Mr. Speaker. Total – 61. Roll call resulted as follows: NAYS – Burgoyne, Chew, Cronin, Jaquet, Killen, Pence, AYES – Anderson, Andrus, Barbieri, Barrett, Bateman, Ringo, Smith(24). Total – 8. Bayer, Bedke, Bell, Bilbao, Black, Block, Bolz, Boyle, Absent and excused – Roberts. Total – 1. Buckner-Webb, Burgoyne, Chadderdon(Chadderdon), Chew, Total – 70. Collins, Crane, Cronin, DeMordaunt, Ellsworth, Eskridge, Gibbs(Wheeler), Guthrie, Hagedorn, Hart, Hartgen, Harwood, Whereupon the Speaker declared that S 1070, as Henderson, Higgins, Jaquet, Killen, King, Lacey, Lake, amended, passed the House. Title was approved and the bill Loertscher, Luker, Marriott, McGeachin, McMillan, Nesset, ordered returned to the Senate. Nielsen, Nonini, Palmer, Patrick, Pence, Perry, Raybould, Ringo, Roberts, Rusche, Schaefer, Shepherd, Shirley, Simpson, Mr. Moyle asked unanimous consent that S 1105, as Sims, Smith(30), Smith(24), Stevenson, Takasugi(Batt), Thayn, amended, and S 1021, as amended, be placed at the bottom of Thompson, Trail, Vander Woude, Wills, Wood(27), Wood(35), the Third Reading Calendar. There being no objection, it was so Mr. Speaker. Total – 69. ordered. NAYS – Moyle. Total – 1. Total – 70. S 1164 was read the third time at length, section by section, and placed before the House for final consideration. Whereupon the Speaker declared that S 1087 passed the House. Title was approved and the bill ordered returned to the At this time, the Speaker recognized Mrs. Ringo to open Senate. debate. S 1090 was read the third time at length, section by section, The question being, "Shall S 1164 pass?" and placed before the House for final consideration. Roll call resulted as follows: At this time, the Speaker recognized Mr. Thompson AYES – Anderson, Andrus, Bateman, Bayer, Bedke, and Mr. Black to open debate. Bell, Bilbao, Black, Block, Bolz, Buckner-Webb, Burgoyne, Chadderdon(Chadderdon), Chew, Collins, Crane, Cronin, The question being, "Shall S 1090 pass?" DeMordaunt, Ellsworth, Eskridge, Gibbs(Wheeler), Guthrie, Hagedorn, Higgins, Jaquet, Killen, King, Lacey, Lake, Luker, Roll call resulted as follows: Marriott, McGeachin, Moyle, Nesset, Nonini, Patrick, Pence, AYES – Anderson, Andrus, Barbieri, Barrett, Bateman, Perry, Raybould, Ringo, Rusche, Shirley, Smith(30), Smith(24), Bayer, Bedke, Bell, Bilbao, Black, Block, Bolz, Boyle, Stevenson, Takasugi(Batt), Thompson, Trail, Vander Woude, Buckner-Webb, Burgoyne, Chadderdon(Chadderdon), Chew, Wills, Wood(27), Mr. Speaker. Total – 52. Collins, Crane, Cronin, DeMordaunt, Ellsworth, Eskridge, NAYS – Barbieri, Barrett, Boyle, Hart, Hartgen, Harwood, Gibbs(Wheeler), Guthrie, Hagedorn, Hart, Hartgen, Harwood, Henderson, Loertscher, McMillan, Nielsen, Palmer, Schaefer, Henderson, Higgins, Jaquet, Killen, King, Lacey, Lake, Shepherd, Simpson, Sims, Thayn, Wood(35). Total – 17. Loertscher, Luker, Marriott, McGeachin, McMillan, Moyle, Absent and excused – Roberts. Total – 1. Nesset, Nielsen, Nonini, Palmer, Patrick, Pence, Perry, Raybould, Total – 70. Ringo, Rusche, Schaefer, Shepherd, Shirley, Simpson, Sims, Smith(30), Smith(24), Stevenson, Takasugi(Batt), Thayn, Whereupon the Speaker declared that S 1164 passed the Thompson, Trail, Vander Woude, Wills, Wood(27), Wood(35), House. Title was approved and the bill ordered returned to the Mr. Speaker. Total – 69. Senate. NAYS – None. S 1147 was read the third time at length, section by section, Absent and excused – Roberts. Total – 1. and placed before the House for final consideration. Total – 70. At this time, the Speaker recognized Mr. Thayn to open Whereupon the Speaker declared that S 1090 passed the debate. House. Title was approved and the bill ordered returned to the Senate. The question being, "Shall S 1147 pass?" S 1070, as amended, was read the third time at length, section Roll call resulted as follows: by section, and placed before the House for final consideration. AYES – Anderson, Andrus, Barbieri, Barrett, Bateman, At this time, the Speaker recognized Mr. Bayer to open Bayer, Bedke, Bell, Bilbao, Black, Block, Bolz, Boyle, debate. Buckner-Webb, Burgoyne, Chadderdon(Chadderdon), Chew, Collins, Crane, Cronin, DeMordaunt, Ellsworth, Eskridge, The question being, "Shall S 1070, as amended, pass?" Gibbs(Wheeler), Guthrie, Hagedorn, Hart, Hartgen, Harwood, Henderson, Higgins, Jaquet, Killen, King, Lacey, Lake, Roll call resulted as follows: Loertscher, Luker, Marriott, McGeachin, McMillan, Moyle, AYES – Anderson, Andrus, Barbieri, Barrett, Bateman, Nesset, Nielsen, Nonini, Palmer, Patrick, Pence, Perry, Raybould, Bayer, Bedke, Bell, Bilbao, Black, Block, Bolz, Boyle, Ringo, Roberts, Rusche, Schaefer, Shepherd, Shirley, Simpson, Buckner-Webb, Chadderdon(Chadderdon), Collins, Crane, Sims, Smith(30), Stevenson, Takasugi(Batt), Thayn, Thompson, [March 28, 2011 HOUSE JOURNAL 253

Trail, Vander Woude, Wills, Wood(27), Wood(35), Mr. Speaker. The question being, "Shall S 1167 pass?" Total – 69. NAYS – None. Roll call resulted as follows: Absent and excused – Smith(24). Total – 1. AYES – Anderson, Bateman, Bayer, Bedke, Bell, Bilbao, Total – 70. Black, Block, Bolz, Buckner-Webb, DeMordaunt, Eskridge, Hagedorn, Hartgen, Henderson, Higgins, Jaquet, Killen, Lacey, Whereupon the Speaker declared that S 1147 passed the Lake, Marriott, Moyle, Nesset, Nonini, Patrick, Pence, Perry, House. Title was approved and the bill ordered returned to the Raybould, Ringo, Roberts, Shepherd, Shirley, Stevenson, Senate. Takasugi(Batt), Thayn, Thompson, Trail, Vander Woude, Wills, S 1129 was read the third time at length, section by section, Wood(27), Wood(35), Mr. Speaker. Total – 42. and placed before the House for final consideration. NAYS – Andrus, Barbieri, Barrett, Boyle, Burgoyne, Chadderdon(Chadderdon), Chew, Collins, Crane, Cronin, At this time, the Speaker recognized Mrs. Higgins to open Ellsworth, Gibbs(Wheeler), Guthrie, Hart, Harwood, King, debate. Loertscher, Luker, McGeachin, McMillan, Nielsen, Palmer, Rusche, Schaefer, Simpson, Sims, Smith(30), Smith(24). The question being, "Shall S 1129 pass?" Total – 28. Total – 70. Roll call resulted as follows: AYES – Anderson, Andrus, Bateman, Bayer, Bedke, Whereupon the Speaker declared that S 1167 passed the Bilbao, Black, Block, Bolz, Buckner-Webb, Burgoyne, House. Title was approved and the bill ordered returned to the Chadderdon(Chadderdon), Chew, Collins, Crane, Cronin, Senate. Ellsworth, Eskridge, Gibbs(Wheeler), Guthrie, Hagedorn, Henderson, Higgins, Jaquet, Killen, King, Lacey, Lake, S 1168 was read the third time at length, section by section, Loertscher, Luker, McGeachin, Nesset, Nonini, Palmer, and placed before the House for final consideration. Pence, Perry, Raybould, Ringo, Roberts, Rusche, Schaefer, At this time, the Speaker recognized Mr. Thompson to open Shepherd, Shirley, Simpson, Smith(30), Smith(24), Stevenson, debate. Takasugi(Batt), Thayn, Thompson, Trail, Vander Woude, Wills, Wood(27). Total – 54. The question being, "Shall S 1168 pass?" NAYS – Barbieri, Barrett, Bell, Boyle, DeMordaunt, Hart, Hartgen, Harwood, Marriott, McMillan, Moyle, Nielsen, Patrick, Roll call resulted as follows: Sims, Wood(35), Mr. Speaker. Total – 16. AYES – Anderson, Andrus, Barbieri, Barrett, Bateman, Total – 70. Bayer, Bedke, Bell, Bilbao, Black, Block, Bolz, Boyle, Buckner-Webb, Burgoyne, Chadderdon(Chadderdon), Chew, Whereupon the Speaker declared that S 1129 passed the Collins, Crane, Cronin, DeMordaunt, Ellsworth, Eskridge, House. Title was approved and the bill ordered returned to the Gibbs(Wheeler), Guthrie, Hagedorn, Hart, Hartgen, Harwood, Senate. Henderson, Higgins, Jaquet, Killen, King, Lacey, Lake, S 1130 was read the third time at length, section by section, Loertscher, Luker, Marriott, McGeachin, McMillan, Moyle, and placed before the House for final consideration. Nesset, Nielsen, Nonini, Palmer, Patrick, Pence, Perry, Raybould, Ringo, Roberts, Rusche, Shepherd, Shirley, Simpson, Sims, At this time, the Speaker recognized Ms. Smith(30) to open Smith(30), Smith(24), Stevenson, Takasugi(Batt), Thayn, debate. Thompson, Trail, Vander Woude, Wills, Wood(27), Wood(35), Mr. Speaker. Total – 69. The question being, "Shall S 1130 pass?" NAYS – Schaefer. Total – 1. Total – 70. Roll call resulted as follows: AYES – Anderson, Andrus, Barbieri, Barrett, Bateman, Whereupon the Speaker declared that S 1168 passed the Bayer, Bedke, Bell, Bilbao, Black, Block, Bolz, Boyle, House. Title was approved and the bill ordered returned to the Buckner-Webb, Burgoyne, Chadderdon(Chadderdon), Chew, Senate. Collins, Crane, Cronin, DeMordaunt, Ellsworth, Eskridge, Gibbs(Wheeler), Guthrie, Hagedorn, Hart, Hartgen, Harwood, S 1169 was read the third time at length, section by section, Henderson, Higgins, Jaquet, Killen, King, Lacey, Lake, and placed before the House for final consideration. Loertscher, Luker, Marriott, McGeachin, McMillan, Moyle, At this time, the Speaker recognized Mr. Patrick to open Nesset, Nielsen, Nonini, Palmer, Patrick, Pence, Perry, Raybould, debate. Ringo, Roberts, Rusche, Schaefer, Shepherd, Shirley, Simpson, Sims, Smith(30), Smith(24), Stevenson, Takasugi(Batt), Thayn, The question being, "Shall S 1169 pass?" Thompson, Trail, Vander Woude, Wills, Wood(27), Wood(35), Mr. Speaker. Total – 70. Roll call resulted as follows: NAYS – None. AYES – Anderson, Andrus, Barbieri, Barrett, Bateman, Bayer, Bedke, Bell, Bilbao, Black, Block, Bolz, Boyle, Whereupon the Speaker declared that S 1130 passed the Buckner-Webb, Burgoyne, Chadderdon(Chadderdon), Chew, House. Title was approved and the bill ordered returned to the Collins, Crane, Cronin, DeMordaunt, Ellsworth, Eskridge, Senate. Gibbs(Wheeler), Guthrie, Hagedorn, Hart, Hartgen, Harwood, S 1167 was read the third time at length, section by section, Henderson, Higgins, Jaquet, Killen, King, Lacey, Lake, and placed before the House for final consideration. Loertscher, Luker, Marriott, McGeachin, McMillan, Moyle, Nesset, Nielsen, Nonini, Palmer, Patrick, Pence, Perry, Raybould, At this time, the Speaker recognized Ms. Jaquet to open Ringo, Roberts, Rusche, Schaefer, Shepherd, Shirley, Simpson, debate. Sims, Smith(30), Smith(24), Stevenson, Takasugi(Batt), Thayn, 254 HOUSE JOURNAL March 28, 2011]

Thompson, Trail, Vander Woude, Wills, Wood(27), Wood(35), Roll call resulted as follows: Mr. Speaker. Total – 70. AYES – Anderson, Andrus, Barbieri, Barrett, Bateman, NAYS – None. Bayer, Bedke, Bell, Bilbao, Black, Block, Bolz, Boyle, Buckner-Webb, Burgoyne, Chadderdon(Chadderdon), Chew, Whereupon the Speaker declared that S 1169 passed the Collins, Crane, Cronin, DeMordaunt, Ellsworth, Eskridge, House. Title was approved and the bill ordered returned to the Gibbs(Wheeler), Guthrie, Hagedorn, Hart, Hartgen, Harwood, Senate. Henderson, Higgins, Jaquet, Killen, King, Lacey, Lake, Loertscher, Luker, Marriott, McGeachin, McMillan, Moyle, S 1170 was read the third time at length, section by section, Nesset, Nielsen, Nonini, Palmer, Patrick, Pence, Perry, Raybould, and placed before the House for final consideration. Ringo, Roberts, Rusche, Schaefer, Shepherd, Shirley, Simpson, Smith(30), Smith(24), Stevenson, Takasugi(Batt), Thayn, At this time, the Speaker recognized Mr. Bolz to open debate. Thompson, Trail, Vander Woude, Wills, Wood(27), Wood(35), Mr. Speaker. Total – 69. The question being, "Shall S 1170 pass?" NAYS – Sims. Total – 1. Total – 70. Roll call resulted as follows: AYES – Anderson, Andrus, Barbieri, Barrett, Bateman, Whereupon the Speaker declared that S 1172 passed the Bayer, Bedke, Bell, Bilbao, Black, Block, Bolz, Boyle, House. Title was approved and the bill ordered returned to the Buckner-Webb, Burgoyne, Chadderdon(Chadderdon), Chew, Senate. Collins, Crane, Cronin, DeMordaunt, Ellsworth, Eskridge, Gibbs(Wheeler), Guthrie, Hagedorn, Hart, Hartgen, Harwood, Henderson, Higgins, Jaquet, Killen, King, Lacey, Lake, S 1173 was read the third time at length, section by section, Loertscher, Luker, Marriott, McGeachin, McMillan, Moyle, and placed before the House for final consideration. Nesset, Nielsen, Nonini, Palmer, Patrick, Pence, Perry, Raybould, At this time, the Speaker recognized Mr. Thompson to open Ringo, Roberts, Rusche, Schaefer, Shepherd, Shirley, Simpson, debate. Sims, Smith(30), Smith(24), Stevenson, Takasugi(Batt), Thayn, Thompson, Trail, Vander Woude, Wills, Wood(27), Wood(35), The question being, "Shall S 1173 pass?" Mr. Speaker. Total – 70. NAYS – None. Roll call resulted as follows: AYES – Anderson, Bayer, Bedke, Bell, Bilbao, Black, Whereupon the Speaker declared that S 1170 passed the Block, Bolz, Boyle, Chadderdon(Chadderdon), Collins, Crane, House. Title was approved and the bill ordered returned to the DeMordaunt, Eskridge, Gibbs(Wheeler), Guthrie, Hagedorn, Senate. Hartgen, Henderson, Jaquet, King, Lake, Marriott, Nesset, Nonini, Palmer, Patrick, Pence, Perry, Raybould, Ringo, S 1171 was read the third time at length, section by section, Roberts, Schaefer, Shepherd, Shirley, Stevenson, Takasugi(Batt), and placed before the House for final consideration. Thayn, Thompson, Vander Woude, Wills, Wood(27), Wood(35), At this time, the Speaker recognized Ms. Jaquet to open Mr. Speaker. Total – 44. debate. NAYS – Andrus, Barbieri, Barrett, Bateman, Buckner-Webb, Burgoyne, Chew, Cronin, Ellsworth, Hart, Harwood, Higgins, The question being, "Shall S 1171 pass?" Killen, Lacey, Loertscher, Luker, McGeachin, McMillan, Moyle, Nielsen, Rusche, Simpson, Sims, Smith(30), Smith(24), Trail. Roll call resulted as follows: Total – 26. AYES – Anderson, Andrus, Barrett, Bayer, Bedke, Bell, Total – 70. Bilbao, Black, Block, Bolz, Boyle, Buckner-Webb, Burgoyne, Chadderdon(Chadderdon), Chew, Collins, Crane, Cronin, Whereupon the Speaker declared that S 1173 passed the DeMordaunt, Ellsworth, Eskridge, Gibbs(Wheeler), Guthrie, House. Title was approved and the bill ordered returned to the Hagedorn, Hart, Hartgen, Harwood, Henderson, Higgins, Senate. Jaquet, Killen, King, Lacey, Lake, Loertscher, Luker, Marriott, McGeachin, McMillan, Moyle, Nesset, Nielsen, Nonini, S 1174 was read the third time at length, section by section, Patrick, Pence, Perry, Raybould, Ringo, Roberts, Rusche, and placed before the House for final consideration. Shepherd, Shirley, Simpson, Smith(30), Smith(24), Stevenson, Takasugi(Batt), Thayn, Thompson, Trail, Vander Woude, Wills, At this time, the Speaker recognized Mr. Wood(27) to open Wood(27), Wood(35), Mr. Speaker. Total – 65. debate. NAYS – Barbieri, Bateman, Palmer, Schaefer, Sims. Total – 5. The question being, "Shall S 1174 pass?" Total – 70. Roll call resulted as follows: Whereupon the Speaker declared that S 1171 passed the AYES – Anderson, Andrus, Bateman, Bayer, Bedke, House. Title was approved and the bill ordered returned to the Bell, Bilbao, Black, Block, Bolz, Buckner-Webb, Burgoyne, Senate. Chadderdon(Chadderdon), Chew, Collins, Crane, Cronin, DeMordaunt, Ellsworth, Eskridge, Gibbs(Wheeler), Guthrie, Hagedorn, Hartgen, Harwood, Henderson, Higgins, Jaquet, S 1172 was read the third time at length, section by section, Killen, King, Lacey, Lake, Marriott, McGeachin, McMillan, and placed before the House for final consideration. Moyle, Nesset, Nielsen, Nonini, Patrick, Pence, Perry, Raybould, At this time, the Speaker recognized Mr. Bolz to open debate. Ringo, Roberts, Rusche, Shepherd, Shirley, Simpson, Smith(30), Smith(24), Stevenson, Takasugi(Batt), Thompson, Trail, The question being, "Shall S 1172 pass?" Vander Woude, Wills, Wood(27), Mr. Speaker. Total – 59. [March 28, 2011 HOUSE JOURNAL 255

NAYS – Barbieri, Barrett, Boyle, Hart, Loertscher, Luker, Adjournment Palmer, Schaefer, Sims, Thayn, Wood(35). Total – 11. Total – 70. Mr. Moyle moved that the House adjourn until 10:30 a.m., Tuesday, March 29, 2011. Seconded by Mr. Rusche. Motion Whereupon the Speaker declared that S 1174 passed the carried. House. Title was approved and the bill ordered returned to the Senate. Whereupon the Speaker declared the House adjourned at 12:05 p.m. LAWERENCE DENNEY, Speaker S 1175 was read the third time at length, section by section, and placed before the House for final consideration. ATTEST: BONNIE ALEXANDER, Chief Clerk At this time, the Speaker recognized Mrs. Ringo to open debate. The question being, "Shall S 1175 pass?"

Roll call resulted as follows: AYES – Anderson, Andrus, Bateman, Bayer, Bedke, Bell, Black, Block, Bolz, Buckner-Webb, Burgoyne, Chadderdon(Chadderdon), Chew, Cronin, DeMordaunt, Ellsworth, Eskridge, Gibbs(Wheeler), Guthrie, Hagedorn, Hartgen, Henderson, Higgins, Jaquet, Killen, King, Lacey, Lake, Marriott, McGeachin, Moyle, Nesset, Nonini, Patrick, Pence, Perry, Raybould, Ringo, Rusche, Shepherd, Shirley, Simpson, Smith(30), Smith(24), Stevenson, Takasugi(Batt), Thompson, Trail, Vander Woude, Wills, Wood(27), Mr. Speaker. Total – 52. NAYS – Barbieri, Barrett, Bilbao, Boyle, Collins, Crane, Hart, Harwood, Loertscher, Luker, McMillan, Nielsen, Palmer, Roberts, Schaefer, Sims, Thayn, Wood(35). Total – 18. Total – 70. Whereupon the Speaker declared that S 1175 passed the House. Title was approved and the bill ordered returned to the Senate. S 1176 was read the third time at length, section by section, and placed before the House for final consideration. At this time, the Speaker recognized Ms. Jaquet to open debate. The question being, "Shall S 1176 pass?"

Roll call resulted as follows: AYES – Anderson, Andrus, Barrett, Bateman, Bayer, Bedke, Bell, Bilbao, Black, Block, Bolz, Buckner-Webb, Burgoyne, Chadderdon(Chadderdon), Chew, Collins, Crane, Cronin, DeMordaunt, Ellsworth, Eskridge, Gibbs(Wheeler), Guthrie, Hagedorn, Hartgen, Harwood, Henderson, Higgins, Jaquet, Killen, King, Lacey, Lake, Loertscher, Luker, McGeachin, Nesset, Nielsen, Nonini, Patrick, Pence, Perry, Raybould, Ringo, Roberts, Schaefer, Shepherd, Shirley, Simpson, Sims, Smith(30), Smith(24), Stevenson, Takasugi(Batt), Thayn, Thompson, Trail, Vander Woude, Wills, Wood(27), Wood(35). Total – 61. NAYS – Barbieri, Boyle, Hart, Marriott, McMillan, Moyle, Palmer, Rusche, Mr. Speaker. Total – 9. Total – 70. Whereupon the Speaker declared that S 1176 passed the House. Title was approved and the bill ordered returned to the Senate. Mr. Moyle asked unanimous consent that the remaining bills on the Third Reading Calendar retain their places for one legislative day. There being no objection, it was so ordered. There being no objection, the House advanced to the Sixteenth Order of Business. 256 HOUSE JOURNAL March 29, 2011]

HOUSE JOURNAL H 316 was referred to the State Affairs Committee. OF THE H 317 was filed for second reading. H 318 was referred to the Resources and Conservation IDAHO LEGISLATURE Committee. FIRST REGULAR SESSION March 29, 2011 SIXTY-FIRST LEGISLATURE Mr. Speaker: We, your COMMITTEE ON JUDICIARY, RULES, AND ADMINISTRATION, report that we have enrolled HCR 25, H 251, H 252, H 253, and H 254. WILLS, Chairman SEVENTY-NINTH LEGISLATIVE DAY TUESDAY, MARCH 29, 2011 The Speaker announced he was about to sign enrolled HCR 25, H 251, H 252, H 253, and H 254 and, when so signed, ordered them transmitted to the Senate for the signature of the House of Representatives President. The House convened at 10:30 a.m., the Speaker in the Chair. March 28, 2011 Roll call showed all 70 members present. Mr. Speaker: Prayer was offered by Chaplain Tom Dougherty. We, your COMMITTEE ON STATE AFFAIRS, report that we have had under consideration H 298 and recommend that it The Pledge of Allegiance was led by Emily Thiel, Page. do pass. LOERTSCHER, Chairman Approval of Journal H 298 was filed for second reading. March 29, 2011 March 28, 2011 Mr. Speaker: Mr. Speaker: We, your COMMITTEE ON JUDICIARY, RULES, AND We, your COMMITTEE ON EDUCATION, report that we ADMINISTRATION, report that we have read and approved have had under consideration S 1149 and recommend that it do the House Journal of the Seventy-eighth Legislative Day and pass. recommend that same be adopted as corrected. NONINI, Chairman WILLS, Chairman S 1149 was filed for second reading. Mr. Wills moved that the report be adopted. Seconded by Mr. Burgoyne. Report adopted. March 28, 2011 Mr. Speaker: We, your COMMITTEE ON HEALTH AND WELFARE, Consideration of Messages from the report that we have had under consideration S 1137 and Governor and the Senate S 1138 and recommend that they do pass. March 28, 2011 MCGEACHIN, Chairman Mr. Speaker: S 1137 and S 1138 were filed for second reading. I transmit herewith SCR 109, S 1186, and S 1166, as amended, which have passed the Senate. March 29, 2011 WOOD, Secretary Mr. Speaker: We, your COMMITTEE ON AGRICULTURAL AFFAIRS, SCR 109, S 1186, and S 1166, as amended, were filed for report that we have had under consideration S 1144 and first reading. recommend that it do pass. March 28, 2011 TRAIL, Chairman Mr. Speaker: S 1144 was filed for second reading. I return herewith H 260 which has passed the Senate. WOOD, Secretary March 29, 2011 H 260 was referred to the Judiciary, Rules, and Mr. Speaker: Administration Committee for enrolling. We, your COMMITTEE ON STATE AFFAIRS, report that Report of Standing Committees we have had under consideration S 1026, as amended, S 1075, as amended, and S 1133, as amended, and recommend that they do March 29, 2011 pass. Mr. Speaker: LOERTSCHER, Chairman We, your COMMITTEE ON JUDICIARY, RULES, AND ADMINISTRATION, report that we have printed H 314, H 315, S 1026, as amended, S 1075, as amended, and S 1133, as H 316, H 317, and H 318. amended, were filed for second reading. WILLS, Chairman There being no objection, the House advanced to the Seventh H 314 and H 315 were referred to the Education Committee. Order of Business. [March 29, 2011 HOUSE JOURNAL 257

Motions, Memorials, and Resolutions REQUIREMENTS REGARDING THE SALES TAX REBATE FOR EQUIPMENT USED IN ALTERNATIVE METHODS OF SCR 109, by State Affairs Committee, was introduced, read GENERATION OF ELECTRICITY; AMENDING SECTION 2, the first time by title, and referred to the Transportation and CHAPTER 355, LAWS OF 2005, TO EXTEND THE SUNSET Defense Committee. DATE; PROVIDING SEVERABILITY AND DECLARING Introduction, First Reading, and Reference AN EMERGENCY. of Bills and Joint Resolutions

HOUSE BILL NO. 319 HOUSE BILL NO. 322 BY STATE AFFAIRS COMMITTEE BY REVENUE AND TAXATION COMMITTEE AN ACT AN ACT RELATING TO THE PUBLIC EMPLOYEE RELATING TO THE SALES AND USE TAX ON RETIREMENT SYSTEM; AMENDING SECTION 59-1342, EQUIPMENT USED IN ALTERNATIVE METHODS OF IDAHO CODE, TO REVISE PROVISIONS RELATING TO GENERATION OF ELECTRICITY; AMENDING SECTION COMPUTATION OF CERTAIN SERVICE RETIREMENT 63-3622QQ, IDAHO CODE, TO REVISE REQUIREMENTS ALLOWANCES AS THEY RELATE TO THE IDAHO REGARDING THE SALES TAX REBATE FOR EQUIPMENT LEGISLATURE; AND AMENDING SECTION 59-1346, USED IN ALTERNATIVE METHODS OF GENERATION IDAHO CODE, TO REVISE PROVISIONS RELATING TO OF ELECTRICITY AND TO DELETE WIND AND SOLAR COMPUTATION OF CERTAIN EARLY RETIREMENT POWER FROM QUALIFYING FOR THE REBATE; AND ALLOWANCES AS THEY RELATE TO THE IDAHO AMENDING SECTION 2, CHAPTER 355, LAWS OF 2005, LEGISLATURE. TO EXTEND THE SUNSET DATE.

HOUSE BILL NO. 320 BY STATE AFFAIRS COMMITTEE HOUSE BILL NO. 323 AN ACT BY APPROPRIATIONS COMMITTEE RELATING TO THE IDAHO VIDEO SERVICE ACT; AN ACT AMENDING TITLE 50, IDAHO CODE, BY THE ADDITION APPROPRIATING ADDITIONAL MONEYS TO THE OF A NEW CHAPTER 30, TITLE 50, IDAHO CODE, TO DEPARTMENT OF ADMINISTRATION FOR FISCAL PROVIDE A SHORT TITLE, TO DEFINE TERMS, TO YEAR 2011; APPROPRIATING MONEYS TO THE PROVIDE FOR FRANCHISING AUTHORITY, TO PROVIDE DEPARTMENT OF ADMINISTRATION FOR FISCAL FOR THE USE OF PUBLIC RIGHTS-OF-WAY, TO PROVIDE YEAR 2012; LIMITING THE NUMBER OF AUTHORIZED FOR MODIFICATIONS OF EXISTING FRANCHISE FULL-TIME EQUIVALENT POSITIONS; PROVIDING AGREEMENTS, TO PROVIDE FOR FEES, TO PROVIDE LEGISLATIVE INTENT ON STATE EMPLOYEE HEALTH FOR A HOLDER OF CERTIFICATE, TO PROVIDE FOR INSURANCE BENEFITS; DIRECTING THE TRANSFER OF PROVISION OF ACCESS TO VIDEO SERVICE WITHIN MONEYS ON OR AFTER JULY 1, 2011; DIRECTING THE A CERTAIN PERIOD, TO PROVIDE FOR AMENDMENT TRANSFER OF MONEYS ON OR AFTER JANUARY 1, OF THE CERTIFICATE OF FRANCHISE AUTHORITY, 2012; PROVIDING LEGISLATIVE INTENT RELATING TO TO PROVIDE FOR SUSPENSION OF AUTHORITY FOR THE IDAHO EDUCATION NETWORK; AND DECLARING NONCOMPLIANCE WITH CERTAIN REQUIREMENTS, AN EMERGENCY. TO PROVIDE FOR A VIDEO SERVICE PROVIDER FEE, TO PROVIDE FOR NONDISCRIMINATION BY GOVERNMENTAL ENTITIES RELATING TO USE HOUSE BILL NO. 324 OF THE PUBLIC RIGHTS-OF-WAY, TO PROHIBIT BY APPROPRIATIONS COMMITTEE DISCRIMINATION AMONG POTENTIAL RESIDENTIAL AN ACT SUBSCRIBERS AND TO PROVIDE FOR VIOLATIONS, APPROPRIATING MONEYS TO THE DEPARTMENT TO PROVIDE FOR CUSTOMER SERVICE STANDARDS, OF INSURANCE FOR FISCAL YEAR 2012; AND LIMITING TO PROVIDE FOR DESIGNATION AND USE OF THE NUMBER OF FULL-TIME EQUIVALENT POSITIONS. CHANNEL CAPACITY FOR PUBLIC, EDUCATIONAL OR GOVERNMENTAL USE AND TO PROVIDE FOR APPLICABILITY OF OTHER LAW; AND PROVIDING HOUSE BILL NO. 325 SEVERABILITY. BY APPROPRIATIONS COMMITTEE AN ACT HOUSE BILL NO. 321 APPROPRIATING MONEYS TO THE DEPARTMENT BY REVENUE AND TAXATION COMMITTEE OF ADMINISTRATION FOR THE IDAHO STATE AN ACT CAPITOL COMMISSION FOR FISCAL YEAR 2012; AND RELATING TO PUBLIC UTILITIES AND THE SALES REAPPROPRIATING CERTAIN UNEXPENDED AND AND USE TAX ON EQUIPMENT USED IN ALTERNATIVE UNENCUMBERED BALANCES. METHODS OF GENERATION OF ELECTRICITY; PROVIDING LEGISLATIVE FINDINGS AND INTENT; AMENDING CHAPTER 5, TITLE 61, IDAHO CODE, BY THE HOUSE BILL NO. 326 ADDITION OF A NEW SECTION 61-543, IDAHO CODE, BY STATE AFFAIRS COMMITTEE TO DEFINE TERMS AND PROVIDE THE AUTHORITY AN ACT OF THE PUBLIC UTILITIES COMMISSION AND ITS RELATING TO THE VEHICLE INSPECTION JURISDICTION OVER THE AVOIDED COST RATES AND MAINTENANCE PROGRAM; AMENDING PAID TO PURPA QUALIFYING FACILITIES; AMENDING SECTION 39-116B, IDAHO CODE, TO PROVIDE FOR SECTION 63-3622QQ, IDAHO CODE, TO REVISE REINSTATEMENT OF REGISTRATION WITHOUT 258 HOUSE JOURNAL March 29, 2011]

CHARGE UNDER CERTAIN CIRCUMSTANCES; AND FOR THE PURPOSE OF HUNTING THOSE ANIMALS DECLARING AN EMERGENCY. DURING THE SAME CALENDAR DAY THOSE ANIMALS WERE LOCATED FROM THE AIR AND TO CLARIFY THAT H 319, H 320, H 321, H 322, H 323, H 324, H 325, and CERTAIN PROVISIONS SHALL NOT LIMIT OR PROHIBIT H 326 were introduced, read the first time by title, and referred to THE LAWFUL CONTROL OF WOLVES OR PREDATORY the Judiciary, Rules, and Administration Committee for printing. OR UNPROTECTED WILDLIFE THROUGH THE USE OF S 1186 and S 1166, as amended, by State Affairs Committee, AIRCRAFT UNDER CERTAIN CIRCUMSTANCES.". were introduced, read the first time by title, and referred to the Commerce and Human Resources Committee. HOUSE AMENDMENT TO S.B. NO. 1088, As Amended There being no objection, the House advanced to the Tenth AMENDMENT TO SECTION 2 Order of Business. On page 2 of the engrossed bill, in line 18, delete "by proving" and insert: "following determination by such insurer"; Second Reading of Bills and Joint Resolutions in line 19, following "loss" insert: ", obtaining verbal consent of the owner"; in line 24, following "owner" insert: "in conformance H 309, by Appropriations Committee, was read the second with section 49-1809(2), Idaho Code"; and in line 25, delete "the time by title and filed for third reading. original storage facility or other" and insert: "a". H 310 and H 299, by Ways and Means Committee, were read We have also had under consideration S 1053, as amended, the second time by title and filed for third reading. H 274, S 1111, and S 1085, report progress and beg leave to sit H 140, as amended in the Senate, by Judiciary, Rules, and again. Administration Committee, was read the second time by title and BEDKE, Chairman filed for third reading. Mr. Bedke moved that the report be adopted. Seconded by H 183, as amended in the Senate, by State Affairs Mr. Moyle. Committee, was read the second time by title and filed for third Whereupon the Speaker declared the report adopted. reading. H 231, as amended, was referred to the Judiciary, Rules, and There being no objection, the House advanced to the Twelfth Administration Committee for engrossing. Order of Business. S 1088, as amended, as amended in the House, was filed for Consideration of General Orders first reading. Mr. Moyle moved that the House do now resolve itself into a S 1053, as amended, H 274, S 1111, and S 1085 were retained Committee of the Whole House for the consideration of General on General Orders. Orders. Seconded by Mr. Rusche. Motion carried. The amendments were referred to Judiciary, Rules, and Whereupon the House resolved itself into a Committee of Administration committee for printing. the Whole House for the consideration of General Orders with Mr. Bedke in the Chair. There being no objection, the House returned to the Eleventh Order of Business. When the Committee of the Whole House rose, the Speaker returned to the Chair and the House was in order. Third Reading of Bills and Joint Resolutions Report of the Committee of the Whole House Mr. Moyle asked unanimous consent that H 302 be returned to the State Affairs Committee. There being no objection, it was March 29, 2011 so ordered. Mr. Speaker: We, your COMMITTEE OF THE WHOLE HOUSE, report There being no objection, the House returned to the Fifth that we have had under consideration H 231 and S 1088, Order of Business. as amended, and report them back without recommendation, amended as follows: Report of Standing Committees

HOUSE AMENDMENT TO H.B. NO. 231 March 29, 2011 Mr. Speaker: AMENDMENT TO SECTION 1 We, your COMMITTEE ON JUDICIARY, RULES, AND On page 2 of the printed bill, delete lines 30 through 41, and ADMINISTRATION, report that we have printed H 319, H 320, insert: H 321, H 322, H 323, H 324, H 325, and H 326. "5. Hunt with Aid of Aircraft. Make use of any aircraft WILLS, Chairman to locate any big game animal for the purpose of hunting those animals during the same calendar day those animals were located H 319 and H 320 were referred to the State Affairs from the air. Provided however, that nothing in this chapter Committee. shall limit or prohibit the lawful control of wolves or predatory H 321 and H 322 were referred to the Revenue and Taxation or unprotected wildlife through the use of aircraft when such Committee. measures are deemed necessary by federal or state agencies in accordance with existing laws or management plans.". H 323, H 324, H 325, and H 326 were filed for second reading. CORRECTION TO TITLE On page 1, delete lines 3 through 8, and insert: "THE USE There being no objection, the House advanced to the Eighth OF AIRCRAFT TO LOCATE ANY BIG GAME ANIMAL Order of Business. [March 29, 2011 HOUSE JOURNAL 259

Introduction, First Reading, and Reference Third Reading of Bills and Joint Resolutions of Bills and Joint Resolutions Mr. Moyle moved that the House recess until HOUSE BILL NO. 327 1:15 p.m. Seconded by Mr. Rusche. Motion carried. BY WAYS AND MEANS COMMITTEE Whereupon the Speaker declared the House at recess until AN ACT 1:15 p.m. RELATING TO EXEMPTIONS FROM PROPERTY RECESS TAXATION; AMENDING SECTION 63-602D, IDAHO CODE, Afternoon Session TO REVISE THE DEFINITION OF "HOSPITAL" AND TO PROVIDE WHEN HOSPITALS AND REFUGE HOMES ARE The House reconvened at 1:15 a.m., the Speaker in the Chair. EXEMPT FROM PROPERTY TAXATION; DECLARING AN EMERGENCY AND PROVIDING RETROACTIVE Prior to recess, the House was at the Eleventh Order of APPLICATION. Business. There being no objection, the House returned to the Fourth HOUSE BILL NO. 328 Order of Business. BY WAYS AND MEANS COMMITTEE AN ACT Consideration of Messages from the RELATING TO PUBLIC RECORDS; AMENDING Governor and the Senate SECTION 9-337, IDAHO CODE, TO DEFINE A TERM AND TO REVISE A DEFINITION; AMENDING SECTION 9-338, H 147, as amended in the Senate, was previously held at the IDAHO CODE, TO PROVIDE THAT PUBLIC AGENCIES Desk, March 25, 2011. AND INDEPENDENT PUBLIC BODIES CORPORATE Mr. Wills asked unanimous consent that the House concur AND POLITIC MAY IMPOSE CERTAIN REQUIREMENTS in the Senate amendments to H 147, as amended in the Senate. RELATING TO REQUESTS FOR PUBLIC RECORDS, TO There being no objection, it was so ordered. PROVIDE THAT REQUESTS FOR PUBLIC RECORDS AND DELIVERY OF PUBLIC RECORDS MAY BE MADE BY H 147, as amended in the Senate, was referred to the ELECTRONIC MAIL, TO REVISE PROVISIONS RELATING Judiciary, Rules, and Administration Committee for engrossing. TO INQUIRIES BY CUSTODIANS IN CONNECTION WITH REQUESTS FOR PUBLIC RECORDS, TO PROVIDE THAT PUBLIC AGENCIES OR INDEPENDENT PUBLIC Report of Standing Committees BODIES CORPORATE AND POLITIC MAY PROVIDE March 29, 2011 REQUESTERS WITH CERTAIN INFORMATION, TO Mr. Speaker: REMOVE REFERENCE TO CERTAIN DISCRETIONARY We, your COMMITTEE ON EDUCATION, report that we REQUIREMENTS ASSOCIATED WITH REQUESTS FOR have had under consideration S 1184 and recommend that it do PUBLIC RECORDS, TO REVISE FEE PROVISIONS pass. ASSOCIATED WITH REQUESTS FOR PUBLIC RECORDS, NONINI, Chairman TO REMOVE PROVISIONS RELATING TO ADVANCE PAYMENT OF COSTS OF COPYING, THE CREDITING S 1184 was filed for second reading. OF MONEYS RECEIVED TO CERTAIN ACCOUNTS AND THE EXPENDITURE OF SUCH FUNDS BY AN There being no objection, the House advanced to the AGENCY, TO PROVIDE FOR THE PAY RATE OF FEES, Eleventh Order of Business. TO PROVIDE THAT UNDER CERTAIN CIRCUMSTANCES Third Reading of Bills and Joint Resolutions THERE SHALL BE NO COST OR FEE CHARGED FOR EXAMINATION OR COPYING OF PUBLIC RECORDS, H 304 was read the third time at length, section by section, TO PROVIDE THAT STATEMENTS OF FEES SHALL and placed before the House for final consideration. BE ITEMIZED, TO PROHIBIT LUMP SUM COSTS, TO PROVIDE FOR THE AGGREGATION OF RELATED At this time, the Speaker recognized Mr. Eskridge to open REQUESTS UNDER CERTAIN CIRCUMSTANCES, TO debate. PROVIDE FOR ADVANCE PAYMENT OF FEES, TO The question being, "Shall H 304 pass?" PROVIDE FOR THE CREDITING OF MONEYS RECEIVED TO CERTAIN ACCOUNTS AND TO PROVIDE FOR THE Roll call resulted as follows: EXPENDITURE OF SUCH FUNDS BY AN AGENCY, TO AYES – Anderson, Andrus, Barbieri, Barrett, Bateman, PROVIDE FOR THE RETURN OF EXCESS ADVANCE Bayer, Bedke, Bell, Bilbao, Black, Block, Bolz, Boyle, Burgoyne, PAYMENTS UNDER CERTAIN CIRCUMSTANCES AND TO Chadderdon(Chadderdon), Chew, Collins, Cronin, DeMordaunt, REMOVE A PROVISION AUTHORIZING THAT REQUESTS Ellsworth, Eskridge, Gibbs(Wheeler), Guthrie, Hagedorn, Hart, FOR PUBLIC RECORDS AND DELIVERY OF PUBLIC Hartgen, Harwood, Henderson, Higgins, Jaquet, Killen, King, RECORDS MAY BE CONDUCTED BY ELECTRONIC MAIL; Lacey, Lake, Loertscher, Luker, Marriott, McGeachin, McMillan, DECLARING AN EMERGENCY AND PROVIDING FOR Moyle, Nesset, Nielsen, Nonini, Palmer, Patrick, Pence, Perry, APPLICABILITY. Raybould, Ringo, Roberts, Rusche, Shepherd, Shirley, Simpson, Sims, Smith(30), Smith(24), Stevenson, Takasugi(Batt), Thayn, H 327 and H 328 were introduced, read the first time by Thompson, Trail, Vander Woude, Wills, Wood(27), Wood(35), title, and referred to the Judiciary, Rules, and Administration Mr. Speaker. Total – 67. Committee for printing. NAYS – None. Absent and excused – Buckner-Webb, Crane, Schaefer. There being no objection, the House advanced to the Total – 3. Eleventh Order of Business. Total – 70. 260 HOUSE JOURNAL March 29, 2011]

Whereupon the Speaker declared that H 304 passed the Chew, Collins, Cronin, DeMordaunt, Ellsworth, Eskridge, House. Title was approved and the bill ordered transmitted to Gibbs(Wheeler), Guthrie, Hagedorn, Hart, Hartgen, Harwood, the Senate. Henderson, Higgins, Jaquet, Killen, King, Lacey, Loertscher, Luker, Marriott, McGeachin, McMillan, Moyle, Nesset, Nielsen, H 305 was read the third time at length, section by section, Nonini, Palmer, Patrick, Pence, Perry, Raybould, Ringo, and placed before the House for final consideration. Roberts, Rusche, Shepherd, Shirley, Simpson, Sims, Smith(30), At this time, the Speaker recognized Mr. Bolz to open debate. Smith(24), Stevenson, Takasugi(Batt), Thayn, Thompson, Trail, Vander Woude, Wills, Wood(27), Wood(35), Mr. Speaker. The question being, "Shall H 305 pass?" Total – 67. NAYS – None. Roll call resulted as follows: Absent and excused – Crane, Lake, Schaefer. Total – 3. AYES – Anderson, Andrus, Barbieri, Barrett, Bateman, Total – 70. Bayer, Bedke, Bell, Bilbao, Black, Block, Bolz, Boyle, Burgoyne, Chadderdon(Chadderdon), Chew, Collins, Cronin, DeMordaunt, Whereupon the Speaker declared that H 264 passed the Ellsworth, Eskridge, Gibbs(Wheeler), Guthrie, Hagedorn, Hart, House. Title was approved and the bill ordered transmitted to Hartgen, Harwood, Henderson, Higgins, Jaquet, Killen, King, the Senate. Lacey, Lake, Loertscher, Luker, Marriott, McGeachin, McMillan, H 141, as amended, was read the third time at length, section Moyle, Nesset, Nielsen, Nonini, Palmer, Patrick, Pence, Perry, by section, and placed before the House for final consideration. Raybould, Ringo, Roberts, Rusche, Shepherd, Shirley, Simpson, Sims, Smith(30), Smith(24), Stevenson, Takasugi(Batt), Thayn, At this time, the Speaker recognized Mr. Hagedorn to open Thompson, Trail, Vander Woude, Wills, Wood(27), Wood(35), debate. Mr. Speaker. Total – 67. NAYS – None. The question being, "Shall H 141, as amended, pass?" Absent and excused – Buckner-Webb, Crane, Schaefer. Total – 3. Roll call resulted as follows: Total – 70. AYES – Andrus, Bateman, Bell, Black, Burgoyne, Chew, DeMordaunt, Eskridge, Hagedorn, Hart, Henderson, King, Whereupon the Speaker declared that H 305 passed the Lacey, Nesset, Ringo, Smith(24), Stevenson, Thompson, Trail, House. Title was approved and the bill ordered transmitted to Wills, Wood(27). Total – 21. the Senate. NAYS – Anderson, Barbieri, Barrett, Bayer, Bedke, Bilbao, H 306 was read the third time at length, section by section, Block, Bolz, Boyle, Buckner-Webb, Chadderdon(Chadderdon), and placed before the House for final consideration. Collins, Crane, Cronin, Ellsworth, Gibbs(Wheeler), Guthrie, Hartgen, Harwood, Higgins, Jaquet, Killen, Loertscher, Luker, At this time, the Speaker recognized Mr. Bolz to open debate. Marriott, McGeachin, McMillan, Moyle, Nielsen, Nonini, Palmer, Patrick, Pence, Perry, Raybould, Roberts, Rusche, The question being, "Shall H 306 pass?" Schaefer, Shepherd, Shirley, Simpson, Sims, Smith(30), Takasugi(Batt), Thayn, Vander Woude, Wood(35), Mr. Speaker. Roll call resulted as follows: Total – 48. AYES – Anderson, Andrus, Bateman, Bayer, Bedke, Bell, Absent and excused – Lake. Total – 1. Bilbao, Black, Block, Bolz, Boyle, Buckner-Webb, Burgoyne, Paired Votes: Chadderdon(Chadderdon), Chew, Collins, Cronin, DeMordaunt, AYE – Lacey NAY – Schaefer Ellsworth, Eskridge, Gibbs(Wheeler), Guthrie, Hagedorn, Hart, Hartgen, Henderson, Higgins, Jaquet, Killen, King, Lacey, AYE – Chew NAY – Roberts Luker, Marriott, McGeachin, Moyle, Nesset, Nonini, Palmer, (Pairs enumerated in roll call above.) Patrick, Pence, Perry, Raybould, Ringo, Roberts, Rusche, Total – 70. Shepherd, Shirley, Simpson, Smith(30), Smith(24), Stevenson, Whereupon the Speaker declared that H 141, as Takasugi(Batt), Thayn, Thompson, Trail, Vander Woude, Wills, amended, failed to pass the House and ordered the bill filed in Wood(27), Mr. Speaker. Total – 59. the office of the Chief Clerk. NAYS – Barbieri, Barrett, Harwood, Loertscher, McMillan, Nielsen, Sims, Wood(35). Total – 8. H 275, as amended, was read the third time at length, section Absent and excused – Crane, Lake, Schaefer. Total – 3. by section, and placed before the House for final consideration. Total – 70. At this time, the Speaker recognized Ms. Buckner-Webb to Whereupon the Speaker declared that H 306 passed the open debate. House. Title was approved and the bill ordered transmitted to the Senate. The question being, "Shall H 275, as amended, pass?"

H 264 was read the third time at length, section by section, Roll call resulted as follows: and placed before the House for final consideration. AYES – Anderson, Andrus, Barbieri, Barrett, Bateman, At this time, the Speaker recognized Mr. Bolz to open debate. Bayer, Bedke, Bell, Bilbao, Black, Block, Bolz, Boyle, Buckner-Webb, Burgoyne, Chadderdon(Chadderdon), The question being, "Shall H 264 pass?" Collins, Crane, Cronin, DeMordaunt, Ellsworth, Eskridge, Gibbs(Wheeler), Guthrie, Hart, Hartgen, Harwood, Henderson, Roll call resulted as follows: Higgins, Jaquet, Killen, King, Lacey, Lake, Loertscher, Luker, AYES – Anderson, Andrus, Barbieri, Barrett, Bateman, Marriott, McGeachin, McMillan, Moyle, Nesset, Nielsen, Bayer, Bedke, Bell, Bilbao, Black, Block, Bolz, Boyle, Palmer, Patrick, Pence, Perry, Raybould, Ringo, Roberts, Rusche, Buckner-Webb, Burgoyne, Chadderdon(Chadderdon), Shepherd, Shirley, Simpson, Smith(30), Smith(24), Stevenson, [March 29, 2011 HOUSE JOURNAL 261

Takasugi(Batt), Thayn, Thompson, Trail, Vander Woude, Wills, Whereupon the Speaker declared that H 91, as amended, Wood(27), Wood(35), Mr. Speaker. Total – 65. as amended, passed the House. Title was approved and the bill NAYS – Nonini, Sims. Total – 2. ordered transmitted to the Senate. Absent and excused – Chew, Hagedorn, Schaefer. Total – 3. Total – 70. Mr. Moyle asked unanimous consent that the remaining bills on the Third Reading Calendar retain their places for one Whereupon the Speaker declared that H 275, as legislative day. There being no objection, it was so ordered. amended, passed the House. Title was approved and the bill ordered transmitted to the Senate. There being no objection, the House advanced to the Sixteenth Order of Business. H 247, as amended, was read the third time at length, section by section, and placed before the House for final consideration. Adjournment At this time, the Speaker recognized Mr. Moyle to open Mr. Moyle moved that the House adjourn until 9:30 a.m., debate. Wednesday, March 30, 2011. Seconded by Mr. Rusche. Motion carried. Mr. Wheeler asked unanimous consent that, pursuant to Rule 38(3), he be excused from voting on H 247, as amended, due Whereupon the Speaker declared the House adjourned at to a conflict of interest. There being no objection, it was so 2:52 p.m. ordered. LAWERENCE DENNEY, Speaker The question being, "Shall H 247, as amended, pass?" ATTEST: BONNIE ALEXANDER, Chief Clerk Roll call resulted as follows: AYES – Anderson, Andrus, Barbieri, Bateman, Bayer, Bedke, Bell, Bilbao, Black, Block, Bolz, Boyle, Buckner-Webb, Chadderdon(Chadderdon), Collins, Crane, DeMordaunt, Eskridge, Guthrie, Hagedorn, Hart, Hartgen, Harwood, Henderson, Higgins, Jaquet, Lacey, Lake, Loertscher, McGeachin, McMillan, Moyle, Nesset, Nielsen, Nonini, Palmer, Patrick, Pence, Raybould, Roberts, Shepherd, Shirley, Smith(24), Stevenson, Takasugi(Batt), Thayn, Thompson, Trail, Vander Woude, Wills, Wood(27), Mr. Speaker. Total – 52. NAYS – Barrett, Burgoyne, Cronin, Ellsworth, Killen, King, Luker, Marriott, Perry, Ringo, Rusche, Simpson, Sims, Smith(30), Wood(35). Total – 15. Absent and excused – Chew, Gibbs(Wheeler), Schaefer. Total – 3. Total – 70. Whereupon the Speaker declared that H 247, as amended, passed the House. Title was approved and the bill ordered transmitted to the Senate. H 91, as amended, as amended, was read the third time at length, section by section, and placed before the House for final consideration. At this time, the Speaker recognized Mr. Bedke to open debate. The question being, "Shall H 91, as amended, as amended, pass?"

Roll call resulted as follows: AYES – Anderson, Andrus, Bateman, Bayer, Bedke, Bell, Bilbao, Black, Block, Bolz, Boyle, Buckner-Webb, Burgoyne, Chadderdon(Chadderdon), Collins, Crane, Cronin, DeMordaunt, Ellsworth, Eskridge, Gibbs(Wheeler), Guthrie, Hagedorn, Hart, Hartgen, Henderson, Higgins, Jaquet, Killen, King, Lacey, Lake, Loertscher, Luker, Marriott, McGeachin, McMillan, Moyle, Nesset, Nonini, Palmer, Patrick, Pence, Perry, Raybould, Ringo, Roberts, Rusche, Shepherd, Shirley, Sims, Smith(30), Smith(24), Stevenson, Takasugi(Batt), Thayn, Thompson, Trail, Vander Woude, Wills, Wood(27), Mr. Speaker. Total – 62. NAYS – Barbieri, Barrett, Harwood, Nielsen, Simpson, Wood(35). Total – 6. Absent and excused – Chew, Schaefer. Total – 2. Total – 70. 262 HOUSE JOURNAL March 30, 2011]

HOUSE JOURNAL S 1001, as amended, and S 1187 were filed for first reading. OF THE March 29, 2011 Mr. Speaker: I return herewith H 258, H 187, H 225, H 226, H 22, H 24, IDAHO LEGISLATURE H 25, H 31, H 136, H 138, H 39, H 150, as amended, H 151, H 179, H 124, H 217, H 88, H 165, H 259, H 276, H 235, H 284, FIRST REGULAR SESSION and H 285 which have passed the Senate. SIXTY-FIRST LEGISLATURE WOOD, Secretary H 258, H 187, H 225, H 226, H 22, H 24, H 25, H 31, H 136, H 138, H 39, H 150, as amended, H 151, H 179, H 124, H 217, H 88, H 165, H 259, H 276, H 235, H 284, and H 285 were EIGHTIETH LEGISLATIVE DAY referred to the Judiciary, Rules, and Administration Committee WEDNESDAY, MARCH 30, 2011 for enrolling. March 29, 2011 Mr. Speaker: House of Representatives I return herewith H 95, as amended, as amended in the The House convened at 9:30 a.m., the Speaker in the Chair. Senate, which has passed the Senate. WOOD, Secretary Roll call showed 69 members present. Absent and excused – Gibbs(Wheeler). Total – 1. H 95, as amended, as amended in the Senate, was ordered Total – 70. held at the Desk. Prayer was offered by Chaplain Tom Dougherty. Mr. Moyle asked unanimous consent that the House concur in the Senate amendments to H 95, as amended, as amended in The Pledge of Allegiance was led by Heidi Jensen, Page. the Senate. There being no objection, it was so ordered. Approval of Journal H 95, as amended, as amended in the Senate, was referred March 30, 2011 to the Judiciary, Rules, and Administration Committee for Mr. Speaker: engrossing. We, your COMMITTEE ON JUDICIARY, RULES, AND ADMINISTRATION, report that we have read and approved Report of Standing Committees the House Journal of the Seventy-ninth Legislative Day and March 30, 2011 recommend that same be adopted as corrected. Mr. Speaker: WILLS, Chairman We, your COMMITTEE ON JUDICIARY, RULES, AND Mr. Wills moved that the report be adopted. Seconded by ADMINISTRATION, report that we have printed H 327, H 328, Mr. Burgoyne. Report adopted. and House amendments to H 231, and S 1088, as amended. WILLS, Chairman Consideration of Messages from the Governor and the Senate H 327 was referred to the Revenue and Taxation Committee. March 29, 2011 H 328 was filed for second reading. Mr. Speaker: I transmit herewith enrolled S 1160, S 1161, S 1162, S 1163, March 30, 2011 and S 1067 for the signature of the Speaker. Mr. Speaker: WOOD, Secretary We, your COMMITTEE ON JUDICIARY, RULES, AND ADMINISTRATION, report that we have enrolled H 260. The Speaker announced he was about to sign enrolled S 1160, WILLS, Chairman S 1161, S 1162, S 1163, and S 1067 and, when so signed, ordered them returned to the Senate. The Speaker announced he was about to sign enrolled H 260 and, when so signed, ordered it transmitted to the Senate March 29, 2011 for the signature of the President. Mr. Speaker: I return herewith enrolled H 244, H 245, H 145, as amended, March 29, 2011 H 204, H 248, and H 249 which have been signed by the Mr. Speaker: President. We, your COMMITTEE ON JUDICIARY, RULES, AND WOOD, Secretary ADMINISTRATION, report that we have engrossed H 231, as amended, and H 147, as amended in the Senate. Enrolled H 244, H 245, H 145, as amended, H 204, WILLS, Chairman H 248, and H 249 were referred to the Judiciary, Rules, and Administration Committee for delivery to the Governor. H 231, as amended, and H 147, as amended in the Senate, were filed for first reading of engrossed bills. March 29, 2011 Mr. Speaker: March 29, 2011 I transmit herewith S 1001, as amended, and S 1187 which Mr. Speaker: have passed the Senate. We, your COMMITTEE ON JUDICIARY, RULES, WOOD, Secretary AND ADMINISTRATION, report that we have had under [March 30, 2011 HOUSE JOURNAL 263 consideration S 1154, as amended, and recommend that it do IDAHO MILLENNIUM FUND FOR FISCAL YEAR 2012; pass. AND DECLARING AN EMERGENCY. WILLS, Chairman HOUSE BILL NO. 330 S 1154, as amended, was filed for second reading. BY APPROPRIATIONS COMMITTEE AN ACT March 29, 2011 APPROPRIATING ADDITIONAL MONEYS TO THE Mr. Speaker: STATE INDEPENDENT LIVING COUNCIL FOR FISCAL We, your COMMITTEE ON RESOURCES AND YEAR 2011; APPROPRIATING MONEYS TO THE STATE CONSERVATION, report that we have had under consideration INDEPENDENT LIVING COUNCIL FOR FISCAL YEAR H 318 and recommend that it do pass. 2012; AND DECLARING AN EMERGENCY. STEVENSON, Chairman H 318 was filed for second reading. HOUSE BILL NO. 331 BY BUSINESS COMMITTEE March 29, 2011 AN ACT Mr. Speaker: RELATING TO FORECLOSURE; AMENDING SECTION We, your COMMITTEE ON JUDICIARY, RULES, 45-1506, IDAHO CODE, TO PROVIDE FOR THE MAILING AND ADMINISTRATION, report that we have had under OF CERTAIN NOTICE AND PROCEDURE RELATED consideration H 300 and report it back with amendments attached THERETO AND TO MAKE TECHNICAL CORRECTIONS; to be placed on General Orders for consideration. AMENDING CHAPTER 15, TITLE 45, IDAHO CODE, WILLS, Chairman BY THE ADDITION OF A NEW SECTION 45-1506C, IDAHO CODE, TO PROVIDE FOR SUPPLEMENTAL H 300 was placed on General Orders for consideration. NOTICE AND FOR AN OPPORTUNITY TO REQUEST A LOAN MODIFICATION; AMENDING CHAPTER 6, There being no objection, the House advanced to the Eighth TITLE 48, IDAHO CODE, BY THE ADDITION OF A NEW Order of Business. SECTION 48-603F, IDAHO CODE, TO PROVIDE FOR LOAN Introduction, First Reading, and Reference MODIFICATION FEES; AND PROVIDING AN EFFECTIVE of Bills and Joint Resolutions DATE.

House of Representatives HOUSE BILL NO. 332 State of Idaho BY EDUCATION COMMITTEE AN ACT March 28, 2011 RELATING TO EDUCATION; AMENDING SECTION 33-1252, IDAHO CODE, TO REVISE PROVISIONS The Honorable Max C. Black, Chairman RELATING TO THE PROFESSIONAL STANDARDS Business Committee COMMISSION.

Dear Representative Black: HOUSE BILL NO. 333 BY EDUCATION COMMITTEE I hereby designate the Business Committee a privileged AN ACT committee on Tuesday, March 29, 2011, for the purpose of RELATING TO SCHOOL BUILDING MAINTENANCE; introducing RS 20717 (H 331). AMENDING SECTION 33-1019, IDAHO CODE, TO REVISE A PROVISION RELATING TO THE SUBMISSION BY Sincerely, SCHOOL DISTRICTS OF CERTAIN INFORMATION /s/ Lawerence Denney TO THE STATE DEPARTMENT OF EDUCATION; AND Speaker of the House AMENDING SECTION 39-8006A, IDAHO CODE, TO The letter was ordered filed in the office of the Chief Clerk. REVISE PROVISIONS RELATING TO THE SUBMISSION BY EACH SCHOOL DISTRICT OF A CERTAIN PLAN HOUSE BILL NO. 329 TO THE DIVISION OF BUILDING SAFETY AND TO BY APPROPRIATIONS COMMITTEE REVISE PROVISIONS RELATING TO THE INFORMATION AN ACT INCLUDED IN SUCH PLAN. APPROPRIATING ADDITIONAL MONEYS FROM THE IDAHO MILLENNIUM FUND AND DIRECTING HOUSE BILL NO. 334 A TRANSFER TO THE CATASTROPHIC HEALTH BY EDUCATION COMMITTEE CARE FUND FOR FISCAL YEAR 2011; PROVIDING AN ACT LEGISLATIVE INTENT TO REVERT MONEYS TO THE RELATING TO EDUCATION; AMENDING SECTION IDAHO MILLENNIUM FUND FOR FISCAL YEAR 2011; 33-118A, IDAHO CODE, TO ELIMINATE CERTAIN APPROPRIATING MONEYS TO THE CATASTROPHIC LANGUAGE RELATING TO A COMPLETE AND HEALTH CARE FUND FROM THE GENERAL FUND CATALOGED LIBRARY OF CURRICULAR MATERIALS. AND DIRECTING A TRANSFER FOR FISCAL YEAR 2012; PROVIDING LEGISLATIVE INTENT TO REVERT MONEYS TO THE GENERAL FUND FOR FISCAL YEAR HOUSE BILL NO. 335 2012; APPROPRIATING MONEYS TO THE CATASTROPHIC BY EDUCATION COMMITTEE HEALTH CARE FUND FROM THE IDAHO MILLENNIUM AN ACT FUND AND DIRECTING A TRANSFER; PROVIDING RELATING TO EDUCATION; AMENDING SECTION LEGISLATIVE INTENT TO REVERT MONEYS TO THE 33-513, IDAHO CODE, AS AMENDED IN SECTION 1 264 HOUSE JOURNAL March 30, 2011]

OF SENATE BILL NO. 1108, AS ENACTED BY THE OF SENATE BILL NO. 1110, AS ENACTED BY THE FIRST REGULAR SESSION OF THE SIXTY-FIRST IDAHO FIRST REGULAR SESSION OF THE SIXTY-FIRST IDAHO LEGISLATURE, TO REVISE PROVISIONS RELATING TO LEGISLATURE, TO REVISE PROVISIONS RELATING TO THE EXPENDITURE OR DISTRIBUTION OF CERTAIN PAY FOR PERFORMANCE, HARD TO FILL POSITIONS MONEYS FOR CERTAIN TEACHER SALARIES AND TO AND LEADERSHIP AWARDS; AND AMENDING SECTION REVISE PROVISIONS RELATING TO THE DELEGATION 4 OF SENATE BILL NO. 1110, AS ENACTED BY THE OF CERTAIN AUTHORITY; AMENDING SECTION 33-515, FIRST REGULAR SESSION OF THE SIXTY-FIRST IDAHO IDAHO CODE, AS AMENDED IN SECTION 4 OF SENATE LEGISLATURE, TO REMOVE PROVISIONS PROVIDING BILL NO. 1108, AS ENACTED BY THE FIRST REGULAR AN EFFECTIVE DATE AND TO PROVIDE PROVISIONS SESSION OF THE SIXTY-FIRST IDAHO LEGISLATURE, DECLARING AN EMERGENCY; AND DECLARING AN TO REVISE PROVISIONS RELATING TO CERTAIN EMERGENCY. PROVISIONS IN ANY MASTER AGREEMENT OR NEGOTIATED CONTRACT AND TO REVISE PROVISIONS H 329, H 330, H 331, H 332, H 333, H 334, H 335, and RELATING TO A PERIOD OF PROBATION; AMENDING H 336 were introduced, read the first time by title, and referred to SECTION 33-515A, IDAHO CODE, AS AMENDED IN the Judiciary, Rules, and Administration Committee for printing. SECTION 5 OF SENATE BILL NO. 1108, AS ENACTED BY S 1001, as amended, by McGee, was introduced, read the THE FIRST REGULAR SESSION OF THE SIXTY-FIRST first time by title, and referred to the Transportation and Defense IDAHO LEGISLATURE, TO REVISE PROVISIONS Committee. RELATING TO CERTAIN SUPPLEMENTAL CONTRACTS; AMENDING SECTION 33-1003, IDAHO CODE, AS S 1187, by State Affairs Committee, was introduced, read the AMENDED IN SECTION 12 OF SENATE BILL NO. 1108, first time by title, and referred to the State Affairs Committee. AS ENACTED BY THE FIRST REGULAR SESSION OF S 1088, as amended, as amended in the House, by Commerce THE SIXTY-FIRST IDAHO LEGISLATURE, TO REVISE and Human Resources Committee, was introduced, read the first PROVISIONS RELATING TO THE SPECIAL APPLICATIONS time by title, and filed for second reading. OF EDUCATIONAL SUPPORT PROGRAM BY PROVIDING PROVISIONS RELATING TO A DECREASE IN AVERAGE DAILY ATTENDANCE; AMENDING SECTION 33-1272, First Reading of Engrossed Bills IDAHO CODE, AS AMENDED IN SECTION 17 OF SENATE BILL NO. 1108, AS ENACTED BY THE FIRST REGULAR H 231, as amended, by Ways and Means Committee, was SESSION OF THE SIXTY-FIRST IDAHO LEGISLATURE, introduced, read the first time by title, and filed for second TO REVISE A DEFINITION; AMENDING SECTION reading. 33-1273, IDAHO CODE, AS AMENDED IN SECTION H 147, as amended in the Senate, by Transportation and 18 OF SENATE BILL NO. 1108, AS ENACTED BY THE Defense Committee, was introduced, read the first time by title, FIRST REGULAR SESSION OF THE SIXTY-FIRST IDAHO and filed for second reading. LEGISLATURE, TO REVISE PROVISIONS RELATING TO THE SELECTION AND DESIGNATION OF THE LOCAL EDUCATION ORGANIZATION FOR CERTAIN Second Reading of Bills and Joint Resolutions EMPLOYEES; AMENDING SECTION 33-1274, IDAHO CODE, AS AMENDED IN SECTION 20 OF SENATE BILL H 317 and H 298, by Ways and Means Committee, were read NO. 1108, AS ENACTED BY THE FIRST REGULAR the second time by title and filed for third reading. SESSION OF THE SIXTY-FIRST IDAHO LEGISLATURE, TO S 1149, S 1144, S 1075, as amended, S 1133, as amended, REVISE PROVISIONS RELATING TO MEDIATION AND and S 1184, by State Affairs Committee, were read the second ESTABLISHING COMPENSATION; AMENDING SECTION time by title and filed for third reading. 33-1274A, IDAHO CODE, AS ADDED BY SECTION 21 OF SENATE BILL NO. 1108, AS ENACTED BY THE S 1137, S 1138, and S 1026, as amended, by Judiciary and FIRST REGULAR SESSION OF THE SIXTY-FIRST IDAHO Rules Committee, were read the second time by title and filed for LEGISLATURE, TO REVISE PROVISIONS RELATING TO third reading. CERTAIN PARTIES FAILING TO RATIFY AND APPROVE AN AGREEMENT; AMENDING SECTION 33-1275, IDAHO H 323, H 324, and H 325, by Appropriations Committee, CODE, AS AMENDED IN SECTION 22 OF SENATE BILL were read the second time by title and filed for third reading. NO. 1108, AS ENACTED BY THE FIRST REGULAR H 326, by State Affairs Committee, was read the second time SESSION OF THE SIXTY-FIRST IDAHO LEGISLATURE, by title and filed for third reading. TO REVISE PROVISIONS RELATING TO THE TERMS OF CERTAIN AGREEMENTS OR CONTRACTS; AMENDING There being no objection, the House advanced to the Twelfth SECTION 26 OF SENATE BILL NO. 1108, AS ENACTED Order of Business. BY THE FIRST REGULAR SESSION OF THE SIXTY-FIRST Consideration of General Orders IDAHO LEGISLATURE, TO REVISE PROVISIONS RELATING TO THE DECLARATION OF AN EMERGENCY Mr. Moyle moved that the House do now resolve itself into a AND EFFECTIVE DATES; PROVIDING SEVERABILITY; Committee of the Whole House for the consideration of General AND DECLARING AN EMERGENCY. Orders. Seconded by Mr. Rusche. Motion carried.

HOUSE BILL NO. 336 Whereupon the House resolved itself into a Committee of BY EDUCATION COMMITTEE the Whole House for the consideration of General Orders with AN ACT Mr. Bedke in the Chair. RELATING TO EDUCATION; AMENDING SECTION When the Committee of the Whole House rose, 33-1004I, IDAHO CODE, AS ADDED BY SECTION 1 the Speaker returned to the Chair and the House was in order. [March 30, 2011 HOUSE JOURNAL 265

Report of the Committee of the Whole House Roll call resulted as follows: AYES – Anderson, Andrus, Barbieri, Barrett, Bateman, March 30, 2011 Bayer, Bedke, Bell, Bilbao, Black, Block, Bolz, Burgoyne, Mr. Speaker: Chadderdon(Chadderdon), Chew, Collins, Crane, Cronin, We, your COMMITTEE OF THE WHOLE HOUSE, report DeMordaunt, Ellsworth, Eskridge, Guthrie, Hagedorn, Hart, that we have had under consideration S 1111 and S 1085 and Hartgen, Harwood, Henderson, Higgins, Jaquet, Killen, King, report them back without recommendation, amended as follows: Lacey, Lake, Loertscher, Luker, Marriott, McGeachin, McMillan, Moyle, Nesset, Nielsen, Nonini, Patrick, Pence, Perry, Raybould, HOUSE AMENDMENT TO S.B. NO. 1111 Ringo, Roberts, Rusche, Schaefer, Shepherd, Shirley, Simpson, AMENDMENT TO SECTION 1 Smith(30), Smith(24), Stevenson, Takasugi(Batt), Thayn, On page 2 of the printed bill, delete lines 3 through 6, and Thompson, Trail, Vander Woude, Wills, Wood(27), Wood(35), insert: Mr. Speaker. Total – 65. "(8) The state board of education shall promulgate rules NAYS – Boyle, Palmer, Sims. Total – 3. authorizing local boards of trustees to sell advertising space Absent and excused – Buckner-Webb, Gibbs(Wheeler). only on the exterior of school buses. Such rules shall provide Total – 2. restrictions on advertising content, such rules shall prohibit Total – 70. inappropriate advertising such as, but not limited to, the following Whereupon the Speaker declared that H 309 passed the items: political advertising, including any advertising for school House. Title was approved and the bill ordered transmitted to levies or bond elections, alcohol products, tobacco products, the Senate. sexually explicit products, pictures or illustrations, as well as any advertising related to sexually related products. Such rules shall H 310 was read the third time at length, section by section, require the safe placement of such advertising in conformance and placed before the House for final consideration. with current rules found in the Idaho department of education standards for school buses and operations, sections 7.22 through At this time, the Speaker recognized Mr. Loertscher to open 7.22.3.13. debate. (9) The revenue generated by the selling of advertising The question being, "Shall H 310 pass?" shall be used to offset directly related expenses and the net revenue shall be used by the local board of trustees for appropriate Roll call resulted as follows: educational purposes.". AYES – Anderson, Andrus, Barbieri, Barrett, Bateman, CORRECTION TO TITLE Bayer, Bedke, Bell, Bilbao, Black, Block, Bolz, Boyle, Burgoyne, On page 1, in line 3, following "RULES" insert: ", TO Chadderdon(Chadderdon), Chew, Collins, Crane, Cronin, PROVIDE FOR THE USE OF CERTAIN REVENUE". DeMordaunt, Ellsworth, Eskridge, Guthrie, Hagedorn, Hart, Hartgen, Harwood, Henderson, Higgins, Jaquet, Killen, King, HOUSE AMENDMENT TO S.B. NO. 1085 Lacey, Loertscher, Luker, Marriott, McGeachin, McMillan, Moyle, Nesset, Nielsen, Nonini, Palmer, Patrick, Pence, AMENDMENT TO SECTION 1 Perry, Raybould, Ringo, Roberts, Rusche, Schaefer, Shepherd, On page 2 of the printed bill, in line 2, delete "no more than" Shirley, Simpson, Sims, Smith(30), Smith(24), Stevenson, and insert: "at least"; and in line 4, delete "not more than". Takasugi(Batt), Thayn, Thompson, Trail, Vander Woude, Wills, Wood(27), Wood(35), Mr. Speaker. Total – 67. We have also had under consideration S 1053, as amended, NAYS – None. H 274, and H 300, report progress and beg leave to sit again. Absent and excused – Buckner-Webb, Gibbs(Wheeler), BEDKE, Chairman Lake. Total – 3. Total – 70. Mr. Bedke moved that the report be adopted. Seconded by Mr. Rusche. Whereupon the Speaker declared that H 310 passed the House. Title was approved and the bill ordered transmitted to Whereupon the Speaker declared the report adopted. the Senate. S 1111, as amended in the House, and S 1085, as amended H 299 was read the third time at length, section by section, in the House, were filed for first reading. and placed before the House for final consideration. S 1053, as amended, H 274, and H 300 were retained on At this time, the Speaker recognized Mr. Crane to open General Orders. debate. The amendments were referred to Judiciary, Rules, and The question being, "Shall H 299 pass?" Administration committee for printing. There being no objection, the House returned to the Eleventh Roll call resulted as follows: Order of Business. AYES – Anderson, Andrus, Barbieri, Barrett, Bedke, Bell, Bilbao, Black, Block, Bolz, Boyle, Buckner-Webb, Burgoyne, Third Reading of Bills and Joint Resolutions Chadderdon(Chadderdon), Chew, Collins, Crane, Cronin, DeMordaunt, Eskridge, Guthrie, Hagedorn, Hart, Hartgen, H 309 was read the third time at length, section by section, Harwood, Henderson, Higgins, Killen, King, Lacey, Lake, and placed before the House for final consideration. Loertscher, Luker, Marriott, McGeachin, McMillan, Moyle, At this time, the Speaker recognized Ms. Jaquet to open Nesset, Nielsen, Nonini, Palmer, Patrick, Pence, Perry, Raybould, debate. Ringo, Roberts, Rusche, Schaefer, Shepherd, Shirley, Simpson, Sims, Smith(30), Smith(24), Stevenson, Takasugi(Batt), Thayn, The question being, "Shall H 309 pass?" Thompson, Vander Woude, Wills, Mr. Speaker. Total – 62. 266 HOUSE JOURNAL March 30, 2011]

NAYS – None. Whereupon the Speaker declared H 183, as amended in Absent and excused – Bateman, Bayer, Ellsworth, the Senate, passed the House. Title was approved and the bill Gibbs(Wheeler), Jaquet, Trail, Wood(27), Wood(35). Total – 8. referred to the Judiciary, Rules, and Administration Committee Total – 70. for enrolling. Whereupon the Speaker declared that H 299 passed the There being no objection, the House returned to the Seventh House. Title was approved and the bill ordered transmitted to Order of Business. the Senate. Motions, Memorials, and Resolutions H 140, as amended in the Senate, was read the third time at Mr. Moyle moved that all rules of the House interfering with length, section by section, and placed before the House for final the immediate consideration of H 298 be suspended; that the consideration. portions of Section 15, Article 3 of the Constitution of the State At this time, the Speaker recognized Mr. Killen to open of Idaho, requiring all bills to be read on three several days be debate. dispensed with, this being a case of urgency; and that H 298 be read the first time by title, second time by title, and third time at The question being, "Shall H 140, as amended in the length, section by section, and placed before the House for final Senate, pass?" consideration. Seconded by Mr. Bedke. The question being, "Shall the rules be suspended?" Roll call resulted as follows: AYES – Anderson, Andrus, Barbieri, Barrett, Bayer, Bedke, Roll call resulted as follows: Bell, Bilbao, Block, Bolz, Boyle, Buckner-Webb, Burgoyne, AYES – Anderson, Andrus, Barbieri, Barrett, Chew, Collins, Crane, Cronin, DeMordaunt, Ellsworth, Eskridge, Bayer, Bedke, Bell, Bilbao, Black, Block, Bolz, Boyle, Guthrie, Hagedorn, Hart, Hartgen, Henderson, Higgins, Chadderdon(Chadderdon), Collins, Crane, DeMordaunt, Jaquet, Killen, King, Lacey, Lake, Loertscher, Luker, Marriott, Ellsworth, Eskridge, Guthrie, Hagedorn, Hart, Hartgen, McGeachin, McMillan, Moyle, Nesset, Nielsen, Palmer, Harwood, Henderson, Jaquet, Lake, Loertscher, Luker, Marriott, Pence, Perry, Raybould, Ringo, Roberts, Rusche, Schaefer, McGeachin, McMillan, Moyle, Nesset, Nielsen, Nonini, Palmer, Shepherd, Shirley, Simpson, Smith(30), Smith(24), Stevenson, Patrick, Pence, Perry, Raybould, Roberts, Schaefer, Shepherd, Takasugi(Batt), Trail, Vander Woude, Wills, Wood(27), Shirley, Simpson, Sims, Stevenson, Takasugi(Batt), Thayn, Wood(35), Mr. Speaker. Total – 60. Thompson, Trail, Vander Woude, Wills, Wood(27), Wood(35), NAYS – Chadderdon(Chadderdon), Harwood, Nonini, Mr. Speaker. Total – 56. Patrick, Sims, Thayn, Thompson. Total – 7. NAYS – Buckner-Webb, Burgoyne, Chew, Cronin, Higgins, Absent and excused – Bateman, Black, Gibbs(Wheeler). Killen, King, Lacey, Ringo, Rusche, Smith(30), Smith(24). Total – 3. Total – 12. Total – 70. Absent and excused – Bateman, Gibbs(Wheeler). Total – 2. Whereupon the Speaker declared H 140, as amended in Total – 70. the Senate, passed the House. Title was approved and the bill Whereupon the Speaker declared that more than two-thirds referred to the Judiciary, Rules, and Administration Committee of the membership having voted in the affirmative, the motion for enrolling. carried, the rules were suspended, and H 298 was read the first time by title, second time by title, and third time at length, section H 183, as amended in the Senate, was read the third time at by section, and placed before the House for final consideration. length, section by section, and placed before the House for final consideration. At this time, the Speaker recognized Mr. Barbieri to open debate. At this time, the Speaker recognized Mr. Bilbao to open debate. The question being, "Shall H 298 pass?"

The question being, "Shall H 183, as amended in the Roll call resulted as follows: Senate, pass?" AYES – Anderson, Andrus, Barbieri, Barrett, Bayer, Bedke, Bell, Bilbao, Black, Block, Bolz, Boyle, Roll call resulted as follows: Chadderdon(Chadderdon), Collins, Crane, DeMordaunt, AYES – Anderson, Andrus, Barbieri, Barrett, Bayer, Ellsworth, Eskridge, Guthrie, Hagedorn, Hart, Hartgen, Bedke, Bell, Bilbao, Black, Block, Bolz, Boyle, Buckner-Webb, Harwood, Henderson, Loertscher, Luker, Marriott, McGeachin, Burgoyne, Chadderdon(Chadderdon), Chew, Collins, Crane, McMillan, Moyle, Nielsen, Nonini, Palmer, Patrick, Perry, Cronin, DeMordaunt, Ellsworth, Eskridge, Guthrie, Hagedorn, Raybould, Roberts, Schaefer, Shepherd, Shirley, Simpson, Sims, Hart, Hartgen, Harwood, Henderson, Higgins, Jaquet, Stevenson, Takasugi(Batt), Thayn, Thompson, Vander Woude, Killen, King, Lacey, Lake, Loertscher, Luker, Marriott, Wills, Wood(35), Mr. Speaker. Total – 50. McGeachin, McMillan, Moyle, Nesset, Nielsen, Nonini, NAYS – Buckner-Webb, Burgoyne, Chew, Cronin, Higgins, Palmer, Patrick, Pence, Perry, Raybould, Ringo, Roberts, Jaquet, Killen, King, Lacey, Nesset, Pence, Ringo, Rusche, Rusche, Schaefer, Shepherd, Shirley, Simpson, Sims, Smith(30), Smith(30), Smith(24), Trail, Wood(27). Total – 17. Smith(24), Stevenson, Takasugi(Batt), Thayn, Thompson, Trail, Absent and excused – Bateman, Gibbs(Wheeler), Lake. Vander Woude, Wills, Wood(27), Wood(35), Mr. Speaker. Total – 3. Total – 68. Total – 70. NAYS – None. Absent and excused – Bateman, Gibbs(Wheeler). Total – 2. Whereupon the Speaker declared that H 298 passed the Total – 70. House. Title was approved and the bill ordered transmitted to the Senate. [March 30, 2011 HOUSE JOURNAL 267

Mr. Moyle moved that all rules of the House interfering with Roll call resulted as follows: the immediate consideration of H 323 be suspended; that the AYES – Anderson, Andrus, Barbieri, Barrett, portions of Section 15, Article 3 of the Constitution of the State Bayer, Bedke, Bell, Bilbao, Black, Block, Bolz, Boyle, of Idaho, requiring all bills to be read on three several days be Chadderdon(Chadderdon), Collins, Crane, DeMordaunt, dispensed with, this being a case of urgency; and that H 323 be Ellsworth, Eskridge, Guthrie, Hagedorn, Hart, Hartgen, read the first time by title, second time by title, and third time at Harwood, Henderson, Jaquet, Lake, Loertscher, Luker, Marriott, length, section by section, and placed before the House for final McGeachin, McMillan, Moyle, Nesset, Nielsen, Nonini, Palmer, consideration. Seconded by Mr. Bedke. Patrick, Pence, Perry, Raybould, Roberts, Schaefer, Shepherd, Shirley, Simpson, Sims, Stevenson, Takasugi(Batt), Thayn, The question being, "Shall the rules be suspended?" Thompson, Trail, Vander Woude, Wills, Wood(27), Wood(35), Mr. Speaker. Total – 56. Roll call resulted as follows: NAYS – Buckner-Webb, Burgoyne, Chew, Cronin, Higgins, AYES – Anderson, Andrus, Barbieri, Barrett, Killen, King, Lacey, Ringo, Rusche, Smith(30), Smith(24). Bayer, Bedke, Bell, Bilbao, Black, Block, Bolz, Boyle, Total – 12. Chadderdon(Chadderdon), Collins, Crane, DeMordaunt, Absent and excused – Bateman, Gibbs(Wheeler). Total – 2. Ellsworth, Eskridge, Guthrie, Hagedorn, Hart, Hartgen, Total – 70. Harwood, Henderson, Jaquet, Lake, Loertscher, Luker, Marriott, McGeachin, McMillan, Moyle, Nesset, Nielsen, Nonini, Palmer, Whereupon the Speaker declared that more than two-thirds Patrick, Pence, Perry, Raybould, Roberts, Schaefer, Shepherd, of the membership having voted in the affirmative, the motion Shirley, Simpson, Sims, Stevenson, Takasugi(Batt), Thayn, carried, the rules were suspended, and H 324 was read the first Thompson, Trail, Vander Woude, Wills, Wood(27), Wood(35), time by title, second time by title, and third time at length, section Mr. Speaker. Total – 56. by section, and placed before the House for final consideration. NAYS – Buckner-Webb, Burgoyne, Chew, Cronin, Higgins, Killen, King, Lacey, Ringo, Rusche, Smith(30), Smith(24). At this time, the Speaker recognized Mr. Wood(27) to open Total – 12. debate. Absent and excused – Bateman, Gibbs(Wheeler). Total – 2. Total – 70. The question being, "Shall H 324 pass?" Whereupon the Speaker declared that more than two-thirds Roll call resulted as follows: of the membership having voted in the affirmative, the motion AYES – Anderson, Andrus, Barbieri, Barrett, carried, the rules were suspended, and H 323 was read the first Bayer, Bedke, Bell, Bilbao, Black, Block, Bolz, Boyle, time by title, second time by title, and third time at length, section Chadderdon(Chadderdon), Collins, Crane, DeMordaunt, by section, and placed before the House for final consideration. Ellsworth, Eskridge, Guthrie, Hagedorn, Hart, Hartgen, Henderson, Lake, Loertscher, Luker, Marriott, McGeachin, At this time, the Speaker recognized Mr. Bolz to open debate. McMillan, Moyle, Nesset, Nielsen, Nonini, Palmer, Patrick, The question being, "Shall H 323 pass?" Perry, Raybould, Roberts, Schaefer, Shepherd, Shirley, Simpson, Sims, Smith(24), Stevenson, Takasugi(Batt), Thayn, Thompson, Roll call resulted as follows: Vander Woude, Wills, Wood(27), Wood(35), Mr. Speaker. AYES – Anderson, Andrus, Barbieri, Barrett, Bayer, Total – 53. Bedke, Bell, Bilbao, Black, Block, Bolz, Boyle, Buckner-Webb, NAYS – Buckner-Webb, Burgoyne, Chew, Cronin, Harwood, Burgoyne, Chadderdon(Chadderdon), Chew, Collins, Crane, Higgins, Jaquet, Killen, King, Lacey, Pence, Ringo, Rusche, Cronin, DeMordaunt, Ellsworth, Eskridge, Guthrie, Hagedorn, Smith(30), Trail. Total – 15. Hart, Hartgen, Harwood, Henderson, Higgins, Jaquet, Killen, Absent and excused – Bateman, Gibbs(Wheeler). Total – 2. King, Lacey, Loertscher, Luker, Marriott, McGeachin, McMillan, Total – 70. Moyle, Nesset, Nielsen, Nonini, Palmer, Patrick, Pence, Whereupon the Speaker declared that H 324 passed the Perry, Raybould, Ringo, Roberts, Rusche, Schaefer, Shepherd, House. Title was approved and the bill ordered transmitted to Shirley, Simpson, Sims, Smith(30), Smith(24), Stevenson, the Senate. Takasugi(Batt), Thayn, Thompson, Trail, Vander Woude, Wills, Wood(27), Wood(35), Mr. Speaker. Total – 67. Mr. Moyle moved that all rules of the House interfering with NAYS – None. the immediate consideration of H 325 be suspended; that the Absent and excused – Bateman, Gibbs(Wheeler), Lake. portions of Section 15, Article 3 of the Constitution of the State Total – 3. of Idaho, requiring all bills to be read on three several days be Total – 70. dispensed with, this being a case of urgency; and that H 325 be read the first time by title, second time by title, and third time at Whereupon the Speaker declared that H 323 passed the length, section by section, and placed before the House for final House. Title was approved and the bill ordered transmitted to consideration. Seconded by Mr. Bedke. the Senate. Mr. Moyle moved that all rules of the House interfering with The question being, "Shall the rules be suspended?" the immediate consideration of H 324 be suspended; that the portions of Section 15, Article 3 of the Constitution of the State Roll call resulted as follows: of Idaho, requiring all bills to be read on three several days be AYES – Anderson, Andrus, Barbieri, Barrett, dispensed with, this being a case of urgency; and that H 324 be Bayer, Bedke, Bell, Bilbao, Black, Block, Bolz, Boyle, read the first time by title, second time by title, and third time at Chadderdon(Chadderdon), Collins, Crane, DeMordaunt, length, section by section, and placed before the House for final Ellsworth, Eskridge, Guthrie, Hagedorn, Hart, Hartgen, consideration. Seconded by Mr. Bedke. Harwood, Henderson, Jaquet, Lake, Loertscher, Luker, Marriott, McGeachin, McMillan, Moyle, Nesset, Nielsen, Nonini, Palmer, The question being, "Shall the rules be suspended?" Patrick, Pence, Perry, Raybould, Roberts, Schaefer, Shepherd, 268 HOUSE JOURNAL March 30, 2011]

Shirley, Simpson, Sims, Stevenson, Takasugi(Batt), Thayn, Whereupon the Speaker declared that more than two-thirds Thompson, Trail, Vander Woude, Wills, Wood(27), Wood(35), of the membership having voted in the affirmative, the motion Mr. Speaker. Total – 56. carried, the rules were suspended, and H 326 was read the first NAYS – Buckner-Webb, Burgoyne, Chew, Cronin, Higgins, time by title, second time by title, and third time at length, section Killen, King, Lacey, Ringo, Rusche, Smith(30), Smith(24). by section, and placed before the House for final consideration. Total – 12. Absent and excused – Bateman, Gibbs(Wheeler). Total – 2. At this time, the Speaker recognized Mr. Crane and Ms. Batt Total – 70. to open debate. Whereupon the Speaker declared that more than two-thirds The question being, "Shall H 326 pass?" of the membership having voted in the affirmative, the motion carried, the rules were suspended, and H 325 was read the first Roll call resulted as follows: time by title, second time by title, and third time at length, section AYES – Anderson, Andrus, Barbieri, Barrett, by section, and placed before the House for final consideration. Bayer, Bedke, Bell, Bilbao, Black, Block, Bolz, Boyle, Chadderdon(Chadderdon), Collins, Crane, Cronin, DeMordaunt, At this time, the Speaker recognized Mr. Patrick to open Ellsworth, Eskridge, Guthrie, Hagedorn, Hart, Hartgen, debate. Harwood, Henderson, Killen, Loertscher, Luker, Marriott, McGeachin, McMillan, Moyle, Nesset, Nielsen, Nonini, Palmer, The question being, "Shall H 325 pass?" Patrick, Perry, Raybould, Roberts, Rusche, Schaefer, Shepherd, Shirley, Simpson, Sims, Smith(24), Stevenson, Takasugi(Batt), Roll call resulted as follows: Thayn, Thompson, Trail, Vander Woude, Wills, Wood(27), AYES – Anderson, Andrus, Barbieri, Barrett, Bayer, Wood(35), Mr. Speaker. Total – 57. Bedke, Bell, Bilbao, Black, Block, Bolz, Boyle, Buckner-Webb, NAYS – Buckner-Webb, Burgoyne, Chew, Higgins, Jaquet, Burgoyne, Chadderdon(Chadderdon), Chew, Collins, Crane, King, Lacey, Pence, Ringo, Smith(30). Total – 10. Cronin, DeMordaunt, Ellsworth, Eskridge, Guthrie, Hagedorn, Absent and excused – Bateman, Gibbs(Wheeler), Lake. Hart, Hartgen, Harwood, Henderson, Higgins, Jaquet, Killen, Total – 3. King, Lacey, Lake, Loertscher, Luker, Marriott, McGeachin, Total – 70. McMillan, Moyle, Nesset, Nielsen, Nonini, Palmer, Patrick, Pence, Perry, Raybould, Ringo, Roberts, Rusche, Schaefer, Whereupon the Speaker declared that H 326 passed the Shepherd, Shirley, Simpson, Sims, Smith(30), Stevenson, House. Title was approved and the bill ordered transmitted to Takasugi(Batt), Thayn, Thompson, Trail, Vander Woude, Wills, the Senate. Wood(27), Wood(35), Mr. Speaker. Total – 67. Mr. Moyle moved that all rules of the House interfering with NAYS – None. the immediate consideration of H 328 be suspended; that the Absent and excused – Bateman, Gibbs(Wheeler), Smith(24). portions of Section 15, Article 3 of the Constitution of the State Total – 3. of Idaho, requiring all bills to be read on three several days be Total – 70. dispensed with, this being a case of urgency; and that H 328 be Whereupon the Speaker declared that H 325 passed the read the first time by title, second time by title, and third time at House. Title was approved and the bill ordered transmitted to length, section by section, and placed before the House for final the Senate. consideration. Seconded by Mr. Bedke. Mr. Moyle moved that all rules of the House interfering with The question being, "Shall the rules be suspended?" the immediate consideration of H 326 be suspended; that the portions of Section 15, Article 3 of the Constitution of the State Roll call resulted as follows: of Idaho, requiring all bills to be read on three several days be AYES – Anderson, Andrus, Barbieri, Barrett, dispensed with, this being a case of urgency; and that H 326 be Bayer, Bedke, Bell, Bilbao, Black, Block, Bolz, Boyle, read the first time by title, second time by title, and third time at Chadderdon(Chadderdon), Collins, Crane, DeMordaunt, length, section by section, and placed before the House for final Ellsworth, Eskridge, Guthrie, Hagedorn, Hart, Hartgen, consideration. Seconded by Mr. Bedke. Harwood, Henderson, Jaquet, Lake, Loertscher, Luker, Marriott, McGeachin, McMillan, Moyle, Nesset, Nielsen, Nonini, Palmer, The question being, "Shall the rules be suspended?" Patrick, Pence, Perry, Raybould, Roberts, Schaefer, Shepherd, Shirley, Simpson, Sims, Stevenson, Takasugi(Batt), Thayn, Roll call resulted as follows: Thompson, Trail, Vander Woude, Wills, Wood(27), Wood(35), AYES – Anderson, Andrus, Barbieri, Barrett, Mr. Speaker. Total – 56. Bayer, Bedke, Bell, Bilbao, Black, Block, Bolz, Boyle, NAYS – Buckner-Webb, Burgoyne, Chew, Cronin, Higgins, Chadderdon(Chadderdon), Collins, Crane, DeMordaunt, Killen, King, Lacey, Ringo, Rusche, Smith(30), Smith(24). Ellsworth, Eskridge, Guthrie, Hagedorn, Hart, Hartgen, Total – 12. Harwood, Henderson, Jaquet, Lake, Loertscher, Luker, Marriott, Absent and excused – Bateman, Gibbs(Wheeler). Total – 2. McGeachin, McMillan, Moyle, Nesset, Nielsen, Nonini, Palmer, Total – 70. Patrick, Pence, Perry, Raybould, Roberts, Schaefer, Shepherd, Shirley, Simpson, Sims, Stevenson, Takasugi(Batt), Thayn, Whereupon the Speaker declared that more than two-thirds Thompson, Trail, Vander Woude, Wills, Wood(27), Wood(35), of the membership having voted in the affirmative, the motion Mr. Speaker. Total – 56. carried, the rules were suspended, and H 328 was read the first NAYS – Buckner-Webb, Burgoyne, Chew, Cronin, Higgins, time by title, second time by title, and third time at length, section Killen, King, Lacey, Ringo, Rusche, Smith(30), Smith(24). by section, and placed before the House for final consideration. Total – 12. At this time, the Speaker recognized Ms. Batt to open debate. Absent and excused – Bateman, Gibbs(Wheeler). Total – 2. Total – 70. The question being, "Shall H 328 pass?" [March 30, 2011 HOUSE JOURNAL 269

Roll call resulted as follows: Moyle, Nesset, Nielsen, Nonini, Palmer, Patrick, Pence, Perry, AYES – Anderson, Andrus, Barbieri, Barrett, Bayer, Raybould, Ringo, Roberts, Rusche, Schaefer, Shepherd, Shirley, Bedke, Bell, Bilbao, Black, Bolz, Boyle, Buckner-Webb, Simpson, Sims, Smith(30), Stevenson, Takasugi(Batt), Thayn, Burgoyne, Chadderdon(Chadderdon), Chew, Collins, Crane, Thompson, Trail, Vander Woude, Wills, Wood(35), Mr. Speaker. Cronin, DeMordaunt, Ellsworth, Eskridge, Guthrie, Hagedorn, Total – 64. Hart, Hartgen, Harwood, Henderson, Higgins, Jaquet, Killen, NAYS – None. King, Lacey, Lake, Loertscher, Luker, Marriott, McGeachin, Absent and excused – Bateman, Block, Cronin, McMillan, Moyle, Nesset, Nielsen, Nonini, Palmer, Patrick, Gibbs(Wheeler), Smith(24), Wood(27). Total – 6. Pence, Perry, Raybould, Ringo, Roberts, Rusche, Schaefer, Total – 70. Shepherd, Shirley, Simpson, Sims, Smith(30), Smith(24), Stevenson, Takasugi(Batt), Thayn, Thompson, Trail, Vander Whereupon the Speaker declared that H 231, as Woude, Wills, Wood(27), Wood(35), Mr. Speaker. Total – 67. amended, passed the House. Title was approved and the bill NAYS – None. ordered transmitted to the Senate. Absent and excused – Bateman, Block, Gibbs(Wheeler). Mr. Moyle moved that all rules of the House interfering Total – 3. with the immediate consideration of H 147, as amended in the Total – 70. Senate, be suspended; that the portions of Section 15, Article 3 Whereupon the Speaker declared that H 328 passed the of the Constitution of the State of Idaho, requiring all bills to House. Title was approved and the bill ordered transmitted to be read on three several days be dispensed with, this being a the Senate. case of urgency; and that H 147, as amended in the Senate, be read the first time by title, second time by title, and third time at Mr. Moyle moved that all rules of the House interfering with length, section by section, and placed before the House for final the immediate consideration of H 231, as amended, be suspended; consideration. Seconded by Mr. Bedke. 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 The question being, "Shall the rules be suspended?" be dispensed with, this being a case of urgency; and that H 231, as amended, be read the first time by title, second time by title, Roll call resulted as follows: and third time at length, section by section, and placed before the AYES – Anderson, Andrus, Barbieri, Barrett, House for final consideration. Seconded by Mr. Bedke. Bayer, Bedke, Bell, Bilbao, Black, Block, Bolz, Boyle, Chadderdon(Chadderdon), Collins, Crane, DeMordaunt, The question being, "Shall the rules be suspended?" Ellsworth, Eskridge, Guthrie, Hagedorn, Hart, Hartgen, Harwood, Henderson, Jaquet, Lake, Loertscher, Luker, Marriott, Roll call resulted as follows: McGeachin, McMillan, Moyle, Nesset, Nielsen, Nonini, Palmer, AYES – Anderson, Andrus, Barbieri, Barrett, Patrick, Pence, Perry, Raybould, Roberts, Schaefer, Shepherd, Bayer, Bedke, Bell, Bilbao, Black, Block, Bolz, Boyle, Shirley, Simpson, Sims, Stevenson, Takasugi(Batt), Thayn, Chadderdon(Chadderdon), Collins, Crane, DeMordaunt, Thompson, Trail, Vander Woude, Wills, Wood(27), Wood(35), Ellsworth, Eskridge, Guthrie, Hagedorn, Hart, Hartgen, Mr. Speaker. Total – 56. Harwood, Henderson, Jaquet, Lake, Loertscher, Luker, Marriott, NAYS – Buckner-Webb, Burgoyne, Chew, Cronin, Higgins, McGeachin, McMillan, Moyle, Nesset, Nielsen, Nonini, Palmer, Killen, King, Lacey, Ringo, Rusche, Smith(30), Smith(24). Patrick, Pence, Perry, Raybould, Roberts, Schaefer, Shepherd, Total – 12. Shirley, Simpson, Sims, Stevenson, Takasugi(Batt), Thayn, Absent and excused – Bateman, Gibbs(Wheeler). Total – 2. Thompson, Trail, Vander Woude, Wills, Wood(27), Wood(35), Total – 70. Mr. Speaker. Total – 56. NAYS – Buckner-Webb, Burgoyne, Chew, Cronin, Higgins, Whereupon the Speaker declared that more than two-thirds Killen, King, Lacey, Ringo, Rusche, Smith(30), Smith(24). of the membership having voted in the affirmative, the motion Total – 12. carried, the rules were suspended, and H 147, as amended in the Absent and excused – Bateman, Gibbs(Wheeler). Total – 2. Senate, was read the first time by title, second time by title, and Total – 70. third time at length, section by section, and placed before the House for final consideration. Whereupon the Speaker declared that more than two-thirds of the membership having voted in the affirmative, the motion At this time, the Speaker recognized Mr. Wills to open carried, the rules were suspended, and H 231, as amended, was debate. read the first time by title, second time by title, and third time at The question being, "Shall H 147, as amended in the length, section by section, and placed before the House for final Senate, pass?" consideration. At this time, the Speaker recognized Mr. Moyle to open Roll call resulted as follows: debate. AYES – Anderson, Andrus, Barbieri, Barrett, Bayer, Bedke, Bell, Bilbao, Black, Bolz, Boyle, Buckner-Webb, The question being, "Shall H 231, as amended, pass?" Burgoyne, Chadderdon(Chadderdon), Chew, Collins, Crane, DeMordaunt, Ellsworth, Eskridge, Guthrie, Hagedorn, Hart, Roll call resulted as follows: Hartgen, Harwood, Henderson, Higgins, Jaquet, Killen, King, AYES – Anderson, Andrus, Barbieri, Barrett, Bayer, Lacey, Lake, Loertscher, Luker, Marriott, McGeachin, McMillan, Bedke, Bell, Bilbao, Black, Bolz, Boyle, Buckner-Webb, Moyle, Nesset, Nielsen, Nonini, Palmer, Patrick, Pence, Perry, Burgoyne, Chadderdon(Chadderdon), Chew, Collins, Crane, Raybould, Ringo, Roberts, Rusche, Schaefer, Shepherd, Shirley, DeMordaunt, Ellsworth, Eskridge, Guthrie, Hagedorn, Hart, Simpson, Sims, Smith(30), Stevenson, Takasugi(Batt), Thayn, Hartgen, Harwood, Henderson, Higgins, Jaquet, Killen, King, Thompson, Trail, Vander Woude, Wills, Wood(35), Mr. Speaker. Lacey, Lake, Loertscher, Luker, Marriott, McGeachin, McMillan, Total – 64. 270 HOUSE JOURNAL March 30, 2011]

NAYS – None. H 318, by Ways and Means Committee, was read the second Absent and excused – Bateman, Block, Cronin, time by title and filed for third reading. Gibbs(Wheeler), Smith(24), Wood(27). Total – 6. Total – 70. Third Reading of Bills and Joint Resolutions Whereupon the Speaker declared H 147, as amended in Mr. Moyle asked unanimous consent that S 1080, as the Senate, passed the House. Title was approved and the bill amended, be placed at the top of the Third Reading Calendar. referred to the Judiciary, Rules, and Administration Committee There being no objection, it was so ordered. for enrolling. S 1080, as amended, was read the third time at length, section There being no objection, the House returned to the Fifth by section, and placed before the House for final consideration. Order of Business. At this time, the Speaker recognized Ms. King to open Report of Standing Committees debate. March 30, 2011 The question being, "Shall S 1080, as amended, pass?" Mr. Speaker: We, your COMMITTEE ON JUDICIARY, RULES, AND Roll call resulted as follows: ADMINISTRATION, report that we have enrolled H 258, H 187, AYES – Buckner-Webb, Burgoyne, Chew, Cronin, Higgins, H 225, H 226, H 22, H 24, H 25, H 31, H 136, H 138, H 39, Jaquet, Killen, King, Lacey, Nesset, Pence, Ringo, Rusche, H 150, as amended, H 151, H 179, H 124, H 217, H 88, H 165, Smith(30), Trail. Total – 15. H 259, H 276, H 235, H 284, and H 285. NAYS – Anderson, Andrus, Barbieri, Barrett, Bayer, Bedke, WILLS, Chairman Bell, Bilbao, Black, Bolz, Boyle, Chadderdon(Chadderdon), Collins, Crane, DeMordaunt, Ellsworth, Eskridge, Guthrie, The Speaker announced he was about to sign enrolled H 258, Hagedorn, Hart, Hartgen, Harwood, Henderson, Lake, H 187, H 225, H 226, H 22, H 24, H 25, H 31, H 136, H 138, Loertscher, Luker, Marriott, McGeachin, McMillan, Moyle, H 39, H 150, as amended, H 151, H 179, H 124, H 217, H 88, Nielsen, Nonini, Palmer, Patrick, Perry, Raybould, Roberts, H 165, H 259, H 276, H 235, H 284, and H 285 and, when so Schaefer, Shepherd, Shirley, Simpson, Sims, Smith(24), signed, ordered them transmitted to the Senate for the signature Stevenson, Takasugi(Batt), Thayn, Thompson, Vander Woude, of the President. Wills, Wood(27), Wood(35), Mr. Speaker. Total – 52. Absent and excused – Bateman, Block, Gibbs(Wheeler). There being no objection, the House advanced to the Eighth Total – 3. Order of Business. Paired Votes: Introduction, First Reading, and Reference AYE – Higgins NAY – Wood(27) of Bills and Joint Resolutions (Pairs enumerated in roll call above.) Total – 70. HOUSE BILL NO. 337 BY REVENUE AND TAXATION COMMITTEE Whereupon the Speaker declared that S 1080, as AN ACT amended, failed to pass the House and ordered the bill returned RELATING TO PUBLIC UTILITIES AND THE SALES to the Senate. AND USE TAX ON EQUIPMENT USED IN ALTERNATIVE METHODS OF GENERATION OF ELECTRICITY; Mr. Moyle asked unanimous consent that beginning PROVIDING LEGISLATIVE FINDINGS AND INTENT; Thursday, March 31, 2011, Senate Finance bills be placed before AMENDING CHAPTER 5, TITLE 61, IDAHO CODE, BY THE the Senate bills on the Third Reading Calendar. There being no ADDITION OF A NEW SECTION 61-543, IDAHO CODE, objection, it was so ordered. TO DEFINE TERMS AND PROVIDE THE AUTHORITY Mr. Moyle asked unanimous consent that the remaining OF THE PUBLIC UTILITIES COMMISSION AND ITS bills on the Third Reading Calendar retain their places for one JURISDICTION OVER THE AVOIDED COST RATES legislative day. There being no objection, it was so ordered. PAID TO PURPA QUALIFYING FACILITIES; AMENDING SECTION 63-3622QQ, IDAHO CODE, TO REVISE There being no objection, the House advanced to the REQUIREMENTS REGARDING THE SALES TAX REBATE Sixteenth Order of Business. FOR EQUIPMENT USED IN ALTERNATIVE METHODS OF GENERATION OF ELECTRICITY; AMENDING SECTION 2, Adjournment CHAPTER 355, LAWS OF 2005, TO EXTEND THE SUNSET DATE; PROVIDING SEVERABILITY; AND DECLARING Mr. Moyle moved that the House adjourn until 10 a.m., AN EMERGENCY. Thursday, March 31, 2011. Seconded by Mr. Rusche. Motion carried. H 337 was introduced, read the first time by title, and referred to the Judiciary, Rules, and Administration Committee Whereupon the Speaker declared the House adjourned at for printing. 6:54 p.m. LAWERENCE DENNEY, Speaker There being no objection, the House advanced to the Tenth Order of Business. ATTEST: BONNIE ALEXANDER, Chief Clerk Second Reading of Bills and Joint Resolutions S 1154, as amended, by Judiciary and Rules Committee, was read the second time by title and filed for third reading. [March 31, 2011 HOUSE JOURNAL 271

HOUSE JOURNAL Enrolled H 251, H 252, H 253, H 254, and H 260 were referred to the Judiciary, Rules, and Administration Committee OF THE for delivery to the Governor. March 30, 2011 IDAHO LEGISLATURE Mr. Speaker: I transmit herewith S 1189, S 1190, S 1197, S 1199, S 1185, FIRST REGULAR SESSION as amended, and S 1198 which have passed the Senate. SIXTY-FIRST LEGISLATURE WOOD, Secretary S 1189, S 1190, S 1197, S 1199, S 1185, as amended, and S 1198 were filed for first reading.

EIGHTY-FIRST LEGISLATIVE DAY March 30, 2011 THURSDAY, MARCH 31, 2011 Mr. Speaker: I return herewith HCR 22, HCR 23, HCR 3, and H 236 which have passed the Senate. House of Representatives WOOD, Secretary The House convened at 10 a.m., the Speaker in the Chair. HCR 22, HCR 23, HCR 3, and H 236 were referred to the Judiciary, Rules, and Administration Committee for enrolling. Roll call showed 68 members present. Absent and excused – Chadderdon(Chadderdon), March 30, 2011 McGeachin. Total – 2. Mr. Speaker: Total – 70. I return herewith H 162 which has failed to pass the Senate. WOOD, Secretary Prayer was offered by Chaplain Tom Dougherty. H 162 was ordered filed in the office of the Chief Clerk. The Pledge of Allegiance was led by Jenee Walters, Page. Approval of Journal Report of Standing Committees March 31, 2011 March 31, 2011 Mr. Speaker: Mr. Speaker: We, your COMMITTEE ON JUDICIARY, RULES, AND We, your COMMITTEE ON JUDICIARY, RULES, AND ADMINISTRATION, report that we have read and approved the ADMINISTRATION, report that we have printed H 329, H 330, House Journal of the Eightieth Legislative Day and recommend H 331, H 332, H 333, H 334, H 335, H 336, H 337, and House that same be adopted as corrected. amendments to S 1111, and S 1085. WILLS, Chairman WILLS, Chairman Mr. Wills moved that the report be adopted. Seconded by H 329, H 330, H 331, and H 337 were filed for second Mr. Burgoyne. Report adopted. reading. H 332, H 333, H 334, H 335, and H 336 were referred to Consideration of Messages from the the Education Committee. Governor and the Senate March 30, 2011 March 31, 2011 Mr. Speaker: Mr. Speaker: I transmit herewith enrolled S 1049, S 1070, as amended, We, your COMMITTEE ON JUDICIARY, RULES, AND S 1087, S 1090, S 1129, S 1130, S 1132, S 1139, S 1147, S 1164, ADMINISTRATION, report that we have enrolled H 140, as S 1167, S 1168, S 1169, S 1170, S 1171, S 1172, S 1173, S 1174, amended in the Senate, H 183, as amended in the Senate, and S 1175, and S 1176 for the signature of the Speaker. H 147, as amended in the Senate. WOOD, Secretary WILLS, Chairman The Speaker announced he was about to sign enrolled The Speaker announced he was about to sign enrolled H 140, S 1049, S 1070, as amended, S 1087, S 1090, S 1129, S 1130, as amended in the Senate, H 183, as amended in the Senate, and S 1132, S 1139, S 1147, S 1164, S 1167, S 1168, S 1169, S 1170, H 147, as amended in the Senate, and, when so signed, ordered S 1171, S 1172, S 1173, S 1174, S 1175, and S 1176 and, when them transmitted to the Senate for the signature of the President. so signed, ordered them returned to the Senate. March 31, 2011 March 30, 2011 Mr. Speaker: Mr. Speaker: We, your COMMITTEE ON JUDICIARY, RULES, AND I return herewith enrolled HCR 25, H 251, H 252, H 253, ADMINISTRATION, report that we have engrossed H 95, as H 254, and H 260 which have been signed by the President. amended, as amended in the Senate. WOOD, Secretary WILLS, Chairman Enrolled HCR 25 was referred to the Judiciary, Rules, and H 95, as amended, as amended in the Senate, was filed for Administration Committee for delivery to the Secretary of State. first reading of engrossed bills. 272 HOUSE JOURNAL March 31, 2011]

March 30, 2011 S 1199, by State Affairs Committee, was introduced, read Mr. Speaker: the first time by title, and referred to the Agricultural Affairs We, your COMMITTEE ON JUDICIARY, RULES, AND Committee. ADMINISTRATION, report that we have transmitted enrolled H 244, H 245, H 145, as amended, H 204, H 248, and H 249 to S 1185, as amended, by State Affairs Committee, was the Governor at 1:35 p.m., as of this date, March 30, 2011. introduced, read the first time by title, and referred to the WILLS, Chairman Commerce and Human Resources Committee. March 30, 2011 S 1198, by State Affairs Committee, was introduced, read the Mr. Speaker: first time by title, and referred to the State Affairs Committee. We, your COMMITTEE ON TRANSPORTATION AND DEFENSE, report that we have had under consideration First Reading of Engrossed Bills S 1179 and recommend that it do pass. SMITH, Chairman H 95, as amended, as amended in the Senate, by Local Government Committee, was introduced, read the first time by S 1179 was filed for second reading. title, and filed for second reading. March 30, 2011 Second Reading of Bills and Joint Resolutions Mr. Speaker: We, your COMMITTEE ON STATE AFFAIRS, report that S 1088, as amended, as amended in the House, by Commerce we have had under consideration S 1165 and recommend that it and Human Resources Committee, was read the second time by do pass. title and filed for third reading. LOERTSCHER, Chairman There being no objection, the House advanced to the Twelfth S 1165 was filed for second reading. Order of Business. March 30, 2011 Consideration of General Orders Mr. Speaker: Mr. Moyle moved that the House do now resolve itself into a We, your COMMITTEE ON AGRICULTURAL AFFAIRS, Committee of the Whole House for the consideration of General report that we have had under consideration S 1143, as amended, Orders. Seconded by Mr. Rusche. Motion carried. and report it back with amendments attached to be placed on General Orders for consideration. Whereupon the House resolved itself into a Committee of TRAIL, Chairman the Whole House for the consideration of General Orders with Mr. Bedke in the Chair. S 1143, as amended, was placed on General Orders for consideration. When the Committee of the Whole House rose, the Speaker returned to the Chair and the House was in order. There being no objection, the House advanced to the Eighth Order of Business. Report of the Committee of the Whole House Introduction, First Reading, and Reference March 31, 2011 of Bills and Joint Resolutions Mr. Speaker: We, your COMMITTEE OF THE WHOLE HOUSE, report HOUSE BILL NO. 338 that we have had under consideration H 300 and report it back BY APPROPRIATIONS COMMITTEE without recommendation, amended as follows: AN ACT RELATING TO SUBSTANCE ABUSE TREATMENT HOUSE AMENDMENT TO H.B. NO. 300 AND MENTAL HEALTH SERVICES; APPROPRIATING AMENDMENT TO SECTION 1 ADDITIONAL MONEYS TO THE DEPARTMENT OF On page 1 of the printed bill, delete lines 20 and 21, and CORRECTION FOR FISCAL YEAR 2012; APPROPRIATING insert: ADDITIONAL MONEYS TO THE DEPARTMENT OF "(2) The Idaho state controller shall distribute moneys in the JUVENILE CORRECTIONS FOR FISCAL YEAR 2012; fund to Idaho legal aid services. APPROPRIATING ADDITIONAL MONEYS TO THE (3) Funds shall only be used by Idaho legal aid services OFFICE OF DRUG POLICY FOR FISCAL YEAR 2012; to provide legal representation and advocacy to low-income AND APPROPRIATING ADDITIONAL MONEYS TO THE Idahoans in civil matters concerning domestic violence, abused SUPREME COURT FOR FISCAL YEAR 2012. and neglected children, elder care and exploitation, foreclosures and veterans' issues. H 338 was introduced, read the first time by title, and (4) Moneys expended pursuant to subsection (3) of this referred to the Judiciary, Rules, and Administration Committee section may not be used for class action lawsuits, criminal cases, for printing. representation of persons who are incarcerated, cases concerning S 1189, S 1190, S 1111, as amended in the House, and S 1085, abortion or reproductive issues, representation of undocumented as amended in the House, by Agricultural Affairs Committee, persons or lawsuits against the state of Idaho, its employees in were introduced, read the first time by title, and filed for second their employment capacity, political subdivisions of the state reading. or those political subdivisions' employees in their employment capacity. S 1197, by State Affairs Committee, was introduced, read the (5) Idaho legal aid services is directed to provide annually first time by title, and referred to the Resources and Conservation a report to the legislature reflecting an accounting of expenditures Committee. from the access to justice fund.". [March 31, 2011 HOUSE JOURNAL 273

AMENDMENT TO SECTION 2 The question being, "Shall S 1180 pass?" On page 4, in line 36, following "fund" insert: "; and ten dollars ($10.00) of such fee shall be paid to the county treasurer Roll call resulted as follows: who shall, within five (5) days after the end of the month, pay AYES – Anderson, Andrus, Barbieri, Barrett, Bateman, such fees to the state treasurer for deposit in the access to justice Bayer, Bedke, Bell, Bilbao, Black, Block, Bolz, Boyle, Collins, fund"; also in line 36, following "of" delete "thirty-eight" and Crane, DeMordaunt, Ellsworth, Eskridge, Gibbs(Wheeler), insert: "thirtyforty-eight"; and in line 37, delete "($38.00)" and Guthrie, Hagedorn, Hart, Hartgen, Harwood, Henderson, insert: "($348.00)". Loertscher, Luker, Marriott, McMillan, Moyle, Nesset, Nielsen, Nonini, Palmer, Patrick, Perry, Raybould, Roberts, Schaefer, We have also had under consideration S 1053, as amended, Shepherd, Shirley, Simpson, Sims, Smith(24), Stevenson, and H 274, report progress and beg leave to sit again. Takasugi(Batt), Thayn, Thompson, Vander Woude, Wills, BEDKE, Chairman Wood(27), Wood(35), Mr. Speaker. Total – 53. Mr. Moyle moved that the report be adopted. Seconded by NAYS – Buckner-Webb, Burgoyne, Chew, Cronin, Higgins, Mr. Rusche. Jaquet, Killen, King, Lacey, Pence, Ringo, Rusche, Smith(30), Trail. Total – 14. Whereupon the Speaker declared the report adopted. Absent and excused – Chadderdon(Chadderdon), Lake, McGeachin. Total – 3. H 300, as amended, was referred to the Judiciary, Rules, and Total – 70. Administration Committee for engrossing. S 1053, as amended, and H 274 were retained on General Whereupon the Speaker declared that S 1180 passed the Orders. House. Title was approved and the bill ordered returned to the Senate. The amendments were referred to Judiciary, Rules, and Administration committee for printing. There being no objection, the House returned to the Seventh There being no objection, the House returned to the Eleventh Order of Business. Order of Business. Motions, Memorials, and Resolutions Third Reading of Bills and Joint Resolutions Mr. Moyle moved that all rules of the House interfering with the immediate consideration of H 329 be suspended; that the Mr. Moyle asked unanimous consent that H 317 be returned portions of Section 15, Article 3 of the Constitution of the State to the Ways and Means Committee. There being no objection, it of Idaho, requiring all bills to be read on three several days be was so ordered. dispensed with, this being a case of urgency; and that H 329 be read the first time by title, second time by title, and third time at H 318 was read the third time at length, section by section, length, section by section, and placed before the House for final and placed before the House for final consideration. consideration. Seconded by Mr. Rusche. At this time, the Speaker recognized Mr. Bedke to open The question being, "Shall the rules be suspended?" debate. Roll call resulted as follows: The question being, "Shall H 318 pass?" AYES – Anderson, Andrus, Barbieri, Barrett, Bateman, Bayer, Bedke, Bell, Bilbao, Black, Block, Bolz, Boyle, Roll call resulted as follows: Buckner-Webb, Collins, Crane, DeMordaunt, Ellsworth, AYES – Anderson, Andrus, Barbieri, Barrett, Bateman, Eskridge, Gibbs(Wheeler), Guthrie, Hagedorn, Hart, Hartgen, Bayer, Bedke, Bell, Bilbao, Black, Block, Bolz, Boyle, Harwood, Henderson, Jaquet, Killen, King, Lacey, Loertscher, Buckner-Webb, Burgoyne, Chew, Collins, Crane, Cronin, Luker, Marriott, McMillan, Moyle, Nesset, Nielsen, Nonini, DeMordaunt, Ellsworth, Eskridge, Gibbs(Wheeler), Guthrie, Palmer, Patrick, Pence, Perry, Raybould, Roberts, Schaefer, Hagedorn, Hart, Hartgen, Harwood, Henderson, Higgins, Shepherd, Shirley, Simpson, Sims, Smith(30), Smith(24), Jaquet, Killen, King, Lacey, Lake, Loertscher, Luker, Marriott, Stevenson, Takasugi(Batt), Thayn, Thompson, Trail, McMillan, Moyle, Nesset, Nielsen, Nonini, Patrick, Pence, Vander Woude, Wills, Wood(27), Wood(35), Mr. Speaker. Perry, Raybould, Ringo, Roberts, Rusche, Schaefer, Shepherd, Total – 61. Shirley, Simpson, Sims, Smith(30), Smith(24), Stevenson, NAYS – Burgoyne, Chew, Cronin, Higgins, Ringo, Rusche. Takasugi(Batt), Thayn, Thompson, Trail, Vander Woude, Wills, Total – 6. Wood(27), Wood(35), Mr. Speaker. Total – 67. Absent and excused – Chadderdon(Chadderdon), Lake, NAYS – None. McGeachin. Total – 3. Absent and excused – Chadderdon(Chadderdon), Total – 70. McGeachin, Palmer. Total – 3. Total – 70. Whereupon the Speaker declared that more than two-thirds Whereupon the Speaker declared that H 318 passed the of the membership having voted in the affirmative, the motion House. Title was approved and the bill ordered transmitted to carried, the rules were suspended, and H 329 was read the first the Senate. time by title, second time by title, and third time at length, section by section, and placed before the House for final consideration. S 1180 was read the third time at length, section by section, and placed before the House for final consideration. At this time, the Speaker recognized Mr. Wood(27) to open debate. At this time, the Speaker recognized Mr. Thompson to open debate. The question being, "Shall H 329 pass?" 274 HOUSE JOURNAL March 31, 2011]

Roll call resulted as follows: Jaquet, Killen, King, Lacey, Lake, Loertscher, Luker, Marriott, AYES – Anderson, Andrus, Barbieri, Barrett, Bateman, McMillan, Moyle, Nesset, Nielsen, Nonini, Palmer, Patrick, Bayer, Bedke, Bell, Bilbao, Black, Block, Bolz, Boyle, Pence, Perry, Raybould, Ringo, Roberts, Rusche, Shepherd, Buckner-Webb, Burgoyne, Chew, Collins, Crane, Cronin, Shirley, Simpson, Sims, Smith(30), Stevenson, Takasugi(Batt), DeMordaunt, Ellsworth, Eskridge, Gibbs(Wheeler), Guthrie, Thayn, Thompson, Trail, Vander Woude, Wills, Wood(27), Hagedorn, Hart, Hartgen, Henderson, Higgins, Jaquet, Killen, Wood(35), Mr. Speaker. Total – 66. King, Lacey, Lake, Loertscher, Marriott, Moyle, Nesset, NAYS – Schaefer. Total – 1. Nielsen, Nonini, Palmer, Patrick, Pence, Perry, Raybould, Absent and excused – Chadderdon(Chadderdon), Ringo, Roberts, Rusche, Shepherd, Shirley, Simpson, Sims, McGeachin, Smith(24). Total – 3. Smith(30), Smith(24), Stevenson, Takasugi(Batt), Thompson, Total – 70. Trail, Vander Woude, Wills, Wood(27), Wood(35), Mr. Speaker. Total – 63. Whereupon the Speaker declared that H 330 passed the NAYS – Harwood, Luker, McMillan, Schaefer, Thayn. House. Title was approved and the bill ordered transmitted to Total – 5. the Senate. Absent and excused – Chadderdon(Chadderdon), Mr. Moyle moved that all rules of the House interfering with McGeachin. Total – 2. the immediate consideration of H 331 be suspended; that the Total – 70. portions of Section 15, Article 3 of the Constitution of the State Whereupon the Speaker declared that H 329 passed the of Idaho, requiring all bills to be read on three several days be House. Title was approved and the bill ordered transmitted to dispensed with, this being a case of urgency; and that H 331 be the Senate. read the first time by title, second time by title, and third time at length, section by section, and placed before the House for final Mr. Moyle moved that all rules of the House interfering with consideration. Seconded by Mr. Rusche. the immediate consideration of H 330 be suspended; that the portions of Section 15, Article 3 of the Constitution of the State The question being, "Shall the rules be suspended?" of Idaho, requiring all bills to be read on three several days be dispensed with, this being a case of urgency; and that H 330 be Roll call resulted as follows: read the first time by title, second time by title, and third time at AYES – Anderson, Andrus, Barbieri, Barrett, Bateman, length, section by section, and placed before the House for final Bayer, Bedke, Bell, Bilbao, Black, Block, Bolz, Boyle, consideration. Seconded by Mr. Rusche. Buckner-Webb, Collins, Crane, DeMordaunt, Ellsworth, Eskridge, Gibbs(Wheeler), Guthrie, Hagedorn, Hart, Hartgen, The question being, "Shall the rules be suspended?" Harwood, Henderson, Jaquet, Killen, King, Lacey, Loertscher, Luker, Marriott, McMillan, Moyle, Nesset, Nielsen, Nonini, Roll call resulted as follows: Palmer, Patrick, Pence, Perry, Raybould, Roberts, Schaefer, AYES – Anderson, Andrus, Barbieri, Barrett, Bateman, Shepherd, Shirley, Simpson, Sims, Smith(30), Smith(24), Bayer, Bedke, Bell, Bilbao, Black, Block, Bolz, Boyle, Stevenson, Takasugi(Batt), Thayn, Thompson, Trail, Buckner-Webb, Collins, Crane, DeMordaunt, Ellsworth, Vander Woude, Wills, Wood(27), Wood(35), Mr. Speaker. Eskridge, Gibbs(Wheeler), Guthrie, Hagedorn, Hart, Hartgen, Total – 61. Harwood, Henderson, Jaquet, Killen, King, Lacey, Loertscher, NAYS – Burgoyne, Chew, Cronin, Higgins, Ringo, Rusche. Luker, Marriott, McMillan, Moyle, Nesset, Nielsen, Nonini, Total – 6. Palmer, Patrick, Pence, Perry, Raybould, Roberts, Schaefer, Absent and excused – Chadderdon(Chadderdon), Lake, Shepherd, Shirley, Simpson, Sims, Smith(30), Smith(24), McGeachin. Total – 3. Stevenson, Takasugi(Batt), Thayn, Thompson, Trail, Total – 70. Vander Woude, Wills, Wood(27), Wood(35), Mr. Speaker. Total – 61. Whereupon the Speaker declared that more than two-thirds NAYS – Burgoyne, Chew, Cronin, Higgins, Ringo, Rusche. of the membership having voted in the affirmative, the motion Total – 6. carried, the rules were suspended, and H 331 was read the first Absent and excused – Chadderdon(Chadderdon), Lake, time by title, second time by title, and third time at length, section McGeachin. Total – 3. by section, and placed before the House for final consideration. Total – 70. At this time, the Speaker recognized Mr. Black to open Whereupon the Speaker declared that more than two-thirds debate. of the membership having voted in the affirmative, the motion The question being, "Shall H 331 pass?" carried, the rules were suspended, and H 330 was read the first time by title, second time by title, and third time at length, section Roll call resulted as follows: by section, and placed before the House for final consideration. AYES – Anderson, Andrus, Barbieri, Barrett, Bateman, At this time, the Speaker recognized Mr. Thompson to open Bayer, Bedke, Bell, Bilbao, Black, Block, Bolz, Boyle, debate. Buckner-Webb, Burgoyne, Chew, Collins, Crane, Cronin, DeMordaunt, Ellsworth, Eskridge, Gibbs(Wheeler), Guthrie, The question being, "Shall H 330 pass?" Hagedorn, Hartgen, Harwood, Henderson, Higgins, Jaquet, Killen, King, Lacey, Lake, Loertscher, Luker, Marriott, Roll call resulted as follows: McMillan, Nesset, Nielsen, Nonini, Palmer, Patrick, Pence, AYES – Anderson, Andrus, Barbieri, Barrett, Bateman, Perry, Raybould, Ringo, Roberts, Rusche, Schaefer, Shepherd, Bayer, Bedke, Bell, Bilbao, Black, Block, Bolz, Boyle, Shirley, Simpson, Sims, Smith(30), Takasugi(Batt), Thayn, Buckner-Webb, Burgoyne, Chew, Collins, Crane, Cronin, Thompson, Trail, Vander Woude, Wills, Wood(27), Wood(35), DeMordaunt, Ellsworth, Eskridge, Gibbs(Wheeler), Guthrie, Mr. Speaker. Total – 64. Hagedorn, Hart, Hartgen, Harwood, Henderson, Higgins, NAYS – None. [March 31, 2011 HOUSE JOURNAL 275

Absent and excused – Chadderdon(Chadderdon), Hart, Absent and excused – Chadderdon(Chadderdon), McGeachin, Moyle, Smith(24), Stevenson. Total – 6. McGeachin, Sims, Smith(24). Total – 4. Total – 70. Total – 70. Whereupon the Speaker declared that H 331 passed the Whereupon the Speaker declared that H 337 passed the House. Title was approved and the bill ordered transmitted to House. Title was approved and the bill ordered transmitted to the Senate. the Senate.

Mr. Moyle moved that all rules of the House interfering with Mr. Moyle moved that the House recess until the immediate consideration of H 337 be suspended; that the 4 p.m. Seconded by Mr. Rusche. Motion carried. portions of Section 15, Article 3 of the Constitution of the State of Idaho, requiring all bills to be read on three several days be Whereupon the Speaker declared the House at recess until dispensed with, this being a case of urgency; and that H 337 be 4 p.m. read the first time by title, second time by title, and third time at RECESS length, section by section, and placed before the House for final consideration. Seconded by Mr. Rusche. Afternoon Session The question being, "Shall the rules be suspended?" The House reconvened at 4 p.m., the Speaker in the Chair.

Roll call resulted as follows: Prior to recess, the House was at the Seventh Order of AYES – Anderson, Andrus, Barbieri, Barrett, Bateman, Business. Bayer, Bedke, Bell, Bilbao, Black, Block, Bolz, Boyle, Buckner-Webb, Collins, Crane, DeMordaunt, Ellsworth, Motions, Memorials, and Resolutions Eskridge, Gibbs(Wheeler), Guthrie, Hagedorn, Hart, Hartgen, Harwood, Henderson, Jaquet, Killen, King, Lacey, Loertscher, HOUSE CONCURRENT RESOLUTION NO. 28 Luker, Marriott, McMillan, Moyle, Nesset, Nielsen, Nonini, BY STATE AFFAIRS COMMITTEE Palmer, Patrick, Pence, Perry, Raybould, Roberts, Schaefer, A CONCURRENT RESOLUTION Shepherd, Shirley, Simpson, Sims, Smith(30), Smith(24), STATING LEGISLATIVE FINDINGS AND STATING Stevenson, Takasugi(Batt), Thayn, Thompson, Trail, SUPPORT FOR CARRYING A PREGNANCY TO FULL Vander Woude, Wills, Wood(27), Wood(35), Mr. Speaker. TERM AND SUPPORTING ADOPTIONS OF CHILDREN. Total – 61. NAYS – Burgoyne, Chew, Cronin, Higgins, Ringo, Rusche. Be It Resolved by the Legislature of the State of Idaho: Total – 6. Absent and excused – Chadderdon(Chadderdon), Lake, WHEREAS, we as the Idaho Legislature encourage and offer McGeachin. Total – 3. support to families or the needs of families to bring a desired Total – 70. pregnancy to full term; and WHEREAS, we as the Idaho Legislature declare our support Whereupon the Speaker declared that more than two-thirds for adoptions and newly adoptive parents; and of the membership having voted in the affirmative, the motion WHEREAS, we need to praise and provide support for carried, the rules were suspended, and H 337 was read the first families that adopt; and time by title, second time by title, and third time at length, section WHEREAS, we believe that the Legislature should make by section, and placed before the House for final consideration. it a priority to encourage adoption and make the laws and At this time, the Speaker recognized Mr. Eskridge to open bureaucracy such that adoptions are appropriate, widespread and debate. easily available; and WHEREAS, the Legislature would like to encourage Pursuant to Rule 38(3), Ms. Block disclosed a conflict of the Department of Health and Welfare, the Public Health interest regarding H 337. Departments and other public and private providers of care and adoption to make adoption a high priority; and Pursuant to Rule 38(3), Mr. Anderson disclosed a conflict of WHEREAS, we support adoption as an alternative to interest regarding H 337. building and supporting families. NOW, THEREFORE, BE IT RESOLVED by the members The question being, "Shall H 337 pass?" of the First Regular Session of the Sixty-first Idaho Legislature, the House of Representatives and the Senate concurring therein, Roll call resulted as follows: that we support carrying a pregnancy to full term and we support AYES – Anderson, Bedke, Bell, Bilbao, Black, Block, Bolz, adoptions of children. Buckner-Webb, Burgoyne, Chew, Collins, Cronin, Ellsworth, BE IT FURTHER RESOLVED the copies of this resolution Eskridge, Gibbs(Wheeler), Hagedorn, Hartgen, Harwood, shall be distributed to the Department of Health and Welfare and Henderson, Higgins, Jaquet, Killen, King, Lacey, Lake, Moyle, to Public Health Districts in the state. Nesset, Patrick, Pence, Perry, Raybould, Ringo, Rusche, Schaefer, Shirley, Smith(30), Stevenson, Takasugi(Batt), Trail, Wills, Wood(27). Total – 41. HCR 28 was introduced, read the first time by title, and NAYS – Andrus, Barbieri, Barrett, Bateman, Bayer, Boyle, referred to the Judiciary, Rules, and Administration Committee Crane, DeMordaunt, Guthrie, Hart, Loertscher, Luker, Marriott, for printing. McMillan, Nielsen, Nonini, Palmer, Roberts, Shepherd, Simpson, Thayn, Thompson, Vander Woude, Wood(35), Mr. Speaker. There being no objection, the House returned to the Fifth Total – 25. Order of Business. 276 HOUSE JOURNAL March 31, 2011]

Report of Standing Committees RELATING TO THE DEPARTMENT OF HEALTH AND WELFARE FUNDING; APPROPRIATING ADDITIONAL March 31, 2011 MONEYS TO THE DEPARTMENT OF HEALTH AND Mr. Speaker: WELFARE FOR FISCAL YEAR 2011; REDUCING THE We, your COMMITTEE ON JUDICIARY, RULES, AND APPROPRIATION TO THE DEPARTMENT OF HEALTH ADMINISTRATION, report that we have enrolled HCR 22, AND WELFARE FOR FISCAL YEAR 2011; DIRECTING HCR 23, HCR 3, and H 236. A TRANSFER FROM THE IDAHO MILLENNIUM FUND WILLS, Chairman TO THE IDAHO MILLENNIUM INCOME FUND FOR FISCAL YEAR 2011; APPROPRIATING MONEYS TO THE The Speaker announced he was about to sign enrolled DEPARTMENT OF HEALTH AND WELFARE FOR FISCAL HCR 22, HCR 23, HCR 3, and H 236 and, when so signed, YEAR 2012; LIMITING THE NUMBER OF AUTHORIZED ordered them transmitted to the Senate for the signature of the FULL-TIME EQUIVALENT POSITIONS FOR FISCAL YEAR President. 2012; DIRECTING A TRANSFER FROM THE IDAHO March 31, 2011 MILLENNIUM FUND TO THE COOPERATIVE WELFARE Mr. Speaker: FUND FOR FISCAL YEAR 2012; PROVIDING FOR We, your COMMITTEE ON EDUCATION, report that we GENERAL FUND TRANSFERS TO THE COOPERATIVE have had under consideration H 314 and recommend that it do WELFARE FUND; DIRECTING EXPENDITURES FOR pass. TRUSTEE AND BENEFIT PAYMENTS; PROVIDING NONINI, Chairman LEGISLATIVE INTENT FOR EDUCATION STIPENDS; PROVIDING LEGISLATIVE INTENT FOR PROGRAM H 314 was filed for second reading. INTEGRITY; REQUIRING MONTHLY FORECAST REPORTING FOR THE MEDICAL ASSISTANCE SERVICES March 31, 2011 AND THE INDIRECT SUPPORT SERVICES DIVISIONS; Mr. Speaker: DIRECTING REPORTING FOR THE MEDICAID PROGRAM We, your COMMITTEE ON STATE AFFAIRS, report that INTEGRITY STAFF COLLECTIONS; DIRECTING we have had under consideration H 308, H 316, S 1094, and EXPENDITURES FOR HEAD START APPROPRIATIONS S 1156 and recommend that they do pass. FROM TEMPORARY ASSISTANCE FOR NEEDY LOERTSCHER, Chairman FAMILIES; REQUIRING THE DIVISION OF WELFARE TO H 308, H 316, S 1094, and S 1156 were filed for second SUBMIT QUARTERLY FORECAST REPORTS; DIRECTING reading. EXPENDITURES FOR SUBSTANCE ABUSE TREATMENT AND PREVENTION FOR THE GAIN ASSESSMENT; March 31, 2011 PROVIDING LEGISLATIVE INTENT FOR SUBSTANCE Mr. Speaker: ABUSE TREATMENT AND PREVENTION FOR THE We, your COMMITTEE ON COMMERCE AND HUMAN STATEWIDE MEDIA CAMPAIGN ON UNDERAGE RESOURCES, report that we have had under consideration DRINKING; PROVIDING FOR SUBSTANCE ABUSE S 1186 and recommend that it do pass. TREATMENT AND PREVENTION FOR EXPENDITURES OF BLOCK, Chairman COLLECTED RECEIPTS; PROVIDING NONCOGNIZABLE AUTHORITY FOR MEDICAL ASSISTANCE SERVICES S 1186 was filed for second reading. FOR EXPENDITURES OF COLLECTED RECEIPTS; PROVIDING FOR TRANSFERS IN ADDITION TO TEN There being no objection, the House advanced to the Eighth PERCENT FOR MEDICAL ASSISTANCE SERVICES Order of Business. FOR THE COORDINATED, ENHANCED AND BASIC Introduction, First Reading, and Reference MEDICAID PLANS; PROVIDING LEGISLATIVE INTENT of Bills and Joint Resolutions FOR MEDICAL ASSISTANCE SERVICES FOR REPORTING THE IMPLEMENTATION OF HOUSE BILL NO. 260, AS HOUSE BILL NO. 339 ENACTED BY THE FIRST REGULAR SESSION OF THE BY STATE AFFAIRS COMMITTEE SIXTY-FIRST IDAHO LEGISLATURE; PROVIDING FOR AN ACT THE COURT SERVICES FUND TRANSFER; DIRECTING RELATING TO EDUCATION; AMENDING SECTION THE INTERAGENCY PAYMENT FOR JUVENILE 33-1006, IDAHO CODE, TO REVISE PROVISIONS DETENTION CLINICIANS CONTRACT; APPROPRIATING RELATING TO THE STATE'S SHARE OF THE ADDITIONAL MONEYS TO THE DEPARTMENT OF TRANSPORTATION SUPPORT PROGRAM AND TO REVISE HEALTH AND WELFARE MEDICAL ASSISTANCE PROVISIONS RELATING TO CERTAIN REIMBURSABLE SERVICES DIVISION FOR FISCAL YEAR 2012 FOR COSTS; AND REPEALING SECTION 33-1006A, IDAHO MEDICAID MANAGED CARE; PROVIDING LEGISLATIVE CODE, RELATING TO PUPIL TRANSPORTATION AUDITS. INTENT FOR IMPLEMENTING MEDICAID MANAGED CARE; AND DECLARING AN EMERGENCY. HOUSE BILL NO. 340 BY EDUCATION COMMITTEE AN ACT H 339, H 340, and H 341 were introduced, read the first time RELATING TO EDUCATION; AMENDING SECTION by title, and referred to the Judiciary, Rules, and Administration 33-1201, IDAHO CODE, TO REVISE PROVISIONS Committee for printing. RELATING TO CERTAIN CERTIFICATES.

HOUSE BILL NO. 341 There being no objection, the House advanced to the BY APPROPRIATIONS COMMITTEE Eleventh Order of Business. AN ACT [March 31, 2011 HOUSE JOURNAL 277

Third Reading of Bills and Joint Resolutions Burgoyne, Chew, Collins, Crane, Cronin, DeMordaunt, Ellsworth, Eskridge, Gibbs(Wheeler), Guthrie, Hagedorn, S 1181 was read the third time at length, section by section, Hart, Hartgen, Henderson, Higgins, Jaquet, Killen, King, and placed before the House for final consideration. Lacey, Lake, Luker, Marriott, McGeachin, Moyle, Nesset, At this time, the Speaker recognized Mr. Thompson to open Nielsen, Nonini, Palmer, Patrick, Pence, Perry, Raybould, debate. Ringo, Rusche, Schaefer, Shepherd, Shirley, Simpson, Sims, Smith(30), Stevenson, Takasugi(Batt), Thayn, Thompson, Trail, The question being, "Shall S 1181 pass?" Vander Woude, Wills, Wood(27), Wood(35), Mr. Speaker. Total – 63. Roll call resulted as follows: NAYS – Barbieri, Harwood, Loertscher, McMillan. Total – 4. AYES – Anderson, Andrus, Barbieri, Barrett, Bateman, Absent and excused – Chadderdon(Chadderdon), Roberts, Bayer, Bedke, Bell, Bilbao, Black, Block, Bolz, Collins, Smith(24). Total – 3. Crane, DeMordaunt, Ellsworth, Eskridge, Gibbs(Wheeler), Total – 70. Guthrie, Hagedorn, Hart, Hartgen, Henderson, Lake, Loertscher, Luker, Marriott, McMillan, Moyle, Nesset, Nonini, Palmer, Whereupon the Speaker declared that S 1183 passed the Patrick, Raybould, Roberts, Schaefer, Shepherd, Shirley, Sims, House. Title was approved and the bill ordered returned to the Stevenson, Takasugi(Batt), Thayn, Thompson, Vander Woude, Senate. Wills, Wood(27), Mr. Speaker. Total – 47. Mr. Moyle asked unanimous consent that S 1154, as NAYS – Boyle, Buckner-Webb, Burgoyne, Chew, Cronin, amended, be placed at the top of the Third Reading Calendar. Harwood, Higgins, Jaquet, Killen, King, Lacey, McGeachin, There being no objection, it was so ordered. Nielsen, Pence, Perry, Ringo, Rusche, Simpson, Smith(30), Trail, Wood(35). Total – 21. S 1154, as amended, was read the third time at length, section Absent and excused – Chadderdon(Chadderdon), Smith(24). by section, and placed before the House for final consideration. Total – 2. Total – 70. At this time, the Speaker recognized Ms. Ellsworth to open debate. Whereupon the Speaker declared that S 1181 passed the House. Title was approved and the bill ordered returned to the At this time, Mr. Moyle took the Chair. Senate. The question being, "Shall S 1154, as amended, pass?" S 1182 was read the third time at length, section by section, and placed before the House for final consideration. Roll call resulted as follows: AYES – Anderson, Andrus, Barbieri, Barrett, Bateman, At this time, the Speaker recognized Mr. Hagedorn to open Bayer, Bedke, Bell, Bilbao, Block, Bolz, Boyle, Buckner-Webb, debate. Burgoyne, Chew, Collins, Cronin, DeMordaunt, Ellsworth, Eskridge, Gibbs(Wheeler), Guthrie, Hagedorn, Hart, Hartgen, The question being, "Shall S 1182 pass?" Harwood, Henderson, Higgins, Jaquet, Killen, King, Lacey, Lake, Loertscher, Luker, Marriott, McGeachin, McMillan, Roll call resulted as follows: Moyle, Nesset, Nielsen, Nonini, Palmer, Patrick, Pence, Perry, AYES – Anderson, Barbieri, Bell, Bilbao, Black, Bolz, Raybould, Ringo, Roberts, Rusche, Schaefer, Shepherd, Shirley, Buckner-Webb, Burgoyne, Chew, Cronin, Eskridge, Hagedorn, Simpson, Sims, Smith(30), Stevenson, Takasugi(Batt), Thayn, Hart, Hartgen, Henderson, Higgins, Jaquet, Killen, King, Lacey, Trail, Wood(27), Wood(35), Mr. Speaker. Total – 63. McMillan, Nesset, Nonini, Patrick, Pence, Perry, Ringo, Rusche, NAYS – None. Schaefer, Shepherd, Smith(30), Stevenson, Takasugi(Batt), Absent and excused – Black, Chadderdon(Chadderdon), Thompson, Trail, Wills, Wood(27), Mr. Speaker. Total – 38. Crane, Smith(24), Thompson, Vander Woude, Wills. Total – 7. NAYS – Andrus, Barrett, Bateman, Bayer, Bedke, Block, Total – 70. Boyle, Collins, Crane, DeMordaunt, Ellsworth, Gibbs(Wheeler), Guthrie, Harwood, Lake, Loertscher, Luker, Marriott, Whereupon the Speaker Pro Tem declared that S 1154, as McGeachin, Moyle, Nielsen, Palmer, Raybould, Roberts, Shirley, amended, passed the House. Title was approved and the bill Simpson, Sims, Thayn, Vander Woude, Wood(35). Total – 30. ordered returned to the Senate. Absent and excused – Chadderdon(Chadderdon), Smith(24). Total – 2. Mr. Bedke asked unanimous consent that S 1105, as Total – 70. amended, and S 1021, as amended, be placed at the bottom of the Third Reading Calendar. There being no objection, it was so Whereupon the Speaker declared that S 1182 passed the ordered. House. Title was approved and the bill ordered returned to the Senate. At this time, the Speaker took the Chair. S 1183 was read the third time at length, section by section, S 1100 was read the third time at length, section by section, and placed before the House for final consideration. and placed before the House for final consideration. At this time, the Speaker recognized Ms. Jaquet to open At this time, the Speaker recognized Mr. Rusche to open debate. debate. The question being, "Shall S 1183 pass?" The question being, "Shall S 1100 pass?"

Roll call resulted as follows: Roll call resulted as follows: AYES – Anderson, Andrus, Barrett, Bateman, Bayer, AYES – Anderson, Barrett, Bateman, Bilbao, Block, Bedke, Bell, Bilbao, Black, Block, Bolz, Boyle, Buckner-Webb, Bolz, Buckner-Webb, Burgoyne, Chew, Collins, Cronin, 278 HOUSE JOURNAL March 31, 2011]

DeMordaunt, Eskridge, Gibbs(Wheeler), Guthrie, Hagedorn, Hartgen, Henderson, Higgins, Jaquet, Killen, King, Lacey, Lake, Loertscher, Luker, Marriott, McGeachin, Nesset, Patrick, Pence, Perry, Ringo, Rusche, Shirley, Simpson, Sims, Smith(30), Takasugi(Batt), Thayn, Thompson, Trail, Wood(27), Mr. Speaker. Total – 44. NAYS – Andrus, Barbieri, Bayer, Bedke, Bell, Boyle, Ellsworth, Hart, Harwood, McMillan, Moyle, Nielsen, Nonini, Palmer, Raybould, Roberts, Schaefer, Shepherd, Stevenson, Wood(35). Total – 20. Absent and excused – Black, Chadderdon(Chadderdon), Crane, Smith(24), Vander Woude, Wills. Total – 6. Total – 70. Whereupon the Speaker declared that S 1100 passed the House. Title was approved and the bill ordered returned to the Senate. Mr. Moyle asked unanimous consent that the remaining bills on the Third Reading Calendar retain their places for one legislative day. There being no objection, it was so ordered. There being no objection, the House advanced to the Sixteenth Order of Business. Adjournment Mr. Moyle moved that the House adjourn until 8:30 a.m., Friday, April 1, 2011. Seconded by Mr. Rusche. Motion carried. Whereupon the Speaker declared the House adjourned at 5:25 p.m. LAWERENCE DENNEY, Speaker ATTEST: BONNIE ALEXANDER, Chief Clerk [April 1, 2011 HOUSE JOURNAL 279

HOUSE JOURNAL March 31, 2011 Mr. Speaker: OF THE I return herewith H 210, H 228, H 194, H 213, H 214, H 163, H 286, H 287, H 288, H 289, H 290, H 291, H 292, H 293, H 294, H 224, H 206, H 269, H 270, H 181, as amended, H 207, IDAHO LEGISLATURE as amended, H 159, H 83, and H 175 which have passed the Senate. FIRST REGULAR SESSION WOOD, Secretary SIXTY-FIRST LEGISLATURE H 210, H 228, H 194, H 213, H 214, H 163, H 286, H 287, H 288, H 289, H 290, H 291, H 292, H 293, H 294, H 224, H 206, H 269, H 270, H 181, as amended, H 207, as amended, H 159, H 83, and H 175 were referred to the Judiciary, Rules, EIGHTY-SECOND LEGISLATIVE DAY and Administration Committee for enrolling. FRIDAY, APRIL 1, 2011 March 31, 2011 Mr. Speaker: House of Representatives I return herewith H 137, as amended, as amended in the Senate, and H 205, as amended in the Senate, which have passed The House convened at 8:30 a.m., the Speaker in the Chair. the Senate. WOOD, Secretary Roll call showed 66 members present. Absent and excused – Hart, Luker, Perry, Smith(24). H 137, as amended, as amended in the Senate, and H 205, Total – 4. as amended in the Senate, were ordered held at the Desk. Total – 70. Mr. Hagedorn asked unanimous consent that the House Prayer was offered by Chaplain Tom Dougherty. concur in the Senate amendments to H 137, as amended, as The Pledge of Allegiance was led by Elizabeth Harris, Page. amended in the Senate. There being no objection, it was so ordered.

Approval of Journal Mr. Shirley asked unanimous consent that the House concur in the Senate amendments to H 205, as amended in the Senate. April 1, 2011 There being no objection, it was so ordered. Mr. Speaker: We, your COMMITTEE ON JUDICIARY, RULES, AND H 137, as amended, as amended in the Senate, and H 205, ADMINISTRATION, report that we have read and approved the as amended in the Senate, were referred to the Judiciary, Rules, House Journal of the Eighty-first Legislative Day and recommend and Administration Committee for engrossing. that same be adopted as corrected. WILLS, Chairman Report of Standing Committees Mr. Wills moved that the report be adopted. Seconded by Mr. Burgoyne. Report adopted. April 1, 2011 Mr. Speaker: We, your COMMITTEE ON JUDICIARY, RULES, AND Consideration of Messages from the ADMINISTRATION, report that we have printed HCR 28, Governor and the Senate H 338, H 339, H 340, H 341, and and House amendment to H 300. WILLS, Chairman March 31, 2011 Mr. Speaker: HCR 28 was referred to the State Affairs Committee. I return herewith enrolled H 258, H 187, H 225, H 226, H 22, H 24, H 25, H 31, H 136, H 138, H 39, H 150, as amended, H 338 and H 341 were filed for second reading. H 151, H 179, H 124, H 217, H 88, H 165, H 259, H 276, H 235, H 284, and H 285 which have been signed by the President. H 339 and H 340 were referred to the Education Committee. WOOD, Secretary April 1, 2011 Enrolled H 258, H 187, H 225, H 226, H 22, H 24, H 25, Mr. Speaker: H 31, H 136, H 138, H 39, H 150, as amended, H 151, H 179, We, your COMMITTEE ON JUDICIARY, RULES, AND H 124, H 217, H 88, H 165, H 259, H 276, H 235, H 284, and ADMINISTRATION, report that we have engrossed H 300, as H 285 were referred to the Judiciary, Rules, and Administration amended. Committee for delivery to the Governor. WILLS, Chairman March 31, 2011 H 300, as amended, was filed for first reading of engrossed Mr. Speaker: bills. I transmit herewith S 1193, S 1195, and S 1196 which have passed the Senate. March 31, 2011 WOOD, Secretary Mr. Speaker: We, your COMMITTEE ON JUDICIARY, RULES, AND S 1193, S 1195, and S 1196 were filed for first reading. ADMINISTRATION, report that we have transmitted enrolled 280 HOUSE JOURNAL April 1, 2011]

HCR 25 to the Secretary of State at 2:16 p.m., as of this date, At this time, Mr. Roberts took the Chair. March 31, 2011. WILLS, Chairman Pursuant to Rule 34, Mr. Marriott moved the previous question. Seconded by Mr. Palmer. March 31, 2011 Mr. Speaker: Roll call resulted as follows: We, your COMMITTEE ON JUDICIARY, RULES, AND AYES – Andrus, Barbieri, Barrett, Bayer, Bedke, Bell, ADMINISTRATION, report that we have transmitted enrolled Bilbao, Black, Block, Bolz, Boyle, Chadderdon(Chadderdon), H 251, H 252, H 253, H 254, and H 260 to the Governor at Collins, Crane, DeMordaunt, Eskridge, Guthrie, Hagedorn, 12:29 p.m., as of this date, March 31, 2011. Hartgen, Harwood, Lake, Marriott, McMillan, Nesset, Nielsen, WILLS, Chairman Nonini, Palmer, Patrick, Raybould, Roberts, Schaefer, Shepherd, Shirley, Simpson, Sims, Stevenson, Takasugi(Batt), Thayn, There being no objection, the House advanced to the Eighth Thompson, Vander Woude, Wills, Wood(27), Wood(35), Order of Business. Mr. Speaker. Total – 44. Introduction, First Reading, and Reference NAYS – Bateman, Buckner-Webb, Burgoyne, Chew, Cronin, of Bills and Joint Resolutions Ellsworth, Gibbs(Wheeler), Higgins, Jaquet, Killen, King, Lacey, Loertscher, McGeachin, Moyle, Pence, Ringo, Rusche, S 1193, by State Affairs Committee, was introduced, read Smith(30), Trail. Total – 20. the first time by title, and referred to the Commerce and Human Absent and excused – Anderson, Hart, Henderson, Luker, Resources Committee. Perry, Smith(24). Total – 6. Total – 70. S 1195 and S 1196, by Finance Committee, were introduced, read the first time by title, and filed for second reading. Whereupon the Speaker Pro Tem declared the motion carried. First Reading of Engrossed Bills The question being, "Shall S 1184 pass?" H 300, as amended, by Ways and Means Committee, was introduced, read the first time by title, and filed for second Roll call resulted as follows: reading. AYES – Anderson, Barbieri, Barrett, Bayer, Bedke, Bilbao, Second Reading of Bills and Joint Resolutions Black, Block, Boyle, Chadderdon(Chadderdon), Collins, Crane, DeMordaunt, Gibbs(Wheeler), Guthrie, Hagedorn, Hart, Hartgen, S 1179, by Judiciary and Rules Committee, was read the Harwood, Henderson, Lake, Marriott, McMillan, Nielsen, second time by title and filed for third reading. Nonini, Palmer, Patrick, Perry, Raybould, Roberts, Schaefer, Shepherd, Shirley, Simpson, Sims, Stevenson, Takasugi(Batt), S 1165, S 1156, and S 1186, by State Affairs Committee, Thayn, Thompson, Vander Woude, Wills, Wood(27), Wood(35), were read the second time by title and filed for third reading. Mr. Speaker. Total – 44. S 1189 and S 1190, by Finance Committee, were read the NAYS – Andrus, Bateman, Bell, Bolz, Buckner-Webb, second time by title and filed for third reading. Burgoyne, Chew, Cronin, Ellsworth, Eskridge, Higgins, Jaquet, Killen, King, Lacey, Loertscher, Luker, McGeachin, Moyle, S 1111, as amended in the House, by Education Committee, Nesset, Pence, Ringo, Rusche, Smith(30), Smith(24), Trail. was read the second time by title and filed for third reading. Total – 26. Paired Votes: S 1085, as amended in the House, by Agricultural Affairs AYE – Wood(27) NAY – Smith(24) Committee, was read the second time by title and filed for third reading. AYE – Henderson NAY – Luker AYE – Perry NAY – Nesset H 95, as amended, as amended in the Senate, by Local AYE – Hart NAY – Loertscher Government Committee, was read the second time by title and AYE – Anderson NAY – McGeachin filed for third reading. (Pairs enumerated in roll call above.) H 314, by Education Committee, was read the second time Total – 70. by title and filed for third reading. Whereupon the Speaker Pro Tem declared that S 1184 passed H 308 and H 316, by State Affairs Committee, were read the the House. Title was approved and the bill ordered returned to the second time by title and filed for third reading. Senate. S 1094, by Transportation Committee, was read the second There being no objection, the House advanced to the time by title and filed for third reading. Sixteenth Order of Business. Third Reading of Bills and Joint Resolutions Adjournment Mr. Moyle asked unanimous consent that S 1184 be placed at Mr. Moyle moved that the House adjourn until 10 a.m., the top of the Third Reading Calendar. There being no objection, Monday, April 4, 2011. Seconded by Mr. Rusche. Motion carried. it was so ordered. Whereupon the Speaker declared the House adjourned at S 1184 was read the third time at length, section by section, 12:55 p.m. and placed before the House for final consideration. LAWERENCE DENNEY, Speaker At this time, the Speaker recognized Mr. Nonini to open ATTEST: debate. BONNIE ALEXANDER, Chief Clerk [April 4, 2011 HOUSE JOURNAL 281

HOUSE JOURNAL Independence of the United States of America, the two hundred and thirty-fifth year. OF THE /s/ C.L. "BUTCH" OTTER Governor IDAHO LEGISLATURE /s/ BEN T. YSURSA Secretary of State FIRST REGULAR SESSION SIXTY-FIRST LEGISLATURE The Certificate of Appointment was ordered filed in the office of the Chief Clerk. The Speaker announced the oath of office had previously been administered to Yvonne McCoy. EIGHTY-FIFTH LEGISLATIVE DAY MONDAY, APRIL 4, 2011 OFFICE OF THE GOVERNOR Boise April 1, 2011 House of Representatives The Honorable Lawerence Denney The House convened at 10 a.m., the Speaker in the Chair. Speaker of the House Roll call showed all 70 members present. Dear Mr. Speaker: Prayer was offered by Chaplain Tom Dougherty. I have the honor to advise you that I have signed today and am transmitting to the Secretary of State the following House The Pledge of Allegiance was led by Jenee Walters, Page. bills, to wit: H 244, H 245, and H 249 Approval of Journal As Always - Idaho, "Esto Perpetua" April 4, 2011 /s/ C.L. "Butch" Otter Mr. Speaker: Governor We, your COMMITTEE ON JUDICIARY, RULES, AND ADMINISTRATION, report that we have read and approved the House Journal of the Eighty-second Legislative Day and April 1, 2011 recommend that same be adopted as corrected. Mr. Speaker: WILLS, Chairman I return herewith enrolled H 236, HCR 22, HCR 23, HCR 3, H 140, as amended in the Senate, H 183, as amended in the Mr. Wills moved that the report be adopted. Seconded by Senate, and H 147, as amended in the Senate, which have been Mr. Burgoyne. Report adopted. signed by the President. WOOD, Secretary Consideration of Messages from the Enrolled H 236, H 140, as amended in the Senate, H 183, Governor and the Senate as amended in the Senate, and H 147, as amended in the Senate, were referred to the Judiciary, Rules, and Administration Committee for delivery to the Governor. THE OFFICE OF THE GOVERNOR EXECUTIVE DEPARTMENT BOISE, IDAHO Enrolled HCR 22, HCR 23, and HCR 3 were referred to the Judiciary, Rules, and Administration Committee for delivery CERTIFICATE OF APPOINTMENT to the Secretary of State. KNOW ALL MEN, by these Presents that Cherie April 1, 2011 Buckner-Webb, State Representative, District 19, House Seat A, Mr. Speaker: Ada County County, State of Idaho, pursuant to the provisions I transmit herewith S 1200 and S 1201 which have passed of Section 59-917, Idaho Code, has nominated Yvonne McCoy the Senate. of Boise, Idaho, to perform the duties of this office temporarily WOOD, Secretary as Acting State Representative. NOW, THEREFORE, I, C.L. "BUTCH" OTTER, Governor S 1200 and S 1201 were filed for first reading. of the State of Idaho, by virtue of the authority vested in me by Section 59-917, Idaho Code, do hereby appoint Yvonne April 1, 2011 McCoy, Acting State Representative, District 19, House Seat A, Mr. Speaker: Ada County County, State of Idaho, for a term commencing on I return herewith H 5, H 218, H 301, H 227, as amended, April 4, 2011, and continuing until the incumbent shall resume H 234, H 272, H 262, and H 280 which have passed the Senate. the performance of the duties or a vacancy occurs in such office. WOOD, Secretary IN TESTIMONY WHEREOF, I have hereunto set my hand and caused to be affixed the Great Seal of the State of Idaho. H 5, H 218, H 301, H 227, as amended, H 234, H 272, Done at Boise, the Capital of Idaho, this 31st day of March, H 262, and H 280 were referred to the Judiciary, Rules, and in the year of our Lord two thousand and eleven and of the Administration Committee for enrolling. 282 HOUSE JOURNAL April 4, 2011]

Report of Standing Committees RELATING TO WOLVES; AMENDING CHAPTER 58, TITLE 67, IDAHO CODE, BY THE ADDITION OF A April 4, 2011 NEW SECTION 67-5805, IDAHO CODE, TO PROVIDE Mr. Speaker: LEGISLATIVE FINDINGS AND INTENT; AMENDING We, your COMMITTEE ON JUDICIARY, RULES, AND CHAPTER 58, TITLE 67, IDAHO CODE, BY THE ADMINISTRATION, report that we have enrolled H 210, H 228, ADDITION OF A NEW SECTION 67-5806, IDAHO CODE, H 194, H 213, H 214, H 163, H 286, H 287, H 288, H 289, TO PROVIDE FOR DECLARATIONS OF EMERGENCY; H 290, H 291, H 292, H 293, H 294, H 224, H 206, H 269, AMENDING CHAPTER 58, TITLE 67, IDAHO CODE, BY H 270, H 181, as amended, H 207, as amended, H 159, H 83, THE ADDITION OF A NEW SECTION 67-5807, IDAHO and H 175. CODE, TO PROVIDE A PROCEDURE FOR ISSUANCE WILLS, Chairman OF EXECUTIVE ORDERS AND PROCLAMATIONS The Speaker announced he was about to sign enrolled H 210, RELATING TO CERTAIN DISASTER EMERGENCIES, TO H 228, H 194, H 213, H 214, H 163, H 286, H 287, H 288, REQUIRE THE OFFICE OF SPECIES CONSERVATION TO H 289, H 290, H 291, H 292, H 293, H 294, H 224, H 206, TAKE CERTAIN STEPS, TO PROVIDE FOR APPEAL, TO H 269, H 270, H 181, as amended, H 207, as amended, H 159, PROVIDE FOR THE DURATION OF AND TERMINATION H 83, and H 175 and, when so signed, ordered them transmitted OF EXECUTIVE ORDERS AND PROCLAMATIONS, TO to the Senate for the signature of the President. PROVIDE FOR CONTENT OF EXECUTIVE ORDERS AND PROCLAMATIONS AND TO PROVIDE FOR April 4, 2011 THE DISSEMINATION OF FILING OF EXECUTIVE Mr. Speaker: ORDERS AND PROCLAMATIONS; AND DECLARING AN We, your COMMITTEE ON JUDICIARY, RULES, AND EMERGENCY. ADMINISTRATION, report that we have engrossed H 137, as amended, as amended in the Senate, and H 205, as amended in HOUSE BILL NO. 344 the Senate. BY EDUCATION COMMITTEE WILLS, Chairman AN ACT RELATING TO FISCAL MATTERS OF SCHOOL H 137, as amended, as amended in the Senate, and H 205, as DISTRICTS; PROVIDING PROVISIONS RELATING TO amended in the Senate, were filed for first reading of engrossed CERTAIN MAINTENANCE MATCH MONEYS FOR bills. THE MAINTENANCE AND REPAIR OF CERTAIN STUDENT-OCCUPIED BUILDINGS; AMENDING SECTION April 4, 2011 33-801, IDAHO CODE, TO REVISE PROVISIONS RELATING Mr. Speaker: TO THE BOARD OF TRUSTEES OF EACH SCHOOL We, your COMMITTEE ON JUDICIARY, RULES, AND DISTRICT'S PREPARATION OF A BUDGET; AMENDING ADMINISTRATION, report that we have transmitted enrolled SECTION 33-804, IDAHO CODE, TO REVISE PROVISIONS H 258, H 187, H 225, H 226, H 22, H 24, H 25, H 31, H 136, RELATING TO CERTAIN PLANT FACILITY LEVIES AND H 138, H 39, H 150, as amended, H 151, H 179, H 124, H 217, TO REVISE PROVISIONS RELATING TO THE FIRST TAX H 88, H 165, H 259, H 276, H 235, H 284, and H 285 to the YEAR OF CONVERSION; PROVIDING SEVERABILITY; Governor at 9:10 a.m., as of this date, April 1, 2011. DECLARING AN EMERGENCY AND PROVIDING WILLS, Chairman EFFECTIVE DATES. April 1, 2011 Mr. Speaker: HOUSE BILL NO. 345 We, your COMMITTEE ON RESOURCES AND BY EDUCATION COMMITTEE CONSERVATION, report that we have had under consideration AN ACT S 1197 and recommend that it do pass. RELATING TO EDUCATION; AMENDING SECTION STEVENSON, Chairman 33-1002A, IDAHO CODE, AS ADDED BY SECTION 6 OF SENATE BILL NO. 1184, AS ENACTED BY THE S 1197 was filed for second reading. FIRST REGULAR SESSION OF THE SIXTY-FIRST IDAHO LEGISLATURE, TO REVISE PROVISIONS RELATING There being no objection, the House advanced to the Eighth TO FRACTIONAL DAILY ATTENDANCE; AMENDING Order of Business. SECTION 33-1004, IDAHO CODE, AS AMENDED IN Introduction, First Reading, and Reference SECTION 7 OF SENATE BILL NO. 1184, AS ENACTED BY of Bills and Joint Resolutions THE FIRST REGULAR SESSION OF THE SIXTY-FIRST IDAHO LEGISLATURE, TO REVISE PROVISIONS HOUSE BILL NO. 342 RELATING TO STAFF ALLOWANCES AND FUNDED BY WAYS AND MEANS COMMITTEE POSITIONS; AMENDING SECTION 33-1004A, IDAHO AN ACT CODE, AS AMENDED IN SECTION 8 OF SENATE BILL RELATING TO THE LOCAL PLANNING ACT; NO. 1184, AS ENACTED BY THE FIRST REGULAR AMENDING CHAPTER 65, TITLE 67, IDAHO CODE, SESSION OF THE SIXTY-FIRST IDAHO LEGISLATURE, BY THE ADDITION OF A NEW SECTION 67-6539, TO REVISE PROVISIONS RELATING TO THE EDUCATION IDAHO CODE, TO DEFINE TERMS AND TO PROVIDE PORTION OF THE EXPERIENCE AND EDUCATION PROCEDURES AND STANDARDS FOR THE SITING OF MULTIPLIER TABLE; AMENDING SECTION 33-1004E, WIND ENERGY FACILITIES. IDAHO CODE, AS AMENDED IN SECTION 9 OF SENATE BILL NO. 1184, AS ENACTED BY THE FIRST REGULAR HOUSE BILL NO. 343 SESSION OF THE SIXTY-FIRST IDAHO LEGISLATURE, BY WAYS AND MEANS COMMITTEE TO REVISE PROVISIONS RELATING TO CERTAIN STAFF AN ACT SALARIES; AMENDING SECTION 33-1020, IDAHO [April 4, 2011 HOUSE JOURNAL 283

CODE, AS AMENDED IN SECTION 11 OF SENATE BILL Chadderdon(Chadderdon), Chew, Collins, Crane, DeMordaunt, NO. 1184, AS ENACTED BY THE FIRST REGULAR Ellsworth, Eskridge, Gibbs(Wheeler), Guthrie, Hagedorn, Hart, SESSION OF THE SIXTY-FIRST IDAHO LEGISLATURE, Hartgen, Harwood, Henderson, Higgins, Killen, King, Lacey, TO REVISE PROVISIONS RELATING TO IDAHO DIGITAL Lake, Loertscher, Luker, Marriott, McGeachin, McMillan, LEARNING ACADEMY FUNDING; AMENDING SECTION Moyle, Nesset, Nielsen, Nonini, Palmer, Patrick, Pence, Perry, 33-1021, IDAHO CODE, AS ADDED BY SECTION 12 Raybould, Roberts, Schaefer, Shepherd, Shirley, Simpson, OF SENATE BILL NO. 1184, AS ENACTED BY THE Sims, Smith(30), Smith(24), Stevenson, Takasugi(Batt), Thayn, FIRST REGULAR SESSION OF THE SIXTY-FIRST IDAHO Thompson, Trail, Vander Woude, Wills, Wood(27), Wood(35), LEGISLATURE, TO REVISE PROVISIONS RELATING Mr. Speaker. Total – 64. TO THE DISTRIBUTION OF MONEYS FOR CERTAIN NAYS – Andrus, Buckner-Webb(McCoy), Cronin, Jaquet, MATH AND SCIENCE COURSES; AMENDING SECTION Ringo, Rusche. Total – 6. 33-1626, IDAHO CODE, AS ADDED BY SECTION 14 Total – 70. OF SENATE BILL NO. 1184, AS ENACTED BY THE FIRST REGULAR SESSION OF THE SIXTY-FIRST IDAHO Whereupon the Speaker declared H 95, as amended, as LEGISLATURE, TO REVISE PROVISIONS RELATING TO amended in the Senate, passed the House. Title was approved DUAL CREDIT; AMENDING SECTION 33-5216, IDAHO and the bill referred to the Judiciary, Rules, and Administration CODE, AS ADDED BY SECTION 16 OF SENATE BILL NO. Committee for enrolling. 1184, AS ENACTED BY THE FIRST REGULAR SESSION H 314 was read the third time at length, section by section, OF THE SIXTY-FIRST IDAHO LEGISLATURE, TO REVISE and placed before the House for final consideration. PROVISIONS RELATING TO PUBLIC POSTSECONDARY INSTITUTIONS AND CERTAIN PUBLIC CHARTER HIGH At this time, the Speaker recognized Mr. Thayn to open SCHOOLS; AMENDING SECTION 19 OF SENATE BILL NO. debate. 1184, AS ENACTED BY THE FIRST REGULAR SESSION OF THE SIXTY-FIRST IDAHO LEGISLATURE, TO REVISE Mr. Nonini asked unanimous consent that H 314 be returned PROVISIONS RELATING TO THE DECLARATION OF to the Education Committee. Mr. Rusche objected. AN EMERGENCY AND EFFECTIVE DATES; PROVIDING Mr. Nonini moved that H 314 be returned to the Education SEVERABILITY; AND DECLARING AN EMERGENCY. Committee. Seconded by Mr. Bedke. H 342, H 343, H 344, and H 345 were introduced, read The question being, "Shall the motion carry?" the first time by title, and referred to the Judiciary, Rules, and Administration Committee for printing. Roll call resulted as follows: S 1200 and S 1201, by Finance Committee, were introduced, AYES – Anderson, Andrus, Barbieri, Barrett, read the first time by title, and filed for second reading. Bateman, Bayer, Bedke, Bell, Bilbao, Block, Bolz, Boyle, Chadderdon(Chadderdon), Collins, Crane, DeMordaunt, First Reading of Engrossed Bills Gibbs(Wheeler), Guthrie, Hagedorn, Hart, Hartgen, Harwood, Henderson, Lake, Loertscher, Luker, Marriott, McGeachin, H 137, as amended, as amended in the Senate, by Resources McMillan, Moyle, Nesset, Nielsen, Nonini, Palmer, Patrick, and Conservation Committee, was introduced, read the first time Perry, Raybould, Schaefer, Shepherd, Shirley, Simpson, Sims, by title, and filed for second reading. Smith(24), Stevenson, Takasugi(Batt), Thayn, Thompson, Trail, H 205, as amended in the Senate, by Education Committee, Vander Woude, Wills, Wood(27), Wood(35), Mr. Speaker. was introduced, read the first time by title, and filed for second Total – 53. reading. NAYS – Black, Buckner-Webb(McCoy), Burgoyne, Chew, Cronin, Ellsworth, Eskridge, Higgins, Jaquet, Killen, King, Second Reading of Bills and Joint Resolutions Lacey, Pence, Ringo, Rusche, Smith(30). Total – 16. Absent and excused – Roberts. Total – 1. H 338 and H 341, by Appropriations Committee, were read Total – 70. the second time by title and filed for third reading. Whereupon the Speaker declared the motion carried and S 1195 and S 1196, by Finance Committee, were read the H 314 was returned to the Education Committee. second time by title and filed for third reading. H 308 was read the third time at length, section by section, H 300, as amended, by Ways and Means Committee, was and placed before the House for final consideration. read the second time by title and filed for third reading. At this time, the Speaker recognized Mr. Simpson to open Third Reading of Bills and Joint Resolutions debate. H 95, as amended, as amended in the Senate, was read the The question being, "Shall H 308 pass?" third time at length, section by section, and placed before the House for final consideration. Roll call resulted as follows: At this time, the Speaker recognized Mr. Moyle to open AYES – Anderson, Andrus, Barbieri, Barrett, Bateman, debate. Bayer, Bedke, Bell, Bilbao, Black, Block, Bolz, Boyle, Buckner-Webb(McCoy), Burgoyne, Chadderdon(Chadderdon), The question being, "Shall H 95, as amended, as amended in Collins, Crane, Cronin, DeMordaunt, Ellsworth, Eskridge, the Senate, pass?" Gibbs(Wheeler), Guthrie, Hagedorn, Hart, Hartgen, Harwood, Henderson, Higgins, Jaquet, King, Lacey, Lake, Loertscher, Roll call resulted as follows: Luker, Marriott, McGeachin, McMillan, Moyle, Nesset, Nielsen, AYES – Anderson, Barbieri, Barrett, Bateman, Bayer, Nonini, Palmer, Patrick, Pence, Perry, Raybould, Roberts, Bedke, Bell, Bilbao, Black, Block, Bolz, Boyle, Burgoyne, Rusche, Schaefer, Shepherd, Shirley, Simpson, Sims, Smith(30), 284 HOUSE JOURNAL April 4, 2011]

Smith(24), Stevenson, Takasugi(Batt), Thayn, Thompson, Trail, The question being, "Shall S 1190 pass?" Vander Woude, Wills, Wood(27), Wood(35), Mr. Speaker. Total – 67. Roll call resulted as follows: NAYS – Chew, Killen, Ringo. Total – 3. AYES – Anderson, Andrus, Barbieri, Barrett, Bateman, Total – 70. Bayer, Bedke, Bell, Bilbao, Black, Block, Bolz, Boyle, Buckner-Webb(McCoy), Burgoyne, Chadderdon(Chadderdon), Whereupon the Speaker declared that H 308 passed the Chew, Collins, Crane, Cronin, DeMordaunt, Ellsworth, Eskridge, House. Title was approved and the bill ordered transmitted to Gibbs(Wheeler), Guthrie, Hagedorn, Hart, Hartgen, Harwood, the Senate. Henderson, Higgins, Jaquet, Killen, King, Lacey, Lake, H 316 was read the third time at length, section by section, Loertscher, Luker, Marriott, McGeachin, McMillan, Moyle, and placed before the House for final consideration. Nesset, Nielsen, Nonini, Palmer, Patrick, Pence, Perry, Raybould, Ringo, Roberts, Rusche, Schaefer, Shepherd, Shirley, Simpson, At this time, the Speaker recognized Mr. Simpson to open Sims, Smith(30), Smith(24), Stevenson, Takasugi(Batt), Thayn, debate. Thompson, Trail, Vander Woude, Wills, Wood(27), Wood(35), Mr. Speaker. Total – 70. The question being, "Shall H 316 pass?" NAYS – None. Roll call resulted as follows: Whereupon the Speaker declared that S 1190 passed the AYES – Anderson, Andrus, Barbieri, Barrett, Bateman, House. Title was approved and the bill ordered returned to the Bayer, Bedke, Bell, Bilbao, Black, Block, Bolz, Boyle, Senate. Buckner-Webb(McCoy), Burgoyne, Chadderdon(Chadderdon), Chew, Collins, Crane, Cronin, DeMordaunt, Ellsworth, Eskridge, There being no objection, the House returned to the Seventh Gibbs(Wheeler), Guthrie, Hagedorn, Hart, Hartgen, Harwood, Order of Business. Henderson, Higgins, Jaquet, Killen, King, Lacey, Lake, Motions, Memorials, and Resolutions Loertscher, Luker, Marriott, McGeachin, McMillan, Moyle, Nesset, Nielsen, Nonini, Palmer, Patrick, Pence, Perry, Raybould, Mr. Moyle moved that all rules of the House interfering with Ringo, Roberts, Rusche, Schaefer, Shepherd, Shirley, Simpson, the immediate consideration of H 338 be suspended; that the Sims, Smith(30), Smith(24), Stevenson, Takasugi(Batt), Thayn, portions of Section 15, Article 3 of the Constitution of the State Thompson, Trail, Vander Woude, Wills, Wood(27), Wood(35), of Idaho, requiring all bills to be read on three several days be Mr. Speaker. Total – 70. dispensed with, this being a case of urgency; and that H 338 be NAYS – None. read the first time by title, second time by title, and third time at length, section by section, and placed before the House for final Whereupon the Speaker declared that H 316 passed the consideration. Seconded by Mr. Rusche. House. Title was approved and the bill ordered transmitted to the Senate. The question being, "Shall the rules be suspended?"

S 1189 was read the third time at length, section by section, Roll call resulted as follows: and placed before the House for final consideration. AYES – Anderson, Andrus, Barbieri, Barrett, Bateman, At this time, the Speaker recognized Mr. Wood(27) to open Bayer, Bedke, Bell, Bilbao, Black, Block, Bolz, Boyle, debate. Buckner-Webb(McCoy), Burgoyne, Chadderdon(Chadderdon), Chew, Collins, Crane, Cronin, DeMordaunt, Ellsworth, Eskridge, The question being, "Shall S 1189 pass?" Gibbs(Wheeler), Guthrie, Hagedorn, Hart, Hartgen, Harwood, Henderson, Higgins, Jaquet, Killen, King, Lacey, Lake, Roll call resulted as follows: Loertscher, Luker, Marriott, McGeachin, McMillan, Moyle, AYES – Anderson, Andrus, Barbieri, Barrett, Bateman, Nesset, Nielsen, Nonini, Palmer, Patrick, Pence, Perry, Raybould, Bayer, Bedke, Bell, Bilbao, Black, Block, Bolz, Boyle, Ringo, Roberts, Rusche, Schaefer, Shepherd, Shirley, Simpson, Buckner-Webb(McCoy), Burgoyne, Chadderdon(Chadderdon), Sims, Smith(30), Smith(24), Stevenson, Takasugi(Batt), Thayn, Chew, Collins, Crane, Cronin, DeMordaunt, Ellsworth, Eskridge, Thompson, Trail, Vander Woude, Wills, Wood(27), Wood(35), Gibbs(Wheeler), Guthrie, Hagedorn, Hart, Hartgen, Harwood, Mr. Speaker. Total – 70. Henderson, Higgins, Jaquet, Killen, King, Lacey, Lake, NAYS – None. Loertscher, Luker, Marriott, McGeachin, Moyle, Nesset, Nielsen, Nonini, Palmer, Patrick, Pence, Perry, Raybould, Ringo, Roberts, Whereupon the Speaker declared that more than two-thirds Rusche, Schaefer, Shepherd, Shirley, Simpson, Sims, Smith(30), of the membership having voted in the affirmative, the motion Smith(24), Stevenson, Takasugi(Batt), Thayn, Thompson, Trail, carried, the rules were suspended, and H 338 was read the first Vander Woude, Wills, Wood(27), Wood(35), Mr. Speaker. time by title, second time by title, and third time at length, section Total – 69. by section, and placed before the House for final consideration. NAYS – McMillan. Total – 1. At this time, the Speaker recognized Mr. Wood(27) to open Total – 70. debate. Whereupon the Speaker declared that S 1189 passed the The question being, "Shall H 338 pass?" House. Title was approved and the bill ordered returned to the Senate. Roll call resulted as follows: S 1190 was read the third time at length, section by section, AYES – Anderson, Andrus, Barrett, Bateman, Bedke, Bell, and placed before the House for final consideration. Bilbao, Black, Block, Bolz, Boyle, Buckner-Webb(McCoy), Burgoyne, Chadderdon(Chadderdon), Chew, Collins, Crane, At this time, the Speaker recognized Mrs. Ringo to open Cronin, DeMordaunt, Ellsworth, Eskridge, Gibbs(Wheeler), debate. Guthrie, Hagedorn, Hartgen, Henderson, Higgins, Jaquet, Killen, [April 4, 2011 HOUSE JOURNAL 285

King, Lacey, Lake, Loertscher, Luker, Marriott, McGeachin, Mr. Lake asked unanimous consent that, pursuant to Rule 22, Moyle, Nesset, Nielsen, Nonini, Palmer, Patrick, Pence, Perry, discussion of other bills be allowed in debate of H 341. There Raybould, Ringo, Roberts, Rusche, Schaefer, Shepherd, Shirley, being no objection it was so ordered. Simpson, Smith(30), Smith(24), Stevenson, Takasugi(Batt), Thayn, Thompson, Trail, Vander Woude, Wills, Wood(27), The question being, "Shall H 341 pass?" Wood(35), Mr. Speaker. Total – 64. NAYS – Barbieri, Harwood, McMillan, Sims. Total – 4. Roll call resulted as follows: Absent and excused – Bayer, Hart. Total – 2. AYES – Anderson, Andrus, Bateman, Bayer, Bedke, Bell, Total – 70. Bilbao, Black, Block, Bolz, Boyle, Chadderdon(Chadderdon), Collins, Crane, DeMordaunt, Ellsworth, Eskridge, Whereupon the Speaker declared that H 338 passed the Gibbs(Wheeler), Guthrie, Hart, Hartgen, Henderson, Loertscher, House. Title was approved and the bill ordered transmitted to Luker, McGeachin, McMillan, Moyle, Nesset, Nielsen, Nonini, the Senate. Palmer, Patrick, Perry, Raybould, Roberts, Shepherd, Shirley, Simpson, Sims, Smith(24), Stevenson, Takasugi(Batt), Thayn, Mr. Moyle moved that all rules of the House interfering with Thompson, Vander Woude, Wills, Wood(27), Wood(35), the immediate consideration of H 341 be suspended; that the Mr. Speaker. Total – 49. portions of Section 15, Article 3 of the Constitution of the State NAYS – Barbieri, Barrett, Buckner-Webb(McCoy), of Idaho, requiring all bills to be read on three several days be Burgoyne, Chew, Cronin, Harwood, Higgins, Jaquet, Killen, dispensed with, this being a case of urgency; and that H 341 be King, Lacey, Lake, Marriott, Pence, Ringo, Rusche, Schaefer, read the first time by title, second time by title, and third time at Smith(30), Trail. Total – 20. length, section by section, and placed before the House for final Absent and excused – Hagedorn. Total – 1. consideration. Seconded by Mr. Rusche. Total – 70. The question being, "Shall the rules be suspended?" Whereupon the Speaker declared that H 341 passed the House. Title was approved and the bill ordered transmitted to Roll call resulted as follows: the Senate. AYES – Anderson, Andrus, Barbieri, Barrett, Bateman, Mr. Moyle moved that all rules of the House interfering with Bayer, Bedke, Bell, Bilbao, Black, Block, Bolz, Boyle, the immediate consideration of S 1195 be suspended; that the Buckner-Webb(McCoy), Burgoyne, Chadderdon(Chadderdon), portions of Section 15, Article 3 of the Constitution of the State Chew, Collins, Crane, Cronin, DeMordaunt, Ellsworth, Eskridge, of Idaho, requiring all bills to be read on three several days be Gibbs(Wheeler), Guthrie, Hagedorn, Hart, Hartgen, Harwood, dispensed with, this being a case of urgency; and that S 1195 be Henderson, Higgins, Jaquet, Killen, King, Lacey, Lake, read the first time by title, second time by title, and third time at Loertscher, Luker, Marriott, McGeachin, McMillan, Moyle, length, section by section, and placed before the House for final Nesset, Nielsen, Nonini, Palmer, Patrick, Pence, Perry, Raybould, consideration. Seconded by Mr. Rusche. Ringo, Roberts, Rusche, Schaefer, Shepherd, Shirley, Simpson, Sims, Smith(30), Smith(24), Stevenson, Takasugi(Batt), Thayn, The question being, "Shall the rules be suspended?" Thompson, Trail, Vander Woude, Wills, Wood(27), Wood(35), Mr. Speaker. Total – 70. Roll call resulted as follows: NAYS – None. AYES – Anderson, Andrus, Barbieri, Barrett, Bateman, Bayer, Bedke, Bell, Bilbao, Black, Block, Bolz, Boyle, Whereupon the Speaker declared that more than two-thirds Buckner-Webb(McCoy), Burgoyne, Chadderdon(Chadderdon), of the membership having voted in the affirmative, the motion Chew, Collins, Crane, Cronin, DeMordaunt, Ellsworth, Eskridge, carried, the rules were suspended, and H 341 was read the first Gibbs(Wheeler), Guthrie, Hagedorn, Hart, Hartgen, Harwood, time by title, second time by title, and third time at length, section Henderson, Higgins, Jaquet, Killen, King, Lacey, Lake, by section, and placed before the House for final consideration. Loertscher, Luker, Marriott, McGeachin, McMillan, Moyle, Nesset, Nielsen, Nonini, Palmer, Patrick, Pence, Perry, Raybould, Ringo, Roberts, Rusche, Schaefer, Shepherd, Shirley, Simpson, At this time, the Speaker recognized Mr. Wood(27) to open Sims, Smith(30), Smith(24), Stevenson, Takasugi(Batt), Thayn, debate. Thompson, Trail, Vander Woude, Wills, Wood(27), Wood(35), Mr. Moyle moved that the House recess until Mr. Speaker. Total – 70. 3 p.m. Seconded by Mr. Bedke. Motion carried. NAYS – None. Whereupon the Speaker declared that more than two-thirds Whereupon the Speaker declared the House at recess until of the membership having voted in the affirmative, the motion 3 p.m. carried, the rules were suspended, and S 1195 was read the first time by title, second time by title, and third time at length, section RECESS by section, and placed before the House for final consideration. Afternoon Session At this time, the Speaker recognized Mr. Wood(27) to open The House reconvened at 3 p.m., the Speaker in the Chair. debate. Prior to recess, the House was at the Seventh Order of The question being, "Shall S 1195 pass?" Business.

Motions, Memorials, and Resolutions Roll call resulted as follows: AYES – Anderson, Andrus, Barbieri, Barrett, Bateman, H 341 previously read, was before the House for final Bayer, Bedke, Bell, Bilbao, Black, Block, Bolz, Boyle, consideration. Chadderdon(Chadderdon), Collins, Crane, DeMordaunt, 286 HOUSE JOURNAL April 4, 2011]

Ellsworth, Eskridge, Gibbs(Wheeler), Guthrie, Hart, Hartgen, NAYS – Barbieri, Buckner-Webb(McCoy), Burgoyne, Chew, Harwood, Henderson, Higgins, Lacey, Lake, Loertscher, Luker, Cronin, Jaquet, Killen, King, Pence, Ringo, Rusche. Total – 11. Marriott, McGeachin, McMillan, Moyle, Nesset, Nielsen, Nonini, Absent and excused – Hagedorn. Total – 1. Palmer, Patrick, Perry, Raybould, Roberts, Schaefer, Shepherd, Total – 70. Shirley, Simpson, Sims, Smith(24), Stevenson, Takasugi(Batt), Thayn, Thompson, Vander Woude, Wills, Wood(27), Wood(35), Whereupon the Speaker declared that S 1196 passed the Mr. Speaker. Total – 57. House. Title was approved and the bill ordered returned to the NAYS – Buckner-Webb(McCoy), Burgoyne, Chew, Cronin, Senate. Jaquet, Killen, King, Pence, Ringo, Rusche, Smith(30), Trail. Total – 12. Absent and excused – Hagedorn. Total – 1. Mr. Moyle moved that all rules of the House interfering with Total – 70. the immediate consideration of H 300, as amended, be suspended; that the portions of Section 15, Article 3 of the Constitution of the State of Idaho, requiring all bills to be read on three several days Whereupon the Speaker declared that S 1195 passed the be dispensed with, this being a case of urgency; and that H 300, House. Title was approved and the bill ordered returned to the as amended, be read the first time by title, second time by title, Senate. and third time at length, section by section, and placed before the House for final consideration. Seconded by Mr. Rusche. Mr. Moyle moved that all rules of the House interfering with the immediate consideration of S 1196 be suspended; that the The question being, "Shall the rules be suspended?" portions of Section 15, Article 3 of the Constitution of the State of Idaho, requiring all bills to be read on three several days be Roll call resulted as follows: dispensed with, this being a case of urgency; and that S 1196 be AYES – Anderson, Andrus, Barbieri, Barrett, Bateman, read the first time by title, second time by title, and third time at Bayer, Bedke, Bell, Bilbao, Black, Block, Bolz, Boyle, length, section by section, and placed before the House for final Buckner-Webb(McCoy), Burgoyne, Chadderdon(Chadderdon), consideration. Seconded by Mr. Rusche. Chew, Collins, Crane, Cronin, DeMordaunt, Ellsworth, Eskridge, Gibbs(Wheeler), Guthrie, Hagedorn, Hart, Hartgen, Harwood, The question being, "Shall the rules be suspended?" Henderson, Higgins, Jaquet, Killen, King, Lacey, Lake, Loertscher, Luker, Marriott, McGeachin, McMillan, Moyle, Roll call resulted as follows: Nesset, Nielsen, Nonini, Palmer, Patrick, Pence, Perry, Raybould, AYES – Anderson, Andrus, Barbieri, Barrett, Bateman, Ringo, Roberts, Rusche, Schaefer, Shepherd, Shirley, Simpson, Bayer, Bedke, Bell, Bilbao, Black, Block, Bolz, Boyle, Sims, Smith(30), Smith(24), Stevenson, Takasugi(Batt), Thayn, Buckner-Webb(McCoy), Burgoyne, Chadderdon(Chadderdon), Thompson, Trail, Vander Woude, Wills, Wood(27), Wood(35), Chew, Collins, Crane, Cronin, DeMordaunt, Ellsworth, Eskridge, Mr. Speaker. Total – 70. Gibbs(Wheeler), Guthrie, Hagedorn, Hart, Hartgen, Harwood, NAYS – None. Henderson, Higgins, Jaquet, Killen, King, Lacey, Lake, Loertscher, Luker, Marriott, McGeachin, McMillan, Moyle, Nesset, Nielsen, Nonini, Palmer, Patrick, Pence, Perry, Raybould, Whereupon the Speaker declared that more than two-thirds Ringo, Roberts, Rusche, Schaefer, Shepherd, Shirley, Simpson, of the membership having voted in the affirmative, the motion Sims, Smith(30), Smith(24), Stevenson, Takasugi(Batt), Thayn, carried, the rules were suspended, and H 300, as amended, was Thompson, Trail, Vander Woude, Wills, Wood(27), Wood(35), read the first time by title, second time by title, and third time at Mr. Speaker. Total – 70. length, section by section, and placed before the House for final NAYS – None. consideration. At this time, the Speaker recognized Mr. Bayer to open Whereupon the Speaker declared that more than two-thirds debate. of the membership having voted in the affirmative, the motion carried, the rules were suspended, and S 1196 was read the first The question being, "Shall H 300, as amended, pass?" time by title, second time by title, and third time at length, section by section, and placed before the House for final consideration. Roll call resulted as follows: AYES – Anderson, Bateman, Bayer, Bilbao, Black, Bolz, At this time, the Speaker recognized Mr. Wood(27) to open Buckner-Webb(McCoy), Burgoyne, Chew, Crane, Cronin, debate. Eskridge, Hagedorn, Henderson, Higgins, Jaquet, Killen, King, Lacey, Lake, Luker, McGeachin, McMillan, Nesset, Palmer, The question being, "Shall S 1196 pass?" Pence, Perry, Ringo, Roberts, Rusche, Shepherd, Shirley, Smith(30), Smith(24), Trail, Vander Woude, Wills, Wood(35). Roll call resulted as follows: Total – 38. AYES – Anderson, Andrus, Barrett, Bateman, NAYS – Andrus, Barbieri, Barrett, Bedke, Bell, Block, Bayer, Bedke, Bell, Bilbao, Black, Block, Bolz, Boyle, Boyle, Chadderdon(Chadderdon), Collins, DeMordaunt, Chadderdon(Chadderdon), Collins, Crane, DeMordaunt, Ellsworth, Gibbs(Wheeler), Guthrie, Hart, Hartgen, Harwood, Ellsworth, Eskridge, Gibbs(Wheeler), Guthrie, Hart, Hartgen, Loertscher, Marriott, Moyle, Nielsen, Nonini, Patrick, Raybould, Harwood, Henderson, Higgins, Lacey, Lake, Loertscher, Schaefer, Simpson, Sims, Stevenson, Takasugi(Batt), Thayn, Luker, Marriott, McGeachin, McMillan, Moyle, Nesset, Thompson, Wood(27), Mr. Speaker. Total – 32. Nielsen, Nonini, Palmer, Patrick, Perry, Raybould, Roberts, Paired Votes: Schaefer, Shepherd, Shirley, Simpson, Sims, Smith(30), Smith(24), Stevenson, Takasugi(Batt), Thayn, Thompson, Trail, AYE – Rusche NAY – Schaefer Vander Woude, Wills, Wood(27), Wood(35), Mr. Speaker. (Pairs enumerated in roll call above.) Total – 58. Total – 70. [April 4, 2011 HOUSE JOURNAL 287

Whereupon the Speaker declared that H 300, as There being no objection, the House advanced to the Eighth amended, passed the House. Title was approved and the bill Order of Business. ordered transmitted to the Senate. Introduction, First Reading, and Reference of Bills and Joint Resolutions There being no objection, the House returned to the Fourth Order of Business. HOUSE BILL NO. 346 BY EDUCATION COMMITTEE AN ACT Consideration of Messages from the RELATING TO CHARTER SCHOOLS; AMENDING Governor and the Senate SECTION 33-5203, IDAHO CODE, TO REMOVE THE CAP April 4, 2011 ON THE NUMBER OF NEW PUBLIC CHARTER SCHOOLS Mr. Speaker: THAT MAY BEGIN EDUCATIONAL INSTRUCTION IN I transmit herewith enrolled S 1100, S 1154, as amended, ANY ONE SCHOOL YEAR AND TO MAKE TECHNICAL S 1180, S 1181, S 1182, and S 1183 for the signature of the CORRECTIONS. Speaker. H 346 was introduced, read the first time by title, and WOOD, Secretary referred to the Judiciary, Rules, and Administration Committee The Speaker announced he was about to sign enrolled S 1100, for printing. S 1154, as amended, S 1180, S 1181, S 1182, and S 1183 and, when so signed, ordered them returned to the Senate. S 1203 and S 1204, by Finance Committee, were introduced, read the first time by title, and filed for second reading. April 4, 2011 Mr. Speaker: There being no objection, the House advanced to the I transmit herewith S 1203 and S 1204 which have passed Eleventh Order of Business. the Senate. WOOD, Secretary Third Reading of Bills and Joint Resolutions S 1203 and S 1204 were filed for first reading. Mr. Moyle asked unanimous consent that the remaining bills on the Third Reading Calendar retain their places for one legislative day. There being no objection, it was so ordered. April 4, 2011 Mr. Speaker: There being no objection, the House advanced to the I return herewith H 328, H 201, H 240, H 232, H 239, H 296, Sixteenth Order of Business. H 233, H 257, H 304, H 305, H 306, and H 309 which have passed the Senate. Adjournment WOOD, Secretary Mr. Moyle moved that the House adjourn until 10 a.m., H 328, H 201, H 240, H 232, H 239, H 296, H 233, H 257, Tuesday, April 5, 2011. Seconded by Mrs. Higgins. Motion H 304, H 305, H 306, and H 309 were referred to the Judiciary, carried. Rules, and Administration Committee for enrolling. Whereupon the Speaker declared the House adjourned at Report of Standing Committees 4:55 p.m. LAWERENCE DENNEY, Speaker April 4, 2011 Mr. Speaker: ATTEST: We, your COMMITTEE ON EDUCATION, report that we BONNIE ALEXANDER, Chief Clerk have had under consideration H 335 and H 336 and recommend that they do pass. NONINI, Chairman H 335 and H 336 were filed for second reading. April 4, 2011 Mr. Speaker: We, your COMMITTEE ON STATE AFFAIRS, report that we have had under consideration S 1187 and recommend that it do pass. LOERTSCHER, Chairman S 1187 was filed for second reading. April 4, 2011 Mr. Speaker: We, your COMMITTEE ON AGRICULTURAL AFFAIRS, report that we have had under consideration S 1199 and recommend that it do pass. TRAIL, Chairman S 1199 was filed for second reading. 288 HOUSE JOURNAL April 5, 2011]

HOUSE JOURNAL April 4, 2011 Mr. Speaker: OF THE I transmit herewith S 1202 which has passed the Senate. WOOD, Secretary IDAHO LEGISLATURE S 1202 was filed for first reading. FIRST REGULAR SESSION April 4, 2011 SIXTY-FIRST LEGISLATURE Mr. Speaker: I return herewith H 323, H 324, H 325, H 91, as amended, as amended, H 283, H 299, and H 275, as amended, which have passed the Senate. WOOD, Secretary EIGHTY-SIXTH LEGISLATIVE DAY TUESDAY, APRIL 5, 2011 H 323, H 324, H 325, H 91, as amended, as amended, H 283, H 299, and H 275, as amended, were referred to the Judiciary, Rules, and Administration Committee for enrolling. House of Representatives April 4, 2011 The House convened at 10 a.m., the Speaker in the Chair. Mr. Speaker: I return herewith H 129, as amended in the Senate, and Roll call showed 69 members present. H 193, as amended, as amended in the Senate, which have Absent and excused – Chadderdon(Chadderdon). Total – 1. passed the Senate. Total – 70. WOOD, Secretary Prayer was offered by Chaplain Tom Dougherty. H 129, as amended in the Senate, and H 193, as amended, as amended in the Senate, were ordered held at the Desk. The Pledge of Allegiance was led by Heidi Jensen, Page. Mr. Luker asked unanimous consent that the House concur in the Senate amendments to H 129, as amended in the Senate. Approval of Journal There being no objection, it was so ordered. April 5, 2011 Mr. Harwood asked unanimous consent that the House Mr. Speaker: concur in the Senate amendments to H 193, as amended, as We, your COMMITTEE ON JUDICIARY, RULES, AND amended in the Senate. There being no objection, it was so ADMINISTRATION, report that we have read and approved the ordered. House Journal of the Eighty-fifth Legislative Day and recommend that same be adopted as corrected. H 129, as amended in the Senate, and H 193, as amended, WILLS, Chairman as amended in the Senate, were referred to the Judiciary, Rules, Mr. Wills moved that the report be adopted. Seconded by and Administration Committee for engrossing. Mr. Burgoyne. Report adopted. Consideration of Messages from the Report of Standing Committees Governor and the Senate Mrs. Ringo asked, pursuant to Rule 45, that H 37 be reported April 4, 2011 forthwith out of the Revenue and Taxation Committee to which Mr. Speaker: it had been referred. Mr. Moyle objected. I transmit herewith enrolled S 1184 for the signature of the Speaker. Mr. Moyle asked unanimous consent that the Revenue and WOOD, Secretary Taxation Committee be excused. Mr. Rusche objected. The Speaker announced he was about to sign enrolled Mr. Moyle moved that the Revenue and Taxation Committee S 1184 and, when so signed, ordered it returned to the Senate. be excused. Seconded by Mr. Bedke. April 4, 2011 The question being, "Shall the motion pass?" Mr. Speaker: I return herewith enrolled H 210, H 228, H 194, H 213, Roll call resulted as follows: H 214, H 163, H 286, H 287, H 288, H 289, H 290, H 291, AYES – Anderson, Andrus, Barbieri, Barrett, Bateman, H 292, H 293, H 294, H 224, H 206, H 269, H 270, H 181, as Bayer, Bedke, Bell, Bilbao, Block, Bolz, Collins, Crane, amended, H 207, as amended, H 159, H 83, and H 175 which DeMordaunt, Ellsworth, Eskridge, Gibbs(Wheeler), Guthrie, have been signed by the President. Hagedorn, Hartgen, Harwood, Henderson, Lake, Loertscher, WOOD, Secretary Luker, Marriott, McGeachin, McMillan, Moyle, Nesset, Nielsen, Nonini, Palmer, Patrick, Perry, Raybould, Roberts, Schaefer, Enrolled H 210, H 228, H 194, H 213, H 214, H 163, Shepherd, Shirley, Simpson, Sims, Smith(24), Stevenson, H 286, H 287, H 288, H 289, H 290, H 291, H 292, H 293, Takasugi(Batt), Thayn, Thompson, Vander Woude, Wills, H 294, H 224, H 206, H 269, H 270, H 181, as amended, Wood(27), Wood(35), Mr. Speaker. Total – 52. H 207, as amended, H 159, H 83, and H 175 were referred to NAYS – Black, Buckner-Webb(McCoy), Burgoyne, Chew, the Judiciary, Rules, and Administration Committee for delivery Cronin, Higgins, Jaquet, Killen, King, Lacey, Pence, Ringo, to the Governor. Rusche, Smith(30), Trail. Total – 15. [April 5, 2011 HOUSE JOURNAL 289

Absent and excused – Boyle, Chadderdon(Chadderdon), S 1001, as amended, and SCR 109 were filed for second Hart. Total – 3. reading. Total – 70. April 5, 2011 Whereupon the Speaker declared the motion passed and the Mr. Speaker: Revenue and Taxation Committee was excused. We, your COMMITTEE ON EDUCATION, report that we have had under consideration H 315, H 333, H 334, and April 5, 2011 H 340 and recommend that they do pass. Mr. Speaker: NONINI, Chairman We, your COMMITTEE ON JUDICIARY, RULES, AND ADMINISTRATION, report that we have printed H 342, H 343, H 315, H 333, H 334, and H 340 were filed for second H 344, H 345, and H 346. reading. WILLS, Chairman There being no objection, the House advanced to the Eighth H 342 was referred to the State Affairs Committee. Order of Business. H 343 and H 345 were filed for second reading. Introduction, First Reading, and Reference of Bills and Joint Resolutions H 344 and H 346 were referred to the Education Committee. April 5, 2011 HOUSE BILL NO. 347 Mr. Speaker: BY WAYS AND MEANS COMMITTEE We, your COMMITTEE ON JUDICIARY, RULES, AND AN ACT ADMINISTRATION, report that we have enrolled H 5, H 218, RELATING TO THE SALES AND USE TAX ON H 301, H 227, as amended, H 234, H 272, H 262, H 280, and EQUIPMENT USED IN ALTERNATIVE METHODS OF H 95, as amended, as amended in the Senate. GENERATION OF ELECTRICITY; AMENDING SECTION WILLS, Chairman 63-3622QQ, IDAHO CODE, TO REVISE REQUIREMENTS REGARDING THE SALES TAX REBATE FOR EQUIPMENT The Speaker announced he was about to sign enrolled H 5, USED IN ALTERNATIVE METHODS OF GENERATION OF H 218, H 301, H 227, as amended, H 234, H 272, H 262, H 280, ELECTRICITY; AMENDING SECTION 2, CHAPTER 355, and H 95, as amended, as amended in the Senate, and, when so LAWS OF 2005, TO EXTEND THE SUNSET DATE; AND signed, ordered them transmitted to the Senate for the signature DECLARING AN EMERGENCY. of the President. H 347 was introduced, read the first time by title, and April 5, 2011 referred to the Judiciary, Rules, and Administration Committee Mr. Speaker: for printing. We, your COMMITTEE ON JUDICIARY, RULES, AND ADMINISTRATION, report that we have enrolled H 328, H 201, S 1202, by Finance Committee, was introduced, read the first H 240, H 232, H 239, H 296, H 233, H 257, H 304, H 305, time by title, and filed for second reading. H 306, and H 309. WILLS, Chairman There being no objection, the House advanced to the Tenth Order of Business. The Speaker announced he was about to sign enrolled H 328, H 201, H 240, H 232, H 239, H 296, H 233, H 257, H 304, Second Reading of Bills and Joint Resolutions H 305, H 306, and H 309 and, when so signed, ordered them S 1197, S 1187, and S 1199, by State Affairs Committee, transmitted to the Senate for the signature of the President. were read the second time by title and filed for third reading. April 4, 2011 Mr. Speaker: S 1200, S 1201, S 1203, and S 1204, by Finance Committee, We, your COMMITTEE ON JUDICIARY, RULES, AND were read the second time by title and filed for third reading. ADMINISTRATION, report that we have transmitted enrolled H 137, as amended, as amended in the Senate, by Resources H 236, H 140, as amended in the Senate, H 183, as amended in and Conservation Committee, was read the second time by title the Senate, and H 147, as amended in the Senate, to the Governor and filed for third reading. at 10:50 a.m., as of this date, April 4, 2011. WILLS, Chairman H 205, as amended in the Senate, H 335, and H 336, by Education Committee, were read the second time by title and filed April 4, 2011 for third reading. Mr. Speaker: We, your COMMITTEE ON JUDICIARY, RULES, AND There being no objection, the House returned to the Seventh ADMINISTRATION, report that we have transmitted enrolled Order of Business. HCR 22, HCR 3, and HCR 23 to the Secretary of State at 10:51 a.m., as of this date, April 4, 2011. Motions, Memorials, and Resolutions WILLS, Chairman Mr. Moyle moved that all rules of the House interfering with April 5, 2011 the immediate consideration of H 137, as amended, as amended Mr. Speaker: in the Senate, be suspended; that the portions of Section 15, We, your COMMITTEE ON TRANSPORTATION AND Article 3 of the Constitution of the State of Idaho, requiring all DEFENSE, report that we have had under consideration S 1001, bills to be read on three several days be dispensed with, this as amended, and SCR 109 and recommend that they do pass. being a case of urgency; and that H 137, as amended, as amended SMITH, Chairman in the Senate, be read the first time by title, second time by title, 290 HOUSE JOURNAL April 5, 2011] and third time at length, section by section, and placed before Roll call resulted as follows: the House for final consideration. Seconded by Mr. Rusche. AYES – Anderson, Andrus, Barrett, Bateman, Bedke, Bell, Bilbao, Black, Block, Bolz, Buckner-Webb(McCoy), The question being, "Shall the rules be suspended?" Burgoyne, Chew, Collins, Cronin, DeMordaunt, Ellsworth, Eskridge, Gibbs(Wheeler), Guthrie, Hagedorn, Hart, Hartgen, Harwood, Henderson, Higgins, Jaquet, Killen, King, Lacey, Lake, Roll call resulted as follows: Loertscher, Luker, Marriott, McGeachin, McMillan, Moyle, AYES – Anderson, Andrus, Barrett, Bateman, Bedke, Nesset, Nielsen, Nonini, Palmer, Patrick, Pence, Perry, Raybould, Bell, Bilbao, Black, Block, Bolz, Buckner-Webb(McCoy), Ringo, Roberts, Rusche, Schaefer, Shepherd, Shirley, Simpson, Burgoyne, Chew, Collins, Cronin, DeMordaunt, Ellsworth, Sims, Smith(30), Smith(24), Stevenson, Takasugi(Batt), Thayn, Eskridge, Gibbs(Wheeler), Guthrie, Hagedorn, Hart, Hartgen, Thompson, Trail, Vander Woude, Wills, Wood(27), Wood(35), Harwood, Henderson, Higgins, Jaquet, Killen, King, Lacey, Lake, Mr. Speaker. Total – 65. Loertscher, Luker, Marriott, McGeachin, McMillan, Moyle, NAYS – None. Nesset, Nielsen, Nonini, Palmer, Patrick, Pence, Perry, Raybould, Absent and excused – Barbieri, Bayer, Boyle, Ringo, Roberts, Rusche, Schaefer, Shepherd, Shirley, Simpson, Chadderdon(Chadderdon), Crane. Total – 5. Sims, Smith(30), Smith(24), Stevenson, Takasugi(Batt), Thayn, Total – 70. Thompson, Trail, Vander Woude, Wills, Wood(27), Wood(35), Mr. Speaker. Total – 65. Whereupon the Speaker declared that more than two-thirds NAYS – None. of the membership having voted in the affirmative, the motion Absent and excused – Barbieri, Bayer, Boyle, carried, the rules were suspended, and H 205, as amended in the Chadderdon(Chadderdon), Crane. Total – 5. Senate, was read the first time by title, second time by title, and Total – 70. third time at length, section by section, and placed before the House for final consideration. Whereupon the Speaker declared that more than two-thirds of the membership having voted in the affirmative, the motion At this time, the Speaker recognized Mr. Shirley to open carried, the rules were suspended, and H 137, as amended, as debate. amended in the Senate, was read the first time by title, second time by title, and third time at length, section by section, and The question being, "Shall H 205, as amended in the placed before the House for final consideration. Senate, pass?"

At this time, the Speaker recognized Mr. Hagedorn to open Roll call resulted as follows: debate. AYES – Anderson, Andrus, Barbieri, Barrett, Bateman, The question being, "Shall H 137, as amended, as amended Bayer, Bedke, Bell, Bilbao, Black, Block, Bolz, Boyle, in the Senate, pass?" Buckner-Webb(McCoy), Burgoyne, Chew, Collins, Crane, Cronin, DeMordaunt, Ellsworth, Eskridge, Gibbs(Wheeler), Roll call resulted as follows: Guthrie, Hagedorn, Hart, Hartgen, Harwood, Henderson, AYES – Anderson, Andrus, Barrett, Bateman, Bayer, Bedke, Higgins, Jaquet, Killen, King, Lacey, Lake, Loertscher, Luker, Bell, Bilbao, Black, Block, Bolz, Buckner-Webb(McCoy), Marriott, McGeachin, McMillan, Moyle, Nesset, Nielsen, Burgoyne, Chew, Collins, Crane, Cronin, DeMordaunt, Nonini, Palmer, Patrick, Pence, Perry, Raybould, Ringo, Roberts, Ellsworth, Eskridge, Gibbs(Wheeler), Guthrie, Hagedorn, Rusche, Schaefer, Shepherd, Shirley, Simpson, Sims, Smith(30), Hart, Hartgen, Harwood, Henderson, Higgins, Jaquet, Killen, Smith(24), Stevenson, Takasugi(Batt), Thayn, Thompson, Trail, King, Lacey, Lake, Loertscher, Luker, Marriott, McGeachin, Vander Woude, Wills, Wood(27), Wood(35), Mr. Speaker. McMillan, Moyle, Nesset, Nielsen, Nonini, Palmer, Patrick, Total – 69. Pence, Perry, Raybould, Ringo, Roberts, Rusche, Schaefer, NAYS – None. Shepherd, Shirley, Simpson, Sims, Smith(30), Smith(24), Absent and excused – Chadderdon(Chadderdon). Total – 1. Stevenson, Takasugi(Batt), Thayn, Thompson, Trail, Vander Total – 70. Woude, Wills, Wood(27), Wood(35), Mr. Speaker. Total – 67. Whereupon the Speaker declared H 205, as amended in NAYS – None. the Senate, passed the House. Title was approved and the bill Absent and excused – Barbieri, Boyle, referred to the Judiciary, Rules, and Administration Committee Chadderdon(Chadderdon). Total – 3. for enrolling. Total – 70. Mr. Moyle moved that all rules of the House interfering with Whereupon the Speaker declared H 137, as amended, as the immediate consideration of H 335 be suspended; that the amended in the Senate, passed the House. Title was approved portions of Section 15, Article 3 of the Constitution of the State and the bill referred to the Judiciary, Rules, and Administration of Idaho, requiring all bills to be read on three several days be Committee for enrolling. dispensed with, this being a case of urgency; and that H 335 be Mr. Moyle moved that all rules of the House interfering read the first time by title, second time by title, and third time at with the immediate consideration of H 205, as amended in the length, section by section, and placed before the House for final Senate, be suspended; that the portions of Section 15, Article 3 consideration. Seconded by Mr. Rusche. of the Constitution of the State of Idaho, requiring all bills to be read on three several days be dispensed with, this being a The question being, "Shall the rules be suspended?" case of urgency; and that H 205, as amended in the Senate, be read the first time by title, second time by title, and third time at Roll call resulted as follows: length, section by section, and placed before the House for final AYES – Anderson, Andrus, Barrett, Bateman, Bedke, consideration. Seconded by Mr. Rusche. Bell, Bilbao, Black, Block, Bolz, Buckner-Webb(McCoy), Burgoyne, Chew, Collins, Cronin, DeMordaunt, Ellsworth, The question being, "Shall the rules be suspended?" Eskridge, Gibbs(Wheeler), Guthrie, Hagedorn, Hart, Hartgen, [April 5, 2011 HOUSE JOURNAL 291

Harwood, Henderson, Higgins, Jaquet, Killen, King, Lacey, Lake, Absent and excused – Barbieri, Bayer, Boyle, Loertscher, Luker, Marriott, McGeachin, McMillan, Moyle, Chadderdon(Chadderdon), Crane. Total – 5. Nesset, Nielsen, Nonini, Palmer, Patrick, Pence, Perry, Raybould, Total – 70. Ringo, Roberts, Rusche, Schaefer, Shepherd, Shirley, Simpson, Sims, Smith(30), Smith(24), Stevenson, Takasugi(Batt), Thayn, Whereupon the Speaker declared that more than two-thirds Thompson, Trail, Vander Woude, Wills, Wood(27), Wood(35), of the membership having voted in the affirmative, the motion Mr. Speaker. Total – 65. carried, the rules were suspended, and H 336 was read the first NAYS – None. time by title, second time by title, and third time at length, section Absent and excused – Barbieri, Bayer, Boyle, by section, and placed before the House for final consideration. Chadderdon(Chadderdon), Crane. Total – 5. Total – 70. At this time, the Speaker recognized Mr. Nonini to open debate. Whereupon the Speaker declared that more than two-thirds of the membership having voted in the affirmative, the motion The question being, "Shall H 336 pass?" carried, the rules were suspended, and H 335 was read the first time by title, second time by title, and third time at length, section Roll call resulted as follows: by section, and placed before the House for final consideration. AYES – Anderson, Andrus, Barbieri, Barrett, Bateman, Bayer, Bedke, Bell, Bilbao, Black, Block, Boyle, Collins, Crane, At this time, the Speaker recognized Mr. Nonini to open DeMordaunt, Eskridge, Gibbs(Wheeler), Guthrie, Hagedorn, debate. Hart, Hartgen, Harwood, Henderson, Lake, Marriott, McMillan, Nesset, Nielsen, Nonini, Palmer, Patrick, Perry, Raybould, The question being, "Shall H 335 pass?" Roberts, Schaefer, Shepherd, Shirley, Simpson, Sims, Stevenson, Takasugi(Batt), Thayn, Thompson, Vander Woude, Wood(27), Roll call resulted as follows: Wood(35), Mr. Speaker. Total – 47. AYES – Anderson, Andrus, Barbieri, Barrett, Bateman, NAYS – Bolz, Buckner-Webb(McCoy), Burgoyne, Chew, Bayer, Bedke, Bell, Bilbao, Black, Block, Bolz, Boyle, Cronin, Ellsworth, Higgins, Jaquet, Killen, King, Lacey, Buckner-Webb(McCoy), Chew, Collins, Crane, Cronin, Loertscher, Luker, McGeachin, Moyle, Pence, Ringo, Rusche, DeMordaunt, Ellsworth, Eskridge, Gibbs(Wheeler), Guthrie, Smith(30), Smith(24), Trail, Wills. Total – 22. Hagedorn, Hart, Hartgen, Harwood, Henderson, Killen, Lake, Absent and excused – Chadderdon(Chadderdon). Total – 1. Loertscher, Luker, Marriott, McGeachin, McMillan, Moyle, Total – 70. Nesset, Nielsen, Nonini, Palmer, Patrick, Pence, Perry, Raybould, Roberts, Shirley, Simpson, Sims, Stevenson, Takasugi(Batt), Whereupon the Speaker declared that H 336 passed the Thayn, Thompson, Trail, Vander Woude, Wills, Wood(27), House. Title was approved and the bill ordered transmitted to Wood(35), Mr. Speaker. Total – 58. the Senate. NAYS – Burgoyne, Higgins, Jaquet, King, Lacey, Ringo, Rusche, Schaefer, Smith(30), Smith(24). Total – 10. Mr. Moyle moved that all rules of the House interfering with Absent and excused – Chadderdon(Chadderdon), Shepherd. the immediate consideration of S 1197 be suspended; that the Total – 2. portions of Section 15, Article 3 of the Constitution of the State Total – 70. of Idaho, requiring all bills to be read on three several days be dispensed with, this being a case of urgency; and that S 1197 be Whereupon the Speaker declared that H 335 passed the read the first time by title, second time by title, and third time at House. Title was approved and the bill ordered transmitted to length, section by section, and placed before the House for final the Senate. consideration. Seconded by Mr. Rusche. Mr. Moyle moved that all rules of the House interfering with The question being, "Shall the rules be suspended?" the immediate consideration of H 336 be suspended; that the portions of Section 15, Article 3 of the Constitution of the State Roll call resulted as follows: of Idaho, requiring all bills to be read on three several days be AYES – Anderson, Andrus, Barrett, Bateman, Bedke, dispensed with, this being a case of urgency; and that H 336 be Bell, Bilbao, Black, Block, Bolz, Buckner-Webb(McCoy), read the first time by title, second time by title, and third time at Burgoyne, Chew, Collins, Cronin, DeMordaunt, Ellsworth, length, section by section, and placed before the House for final Eskridge, Gibbs(Wheeler), Guthrie, Hagedorn, Hart, Hartgen, consideration. Seconded by Mr. Rusche. Harwood, Henderson, Higgins, Jaquet, Killen, King, Lacey, Lake, Loertscher, Luker, Marriott, McGeachin, McMillan, Moyle, The question being, "Shall the rules be suspended?" Nesset, Nielsen, Nonini, Palmer, Patrick, Pence, Perry, Raybould, Ringo, Roberts, Rusche, Schaefer, Shepherd, Shirley, Simpson, Roll call resulted as follows: Sims, Smith(30), Smith(24), Stevenson, Takasugi(Batt), Thayn, AYES – Anderson, Andrus, Barrett, Bateman, Bedke, Thompson, Trail, Vander Woude, Wills, Wood(27), Wood(35), Bell, Bilbao, Black, Block, Bolz, Buckner-Webb(McCoy), Mr. Speaker. Total – 65. Burgoyne, Chew, Collins, Cronin, DeMordaunt, Ellsworth, NAYS – None. Eskridge, Gibbs(Wheeler), Guthrie, Hagedorn, Hart, Hartgen, Absent and excused – Barbieri, Bayer, Boyle, Harwood, Henderson, Higgins, Jaquet, Killen, King, Lacey, Lake, Chadderdon(Chadderdon), Crane. Total – 5. Loertscher, Luker, Marriott, McGeachin, McMillan, Moyle, Total – 70. Nesset, Nielsen, Nonini, Palmer, Patrick, Pence, Perry, Raybould, Ringo, Roberts, Rusche, Schaefer, Shepherd, Shirley, Simpson, Whereupon the Speaker declared that more than two-thirds Sims, Smith(30), Smith(24), Stevenson, Takasugi(Batt), Thayn, of the membership having voted in the affirmative, the motion Thompson, Trail, Vander Woude, Wills, Wood(27), Wood(35), carried, the rules were suspended, and S 1197 was read the first Mr. Speaker. Total – 65. time by title, second time by title, and third time at length, section NAYS – None. by section, and placed before the House for final consideration. 292 HOUSE JOURNAL April 5, 2011]

At this time, the Speaker recognized Mr. Harwood to open Roll call resulted as follows: debate. AYES – Anderson, Andrus, Barbieri, Barrett, Bateman, Bayer, Bedke, Bell, Bilbao, Black, Block, Bolz, Boyle, Pursuant to Rule 38(3), Representative Moyle disclosed a Buckner-Webb(McCoy), Burgoyne, Chew, Collins, Crane, conflict of interest regarding S 1197. Cronin, DeMordaunt, Ellsworth, Eskridge, Gibbs(Wheeler), Guthrie, Hart, Hartgen, Harwood, Henderson, Higgins, Jaquet, The question being, "Shall S 1197 pass?" Killen, King, Lacey, Loertscher, Luker, Marriott, McGeachin, Nesset, Nielsen, Nonini, Palmer, Patrick, Pence, Perry, Raybould, Roll call resulted as follows: Ringo, Rusche, Schaefer, Shepherd, Shirley, Simpson, Sims, AYES – Anderson, Andrus, Barbieri, Barrett, Bateman, Smith(30), Stevenson, Takasugi(Batt), Thayn, Thompson, Trail, Bayer, Bedke, Bell, Bilbao, Black, Block, Bolz, Boyle, Vander Woude, Wills, Wood(27), Wood(35), Mr. Speaker. Buckner-Webb(McCoy), Burgoyne, Chew, Collins, Crane, Total – 63. Cronin, DeMordaunt, Ellsworth, Eskridge, Gibbs(Wheeler), NAYS – McMillan. Total – 1. Guthrie, Hagedorn, Hart, Hartgen, Harwood, Henderson, Absent and excused – Chadderdon(Chadderdon), Hagedorn, Higgins, Jaquet, Killen, King, Lacey, Lake, Loertscher, Luker, Lake, Moyle, Roberts, Smith(24). Total – 6. Marriott, McGeachin, McMillan, Moyle, Nesset, Nielsen, Total – 70. Nonini, Palmer, Patrick, Pence, Perry, Raybould, Ringo, Roberts, Rusche, Schaefer, Shepherd, Shirley, Simpson, Sims, Smith(30), Whereupon the Speaker declared that S 1200 passed the Smith(24), Stevenson, Takasugi(Batt), Thayn, Thompson, Trail, House. Title was approved and the bill ordered returned to the Vander Woude, Wills, Wood(27), Wood(35), Mr. Speaker. Senate. Total – 69. NAYS – None. Mr. Bedke moved that all rules of the House interfering with Absent and excused – Chadderdon(Chadderdon). Total – 1. the immediate consideration of S 1201 be suspended; that the Total – 70. portions of Section 15, Article 3 of the Constitution of the State of Idaho, requiring all bills to be read on three several days be Whereupon the Speaker declared that S 1197 passed the dispensed with, this being a case of urgency; and that S 1201 be House. Title was approved and the bill ordered returned to the read the first time by title, second time by title, and third time at Senate. length, section by section, and placed before the House for final consideration. Seconded by Mr. Rusche. Mr. Moyle moved that all rules of the House interfering with The question being, "Shall the rules be suspended?" the immediate consideration of S 1200 be suspended; that the portions of Section 15, Article 3 of the Constitution of the State Roll call resulted as follows: of Idaho, requiring all bills to be read on three several days be AYES – Anderson, Andrus, Barrett, Bateman, Bedke, dispensed with, this being a case of urgency; and that S 1200 be Bell, Bilbao, Black, Block, Bolz, Buckner-Webb(McCoy), read the first time by title, second time by title, and third time at Burgoyne, Chew, Collins, Cronin, DeMordaunt, Ellsworth, length, section by section, and placed before the House for final Eskridge, Gibbs(Wheeler), Guthrie, Hagedorn, Hart, Hartgen, consideration. Seconded by Mr. Rusche. Harwood, Henderson, Higgins, Jaquet, Killen, King, Lacey, Lake, Loertscher, Luker, Marriott, McGeachin, McMillan, Moyle, The question being, "Shall the rules be suspended?" Nesset, Nielsen, Nonini, Palmer, Patrick, Pence, Perry, Raybould, Ringo, Roberts, Rusche, Schaefer, Shepherd, Shirley, Simpson, Roll call resulted as follows: Sims, Smith(30), Smith(24), Stevenson, Takasugi(Batt), Thayn, AYES – Anderson, Andrus, Barrett, Bateman, Bedke, Thompson, Trail, Vander Woude, Wills, Wood(27), Wood(35), Bell, Bilbao, Black, Block, Bolz, Buckner-Webb(McCoy), Mr. Speaker. Total – 65. Burgoyne, Chew, Collins, Cronin, DeMordaunt, Ellsworth, NAYS – None. Eskridge, Gibbs(Wheeler), Guthrie, Hagedorn, Hart, Hartgen, Absent and excused – Barbieri, Bayer, Boyle, Harwood, Henderson, Higgins, Jaquet, Killen, King, Lacey, Lake, Chadderdon(Chadderdon), Crane. Total – 5. Loertscher, Luker, Marriott, McGeachin, McMillan, Moyle, Total – 70. Nesset, Nielsen, Nonini, Palmer, Patrick, Pence, Perry, Raybould, Ringo, Roberts, Rusche, Schaefer, Shepherd, Shirley, Simpson, Whereupon the Speaker declared that more than two-thirds Sims, Smith(30), Smith(24), Stevenson, Takasugi(Batt), Thayn, of the membership having voted in the affirmative, the motion Thompson, Trail, Vander Woude, Wills, Wood(27), Wood(35), carried, the rules were suspended, and S 1201 was read the first Mr. Speaker. Total – 65. time by title, second time by title, and third time at length, section NAYS – None. by section, and placed before the House for final consideration. Absent and excused – Barbieri, Bayer, Boyle, Chadderdon(Chadderdon), Crane. Total – 5. At this time, the Speaker recognized Mr. Bolz to open debate. Total – 70. The question being, "Shall S 1201 pass?" Whereupon the Speaker declared that more than two-thirds of the membership having voted in the affirmative, the motion Roll call resulted as follows: carried, the rules were suspended, and S 1200 was read the first AYES – Anderson, Andrus, Barrett, Bateman, Bayer, Bedke, time by title, second time by title, and third time at length, section Bell, Bilbao, Black, Block, Bolz, Boyle, Buckner-Webb(McCoy), by section, and placed before the House for final consideration. Burgoyne, Chew, Collins, Crane, Cronin, DeMordaunt, Ellsworth, Eskridge, Gibbs(Wheeler), Guthrie, Hagedorn, Hart, Hartgen, Harwood, Henderson, Higgins, Jaquet, Killen, King, At this time, the Speaker recognized Mr. Bolz to open debate. Lacey, Loertscher, Luker, Marriott, McGeachin, McMillan, Moyle, Nesset, Nielsen, Nonini, Palmer, Patrick, Pence, Perry, The question being, "Shall S 1200 pass?" [April 5, 2011 HOUSE JOURNAL 293

Raybould, Ringo, Roberts, Rusche, Shepherd, Shirley, Simpson, Absent and excused – Barbieri, Bedke, Sims, Smith(30), Smith(24), Stevenson, Takasugi(Batt), Chadderdon(Chadderdon). Total – 3. Thompson, Trail, Vander Woude, Wills, Wood(27), Wood(35), Total – 70. Mr. Speaker. Total – 65. NAYS – Barbieri, Schaefer, Thayn. Total – 3. Whereupon the Speaker declared that S 1187 passed the Absent and excused – Chadderdon(Chadderdon), Lake. House. Title was approved and the bill ordered returned to the Total – 2. Senate. Total – 70. Mr. Moyle moved that all rules of the House interfering with Whereupon the Speaker declared that S 1201 passed the the immediate consideration of S 1199 be suspended; that the House. Title was approved and the bill ordered returned to the portions of Section 15, Article 3 of the Constitution of the State Senate. of Idaho, requiring all bills to be read on three several days be dispensed with, this being a case of urgency; and that S 1199 be read the first time by title, second time by title, and third time at Mr. Moyle moved that all rules of the House interfering with length, section by section, and placed before the House for final the immediate consideration of S 1187 be suspended; that the consideration. Seconded by Mr. Rusche. portions of Section 15, Article 3 of the Constitution of the State of Idaho, requiring all bills to be read on three several days be The question being, "Shall the rules be suspended?" dispensed with, this being a case of urgency; and that S 1187 be read the first time by title, second time by title, and third time at Roll call resulted as follows: length, section by section, and placed before the House for final AYES – Anderson, Andrus, Barrett, Bateman, Bedke, consideration. Seconded by Mr. Rusche. Bell, Bilbao, Black, Block, Bolz, Buckner-Webb(McCoy), Burgoyne, Chew, Collins, Cronin, DeMordaunt, Ellsworth, The question being, "Shall the rules be suspended?" Eskridge, Gibbs(Wheeler), Guthrie, Hagedorn, Hart, Hartgen, Harwood, Henderson, Higgins, Jaquet, Killen, King, Lacey, Lake, Roll call resulted as follows: Loertscher, Luker, Marriott, McGeachin, McMillan, Moyle, AYES – Anderson, Andrus, Barrett, Bateman, Bedke, Nesset, Nielsen, Nonini, Palmer, Patrick, Pence, Perry, Raybould, Bell, Bilbao, Black, Block, Bolz, Buckner-Webb(McCoy), Ringo, Roberts, Rusche, Schaefer, Shepherd, Shirley, Simpson, Burgoyne, Chew, Collins, Cronin, DeMordaunt, Ellsworth, Sims, Smith(30), Smith(24), Stevenson, Takasugi(Batt), Thayn, Eskridge, Gibbs(Wheeler), Guthrie, Hagedorn, Hart, Hartgen, Thompson, Trail, Vander Woude, Wills, Wood(27), Wood(35), Harwood, Henderson, Higgins, Jaquet, Killen, King, Lacey, Lake, Mr. Speaker. Total – 65. Loertscher, Luker, Marriott, McGeachin, McMillan, Moyle, NAYS – None. Nesset, Nielsen, Nonini, Palmer, Patrick, Pence, Perry, Raybould, Absent and excused – Barbieri, Bayer, Boyle, Ringo, Roberts, Rusche, Schaefer, Shepherd, Shirley, Simpson, Chadderdon(Chadderdon), Crane. Total – 5. Sims, Smith(30), Smith(24), Stevenson, Takasugi(Batt), Thayn, Total – 70. Thompson, Trail, Vander Woude, Wills, Wood(27), Wood(35), Mr. Speaker. Total – 65. Whereupon the Speaker declared that more than two-thirds NAYS – None. of the membership having voted in the affirmative, the motion Absent and excused – Barbieri, Bayer, Boyle, carried, the rules were suspended, and S 1199 was read the first Chadderdon(Chadderdon), Crane. Total – 5. time by title, second time by title, and third time at length, section Total – 70. by section, and placed before the House for final consideration. Whereupon the Speaker declared that more than two-thirds At this time, the Speaker recognized Mr. Stevenson to open of the membership having voted in the affirmative, the motion debate. carried, the rules were suspended, and S 1187 was read the first time by title, second time by title, and third time at length, section Mr. Raybould asked unanimous consent that, pursuant to by section, and placed before the House for final consideration. Rule 38(3), he be excused from voting on S 1199 due to a conflict of interest. There being no objection, it was so ordered. At this time, the Speaker recognized Ms. Batt to open debate. The question being, "Shall S 1199 pass?" Pursuant to Rule 38(3), Representative Vander Woude disclosed a conflict of interest regarding S 1187. Roll call resulted as follows: AYES – Anderson, Andrus, Barbieri, Barrett, Bateman, The question being, "Shall S 1187 pass?" Bayer, Bedke, Bell, Bilbao, Black, Block, Bolz, Boyle, Buckner-Webb(McCoy), Burgoyne, Chew, Collins, Crane, Roll call resulted as follows: Cronin, DeMordaunt, Ellsworth, Eskridge, Gibbs(Wheeler), AYES – Anderson, Andrus, Barrett, Bateman, Bayer, Bell, Guthrie, Hagedorn, Hart, Hartgen, Harwood, Henderson, Bilbao, Black, Block, Bolz, Boyle, Buckner-Webb(McCoy), Higgins, Jaquet, Killen, King, Lacey, Lake, Loertscher, Luker, Burgoyne, Chew, Collins, Crane, Cronin, DeMordaunt, Marriott, McGeachin, McMillan, Moyle, Nesset, Nielsen, Ellsworth, Eskridge, Gibbs(Wheeler), Guthrie, Hagedorn, Hart, Nonini, Palmer, Patrick, Pence, Perry, Ringo, Roberts, Rusche, Hartgen, Harwood, Henderson, Higgins, Jaquet, Killen, King, Schaefer, Shepherd, Shirley, Simpson, Sims, Smith(30), Lacey, Lake, Loertscher, Luker, Marriott, McGeachin, McMillan, Smith(24), Stevenson, Takasugi(Batt), Thayn, Thompson, Trail, Moyle, Nesset, Nielsen, Nonini, Palmer, Patrick, Pence, Vander Woude, Wills, Wood(27), Wood(35), Mr. Speaker. Perry, Raybould, Ringo, Roberts, Rusche, Schaefer, Shepherd, Total – 68. Shirley, Simpson, Sims, Smith(30), Smith(24), Stevenson, NAYS – None. Takasugi(Batt), Thayn, Thompson, Trail, Vander Woude, Wills, Absent and excused – Chadderdon(Chadderdon), Raybould. Wood(27), Wood(35), Mr. Speaker. Total – 67. Total – 2. NAYS – None. Total – 70. 294 HOUSE JOURNAL April 5, 2011]

Whereupon the Speaker declared that S 1199 passed the read the first time by title, second time by title, and third time at House. Title was approved and the bill ordered returned to the length, section by section, and placed before the House for final Senate. consideration. Seconded by Mr. Rusche. Mr. Moyle moved that all rules of the House interfering with The question being, "Shall the rules be suspended?" the immediate consideration of S 1203 be suspended; that the portions of Section 15, Article 3 of the Constitution of the State Roll call resulted as follows: of Idaho, requiring all bills to be read on three several days be AYES – Anderson, Andrus, Barrett, Bateman, Bedke, dispensed with, this being a case of urgency; and that S 1203 be Bell, Bilbao, Black, Block, Bolz, Buckner-Webb(McCoy), read the first time by title, second time by title, and third time at Burgoyne, Chew, Collins, Cronin, DeMordaunt, Ellsworth, length, section by section, and placed before the House for final Eskridge, Gibbs(Wheeler), Guthrie, Hagedorn, Hart, Hartgen, consideration. Seconded by Mr. Rusche. Harwood, Henderson, Higgins, Jaquet, Killen, King, Lacey, Lake, Loertscher, Luker, Marriott, McGeachin, McMillan, Moyle, The question being, "Shall the rules be suspended?" Nesset, Nielsen, Nonini, Palmer, Patrick, Pence, Perry, Raybould, Ringo, Roberts, Rusche, Schaefer, Shepherd, Shirley, Simpson, Roll call resulted as follows: Sims, Smith(30), Smith(24), Stevenson, Takasugi(Batt), Thayn, AYES – Anderson, Andrus, Barrett, Bateman, Bedke, Thompson, Trail, Vander Woude, Wills, Wood(27), Wood(35), Bell, Bilbao, Black, Block, Bolz, Buckner-Webb(McCoy), Mr. Speaker. Total – 65. Burgoyne, Chew, Collins, Cronin, DeMordaunt, Ellsworth, NAYS – None. Eskridge, Gibbs(Wheeler), Guthrie, Hagedorn, Hart, Hartgen, Absent and excused – Barbieri, Bayer, Boyle, Harwood, Henderson, Higgins, Jaquet, Killen, King, Lacey, Lake, Chadderdon(Chadderdon), Crane. Total – 5. Loertscher, Luker, Marriott, McGeachin, McMillan, Moyle, Total – 70. Nesset, Nielsen, Nonini, Palmer, Patrick, Pence, Perry, Raybould, Ringo, Roberts, Rusche, Schaefer, Shepherd, Shirley, Simpson, Whereupon the Speaker declared that more than two-thirds Sims, Smith(30), Smith(24), Stevenson, Takasugi(Batt), Thayn, of the membership having voted in the affirmative, the motion Thompson, Trail, Vander Woude, Wills, Wood(27), Wood(35), carried, the rules were suspended, and S 1204 was read the first Mr. Speaker. Total – 65. time by title, second time by title, and third time at length, section NAYS – None. by section, and placed before the House for final consideration. Absent and excused – Barbieri, Bayer, Boyle, Chadderdon(Chadderdon), Crane. Total – 5. At this time, the Speaker recognized Mr. Thompson to open Total – 70. debate. Whereupon the Speaker declared that more than two-thirds The question being, "Shall S 1204 pass?" of the membership having voted in the affirmative, the motion carried, the rules were suspended, and S 1203 was read the first Roll call resulted as follows: time by title, second time by title, and third time at length, section AYES – Anderson, Andrus, Barbieri, Barrett, Bateman, by section, and placed before the House for final consideration. Bayer, Bedke, Bell, Bilbao, Black, Block, Bolz, Boyle, Buckner-Webb(McCoy), Burgoyne, Chew, Collins, Crane, At this time, the Speaker recognized Mr. Patrick to open Cronin, DeMordaunt, Ellsworth, Eskridge, Gibbs(Wheeler), debate. Guthrie, Hagedorn, Hart, Hartgen, Harwood, Henderson, The question being, "Shall S 1203 pass?" Higgins, Jaquet, Killen, King, Lacey, Lake, Luker, Marriott, McGeachin, McMillan, Moyle, Nesset, Nielsen, Nonini, Roll call resulted as follows: Palmer, Patrick, Pence, Perry, Raybould, Ringo, Roberts, AYES – Anderson, Andrus, Bateman, Bayer, Bedke, Bell, Rusche, Schaefer, Shepherd, Shirley, Simpson, Sims, Smith(30), Bilbao, Black, Block, Bolz, Boyle, Buckner-Webb(McCoy), Smith(24), Stevenson, Takasugi(Batt), Thayn, Thompson, Trail, Burgoyne, Chew, Collins, Crane, Cronin, Ellsworth, Eskridge, Vander Woude, Wills, Wood(27), Wood(35), Mr. Speaker. Gibbs(Wheeler), Guthrie, Hagedorn, Hart, Hartgen, Harwood, Total – 68. Henderson, Higgins, Jaquet, Killen, King, Lacey, Lake, Luker, NAYS – None. Marriott, McMillan, Moyle, Nesset, Nielsen, Nonini, Palmer, Absent and excused – Chadderdon(Chadderdon), Loertscher. Patrick, Pence, Perry, Raybould, Ringo, Roberts, Rusche, Total – 2. Schaefer, Shepherd, Shirley, Simpson, Smith(30), Smith(24), Total – 70. Stevenson, Takasugi(Batt), Thompson, Trail, Vander Woude, Wills, Wood(27), Mr. Speaker. Total – 61. Whereupon the Speaker declared that S 1204 passed the NAYS – Barbieri, Barrett, DeMordaunt, McGeachin, Sims, House. Title was approved and the bill ordered returned to the Thayn, Wood(35). Total – 7. Senate. Absent and excused – Chadderdon(Chadderdon), Loertscher. There being no objection, the House advanced to the Total – 2. Eleventh Order of Business. Total – 70.

Whereupon the Speaker declared that S 1203 passed the Third Reading of Bills and Joint Resolutions House. Title was approved and the bill ordered returned to the Senate. S 1120 was read the third time at length, section by section, and placed before the House for final consideration. Mr. Moyle moved that all rules of the House interfering with the immediate consideration of S 1204 be suspended; that the At this time, the Speaker recognized Mr. Killen to open portions of Section 15, Article 3 of the Constitution of the State debate. of Idaho, requiring all bills to be read on three several days be dispensed with, this being a case of urgency; and that S 1204 be The question being, "Shall S 1120 pass?" [April 5, 2011 HOUSE JOURNAL 295

Roll call resulted as follows: The House reconvened at 2 p.m., Mr. Moyle in the Chair. AYES – Anderson, Andrus, Barbieri, Barrett, Bateman, Bayer, Bedke, Bell, Bilbao, Black, Block, Bolz, Boyle, Prior to recess, the House was at the Tenth Order of Business. Buckner-Webb(McCoy), Chew, Collins, Crane, Cronin, DeMordaunt, Ellsworth, Eskridge, Gibbs(Wheeler), Guthrie, Third Reading of Bills and Joint Resolutions Hagedorn, Hart, Hartgen, Harwood, Henderson, Higgins, S 1149 was read the third time at length, section by section, Jaquet, Killen, King, Lacey, Lake, Loertscher, Marriott, and placed before the House for final consideration. McGeachin, McMillan, Moyle, Nesset, Nielsen, Nonini, Palmer, Patrick, Pence, Raybould, Ringo, Roberts, Rusche, Schaefer, At this time, the Speaker Pro Tem recognized Mr. Hartgen to Shepherd, Shirley, Simpson, Smith(30), Smith(24), Stevenson, open debate. Takasugi(Batt), Thayn, Thompson, Trail, Vander Woude, Wills, Wood(27), Wood(35), Mr. Speaker. Total – 65. The question being, "Shall S 1149 pass?" NAYS – Burgoyne, Luker, Perry, Sims. Total – 4. Absent and excused – Chadderdon(Chadderdon). Total – 1. Roll call resulted as follows: Total – 70. AYES – Anderson, Andrus, Barbieri, Barrett, Bateman, Bayer, Bedke, Bell, Bilbao, Black, Block, Bolz, Boyle, Whereupon the Speaker declared that S 1120 passed the Buckner-Webb(McCoy), Burgoyne, Chew, Collins, Crane, House. Title was approved and the bill ordered returned to the Cronin, DeMordaunt, Ellsworth, Eskridge, Gibbs(Wheeler), Senate. Guthrie, Hagedorn, Hart, Hartgen, Harwood, Henderson, Higgins, Jaquet, Killen, King, Lacey, Loertscher, Luker, Marriott, There being no objection, the House returned to the Eighth McGeachin, McMillan, Moyle, Nesset, Nielsen, Nonini, Patrick, Order of Business. Pence, Perry, Raybould, Ringo, Rusche, Schaefer, Shepherd, Introduction, First Reading, and Reference Shirley, Simpson, Sims, Smith(30), Smith(24), Stevenson, of Bills and Joint Resolutions Takasugi(Batt), Thayn, Thompson, Trail, Vander Woude, Wills, Wood(27), Wood(35), Mr. Speaker. Total – 66. HOUSE BILL NO. 348 NAYS – None. BY WAYS AND MEANS COMMITTEE Absent and excused – Chadderdon(Chadderdon), Lake, AN ACT Palmer, Roberts. Total – 4. RELATING TO PUBLIC UTILITIES; AMENDING Total – 70. CHAPTER 5, TITLE 61, IDAHO CODE, BY THE ADDITION OF A NEW SECTION 61-543, IDAHO CODE, TO DEFINE Whereupon the Speaker Pro Tem declared that S 1149 passed TERMS AND TO PROVIDE THE AUTHORITY OF the House. Title was approved and the bill ordered returned to the THE PUBLIC UTILITIES COMMISSION AND ITS Senate. JURISDICTION OVER THE AVOIDED COST RATES PAID S 1137 was read the third time at length, section by section, TO PURPA SOLAR AND WIND QUALIFYING FACILITIES; and placed before the House for final consideration. AND DECLARING AN EMERGENCY. At this time, the Speaker Pro Tem recognized Mr. Wood(27) HOUSE BILL NO. 349 to open debate. BY WAYS AND MEANS COMMITTEE AN ACT The question being, "Shall S 1137 pass?" RELATING TO INCOME TAXATION; AMENDING SECTION 63-3024, IDAHO CODE, TO REVISE INDIVIDUAL Roll call resulted as follows: INCOME TAX RATES AND THE RATE OF TAX ON AYES – Anderson, Andrus, Bateman, Bayer, Bedke, Bell, ESTATES AND TRUSTS AND TO REVISE THE YEAR Bilbao, Black, Block, Bolz, Boyle, Chew, Collins, Crane, Cronin, IN WHICH INCOME TAX BRACKETS SHALL BE DeMordaunt, Ellsworth, Eskridge, Gibbs(Wheeler), Guthrie, CALCULATED; AMENDING SECTION 63-3025, IDAHO Hagedorn, Hartgen, Henderson, Higgins, Jaquet, Killen, King, CODE, TO REVISE CORPORATE INCOME TAX RATES; Lacey, Luker, Marriott, McGeachin, Moyle, Nesset, Nielsen, AND PROVIDING AN EFFECTIVE DATE. Nonini, Palmer, Patrick, Pence, Perry, Raybould, Rusche, Shepherd, Shirley, Simpson, Sims, Smith(30), Stevenson, H 348 and H 349 were introduced, read the first time by Takasugi(Batt), Thayn, Thompson, Trail, Vander Woude, Wills, title, and referred to the Judiciary, Rules, and Administration Wood(27). Total – 54. Committee for printing. NAYS – Barbieri, Barrett, Buckner-Webb(McCoy), Burgoyne, Hart, Harwood, Loertscher, McMillan, Ringo, There being no objection, the House advanced to the Tenth Schaefer, Smith(24), Wood(35). Total – 12. Order of Business. Absent and excused – Chadderdon(Chadderdon), Lake, Second Reading of Bills and Joint Resolutions Roberts, Mr. Speaker. Total – 4. Total – 70. H 343, by Ways and Means Committee, was read the second time by title and filed for third reading. Whereupon the Speaker Pro Tem declared that S 1137 passed the House. Title was approved and the bill ordered returned to the Mr. Moyle moved that the House recess until Senate. 2 p.m. Seconded by Mr. Rusche. Motion carried. S 1138 was read the third time at length, section by section, Whereupon the Speaker declared the House at recess until and placed before the House for final consideration. 2 p.m. RECESS At this time, the Speaker Pro Tem recognized Mr. Thayn to Afternoon Session open debate. 296 HOUSE JOURNAL April 5, 2011]

The question being, "Shall S 1138 pass?" The question being, "Shall the rules be suspended?"

Roll call resulted as follows: Roll call resulted as follows: AYES – Anderson, Andrus, Bateman, Bayer, Bedke, Bell, AYES – Anderson, Andrus, Barbieri, Barrett, Bateman, Bilbao, Black, Block, Bolz, Boyle, Chew, Collins, Crane, Bayer, Bedke, Bell, Bilbao, Black, Block, Bolz, Boyle, Collins, Cronin, DeMordaunt, Ellsworth, Eskridge, Gibbs(Wheeler), Crane, DeMordaunt, Ellsworth, Eskridge, Gibbs(Wheeler), Guthrie, Hagedorn, Hart, Hartgen, Henderson, Higgins, Guthrie, Hagedorn, Hart, Hartgen, Harwood, Henderson, Jaquet, Killen, King, Lacey, Luker, Marriott, McGeachin, Lake, Loertscher, Luker, Marriott, McGeachin, McMillan, Moyle, Nesset, Nielsen, Nonini, Palmer, Patrick, Pence, Moyle, Nesset, Nielsen, Palmer, Patrick, Perry, Raybould, Perry, Raybould, Rusche, Shepherd, Shirley, Simpson, Sims, Roberts, Schaefer, Shepherd, Shirley, Simpson, Sims, Stevenson, Smith(30), Stevenson, Takasugi(Batt), Thayn, Thompson, Trail, Takasugi(Batt), Thayn, Thompson, Trail, Vander Woude, Wills, Vander Woude, Wills, Wood(27). Total – 55. Wood(27), Wood(35), Mr. Speaker. Total – 54. NAYS – Barbieri, Barrett, Buckner-Webb(McCoy), NAYS – Buckner-Webb(McCoy), Burgoyne, Chew, Cronin, Burgoyne, Harwood, Loertscher, McMillan, Ringo, Schaefer, Higgins, Jaquet, Killen, King, Lacey, Pence, Ringo, Rusche, Smith(24), Wood(35). Total – 11. Smith(30). Total – 13. Absent and excused – Chadderdon(Chadderdon), Lake, Absent and excused – Chadderdon(Chadderdon), Nonini, Roberts, Mr. Speaker. Total – 4. Smith(24). Total – 3. Total – 70. Total – 70. Whereupon the Speaker Pro Tem declared that S 1138 passed Whereupon the Speaker Pro Tem declared that more than the House. Title was approved and the bill ordered returned to the two-thirds of the membership having voted in the affirmative, Senate. the motion carried, the rules were suspended, and H 343 was read the first time by title, second time by title, and third time at Mr. Bedke asked unanimous consent that S 1165 be placed at length, section by section, and placed before the House for final the top of the Third Reading Calendar. There being no objection, consideration. it was so ordered. At this time, the Speaker Pro Tem recognized Ms. Boyle to S 1165 was read the third time at length, section by section, open debate. and placed before the House for final consideration. The question being, "Shall H 343 pass?" At this time, the Speaker Pro Tem recognized Mr. Crane and Mr. Luker to open debate. Roll call resulted as follows: The question being, "Shall S 1165 pass?" AYES – Anderson, Andrus, Barbieri, Barrett, Bateman, Bayer, Bedke, Bell, Bilbao, Black, Block, Bolz, Boyle, Chew, Roll call resulted as follows: Collins, Crane, Cronin, DeMordaunt, Ellsworth, Eskridge, AYES – Anderson, Andrus, Barbieri, Barrett, Bateman, Gibbs(Wheeler), Guthrie, Hagedorn, Hart, Hartgen, Harwood, Bayer, Bedke, Bell, Bilbao, Black, Block, Bolz, Boyle, Collins, Henderson, Higgins, Killen, Lacey, Lake, Loertscher, Luker, Crane, DeMordaunt, Ellsworth, Eskridge, Gibbs(Wheeler), Marriott, McGeachin, McMillan, Moyle, Nesset, Nielsen, Guthrie, Hagedorn, Hart, Hartgen, Harwood, Henderson, Lake, Nonini, Palmer, Patrick, Pence, Perry, Raybould, Roberts, Loertscher, Luker, Marriott, McGeachin, McMillan, Moyle, Rusche, Schaefer, Shepherd, Shirley, Simpson, Sims, Smith(30), Nesset, Nielsen, Nonini, Palmer, Patrick, Perry, Raybould, Smith(24), Stevenson, Takasugi(Batt), Thayn, Thompson, Trail, Roberts, Schaefer, Shepherd, Shirley, Simpson, Sims, Stevenson, Vander Woude, Wills, Wood(27), Wood(35), Mr. Speaker. Takasugi(Batt), Thayn, Thompson, Vander Woude, Wills, Total – 64. Wood(27), Wood(35), Mr. Speaker. Total – 54. NAYS – Buckner-Webb(McCoy), Burgoyne, Jaquet, King, NAYS – Buckner-Webb(McCoy), Burgoyne, Chew, Cronin, Ringo. Total – 5. Higgins, Jaquet, Killen, King, Lacey, Pence, Ringo, Rusche, Absent and excused – Chadderdon(Chadderdon). Total – 1. Smith(30), Trail. Total – 14. Total – 70. Absent and excused – Chadderdon(Chadderdon), Smith(24). Whereupon the Speaker Pro Tem declared that H 343 passed Total – 2. the House. Title was approved and the bill ordered transmitted to Total – 70. the Senate. Whereupon the Speaker Pro Tem declared that S 1165 passed Mr. Bedke moved that all rules of the House interfering with the House. Title was approved and the bill ordered returned to the the immediate consideration of H 345 be suspended; that the Senate. portions of Section 15, Article 3 of the Constitution of the State There being no objection, the House returned to the Seventh of Idaho, requiring all bills to be read on three several days be Order of Business. dispensed with, this being a case of urgency; and that H 345 be read the first time by title, second time by title, and third time at Motions, Memorials, and Resolutions length, section by section, and placed before the House for final consideration. Seconded by Mr. Roberts. Mr. Bedke moved that all rules of the House interfering with the immediate consideration of H 343 be suspended; that the The question being, "Shall the rules be suspended?" portions of Section 15, Article 3 of the Constitution of the State of Idaho, requiring all bills to be read on three several days be Roll call resulted as follows: dispensed with, this being a case of urgency; and that H 343 be AYES – Anderson, Andrus, Barbieri, Barrett, Bateman, read the first time by title, second time by title, and third time at Bayer, Bedke, Bell, Bilbao, Black, Block, Bolz, Boyle, Collins, length, section by section, and placed before the House for final Crane, DeMordaunt, Ellsworth, Eskridge, Gibbs(Wheeler), consideration. Seconded by Mr. Roberts. Guthrie, Hagedorn, Hart, Hartgen, Harwood, Henderson, [April 5, 2011 HOUSE JOURNAL 297

Lake, Loertscher, Luker, Marriott, McGeachin, McMillan, NAYS – Buckner-Webb(McCoy), Burgoyne, Chew, Cronin, Moyle, Nesset, Nielsen, Palmer, Patrick, Perry, Raybould, Higgins, Jaquet, Killen, King, Lacey, Pence, Ringo, Rusche, Roberts, Schaefer, Shepherd, Shirley, Simpson, Sims, Stevenson, Smith(30). Total – 13. Takasugi(Batt), Thayn, Thompson, Trail, Vander Woude, Wills, Absent and excused – Chadderdon(Chadderdon), Nonini, Wood(27), Wood(35), Mr. Speaker. Total – 54. Smith(24). Total – 3. NAYS – Buckner-Webb(McCoy), Burgoyne, Chew, Cronin, Total – 70. Higgins, Jaquet, Killen, King, Lacey, Pence, Ringo, Rusche, Smith(30). Total – 13. Whereupon the Speaker Pro Tem declared that more than Absent and excused – Chadderdon(Chadderdon), Nonini, two-thirds of the membership having voted in the affirmative, Smith(24). Total – 3. the motion carried, the rules were suspended, and H 315 was Total – 70. read the first time by title, second time by title, and third time at length, section by section, and placed before the House for final Whereupon the Speaker Pro Tem declared that more than consideration. two-thirds of the membership having voted in the affirmative, the motion carried, the rules were suspended, and H 345 was At this time, the Speaker Pro Tem recognized Mr. Roberts to read the first time by title, second time by title, and third time at open debate. length, section by section, and placed before the House for final The question being, "Shall H 315 pass?" consideration. Roll call resulted as follows: At this time, the Speaker Pro Tem recognized Mr. Nonini to AYES – Anderson, Andrus, Bateman, Bedke, Black, open debate. Block, Boyle, Chew, Collins, Cronin, Ellsworth, Eskridge, The question being, "Shall H 345 pass?" Gibbs(Wheeler), Guthrie, Hagedorn, Hart, Hartgen, Harwood, Henderson, Killen, King, Lacey, Lake, Loertscher, Luker, Roll call resulted as follows: Marriott, Nesset, Nielsen, Palmer, Patrick, Pence, Raybould, AYES – Anderson, Andrus, Barbieri, Barrett, Bateman, Roberts, Shepherd, Shirley, Simpson, Stevenson, Thayn, Bayer, Bedke, Bell, Bilbao, Black, Block, Boyle, Collins, Crane, Thompson, Trail, Wills, Wood(27). Total – 42. DeMordaunt, Eskridge, Gibbs(Wheeler), Guthrie, Hagedorn, NAYS – Barbieri, Barrett, Bayer, Bell, Bilbao, Bolz, Hart, Hartgen, Harwood, Henderson, Lacey, Lake, Marriott, Buckner-Webb(McCoy), Burgoyne, Crane, DeMordaunt, McMillan, Nesset, Nielsen, Nonini, Palmer, Patrick, Pence, Higgins, Jaquet, McGeachin, McMillan, Moyle, Nonini, Perry, Raybould, Roberts, Schaefer, Shepherd, Shirley, Simpson, Perry, Ringo, Rusche, Schaefer, Sims, Smith(30), Smith(24), Sims, Stevenson, Takasugi(Batt), Thayn, Thompson, Trail, Takasugi(Batt), Vander Woude, Wood(35). Total – 26. Vander Woude, Wills, Wood(27), Wood(35). Total – 50. Absent and excused – Chadderdon(Chadderdon), NAYS – Bolz, Buckner-Webb(McCoy), Burgoyne, Chew, Mr. Speaker. Total – 2. Cronin, Ellsworth, Higgins, Jaquet, Killen, King, Loertscher, Total – 70. Luker, McGeachin, Moyle, Ringo, Rusche, Smith(30), Smith(24). Whereupon the Speaker Pro Tem declared that H 315 passed Total – 18. the House. Title was approved and the bill ordered transmitted to Absent and excused – Chadderdon(Chadderdon), the Senate. Mr. Speaker. Total – 2. Total – 70. There being no objection, the House advanced to the Eleventh Order of Business. Whereupon the Speaker Pro Tem declared that H 345 passed the House. Title was approved and the bill ordered transmitted to Third Reading of Bills and Joint Resolutions the Senate. S 1144 was read the third time at length, section by section, and placed before the House for final consideration. Mr. Bedke moved that all rules of the House interfering with the immediate consideration of H 315 be suspended; that the At this time, the Speaker Pro Tem recognized Mr. Patrick to portions of Section 15, Article 3 of the Constitution of the State open debate. of Idaho, requiring all bills to be read on three several days be The question being, "Shall S 1144 pass?" dispensed with, this being a case of urgency; and that H 315 be read the first time by title, second time by title, and third time at Roll call resulted as follows: length, section by section, and placed before the House for final AYES – Anderson, Andrus, Barbieri, Barrett, Bateman, consideration. Seconded by Mr. Roberts. Bayer, Bedke, Bell, Bilbao, Black, Block, Bolz, Boyle, The question being, "Shall the rules be suspended?" Buckner-Webb(McCoy), Burgoyne, Chew, Collins, Crane, Cronin, DeMordaunt, Ellsworth, Eskridge, Gibbs(Wheeler), Roll call resulted as follows: Guthrie, Hagedorn, Hart, Hartgen, Harwood, Henderson, AYES – Anderson, Andrus, Barbieri, Barrett, Bateman, Higgins, Killen, King, Lacey, Lake, Loertscher, Luker, Marriott, Bayer, Bedke, Bell, Bilbao, Black, Block, Bolz, Boyle, Collins, McGeachin, McMillan, Moyle, Nesset, Nielsen, Nonini, Palmer, Crane, DeMordaunt, Ellsworth, Eskridge, Gibbs(Wheeler), Patrick, Pence, Perry, Raybould, Roberts, Rusche, Shepherd, Guthrie, Hagedorn, Hart, Hartgen, Harwood, Henderson, Shirley, Simpson, Sims, Smith(30), Smith(24), Stevenson, Lake, Loertscher, Luker, Marriott, McGeachin, McMillan, Takasugi(Batt), Thayn, Thompson, Trail, Vander Woude, Wills, Moyle, Nesset, Nielsen, Palmer, Patrick, Perry, Raybould, Wood(27), Mr. Speaker. Total – 65. Roberts, Schaefer, Shepherd, Shirley, Simpson, Sims, Stevenson, NAYS – Jaquet, Ringo, Wood(35). Total – 3. Takasugi(Batt), Thayn, Thompson, Trail, Vander Woude, Wills, Absent and excused – Chadderdon(Chadderdon), Schaefer. Wood(27), Wood(35), Mr. Speaker. Total – 54. Total – 2. Total – 70. 298 HOUSE JOURNAL April 5, 2011]

Whereupon the Speaker Pro Tem declared that S 1144 passed The question being, "Shall S 1133, as amended, pass?" the House. Title was approved and the bill ordered returned to the Senate. Roll call resulted as follows: AYES – Anderson, Barbieri, Barrett, Bayer, Bedke, Bell, Bilbao, Black, Block, Bolz, Buckner-Webb(McCoy), Burgoyne, S 1026, as amended, was read the third time at length, section Chew, Collins, Crane, Cronin, DeMordaunt, Ellsworth, Eskridge, by section, and placed before the House for final consideration. Gibbs(Wheeler), Guthrie, Hagedorn, Hart, Hartgen, Henderson, Higgins, Jaquet, Killen, King, Lacey, Loertscher, Luker, At this time, the Speaker Pro Tem recognized Mr. Black to McMillan, Moyle, Nesset, Nielsen, Palmer, Patrick, Pence, open debate. Perry, Ringo, Roberts, Rusche, Schaefer, Shepherd, Sims, The question being, "Shall S 1026, as amended, pass?" Smith(30), Stevenson, Takasugi(Batt), Thayn, Thompson, Trail, Vander Woude, Wills, Wood(27), Wood(35). Total – 56. Roll call resulted as follows: NAYS – Andrus, Bateman, Boyle, Harwood, Lake, Marriott, AYES – Anderson, Andrus, Barbieri, Barrett, Bateman, McGeachin, Nonini, Raybould, Shirley, Simpson, Smith(24), Bayer, Bedke, Bell, Bilbao, Black, Block, Bolz, Boyle, Mr. Speaker. Total – 13. Buckner-Webb(McCoy), Burgoyne, Chew, Collins, Crane, Absent and excused – Chadderdon(Chadderdon). Total – 1. Cronin, DeMordaunt, Ellsworth, Eskridge, Gibbs(Wheeler), Total – 70. Guthrie, Hagedorn, Hart, Hartgen, Harwood, Henderson, Whereupon the Speaker Pro Tem declared that S 1133, as Higgins, Jaquet, Killen, King, Lacey, Lake, Loertscher, Luker, amended, passed the House. Title was approved and the bill Marriott, McGeachin, McMillan, Moyle, Nesset, Nielsen, ordered returned to the Senate. Nonini, Palmer, Patrick, Pence, Perry, Raybould, Ringo, Roberts, Rusche, Shepherd, Shirley, Simpson, Sims, Smith(30), S 1088, as amended, as amended in the House, was read the Smith(24), Stevenson, Takasugi(Batt), Thayn, Thompson, Trail, third time at length, section by section, and placed before the Vander Woude, Wills, Wood(27), Wood(35), Mr. Speaker. House for final consideration. Total – 68. NAYS – None. At this time, the Speaker Pro Tem recognized Mr. Hart to Absent and excused – Chadderdon(Chadderdon), Schaefer. open debate. Total – 2. Total – 70. The question being, "Shall S 1088, as amended, as amended in the House, pass?" Whereupon the Speaker Pro Tem declared that S 1026, as amended, passed the House. Title was approved and the bill Roll call resulted as follows: ordered returned to the Senate. AYES – Anderson, Andrus, Barbieri, Barrett, Bateman, Bayer, Bedke, Bell, Bilbao, Black, Block, Bolz, Boyle, S 1075, as amended, was read the third time at length, section Buckner-Webb(McCoy), Burgoyne, Chew, Collins, Crane, by section, and placed before the House for final consideration. Cronin, DeMordaunt, Ellsworth, Eskridge, Gibbs(Wheeler), Guthrie, Hagedorn, Hart, Hartgen, Harwood, Henderson, At this time, the Speaker Pro Tem recognized Ms. Sims to Higgins, Jaquet, Killen, King, Lacey, Lake, Loertscher, Luker, open debate. Marriott, McGeachin, McMillan, Moyle, Nesset, Nielsen, The question being, "Shall S 1075, as amended, pass?" Nonini, Palmer, Patrick, Pence, Perry, Raybould, Ringo, Roberts, Rusche, Schaefer, Shepherd, Shirley, Simpson, Sims, Smith(30), Roll call resulted as follows: Smith(24), Stevenson, Takasugi(Batt), Thayn, Thompson, Trail, AYES – Anderson, Andrus, Barbieri, Barrett, Bateman, Vander Woude, Wills, Wood(27), Wood(35), Mr. Speaker. Bayer, Bedke, Bell, Bilbao, Black, Block, Bolz, Boyle, Total – 69. Buckner-Webb(McCoy), Burgoyne, Chew, Collins, Crane, NAYS – None. Cronin, DeMordaunt, Ellsworth, Eskridge, Gibbs(Wheeler), Absent and excused – Chadderdon(Chadderdon). Total – 1. Guthrie, Hagedorn, Hart, Hartgen, Harwood, Henderson, Total – 70. Higgins, Jaquet, Killen, King, Lacey, Lake, Loertscher, Luker, Whereupon the Speaker Pro Tem declared that S 1088, as Marriott, McGeachin, McMillan, Moyle, Nesset, Nielsen, amended, as amended in the House, passed the House. Title was Nonini, Palmer, Patrick, Pence, Perry, Raybould, Ringo, Roberts, approved and the bill ordered returned to the Senate. Rusche, Schaefer, Shepherd, Shirley, Simpson, Sims, Smith(30), Smith(24), Stevenson, Takasugi(Batt), Thayn, Thompson, Trail, Mr. Nonini asked unanimous consent that S 1105, as Vander Woude, Wills, Wood(27), Wood(35), Mr. Speaker. amended, be placed on General Orders for consideration. Total – 69. Ms. Jaquet objected. NAYS – None. Absent and excused – Chadderdon(Chadderdon). Total – 1. Mr. Nonini moved that S 1105, as amended, be placed on Total – 70. General Orders for consideration. Seconded by Mr. Bedke. Whereupon the Speaker Pro Tem declared that S 1075, as Mr. Nonini asked unanimous consent to withdraw the motion amended, passed the House. Title was approved and the bill to place S 1105, as amended, on General Orders. No objection. ordered returned to the Senate. Mr. Bedke asked unanimous consent that S 1105, as S 1133, as amended, was read the third time at length, section amended, be placed at the bottom of the Third Reading Calendar. by section, and placed before the House for final consideration. There being no objection, it was so ordered. At this time, the Speaker Pro Tem recognized Mr. Bilbao and S 1021, as amended, was read the third time at length, section Mrs. Higgins to open debate. by section, and placed before the House for final consideration. [April 5, 2011 HOUSE JOURNAL 299

At this time, the Speaker Pro Tem recognized Mr. Roberts to H 347 and H 348 were filed for second reading. open debate. H 349 was referred to the Ways and Means Committee. The question being, "Shall S 1021, as amended, pass?" There being no objection, the House advanced to the Seventh Roll call resulted as follows: Order of Business. AYES – Anderson, Andrus, Barbieri, Barrett, Bateman, Motions, Memorials, and Resolutions Bayer, Bedke, Bell, Bilbao, Black, Block, Bolz, Boyle, Buckner-Webb(McCoy), Burgoyne, Chew, Collins, Crane, Mr. Bedke moved that all rules of the House interfering with Cronin, DeMordaunt, Ellsworth, Eskridge, Gibbs(Wheeler), the immediate consideration of H 347 be suspended; that the Guthrie, Hagedorn, Hart, Hartgen, Harwood, Henderson, portions of Section 15, Article 3 of the Constitution of the State Higgins, Jaquet, Killen, King, Lacey, Lake, Loertscher, Luker, of Idaho, requiring all bills to be read on three several days be Marriott, McGeachin, McMillan, Moyle, Nesset, Nielsen, dispensed with, this being a case of urgency; and that H 347 be Nonini, Palmer, Patrick, Pence, Perry, Raybould, Ringo, read the first time by title, second time by title, and third time at Roberts, Schaefer, Shepherd, Shirley, Simpson, Sims, Smith(30), length, section by section, and placed before the House for final Smith(24), Stevenson, Takasugi(Batt), Thayn, Thompson, Trail, consideration. Seconded by Mr. Rusche. Vander Woude, Wills, Wood(27), Wood(35), Mr. Speaker. Total – 68. The question being, "Shall the rules be suspended?" NAYS – Rusche. Total – 1. Absent and excused – Chadderdon(Chadderdon). Total – 1. Roll call resulted as follows: Total – 70. AYES – Anderson, Andrus, Barbieri, Barrett, Bateman, Bayer, Bedke, Bell, Bilbao, Black, Block, Bolz, Boyle, Whereupon the Speaker Pro Tem declared that S 1021, as Buckner-Webb(McCoy), Burgoyne, Chew, Collins, Crane, amended, passed the House. Title was approved and the bill Cronin, DeMordaunt, Ellsworth, Eskridge, Gibbs(Wheeler), ordered returned to the Senate. Guthrie, Hagedorn, Hart, Hartgen, Harwood, Henderson, Higgins, Jaquet, Killen, King, Lacey, Lake, Loertscher, Luker, S 1179 was read the third time at length, section by section, Marriott, McGeachin, McMillan, Moyle, Nesset, Nielsen, and placed before the House for final consideration. Nonini, Palmer, Patrick, Pence, Raybould, Ringo, Roberts, At this time, the Speaker Pro Tem recognized Mr. Smith(24) Rusche, Schaefer, Shepherd, Shirley, Simpson, Sims, Smith(30), to open debate. Smith(24), Stevenson, Takasugi(Batt), Thayn, Thompson, Trail, Vander Woude, Wills, Wood(27), Wood(35), Mr. Speaker. The question being, "Shall S 1179 pass?" Total – 68. NAYS – None. Roll call resulted as follows: Absent and excused – Chadderdon(Chadderdon), Perry. AYES – Bell, Block, Burgoyne, Ellsworth, Eskridge, Total – 2. Hartgen, Harwood, Henderson, Higgins, Lake, Luker, Moyle, Total – 70. Nesset, Raybould, Rusche, Schaefer, Shirley, Smith(24), Stevenson, Thayn, Wood(35). Total – 21. Whereupon the Speaker Pro Tem declared that more than NAYS – Anderson, Andrus, Barbieri, Barrett, two-thirds of the membership having voted in the affirmative, Bateman, Bayer, Bedke, Bilbao, Black, Bolz, Boyle, the motion carried, the rules were suspended, and H 347 was Buckner-Webb(McCoy), Chew, Collins, Crane, Cronin, read the first time by title, second time by title, and third time at DeMordaunt, Gibbs(Wheeler), Guthrie, Hagedorn, Hart, length, section by section, and placed before the House for final Jaquet, Killen, King, Lacey, Loertscher, Marriott, McGeachin, consideration. McMillan, Nielsen, Nonini, Palmer, Patrick, Pence, Perry, Ringo, At this time, the Speaker Pro Tem recognized Mr. Eskridge Roberts, Shepherd, Simpson, Sims, Smith(30), Takasugi(Batt), to open debate. Thompson, Trail, Vander Woude, Wills, Wood(27). Total – 47. Absent and excused – Chadderdon(Chadderdon), Pursuant to Rule 38(3), Mrs. Block disclosed a conflict of Mr. Speaker. Total – 2. interest regarding H 347. Total – 70. Pursuant to Rule 38(3), Mr. Anderson disclosed a conflict of Whereupon the Speaker Pro Tem declared that S 1179 failed interest regarding H 347. to pass the House and ordered the bill returned to the Senate. Mr. Eskridge asked unanimous consent that, pursuant to Rule 22, discussion of other bills be allowed in debate of H 347. Mr. Bedke asked unanimous consent that the remaining There being no objection it was so ordered. bills on the Third Reading Calendar retain their places for one legislative day. There being no objection, it was so ordered. The question being, "Shall H 347 pass?"

There being no objection, the House returned to the Fifth Roll call resulted as follows: Order of Business. AYES – Anderson, Bedke, Bell, Bilbao, Black, Block, Bolz, Report of Standing Committees Buckner-Webb(McCoy), Burgoyne, Chew, Collins, Cronin, Ellsworth, Eskridge, Gibbs(Wheeler), Hartgen, Harwood, April 5, 2011 Henderson, Higgins, Jaquet, Killen, King, Lacey, Lake, Moyle, Mr. Speaker: Nesset, Patrick, Pence, Perry, Raybould, Ringo, Rusche, We, your COMMITTEE ON JUDICIARY, RULES, AND Schaefer, Shirley, Smith(30), Stevenson, Thompson, Trail, Wills, ADMINISTRATION, report that we have printed H 347, H 348, Wood(27). Total – 40. and H 349. NAYS – Andrus, Barbieri, Barrett, Bateman, Bayer, Boyle, WILLS, Chairman Crane, DeMordaunt, Guthrie, Hagedorn, Hart, Loertscher, Luker, 300 HOUSE JOURNAL April 5, 2011]

Marriott, McGeachin, McMillan, Nielsen, Nonini, Palmer, NAYS – Barrett, Sims. Total – 2. Roberts, Shepherd, Simpson, Sims, Smith(24), Takasugi(Batt), Absent and excused – Chadderdon(Chadderdon). Total – 1. Thayn, Vander Woude, Wood(35), Mr. Speaker. Total – 29. Total – 70. Absent and excused – Chadderdon(Chadderdon). Total – 1. Total – 70. Whereupon the Speaker Pro Tem declared that H 348 passed the House. Title was approved and the bill ordered transmitted to Whereupon the Speaker Pro Tem declared that H 347 passed the Senate. the House. Title was approved and the bill ordered transmitted to the Senate. There being no objection, the House advanced to the Sixteenth Order of Business. Mr. Moyle moved that all rules of the House interfering with the immediate consideration of H 348 be suspended; that the Adjournment 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 Mr. Bedke moved that the House adjourn until 9:30 a.m., dispensed with, this being a case of urgency; and that H 348 be Wednesday, April 6, 2011. Seconded by Mr. Rusche. Motion read the first time by title, second time by title, and third time at carried. length, section by section, and placed before the House for final Whereupon the Speaker Pro Tem declared the House consideration. Seconded by Mr. Rusche. adjourned at 5:25 p.m. The question being, "Shall the rules be suspended?" LAWERENCE DENNEY, Speaker ATTEST: Roll call resulted as follows: BONNIE ALEXANDER, Chief Clerk AYES – Anderson, Andrus, Barbieri, Barrett, Bateman, Bayer, Bedke, Bell, Bilbao, Black, Block, Bolz, Boyle, Buckner-Webb(McCoy), Burgoyne, Chew, Collins, Crane, Cronin, DeMordaunt, Ellsworth, Eskridge, Gibbs(Wheeler), Guthrie, Hagedorn, Hart, Hartgen, Harwood, Henderson, Higgins, Jaquet, Killen, King, Lacey, Lake, Loertscher, Luker, Marriott, McGeachin, McMillan, Moyle, Nesset, Nielsen, Nonini, Palmer, Patrick, Pence, Raybould, Ringo, Roberts, Rusche, Schaefer, Shepherd, Shirley, Simpson, Sims, Smith(30), Smith(24), Stevenson, Takasugi(Batt), Thayn, Thompson, Trail, Vander Woude, Wills, Wood(27), Wood(35), Mr. Speaker. Total – 68. NAYS – None. Absent and excused – Chadderdon(Chadderdon), Perry. Total – 2. Total – 70. Whereupon the Speaker Pro Tem declared that more than two-thirds of the membership having voted in the affirmative, the motion carried, the rules were suspended, and H 348 was read the first time by title, second time by title, and third time at length, section by section, and placed before the House for final consideration. At this time, the Speaker Pro Tem recognized Mr. Bedke to open debate. Mr. Bedke asked unanimous consent that, pursuant to Rule 22, discussion of other bills be allowed in debate of H 348. There being no objection it was so ordered. The question being, "Shall H 348 pass?"

Roll call resulted as follows: AYES – Anderson, Andrus, Barbieri, Bateman, Bayer, Bedke, Bell, Bilbao, Black, Block, Bolz, Boyle, Buckner-Webb(McCoy), Burgoyne, Chew, Collins, Crane, Cronin, DeMordaunt, Ellsworth, Eskridge, Gibbs(Wheeler), Guthrie, Hagedorn, Hart, Hartgen, Harwood, Henderson, Higgins, Jaquet, Killen, King, Lacey, Lake, Loertscher, Luker, Marriott, McGeachin, McMillan, Moyle, Nesset, Nielsen, Nonini, Palmer, Patrick, Pence, Perry, Raybould, Ringo, Roberts, Rusche, Schaefer, Shepherd, Shirley, Simpson, Smith(30), Smith(24), Stevenson, Takasugi(Batt), Thayn, Thompson, Trail, Vander Woude, Wills, Wood(27), Wood(35), Mr. Speaker. Total – 67. [April 6, 2011 HOUSE JOURNAL 301

HOUSE JOURNAL April 5, 2011 OF THE The Honorable Lawerence Denney Speaker of the House

IDAHO LEGISLATURE Dear Mr. Speaker: I have the honor to advise you that I have signed today and FIRST REGULAR SESSION am transmitting to the Secretary of State the following House bill, SIXTY-FIRST LEGISLATURE to wit: H 22 As Always - Idaho, "Esto Perpetua" /s/ C.L. "Butch" Otter EIGHTY-SEVENTH LEGISLATIVE DAY Governor WEDNESDAY, APRIL 6, 2011 OFFICE OF THE GOVERNOR House of Representatives Boise The House convened at 9:30 a.m., the Speaker in the Chair. April 5, 2011 Roll call showed all 70 members present. The Honorable Lawerence Denney Speaker of the House Prayer was offered by Chaplain Tom Dougherty. The Pledge of Allegiance was led by Emily Thiel, Page. Dear Mr. Speaker: I have the honor to advise you that I have signed today and am transmitting to the Secretary of State the following House Approval of Journal bills, to wit: H 24, H 25, H 31, H 39, H 88, H 124, H 136, H 138, H 140, as April 6, 2011 amended in the Senate, H 147, as amended in the Senate, H 150, Mr. Speaker: as amended, H 151, H 165, H 179, H 183, as amended in the We, your COMMITTEE ON JUDICIARY, RULES, AND Senate, H 217, H 225, H 226, H 235, H 236, H 258, H 259, and ADMINISTRATION, report that we have read and approved H 276 the House Journal of the Eighty-sixth Legislative Day and recommend that same be adopted as corrected. As Always - Idaho, "Esto Perpetua" WILLS, Chairman /s/ C.L. "Butch" Otter Governor Mr. Wills moved that the report be adopted. Seconded by Mr. Burgoyne. Report adopted. April 5, 2011 Mr. Speaker: Consideration of Messages from the I transmit herewith enrolled S 1077, as amended in the Governor and the Senate House, S 1189, S 1190, S 1195, S 1196, S 1197, S 1200, S 1201, S 1187, S 1199, S 1203, S 1204, and S 1120 for the signature of the Speaker. OFFICE OF THE GOVERNOR WOOD, Secretary Boise The Speaker announced he was about to sign enrolled S 1077, as amended in the House, S 1189, S 1190, S 1195, April 5, 2011 S 1196, S 1197, S 1200, S 1201, S 1187, S 1199, S 1203, S 1204, The Honorable Lawerence Denney and S 1120 and, when so signed, ordered them returned to the Speaker of the House Senate. April 5, 2011 Dear Mr. Speaker: Mr. Speaker: I have the honor to advise you that I have signed today and I return herewith enrolled H 5, H 218, H 301, H 227, as am transmitting to the Secretary of State the following House amended, H 234, H 272, H 262, H 280, H 95, as amended, as bills, to wit: amended in the Senate, H 328, H 201, H 240, H 232, H 239, H 145, as amended, H 204, H 248, H 251, H 252, H 254, H 260, H 296, H 233, H 257, H 304, H 305, H 306, and H 309 which and H 285 have been signed by the President. WOOD, Secretary As Always - Idaho, "Esto Perpetua" /s/ C.L. "Butch" Otter Enrolled H 5, H 218, H 301, H 227, as amended, H 234, Governor H 272, H 262, H 280, H 95, as amended, as amended in the Senate, H 328, H 201, H 240, H 232, H 239, H 296, H 233, H 257, H 304, H 305, H 306, and H 309 were referred to the OFFICE OF THE GOVERNOR Judiciary, Rules, and Administration Committee for delivery to Boise the Governor. 302 HOUSE JOURNAL April 6, 2011]

April 5, 2011 April 6, 2011 Mr. Speaker: Mr. Speaker: I transmit herewith S 1205, S 1206, S 1207, and We, your COMMITTEE ON JUDICIARY, RULES, AND S 1208 which have passed the Senate. ADMINISTRATION, report that we have enrolled H 137, as WOOD, Secretary amended, as amended in the Senate, and H 205, as amended in the Senate. S 1205, S 1206, S 1207, and S 1208 were filed for first WILLS, Chairman reading. The Speaker announced he was about to sign enrolled H 137, April 5, 2011 as amended, as amended in the Senate, and H 205, as amended Mr. Speaker: in the Senate, and, when so signed, ordered them transmitted to I return herewith H 329, H 330, H 264, H 298, H 191, H 231, the Senate for the signature of the President. as amended, H 318, and H 338 which have passed the Senate. WOOD, Secretary April 6, 2011 Mr. Speaker: H 329, H 330, H 264, H 298, H 191, H 231, as amended, We, your COMMITTEE ON JUDICIARY, RULES, AND H 318, and H 338 were referred to the Judiciary, Rules, and ADMINISTRATION, report that we have engrossed H 129, as Administration Committee for enrolling. amended in the Senate, and H 193, as amended, as amended in April 5, 2011 the Senate. Mr. Speaker: WILLS, Chairman I return herewith H 277, as amended in the Senate, which H 129, as amended in the Senate, and H 193, as amended, as has failed to pass the Senate. amended in the Senate, were filed for first reading of engrossed WOOD, Secretary bills. H 277, as amended in the Senate, was ordered filed in the office of the Chief Clerk. April 5, 2011 Mr. Speaker: April 5, 2011 We, your COMMITTEE ON JUDICIARY, RULES, AND Mr. Speaker: ADMINISTRATION, report that we have transmitted enrolled I return herewith H 297, as amended in the Senate, H 195, H 210, H 228, H 194, H 213, H 214, H 163, H 286, H 287, as amended in the Senate, and H 310, as amended in the Senate, H 288, H 289, H 290, H 291, H 292, H 293, H 294, H 224, which have passed the Senate. H 206, H 269, H 270, H 181, as amended, H 207, as amended, WOOD, Secretary H 159, H 83, and H 175 to the Governor at 11:15 a.m., as of this date, April 5, 2011. H 297, as amended in the Senate, H 195, as amended in the WILLS, Chairman Senate, and H 310, as amended in the Senate, were ordered held at the Desk. April 5, 2011 Mr. Moyle asked unanimous consent that the House concur Mr. Speaker: in the Senate amendments to H 297, as amended in the Senate. We, your COMMITTEE ON COMMERCE AND HUMAN There being no objection, it was so ordered. RESOURCES, report that we have had under consideration S 1193 and recommend that it do pass. Ms. Sims asked unanimous consent that the House concur BLOCK, Chairman in the Senate amendments to H 195, as amended in the Senate. There being no objection, it was so ordered. S 1193 was filed for second reading. Mr. Loertscher asked unanimous consent that the House April 6, 2011 concur in the Senate amendments to H 310, as amended in the Mr. Speaker: Senate. There being no objection, it was so ordered. We, your COMMITTEE ON EDUCATION, report that we have had under consideration H 344 and H 346 and recommend H 297, as amended in the Senate, H 195, as amended in the that they do pass. Senate, and H 310, as amended in the Senate, were referred to the NONINI, Chairman Judiciary, Rules, and Administration Committee for engrossing. H 344 and H 346 were filed for second reading. Report of Standing Committees April 6, 2011 April 6, 2011 Mr. Speaker: Mr. Speaker: We, your COMMITTEE ON STATE AFFAIRS, report that We, your COMMITTEE ON JUDICIARY, RULES, AND we have had under consideration SCR 107 and recommend that ADMINISTRATION, report that we have enrolled H 323, H 324, it do pass. H 325, H 91, as amended, as amended, H 283, H 299, and H 275, LOERTSCHER, Chairman as amended. SCR 107 was filed for second reading. WILLS, Chairman There being no objection, the House advanced to the Eighth The Speaker announced he was about to sign enrolled Order of Business. H 323, H 324, H 325, H 91, as amended, as amended, H 283, H 299, and H 275, as amended, and, when so signed, ordered Introduction, First Reading, and Reference them transmitted to the Senate for the signature of the President. of Bills and Joint Resolutions [April 6, 2011 HOUSE JOURNAL 303

HOUSE BILL NO. 350 ELIGIBILITY TO VOTE IN PRIMARY ELECTIONS, TO BY WAYS AND MEANS COMMITTEE PROVIDE PROVISIONS RELATING TO NOTIFICATION TO AN ACT THE SECRETARY OF STATE, TO PROVIDE PROVISIONS RELATING TO THE IDAHO VIDEO SERVICE ACT; RELATING TO THE DECLARATION BY CERTAIN AMENDING TITLE 50, IDAHO CODE, BY THE ADDITION ELECTORS OF CHOICE OF PRIMARY BALLOT AND TO OF A NEW CHAPTER 30, TITLE 50, IDAHO CODE, TO PROVIDE PROVISIONS RELATING TO THE APPLICATION PROVIDE A SHORT TITLE, TO DEFINE TERMS, TO OF LAW TO CERTAIN ELECTORS DESIGNATED AS PROVIDE FOR FRANCHISING AUTHORITY, TO PROVIDE "UNAFFILIATED"; AMENDING SECTION 34-1002, FOR THE USE OF PUBLIC RIGHTS-OF-WAY, TO PROVIDE IDAHO CODE, TO REVISE PROVISIONS RELATING FOR MODIFICATIONS OF EXISTING FRANCHISE TO APPLICATIONS FOR ABSENTEE BALLOTS, TO AGREEMENTS, TO PROVIDE FOR FEES, TO PROVIDE REVISE TERMINOLOGY AND TO MAKE TECHNICAL FOR A HOLDER OF CERTIFICATE, TO PROVIDE FOR CORRECTIONS; AMENDING SECTION 34-1003, IDAHO PROVISION OF ACCESS TO VIDEO SERVICE WITHIN CODE, TO REVISE PROVISIONS APPLICABLE TO THE A CERTAIN PERIOD, TO PROVIDE FOR AMENDMENT ISSUANCE OF ABSENTEE BALLOTS; AND PROVIDING OF THE CERTIFICATE OF FRANCHISE AUTHORITY, SEVERABILITY. TO PROVIDE FOR SUSPENSION OF AUTHORITY FOR NONCOMPLIANCE WITH CERTAIN REQUIREMENTS, H 350 and H 351 were introduced, read the first time by TO PROVIDE FOR A VIDEO SERVICE PROVIDER title, and referred to the Judiciary, Rules, and Administration FEE, TO PROVIDE FOR NONDISCRIMINATION BY Committee for printing. GOVERNMENTAL ENTITIES RELATING TO USE OF THE PUBLIC RIGHTS-OF-WAY, TO PROHIBIT S 1205, S 1206, and S 1207, by Finance Committee, were DISCRIMINATION AMONG POTENTIAL RESIDENTIAL introduced, read the first time by title, and filed for second SUBSCRIBERS AND TO PROVIDE FOR VIOLATIONS, reading. TO PROVIDE FOR CUSTOMER SERVICE STANDARDS, S 1208, by State Affairs Committee, was introduced, read the TO PROVIDE FOR DESIGNATION AND USE OF first time by title, and referred to the Education Committee. CHANNEL CAPACITY FOR PUBLIC, EDUCATIONAL OR GOVERNMENTAL USE AND TO PROVIDE FOR APPLICABILITY OF OTHER LAW; AND PROVIDING First Reading of Engrossed Bills SEVERABILITY. H 129, as amended in the Senate, by Commerce and Human HOUSE BILL NO. 351 Resources Committee, was introduced, read the first time by title, BY STATE AFFAIRS COMMITTEE and filed for second reading. AN ACT RELATING TO ELECTIONS; PROVIDING H 193, as amended, as amended in the Senate, by State LEGISLATIVE INTENT; AMENDING SECTION 34-308, Affairs Committee, was introduced, read the first time by title, IDAHO CODE, TO REVISE PROVISIONS RELATING TO and filed for second reading. MAIL BALLOT PRECINCTS, TO PROVIDE PROVISIONS RELATING TO ELECTORS WHO HAVE DESIGNATED A POLITICAL PARTY AFFILIATION AND TO PROVIDE Second Reading of Bills and Joint Resolutions PROVISIONS RELATING TO "UNAFFILIATED" S 1001, as amended, by McGee, was read the second time ELECTORS; AMENDING SECTION 34-404, IDAHO by title and filed for third reading. CODE, TO REVISE PROVISIONS RELATING TO THE REGISTRATION OF ELECTORS AND TO PROVIDE SCR 109, by State Affairs Committee, was read the second PROVISIONS RELATING TO PRIMARY ELECTIONS; time by title and filed for third reading. AMENDING SECTION 34-406, IDAHO CODE, TO REMOVE A REFERENCE TO MAIL REGISTRATION H 333, H 334, and H 340, by Education Committee, were FORMS, TO REVISE A CODE REFERENCE AND TO read the second time by title and filed for third reading. MAKE TECHNICAL CORRECTIONS; AMENDING SECTION 34-411, IDAHO CODE, TO REVISE PROVISIONS S 1202, by Finance Committee, was read the second time by RELATING TO APPLICATION FOR REGISTRATION, TO title and filed for third reading. REVISE TERMINOLOGY AND TO MAKE A TECHNICAL CORRECTION; AMENDING CHAPTER 4, TITLE 34, There being no objection, the House returned to the Seventh IDAHO CODE, BY THE ADDITION OF A NEW SECTION Order of Business. 34-411A, IDAHO CODE, TO PROVIDE PROVISIONS Motions, Memorials, and Resolutions RELATING TO PRIMARY ELECTIONS, TO PROVIDE PROVISIONS RELATING TO AN ELECTOR'S CHANGE OF Mr. Moyle moved that all rules of the House interfering with PARTY AFFILIATION OR AN ELECTOR'S DESIGNATION the immediate consideration of H 344 be suspended; that the AS "UNAFFILIATED" AND TO PROVIDE PROVISIONS portions of Section 15, Article 3 of the Constitution of the State RELATING TO "UNAFFILIATED" ELECTORS SELECTION of Idaho, requiring all bills to be read on three several days be OF POLITICAL PARTY AFFILIATION; AMENDING dispensed with, this being a case of urgency; and that H 344 be SECTION 34-904, IDAHO CODE, TO REVISE PROVISIONS read the first time by title, second time by title, and third time at RELATING TO PRIMARY ELECTION BALLOTS; length, section by section, and placed before the House for final AMENDING CHAPTER 9, TITLE 34, IDAHO CODE, BY consideration. Seconded by Mr. Rusche. THE ADDITION OF A NEW SECTION 34-904A, IDAHO CODE, TO SET FORTH PROVISIONS RELATING TO THE The question being, "Shall the rules be suspended?" 304 HOUSE JOURNAL April 6, 2011]

Roll call resulted as follows: Report of Standing Committees AYES – Anderson, Andrus, Barbieri, Bateman, Bayer, Bedke, Bell, Bilbao, Black, Block, Bolz, Boyle, April 6, 2011 Buckner-Webb(McCoy), Burgoyne, Chadderdon(Chadderdon), Mr. Speaker: Collins, Crane, Cronin, DeMordaunt, Ellsworth, Eskridge, We, your COMMITTEE ON JUDICIARY, RULES, AND Gibbs(Wheeler), Guthrie, Hagedorn, Hart, Hartgen, Harwood, ADMINISTRATION, report that we have printed H 350 and Henderson, Higgins, Jaquet, Killen, King, Lacey, Lake, H 351. Loertscher, Luker, Marriott, McGeachin, McMillan, Moyle, WILLS, Chairman Nesset, Nielsen, Nonini, Palmer, Patrick, Pence, Perry, Raybould, Ringo, Roberts, Rusche, Schaefer, Shepherd, Shirley, Simpson, H 350 was referred to the Ways and Means Committee. Sims, Smith(30), Smith(24), Stevenson, Takasugi(Batt), Thayn, H 351 was filed for second reading. Thompson, Trail, Vander Woude, Wills, Wood(27), Wood(35), Mr. Speaker. Total – 68. There being no objection, the House advanced to the Seventh NAYS – None. Order of Business. Absent and excused – Barrett, Chew. Total – 2. Total – 70. Motions, Memorials, and Resolutions Mr. Moyle moved that all rules of the House interfering with Whereupon the Speaker declared that more than two-thirds the immediate consideration of H 333 be suspended; that the of the membership having voted in the affirmative, the motion portions of Section 15, Article 3 of the Constitution of the State carried, the rules were suspended, and H 344 was read the first of Idaho, requiring all bills to be read on three several days be time by title, second time by title, and third time at length, section dispensed with, this being a case of urgency; and that H 333 be by section, and placed before the House for final consideration. read the first time by title, second time by title, and third time at length, section by section, and placed before the House for final At this time, the Speaker recognized Mr. Nonini to open consideration. Seconded by Mr. Rusche. debate. The question being, "Shall the rules be suspended?" The question being, "Shall H 344 pass?" Roll call resulted as follows: Roll call resulted as follows: AYES – Anderson, Andrus, Barbieri, Barrett, AYES – Anderson, Andrus, Barbieri, Bateman, Bateman, Bayer, Bedke, Bell, Bilbao, Black, Block, Bolz, Bayer, Bedke, Bell, Bilbao, Black, Block, Bolz, Boyle, Buckner-Webb(McCoy), Burgoyne, Chadderdon(Chadderdon), Buckner-Webb(McCoy), Burgoyne, Chadderdon(Chadderdon), Collins, Crane, Cronin, DeMordaunt, Ellsworth, Eskridge, Chew, Collins, Crane, Cronin, DeMordaunt, Ellsworth, Gibbs(Wheeler), Guthrie, Hagedorn, Hart, Hartgen, Harwood, Eskridge, Gibbs(Wheeler), Guthrie, Hagedorn, Hart, Hartgen, Henderson, Higgins, Jaquet, Killen, King, Lacey, Lake, Harwood, Henderson, Higgins, Jaquet, Killen, King, Lacey, Loertscher, Luker, Marriott, McGeachin, McMillan, Moyle, Lake, Loertscher, Luker, Marriott, McGeachin, McMillan, Nesset, Nielsen, Nonini, Palmer, Patrick, Pence, Perry, Raybould, Moyle, Nesset, Nielsen, Nonini, Palmer, Patrick, Pence, Ringo, Roberts, Rusche, Schaefer, Shepherd, Shirley, Simpson, Perry, Raybould, Roberts, Rusche, Schaefer, Shepherd, Sims, Smith(30), Smith(24), Stevenson, Takasugi(Batt), Thayn, Shirley, Simpson, Sims, Smith(30), Smith(24), Stevenson, Thompson, Trail, Vander Woude, Wills, Wood(27), Wood(35), Takasugi(Batt), Thayn, Thompson, Trail, Vander Woude, Wills, Mr. Speaker. Total – 68. Wood(27), Wood(35), Mr. Speaker. Total – 68. NAYS – None. NAYS – Ringo. Total – 1. Absent and excused – Boyle, Chew. Total – 2. Absent and excused – Barrett. Total – 1. Total – 70. Total – 70. Whereupon the Speaker declared that more than two-thirds Whereupon the Speaker declared that H 344 passed the of the membership having voted in the affirmative, the motion House. Title was approved and the bill ordered transmitted to carried, the rules were suspended, and H 333 was read the first the Senate. time by title, second time by title, and third time at length, section by section, and placed before the House for final consideration.

Mr. Moyle moved that the House recess until At this time, the Speaker recognized Mr. Shirley to open 1:15 p.m. Seconded by Mr. Rusche. Motion carried. debate. Whereupon the Speaker declared the House at recess until The question being, "Shall H 333 pass?" 1:15 p.m. RECESS Roll call resulted as follows: AYES – Anderson, Andrus, Barbieri, Barrett, Afternoon Session Bateman, Bayer, Bedke, Bell, Bilbao, Black, Block, Bolz, Buckner-Webb(McCoy), Burgoyne, Chadderdon(Chadderdon), The House reconvened at 1:15 p.m., the Speaker in the Chair. Collins, Crane, Cronin, DeMordaunt, Ellsworth, Eskridge, Gibbs(Wheeler), Guthrie, Hagedorn, Hart, Hartgen, Harwood, Prior to recess, the House was at the Seventh Order of Henderson, Higgins, Jaquet, Killen, King, Lacey, Lake, Business. Loertscher, Luker, Marriott, McGeachin, McMillan, Moyle, Nesset, Nielsen, Nonini, Palmer, Patrick, Pence, Perry, Raybould, There being no objection, the House returned to the Fifth Ringo, Roberts, Rusche, Schaefer, Shepherd, Shirley, Simpson, Order of Business. Sims, Smith(30), Smith(24), Stevenson, Takasugi(Batt), Thayn, [April 6, 2011 HOUSE JOURNAL 305

Thompson, Trail, Vander Woude, Wills, Wood(27), Wood(35), Whereupon the Speaker declared that H 334 passed the Mr. Speaker. Total – 68. House. Title was approved and the bill ordered transmitted to NAYS – None. the Senate. Absent and excused – Boyle, Chew. Total – 2. Total – 70. Mr. Moyle moved that all rules of the House interfering with the immediate consideration of H 340 be suspended; that the Whereupon the Speaker declared that H 333 passed the portions of Section 15, Article 3 of the Constitution of the State House. Title was approved and the bill ordered transmitted to of Idaho, requiring all bills to be read on three several days be the Senate. dispensed with, this being a case of urgency; and that H 340 be read the first time by title, second time by title, and third time at length, section by section, and placed before the House for final Mr. Moyle moved that all rules of the House interfering with consideration. Seconded by Mr. Rusche. the immediate consideration of H 334 be suspended; that the portions of Section 15, Article 3 of the Constitution of the State The question being, "Shall the rules be suspended?" of Idaho, requiring all bills to be read on three several days be dispensed with, this being a case of urgency; and that H 334 be Roll call resulted as follows: read the first time by title, second time by title, and third time at AYES – Anderson, Andrus, Barbieri, Barrett, length, section by section, and placed before the House for final Bateman, Bayer, Bedke, Bell, Bilbao, Black, Block, Bolz, consideration. Seconded by Mr. Rusche. Buckner-Webb(McCoy), Burgoyne, Chadderdon(Chadderdon), Collins, Crane, Cronin, DeMordaunt, Ellsworth, Eskridge, The question being, "Shall the rules be suspended?" Gibbs(Wheeler), Guthrie, Hagedorn, Hart, Hartgen, Harwood, Henderson, Higgins, Jaquet, Killen, King, Lacey, Lake, Roll call resulted as follows: Loertscher, Luker, Marriott, McGeachin, McMillan, Moyle, AYES – Anderson, Andrus, Barbieri, Barrett, Nesset, Nielsen, Nonini, Palmer, Patrick, Pence, Perry, Raybould, Bateman, Bayer, Bedke, Bell, Bilbao, Black, Block, Bolz, Ringo, Roberts, Rusche, Schaefer, Shepherd, Shirley, Simpson, Buckner-Webb(McCoy), Burgoyne, Chadderdon(Chadderdon), Sims, Smith(30), Smith(24), Stevenson, Takasugi(Batt), Thayn, Collins, Crane, Cronin, DeMordaunt, Ellsworth, Eskridge, Thompson, Trail, Vander Woude, Wills, Wood(27), Wood(35), Gibbs(Wheeler), Guthrie, Hagedorn, Hart, Hartgen, Harwood, Mr. Speaker. Total – 68. Henderson, Higgins, Jaquet, Killen, King, Lacey, Lake, NAYS – None. Loertscher, Luker, Marriott, McGeachin, McMillan, Moyle, Absent and excused – Boyle, Chew. Total – 2. Nesset, Nielsen, Nonini, Palmer, Patrick, Pence, Perry, Raybould, Total – 70. Ringo, Roberts, Rusche, Schaefer, Shepherd, Shirley, Simpson, Sims, Smith(30), Smith(24), Stevenson, Takasugi(Batt), Thayn, Whereupon the Speaker declared that more than two-thirds Thompson, Trail, Vander Woude, Wills, Wood(27), Wood(35), of the membership having voted in the affirmative, the motion Mr. Speaker. Total – 68. carried, the rules were suspended, and H 340 was read the first NAYS – None. time by title, second time by title, and third time at length, section Absent and excused – Boyle, Chew. Total – 2. by section, and placed before the House for final consideration. Total – 70. At this time, the Speaker recognized Mr. Cronin to open debate. Whereupon the Speaker declared that more than two-thirds of the membership having voted in the affirmative, the motion The question being, "Shall H 340 pass?" carried, the rules were suspended, and H 334 was read the first time by title, second time by title, and third time at length, section Roll call resulted as follows: by section, and placed before the House for final consideration. AYES – Anderson, Andrus, Barbieri, Barrett, Bateman, Bayer, Bedke, Bell, Bilbao, Black, Block, Bolz, Boyle, At this time, the Speaker recognized Mrs. Block to open Buckner-Webb(McCoy), Burgoyne, Chadderdon(Chadderdon), debate. Chew, Collins, Crane, Cronin, DeMordaunt, Ellsworth, Eskridge, Gibbs(Wheeler), Guthrie, Hagedorn, Hart, Hartgen, Harwood, The question being, "Shall H 334 pass?" Henderson, Higgins, Jaquet, Killen, King, Lacey, Lake, Loertscher, Luker, McGeachin, McMillan, Moyle, Nesset, Roll call resulted as follows: Nielsen, Nonini, Palmer, Patrick, Pence, Perry, Raybould, AYES – Anderson, Andrus, Barbieri, Barrett, Ringo, Roberts, Rusche, Schaefer, Shepherd, Shirley, Simpson, Bateman, Bayer, Bedke, Bell, Bilbao, Black, Block, Bolz, Sims, Smith(30), Smith(24), Stevenson, Takasugi(Batt), Thayn, Chadderdon(Chadderdon), Chew, Collins, Crane, Cronin, Thompson, Trail, Vander Woude, Wills, Wood(27), Wood(35), DeMordaunt, Eskridge, Gibbs(Wheeler), Guthrie, Hagedorn, Mr. Speaker. Total – 69. Hart, Hartgen, Harwood, Henderson, Jaquet, Lacey, Lake, NAYS – Marriott. Total – 1. Loertscher, Luker, Marriott, McGeachin, McMillan, Moyle, Total – 70. Nesset, Nielsen, Nonini, Palmer, Patrick, Pence, Perry, Raybould, Roberts, Schaefer, Shepherd, Shirley, Simpson, Sims, Stevenson, Whereupon the Speaker declared that H 340 passed the Takasugi(Batt), Thayn, Thompson, Trail, Vander Woude, Wills, House. Title was approved and the bill ordered transmitted to Wood(27), Wood(35), Mr. Speaker. Total – 59. the Senate. NAYS – Buckner-Webb(McCoy), Burgoyne, Ellsworth, Higgins, Killen, King, Ringo, Rusche, Smith(30), Smith(24). Mr. Moyle moved that all rules of the House interfering with Total – 10. the immediate consideration of S 1202 be suspended; that the Absent and excused – Boyle. Total – 1. portions of Section 15, Article 3 of the Constitution of the State Total – 70. of Idaho, requiring all bills to be read on three several days be 306 HOUSE JOURNAL April 6, 2011] dispensed with, this being a case of urgency; and that S 1202 be Roll call resulted as follows: read the first time by title, second time by title, and third time at AYES – Anderson, Andrus, Barbieri, Barrett, length, section by section, and placed before the House for final Bateman, Bayer, Bedke, Bell, Bilbao, Black, Block, Bolz, consideration. Seconded by Mr. Rusche. Buckner-Webb(McCoy), Burgoyne, Chadderdon(Chadderdon), Collins, Crane, Cronin, DeMordaunt, Ellsworth, Eskridge, The question being, "Shall the rules be suspended?" Gibbs(Wheeler), Guthrie, Hagedorn, Hart, Hartgen, Harwood, Henderson, Higgins, Jaquet, Killen, King, Lacey, Lake, Roll call resulted as follows: Loertscher, Luker, Marriott, McGeachin, McMillan, Moyle, AYES – Anderson, Andrus, Barbieri, Barrett, Nesset, Nielsen, Nonini, Palmer, Patrick, Pence, Perry, Raybould, Bateman, Bayer, Bedke, Bell, Bilbao, Black, Block, Bolz, Ringo, Roberts, Rusche, Schaefer, Shepherd, Shirley, Simpson, Buckner-Webb(McCoy), Burgoyne, Chadderdon(Chadderdon), Sims, Smith(30), Smith(24), Stevenson, Takasugi(Batt), Thayn, Collins, Crane, Cronin, DeMordaunt, Ellsworth, Eskridge, Thompson, Trail, Vander Woude, Wills, Wood(27), Wood(35), Gibbs(Wheeler), Guthrie, Hagedorn, Hart, Hartgen, Harwood, Mr. Speaker. Total – 68. Henderson, Higgins, Jaquet, Killen, King, Lacey, Lake, NAYS – None. Loertscher, Luker, Marriott, McGeachin, McMillan, Moyle, Absent and excused – Boyle, Chew. Total – 2. Nesset, Nielsen, Nonini, Palmer, Patrick, Pence, Perry, Raybould, Total – 70. Ringo, Roberts, Rusche, Schaefer, Shepherd, Shirley, Simpson, Sims, Smith(30), Smith(24), Stevenson, Takasugi(Batt), Thayn, Whereupon the Speaker declared that more than two-thirds Thompson, Trail, Vander Woude, Wills, Wood(27), Wood(35), of the membership having voted in the affirmative, the motion Mr. Speaker. Total – 68. carried, the rules were suspended, and S 1001, as amended, was NAYS – None. read the first time by title, second time by title, and third time at Absent and excused – Boyle, Chew. Total – 2. length, section by section, and placed before the House for final Total – 70. consideration. At this time, the Speaker recognized Mr. Roberts to open Whereupon the Speaker declared that more than two-thirds debate. of the membership having voted in the affirmative, the motion carried, the rules were suspended, and S 1202 was read the first Pursuant to Rule 38(3), Ms. Sims disclosed a conflict of time by title, second time by title, and third time at length, section interest regarding S 1001, as amended. by section, and placed before the House for final consideration. The question being, "Shall S 1001, as amended, pass?" At this time, the Speaker recognized Mr. Bolz to open debate. Roll call resulted as follows: The question being, "Shall S 1202 pass?" AYES – Anderson, Bell, Bilbao, Black, Block, Bolz, Buckner-Webb(McCoy), Burgoyne, Chadderdon(Chadderdon), Roll call resulted as follows: Chew, Collins, Cronin, Ellsworth, Eskridge, Guthrie, Hagedorn, AYES – Anderson, Andrus, Barrett, Bateman, Bayer, Henderson, Higgins, Jaquet, Killen, King, Lacey, Luker, Bedke, Bell, Bilbao, Black, Block, Bolz, Boyle, Collins, McGeachin, McMillan, Nesset, Patrick, Pence, Perry, Raybould, Crane, DeMordaunt, Eskridge, Gibbs(Wheeler), Guthrie, Ringo, Roberts, Rusche, Shepherd, Shirley, Smith(30), Hagedorn, Henderson, Lake, Loertscher, Luker, Marriott, Moyle, Smith(24), Stevenson, Trail, Wills, Wood(27). Total – 41. Nesset, Nielsen, Nonini, Palmer, Perry, Raybould, Roberts, NAYS – Andrus, Barbieri, Barrett, Bateman, Bayer, Shepherd, Shirley, Simpson, Sims, Stevenson, Thayn, Thompson, Bedke, Boyle, Crane, Gibbs(Wheeler), Hartgen, Harwood, Vander Woude, Wills, Wood(27), Wood(35), Mr. Speaker. Lake, Loertscher, Marriott, Moyle, Nielsen, Nonini, Palmer, Total – 44. Schaefer, Simpson, Sims, Takasugi(Batt), Thayn, Thompson, NAYS – Barbieri, Buckner-Webb(McCoy), Burgoyne, Vander Woude, Wood(35), Mr. Speaker. Total – 27. Chadderdon(Chadderdon), Chew, Cronin, Ellsworth, Hartgen, Absent and excused – DeMordaunt, Hart. Total – 2. Harwood, Higgins, Jaquet, Killen, King, Lacey, McGeachin, Total – 70. McMillan, Pence, Ringo, Rusche, Schaefer, Smith(30), Smith(24). Total – 22. Whereupon the Speaker declared that S 1001, as Absent and excused – Hart, Patrick, Takasugi(Batt), Trail. amended, passed the House. Title was approved and the bill Total – 4. ordered returned to the Senate. Total – 70. Mr. Moyle moved that all rules of the House interfering with Whereupon the Speaker declared that S 1202 passed the the immediate consideration of SCR 109 be suspended; that the House. Title was approved and the bill ordered returned to the portions of Section 15, Article 3 of the Constitution of the State Senate. of Idaho, requiring all bills to be read on three several days be dispensed with, this being a case of urgency; and that SCR 109 be Mr. Moyle moved that all rules of the House interfering read the first time by title, second time by title, and third time with the immediate consideration of S 1001, as amended, be at length, and placed before the House for final consideration. suspended; that the portions of Section 15, Article 3 of the Seconded by Mr. Rusche. Constitution of the State of Idaho, requiring all bills to be read on three several days be dispensed with, this being a case of The question being, "Shall the rules be suspended?" urgency; and that S 1001, as amended, be read the first time by title, second time by title, and third time at length, section Roll call resulted as follows: by section, and placed before the House for final consideration. AYES – Anderson, Andrus, Barbieri, Barrett, Seconded by Mr. Rusche. Bateman, Bayer, Bedke, Bell, Bilbao, Black, Block, Bolz, Buckner-Webb(McCoy), Burgoyne, Chadderdon(Chadderdon), The question being, "Shall the rules be suspended?" Collins, Crane, Cronin, DeMordaunt, Ellsworth, Eskridge, [April 6, 2011 HOUSE JOURNAL 307

Gibbs(Wheeler), Guthrie, Hagedorn, Hart, Hartgen, Harwood, Smith(24), Stevenson, Thayn, Trail, Wills, Wood(27), Henderson, Higgins, Jaquet, Killen, King, Lacey, Lake, Mr. Speaker. Total – 37. Loertscher, Luker, Marriott, McGeachin, McMillan, Moyle, NAYS – Barbieri, Barrett, Bateman, Bayer, Bell, Black, Nesset, Nielsen, Nonini, Palmer, Patrick, Pence, Perry, Raybould, Block, Boyle, Chadderdon(Chadderdon), Collins, Crane, Ringo, Roberts, Rusche, Schaefer, Shepherd, Shirley, Simpson, Gibbs(Wheeler), Hartgen, Harwood, Henderson, Lake, Sims, Smith(30), Smith(24), Stevenson, Takasugi(Batt), Thayn, Loertscher, Marriott, McMillan, Nielsen, Nonini, Palmer, Perry, Thompson, Trail, Vander Woude, Wills, Wood(27), Wood(35), Schaefer, Shepherd, Simpson, Sims, Takasugi(Batt), Thompson, Mr. Speaker. Total – 68. Vander Woude, Wood(35). Total – 31. NAYS – None. Absent and excused – DeMordaunt, Hart. Total – 2. Absent and excused – Boyle, Chew. Total – 2. Total – 70. Total – 70. Whereupon the Speaker declared the motion passed and Whereupon the Speaker declared that more than two-thirds H 346 was laid on the table. of the membership having voted in the affirmative, the motion carried, the rules were suspended, and SCR 109 was read the first At this time, Mr. Moyle took the Chair. time by title, second time by title, and third time at length, and Mr. Bedke moved that all rules of the House interfering with placed before the House for final consideration. the immediate consideration of H 351 be suspended; that the portions of Section 15, Article 3 of the Constitution of the State At this time, the Speaker recognized Mr. Hagedorn to open of Idaho, requiring all bills to be read on three several days be debate. dispensed with, this being a case of urgency; and that H 351 be The question being, "Shall SCR 109 be adopted?" read the first time by title, second time by title, and third time at length, section by section, and placed before the House for final Whereupon the Speaker declared SCR 109 adopted by voice consideration. Seconded by Mr. Rusche. vote and ordered the resolution returned to the Senate. The question being, "Shall the rules be suspended?" Mr. Moyle moved that all rules of the House interfering with the immediate consideration of H 346 be suspended; that the Roll call resulted as follows: portions of Section 15, Article 3 of the Constitution of the State AYES – Anderson, Andrus, Barbieri, Barrett, of Idaho, requiring all bills to be read on three several days be Bateman, Bayer, Bedke, Bell, Bilbao, Black, Block, Bolz, dispensed with, this being a case of urgency; and that H 346 be Buckner-Webb(McCoy), Burgoyne, Chadderdon(Chadderdon), read the first time by title, second time by title, and third time at Collins, Crane, Cronin, DeMordaunt, Ellsworth, Eskridge, length, section by section, and placed before the House for final Gibbs(Wheeler), Guthrie, Hagedorn, Hart, Hartgen, Harwood, consideration. Seconded by Mr. Rusche. Henderson, Higgins, Jaquet, Killen, King, Lacey, Lake, Loertscher, Luker, Marriott, McGeachin, McMillan, Moyle, The question being, "Shall the rules be suspended?" Nesset, Nielsen, Nonini, Palmer, Patrick, Pence, Perry, Raybould, Ringo, Roberts, Rusche, Schaefer, Shepherd, Shirley, Simpson, Roll call resulted as follows: Sims, Smith(30), Smith(24), Stevenson, Takasugi(Batt), Thayn, AYES – Anderson, Andrus, Barbieri, Barrett, Thompson, Trail, Vander Woude, Wills, Wood(27), Wood(35), Bateman, Bayer, Bedke, Bell, Bilbao, Black, Block, Bolz, Mr. Speaker. Total – 68. Buckner-Webb(McCoy), Burgoyne, Chadderdon(Chadderdon), NAYS – None. Collins, Crane, Cronin, DeMordaunt, Ellsworth, Eskridge, Absent and excused – Boyle, Chew. Total – 2. Gibbs(Wheeler), Guthrie, Hagedorn, Hart, Hartgen, Harwood, Total – 70. Henderson, Higgins, Jaquet, Killen, King, Lacey, Lake, Loertscher, Luker, Marriott, McGeachin, McMillan, Moyle, Whereupon the Speaker Pro Tem declared that more than Nesset, Nielsen, Nonini, Palmer, Patrick, Pence, Perry, Raybould, two-thirds of the membership having voted in the affirmative, Ringo, Roberts, Rusche, Schaefer, Shepherd, Shirley, Simpson, the motion carried, the rules were suspended, and H 351 was Sims, Smith(30), Smith(24), Stevenson, Takasugi(Batt), Thayn, read the first time by title, second time by title, and third time at Thompson, Trail, Vander Woude, Wills, Wood(27), Wood(35), length, section by section, and placed before the House for final Mr. Speaker. Total – 68. consideration. NAYS – None. Absent and excused – Boyle, Chew. Total – 2. At this time, the Speaker Pro Tem recognized Mr. Denney to Total – 70. open debate. Whereupon the Speaker declared that more than two-thirds The question being, "Shall H 351 pass?" of the membership having voted in the affirmative, the motion carried, the rules were suspended, and H 346 was read the first Roll call resulted as follows: time by title, second time by title, and third time at length, section AYES – Anderson, Andrus, Barbieri, Barrett, Bateman, by section, and placed before the House for final consideration. Bayer, Bedke, Bell, Bilbao, Black, Block, Bolz, Boyle, Chadderdon(Chadderdon), Collins, Crane, Eskridge, Pursuant to Rule 35, Mr. Rusche moved to Lay on the Table Gibbs(Wheeler), Guthrie, Hagedorn, Hartgen, Harwood, H 346. Mrs. Higgins seconded the motion. Henderson, Lake, Loertscher, Luker, Marriott, McGeachin, McMillan, Moyle, Nesset, Nielsen, Nonini, Palmer, Patrick, Roll call resulted as follows: Perry, Raybould, Roberts, Schaefer, Shepherd, Shirley, AYES – Anderson, Andrus, Bedke, Bilbao, Bolz, Simpson, Sims, Stevenson, Takasugi(Batt), Thayn, Thompson, Buckner-Webb(McCoy), Burgoyne, Chew, Cronin, Ellsworth, Vander Woude, Wills, Wood(35), Mr. Speaker. Total – 51. Eskridge, Guthrie, Hagedorn, Higgins, Jaquet, Killen, King, NAYS – Buckner-Webb(McCoy), Burgoyne, Chew, Cronin, Lacey, Luker, McGeachin, Moyle, Nesset, Patrick, Pence, Ellsworth, Higgins, Jaquet, Killen, King, Lacey, Pence, Ringo, Raybould, Ringo, Roberts, Rusche, Shirley, Smith(30), Rusche, Smith(30), Smith(24), Trail. Total – 16. 308 HOUSE JOURNAL April 6, 2011]

Absent and excused – DeMordaunt, Hart, Wood(27). Loertscher, Marriott, McGeachin, McMillan, Moyle, Nesset, Total – 3. Nonini, Palmer, Patrick, Pence, Perry, Raybould, Ringo, Roberts, Paired Votes: Rusche, Schaefer, Shepherd, Shirley, Simpson, Smith(30), AYE – Roberts NAY – Higgins Smith(24), Stevenson, Takasugi(Batt), Thompson, Trail, AYE – Bilbao NAY – Pence Vander Woude, Wills, Wood(27). Total – 58. (Pairs enumerated in roll call above.) NAYS – Barrett, Burgoyne, Gibbs(Wheeler), Luker, Nielsen, Total – 70. Sims, Thayn, Wood(35). Total – 8. Absent and excused – Bilbao, DeMordaunt, Hart, Whereupon the Speaker Pro Tem declared that H 351 passed Mr. Speaker. Total – 4. the House. Title was approved and the bill ordered transmitted to Total – 70. the Senate. Whereupon the Speaker Pro Tem declared that S 1156 passed There being no objection, the House advanced to the the House. Title was approved and the bill ordered returned to the Eleventh Order of Business. Senate. Third Reading of Bills and Joint Resolutions S 1186 was read the third time at length, section by section, and placed before the House for final consideration. Mr. Bedke asked unanimous consent that S 1111, as amended in the House, be placed immediately following S 1186 on the At this time, the Speaker Pro Tem recognized Mr. Thayn to Third Reading Calendar. There being no objection, it was so open debate. ordered. At this time, the Speaker took the Chair. Mr. Bedke asked unanimous consent that S 1085, as amended in the House, be placed at the bottom of the Third The question being, "Shall S 1186 pass?" Reading Calendar. There being no objection, it was so ordered. Roll call resulted as follows: S 1094 was read the third time at length, section by section, AYES – Anderson, Andrus, Barbieri, Barrett, and placed before the House for final consideration. Bateman, Bayer, Bedke, Bell, Black, Block, Bolz, Boyle, At this time, the Speaker Pro Tem recognized Mr. Henderson Buckner-Webb(McCoy), Burgoyne, Chadderdon(Chadderdon), to open debate. Chew, Collins, Crane, Cronin, Ellsworth, Eskridge, Gibbs(Wheeler), Guthrie, Hagedorn, Hartgen, Harwood, The question being, "Shall S 1094 pass?" Henderson, Higgins, Jaquet, Killen, King, Lacey, Lake, Loertscher, Luker, Marriott, McGeachin, McMillan, Moyle, Roll call resulted as follows: Nesset, Nielsen, Nonini, Palmer, Patrick, Pence, Perry, Raybould, AYES – Anderson, Andrus, Barbieri, Barrett, Ringo, Roberts, Rusche, Schaefer, Shepherd, Shirley, Simpson, Bateman, Bayer, Bedke, Bell, Black, Block, Bolz, Boyle, Sims, Smith(30), Smith(24), Stevenson, Takasugi(Batt), Thayn, Buckner-Webb(McCoy), Burgoyne, Chadderdon(Chadderdon), Thompson, Trail, Vander Woude, Wills, Wood(27), Wood(35), Chew, Collins, Crane, Cronin, Ellsworth, Eskridge, Mr. Speaker. Total – 67. Gibbs(Wheeler), Guthrie, Hagedorn, Hartgen, Harwood, NAYS – None. Henderson, Higgins, Jaquet, Killen, King, Lacey, Lake, Absent and excused – Bilbao, DeMordaunt, Hart. Total – 3. Loertscher, Luker, Marriott, McGeachin, McMillan, Moyle, Total – 70. Nesset, Nielsen, Nonini, Palmer, Patrick, Pence, Perry, Raybould, Ringo, Roberts, Rusche, Shepherd, Shirley, Simpson, Whereupon the Speaker declared that S 1186 passed the Sims, Smith(30), Smith(24), Stevenson, Takasugi(Batt), Thayn, House. Title was approved and the bill ordered returned to the Thompson, Trail, Vander Woude, Wills, Wood(35), Mr. Speaker. Senate. Total – 65. Mr. Moyle asked unanimous consent that S 1111, as amended NAYS – None. in the House, be placed immediately following SCR 105 on the Absent and excused – Bilbao, DeMordaunt, Hart, Schaefer, Third Reading Calendar. There being no objection, it was so Wood(27). Total – 5. ordered. Total – 70. Whereupon the Speaker Pro Tem declared that S 1094 passed SCR 105 was read the third time at length and placed before the House. Title was approved and the bill ordered returned to the the House for final consideration. Senate. At this time, the Speaker recognized Mr. Eskridge to open S 1156 was read the third time at length, section by section, debate. and placed before the House for final consideration. The question being, "Shall SCR 105 be adopted?" At this time, the Speaker Pro Tem recognized Mr. Black to open debate. Roll call resulted as follows: AYES – Anderson, Andrus, Barbieri, Barrett, Bateman, The question being, "Shall S 1156 pass?" Bayer, Bedke, Bell, Black, Block, Bolz, Boyle, Burgoyne, Chadderdon(Chadderdon), Collins, Crane, Cronin, DeMordaunt, Roll call resulted as follows: Ellsworth, Eskridge, Gibbs(Wheeler), Guthrie, Hagedorn, AYES – Anderson, Andrus, Barbieri, Bateman, Bayer, Hart, Hartgen, Harwood, Henderson, Higgins, Jaquet, Lacey, Bedke, Bell, Black, Block, Bolz, Boyle, Buckner-Webb(McCoy), Loertscher, Luker, Marriott, McGeachin, McMillan, Moyle, Chadderdon(Chadderdon), Chew, Collins, Crane, Cronin, Nesset, Nielsen, Palmer, Patrick, Pence, Perry, Raybould, Ellsworth, Eskridge, Guthrie, Hagedorn, Hartgen, Harwood, Roberts, Rusche, Schaefer, Shepherd, Shirley, Simpson, Sims, Henderson, Higgins, Jaquet, Killen, King, Lacey, Lake, Smith(30), Smith(24), Stevenson, Takasugi(Batt), Thayn, [April 6, 2011 HOUSE JOURNAL 309

Thompson, Trail, Vander Woude, Wills, Wood(27), Wood(35), Whereupon the Speaker declared the House adjourned at Mr. Speaker. Total – 62. 4:17 p.m. NAYS – Buckner-Webb(McCoy), Chew, Killen, King, LAWERENCE DENNEY, Speaker Ringo. Total – 5. Absent and excused – Bilbao, Lake, Nonini. Total – 3. ATTEST: Total – 70. BONNIE ALEXANDER, Chief Clerk Whereupon the Speaker declared SCR 105 adopted and ordered the resolution returned to the Senate.

S 1111, as amended in the House, was read the third time at length, section by section, and placed before the House for final consideration. At this time, the Speaker recognized Mr. DeMordaunt to open debate. The question being, "Shall S 1111, as amended in the House, pass?"

Roll call resulted as follows: AYES – Barbieri, Bateman, Bayer, Bedke, Block, Boyle, Chadderdon(Chadderdon), Collins, DeMordaunt, Hagedorn, Hartgen, Henderson, King, Lacey, McMillan, Moyle, Nesset, Nonini, Palmer, Patrick, Raybould, Shepherd, Shirley, Takasugi(Batt), Thayn, Thompson, Trail, Vander Woude, Wood(27), Mr. Speaker. Total – 30. NAYS – Anderson, Andrus, Barrett, Bell, Black, Bolz, Buckner-Webb(McCoy), Burgoyne, Chew, Crane, Cronin, Ellsworth, Eskridge, Gibbs(Wheeler), Guthrie, Hart, Harwood, Higgins, Jaquet, Killen, Lake, Loertscher, Luker, Marriott, McGeachin, Nielsen, Pence, Perry, Ringo, Roberts, Rusche, Schaefer, Simpson, Sims, Smith(30), Smith(24), Stevenson, Wills, Wood(35). Total – 39. Absent and excused – Bilbao. Total – 1. Paired Votes: AYE – Bateman NAY – Lake (Pairs enumerated in roll call above.) Total – 70. Whereupon the Speaker declared that S 1111, as amended in the House, failed to pass the House and ordered the bill returned to the Senate.

SCR 104 was read the third time at length and placed before the House for final consideration. At this time, the Speaker recognized Mr. Shepherd to open debate. The question being, "Shall SCR 104 be adopted?" Whereupon the Speaker declared SCR 104 adopted by voice vote and ordered the resolution returned to the Senate. Mr. Moyle asked unanimous consent that the remaining bills on the Third Reading Calendar retain their places for one legislative day. There being no objection, it was so ordered. There being no objection, the House advanced to the Sixteenth Order of Business. Adjournment Mr. Moyle moved that the House adjourn until 9:30 a.m., Thursday, April 7, 2011. Seconded by Mr. Rusche. Motion carried. 310 HOUSE JOURNAL April 7, 2011]

HOUSE JOURNAL in the House, S 1133, as amended, S 1144, S 1137, S 1138, S 1149, and S 1165 for the signature of the Speaker. OF THE WOOD, Secretary The Speaker announced he was about to sign enrolled IDAHO LEGISLATURE S 1021, as amended, S 1026, as amended, S 1075, as amended, S 1088, as amended, as amended in the House, S 1133, as FIRST REGULAR SESSION amended, S 1144, S 1137, S 1138, S 1149, and S 1165 and, when SIXTY-FIRST LEGISLATURE so signed, ordered them returned to the Senate. April 6, 2011 Mr. Speaker: I return herewith enrolled H 323, H 324, H 325, H 91, as EIGHTY-EIGHTH LEGISLATIVE DAY amended, as amended, H 283, H 299, H 275, as amended, H 137, THURSDAY, APRIL 7, 2011 as amended, as amended in the Senate, and H 205, as amended in the Senate, which have been signed by the President. WOOD, Secretary House of Representatives Enrolled H 323, H 324, H 325, H 91, as amended, as The House convened at 9:30 a.m., the Speaker in the Chair. amended, H 283, H 299, H 275, as amended, H 137, as amended, as amended in the Senate, and H 205, as amended in the Senate, were referred to the Judiciary, Rules, and Administration Roll call showed 69 members present. Committee for delivery to the Governor. Absent and excused – Smith(24). Total – 1. Total – 70. April 6, 2011 Mr. Speaker: Prayer was offered by Chaplain Tom Dougherty. I return herewith H 326, H 341, H 331, H 343, and The Pledge of Allegiance was led by Heidi Jensen, Page. H 351 which have passed the Senate. WOOD, Secretary Approval of Journal H 326, H 341, H 331, H 343, and H 351 were referred to the April 7, 2011 Judiciary, Rules, and Administration Committee for enrolling. Mr. Speaker: We, your COMMITTEE ON JUDICIARY, RULES, AND Report of Standing Committees ADMINISTRATION, report that we have read and approved the House Journal of the Eighty-seventh Legislative Day and April 7, 2011 recommend that same be adopted as corrected. Mr. Speaker: WILLS, Chairman We, your COMMITTEE ON JUDICIARY, RULES, AND ADMINISTRATION , report that we have enrolled H 329, H 330, Mr. Wills moved that the report be adopted. Seconded by H 264, H 298, H 191, H 231, as amended, H 318, and H 338 . Mr. Burgoyne. Report adopted. WILLS, Chairman Consideration of Messages from the The Speaker announced he was about to sign enrolled Governor and the Senate H 329, H 330, H 264, H 298, H 191, H 231, as amended, H 318, and H 338 and, when so signed, ordered them transmitted to the OFFICE OF THE GOVERNOR Senate for the signature of the President. Boise April 7, 2011 April 6, 2011 Mr. Speaker: We, your COMMITTEE ON JUDICIARY, RULES, AND The Honorable Lawerence Denney ADMINISTRATION , report that we have engrossed H 297, as Speaker of the House amended in the Senate, H 195, as amended in the Senate, and H 310, as amended in the Senate. Dear Mr. Speaker: WILLS, Chairman I have the honor to advise you that I have signed today and am transmitting to the Secretary of State the following House H 297, as amended in the Senate, H 195, as amended in the bills, to wit: Senate, and H 310, as amended in the Senate, were filed for first H 83, H 159, H 163, H 181, as amended, H 187, H 194, H 206, reading of engrossed bills. H 207, as amended, H 210, H 213, H 253, H 269, H 270, H 284, April 6, 2011 H 287, H 288, H 290, H 291, H 292, H 293, and H 294 Mr. Speaker: As Always - Idaho, "Esto Perpetua" We, your COMMITTEE ON JUDICIARY, RULES, AND /s/ C.L. "Butch" Otter ADMINISTRATION , report that we have transmitted enrolled Governor H 5, H 218, H 301, H 227, as amended, H 234, H 272, H 262, H 280, H 95, as amended, as amended in the Senate, H 328, April 6, 2011 H 201, H 240, H 232, H 239, H 296, H 233, H 257, H 304, Mr. Speaker: H 305, H 306, and H 309 to the Governor at 12:25 p.m., as of I transmit herewith enrolled S 1021, as amended, S 1026, as this date, April 6, 2011. amended, S 1075, as amended, S 1088, as amended, as amended WILLS, Chairman [April 7, 2011 HOUSE JOURNAL 311

April 7, 2011 Smith(30), Stevenson, Takasugi(Batt), Thayn, Thompson, Trail, Mr. Speaker: Vander Woude, Wills, Wood(27), Wood(35), Mr. Speaker. We, your COMMITTEE ON EDUCATION , report that we Total – 67. have had under consideration S 1208 and recommend that it do NAYS – None. pass. Absent and excused – Eskridge, Roberts, Smith(24). NONINI, Chairman Total – 3. Total – 70. S 1208 was filed for second reading. Whereupon the Speaker declared SCR 108 adopted and There being no objection, the House advanced to the Ninth ordered the resolution returned to the Senate. Order of Business. SCR 101 was read the third time at length and placed before First Reading of Engrossed Bills the House for final consideration. H 297, as amended in the Senate, by Revenue and Taxation At this time, the Speaker recognized Mr. Anderson to open Committee, was introduced, read the first time by title, and filed debate. for second reading. H 195, as amended in the Senate, by State Affairs The question being, "Shall SCR 101 be adopted?" Committee, was introduced, read the first time by title, and filed Whereupon the Speaker declared SCR 101 adopted by voice for second reading. vote and ordered the resolution returned to the Senate. H 310, as amended in the Senate, by Ways and Means Committee, was introduced, read the first time by title, and filed There being no objection, the House returned to the Eighth for second reading. Order of Business. Second Reading of Bills and Joint Resolutions S 1193 and SCR 107 , by State Affairs Committee, were read Introduction, First Reading, and Reference the second time by title and filed for third reading. of Bills and Joint Resolutions S 1205, S 1206, and S 1207 , by Finance Committee, were HOUSE BILL NO. 352 read the second time by title and filed for third reading. BY EDUCATION COMMITTEE AN ACT H 129, as amended in the Senate, by Commerce and Human RELATING TO PUBLIC CHARTER SCHOOLS; Resources Committee, was read the second time by title and filed AMENDING SECTION 33-909, IDAHO CODE, TO REVISE for third reading. WHAT AND HOW MONEYS ARE RECEIVED AND H 193, as amended, as amended in the Senate, by State EXPENDED BY THE PUBLIC SCHOOL FACILITIES Affairs Committee, was read the second time by title and filed COOPERATIVE FUND AND TO MAKE TECHNICAL for third reading. CORRECTIONS; AMENDING CHAPTER 52, TITLE 33, IDAHO CODE, BY THE ADDITION OF A NEW SECTION Third Reading of Bills and Joint Resolutions 33-5217, IDAHO CODE, TO PROVIDE THAT PUBLIC CHARTER SCHOOLS MAY ELECT TO PURCHASE A SCR 106 was read the third time at length and placed before STATE GUARANTEE OF LOAN REPAYMENT FOR WHICH the House for final consideration. THE SCHOOL WILL BE USING CERTAIN PROCEEDS, At this time, the Speaker recognized Mr. Henderson to open TO PROVIDE FOR WHAT LAWFUL USES FUNDS MAY debate. BE USED, TO PROVIDE PROHIBITED USES OF THE LOAN GUARANTEE, TO PROVIDE PROCEDURES AND The question being, "Shall SCR 106 be adopted?" TO CREATE THE PUBLIC CHARTER SCHOOL FACILITY GUARANTEE FUND. Whereupon the Speaker declared SCR 106 adopted by voice vote and ordered the resolution returned to the Senate. SCR 108 was read the third time at length and placed before HOUSE BILL NO. 353 the House for final consideration. BY WAYS AND MEANS COMMITTEE AN ACT At this time, the Speaker recognized Mr. Bilbao to open RELATING TO CHARTER SCHOOLS; AMENDING debate. SECTION 33-5203, IDAHO CODE, TO REMOVE THE CAP The question being, "Shall SCR 108 be adopted?" ON THE NUMBER OF NEW PUBLIC CHARTER SCHOOLS THAT MAY BEGIN EDUCATIONAL INSTRUCTION IN Roll call resulted as follows: ANY ONE SCHOOL YEAR AND TO MAKE TECHNICAL AYES – Anderson, Andrus, Barbieri, Barrett, Bateman, CORRECTIONS; AND PROVIDING AN EFFECTIVE DATE. Bayer, Bedke, Bell, Bilbao, Black, Block, Bolz, Boyle, Buckner-Webb(McCoy), Burgoyne, Chadderdon(Chadderdon), H 352 and H 353 were introduced, read the first time by Chew, Collins, Crane, Cronin, DeMordaunt, Ellsworth, title, and referred to the Judiciary, Rules, and Administration Gibbs(Wheeler), Guthrie, Hagedorn, Hart, Hartgen, Harwood, Committee for printing. Henderson, Higgins, Jaquet, Killen, King, Lacey, Lake, Loertscher, Luker, Marriott, McGeachin, McMillan, Moyle, Nesset, Nielsen, Nonini, Palmer, Patrick, Pence, Perry, Raybould, There being no objection, the House returned to the Fifth Ringo, Rusche, Schaefer, Shepherd, Shirley, Simpson, Sims, Order of Business. 312 HOUSE JOURNAL April 7, 2011]

Report of Standing Committees Trail, Vander Woude, Wills, Wood(27), Wood(35), Mr. Speaker. Total – 66. April 7, 2011 NAYS – None. Mr. Speaker: Absent and excused – Black, Boyle, Shepherd, Smith(24). We, your COMMITTEE ON JUDICIARY, RULES, AND Total – 4. ADMINISTRATION , report that we have printed H 352 and Total – 70. H 353 . WILLS, Chairman Whereupon the Speaker declared that S 1193 passed the House. Title was approved and the bill ordered returned to the H 352 was referred to the Education Committee. Senate. H 353 was filed for second reading. Mr. Moyle moved that all rules of the House interfering with the immediate consideration of SCR 107 be suspended; that the There being no objection, the House advanced to the Seventh portions of Section 15, Article 3 of the Constitution of the State Order of Business. of Idaho, requiring all bills to be read on three several days be Motions, Memorials, and Resolutions dispensed with, this being a case of urgency; and that SCR 107 be read the first time by title, second time by title, and third time Mr. Moyle moved that all rules of the House interfering with at length, and placed before the House for final consideration. the immediate consideration of S 1193 be suspended; that the Seconded by Mr. Rusche. portions of Section 15, Article 3 of the Constitution of the State of Idaho, requiring all bills to be read on three several days be The question being, "Shall the rules be suspended?" dispensed with, this being a case of urgency; and that S 1193 be read the first time by title, second time by title, and third time at Roll call resulted as follows: length, section by section, and placed before the House for final AYES – Anderson, Andrus, Barbieri, Barrett, consideration. Seconded by Mr. Rusche. Bateman, Bayer, Bedke, Bell, Bilbao, Block, Bolz, Buckner-Webb(McCoy), Burgoyne, Chadderdon(Chadderdon), The question being, "Shall the rules be suspended?" Chew, Collins, Crane, Cronin, DeMordaunt, Ellsworth, Eskridge, Gibbs(Wheeler), Guthrie, Hagedorn, Hart, Hartgen, Roll call resulted as follows: Harwood, Henderson, Higgins, Jaquet, Killen, King, Lacey, AYES – Anderson, Andrus, Barbieri, Barrett, Lake, Loertscher, Luker, Marriott, McGeachin, McMillan, Bateman, Bayer, Bedke, Bell, Bilbao, Block, Bolz, Moyle, Nesset, Nielsen, Nonini, Palmer, Patrick, Pence, Perry, Buckner-Webb(McCoy), Burgoyne, Chadderdon(Chadderdon), Raybould, Ringo, Roberts, Rusche, Schaefer, Shirley, Simpson, Chew, Collins, Crane, Cronin, DeMordaunt, Ellsworth, Sims, Smith(30), Stevenson, Takasugi(Batt), Thayn, Thompson, Eskridge, Gibbs(Wheeler), Guthrie, Hagedorn, Hart, Hartgen, Trail, Vander Woude, Wills, Wood(27), Wood(35), Mr. Speaker. Harwood, Henderson, Higgins, Jaquet, Killen, King, Lacey, Total – 66. Lake, Loertscher, Luker, Marriott, McGeachin, McMillan, NAYS – None. Moyle, Nesset, Nielsen, Nonini, Palmer, Patrick, Pence, Perry, Absent and excused – Black, Boyle, Shepherd, Smith(24). Raybould, Ringo, Roberts, Rusche, Schaefer, Shirley, Simpson, Total – 4. Sims, Smith(30), Stevenson, Takasugi(Batt), Thayn, Thompson, Total – 70. Trail, Vander Woude, Wills, Wood(27), Wood(35), Mr. Speaker. Total – 66. Whereupon the Speaker declared that more than two-thirds NAYS – None. of the membership having voted in the affirmative, the motion Absent and excused – Black, Boyle, Shepherd, Smith(24). carried, the rules were suspended, and SCR 107 was read the first Total – 4. time by title, second time by title, and third time at length, and Total – 70. placed before the House for final consideration. Whereupon the Speaker declared that more than two-thirds At this time, the Speaker recognized Mrs. McGeachin to of the membership having voted in the affirmative, the motion open debate. carried, the rules were suspended, and S 1193 was read the first The question being, "Shall SCR 107 be adopted?" time by title, second time by title, and third time at length, section by section, and placed before the House for final consideration. Roll call resulted as follows: At this time, the Speaker recognized Mr. Simpson to open AYES – Anderson, Andrus, Barbieri, Barrett, debate. Bateman, Bayer, Bedke, Bell, Bilbao, Block, Bolz, Buckner-Webb(McCoy), Burgoyne, Chadderdon(Chadderdon), The question being, "Shall S 1193 pass?" Chew, Collins, Cronin, DeMordaunt, Ellsworth, Eskridge, Gibbs(Wheeler), Guthrie, Hagedorn, Hart, Hartgen, Harwood, Roll call resulted as follows: Henderson, Higgins, Jaquet, Killen, King, Lacey, Lake, AYES – Anderson, Andrus, Barbieri, Barrett, Loertscher, Luker, Marriott, McGeachin, McMillan, Moyle, Bateman, Bayer, Bedke, Bell, Bilbao, Block, Bolz, Nesset, Nielsen, Nonini, Palmer, Patrick, Pence, Perry, Buckner-Webb(McCoy), Burgoyne, Chadderdon(Chadderdon), Raybould, Ringo, Roberts, Rusche, Schaefer, Shirley, Simpson, Chew, Collins, Crane, Cronin, DeMordaunt, Ellsworth, Sims, Smith(30), Stevenson, Takasugi(Batt), Thayn, Thompson, Eskridge, Gibbs(Wheeler), Guthrie, Hagedorn, Hart, Hartgen, Trail, Vander Woude, Wills, Wood(27), Wood(35), Mr. Speaker. Harwood, Henderson, Higgins, Jaquet, Killen, King, Lacey, Total – 65. Lake, Loertscher, Luker, Marriott, McGeachin, McMillan, NAYS – Crane. Total – 1. Moyle, Nesset, Nielsen, Nonini, Palmer, Patrick, Pence, Perry, Absent and excused – Black, Boyle, Shepherd, Smith(24). Raybould, Ringo, Roberts, Rusche, Schaefer, Shirley, Simpson, Total – 4. Sims, Smith(30), Stevenson, Takasugi(Batt), Thayn, Thompson, Total – 70. [April 7, 2011 HOUSE JOURNAL 313

Whereupon the Speaker declared SCR 107 adopted and of Idaho, requiring all bills to be read on three several days be ordered the resolution returned to the Senate. dispensed with, this being a case of urgency; and that H 353 be read the first time by title, second time by title, and third time at length, section by section, and placed before the House for final Mr. Moyle moved that all rules of the House interfering with consideration. Seconded by Mr. Rusche. the immediate consideration of S 1205 be suspended; that the portions of Section 15, Article 3 of the Constitution of the State The question being, "Shall the rules be suspended?" of Idaho, requiring all bills to be read on three several days be dispensed with, this being a case of urgency; and that S 1205 be Roll call resulted as follows: read the first time by title, second time by title, and third time at AYES – Anderson, Andrus, Barbieri, Barrett, length, section by section, and placed before the House for final Bateman, Bayer, Bedke, Bell, Bilbao, Block, Bolz, consideration. Seconded by Mr. Rusche. Buckner-Webb(McCoy), Burgoyne, Chadderdon(Chadderdon), Chew, Collins, Crane, Cronin, DeMordaunt, Ellsworth, The question being, "Shall the rules be suspended?" Eskridge, Gibbs(Wheeler), Guthrie, Hagedorn, Hart, Hartgen, Harwood, Henderson, Higgins, Jaquet, Killen, King, Lacey, Roll call resulted as follows: Lake, Loertscher, Luker, Marriott, McGeachin, McMillan, AYES – Anderson, Andrus, Barbieri, Barrett, Moyle, Nesset, Nielsen, Nonini, Palmer, Patrick, Pence, Perry, Bateman, Bayer, Bedke, Bell, Bilbao, Block, Bolz, Raybould, Ringo, Roberts, Rusche, Schaefer, Shirley, Simpson, Buckner-Webb(McCoy), Burgoyne, Chadderdon(Chadderdon), Sims, Smith(30), Stevenson, Takasugi(Batt), Thayn, Thompson, Chew, Collins, Crane, Cronin, DeMordaunt, Ellsworth, Trail, Vander Woude, Wills, Wood(27), Wood(35), Mr. Speaker. Eskridge, Gibbs(Wheeler), Guthrie, Hagedorn, Hart, Hartgen, Total – 66. Harwood, Henderson, Higgins, Jaquet, Killen, King, Lacey, NAYS – None. Lake, Loertscher, Luker, Marriott, McGeachin, McMillan, Absent and excused – Black, Boyle, Shepherd, Smith(24). Moyle, Nesset, Nielsen, Nonini, Palmer, Patrick, Pence, Perry, Total – 4. Raybould, Ringo, Roberts, Rusche, Schaefer, Shirley, Simpson, Total – 70. Sims, Smith(30), Stevenson, Takasugi(Batt), Thayn, Thompson, Trail, Vander Woude, Wills, Wood(27), Wood(35), Mr. Speaker. Whereupon the Speaker declared that more than two-thirds Total – 66. of the membership having voted in the affirmative, the motion NAYS – None. carried, the rules were suspended, and H 353 was read the first Absent and excused – Black, Boyle, Shepherd, Smith(24). time by title, second time by title, and third time at length, section Total – 4. by section, and placed before the House for final consideration. Total – 70. At this time, the Speaker recognized Mr. Bayer to open Whereupon the Speaker declared that more than two-thirds debate. of the membership having voted in the affirmative, the motion carried, the rules were suspended, and S 1205 was read the first The question being, "Shall H 353 pass?" time by title, second time by title, and third time at length, section by section, and placed before the House for final consideration. Roll call resulted as follows: At this time, the Speaker recognized Mr. Wood(27) to open AYES – Anderson, Barbieri, Barrett, Bayer, Bedke, Black, debate. Block, Boyle, Chadderdon(Chadderdon), Collins, Crane, DeMordaunt, Eskridge, Hagedorn, Hart, Hartgen, Harwood, The question being, "Shall S 1205 pass?" Henderson, Loertscher, Marriott, McMillan, Moyle, Nielsen, Nonini, Palmer, Patrick, Perry, Roberts, Schaefer, Simpson, Roll call resulted as follows: Sims, Takasugi(Batt), Thayn, Thompson, Vander Woude, Wills, AYES – Anderson, Bayer, Bedke, Bell, Bilbao, Black, Wood(27), Wood(35), Mr. Speaker. Total – 39. Block, Bolz, Burgoyne, Collins, DeMordaunt, Eskridge, NAYS – Andrus, Bateman, Bell, Bilbao, Bolz, Gibbs(Wheeler), Guthrie, Hagedorn, Hartgen, Henderson, Buckner-Webb(McCoy), Burgoyne, Chew, Cronin, Ellsworth, Higgins, Loertscher, Moyle, Nesset, Nonini, Patrick, Perry, Gibbs(Wheeler), Guthrie, Higgins, Jaquet, Killen, King, Lacey, Raybould, Shirley, Stevenson, Takasugi(Batt), Thompson, Lake, Luker, McGeachin, Nesset, Pence, Raybould, Ringo, Vander Woude, Wills, Wood(27), Wood(35), Mr. Speaker. Rusche, Shirley, Smith(30), Stevenson, Trail. Total – 29. Total – 34. Absent and excused – Shepherd, Smith(24). Total – 2. NAYS – Andrus, Barbieri, Barrett, Bateman, Total – 70. Buckner-Webb(McCoy), Chadderdon(Chadderdon), Chew, Crane, Cronin, Ellsworth, Hart, Harwood, Jaquet, Killen, King, Whereupon the Speaker declared that H 353 passed the Lacey, Lake, Luker, Marriott, McGeachin, McMillan, Nielsen, House. Title was approved and the bill ordered transmitted to Palmer, Pence, Ringo, Rusche, Schaefer, Simpson, Sims, the Senate. Smith(30), Thayn, Trail. Total – 32. Absent and excused – Boyle, Roberts, Shepherd, Smith(24). Mr. Moyle moved that all rules of the House interfering with Total – 4. the immediate consideration of S 1206 be suspended; that the Total – 70. portions of Section 15, Article 3 of the Constitution of the State Whereupon the Speaker declared that S 1205 passed the of Idaho, requiring all bills to be read on three several days be House. Title was approved and the bill ordered returned to the dispensed with, this being a case of urgency; and that S 1206 be Senate. read the first time by title, second time by title, and third time at length, section by section, and placed before the House for final Mr. Moyle moved that all rules of the House interfering with consideration. Seconded by Mr. Rusche. the immediate consideration of H 353 be suspended; that the portions of Section 15, Article 3 of the Constitution of the State The question being, "Shall the rules be suspended?" 314 HOUSE JOURNAL April 7, 2011]

Roll call resulted as follows: The question being, "Shall the rules be suspended?" AYES – Anderson, Andrus, Barbieri, Barrett, Bateman, Bayer, Bedke, Bell, Bilbao, Block, Bolz, Roll call resulted as follows: Buckner-Webb(McCoy), Burgoyne, Chadderdon(Chadderdon), AYES – Anderson, Andrus, Barbieri, Barrett, Chew, Collins, Crane, Cronin, DeMordaunt, Ellsworth, Bateman, Bayer, Bedke, Bell, Bilbao, Block, Bolz, Eskridge, Gibbs(Wheeler), Guthrie, Hagedorn, Hart, Hartgen, Buckner-Webb(McCoy), Burgoyne, Chadderdon(Chadderdon), Harwood, Henderson, Higgins, Jaquet, Killen, King, Lacey, Chew, Collins, Crane, Cronin, DeMordaunt, Ellsworth, Lake, Loertscher, Luker, Marriott, McGeachin, McMillan, Eskridge, Gibbs(Wheeler), Guthrie, Hagedorn, Hart, Hartgen, Moyle, Nesset, Nielsen, Nonini, Palmer, Patrick, Pence, Perry, Harwood, Henderson, Higgins, Jaquet, Killen, King, Lacey, Raybould, Ringo, Roberts, Rusche, Schaefer, Shirley, Simpson, Lake, Loertscher, Luker, Marriott, McGeachin, McMillan, Sims, Smith(30), Stevenson, Takasugi(Batt), Thayn, Thompson, Moyle, Nesset, Nielsen, Nonini, Palmer, Patrick, Pence, Perry, Trail, Vander Woude, Wills, Wood(27), Wood(35), Mr. Speaker. Raybould, Ringo, Roberts, Rusche, Schaefer, Shirley, Simpson, Total – 66. Sims, Smith(30), Stevenson, Takasugi(Batt), Thayn, Thompson, NAYS – None. Trail, Vander Woude, Wills, Wood(27), Wood(35), Mr. Speaker. Absent and excused – Black, Boyle, Shepherd, Smith(24). Total – 66. Total – 4. NAYS – None. Total – 70. Absent and excused – Black, Boyle, Shepherd, Smith(24). Total – 4. Whereupon the Speaker declared that more than two-thirds Total – 70. of the membership having voted in the affirmative, the motion carried, the rules were suspended, and S 1206 was read the first Whereupon the Speaker declared that more than two-thirds time by title, second time by title, and third time at length, section of the membership having voted in the affirmative, the motion by section, and placed before the House for final consideration. carried, the rules were suspended, and S 1207 was read the first time by title, second time by title, and third time at length, section At this time, the Speaker recognized Mr. Thompson to open by section, and placed before the House for final consideration. debate. At this time, the Speaker recognized Mr. Thompson to open Mr. Bedke asked unanimous consent that, pursuant to debate. Rule 22, discussion of other bills be allowed in debate of S 1206 . There being no objection it was so ordered. The question being, "Shall S 1207 pass?" The question being, "Shall S 1206 pass?" Roll call resulted as follows: Roll call resulted as follows: AYES – Anderson, Andrus, Barbieri, Barrett, Bateman, AYES – Anderson, Andrus, Barbieri, Barrett, Bateman, Bayer, Bedke, Bell, Bilbao, Black, Block, Bolz, Boyle, Bayer, Bedke, Bell, Bilbao, Black, Block, Bolz, Boyle, Buckner-Webb(McCoy), Burgoyne, Chadderdon(Chadderdon), Chadderdon(Chadderdon), Collins, Crane, DeMordaunt, Chew, Collins, Crane, Cronin, DeMordaunt, Ellsworth, Eskridge, Eskridge, Gibbs(Wheeler), Guthrie, Hagedorn, Hart, Hartgen, Gibbs(Wheeler), Guthrie, Hagedorn, Hart, Hartgen, Harwood, Harwood, Henderson, Lake, Loertscher, Luker, Marriott, Henderson, Higgins, Jaquet, Killen, King, Lacey, Lake, Luker, McGeachin, McMillan, Nesset, Nielsen, Nonini, Palmer, Marriott, McGeachin, McMillan, Moyle, Nesset, Nielsen, Patrick, Perry, Raybould, Roberts, Schaefer, Shepherd, Shirley, Nonini, Palmer, Patrick, Pence, Perry, Raybould, Ringo, Roberts, Simpson, Sims, Stevenson, Takasugi(Batt), Thayn, Thompson, Rusche, Schaefer, Shirley, Simpson, Sims, Smith(30), Stevenson, Vander Woude, Wills, Wood(27), Wood(35), Mr. Speaker. Takasugi(Batt), Thayn, Thompson, Trail, Vander Woude, Wills, Total – 53. Wood(27), Wood(35), Mr. Speaker. Total – 67. NAYS – Buckner-Webb(McCoy), Burgoyne, Chew, Cronin, NAYS – None. Ellsworth, Higgins, Jaquet, Killen, King, Lacey, Moyle, Pence, Absent and excused – Loertscher, Shepherd, Smith(24). Ringo, Rusche, Smith(30), Smith(24), Trail. Total – 17. Total – 3. Paired Votes: Total – 70. AYE – Thayn NAY – Smith(24) Whereupon the Speaker declared that S 1207 passed the AYE – Shepherd NAY – Higgins House. Title was approved and the bill ordered returned to the AYE – Loertscher NAY – Ellsworth Senate. AYE – Takasugi(Batt) NAY – Buckner-Webb Mr. Moyle moved that all rules of the House interfering (Pairs enumerated in roll call above.) with the immediate consideration of H 129, as amended in the Total – 70. Senate, be suspended; that the portions of Section 15, Article 3 of the Constitution of the State of Idaho, requiring all bills to Whereupon the Speaker declared that S 1206 passed the be read on three several days be dispensed with, this being a House. Title was approved and the bill ordered returned to the case of urgency; and that H 129, as amended in the Senate, be Senate. read the first time by title, second time by title, and third time at length, section by section, and placed before the House for final Mr. Moyle moved that all rules of the House interfering with consideration. Seconded by Mr. Rusche. the immediate consideration of S 1207 be suspended; that the portions of Section 15, Article 3 of the Constitution of the State The question being, "Shall the rules be suspended?" of Idaho, requiring all bills to be read on three several days be dispensed with, this being a case of urgency; and that S 1207 be Roll call resulted as follows: read the first time by title, second time by title, and third time at AYES – Anderson, Andrus, Barbieri, Barrett, length, section by section, and placed before the House for final Bateman, Bayer, Bedke, Bell, Bilbao, Block, Bolz, consideration. Seconded by Mr. Rusche. Buckner-Webb(McCoy), Burgoyne, Chadderdon(Chadderdon), [April 7, 2011 HOUSE JOURNAL 315

Chew, Collins, Crane, Cronin, DeMordaunt, Ellsworth, Harwood, Henderson, Higgins, Jaquet, Killen, King, Lacey, Eskridge, Gibbs(Wheeler), Guthrie, Hagedorn, Hart, Hartgen, Lake, Loertscher, Luker, Marriott, McGeachin, McMillan, Harwood, Henderson, Higgins, Jaquet, Killen, King, Lacey, Moyle, Nesset, Nielsen, Nonini, Palmer, Patrick, Pence, Perry, Lake, Loertscher, Luker, Marriott, McGeachin, McMillan, Raybould, Ringo, Roberts, Rusche, Schaefer, Shirley, Simpson, Moyle, Nesset, Nielsen, Nonini, Palmer, Patrick, Pence, Perry, Sims, Smith(30), Stevenson, Takasugi(Batt), Thayn, Thompson, Raybould, Ringo, Roberts, Rusche, Schaefer, Shirley, Simpson, Trail, Vander Woude, Wills, Wood(27), Wood(35), Mr. Speaker. Sims, Smith(30), Stevenson, Takasugi(Batt), Thayn, Thompson, Total – 66. Trail, Vander Woude, Wills, Wood(27), Wood(35), Mr. Speaker. NAYS – None. Total – 66. Absent and excused – Black, Boyle, Shepherd, Smith(24). NAYS – None. Total – 4. Absent and excused – Black, Boyle, Shepherd, Smith(24). Total – 70. Total – 4. Total – 70. Whereupon the Speaker declared that more than two-thirds of the membership having voted in the affirmative, the motion Whereupon the Speaker declared that more than two-thirds carried, the rules were suspended, and H 193, as amended, as of the membership having voted in the affirmative, the motion amended in the Senate, was read the first time by title, second carried, the rules were suspended, and H 129, as amended in the time by title, and third time at length, section by section, and Senate, was read the first time by title, second time by title, and placed before the House for final consideration. third time at length, section by section, and placed before the House for final consideration. At this time, the Speaker recognized Mr. Harwood to open debate. At this time, the Speaker recognized Mr. Luker to open debate. The question being, "Shall H 193, as amended, as amended in the Senate, pass?" The question being, "Shall H 129, as amended in the Senate, pass?" Roll call resulted as follows: AYES – Anderson, Andrus, Barbieri, Barrett, Bateman, Roll call resulted as follows: Bayer, Bedke, Bell, Bilbao, Black, Block, Bolz, Boyle, AYES – Anderson, Andrus, Barbieri, Barrett, Bateman, Chadderdon(Chadderdon), Collins, Crane, DeMordaunt, Bayer, Bedke, Bell, Bilbao, Black, Block, Bolz, Boyle, Ellsworth, Eskridge, Gibbs(Wheeler), Guthrie, Hagedorn, Hart, Buckner-Webb(McCoy), Chadderdon(Chadderdon), Hartgen, Harwood, Henderson, Lacey, Lake, Luker, Marriott, Collins, Crane, Cronin, DeMordaunt, Ellsworth, Eskridge, McGeachin, McMillan, Moyle, Nesset, Nielsen, Nonini, Palmer, Gibbs(Wheeler), Guthrie, Hagedorn, Hart, Hartgen, Harwood, Patrick, Pence, Perry, Raybould, Roberts, Schaefer, Shirley, Henderson, Higgins, Jaquet, Lake, Luker, Marriott, McGeachin, Simpson, Sims, Stevenson, Takasugi(Batt), Thayn, Thompson, McMillan, Moyle, Nesset, Nielsen, Nonini, Palmer, Patrick, Vander Woude, Wills, Wood(27), Wood(35), Mr. Speaker. Perry, Raybould, Roberts, Schaefer, Shirley, Simpson, Sims, Total – 55. Smith(30), Stevenson, Takasugi(Batt), Thayn, Thompson, Trail, NAYS – Buckner-Webb(McCoy), Burgoyne, Chew, Cronin, Vander Woude, Wills, Wood(27), Wood(35), Mr. Speaker. Higgins, Jaquet, Killen, King, Ringo, Rusche, Smith(30), Trail. Total – 59. Total – 12. NAYS – Burgoyne, Chew, Killen, King, Lacey, Pence, Absent and excused – Loertscher, Shepherd, Smith(24). Ringo, Rusche. Total – 8. Total – 3. Absent and excused – Loertscher, Shepherd, Smith(24). Total – 70. Total – 3. Total – 70. Whereupon the Speaker declared H 193, as amended, as amended in the Senate, passed the House. Title was approved Whereupon the Speaker declared H 129, as amended in and the bill referred to the Judiciary, Rules, and Administration the Senate, passed the House. Title was approved and the bill Committee for enrolling. referred to the Judiciary, Rules, and Administration Committee for enrolling. Mr. Moyle moved that all rules of the House interfering with the immediate consideration of H 297, as amended in the Mr. Moyle moved that all rules of the House interfering with Senate, be suspended; that the portions of Section 15, Article 3 the immediate consideration of H 193, as amended, as amended of the Constitution of the State of Idaho, requiring all bills to in the Senate, be suspended; that the portions of Section 15, be read on three several days be dispensed with, this being a Article 3 of the Constitution of the State of Idaho, requiring all case of urgency; and that H 297, as amended in the Senate, be bills to be read on three several days be dispensed with, this read the first time by title, second time by title, and third time at being a case of urgency; and that H 193, as amended, as amended length, section by section, and placed before the House for final in the Senate, be read the first time by title, second time by title, consideration. Seconded by Mr. Rusche. and third time at length, section by section, and placed before the House for final consideration. Seconded by Mr. Rusche. The question being, "Shall the rules be suspended?" The question being, "Shall the rules be suspended?" Roll call resulted as follows: AYES – Anderson, Andrus, Barbieri, Barrett, Roll call resulted as follows: Bateman, Bayer, Bedke, Bell, Bilbao, Block, Bolz, AYES – Anderson, Andrus, Barbieri, Barrett, Buckner-Webb(McCoy), Burgoyne, Chadderdon(Chadderdon), Bateman, Bayer, Bedke, Bell, Bilbao, Block, Bolz, Chew, Collins, Crane, Cronin, DeMordaunt, Ellsworth, Buckner-Webb(McCoy), Burgoyne, Chadderdon(Chadderdon), Eskridge, Gibbs(Wheeler), Guthrie, Hagedorn, Hart, Hartgen, Chew, Collins, Crane, Cronin, DeMordaunt, Ellsworth, Harwood, Henderson, Higgins, Jaquet, Killen, King, Lacey, Eskridge, Gibbs(Wheeler), Guthrie, Hagedorn, Hart, Hartgen, Lake, Loertscher, Luker, Marriott, McGeachin, McMillan, 316 HOUSE JOURNAL April 7, 2011]

Moyle, Nesset, Nielsen, Nonini, Palmer, Patrick, Pence, Perry, Sims, Smith(30), Stevenson, Takasugi(Batt), Thayn, Thompson, Raybould, Ringo, Roberts, Rusche, Schaefer, Shirley, Simpson, Trail, Vander Woude, Wills, Wood(27), Wood(35), Mr. Speaker. Sims, Smith(30), Stevenson, Takasugi(Batt), Thayn, Thompson, Total – 66. Trail, Vander Woude, Wills, Wood(27), Wood(35), Mr. Speaker. NAYS – None. Total – 66. Absent and excused – Black, Boyle, Shepherd, Smith(24). NAYS – None. Total – 4. Absent and excused – Black, Boyle, Shepherd, Smith(24). Total – 70. Total – 4. Total – 70. Whereupon the Speaker declared that more than two-thirds of the membership having voted in the affirmative, the motion Whereupon the Speaker declared that more than two-thirds carried, the rules were suspended, and H 195, as amended in the of the membership having voted in the affirmative, the motion Senate, was read the first time by title, second time by title, and carried, the rules were suspended, and H 297, as amended in the third time at length, section by section, and placed before the Senate, was read the first time by title, second time by title, and House for final consideration. third time at length, section by section, and placed before the House for final consideration. At this time, the Speaker recognized Ms. Sims to open debate. At this time, the Speaker recognized Mr. Moyle to open debate. Pursuant to Rule 38(3), Representative Sims disclosed a conflict of interest regarding H 195, as amended in the Senate. The question being, "Shall H 297, as amended in the Senate, pass?" The question being, "Shall H 195, as amended in the Senate, pass?" Roll call resulted as follows: AYES – Anderson, Andrus, Barbieri, Bateman, Roll call resulted as follows: Bayer, Bedke, Bell, Bilbao, Black, Block, Bolz, Boyle, AYES – Anderson, Andrus, Barbieri, Barrett, Bateman, Buckner-Webb(McCoy), Burgoyne, Chadderdon(Chadderdon), Bayer, Bedke, Bell, Bilbao, Black, Block, Bolz, Boyle, Chew, Collins, Crane, Cronin, DeMordaunt, Ellsworth, Eskridge, Buckner-Webb(McCoy), Chadderdon(Chadderdon), Chew, Gibbs(Wheeler), Guthrie, Hagedorn, Hart, Hartgen, Harwood, Collins, Crane, Cronin, Ellsworth, Eskridge, Gibbs(Wheeler), Henderson, Higgins, Jaquet, Killen, King, Lacey, Lake, Marriott, Guthrie, Hagedorn, Hart, Hartgen, Harwood, Henderson, Moyle, Nesset, Nonini, Palmer, Patrick, Pence, Perry, Raybould, Higgins, Jaquet, Killen, King, Lacey, Lake, Luker, Marriott, Ringo, Roberts, Rusche, Schaefer, Shirley, Simpson, Sims, McGeachin, McMillan, Moyle, Nesset, Nielsen, Nonini, Palmer, Smith(30), Stevenson, Takasugi(Batt), Thayn, Thompson, Trail, Patrick, Pence, Perry, Raybould, Ringo, Roberts, Rusche, Vander Woude, Wills, Wood(27), Wood(35), Mr. Speaker. Schaefer, Shirley, Simpson, Sims, Smith(30), Stevenson, Total – 62. Takasugi(Batt), Thayn, Thompson, Trail, Vander Woude, Wills, NAYS – Barrett, Luker, McGeachin, McMillan, Nielsen. Wood(27), Wood(35), Mr. Speaker. Total – 65. Total – 5. NAYS – Burgoyne, DeMordaunt. Total – 2. Absent and excused – Loertscher, Shepherd, Smith(24). Absent and excused – Loertscher, Shepherd, Smith(24). Total – 3. Total – 3. Total – 70. Total – 70. Whereupon the Speaker declared H 297, as amended in Whereupon the Speaker declared H 195, as amended in the Senate, passed the House. Title was approved and the bill the Senate, passed the House. Title was approved and the bill referred to the Judiciary, Rules, and Administration Committee referred to the Judiciary, Rules, and Administration Committee for enrolling. for enrolling. Mr. Moyle moved that all rules of the House interfering Mr. Moyle moved that all rules of the House interfering with the immediate consideration of H 195, as amended in the with the immediate consideration of H 310, as amended in the Senate, be suspended; that the portions of Section 15, Article 3 Senate, be suspended; that the portions of Section 15, Article 3 of the Constitution of the State of Idaho, requiring all bills to of the Constitution of the State of Idaho, requiring all bills to be read on three several days be dispensed with, this being a be read on three several days be dispensed with, this being a case of urgency; and that H 195, as amended in the Senate, be case of urgency; and that H 310, as amended in the Senate, be read the first time by title, second time by title, and third time at read the first time by title, second time by title, and third time at length, section by section, and placed before the House for final length, section by section, and placed before the House for final consideration. Seconded by Mr. Rusche. consideration. Seconded by Mr. Rusche. The question being, "Shall the rules be suspended?" The question being, "Shall the rules be suspended?"

Roll call resulted as follows: Roll call resulted as follows: AYES – Anderson, Andrus, Barbieri, Barrett, AYES – Anderson, Andrus, Barbieri, Barrett, Bateman, Bayer, Bedke, Bell, Bilbao, Block, Bolz, Bateman, Bayer, Bedke, Bell, Bilbao, Block, Bolz, Buckner-Webb(McCoy), Burgoyne, Chadderdon(Chadderdon), Buckner-Webb(McCoy), Burgoyne, Chadderdon(Chadderdon), Chew, Collins, Crane, Cronin, DeMordaunt, Ellsworth, Chew, Collins, Crane, Cronin, DeMordaunt, Ellsworth, Eskridge, Gibbs(Wheeler), Guthrie, Hagedorn, Hart, Hartgen, Eskridge, Gibbs(Wheeler), Guthrie, Hagedorn, Hart, Hartgen, Harwood, Henderson, Higgins, Jaquet, Killen, King, Lacey, Harwood, Henderson, Higgins, Jaquet, Killen, King, Lacey, Lake, Loertscher, Luker, Marriott, McGeachin, McMillan, Lake, Loertscher, Luker, Marriott, McGeachin, McMillan, Moyle, Nesset, Nielsen, Nonini, Palmer, Patrick, Pence, Perry, Moyle, Nesset, Nielsen, Nonini, Palmer, Patrick, Pence, Perry, Raybould, Ringo, Roberts, Rusche, Schaefer, Shirley, Simpson, Raybould, Ringo, Roberts, Rusche, Schaefer, Shirley, Simpson, [April 7, 2011 HOUSE JOURNAL 317

Sims, Smith(30), Stevenson, Takasugi(Batt), Thayn, Thompson, Absent and excused – Black, Boyle, Shepherd, Smith(24). Trail, Vander Woude, Wills, Wood(27), Wood(35), Mr. Speaker. Total – 4. Total – 66. Total – 70. NAYS – None. Absent and excused – Black, Boyle, Shepherd, Smith(24). Whereupon the Speaker declared that more than two-thirds Total – 4. of the membership having voted in the affirmative, the motion Total – 70. carried, the rules were suspended, and S 1208 was read the first time by title, second time by title, and third time at length, section Whereupon the Speaker declared that more than two-thirds by section, and placed before the House for final consideration. of the membership having voted in the affirmative, the motion carried, the rules were suspended, and H 310, as amended in the At this time, the Speaker recognized Mr. Roberts to open Senate, was read the first time by title, second time by title, and debate. third time at length, section by section, and placed before the House for final consideration. The question being, "Shall S 1208 pass?" At this time, the Speaker recognized Mr. Rusche to open Roll call resulted as follows: debate. AYES – Anderson, Andrus, Bateman, Bayer, Bilbao, Black, Block, Bolz, Boyle, Buckner-Webb(McCoy), Burgoyne, The question being, "Shall H 310, as amended in the Chadderdon(Chadderdon), Chew, Collins, Crane, Cronin, Senate, pass?" DeMordaunt, Ellsworth, Eskridge, Guthrie, Hagedorn, Hartgen, Harwood, Henderson, Higgins, Jaquet, Killen, King, Lacey, Roll call resulted as follows: Lake, Luker, Marriott, McGeachin, Moyle, Nesset, Nielsen, AYES – Anderson, Andrus, Barbieri, Barrett, Bateman, Nonini, Palmer, Patrick, Pence, Perry, Raybould, Ringo, Bayer, Bedke, Bell, Bilbao, Black, Block, Bolz, Boyle, Roberts, Rusche, Shepherd, Shirley, Simpson, Sims, Smith(30), Buckner-Webb(McCoy), Burgoyne, Chadderdon(Chadderdon), Stevenson, Takasugi(Batt), Thayn, Thompson, Trail, Wills, Chew, Collins, Crane, Cronin, DeMordaunt, Ellsworth, Eskridge, Wood(35), Mr. Speaker. Total – 58. Gibbs(Wheeler), Guthrie, Hagedorn, Hart, Hartgen, Harwood, NAYS – Barbieri, Barrett, Bedke, Bell, Gibbs(Wheeler), Henderson, Higgins, Jaquet, Killen, King, Lacey, Lake, Luker, Hart, McMillan, Schaefer, Vander Woude, Wood(27). Total – 10. Marriott, McGeachin, McMillan, Moyle, Nesset, Nielsen, Absent and excused – Loertscher, Smith(24). Total – 2. Nonini, Palmer, Patrick, Pence, Perry, Raybould, Ringo, Roberts, Paired Votes: Rusche, Schaefer, Shirley, Simpson, Sims, Smith(30), Stevenson, AYE – Shepherd NAY – Barbieri Takasugi(Batt), Thayn, Thompson, Trail, Vander Woude, Wills, (Pairs enumerated in roll call above.) Wood(27), Wood(35), Mr. Speaker. Total – 67. Total – 70. NAYS – None. Absent and excused – Loertscher, Shepherd, Smith(24). Whereupon the Speaker declared that S 1208 passed the Total – 3. House. Title was approved and the bill ordered returned to the Total – 70. Senate. Whereupon the Speaker declared H 310, as amended in There being no objection, the House advanced to the the Senate, passed the House. Title was approved and the bill Thirteenth Order of Business. referred to the Judiciary, Rules, and Administration Committee for enrolling. Miscellaneous and Unfinished Business Mr. Moyle moved that all rules of the House interfering with the immediate consideration of S 1208 be suspended; that the Representative Andrus was appointed Chairman and portions of Section 15, Article 3 of the Constitution of the State Representative Boyle appointed Vice Chairman of the of Idaho, requiring all bills to be read on three several days be Agricultural Affairs Committee dispensed with, this being a case of urgency; and that S 1208 be read the first time by title, second time by title, and third time at length, section by section, and placed before the House for final AGRICULTURAL AFFAIRS (12) consideration. Seconded by Mr. Rusche. Andrus, Chairman The question being, "Shall the rules be suspended?" Boyle, Vice Chairman Roll call resulted as follows: AYES – Anderson, Andrus, Barbieri, Barrett, Lake Pence Bateman, Bayer, Bedke, Bell, Bilbao, Block, Bolz, Stevenson Lacey Buckner-Webb(McCoy), Burgoyne, Chadderdon(Chadderdon), Trail Chew, Collins, Crane, Cronin, DeMordaunt, Ellsworth, Bolz Eskridge, Gibbs(Wheeler), Guthrie, Hagedorn, Hart, Hartgen, Shirley Harwood, Henderson, Higgins, Jaquet, Killen, King, Lacey, Patrick Lake, Loertscher, Luker, Marriott, McGeachin, McMillan, McMillan Moyle, Nesset, Nielsen, Nonini, Palmer, Patrick, Pence, Perry, Takasugi Raybould, Ringo, Roberts, Rusche, Schaefer, Shirley, Simpson, Sims, Smith(30), Stevenson, Takasugi(Batt), Thayn, Thompson, Trail, Vander Woude, Wills, Wood(27), Wood(35), Mr. Speaker. Representative Palmer was appointed Chairman and Total – 66. Representative Ellsworth appointed Vice Chairman of the NAYS – None. Transportation and Defense Committee. 318 HOUSE JOURNAL April 7, 2011]

TRANSPORTATION AND DEFENSE (15) H 230, H 335, H 336, H 344, H 345, and H 315 were Palmer, Chairman referred to the Judiciary, Rules, and Administration Committee Ellsworth, Vice Chairman for enrolling. Wood(35) Ringo Smith(24) King April 7, 2011 Bedke Killen Mr. Speaker: Wills I return herewith H 347 which has failed to pass the Senate. WOOD, Secretary Hart Nonini H 347 was ordered filed in the office of the Chief Clerk. Hagedorn Bateman April 8, 2011 Henderson Mr. Speaker: Nesset We, your COMMITTEE ON JUDICIARY, RULES, AND ADMINISTRATION , report that we have enrolled H 326, H 341, H 331, H 343, and H 351 . Mr. Moyle asked unanimous consent that committee be WILLS, Chairman appointed by the Speaker to notify the Governor that the House is ready to adjourn Sine Die. There being no objection, it was The Speaker announced he was about to sign enrolled H 326, so ordered. H 341, H 331, H 343, and H 351 and, when so signed, ordered The Speaker appointed Representatives Raybould, them transmitted to the Senate for the signature of the President. Wood(27), and Cronin to notify the Governor. The committee April 8, 2011 was excused. Mr. Speaker: The committee appointed to notify the Governor reported We, your COMMITTEE ON JUDICIARY, RULES, AND that it had delivered the message to the Governor. The committee ADMINISTRATION , report that we have enrolled H 310, as was thanked and discharged by the Speaker. amended in the Senate, H 195, as amended in the Senate, H 297, as amended in the Senate, H 193, as amended, as amended in the There being no objection, the House advanced to the Senate, and H 129, as amended in the Senate. Sixteenth Order of Business. WILLS, Chairman Adjournment The Speaker announced he was about to sign enrolled H 310, Mr. Moyle moved that the First Regular Session of as amended in the Senate, H 195, as amended in the Senate, the Sixty-first Legislature adjourn Sine Die. Seconded by H 297, as amended in the Senate, H 193, as amended, as amended Mr. Rusche. in the Senate, and H 129, as amended in the Senate, and, when so Whereupon the Speaker declared the motion carried and the signed, ordered them transmitted to the Senate for the signature First Regular Session of the Sixty-first Legislature adjourned Sine of the President. Die at 2:21 p.m., Thursday, April 7, 2011. April 8, 2011 LAWERENCE DENNEY, Speaker Mr. Speaker: ATTEST: We, your COMMITTEE ON JUDICIARY, RULES, AND BONNIE ALEXANDER, Chief Clerk ADMINISTRATION , report that we have transmitted enrolled * * * * * * * * * * * * * * * * * * * * H 323, H 324, H 325, H 91, as amended, as amended, H 283, H 299, H 275, as amended, H 137, as amended, as amended in The following actions were recorded after House Sine Die: the Senate, and H 205, as amended in the Senate, to the Governor at 11:10 a.m., as of this date, April 7, 2011. OFFICE OF THE GOVERNOR WILLS, Chairman Boise April 8, 2011 April 7, 2011 Mr. Speaker: The Honorable Lawerence Denney We, your COMMITTEE ON JUDICIARY, RULES, AND Speaker of the House ADMINISTRATION , report that we have enrolled H 230, H 335, H 336, H 344, H 345, and H 315 . Dear Mr. Speaker: WILLS, Chairman I have the honor to advise you that I have signed today and The Speaker announced he was about to sign enrolled H 230, am transmitting to the Secretary of State the following House H 335, H 336, H 344, H 345, and H 315 and, when so signed, bills, to wit: ordered them transmitted to the Senate for the signature of the H 328 and H 272 President. As Always - Idaho, "Esto Perpetua" April 8, 2011 /s/ C.L. "Butch" Otter Mr. Speaker: Governor I transmit herewith enrolled S 1001, as amended, S 1094, S 1156, S 1186, S 1202, SCR 104, SCR 105, and SCR 109 for April 7, 2011 the signature of the Speaker. Mr. Speaker: WOOD, Secretary I return herewith H 230, H 335, H 336, H 344, H 345, and H 315 which have passed the Senate. The Speaker announced he was about to sign enrolled WOOD, Secretary S 1001, as amended, S 1094, S 1156, S 1186, S 1202, SCR 104, [April 7, 2011 HOUSE JOURNAL 319

SCR 105, and SCR 109 and, when so signed, ordered them April 8, 2011 returned to the Senate. Mr. Speaker: We, your COMMITTEE ON JUDICIARY, RULES, AND April 8, 2011 ADMINISTRATION , report that we have transmitted enrolled Mr. Speaker: H 326, H 341, H 331, H 343, H 351, H 310, as amended in the I return herewith enrolled H 329, H 330, H 264, H 298, Senate, H 195, as amended in the Senate, H 297, as amended H 191, H 231, as amended, H 318, and H 338 which have been in the Senate, H 193, as amended, as amended in the Senate, signed by the President. H 129, as amended in the Senate, H 230, H 335, H 336, H 344, WOOD, Secretary H 345, and H 315 to the Governor at 3:30 p.m., as of this date, Enrolled H 329, H 330, H 264, H 298, H 191, H 231, as April 8, 2011. amended, H 318, and H 338 were referred to the Judiciary, Rules, WILLS, Chairman and Administration Committee for delivery to the Governor. OFFICE OF THE GOVERNOR April 8, 2011 Boise Mr. Speaker: We, your COMMITTEE ON JUDICIARY, RULES, AND April 8, 2011 ADMINISTRATION , report that we have transmitted enrolled The Honorable Lawerence Denney H 329, H 330, H 264, H 298, H 191, H 231, as amended, Speaker of the House H 318, and H 338 to the Governor at 12:10 p.m., as of this date, April 8, 2011. Dear Mr. Speaker: WILLS, Chairman I have the honor to advise you that I have signed today and April 8, 2011 am transmitting to the Secretary of State the following House Mr. Speaker: bills, to wit: I transmit herewith enrolled SCR 106, SCR 108, SCR 101, H 325, H 299, H 283, H 205, as amended in the Senate, H 137, as S 1193, SCR 107, S 1205, S 1206, S 1207, and S 1208 for the amended, as amended in the Senate, H 324, H 5, H 218, H 227, signature of the Speaker. as amended, H 234, H 240, H 257, H 262, H 280, H 296, H 306, WOOD, Secretary and H 309 The Speaker announced he was about to sign enrolled As Always - Idaho, "Esto Perpetua" SCR 106, SCR 108, SCR 101, S 1193, SCR 107, S 1205, /s/ C.L. "Butch" Otter S 1206, S 1207, and S 1208 and, when so signed, ordered them Governor returned to the Senate. OFFICE OF THE GOVERNOR OFFICE OF THE GOVERNOR Boise Boise April 11, 2011 April 8, 2011 The Honorable Lawerence Denney The Honorable Lawerence Denney Speaker of the House Speaker of the House Dear Mr. Speaker: Dear Mr. Speaker: I have the honor to advise you that I have signed today and I have the honor to advise you that I have signed today and am transmitting to the Secretary of State the following House am transmitting to the Secretary of State the following House bills, to wit: bills, to wit: H 129, as amended in the Senate, H 175, H 191, H 193, as H 239 and H 201 amended, as amended in the Senate, H 214, H 224, H 230, H 231, as amended, H 232, H 233, H 264, H 275, as amended, As Always - Idaho, "Esto Perpetua" H 286, H 289, H 301, H 304, H 305, H 310, as amended in the /s/ C.L. "Butch" Otter Senate, H 323, H 329, H 330, H 335, H 336, H 338, H 341, Governor H 344, and H 345 April 8, 2011 As Always - Idaho, "Esto Perpetua" Mr. Speaker: /s/ C.L. "Butch" Otter I return herewith enrolled H 326, H 341, H 331, H 343, Governor H 351, H 310, as amended in the Senate, H 195, as amended in the Senate, H 297, as amended in the Senate, H 193, as amended, OFFICE OF THE GOVERNOR as amended in the Senate, H 129, as amended in the Senate, Boise H 230, H 335, H 336, H 344, H 345, and H 315 which have been signed by the President. April 13, 2011 WOOD, Secretary The Honorable Lawerence Denney Enrolled H 326, H 341, H 331, H 343, H 351, H 310, as Speaker of the House amended in the Senate, H 195, as amended in the Senate, H 297, as amended in the Senate, H 193, as amended, as amended in the Dear Mr. Speaker: Senate, H 129, as amended in the Senate, H 230, H 335, H 336, I have the honor to advise you that I have signed today and H 344, H 345, and H 315 were referred to the Judiciary, Rules, am transmitting to the Secretary of State the following House and Administration Committee for delivery to the Governor. bills, to wit: 320 HOUSE JOURNAL April 7, 2011]

H 95, as amended, as amended in the Senate, H 297, as amended Dear Mr. Speaker: in the Senate, and H 351 I have the honor to advise you that I have signed today and am transmitting to the Secretary of State the following House bill, As Always - Idaho, "Esto Perpetua" to wit: /s/ C.L. "Butch" Otter H 343 Governor As Always - Idaho, "Esto Perpetua" OFFICE OF THE GOVERNOR /s/ C.L. "Butch" Otter Boise Governor

April 13, 2011 THE OFFICE OF THE GOVERNOR The Honorable Lawerence Denney Boise Speaker of the House April 20, 2011 Dear Mr. Speaker: The Honorable Lawerence Denney I have the honor to advise you that I have signed today and Speaker of the House am transmitting to the Secretary of State the following House bill, to wit: Dear Mr. Speaker: H 331 I have the honor to advise you that I am returning herewith, without my approval, disapproved and vetoed: As Always - Idaho, "Esto Perpetua" /s/ C.L. "Butch" Otter H 298 Governor within the time limited by law, the same having arrived in the OFFICE OF THE GOVERNOR Office of the Governor at the hour of 12:10 p.m. on April 8, 2011. Boise As Always - Idaho, "Esto Perpetua" April 11, 2011 /s/ C.L. "Butch" Otter Governor The Honorable Lawerence Denney Speaker of the House THE OFFICE OF THE GOVERNOR Boise Dear Mr. Speaker: I have the honor to advise you that I have signed today and April 21, 2011 am transmitting to the Secretary of State the following House bill, The Honorable Lawerence Denney to wit: Speaker of the House H 318 As Always - Idaho, "Esto Perpetua" Dear Mr. Speaker: /s/ C.L. "Butch" Otter I have the honor to advise you that I am transmitting today Governor to the Secretary of State the following House bill which will be allowed to become law without my signature within the time OFFICE OF THE GOVERNOR limited by law: Boise H 315 April 14, 2011 As Always - Idaho, "Esto Perpetua" The Honorable Lawerence Denney /s/ C.L. "Butch" Otter Speaker of the House Governor

Dear Mr. Speaker: * * * * * * * * * * * * * * * * * * * * I have the honor to advise you that I have signed today and am transmitting to the Secretary of State the following House CERTIFICATE bills, to wit: WE, LAWERENCE DENNEY , Speaker of the House of H 91, as amended, as amended, H 195, as amended in the Senate, Representatives, and BONNIE ALEXANDER , Chief Clerk, do H 228, and H 326 hereby certify and attest as follows: As Always - Idaho, "Esto Perpetua" That we have carefully compiled in the House Journal of /s/ C.L. "Butch" Otter the First Regular Session of the Sixty-first Legislature all of the Governor proceedings of the Eighty-eighth Legislative Day, and that the said Journal contains a full, true, and correct record of all of the OFFICE OF THE GOVERNOR proceedings of said House of Representatives for said day and Boise final action upon all legislation. IN WITNESS WHEREOF, we have hereunto set our hands, April 19, 2011 this 22nd day of April, 201l. LAWERENCE DENNEY, Speaker The Honorable Lawerence Denney Speaker of the House ATTEST: BONNIE ALEXANDER, Chief Clerk House Journal 2011 SPECIAL PROCEDURE INDEX 321

For legislation subject or topic search, refer to the 2011 Final Weekly Bill Status publication, or online at www.legislature.idaho.gov.

Page

ACTING STATE REPRESENTATIVES See - CERTIFICATE OF APPOINTMENT

ATTACHES Approval and Oath of Office ...... 14, 113 See - PAGES

CERTIFICATE OF ELECTION ...... 1

CERTIFICATE OF APPOINTMENT Batt, Gayle - Acting State Rep. for Pat Takasugi...... 5 Bedke, Sarah - Acting State Rep. for Scott Bedke...... 173 Chadderdon, Julie - Acting State Rep. for Marge Chadderdon ...... 5 Harwood, Carole - Acting State Rep. for Shannon McMillan...... 5 McCoy, Yvonne - Acting State Rep. for Cherie Buckner-Webb...... 281 Patrick, David - Acting State Rep. for Jim Patrick ...... 24 Herzfeld, Amy - Acting State Rep. for Grant Burgoyne...... 31 Wheeler, Cameron - Acting State Rep. for Marc Gibbs ...... 46

COMMITTEES, PRIVILEGED (RULE 24) Business - H181 ...... 100 Business - H331 ...... 263 Commerce and Human Resources - H295...... 217 Environment, Energy, and Technology - HCR16...... 118 Health and Welfare - HCR12, HCR13, HCR14, H182...... 106 Health and Welfare - H218, H219, H220, H221...... 154 Resources and Conservation - HCR10, HCR11 ...... 99

COMMITTEES, SPECIAL Attache Committee assignment...... 2 Lincoln Day Committee assignment...... 7 Memorial Day Committee assignment ...... 7

COMMITTEES, STANDING Committee assignments...... 2 Andrus - Appointed Chairman of Agriculturl Affairs...... 317 Boyle - Appointed Vice Chair of Agricultural Affairs...... 317 Ellsworth - Appointed Vice Chair of Transportation and Defense ...... 317 Palmer - Appointed Vice Chair Transportation and Defense...... 62 Palmer - Appointed Chairman of Transportation and Defense...... 317

CONFLICT OF INTEREST (RULE 38(3)) Andrus - H41, H84...... 65, 120 Anderson - H337, H347...... 275, 299 Batt - H39, H148, H23, H210, H248, H251 Excused form Voting ...... 109, 135, 151, 179, 200, 202 Bilbao - H162...... 180 Block - H337, H347...... 275, 299 Bolz - HCR9...... 142 Burgoyne - H23...... 151 Cronin - H129...... 157 DeMordaunt - H260 ...... 214 Guthrie - H15, H41, S1102 ...... 49, 65, 233 Moyle - H285, S1197...... 223, 292 Nesset - HCR20...... 185 Nielsen - H41, H31 ...... 65, 152 Perry - H222...... 208 Raybould - H41, S1199 Excused from Voting ...... 65, 293 322 SPECIAL PROCEDURE INDEX House Journal 2011

Roberts - H197 ...... 168 Shepherd - HCR10 ...... 121 Simpson - HCR19 ...... 185 Sims - S1061, S1062, H145, H195, S1001, H195 ...... 161, 161, 162, 184, 306, 316 Smith, Leon - H99...... 146 Vander Woude - H41, H152, H269, H287, S1187 ...... 65, 136, 221, 226, 293 Wheeler - H85 Excused from Voting, H251 Excused from Voting, H247 Excused from Voting ...... 134, 202, 261 Wood, Fred - H162...... 180

EMERGENCY FUND LETTER ...... 14

GOVERNOR Emergency Fund Letter...... 14 State of the State and Budget Address ...... 7

GUEST SPEAKERS Eismann, Daniel T., Chief Justice of the Idaho Supreme Court ...... 24 Crapo, Mike, United States Senator...... 228 Labrador, Raul, United States Congressman ...... 120 Otter, C.L. "Butch", Governor ...... 7 Risch, James E., United States Senator ...... 70 Stevens, Denis, Consul General of Canada ...... 95

HOUSE RULES Rule 22 - Discussion of Other Bills...... 40, 190, 236, 285, 299, 300,314 Rule 24 - See - COMMITTEES, PRIVILEGED Rule 34 - Previous Question ...... 98, 280 Rule 35 - Lay on the Table ...... 307 Rule 38(3) - See - CONFLICT OF INTEREST Rule 45 - Report Bill Out of Committee...... 88, 118, 288 Rule 46 - See- TYPOGRAPHICAL CORRECTIONS Rule 67 - Seat Selection...... 2 Rule 70 - Decorum...... 228, 241

JOINT SESSION 1 p.m., January 10, 2011 ...... 7

LINCOLN DAY PROGRAM Committee Assignment ...... 7 Program...... 85

MEMORIAL PROGRAM Committee Assignment ...... 7 Program...... 106 Honorees Bistline, Beverly...... 107 Gould, Gary H...... 107 Hoagland, Glenna...... 107 Kellogg, Hilde ...... 107 Lazechko, Molly...... 107 Looney, Larry ...... 107 McKinney, Helen ...... 108 Onweiler, William ...... 108 Parks, Raymond ...... 108 Stennett, Clint...... 108

ORGANIZATIONAL SESSION ...... 1

PAGES 1st Half of Session - Approval and Oath of Office...... 14 2nd Half of Session - Approval and Oath of Office...... 113 House Journal 2011 SPECIAL PROCEDURE INDEX 323

PROGRAMS Lincoln Day...... 85 Memorial...... 106

SINE DIE Organizational Session - 5:37 p.m., December 2, 2010...... 4 Regular Session - 2:21 p.m., April 7, 2011 ...... 318

SPEAKER OF THE HOUSE ELECTED Lawerence Denney, December 2, 2010 ...... 1

STATE OF THE JUDICIARY ADDRESS ...... 24

STATE OF THE STATE MESSAGE / BUDGET ADDRESS ...... 7

TYPOGRAPHICAL CORRECTIONS (RULE 46) H140 ...... 119 H151 ...... 164 H217 ...... 184

VISITORS See - GUEST SPEAKERS 324 BILL INDEX House Journal 2011

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

1 Health & W 20 PHARMACY BOARD ...... - 22 H Health/Wel

2 Health & W 20 UNIFORM CONTROLLED SUBSTANCES ...... 161 249 LAW

3 Health & W 20 PHARMACY BOARD ...... 161 249 LAW

4 Health & W 20 PHARMACISTS ...... 162 249 LAW

5 Health & W 20 PHARMACISTS ...... 214 319 LAW

6 Rev & Tax 20 PROPERTY TAX RELIEF ...... 35 35 S Loc Gov

7 Rev & Tax 20 CIGARETTE AND TOBACCO PRODUCT TAXES ...... 31 88 LAW

8 Rev & Tax 21 INCOME TAXATION ...... 32 88 LAW

9 Rev & Tax 21 SALES TAX - AIRCRAFT ...... - 22 H Rev/Tax

10 Rev & Tax 21 MOTOR FUELS - TAXATION ...... 32 88 LAW

11 Rev & Tax 21 FOREST LANDS ...... 40 105 LAW

12 Rev & Tax 21 MOTOR FUELS ...... 40 105 LAW

13 Rev & Tax 21 TAX COMMISSION ...... 40 123 LAW

14 State Affairs 22 ELECTION CONSOLIDATION ...... - 24 H St Aff

15 State Affairs 23 LAVA HOT SPRINGS FOUNDATION ...... 49 49 S St Aff

16 State Affairs 23 INFO TECH SYSTEMS ...... - 24 H St Aff

17 Transp & Def 24 TRANSPORTATION DEPARTMENT ...... 64 196 LAW

18 Transp & Def 25 ABANDONED MOTOR VEHICLES ...... - 26 H Transp

19 Trail 25 MEDICAL MARIJUANA ...... - 26 H Health/Wel

20 Education 26 UNIVERSITY OF IDAHO ...... 48 173 LAW

21 Education 26 EDUCATION ...... 48 173 LAW

22 Res & Cons 26 WATER RIGHT LICENSES ...... 151 301 LAW

23 Res & Cons 26 WELLS ...... 151 151 S Res/Env

24 Res & Cons 26 WATER ...... 151 301 LAW

25 Res & Cons 27 WATER ...... 152 301 LAW

26 J R & A 27 PEACE OFFICERS STANDARDS AND TRAINING FUND ...... 48 48 H FAILED

27 J R & A 27 ASSAULT AND BATTERY ...... 49 117 LAW

28 J R & A 27 FREEDOM OF CONSCIENCE FOR HEALTH CARE PROFESSIONALS ...... - 29 H St Aff

29 Ringo 27 SALES AND USE TAX - SERVICES ...... - 29 H Rev/Tax

30 Rev & Tax 27 HOMEOWNER'S EXEMPTION ...... 48 48 S Loc Gov House Journal 2011 BILL INDEX 325

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

31 Res & Cons 28 WATER ...... 152 301 LAW

32 State Affairs 29 VIDEO SERVICE ACT ...... - 31 H St Aff

33 State Affairs 29 PEACE OFFICERS – INDIAN TRIBES ...... - 31 H Jud

34 State Affairs 31 CAPITOL COMMISSION ...... 49 123 LAW

35 Rev & Tax 33 COOPERATIVE SERVICE AGENCIES ...... - 36 H Rev/Tax

36 Education 34 EDUCATION ...... - 36 H Educ

37 Ringo 34 TAX COMMISSION ...... - 36 H Rev/Tax

38 Ag Affairs 34 ORGANIC FOOD PRODUCTS ...... 101 188 LAW

39 Ag Affairs 34 SEED CROPS ...... 109 301 LAW

40 E E & T 34 ENVIRONMENTAL QUALITY ...... 65 188 LAW

41 E E & T 34 UNDERGROUND STORAGE TANKS ...... 65 173 LAW

42 E E & T 34 DEPARTMENT OF ENVIRONMENTAL QUALITY ...... - 36 H Env

43 Transp & Def 34 MILITARY DIVISION - DUTY STATUS ...... 83 188 LAW

44 Transp & Def 34 MILITARY DIVISION ...... 83 188 LAW

45 Transp & Def 34 SPECIAL MOTOR VEHICLE LICENSE PLATES ...... 64 138 LAW

46 Health & W 34 ACUPUNCTURE ...... 121 211 LAW

47 Health & W 35 SPEECH AND HEARING SERVICES PRACTICE ACT .... 122 211 LAW

48 Health & W 35 RESIDENTIAL CARE ADMINISTRATION ACT ...... 122 211 LAW

49 Health & W 35 RESIDENTIAL CARE ADMINISTRATORS ACT ...... 122 216 LAW

50 State Affairs 37 LAND USE PLANNING ACT ...... - 41 H Loc Gov

51 Education 37 EDUCATION ...... 65 188 LAW

52 Res & Cons 37 GEOTHERMAL RESOURCES ...... 103 206 LAW

53 Res & Cons 38 GEOTHERMAL RESOURCE LEASES ...... 104 206 LAW

54 Res & Cons 38 GEOTHERMAL LEASES ...... 104 206 LAW

55 Business 38 REVISED UNIFORM UNINCORPORATED NONPROFIT ASSOCIATION ACT ...... - 130 H Bus

56 Res & Cons 38 GEOTHERMAL RESOURCES - BONDING ...... 109 206 LAW

57 Rev & Tax 38 TAX COMMISSION - SALES AND USE TAX ...... - 41 H W/M

58 State Affairs 38 CIVIL OFFICES ...... 131 131 H FAILED

59 State Affairs 38 STATE SOVEREIGNTY ...... - 41 H St Aff

60 State Affairs 39 ELECTION CONSOLIDATION ...... 56 123 LAW

61 Transp & Def 41 MOTOR VEHICLES - CRIMES AND PUNISHMENTS .... 65 123 LAW 326 BILL INDEX House Journal 2011

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

62 Ag Affairs 41 VETERINARY MEDICINE BOARD ...... 90 211 LAW

63 Ag Affairs 41 VETERINARIANS ...... 90 211 LAW

64 Ag Affairs 42 VETERINARIANS - LICENSURE ...... 91 211 LAW

65 Ag Affairs 42 VETERINARIANS ...... 91 216 LAW

66 Luker 43 FOOD TAX CREDITS ...... - 46 H Rev/Tax

67 J R & A 43 SUPREME COURT ...... 66 123 LAW

68 J R & A 43 JUDICIAL COUNCIL ...... 66 123 LAW

69 Business 43 BOARD OF ENGINEERS AND LAND SURVEYORS ...... - 46 H Bus

70 Business 44 ELECTRICAL APPRENTICES ...... 66 138 LAW

71 Business 44 ELEVATOR SAFETY CODE ACT ...... 67 138 LAW

72 Business 44 HVAC BOARD ...... 67 138 LAW

73 Business 44 ELECTRICAL INSPECTORS ...... - 46 H Bus

74 Business 44 ELECTRICAL BOARD ...... 67 138 LAW

75 Business 44 PLUMBING BOARD ...... - 46 H Bus

76 C & H R 44 PUBLIC EMPLOYMENT AND COVERAGE ...... 91 173 LAW

77 C & H R 44 INDUSTRIAL COMMISSION ...... - 46 H Com/HuRes

78 Education 47 EDUCATION - MASTERY ADVANCEMENT PILOT PROGRAM ...... 78 211 LAW

79 C & H R 47 EMPLOYMENT SECURITY LAW ...... 103 206 LAW

80 C & H R 47 EMPLOYMENT SECURITY LAW ...... 103 211 LAW

81 Business 47 COSMETICIANS ...... 133 211 LAW

82 Business 47 REAL ESTATE APPRAISERS ACT ...... 133 211 LAW

83 Business 47 BARBER COLLEGES ...... 134 310 LAW

84 Res & Cons 50 OUTFITTERS AND GUIDES ...... 120 120 S Res/Env

85 Res & Cons 50 FISH AND GAME ...... 134 231 LAW

86 J R & A 50 UNIFORM CONTROLLED SUBSTANCES ...... - 52 H Jud

87 State Affairs 50 DISPOSAL OF SURPLUS PERSONAL PROPERTY ...... 78 188 LAW

88 State Affairs 50 CATASTROPHIC HEALTH CARE COST PROGRAM ...... 179 301 LAW

89 State Affairs 50 FIRE PROTECTION DISTRICTS ...... 79 138 LAW

90 State Affairs 51 INDEPENDENT FINANCIAL AUDITS ...... 79 138 LAW

91 AA,AA Transp & Def 53 MOTOR VEHICLES ...... 261 320 LAW (House Amendments - p. 199 and 241) House Journal 2011 BILL INDEX 327

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

92 Transp & Def 54 MOTOR VEHICLES ...... - 57 H Transp

93 E E & T 54 HAZARDOUS WASTE ...... 83 173 LAW

94 Res & Cons 54 INJECTION WELLS ...... 134 231 LAW

95 AA,AAS Local Gov 54 URBAN RENEWAL ...... 283 320 LAW (House Amendments - p. 127) (Senate Amendments - See Senate Journal)

96 Local Gov 54 LOCAL ECONOMIC DEVELOPMENT ACT ...... 146 146 S Loc Gov

97 Local Gov 54 URBAN RENEWAL ...... 146 146 S Loc Gov

98 Local Gov 54 URBAN RENEWAL ...... - 57 H Loc Gov

99 AA Local Gov 54 URBAN RENEWAL ...... 146 146 H FAILED (House Amendments - p. 129)

100 Ag Affairs 55 PEA AND LENTIL COMMISSION ...... 66 188 LAW

101 Ag Affairs 55 STATE BRAND BOARD ...... 103 188 LAW

102 Rev & Tax 55 INCOME TAX ...... 58 85 LAW

103 Education 55 PUBLIC MONEYS - RIGHT TO WORK ...... - 57 H St Aff

104 AA Education 55 EDUCATION ...... 162 162 S Educ (House Amendments - p. 129)

105 State Affairs 55 BUREAU OF EDUCATIONAL SERVICES FOR THE DEAF AND THE BLIND ...... 91 173 LAW

106 State Affairs 55 COMMUNITY COLLEGES ...... - 57 H St Aff

107 Res & Cons 57 AQUIFER PROTECTION DISTRICTS ...... - 60 H Res/Con

108 C & H R 57 EMPLOYMENT SECURITY LAW ...... 163 231 LAW

109 C & H R 58 UNEMPLOYMENT BENEFITS ...... 152 231 LAW

110 Local Gov 58 URBAN RENEWAL ...... 146 146 S Loc Gov

111 J R & A 58 PEACE OFFICERS - INDIAN TRIBES ...... 98 98 H FAILED

112 Local Gov 60 AUCTIONEER LICENSES ...... 101 188 LAW

113 Local Gov 60 PROPERTY TAX ...... 92 211 LAW

114 Local Gov 61 URBAN RENEWAL ...... 147 147 H FAILED

115 Local Gov 61 PLATS ...... 164 231 LAW

116 State Affairs 61 AUDITORIUM DISTRICTS ...... - 63 H Loc Gov

117 State Affairs 61 STATE SOVEREIGNTY ...... 95 95 S St Aff

118 Education 63 BOARD OF TRUSTEES - SCHOOL DISTRICTS ...... - 68 H Educ

119 J R & A 63 UNIFORM CONTROLLED SUBSTANCES ...... 109 181 LAW 328 BILL INDEX House Journal 2011

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

120 J R & A 63 COUNTY SHERIFFS ...... - 68 H Jud

121 J R & A 64 EXEMPTION FOR ATTACHMENT ...... 110 211 LAW

122 C & H R 64 EMPLOYMENT SECURITY LAW ...... 157 231 LAW

123 Education 64 EDUCATION ...... - 68 H Educ

124 Rev & Tax 64 PROPERTY TAXATION ...... 102 301 LAW

125 Rev & Tax 64 URBAN RENEWAL ...... - 68 H Loc Gov

126 Rev & Tax 64 INCOME TAX ...... 92 92 S Loc Gov

127 Transp & Def 69 RULES OF THE ROAD - SAFETY RESTRAINTS ...... - 71 H Held at Desk

128 State Affairs 73 CATASTROPHIC HEALTH CARE COST PROGRAM ...... - 171 H Health/Wel

129 AAS C & H R 74 DAYCARE ...... 315 319 LAW (Senate Amendments - See Senate Journal)

130 Business 74 IMMUNIZATION ASSESSMENTS ...... 157 231 LAW

131 Business 74 IDAHO HEALTH CARRIER EXTERNAL REVIEW ACT ...... 157 231 LAW

132 Business 75 BOARD OF ENGINEERS AND LAND SURVEYORS ...... 158 249 LAW

133 Business 75 LANDLORD-TENANT ACT ...... - 80 H Bus

134 Business 76 FARM EQUIPMENT ...... - 80 H Bus

135 Res & Cons 77 LEWIS AND CLARK TRAIL FUND ...... 121 211 LAW

136 Res & Cons 77 WATERMASTERS ...... 134 301 LAW

137 AA,AAS Res & Cons 77 ALTERATION OF CHANNELS OF STREAMS ...... 290 319 LAW (House Amendments - p. 130) (Senate Amendments - See Senate Journal)

138 Res & Cons 77 IRRIGATION ...... 135 301 LAW

139 J R & A 77 UNIFORM CONTROLLED SUBSTANCES ...... 110 181 LAW

140 AAS J R & A 77 JUVENILE CORRECTIONS ACT ...... 266 301 LAW (Senate Amendments - See Senate Journal)

141 AA J R & A 77 MOTOR VEHICLES - ELECTRONIC DEVICES ...... 260 260 H FAILED (House Amendments - p. 240)

142 AAS Res & Cons 77 WATER SKIING - VESSELS ...... 192 231 LAW (Senate Amendments - See Senate Journal)

143 Res & Cons 78 FISH AND GAME ...... 121 211 LAW

144 Appropriations 81 FUEL TAX DISTRIBUTION ...... 136 206 LAW

145 AA Transp & Def 81 RECREATIONAL ACTIVITIES ...... 162 301 LAW (House Amendments - p. 126 and 149)

146 Transp & Def 81 MOTOR VEHICLES ...... - 85 H Transp House Journal 2011 BILL INDEX 329

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

147 AAS Transp & Def 81 RULES OF THE ROAD ...... 269 301 LAW (Senate Amendments - See Senate Journal)

148 Local Gov 81 LOCAL LAND USE PLANNING ...... 135 211 LAW

149 Ag Affairs 81 ANIMAL CRUELTY ...... - 85 H Agric Aff

150 AA Ag Affairs 82 CONFINED ANIMAL FEEDING OPERATION ...... 163 301 LAW (House Amendments - p. 130)

151 Ag Affairs 82 ALFALFA AND CLOVER SEED COMMISSION ...... 164 301 LAW

152 Ag Affairs 82 DAIRY PRODUCTS ...... 136 231 LAW

153 E E & T 82 WATER QUALITY ...... 119 231 LAW

154 C & H R 83 EMPLOYMENT SECURITY LAW ...... 157 231 LAW

155 Res & Cons 86 FISH AND GAME ...... 102 188 LAW

156 State Affairs 86 VIDEO SERVICE ACT ...... - 88 H St Aff

157 Education 87 IDAHO STATE UNIVERSITY ...... 143 211 LAW

158 Education 87 EDUCATION BOARD ...... 150 231 LAW

159 Education 87 EDUCATION BOARD ...... 150 310 LAW

160 Transp & Def 89 MOTOR VEHICLE DRIVER'S LICENSES ...... 158 238 LAW

161 Transp & Def 89 MOTOR FUELS TAX ...... - 93 H Transp

162 Health & W 89 HOSPITAL LICENSES AND INSPECTIONS ...... 180 271 S FAILED

163 Health & W 89 PREGNANT PRISONERS - RESTRAINT ...... 133 310 LAW

164 Health & W 89 ADVISORY COUNCILS ...... 137 231 LAW

165 Health & W 90 MIDWIVES ...... 137 301 LAW

166 Ag Affairs 90 RIGHT TO FARM ...... - 93 H Agric Aff

167 Education 90 COSMETICIANS ...... 135 211 LAW

168 State Affairs 94 EMINENT DOMAIN ...... - 96 H St Aff

169 Business 94 PUBLIC CONSTRACTING - PERSONS WITH DISABILITIES ...... - 96 H Bus

170 Business 94 SOCIAL SECURITY NUMBERS ...... - 96 H Bus

171 Business 94 INSURANCE - TRADE PRACTICES - FRAUD ...... - 184 H Bus

172 Rev & Tax 94 SALES TAX ...... 135 135 S Loc Gov

173 Rev & Tax 95 TAXATION ...... - 96 H Rev/Tax

174 State Affairs 97 UNCLAIMED PROPERTY LAW ...... 150 249 LAW

175 State Affairs 97 UNCLAIMED PROPERTY LAW ...... 151 319 LAW 330 BILL INDEX House Journal 2011

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

176 State Affairs 97 HEALTH CARE PROFESSIONAL TRANSPARENCY ACT ...... - 99 H Com/HuRes

177 State Affairs 97 COMMUNITY COLLEGES ...... - 99 H St Aff

178 Rev & Tax 97 REVENUE BONDS ...... 135 249 LAW

179 Rev & Tax 97 UNAUTHORIZED INSURERS AND SURPLUS LINES .... 184 301 LAW

180 Education 100 PUBLIC LIBRARIES - INTERNET USE POLICY ...... - 105 H Educ

181 AA Business 100 SMALL BUSINESS FEDERAL FUNDING ASSISTANCE ACT ...... 221 310 LAW (House Amendments - p. 208)

182 Health & W 108 PHARMACY BOARD ...... 162 162 S Health/Wel

183 AAS State Affairs 113 LANDLORD-TENANT ACT ...... 266 301 LAW (Senate Amendments - See Senate Journal)

184 State Affairs 114 PURCHASING DIVISION ...... - 117 H St Aff

185 Ways & Means 114 URBAN RENEWAL ...... - 117 H Loc Gov

186 Ways & Means 114 FISH AND GAME ...... - 117 H Res/Con

187 State Affairs 114 FREEDOM OF CONSCIENCE - HEALTH CARE PROFESSIONALS ...... 168 310 LAW

188 State Affairs 114 PUBLIC LANDS ...... - 117 H Res/Con

189 State Affairs 115 EMINENT DOMAIN ...... - 117 H St Aff

190 Education 115 PERSI ...... - 117 H Com/HuRes

191 State Affairs 115 PARI-MUTUEL BETTING ...... 213 319 LAW

192 State Affairs 119 EMINENT DOMAIN ...... - 123 H St Aff

193 AA,AAS State Affairs 124 MOTOR VEHICLES ...... 315 319 LAW (House Amendments - p. 199) (Senate Amendments - See Senate Journal)

194 State Affairs 124 SALES AND USE TAX - REBATE ...... 169 310 LAW

195 AAS State Affairs 124 MOTOR VEHICLES ...... 316 320 LAW (Senate Amendments - See Senate Journal)

196 Rev & Tax 125 CIGARETTE TAX - INDIAN RESERVATIONS ...... - 132 H Rev/Tax

197 Rev & Tax 125 EDUCATION - BUDGET AND TAX LEVIES ...... 168 168 S Loc Gov

198 Ways & Means 125 URBAN RENEWAL - LOCAL ECONOMIC DEVELOPMENT ACT ...... - 132 H Loc Gov

199 Ways & Means 125 HIGHWAYS AND BRIDGES ...... - 132 H Transp

200 Rev & Tax 125 OCCUPANCY TAX ...... - 132 H Rev/Tax

201 Education 125 SCHOOL DISTRICTS - EMPLOYEES ...... 213 319 LAW House Journal 2011 BILL INDEX 331

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

202 State Affairs 133 PUBLIC WORKS DIVISION ...... - 138 H St Aff

203 Appropriations 141 APPROPRIATIONS ...... 164 231 LAW

204 Education 141 EDUCATION ...... 185 301 LAW

205 AAS Education 141 PUBLIC LIBRARIES - INTERNET USE POLICY ...... 290 319 LAW (Senate Amendments - See Senate Journal)

206 State Affairs 141 POULTRY ...... 185 310 LAW

207 AA State Affairs 142 IDAHO BUILDING CODE ...... 220 310 LAW (House Amendments - p. 199)

208 State Affairs 142 COUNTY-BASED RENEWABLE ENERGY COMMERCE AUTHORITIES ...... - 144 H St Aff

209 Ways & Means 145 ATTORNEY'S FEES ...... 184 184 S Jud

210 Ways & Means 145 RIGHT TO FARM ...... 179 310 LAW

211 Ways & Means 145 RIGHT TO FARM ...... - 148 H Jud

212 State Affairs 145 INDIGENT SICK ...... - 171 H Health/Wel

213 Rev & Tax 145 SALES TAX ...... 179 310 LAW

214 Rev & Tax 145 USE TAX ...... 179 319 LAW

215 State Affairs 148 HIGH OCCUPANCY VEHICLE LANES ...... - 153 H W/M

216 State Affairs 149 MEDICALLY INDIGENT ...... - 251 H Health/Wel

217 Rev & Tax 149 HOSPITAL DISTRICTS - DEBT ...... 184 301 LAW

218 Health & W 154 PHARMACISTS ...... 214 319 LAW

219 Health & W 154 PHARMACISTS ...... - 159 H Health/Wel

220 Health & W 154 NATUROPATHIC PHYSICIANS ...... - 159 H St Aff

221 Health & W 154 MEDICAID ...... - 159 H Health/Wel

222 State Affairs 155 FIREARMS ...... 208 208 S St Aff

223 State Affairs 156 LOCAL PLANNING ACT ...... - 159 H St Aff

224 State Affairs 156 LOCAL PLANNING ACT ...... 213 319 LAW

225 State Affairs 156 DRUG COURT ...... 191 301 LAW

226 State Affairs 156 JUDGMENTS - SENTENCES ...... 191 301 LAW

227 AA State Affairs 156 CRIMES AND PUNISHMENTS - MOTOR VEHICLES .... 220 319 LAW (House Amendments - p. 199)

228 Ways & Means 160 MOTOR VEHICLES ...... 200 320 LAW

229 Ways & Means 160 PUBLIC ASSISTANCE ...... - 166 H Com/HuRes

230 Ways & Means 160 VERIFICATION OF LAWFUL PRESENCE IN U.S...... 246 319 LAW 332 BILL INDEX House Journal 2011

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

231 AA Ways & Means 160 HUNTING ...... 269 319 LAW (House Amendments - p. 258)

232 Ways & Means 160 ENCROACHMENTS ...... 226 319 LAW

233 State Affairs 167 STATE CONTROLLER ...... 222 319 LAW

234 State Affairs 167 SEXUAL OFFENDER REGISTRATION ACT ...... 220 319 LAW

235 State Affairs 167 CRIMINAL GANG ENFORCEMENT ACT ...... 191 301 LAW

236 Rev & Tax 167 COOPERATIVE SERVICE AGENCIES ...... 190 301 LAW

237 Appropriations 171 APPROPRIATIONS - INDUSTRIAL COMMISSION ...... 183 249 LAW

238 Appropriations 171 APPROPRIATIONS - PUBLIC EMPLOYEE RETIREMENT SYSTEM ...... 183 249 LAW

239 Rev & Tax 174 PUBLIC WRITINGS ...... 217 319 LAW

240 Rev & Tax 174 INDUSTRIAL COMMISSION ...... 229 319 LAW

241 State Affairs 175 WATER LEASES ...... - 177 H Res/Con

242 AA State Affairs 175 EMINENT DOMAIN ...... 221 221 S Loc Gov (House Amendments - p. 208)

243 State Affairs 175 WORKER'S COMPENSATION PROCEDURES ...... - 177 H Com/HuRes

244 Appropriations 175 APPROPRIATIONS - ENERGY RESOURCES ...... 190 281 LAW

245 Appropriations 175 APPROPRIATIONS - SPECIES CONSERVATION OFFICE ...... 190 281 LAW

246 Ways & Means 175 ROADS - RIGHTS-OF-WAY ...... - 177 H St Aff

247 AA Rev & Tax 178 SPECIAL BIG GAME AUCTION TAGS ...... 261 261 S Res/Env (House Amendments - p. 240)

248 Appropriations 178 APPROPRIATIONS - DEPARTMENT OF AGRICULTURE ...... 200 301 LAW

249 Appropriations 178 APPROPRIATIONS - DEPARTMENT OF FINANCE ...... 200 281 LAW

250 Rev & Tax 182 SALES AND USE TAX ...... - 189 H Rev/Tax

251 Appropriations 182 APPROPRIATIONS - FISH AND GAME DEPARTMENT ...... 202 301 LAW

252 Appropriations 182 APPROPRIATIONS - JUVENILE CORRECTIONS DEPARTMENT ...... 203 301 LAW

253 Appropriations 182 APPROPRIATIONS - IDAHO STATE POLICE ...... 203 310 LAW

254 Appropriations 182 APPROPRIATIONS - PARDONS AND PAROLE COMMISSION ...... 204 301 LAW

255 Ways & Means 182 RESTRICTIONS ON PUBLIC BENEFITS ...... - 189 H W/M

256 Ways & Means 182 PLUMBING - PLUMBING SYSTEMS ...... 228 228 S Com/HuRes House Journal 2011 BILL INDEX 333

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

257 Ways & Means 183 ADMINISTRATIVE RULES ...... 204 319 LAW

258 Appropriations 183 APPROPRIATIONS - LANDS DEPARTMENT ...... 205 301 LAW

259 Appropriations 183 APPROPRIATIONS - ENVIRONMENTAL QUALITY DEPARTMENT ...... 208 301 LAW

260 Ways & Means 186 MEDICAID ...... 214 301 LAW

261 Ways & Means 186 PUBLIC ASSISTANCE ...... - 197 H Com/HuRes

262 Ways & Means 186 PUBLIC ASSISTANCE ...... 229 319 LAW

263 Ways & Means 186 RESTRICTIONS ON PUBLIC BENEFITS ...... - 251 H Com/HuRes

264 State Affairs 189 VETERAN PREFERENCES ...... 260 319 LAW

265 State Affairs 190 INDUSTRIAL WIND FARM AND WIND TURBINE MORATORIUM ...... - 196 H St Aff

266 Education 190 INSURANCE ...... 228 228 S Com/HuRes

267 Education 190 PUBLIC RECORDS ...... - 196 H Com/HuRes

268 Ways & Means 194 EMINENT DOMAIN ...... 228 228 S St Aff

269 Ways & Means 194 DAIRIES ...... 221 310 LAW

270 Ways & Means 194 AGRICULTURE DEPARTMENT - RULEMAKING ...... 221 310 LAW

271 Ways & Means 195 PHARMACISTS ...... - 196 H Health/Wel

272 Ways & Means 195 WATER LEASES ...... 220 318 LAW

273 Ways & Means 195 GROUND WATER DISTRICTS ...... - 196 H Res/Con

274 Ways & Means 195 WOLVES ...... - 273 H Gen Ord

275 AA State Affairs 197 ELECTIONS ...... 260 319 LAW (House Amendments - p. 240)

276 Appropriations 198 APPROPRIATIONS - CORRECTION DEPARTMENT - BOARD OF CORRECTION ...... 218 301 LAW

277 AAS State Affairs 198 ATTORNEY GENERAL ...... 244 302 S FAILED (Senate Amendments - See Senate Journal)

278 State Affairs 198 LEGISLATIVE COUNSEL ...... - 207 H St Aff

279 Rev & Tax 205 INCOME TAX CREDIT ...... - 207 H Rev/Tax

280 Ways & Means 208 FARM EQUIPMENT ...... 228 319 LAW

281 Ways & Means 209 PUBLIC RECORDS ...... - 211 H St Aff

282 Ways & Means 209 AIR QUALITY ...... - 211 H Env

283 Ways & Means 210 INSURANCE ...... 244 319 LAW

284 Appropriations 212 APPROPRIATIONS - IDAHO TRANSPORTATION DEPARTMENT ...... 222 310 LAW 334 BILL INDEX House Journal 2011

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

285 Appropriations 212 HIGHWAY PROJECTS - GARVEE BONDING AUTHORITY ...... 223 301 LAW

286 Appropriations 212 APPROPRIATIONS - GOVERNOR, EXECUTIVE OFFICE OF ...... 226 319 LAW

287 Appropriations 212 APPROPRIATIONS - LOTTERY, STATE ...... 226 310 LAW

288 Appropriations 212 APPROPRIATIONS - MEDICAL BOARDS, SELF-GOVERNING ...... 227 310 LAW

289 Appropriations 212 APPROPRIATIONS - LEGISLATIVE COUNCIL ...... 227 319 LAW

290 Appropriations 213 APPROPRIATIONS - PARKS AND RECREATION DEPARTMENT ...... 227 310 LAW

291 Appropriations 213 APPROPRIATIONS - WATER RESOURCES DEPARTMENT ...... 227 310 LAW

292 Appropriations 213 APPROPRIATIONS - REGULATORY BOARDS, SELF-GOVERNING ...... 227 310 LAW

293 Appropriations 217 APPROPRIATIONS - LABOR DEPARTMENT ...... 229 310 LAW

294 Appropriations 217 APPROPRIATIONS - BOARD OF TAX APPEALS ...... 230 310 LAW

295 C & H R 217 PUBLIC ASSISTANCE ...... - 251 H Com/HuRes

296 Rev & Tax 223 INCOME TAX CREDIT - CAPITAL INVESTMENT ...... 236 319 LAW

297 AAS Rev & Tax 223 INCOME TAX CREDIT ...... 316 320 LAW (Senate Amendments - See Senate Journal)

298 Ways & Means 224 HEALTH CARE LAW ...... 266 320 VETOED

299 Ways & Means 224 HEALTH CARRIER EXTERNAL REVIEW ACT ...... 265 319 LAW

300 AA Ways & Means 224 ACCESS TO JUSTICE FUND ...... 286 286 S Jud (House Amendments - p. 272)

301 Appropriations 232 APPROPRIATIONS - MILITARY DIVISION ...... 246 319 LAW

302 State Affairs 239 PUBLIC RECORDS ...... - 258 H St Aff

303 State Affairs 239 VIDEO SERVICE ACT ...... - 242 H St Aff

304 Appropriations 239 APPROPRIATIONS - VETERANS SERVICES ...... 259 319 LAW

305 Appropriations 239 APPROPRIATIONS - STATE TREASURER ...... 260 319 LAW

306 Appropriations 239 APPROPRIATIONS - STATE TAX COMMISSION ...... 260 319 LAW

307 State Affairs 239 HIGHWAY COMMISSIONERS - TERMS OF OFFICE ...... - 242 H Transp

308 State Affairs 243 BOND ELECTIONS ...... 283 283 S St Aff

309 Appropriations 244 APPROPRIATIONS - DEPARTMENT OF COMMERCE .... 265 319 LAW

310 AAS Ways & Means 247 MEDICALLY INDIGENT ...... 317 319 LAW (Senate Amendments - See Senate Journal) House Journal 2011 BILL INDEX 335

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

311 Ways & Means 247 UNINSURED MOTORISTS ...... - 249 H Transp

312 Ways & Means 248 FLOATING HOME MOORAGE MARINAS ...... - 249 H W/M

313 Ways & Means 248 STATE TAX COMMISSION ...... - 249 H Rev/Tax

314 Education 250 FEES FOR DRIVER'S TRAINING ...... - 283 H Educ

315 Education 250 EDUCATION ...... 297 320 LAW

316 State Affairs 250 LEVY ELECTIONS ...... 284 284 S St Aff

317 Ways & Means 250 PUBLIC ASSISTANCE ...... - 273 H W/M

318 Ways & Means 250 GROUND WATER DISTRICTS ...... 273 320 LAW

319 State Affairs 257 RETIREMENT PROVISIONS - LEGISLATURE ...... - 258 H St Aff

320 State Affairs 257 VIDEO SERVICE ACT ...... - 258 H St Aff

321 Rev & Tax 257 SALES AND USE TAX ...... - 258 H Rev/Tax

322 Rev & Tax 257 SALES AND USE TAX ...... - 258 H Rev/Tax

323 Appropriations 257 APPROPRIATIONS - DEPARTMENT OF ADMINISTRATION ...... 267 319 LAW

324 Appropriations 257 APPROPRIATIONS - DEPARTMENT OF INSURANCE .... 267 319 LAW

325 Appropriations 257 APPROPRIATIONS - CAPITOL COMMISSION ...... 268 319 LAW

326 State Affairs 257 VEHICLE INSPECTION AND MAINTENANCE PROGRAM ...... 268 320 LAW

327 Ways & Means 259 EXEMPTION FROM PROPERTY TAXATION ...... - 262 H Rev/Tax

328 Ways & Means 259 PUBLIC RECORDS ...... 268 318 LAW

329 Appropriations 263 APPROPRIATIONS - CATASTROPHIC HEALTH CARE PROGRAM ...... 273 319 LAW

330 Appropriations 263 APPROPRIATIONS - STATE INDEPENDENT LIVING COUNCIL ...... 274 319 LAW

331 Business 263 FORECLOSURE ...... 274 320 LAW

332 Education 263 EDUCATION ...... - 271 H Educ

333 Education 263 SCHOOL BUILDING MAINTENANCE ...... 304 304 S Educ

334 Education 263 EDUCATION ...... 305 305 S Educ

335 Education 263 EDUCATION ...... 291 319 LAW

336 Education 264 EDUCATION ...... 291 319 LAW

337 Rev & Tax 270 SALES AND USE TAX ...... 275 275 S Loc Gov

338 Appropriations 272 APPROPRIATIONS - SUBSTANCE ABUSE TREATMENT AND MENTAL HEALTH SERVICES - TRAILER ...... 284 319 LAW

339 State Affairs 276 EDUCATION ...... - 279 H Educ 336 BILL INDEX House Journal 2011

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

340 Education 276 EDUCATION - CERTIFICATES ...... 305 305 S Educ

341 Appropriations 276 APPROPRIATIONS - DEPARTMENT OF HEALTH AND WELFARE ...... 285 319 LAW

342 Ways & Means 282 WIND ENERGY - SITING ...... - 289 H St Aff

343 Ways & Means 282 WOLVES ...... 296 320 LAW

344 Education 282 FISCAL MATTERS OF SCHOOL DISTRICTS ...... 304 319 LAW

345 Education 282 EDUCATION ...... 297 319 LAW

346 Education 287 CHARTER SCHOOLS ...... - 307 Laid on table

347 Ways & Means 289 SALES AND USE TAX ...... 299 318 S FAILED

348 Ways & Means 295 SALES AND USE TAX ...... 300 300 S St Aff

349 Ways & Means 295 INCOME TAXATION ...... - 299 H W/M

350 Ways & Means 302 VIDEO SERVICE ACT ...... - 304 H W/M

351 State Affairs 303 PRIMARY ELECTIONS ...... 307 320 LAW

352 Education 311 PUBLIC CHARTER SCHOOLS ...... - 312 H Educ

353 Ways & Means 311 CHARTER SCHOOLS ...... 313 313 H PASSED House Journal 2011 BILL INDEX 337

House Intro- Final Final Concurrent Introduced duction Vote Action Final Resolution By: Page Bill Description Page Page Disposition

1 Moyle and 6 GOVERNOR - STATE OF STATE ADDRESS ...... Rusche 6 19 ADOPTED

2 Education 19 BONNEVILLE COUNTY CENTENNIAL ...... 28 86 ADOPTED

3 Res & Cons 36 NATURAL RESOURCE ISSUES - STUDY ...... 48 289 ADOPTED

4 E E & T 52 ENERGY, ENVIRONMENT AND TECHNOLOGY ISSUES - STUDY ...... 66 112 ADOPTED

5 C & H R 71 SHAKEN BABY SYNDROME ...... 163 231 ADOPTED

6 J R & A 73 PRINTING CONTRACT - SESSION LAWS ...... 101 159 ADOPTED

7 Appropriations 81 BUDGET STABILIZATION FUND ...... 101 159 ADOPTED

8 State Affairs 86 LEWISTON AND THE LEWIS-CLARK VALLEY ...... 102 174 ADOPTED

9 Health & W 89 IDAHO STATE SCHOOL AND HOSPITAL ...... 142 142 S Health/Wel

10 Res & Cons 100 LANDS DEPARTMENT - RULES ...... 121 181 ADOPTED

11 Res & Cons 100 FISH AND GAME - RULES ...... 121 121 S Res/Env

12 Health & W 106 HEALTH AND WELFARE - RULES ...... 130 181 ADOPTED

13 Health & W 106 HEALTH AND WELFARE - RULES ...... 130 181 ADOPTED

14 Health & W 106 HEALTH AND WELFARE - RULES ...... 130 181 ADOPTED

15 Ways & Means 113 RULES - REJECTED ...... 165 225 ADOPTED

16 E E & T 118 ENVIRONMENTAL QUALITY DEPARMENT - RULES .... 150 242 ADOPTED

17 State Affairs 124 SHOSHONE COUNTY - SUPERFUND SITE ...... - 132 H Env

18 Education 139 SESQUICENTENNIAL CELEBRATION ...... 164 212 ADOPTED

19 State Affairs 140 IDAHO NATIONAL LABORATORY ...... 185 250 ADOPTED

20 State Affairs 140 HEALTH SAVINGS ACCOUNT ...... 185 185 S Com/HuRes

21 Ways & Means 159 HEALTH AND WELFARE - RULE ...... 192 192 S Health/Wel

22 Ways & Means 160 HEALTH AND WELFARE - RULE ...... 229 289 ADOPTED

23 State Affairs 178 H&W - RULE REJECTED ...... 201 289 ADOPTED

24 State Affairs 189 RULES - REJECTED ...... 214 214 S Agric Aff

25 Rev & Tax 205 GROCERY TAX CREDIT ...... 218 279 ADOPTED

26 Ways & Means 223 LINKIDAHO ...... - 225 H Env

27 Education 243 TASK FORCE ...... - 249 H Com/HuRes

28 State Affairs 275 FULL-TERM PREGNANCY AND CHILD ADOPTIONS .... - 279 H St Aff 338 BILL INDEX House Journal 2011

House Intro- Final Final Joint Introduced duction Vote Action Final Memorial By: Page Bill Description Page Page Disposition

1 Education 37 PARENTAL RIGHTS AMENDMENT ...... 62 207 ADOPTED

2 Res & Cons 72 WILDERNESS DESIGNATION ...... 109 181 ADOPTED

3 State Affairs 139 HEALTH INSURANCE AGENTS AND BROKER COMMISSIONS ...... 185 250 ADOPTED

Intro- Final Final House Introduced duction Vote Action Final Resolution By: Page Bill Description Page Page Disposition

1 Moyle and 6 HOUSE ATTACHES - COMPENSATION ...... Rusche 17 17 ADOPTED

2 State Affairs 68 HOUSE RULE 76 ...... 91 91 ADOPTED

Intro- Final Final House Introduced duction Vote Action Final Proclamation By: Page Bill Description Page Page Disposition

1 Education 33 PEACE CORPS VOLUNTEERS ...... 56 56 ADOPTED

2 Education 53 PRESIDENT RONALD REAGAN ...... 60 63 ADOPTED

3 State Affairs 86 LEWISTON - COMMENDED ...... 102 117 ADOPTED

4 State Affairs 93 SUN VALLEY DAY ...... 111 138 ADOPTED House Journal 2011 BILL INDEX 339

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

1001 AA McGee 264 SPECIALTY OFF-HIGHWAY VEHICLES ...... 306 318 LAW (Senate Amendments - See Senate Journal)

1003 Jud & Rules 51 JUVENILE CORRECTIONS ACT ...... 78 88 LAW

1004 Jud & Rules 51 JUVENILE CORRECTIONS ACT ...... - 51 H Jud

1006 State Affairs 51 RIGHT TO WORK ...... 115 132 LAW

1007 State Affairs 62 LABOR ORGANIZATIONS ...... 115 132 LAW

1008 Jud & Rules 69 SUPREME COURT ...... 110 123 LAW

1009 Jud & Rules 69 COMMENCEMENT OF ACTIONS ...... 110 123 LAW

1010 Jud & Rules 69 PARENT RESPONSIBILITY ACT ...... 120 138 LAW

1011 Jud & Rules 69 RULES OF THE ROAD ...... 102 117 LAW

1012 Jud & Rules 69 SUPREME COURT REPORTER ...... 120 138 LAW

1014 Jud & Rules 58 RAPE ...... 110 123 LAW

1017 Com & HR 83 EMPLOYMENT SECURITY LAW ...... 180 196 LAW

1018 Com & HR 83 DIVISION OF HUMAN RESOURCES - RULES ...... 193 211 LAW

1019 Com & HR 83 COMMERCE DEPARTMENT ...... 193 211 LAW

1020 Com & HR 83 PERSI - MILITARY SERVICE ...... 192 211 LAW

1021 AA Health & W 167 MEDICINE - EMS SYSTEM ...... 299 310 LAW (Senate Amendments - See Senate Journal)

1022 Bock 150 INTELLECTUAL DISABILITIES - ARCHAIC LANGUAGE ...... 235 249 LAW

1023 Bock 55 EDUCATION - PUBLIC CHARTER SCHOOLS ...... - 55 H Educ

1026 AA Jud & Rules 219 PUBLIC RECORDS ...... 298 310 LAW (Senate Amendments - See Senate Journal)

1029 Jud & Rules 58 CORRECTIONS BOARD ...... 111 123 LAW

1030 Jud & Rules 58 BOARD OF CORRECTION ...... 111 123 LAW

1031 Jud & Rules 58 DEPARTMENT OF CORRECTION ...... 111 123 LAW

1041 State Affairs 83 STATE LOTTERY ...... 234 249 LAW

1042 State Affairs 95 CODIFIER CORRECTIONS ...... 233 249 LAW

1043 Jud & Rules 87 DOMESTIC RELATIONS ...... 235 249 LAW

1044 AA Jud & Rules 108 UNIFORM PROBATE CODE ...... 163 173 LAW (Senate Amendments - See Senate Journal)

1045 Jud & Rules 83 TRUSTS - FIDUCIARIES ...... 120 138 LAW

1048 Jud & Rules 55 STATE APPELLATE PUBLIC DEFENDER ...... 78 88 LAW 340 BILL INDEX House Journal 2011

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

1049 Health & W 126 PUBLIC ASSISTANCE LAW - FOOD STAMPS ...... 251 271 LAW

1050 Transportation 87 HIGHWAYS ...... 142 153 LAW

1052 LG & Tax 69 USE TAX - MILITARY PERSONNEL ...... 102 117 LAW

1053 AA LG & Tax 108 PROPERTY TAXATION ...... - 273 H Gen Ord (Senate Amendments - See Senate Journal)

1055 Ag Affairs 87 AGRICULTURE DEPARTMENT ...... 179 196 LAW

1056 Jud & Rules 83 UNIFORM ADULT GUARDIANSHIP AND PROTECTIVE PROCEEDINGS JURISDICTION ACT ...... 120 138 LAW

1057 AA Jud & Rules 108 CONTROL OF VENEREAL DISEASES ...... 164 173 LAW (Senate Amendments - See Senate Journal)

1058 Health & W 101 BOARD OF ENVIRONMENTAL QUALITY ...... 136 148 LAW

1059 Transportation 101 AERONAUTICS PROGRAM ...... 158 170 LAW

1060 Transportation 87 INTERMODAL COMMERCE AUTHORITIES ...... 119 138 LAW

1061 Transportation 101 MOTOR VEHICLES - DEFINITIONS ...... 161 173 LAW

1062 Transportation 101 MOTOR VEHICLE REGISTRATION - DEALERS AND SALESMEN LICENSING ...... 161 173 LAW

1063 Jud & Rules 126 CORRECTION BOARD ...... 165 173 LAW

1066 Education 126 SCHOOL DISCONTINUATION ...... 193 211 LAW

1067 Jud & Rules 198 DNA DATABASE ACT OF 1996 ...... 245 262 LAW

1070 AA State Affairs 190 HOMICIDE ...... 252 271 LAW (Senate Amendments - See Senate Journal)

1071 AA State Affairs 167 POW/MIA FLAG ...... 234 249 LAW (Senate Amendments - See Senate Journal)

1073 Transportation 109 LICENSE PLATES - VETERANS ...... 161 173 LAW

1074 Health & W 156 BLOOD DONATIONS ...... 193 211 LAW

1075 AA State Affairs 167 ELECTED OFFICIALS ...... 298 310 LAW (Senate Amendments - See Senate Journal)

1076 Health & W 160 AGING COMMISSION ...... 235 249 LAW

1077 AAH Res & Cons 126 DRAINAGE DISTRICTS ...... 234 301 LAW (House Amendments - p. 199)

1079 LG & Tax 108 INCOME TAX - EXTENSION OF TIME ...... 151 166 LAW

1080 AA Health & W 171 EARLY CHILDHOOD AND EARLY INTERVENTION SERVICES ...... 270 270 H FAILED (Senate Amendments - See Senate Journal)

1081 Health & W 145 IDAHO STATE SCHOOL AND HOSPITAL ...... 192 211 LAW

1082 Health & W 145 IDAHO STATE SCHOOL AND HOSPITAL ...... 192 211 LAW House Journal 2011 BILL INDEX 341

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

1083 Health & W 145 VITAL STATISTICS ...... 193 193 H FAILED

1085 AAH Ag Affairs 226 DOMESTIC CERVIDAE ...... - 309 H 3rd Rdgaa (House Amendments - p. 265)

1087 Com & HR 126 TITLE INSURANCE ...... 252 271 LAW

1088 Com & HR 171 MOTOR VEHICLES - TOWING AND STORAGE ...... AA,AAH 298 310 LAW (Senate Amendments - See Senate Journal) (House Amendments - p. 258)

1089 AA Com & HR 175 VEHICLE TITLES ...... 235 249 LAW (Senate Amendments - See Senate Journal)

1090 Com & HR 126 LIFE AND HEALTH INSURANCE GUARANTY ASSOCIATION ACT ...... 252 271 LAW

1094 Transportation 145 PURCHASING BY POLITICAL SUBDIVISIONS ...... 308 318 LAW

1096 Jud & Rules 149 ELECTRONIC RECORDING COMMISSION ...... 194 211 LAW

1097 Jud & Rules 126 JUDGMENT ...... 168 177 LAW

1098 Health & W 156 NURSES ...... - 156 H Com/HuRes

1100 Health & W 167 IMMUNIZATIONS ...... 277 287 LAW

1101 Health & W 167 DAYCARE FACILITIES - IMMUNIZATION ...... 201 216 LAW

1102 Health & W 150 WHOLESALE DRUG DISTRIBUTION ACT ...... 233 249 LAW

1103 Health & W 150 CHILD SUPPORT ...... 201 216 LAW

1105 AA Education 175 STUDENT HARASSMENT ...... - 309 H 3rd Rdg (Senate Amendments - See Senate Journal)

1107 Education 156 COMMUNITY COLLEGE DISTRICT TRUSTEES - ELECTIONS ...... 234 249 LAW

1108 Education 133 EDUCATION ...... 171 181 LAW

1110 Education 133 EDUCATION ...... 175 188 LAW

1111 AAH Education 149 EDUCATION ...... 309 309 H FAILED (House Amendments - p. 265)

1114 State Affairs 150 WINE ...... 215 225 LAW

1115 State Affairs 150 ABORTION - INSURANCE CONTRACT ...... 233 249 LAW

1116 Jud & Rules 156 MOTOR VEHICLES ...... 194 211 LAW

1117 Jud & Rules 119 STATE APPELLATE PUBLIC DEFENDER ...... 168 177 LAW

1118 Jud & Rules 156 COUNTY COMMISSIONERS ...... 201 216 LAW

1120 Jud & Rules 156 UNIFORM PROBATE CODE ...... 294 301 LAW

1121 Jud & Rules 156 INTESTATE SUCCESSION ...... 201 216 LAW 342 BILL INDEX House Journal 2011

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

1122 Jud & Rules 149 GRANDPARENT VISITATION ...... - 184 H Jud

1123 AA State Affairs 171 REAL ESTATE TRANSFER FEES ...... 202 216 LAW (Senate Amendments - See Senate Journal)

1127 State Affairs 167 REAL ESTATE LICENSE LAW ...... 202 216 LAW

1129 State Affairs 190 LOCAL GOVERNMENT INVESTMENT POOL ...... 253 271 LAW

1130 State Affairs 190 BOND BANK AUTHORITY ...... 253 271 LAW

1132 Jud & Rules 190 TORT CLAIM LAW ...... 251 271 LAW

1133 AA State Affairs 244 HORSE RACING ...... 298 310 LAW (Senate Amendments - See Senate Journal)

1137 Jud & Rules 207 OPTOMETRISTS ...... 295 310 LAW

1138 Jud & Rules 207 CHIROPRACTIC PHYSICIANS BOARD ...... 295 310 LAW

1139 Jud & Rules 190 SECURITY FOR COMPENSATION ...... 251 271 LAW

1140 Finance 190 APPROPRIATIONS - PUBLIC UTILITIES COMMISSION ...... 215 225 LAW

1141 Finance 190 APPROPRIATIONS - ATTORNEY GENERAL ...... 215 225 LAW

1142 Finance 190 APPROPRIATIONS - STATE APPELLATE PUBLIC DEFENDER ...... 222 238 LAW

1143 AA State Affairs 226 DOGS ...... - 272 H Gen Ord (Senate Amendments - See Senate Journal)

1144 State Affairs 232 ANIMALS ...... 297 310 LAW

1145 State Affairs 226 COTTAGE SITE LEASES ...... - 226 H St Aff

1147 State Affairs 219 EMPLOYMENT ...... 252 271 LAW

1149 State Affairs 232 PUBLIC CHARTER SCHOOLS ...... 295 310 LAW

1150 Finance 190 APPROPRIATIONS - ENDOWMENT FUND INVESTMENT BOARD ...... 232 249 LAW

1151 Finance 190 APPROPRIATIONS - HUMAN RESOURCES ...... 232 249 LAW

1152 Finance 190 APPROPRIATIONS - SOIL AND WATER CONSERVATION COMMISSION ...... 232 249 LAW

1153 Finance 190 APPROPRIATIONS - LAVA HOT SPRINGS ...... 233 249 LAW

1154 AA Jud & Rules 251 SEXUAL OFFENDER REGISTRATION NOTIFICATION AND COMMUNITY RIGHT-TO-KNOW ACT ...... 277 287 LAW (Senate Amendments - See Senate Journal)

1156 State Affairs 244 TELECOMMUNICATIONS ACT ...... 308 318 LAW

1157 Finance 213 APPROPRIATIONS - STATE CONTROLLER ...... 235 249 LAW

1158 Finance 213 APPROPRIATIONS - DEPARTMENT OF INSURANCE .... - 244 H Approp House Journal 2011 BILL INDEX 343

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

1160 Finance 217 APPROPRIATIONS - LIBRARIES COMMISSION ...... 245 262 LAW

1161 Finance 217 APPROPRIATIONS - BLIND AND VISUALLY IMPAIRED COMMISSION ...... 245 262 LAW

1162 Finance 217 APPROPRIATIONS - HISTORICAL SOCIETY ...... 245 262 LAW

1163 Finance 217 APPROPRIATIONS - BUILDING SAFETY DIVISION ..... 245 262 LAW

1164 Finance 232 APPROPRIATIONS - PUBLIC BROADCASTING SYSTEM, EDUCATIONAL ...... 252 271 LAW

1165 State Affairs 239 ABORTION ...... 296 310 LAW

1166 AA State Affairs 258 WORKER'S COMPENSATION ...... - 258 H Com/HuRes (Senate Amendments - See Senate Journal)

1167 Finance 239 APPROPRIATIONS - OFFICE OF THE STATE BOARD OF EDUCATION ...... 253 271 LAW

1168 Finance 239 APPROPRIATIONS - PROFESSIONAL-TECHNICAL EDUCATIONAL DIVISION ...... 253 271 LAW

1169 Finance 239 APPROPRIATIONS - EDUCATION BOARD, AGRICULTURAL RESEARCH ...... 253 271 LAW

1170 Finance 239 APPROPRIATIONS - LIEUTENANT GOVERNOR ...... 254 271 LAW

1171 Finance 239 APPROPRIATIONS - DEPARTMENT OF COMMERCE .... 254 271 LAW

1172 Finance 239 APPROPRIATIONS - FINANCIAL MANAGEMENT DIVISION ...... 254 271 LAW

1173 Finance 239 APPROPRIATIONS - PUBLIC INSTRUCTION SUPERINTENDENT ...... 254 271 LAW

1174 Finance 239 APPROPRIATIONS - HISPANIC AFFAIRS COMMISSION ...... 254 271 LAW

1175 Finance 239 APPROPRIATIONS - ARTS COMMISSION ...... 255 271 LAW

1176 Finance 239 APPROPRIATION - AGING COMMISSION ...... 255 271 LAW

1179 Jud & Rules 251 SPECIAL LICENSE PLATES ...... 299 299 H FAILED

1180 Finance 244 APPROPRIATIONS - EDUCATION BOARD, COMMUNITY COLLEGE SUPPORT ...... 273 287 LAW

1181 Finance 244 APPROPRIATIONS - EDUCATION BOARD, COLLEGE AND UNIVERSITIES ...... 277 287 LAW

1182 Finance 244 APPROPRIATIONS - STATE LIQUOR DIVISION ...... 277 287 LAW

1183 Finance 244 APPROPRIATIONS - STATE BOARD OF EDUCATION, SPECIAL PROGRAMS ...... 277 287 LAW

1184 State Affairs 244 EDUCATION ...... 280 288 LAW

1185 AA State Affairs 272 WORKER'S COMPENSATION LAW ...... - 272 H Com/HuRes (Senate Amendments - See Senate Journal) 344 BILL INDEX House Journal 2011

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

1186 State Affairs 258 WORKER'S COMPENSATION ...... 308 318 LAW

1187 State Affairs 264 ALCOHOLIC BEVERAGES ...... 293 301 LAW

1189 Finance 272 APPROPRIATIONS - VOCATIONAL REHABILITATION ...... 284 301 LAW

1190 Finance 272 APPROPRIATIONS - SECRETARY OF STATE ...... 284 301 LAW

1193 State Affairs 280 CHILD SUPPORT ...... 312 319 LAW

1195 Finance 280 APPROPRIATIONS - PUBLIC HEALTH DISTRICTS ...... 285 301 LAW

1196 Finance 280 APPROPRIATIONS - OFFICE OF DRUG POLICY ...... 286 301 LAW

1197 State Affairs 272 TAXIDERMISTS AND FUR BUYERS ...... 292 301 LAW

1198 State Affairs 272 PRIMARY ELECTIONS ...... - 272 H St Aff

1199 State Affairs 272 COOPERATIVE MARKETING ASSOCIATIONS ...... 293 301 LAW

1200 Finance 283 APPROPRIATIONS - SUPREME COURT ...... 292 301 LAW

1201 Finance 283 APPROPRIATIONS - TRANSFERS TO/FROM GENERAL FUND ...... 292 301 LAW

1202 Finance 289 APPROPRIATIONS - SECRETARY OF STATE ...... 306 318 LAW

1203 Finance 287 APPROPRIATIONS - PUBLIC WORKS DIVISION, PERMANENT BUILDING FUND ...... 294 301 LAW

1204 Finance 287 APPROPRIATIONS - HEALTH EDUCATION PROGRAMS - STATE BOARD OF EDUCATION ...... 294 301 LAW

1205 Finance 303 APPROPRIATIONS - MILLENNIUM FUND ...... 313 319 LAW

1206 Finance 303 APPROPRIATIONS - PUBLIC SCHOOLS ...... 314 319 LAW

1207 Finance 303 APPROPRIATIONS - MAINTENANCE OF EFFORT FOR EDUCATION ...... 314 319 LAW

1208 State Affairs 303 YOUTH CHALLENGE PROGRAM ...... 317 319 LAW House Journal 2011 BILL INDEX 345

Senate Intro- Final Final Concurrent Introduced duction Vote Action Final Resolution By: Page Bill Description Page Page Disposition

101 Ag Affairs 182 AQUATIC NUISANCE SPECIES ...... 311 319 ADOPTED

102 State Affairs 97 RULES ...... - 97 H St Aff

103 Ag Affairs 97 YEAR OF IDAHO FOOD ...... 179 196 ADOPTED

104 State Affairs 113 CLEARWATER COUNTY ...... 309 318 ADOPTED

105 State Affairs 113 WILD LANDS ...... 308 318 ADOPTED

106 State Affairs 141 LEWIS COUNTY CENTENNIAL ...... 311 319 ADOPTED

107 State Affairs 145 FEE RULES ...... 312 319 ADOPTED

108 State Affairs 167 ADMINISTRATIVE RULES - TEMPORARY ...... 311 319 ADOPTED

109 State Affairs 257 USS BOISE - COMMENDED ...... 307 318 ADOPTED

Senate Intro- Final Final Joint Introduced duction Vote Action Final Memorial By: Page Bill Description Page Page Disposition

101 Res & Cons 97 SECURE RURAL SCHOOLS AND COMMUNITY SELF-DETERMINATION REAUTHORIZATION ACT ...... 165 173 ADOPTED

102 State Affairs 154 MADISON AMENDMENT ...... - 309 H 3rd Rdg 346 LAW INDEX House Journal 2011

HOUSE BILLS WHICH BECAME LAW

House Signed by Session Laws Bill No. Introduced by Governor Effective Date(s) Chapter No.

2 Health and Welfare 03/25/2011 03/25/11 133

3 Health and Welfare 03/25/2011 07/01/2011 134

4 Health and Welfare 03/25/2011 07/01/2011 135

5 Health and Welfare 04/08/2011 07/01/2011 263

7 Revenue and Taxation 02/15/2011 07/01/2011 2

8 Revenue and Taxation 02/15/2011 01/01/11 3

10 Revenue and Taxation 02/15/2011 07/01/2011 4

11 Revenue and Taxation 02/18/2011 07/01/2011 5

12 Revenue and Taxation 02/18/2011 07/01/2011 6

13 Revenue and Taxation 02/23/2011 01/01/10 10

17 Transportation and Defense law w/o sign. 01/30/12 60

20 Education 03/08/2011 03/08/11 39

21 Education 03/08/2011 07/01/2011 40

22 Resources and Conservation 04/05/2011 07/01/2011 210

24 Resources and Conservation 04/05/2011 07/01/2011 170

25 Resources and Conservation 04/05/2011 07/01/2011 171

27 Judiciary, Rules, and Administration 02/22/2011 07/01/2011 9

31 Resources and Conservation 04/05/2011 07/01/2011 172

34 State Affairs 02/23/2011 07/01/2011 12

38 Agricultural Affairs 03/11/2011 07/01/2011 50

39 Agricultural Affairs 04/05/2011 07/01/2011 173

40 Environment, Energy, and Technology 03/11/2011 07/01/2011 51

41 Environment, Energy, and Technology 03/08/2011 03/08/11 41

43 Transportation and Defense 03/11/2011 07/01/2011 52

44 Transportation and Defense 03/11/2011 07/01/2011 53

45 Transportation and Defense 02/25/2011 01/01/12 22

46 Health and Welfare 03/16/2011 07/01/2011 75

47 Health and Welfare 03/16/2011 07/01/2011 76

48 Health and Welfare 03/16/2011 07/01/2011 77

49 Health and Welfare 03/17/2011 07/01/2011 92 House Journal 2011 LAW INDEX 347

House Signed by Session Laws Bill No. Introduced by Governor Effective Date(s) Chapter No.

51 Education 03/08/2011 07/01/2011 49

52 Resources and Conservation 03/15/2011 07/01/2011 61

53 Resources and Conservation 03/15/2011 07/01/2011 62

54 Resources and Conservation 03/15/2011 07/01/2011 63

56 Resources and Conservation 03/15/2011 07/01/2011 64

60 State Affairs 02/23/2011 01/01/11 11

61 Transportation and Defense 02/23/2011 05/01/11 15

62 Agricultural Affairs 03/16/2011 07/01/2011 78

63 Agricultural Affairs 03/16/2011 07/01/2011 79

64 Agricultural Affairs 03/16/2011 07/01/2011 80

65 Agricultural Affairs 03/17/2011 07/01/2011 93

67 Judiciary, Rules, and Administration 02/23/2011 07/01/2011 14

68 Judiciary, Rules, and Administration 02/23/2011 07/01/2011 13

70 Business 02/24/2011 07/01/2011 16

71 Business 02/25/2011 07/01/2011 24

72 Business 02/25/2011 07/01/2011 20

74 Business 02/25/2011 07/01/2011 23

76 Commerce and Human Resources 03/08/2011 07/01/2011 42

78 Education 03/16/2011 07/01/2011 81

79 Commerce and Human Resources 03/15/2011 07/01/11; 01/01/18 65 Sunset Clause - Subsection (4)

80 Commerce and Human Resources 03/16/2011 07/01/2011 82

81 Business 03/16/2011 07/01/2011 83

82 Business 03/16/2011 07/01/2011 84

83 Business 04/06/2011 07/01/2011 221

85 Resources and Conservation 03/22/2011 07/01/2011 109

87 State Affairs 03/11/2011 07/01/2011 59

88 State Affairs 04/05/2011 07/01/2011 174

89 State Affairs 02/25/2011 07/01/2011 19

90 State Affairs 02/25/2011 07/01/2011 21

91 AA,AA Transportation and Defense 04/14/2011 07/01/2011 326 348 LAW INDEX House Journal 2011

House Signed by Session Laws Bill No. Introduced by Governor Effective Date(s) Chapter No.

93 Environment, Energy, and Technology 03/08/2011 07/01/2011 38

94 Resources and Conservation 03/22/2011 07/01/2011 110

95 AA,AAS Local Government 04/13/2011 01/01/11 Idaho Code 317 section 50-2903(4) only; 07/01/11 All other provisions

100 Agricultural Affairs 03/11/2011 07/01/2011 54

101 Agricultural Affairs 03/11/2011 07/01/2011 55

102 Revenue and Taxation 02/11/2011 01/01/10 1

105 State Affairs 03/08/2011 07/01/10 Section 1; 43 07/01/09 Section 2

108 Commerce and Human Resources 03/22/2011 03/22/11 111

109 Commerce and Human Resources 03/22/2011 01/01/11 112

112 Local Government 03/11/2011 07/01/2011 56

113 Local Government 03/16/2011 07/01/2011 85

115 Local Government 03/22/2011 07/01/2011 120

119 Judiciary, Rules, and Administration 03/10/2011 03/10/11 46

121 Judiciary, Rules, and Administration 03/16/2011 03/16/11 86

122 Commerce and Human Resources 03/22/2011 07/01/2011 113

124 Revenue and Taxation 04/05/2011 07/01/2011 175

129 AAS Commerce and Human Resources 04/11/2011 07/01/2011 274

130 Business 03/22/2011 07/01/2011 121

131 Business 03/22/2011 07/01/2011 122

132 Business 03/25/2011 07/01/2011 136

135 Resources and Conservation 03/16/2011 07/01/2011 87

136 Resources and Conservation 04/05/2011 07/01/2011 176

137 AA,AAS Resources and Conservation 04/08/2011 07/01/2011 261

138 Resources and Conservation 04/05/2011 07/01/2011 177

139 Judiciary, Rules, and Administration 03/10/2011 03/10/11 47

140 AAS Judiciary, Rules, and Administration 04/05/2011 07/01/2011 178

142 AAS Resources and Conservation 03/22/2011 07/01/2011 114

143 Resources and Conservation 03/16/2011 07/01/2011 88

144 Appropriations law w/o sign. 07/01/2011 68 House Journal 2011 LAW INDEX 349

House Signed by Session Laws Bill No. Introduced by Governor Effective Date(s) Chapter No.

145 AA Transportation and Defense 04/05/2011 07/01/2011 158

147 AAS Transportation and Defense 04/05/2011 07/01/2011 179

148 Local Government 03/16/2011 07/01/2011 89

150 AA Agricultural Affairs 04/05/2011 04/05/11 180

151 Agricultural Affairs 04/05/2011 07/01/2011 181

152 Agricultural Affairs 03/22/2011 07/01/2011 115

153 Environment, Energy, and Technology 03/22/2011 03/22/11 116

154 Commerce and Human Resources 03/22/2011 07/01/2011 117

155 Resources and Conservation 03/11/2011 07/01/2011 57

157 Education 03/16/2011 07/01/2011 90

158 Education 03/22/2011 07/01/2011 118

159 Education 04/06/2011 07/01/2011 222

160 Transportation and Defense 03/23/2011 07/01/2011 124

163 Health and Welfare 04/06/2011 04/06/11 223

164 Health and Welfare 03/22/2011 07/01/2011 123

165 Health and Welfare 04/05/2011 07/01/2011 182

167 Education 03/16/2011 07/01/2011 91

174 State Affairs 03/25/2011 07/01/2011 137

175 State Affairs 04/11/2011 07/01/2011 275

178 Revenue and Taxation 03/25/2011 07/01/2011 129

179 Revenue and Taxation 04/05/2011 07/21/11 Section 5; 183 07/01/11 All other sections

181 AA Business 04/06/2011 07/01/2011 224

183 AAS State Affairs 04/05/2011 07/01/2011 184

187 State Affairs 04/06/2011 07/01/2011 225

191 State Affairs 04/11/2011 07/01/2011 276

193 AA,AAS State Affairs 04/11/2011 04/11/11 277

194 State Affairs 04/06/2011 07/01/2011 226

195 AAS State Affairs 04/14/2011 07/01/2011 327

201 Education 04/08/2011 07/01/2011 246

203 Appropriations 03/22/2011 03/22/11 119 350 LAW INDEX House Journal 2011

House Signed by Session Laws Bill No. Introduced by Governor Effective Date(s) Chapter No.

204 Education 04/05/2011 07/01/2011 159

205 AAS Education 04/08/2011 10/01/12 260

206 State Affairs 04/06/2011 04/06/11 227

207 AA State Affairs 04/06/2011 07/01/2011 228

210 Ways and Means 04/06/2011 07/01/2011 229

213 Revenue and Taxation 04/06/2011 01/01/11 230

214 Revenue and Taxation 04/11/2011 01/01/11 278

217 Revenue and Taxation 04/05/2011 07/01/2011 185

218 Health and Welfare 04/08/2011 07/01/2011 264

224 State Affairs 04/11/2011 07/01/2011 279

225 State Affairs 04/05/2011 07/01/2011 186

226 State Affairs 04/05/2011 07/01/2011 187

227 AA State Affairs 04/08/2011 01/01/12 265

228 Ways and Means 04/14/2011 07/01/2011 328

230 Ways and Means 04/11/2011 07/01/2011 280

231 AA Ways and Means 04/11/2011 07/01/2011 281

232 Ways and Means 04/11/2011 07/01/2011 282

233 State Affairs 04/11/2011 04/11/11 283

234 State Affairs 04/08/2011 07/01/2011 266

235 State Affairs 04/05/2011 07/01/2011 188

236 Revenue and Taxation 04/05/2011 07/01/2011 189

237 Appropriations 03/25/2011 07/01/2011 138

238 Appropriations 03/25/2011 07/01/2011 139

239 Revenue and Taxation 04/08/2011 04/08/11 245

240 Revenue and Taxation 04/08/2011 07/01/2011 267

244 Appropriations 04/01/2011 04/01/11 Sections 1 155 & 2; 07/01/11 All other sections

245 Appropriations 04/01/2011 07/01/2011 156

248 Appropriations 04/05/2011 04/05/11 Section 1; 160 07/01/11 All other sections

249 Appropriations 04/01/2011 07/01/2011 157 House Journal 2011 LAW INDEX 351

House Signed by Session Laws Bill No. Introduced by Governor Effective Date(s) Chapter No.

251 Appropriations 04/05/2011 04/05/11 Section 1; 161 07/01/11 All other sections

252 Appropriations 04/05/2011 04/05/11 Section 1; 162 07/01/11 All other sections

253 Appropriations 04/06/2011 04/06/11 Section 1; 231 07/01/11 All other sections

254 Appropriations 04/05/2011 04/05/11 Section 1; 163 07/01/11 All other sections

257 Ways and Means 04/08/2011 07/01/2011 268

258 Appropriations 04/05/2011 04/05/11 Section 1; 190 07/01/11 All other sections

259 Appropriations 04/05/2011 07/01/2011 191

260 Ways and Means 04/05/2011 07/01/12 Sections 164 22 & 23; 07/01/11 All other sections; 07/01/12 Sunset Clause - Section 24

262 Ways and Means 04/08/2011 07/01/2011 269

264 State Affairs 04/11/2011 07/01/2011 284

269 Ways and Means 04/06/2011 04/06/11 232

270 Ways and Means 04/06/2011 07/01/2011 233

272 Ways and Means 04/07/2011 04/07/11 243

275 AA State Affairs 04/11/2011 04/11/11 285

276 Appropriations 04/05/2011 04/05/11 Sections 1 192 & 2; 07/01/11 All other sections

280 Ways and Means 04/08/2011 07/01/2011 270

283 Ways and Means 04/08/2011 07/01/2011 259

284 Appropriations 04/06/2011 07/01/2011 234

285 Appropriations 04/05/2011 04/05/11 165

286 Appropriations 04/11/2011 07/01/2011 286

287 Appropriations 04/06/2011 07/01/2011 235

288 Appropriations 04/06/2011 07/01/2011 236

289 Appropriations 04/11/2011 07/01/2011 287 352 LAW INDEX House Journal 2011

House Signed by Session Laws Bill No. Introduced by Governor Effective Date(s) Chapter No.

290 Appropriations 04/06/2011 07/01/2011 237

291 Appropriations 04/06/2011 04/06/11 Sections 1 238 & 2; 07/01/11 All other sections

292 Appropriations 04/06/2011 07/01/2011 239

293 Appropriations 04/06/2011 07/01/2011 240

294 Appropriations 04/06/2011 04/06/11 Section 1; 241 07/01/11 All other sections

296 Revenue and Taxation 04/08/2011 01/01/10 271

297 AAS Revenue and Taxation 04/13/2011 01/01/11; 01/01/14 318 Sunset Clause - Sections 1 & 3

299 Ways and Means 04/08/2011 07/01/2011 258

301 Appropriations 04/11/2011 07/01/2011 288

304 Appropriations 04/11/2011 07/01/2011 289

305 Appropriations 04/11/2011 07/01/2011 290

306 Appropriations 04/08/2011 04/08/11 Section 5; 272 07/01/11 All other sections

309 Appropriations 04/08/2011 07/01/2011 273

310 AAS Ways and Means 04/11/2011 07/01/2011 291

315 Education law w/o sign. 07/01/2011 335

318 Ways and Means 04/11/2011 07/01/2011 325

323 Appropriations 04/11/2011 04/11/11 Section 1; 292 07/01/11 All other sections

324 Appropriations 04/08/2011 07/01/2011 262

325 Appropriations 04/08/2011 07/01/2011 257

326 State Affairs 04/14/2011 04/14/11 329

328 Ways and Means 04/07/2011 04/07/11 for all 242 current, ongoing or future requests

329 Appropriations 04/11/2011 04/11/11 Sections 1 293 & 2; 07/01/11 All other sections

330 Appropriations 04/11/2011 04/11/11 Section 1; 294 07/01/11 All other sections House Journal 2011 LAW INDEX 353

House Signed by Session Laws Bill No. Introduced by Governor Effective Date(s) Chapter No.

331 Business 04/13/2011 09/01/11 323

335 Education 04/11/2011 04/11/11 295

336 Education 04/11/2011 04/11/11 296

338 Appropriations 04/11/2011 07/01/2011 297

341 Appropriations 04/11/2011 04/11/11 Sections 1, 298 2 & 3; 07/01/11 All other sections

343 Ways and Means 04/19/2011 04/19/11 334

344 Education 04/11/2011 04/11/11 Sections 2, 299 3 & 4; 07/01/11 All other sections

345 Education 04/11/2011 04/11/11 300

351 State Affairs 04/13/2011 07/01/2011 319 354 VETO INDEX House Journal 2011

GOVERNOR'S VETO AND LINE ITEM VETO MESSAGES

Governor's Bill Introduced Message No. by: Bill Description Page

H 298 Ways and Means HEALTH CARE LAW - Amends and adds to existing law relating to health care law to revise provisions relating to a statement of public policy relating to health care services; to provide that certain provisions of certain public laws shall not be enforced by the state of Idaho; to provide provisions that certain entities shall not act to implement certain provisions of certain public laws and to provide for an Executive Order...... 320