Please be advised that this is an electronic - State of Idaho

Please be advised that this is an electronic - State of Idaho

Please be advised that this is an electronic reproduction of Legislative proceedings and does not represent the official record of floor actions that ...

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Please be advised that this is an electronic reproduction of Legislative proceedings and does not represent the official record of floor actions that are contained in the House and Senate Final Journals. This media is intended for personal, educational or research purposes only and should not be used for commercial or political purposes.

[February 13, 2013

1

SENATE JOURNAL

SENATE JOURNAL

February 12, 2013

IDAHO LEGISLATURE

The COMMERCE AND HUMAN RESOURCES Committee reports it has had under consideration the Gubernatorial appointments listed below and the Committee recommends that said appointments be confirmed by the Senate:

FIRST REGULAR SESSION SIXTY-SECOND LEGISLATURE

Jody Olson to the Public Employee Retirement System of Idaho, term to expire July 1, 2017.

OF THE

Steve Landon to the State Insurance Fund Board, term to expire April 30, 2016. TIPPETS, Chairman THIRTY-EIGHTH LEGISLATIVE DAY WEDNESDAY, FEBRUARY 13, 2013

The Gubernatorial appointments were referred to the Tenth Order of Business, Motions and Resolutions, and ordered held at the Secretary's desk for one legislative day.

Senate Chamber President Little called the Senate to order at 11 a.m. Roll call showed all members present except Senators Martin, Pearce, and Rice, absent and formally excused by the Chair; and Senators Cameron, Durst, Keough, and Werk, absent and excused.

February 12, 2013 The COMMERCE AND HUMAN RESOURCES Committee reports out S 1031 with the recommendation that it do pass. TIPPETS, Chairman S 1031 was filed for second reading.

Prayer was offered by Chaplain James R. Wibberding. The Pledge of Allegiance was led by Austin Petellin, Page. The Senate advanced to the Third Order of Business. Reading and Correction of the Journal The JUDICIARY AND RULES Committee reports that the Senate Journal of the proceedings of February 12, 2013, was read and approved as corrected. LODGE, Chairman There being no objection, the report was adopted and ordered filed in the office of the Secretary of the Senate. Senator Keough was recorded present at this order of business. On request by Senator Davis, granted by unanimous consent, the Senate advanced to the Sixth Order of Business.

February 12, 2013 The LOCAL GOVERNMENT AND TAXATION Committee reports it has had under consideration the Gubernatorial appointment listed below and the Committee recommends that said appointment be confirmed by the Senate: Ken Roberts to the State Tax Commission, term to expire April 1, 2013. SIDDOWAY, Chairman The Gubernatorial appointment was referred to the Tenth Order of Business, Motions and Resolutions, and ordered held at the Secretary's desk for one legislative day. February 12, 2013 The LOCAL GOVERNMENT AND TAXATION Committee reports out H 87 with the recommendation that it do pass. SIDDOWAY, Chairman H 87 was filed for second reading. February 12, 2013

Reports of Standing Committees February 12, 2013 The JUDICIARY AND RULES Committee reports it has had under consideration the Gubernatorial appointment listed below and the Committee recommends that said appointment be confirmed by the Senate: David A. McClusky to the State Board of Correction, term to expire January 1, 2019. LODGE, Chairman The Gubernatorial appointment was referred to the Tenth Order of Business, Motions and Resolutions, and ordered held at the Secretary's desk for one legislative day.

The TRANSPORTATION Committee reports out H 39, H 41, H 85, and S 1050 with the recommendation that they do pass. BRACKETT, Chairman H 39, H 41, H 85, and S 1050 were filed for second reading. Senator Werk was recorded present at this order of business. February 13, 2013 The HEALTH AND WELFARE Committee reports out H 32, H 33, H 35, and H 36 with the recommendation that they do pass. HEIDER, Chairman H 32, H 33, H 35, and H 36 were filed for second reading.

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February 13, 2013]

SENATE JOURNAL February 12, 2013

The EDUCATION Committee reports out S 1028 with the recommendation that it do pass. GOEDDE, Chairman S 1028 was filed for second reading. February 12, 2013 The FINANCE Committee reports out S 1076 and S 1077 with the recommendation that they do pass. CAMERON, Chairman S 1076 and S 1077 were filed for second reading.

Done at Boise, the Capital of Idaho, this Fifth day of February, in the year of our Lord two thousand and thirteen and of the Independence of the United States of America, the two hundred and thirty-seventh year. /s/ BY THE GOVERNOR C.L. "BUTCH" OTTER /s/ SECRETARY OF STATE BEN T. YSURSA The correspondence and Certificate of Appointment were ordered filed in the office of the Secretary of the Senate. The President announced that the Oath of Office had been administered previously to Acting Senator Kenyon, and he was recorded present at this order of business.

February 13, 2013 The STATE AFFAIRS Committee reports out HCR 2 with the recommendation that it do pass. MCKENZIE, Chairman HCR 2 was referred to the Tenth Order of Business, Motions and Resolutions, and ordered held at the Secretary's desk for one legislative day. On request by Senator Davis, granted by unanimous consent, the Senate advanced to the Eighth Order of Business. Messages from the Governor February 5, 2013 The Honorable Brad Little President of the Senate Idaho Legislature

February 12, 2013 The Honorable Brad Little President of the Senate Idaho Legislature Dear Mr. President: I have the honor to inform you that Terry Gestrin of Donnelly, Idaho, was appointed as a member of the State Insurance Fund Board to serve a term commencing April 30, 2012, and expiring December 1, 2014. This appointment was made subject to confirmation by the Senate. Notice of appointment is hereby given. As Always - Idaho, Esto Perpetua /s/ C.L. "Butch" Otter Governor The correspondence was ordered filed in the office of the Secretary of the Senate.

Dear Mr. President: I have the honor to inform you that I have appointed Quane Kenyon of Boise, Idaho, to be Acting State Senator for Legislative District 15, Ada, State of Idaho. This appointment is effective Wednesday, February 13, 2013 through Friday, February 15, 2013. As Always - Idaho, Esto Perpetua /s/ C.L. "Butch" Otter Governor THE OFFICE OF THE GOVERNOR EXECUTIVE DEPARTMENT BOISE, IDAHO CERTIFICATE OF APPOINTMENT KNOW ALL MEN, by these Presents, that pursuant to the provisions of Section 59-917, Idaho Code, Fred S. Martin, State Senator, District 15, Ada, State of Idaho, has nominated Quane Kenyon of Boise, Idaho, to perform the duties of this office temporarily as Acting State Senator, District 15, Ada. NOW, THEREFORE, I, C.L. "Butch" Otter, Governor of the State of Idaho, by virtue of the authority vested in me do hereby appoint Quane Kenyon to the office of State Senator, District 15, Ada, State of Idaho, for a term commencing on February 13, 2013, and continuing until such time as Senator Martin is able to resume his duties. IN TESTIMONY WHEREOF, I have hereunto set my hand and caused to be affixed the Great Seal of the State of Idaho.

The Gubernatorial appointment was referred to the Commerce and Human Resources Committee. The Senate advanced to the Ninth Order of Business. Messages from the House February 12, 2013 Dear Mr. President: I transmit herewith H 62, HCR 3, and H 115, which have passed the House. ALEXANDER, Chief Clerk H 62, HCR 3, and H 115 were filed for first reading. February 12, 2013 Dear Mr. President: I transmit herewith Enrolled H 5 and H 16 for the signature of the President. ALEXANDER, Chief Clerk The President signed Enrolled H 5 and H 16 and ordered them returned to the House.

[February 13, 2013

SENATE JOURNAL February 12, 2013

3

The Senate advanced to the Eleventh Order of Business.

Dear Mr. President: I return herewith Enrolled SCR 101, which has been signed by the Speaker.

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

ALEXANDER, Chief Clerk Enrolled SCR 101 was referred to the Judiciary and Rules Committee for transmittal to the Office of the Secretary of State. The Senate advanced to the Tenth Order of Business.

S 1101 BY FINANCE COMMITTEE AN ACT APPROPRIATING ADDITIONAL MONEYS TO THE DEPARTMENT OF PARKS AND RECREATION FOR FISCAL YEAR 2013; AND DECLARING AN EMERGENCY.

Motions and Resolutions Senator Durst was recorded present at this order of business. The President announced that the State Affairs Committee report relative to the Gubernatorial appointment of James C. Hammond was before the Senate for final consideration, the question being, "Shall the report be adopted?" On motion by Senator Lodge, seconded by Senator Buckner-Webb, the Gubernatorial appointment of James C. Hammond as a member of the Idaho State Racing Commission was confirmed by voice vote. The President declared the report adopted and directed the Secretary of the Senate to prepare a letter of the Gubernatorial appointment confirmation for his signature, attested to by the Secretary, to be transmitted to the Governor informing him of the action of the Senate. The President announced that the State Affairs Committee report relative to the Gubernatorial appointment of Mark William Lliteras was before the Senate for final consideration, the question being, "Shall the report be adopted?" On motion by Senator Bayer, seconded by Senator Buckner-Webb, the Gubernatorial appointment of Mark William Lliteras as a member of the Idaho Energy Resources Authority was confirmed by voice vote. The President declared the report adopted and directed the Secretary of the Senate to prepare a letter of the Gubernatorial appointment confirmation for his signature, attested to by the Secretary, to be transmitted to the Governor informing him of the action of the Senate. Senator Cameron was recorded present at this order of business. The President announced that the State Affairs Committee report relative to the Gubernatorial appointment of Melville W. Fisher II was before the Senate for final consideration, the question being, "Shall the report be adopted?" Pursuant to Senate Rule 39(H), Senator Winder disclosed a possible conflict of interest under applicable law. On motion by Senator McKenzie, seconded by Senator Buckner-Webb, the Gubernatorial appointment of Melville W. Fisher II as a member of the Idaho Lottery Commission was confirmed by voice vote. The President declared the report adopted and directed the Secretary of the Senate to prepare a letter of the Gubernatorial appointment confirmation for his signature, attested to by the Secretary, to be transmitted to the Governor informing him of the action of the Senate.

S 1102 BY FINANCE COMMITTEE AN ACT RELATING TO THE APPROPRIATION TO THE DEPARTMENT OF SELF-GOVERNING AGENCIES FOR REGULATORY BOARDS; AMENDING SECTION 1, CHAPTER 278, LAWS OF 2012, TO REVISE THE APPROPRIATION TO THE REGULATORY BOARDS FOR FISCAL YEAR 2013; AND DECLARING AN EMERGENCY. S 1103 BY FINANCE COMMITTEE AN ACT APPROPRIATING ADDITIONAL MONEYS TO THE STATE TAX COMMISSION FOR FISCAL YEAR 2013; AND DECLARING AN EMERGENCY. S 1104 BY FINANCE COMMITTEE AN ACT APPROPRIATING ADDITIONAL MONEYS TO THE DEPARTMENT OF FISH AND GAME FOR FISCAL YEAR 2013; AND DECLARING AN EMERGENCY. S 1105 BY STATE AFFAIRS COMMITTEE AN ACT RELATING TO THE LEGISLATIVE DEPARTMENT; REPEALING SECTION 67-2027, IDAHO CODE, RELATING TO THE STATE BOARD OF EXAMINERS PROVIDING FOR AN AUDIT; AND AMENDING CHAPTER 4, TITLE 67, IDAHO CODE, BY THE ADDITION OF A NEW SECTION 67-429D, IDAHO CODE, TO PROVIDE THAT THE LEGISLATIVE COUNCIL SHALL ENGAGE THE SERVICES OF A CERTIFIED PUBLIC ACCOUNTANT TO AUDIT THE FISCAL AFFAIRS OF THE LEGISLATIVE DEPARTMENT. S 1101, S 1102, S 1103, S 1104, and S 1105 were introduced, read the first time at length, and referred to the Judiciary and Rules Committee for printing. H 62, by Packer, was introduced, read the first time at length, and referred to the Local Government and Taxation Committee. HCR 3, by Education Committee, was introduced, read at length, and referred to the Education Committee. H 115, by Appropriations Committee, was introduced, read the first time at length, and referred to the Finance Committee. On request by Senator Davis, granted by unanimous consent, the Senate advanced to the Thirteenth Order of Business.

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SENATE JOURNAL Third Reading of Bills

S 1025 was read the third time at length, section by section, and placed before the Senate for final consideration. Senator McKenzie arose as sponsor of the bill and opened the debate. The question being, "Shall the bill pass?" Roll call resulted as follows: AYES–Bair, Bayer, Bock, Brackett, Buckner-Webb, Cameron, Durst, Fulcher, Goedde, Guthrie, Hagedorn, Heider, Johnson, Keough, Lacey, Lakey, Lodge, Kenyon (Martin), McKenzie, Nonini, Nuxoll, Schmidt, Siddoway, Stennett, Tippets, Vick, Werk, Winder. Total - 28.

February 13, 2013]

H 22 was read the third time at length, section by section, and placed before the Senate for final consideration. Senator Vick arose as sponsor of the bill and opened the debate. The question being, "Shall the bill pass?" Roll call resulted as follows: AYES–Bair, Bayer, Bock, Brackett, Buckner-Webb, Cameron, Davis, Durst, Fulcher, Goedde, Guthrie, Hagedorn, Heider, Hill, Johnson, Keough, Lacey, Lakey, Lodge, Kenyon (Martin), McKenzie, Mortimer, Nonini, Nuxoll, Schmidt, Siddoway, Stennett, Thayn, Tippets, Vick, Werk, Winder. Total - 32. NAYS–None.

NAYS–Davis, Hill, Mortimer, Thayn. Total - 4.

Absent and excused–Patrick, Pearce, Rice. Total - 3.

Absent and excused–Patrick, Pearce, Rice. Total - 3.

Total - 35.

Total - 35. Whereupon the President declared S 1025 passed, title was approved, and the bill ordered transmitted to the House. H 14 was read the third time at length, section by section, and placed before the Senate for final consideration. Senator Johnson arose as sponsor of the bill and opened the debate. The question being, "Shall the bill pass?" Roll call resulted as follows: AYES–Bair, Bayer, Bock, Brackett, Buckner-Webb, Cameron, Davis, Durst, Fulcher, Goedde, Guthrie, Hagedorn, Heider, Hill, Johnson, Keough, Lacey, Lakey, Lodge, Kenyon (Martin), McKenzie, Mortimer, Nonini, Nuxoll, Schmidt, Siddoway, Stennett, Thayn, Tippets, Vick, Werk, Winder. Total - 32. NAYS–None.

Whereupon the President declared H 22 passed, title was approved, and the bill ordered returned to the House. H 23 was read the third time at length, section by section, and placed before the Senate for final consideration. Senator Werk arose as sponsor of the bill and opened the debate. The question being, "Shall the bill pass?" Roll call resulted as follows: AYES–Bair, Bayer, Bock, Brackett, Buckner-Webb, Cameron, Davis, Durst, Fulcher, Goedde, Guthrie, Hagedorn, Heider, Hill, Johnson, Keough, Lacey, Lakey, Lodge, Kenyon (Martin), McKenzie, Mortimer, Nonini, Nuxoll, Schmidt, Siddoway, Stennett, Thayn, Tippets, Vick, Werk, Winder. Total - 32. NAYS–None. Absent and excused–Patrick, Pearce, Rice. Total - 3.

Absent and excused–Patrick, Pearce, Rice. Total - 3. Total - 35. Total - 35. Whereupon the President declared H 14 passed, title was approved, and the bill ordered returned to the House. H 15 was read the third time at length, section by section, and placed before the Senate for final consideration. Senator McKenzie arose as sponsor of the bill and opened the debate. The question being, "Shall the bill pass?" Roll call resulted as follows: AYES–Bair, Bayer, Bock, Brackett, Buckner-Webb, Cameron, Davis, Durst, Fulcher, Goedde, Guthrie, Hagedorn, Heider, Hill, Johnson, Keough, Lacey, Lakey, Lodge, Kenyon (Martin), McKenzie, Mortimer, Nonini, Nuxoll, Schmidt, Siddoway, Stennett, Thayn, Tippets, Vick, Werk, Winder. Total - 32.

Whereupon the President declared H 23 passed, title was approved, and the bill ordered returned to the House. S 1006, as amended, was read the third time at length, section by section, and placed before the Senate for final consideration. Senator Hagedorn arose as sponsor of the bill and opened the debate. The question being, "Shall the bill pass?" Roll call resulted as follows: AYES–Bair, Bayer, Bock, Brackett, Buckner-Webb, Cameron, Davis, Durst, Fulcher, Goedde, Guthrie, Hagedorn, Heider, Hill, Johnson, Keough, Lacey, Lakey, Lodge, Kenyon (Martin), McKenzie, Mortimer, Nuxoll, Patrick, Schmidt, Siddoway, Stennett, Thayn, Tippets, Werk, Winder. Total - 31. NAYS–Nonini, Vick. Total - 2.

NAYS–None.

Absent and excused–Pearce, Rice. Total - 2.

Absent and excused–Patrick, Pearce, Rice. Total - 3.

Total - 35.

Total - 35. Whereupon the President declared H 15 passed, title was approved, and the bill ordered returned to the House.

Whereupon the President declared S 1006, as amended, passed, title was approved, and the bill ordered transmitted to the House.

[February 13, 2013

SENATE JOURNAL

On request by Senator Davis, granted by unanimous consent, H 12, as amended in the Senate, retained its place on the Third Reading Calendar for Friday, February 15, 2013. H 37 was read the third time at length, section by section, and placed before the Senate for final consideration. Senator Heider arose as sponsor of the bill and opened the debate. The question being, "Shall the bill pass?" Roll call resulted as follows: AYES–Bair, Bayer, Bock, Brackett, Buckner-Webb, Cameron, Davis, Durst, Fulcher, Goedde, Guthrie, Hagedorn, Heider, Hill, Johnson, Keough, Lacey, Lakey, Lodge, Kenyon (Martin), McKenzie, Mortimer, Nonini, Nuxoll, Patrick, Schmidt, Siddoway, Stennett, Thayn, Tippets, Vick, Werk, Winder. Total - 33. NAYS–None. Absent and excused–Pearce, Rice. Total - 2. Total - 35. Whereupon the President declared H 37 passed, title was approved, and the bill ordered returned to the House. On request by Senator Davis, granted by unanimous consent, the Senate returned to the Tenth Order of Business. Motions and Resolutions On request by Senator Davis, granted by unanimous consent, the Senate went at ease and resolved itself into the Committee for the Lincoln Day Service. The Lincoln Day Program was presented to the members of the Senate with Co-chairman Senator Lakey providing opening remarks. The Prayer was offered by Albert Gay Call, Regional Coordinator of LDS Family Services. "God Bless America" was sung by Carissa Hodges and Katherine Duggan, seniors at Liberty Charter School, Nampa, Idaho. The Senate Pages offered their favorite Lincoln quotes and sang the "Battle Hymn of the Republic". Closing remarks were provided by Co-chairman Senator Lakey. He extended his gratitude to all who helped with the program and the Lincoln Day Service was dissolved. On request by Senator Davis, granted by unanimous consent, the Senate advanced to the Fifteenth Order of Business. Miscellaneous Business On motion by Senator Davis, seconded by Senator Stennett, by voice vote, the Senate adjourned at 12 noon until the hour of 10:30 a.m., Thursday, February 14, 2013. BRAD LITTLE, President Attest: JENNIFER NOVAK, Secretary

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