HOUSE JOURNAL TABLE OF CONTENTS FIFTY-SEVENTH IDAHO ...

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TABLE OF CONTENTS

FIFTY-SEVENTH IDAHO LEGISLATURE

SECOND REGULAR SESSION - 2004

Page

HOUSE OFFICERS AND ADMINISTRATION . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . iv

HOUSE MEMBERS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . v

HOUSE COMMITTEES . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . xii

SECOND REGULAR SESSION - 2004 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1

Alphabetical Index of the Subject Matter . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 317

Numerical Index with Description

House Bills . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 353

House Concurrent Resolutions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 406

House Joint Memorials . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 409

House Joint Resolutions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 411

House Resolutions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 413

Senate Bills Received by the House of Representatives . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 414

Senate Concurrent Resolutions Received by the House of Representatives . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 441

Senate Joint Memorials Received by the House of Representatives . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 443

House Bills Signed by the Governor . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 444

House Bills Vetoed by the Governor . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 454

House Attaches . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 455

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OFFICERS OF THE HOUSE OF REPRESENTATIVESFIFTY-SEVENTH LEGISLATURE


BRUCE NEWCOMB . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . BurleySpeaker of the House

LAWERENCE DENNEY . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . MidvaleMajority Leader

MIKE MOYLE . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . StarAssistant Majority Leader

JULIE ELLSWORTH . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . BoiseMajority Caucus Chairman

WENDY JAQUET . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . KetchumMinority Leader

DONNA BOE . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . PocatelloAssistant Minority Leader

MARGARET HENBEST . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . BoiseMinority Caucus Chairman

HOUSE ADMINISTRATION

PAMM JUKER . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Chief Clerk and Parliamentarian

VERNA M. GOEDDERTZ . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Assistant Chief Clerk

JEANNE LUDWIG . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Administrative Assistant to the Speaker

TERRI FRANKS-SMITH . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Fiscal Assistant to the Speaker

JUDITH K. CHRISTENSEN . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Sergeant at Arms

HELEN ROBINS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Docket Clerk

FORREST LUDWIG . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Journal Clerk

JANET HURD . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Journal Clerk

SUSAN FRIEDERS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Administrative Assistant to Majority Leader

AMBER PENCE FINK . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Administrative Assistant to Minority Leader

JIM BORTON . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Assistant Sergeant at Arms

AL NOYES . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Assistant Sergeant at Arms

JIM HARDENBROOK . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Chaplain

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HOUSE MEMBERSHIP AND COMMITTEE ASSIGNMENTSFIFTY-SEVENTH LEGISLATURE


Name Address District

ANDERSEN, ALLEN R. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Pocatello . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 29Agricultural AffairsEducationJudiciary, Rules, and Administration

BARRACLOUGH, JACK T. . . . . . . . . . . . . . . . . . . . . . . . . . . Idaho Falls . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 33Education, ChairmanEnvironmental AffairsResources and Conservation

BARRETT, LENORE HARDY . . . . . . . . . . . . . . . . . . . . . . . . . Challis . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 35Local Government, ChairmanResources and ConservationRevenue and Taxation

BAUER, GARY W. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Nampa . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11Commerce and Human ResourcesEducationTransportation and Defense

BAYER, CLIFFORD R. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Boise . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 21BusinessEducation*Term commenced May 29, 2003

BEDKE, SCOTT . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Oakley . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 27AppropriationsResources and ConservationTransportation and Defense

BELL, MAXINE T. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Jerome . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 26Appropriations, ChairmanResources and Conservation

BLACK, MAX C. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Boise . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15Business, ChairmanState Affairs

BLOCK, SHARON L. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Twin Falls . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 24Health and Welfare, Vice ChairmanBusinessEducation

BOE, DONNA H. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Pocatello . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 30Assistant Minority LeaderEducationJudiciary, Rules, and AdministrationWays and Means

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BOLZ, DARRELL . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Caldwell . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10Agricultural AffairsAppropriations

BRADFORD, LARRY C. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Franklin . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 31Commerce and Human ResourcesEducationLocal Government

CAMPBELL, JOHN L. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Sandpoint . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1State Affairs, Vice ChairmanEnvironmental AffairsResources and Conservation

CANNON, JOSEPH S. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Blackfoot . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 28BusinessEducationTransportation and Defense

CLARK, JIM . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Hayden Lake . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3Judiciary, Rules, and Administration, Vice ChairmanLocal GovernmentState Affairs

COLLINS, GARY E. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Nampa . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12Local Government, Vice ChairmanBusinessRevenue and Taxation

CROW, DOLORES J. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Nampa . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13Revenue and Taxation, ChairmanCommerce and Human Resources

CUDDY, CHARLES D. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Orofino . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8Resources and ConservationRevenue and TaxationTransportation and Defense

DEAL, WILLIAM W. "BILL" . . . . . . . . . . . . . . . . . . . . . . . . . . Nampa . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13State Affairs, ChairmanBusiness

DENNEY, LAWERENCE . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Midvale . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9Majority LeaderResources and ConservationRevenue and TaxationWays and Means

DOUGLAS, BONNIE . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Coeur d’Alene . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4BusinessTransportation and Defense

EBERLE, CHARLES . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Post Falls . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5BusinessEducationHealth and Welfare

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EDMUNDSON, CLETE . . . . . . . . . . . . . . . . . . . . . . . . . . . . New Plymouth . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9Environmental AffairsJudiciary, Rules, and AdministrationState Affairs

ELLSWORTH, JULIE . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Boise . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18Majority Caucus ChairmanEnvironmental AffairsJudiciary, Rules, and Administration State AffairsWays and Means

ESKRIDGE, GEORGE E. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Dover . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1AppropriationsLocal GovernmentResources and Conservation

FIELD, DEBBIE S. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Boise . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18Judiciary, Rules, and Administration, ChairmanRevenue and Taxation

FIELD, FRANCES CHATBURN . . . . . . . . . . . . . . . . . . . . . . . Grand View . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 23Appropriations, Vice ChairmanAgricultural AffairsResources and Conservation

GAGNER, LEE . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Idaho Falls . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 33Business, Vice ChairmanAppropriations

GARRETT, KATHIE . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Boise . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17Commerce and Human ResourcesEducationHealth and Welfare

HARWOOD, R. J. “DICK” . . . . . . . . . . . . . . . . . . . . . . . . . . St. Maries . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2Environmental Affairs, Vice ChairmanAppropriationsJudiciary, Rules, and Administration

HENBEST, MARGARET . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Boise . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16Minority Caucus ChairmanBusinessHealth and WelfareRevenue and TaxationWays and Means

JAQUET, WENDY . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Ketchum . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 25Minority LeaderAgricultural AffairsState AffairsWays and Means

JONES, DOUGLAS R. “DOUG” . . . . . . . . . . . . . . . . . . . . . . . . . Filer . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 23Agricultural Affairs, ChairmanEducationResources and Conservation

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KELLOGG, HILDE . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Post Falls . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5Revenue and Taxation, Vice ChairmanBusinessTransportation and Defense

KULCZYK, HENRY . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Eagle . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14EducationHealth and WelfareJudiciary, Rules, and Administration

LAKE, DENNIS M. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Blackfoot . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 28Education, Vice ChairmanAgricultural AffairsCommerce and Human Resources

LANGFORD, EULALIE TEICHERT . . . . . . . . . . . . . . . . . . . . Montpelier . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 31Agricultural AffairsState Affairs

LANGHORST, DAVID . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Boise . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16Resources and ConvservationState Affairs

MARTINEZ, ELMER . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Pocatello . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 29Commerce and Human ResourcesHealth and WelfareRevenue and Taxation

MCGEACHIN, JANICE K. . . . . . . . . . . . . . . . . . . . . . . . . . . . Idaho Falls . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 32Health and WelfareRevenue and Taxation

MCKAGUE, SHIRLEY . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Meridian . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20Commerce and Human Resources, Vice ChairmanRevenue and TaxationTransportation and Defense

MEYER, WAYNE R. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Rathdrum . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3Ways and Means, ChairmanAppropriationsBusinessEnvironmental Affairs

MILLER, JANET J. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Boise . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17Local GovernmentState Affairs

MITCHELL, MIKE P. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Lewiston . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7AppropriationsHealth and Welfare

MOYLE, MIKE . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Star . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14Assistant Majority LeaderResources and ConservationRevenue and TaxationWays and Means

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NACCARATO, MIKE . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Lewiston . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7Agricultural AffairsCommerce and Human ResourcesEducation

NEWCOMB, BRUCE . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Burley . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 27Speaker of the House

NIELSEN, PETER . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Mountain Home . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 22EducationHealth and WelfareJudiciary, Rules, and Administration

PASLEY-STUART, ANNE . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Boise . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 19Judiciary, Rules, and AdministrationLocal Government*Term commenced December 18, 2003

RAYBOULD, DELL . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Rexburg . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 34Environmental Affairs, ChairmanResources and ConservationRevenue and Taxation

RIDINGER, TIM . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Shoshone . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 25Transportation and Defense, Vice ChairmanJudiciary, Rules, and AdministrationRevenue and Taxation

RING, ROBERT “BOB” . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Caldwell . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10Health and WelfareJudiciary, Rules, and AdministrationState Affairs

RINGO, SHIRLEY G. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Moscow . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6Commerce and Human ResourcesLocal GovernmentRevenue and Taxation

ROBERTS, KEN A. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Donnelly . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8Resources and ConservationRevenue and TaxationTransportation and Defense

ROBISON, KENNETH L. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Boise . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 19AppropriationsResources and Conservation

RYDALCH, ANN . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Idaho Falls . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 32Agricultural AffairsBusinessEducation

SALI, WILLIAM T. "BILL" . . . . . . . . . . . . . . . . . . . . . . . . . . . . Kuna . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 21Health and Welfare, ChairmanJudiciary, Rules, and Administration

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SAYLER, GEORGE C. . . . . . . . . . . . . . . . . . . . . . . . . . . . . Coeur d’Alene . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4EducationEnvironmental AffairsResources and Conservation

SCHAEFER, ROBERT E. . . . . . . . . . . . . . . . . . . . . . . . . . . . . Nampa . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12Commerce and Human Resources, ChairmanRevenue and Taxation

SHEPHERD, MARY LOU . . . . . . . . . . . . . . . . . . . . . . . . . . . . Wallace . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2State AffairsTransportation and Defense

SHIRLEY, MACK G. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Rexburg . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 34Agricultural AffairsJudiciary, Rules, and AdministrationState Affairs

SKIPPEN, KATHY . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Emmett . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11State AffairsTransportation and Defense

SMITH, ELAINE . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Pocatello . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 30BusinessEnvironmental AffairsState Affairs

SMITH, LEON E. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Twin Falls . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 24Judiciary, Rules, and AdministrationRevenue and TaxationTransportation and Defense

SMYLIE, STEVE . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Boise . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15Local GovernmentState Affairs

SNODGRASS, MARK A. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Meridian . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20BusinessEnvironmental AffairsState Affairs

STEVENSON, JOHN A. "BERT" . . . . . . . . . . . . . . . . . . . . . . . . Rupert . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 26Resources and Conservation, ChairmanAgricultural AffairsState Affairs

TRAIL, TOM . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Moscow . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6Agricultural Affairs, Vice ChairmanCommerce and Human ResourcesEducation

WILLS, RICHARD “RICH” . . . . . . . . . . . . . . . . . . . . . . . . . Glenns Ferry . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 22Judiciary, Rules, and AdministrationState AffairsTransportation and Defense

HOUSE JOURNAL


xi

WOOD, JOAN E. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Rigby . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 35Transportation and Defense, ChairmanResources and Conservation, Vice ChairmanRevenue and Taxation

xii

HOUSE JOURNAL

AGRICULTURAL AFFAIRS (12)Jones, Chairman

Trail, Vice ChairmanField(23) JaquetLake AndersenStevenson NaccaratoBolzLangfordRydalchShirley

APPROPRIATIONS (10)Bell, Chairman

Field(23), Vice ChairmanMeyer RobisonGagner MitchellBolzEskridgeHarwoodBedke

BUSINESS (15)Black, Chairman

Gagner, Vice ChairmanDeal HenbestKellogg Smith(30)Meyer DouglasCollinsBlockRydalchCannonEberleSnodgrassBayer

COMMERCE AND HUMAN RESOURCES (11)Schaefer, Chairman

McKague, Vice ChairmanLake MartinezTrail RingoCrow NaccaratoBradfordBauerGarrett

EDUCATION (18)Barraclough, ChairmanLake, Vice Chairman

Jones BoeTrail AndersenBradford NaccaratoBlock SaylerRydalchBauerCannonEberleGarrettKulczykNielsenBayer

ENVIRONMENTAL AFFAIRS (10)Raybould, Chairman

Harwood, Vice ChairmanBarraclough Smith(30)Meyer SaylerEllsworthCampbellEdmunsonSnodgrass

HEALTH AND WELFARE (11)Sali, Chairman

Block, Vice Chairman Eberle HenbestGarrett MartinezKulczyk MitchellMcGeachinNielsenRing

JUDICIARY, RULES, & ADMINISTRATION (16)Field(18), Chairman

Clark, Vice ChairmanSali BoeEllsworth AndersenSmith(24) Pasley-StuartRidingerHarwoodEdmunsonKulczykNielsenRingShirleyWills

LOCAL GOVERNMENT (9)Barrett, Chairman

Collins, Vice ChairmanEskridge RingoClark Pasley-StuartSmylieBradfordMiller

RESOURCES AND CONSERVATION (18)Stevenson, Chairman

Wood, Vice ChairmanField(23) RobisonJones CuddyBell LanghorstBarraclough SaylerDenneyCampbellBarrettMoyleEskridgeRaybouldRobertsBedke

xiii

REVENUE AND TAXATION (19)Crow, Chairman

Kellogg, Vice Chairman

Barrett CuddyRidinger HenbestMoyle MartinezField(18) RingoSchaeferSmith(24)CollinsRaybouldRobertsWoodDenneyMcKagueMcGeachin

STATE AFFAIRS (19)Deal, Chairman

Campbell, Vice Chairman

Stevenson JaquetEllsworth ShepherdSmylie Smith(30)Langford LanghorstBlackClarkEdmunsonMillerRingShirleySkippenSnodgrassWills

TRANSPORTATION AND DEFENSE (14)Wood, Chairman

Ridinger, Vice Chairman

Kellogg CuddyMcKague ShepherdSmith(24) DouglasRobertsBedkeBauerCannonSkippenWills

WAYS AND MEANS (7)Meyer, Chairman

Denney JaquetMoyle BoeEllsworth Henbest

[January 12 HOUSE JOURNAL 1

FIRST LEGISLATIVE DAYMONDAY, JANUARY 12, 2004

House of Representatives

The House convened at 12 noon, January 12, 2004, the timeestablished for convening the Second Regular Session of theFifty-seventh Legislature, the members of the House ofRepresentatives convened in the House Chamber of the CapitolBuilding in the City of Boise, with Bruce Newcomb, Speaker,presiding.

Roll call showed 65 members present.Absent and excused -- Bell, Boe, Kellogg, Meyer, Schaefer.

Total -- 5.Total -- 70.

Prayer was offered by Chaplain Jim Hardenbrook.

The Pledge of Allegiance was led by ChaplainJim Hardenbrook.

There being no objection, the House advanced to the FourthOrder of Business.

Consideration of Messages from the Governor and the Senate

THE OFFICE OF THE GOVERNOREXECUTIVE DEPARTMENT

BOISE, IDAHO

CERTIFICATE OF APPOINTMENT

KNOW ALL MEN, by these Presents that pursuant to theprovisions of Section 59-904A, Idaho Code, the LegislativeDistrict 21 Committee of the Republican Party has submitted alist of three names for consideration in filling a vacancy in theDistrict 21 Legislative House of Representatives seat.

NOW, THEREFORE, I, JAMES E. RISCH, ActingGovernor of the State of Idaho, by virtue of the authority vestedin me by Section 59-904A, Idaho Code, do hereby appointClifford R. Bayer, to the position of State Representative,District 21, House Seat B, for a term commencing onMay 29, 2003, and continuing until the next general electionwhen the term of office expires.

IN TESTIMONY WHEREOF, I have hereunto set my handand caused to be affixed the Great Seal of the State of Idaho.

Done at Boise, the Capital of Idaho, this 29th day of May inthe year of our Lord two thousand and three, and of theIndependence of the United States of America, the two hundredand twenty-seventh year.

/s/ JAMES E. RISCHActing Governor

/s/ BEN YSURSASecretary of State

The Certificate of Appointment was ordered filed in the officeof the Chief Clerk.

The Speaker announced the oath of office had previously beenadministered to Mr. Bayer.


BOISE, IDAHO


KNOW ALL MEN, by these Presents that pursuant to theprovisions of Section 59-904A, Idaho Code, the LegislativeDistrict 19 Committee of the Democrat Party has submitted a listof three names for consideration in filling a vacancy in theDistrict 19 Legislative House of Representatives seat.

NOW, THEREFORE, I, DIRK A. KEMPTHORNE,Governor of the State of Idaho, by virtue of the authority vestedin me by Section 59-904A, Idaho Code, do hereby appointAnne Pasley-Stuart, to the position of State Representative,District 19, House Seat A, for a term commencing onDecember 18, 2003, and continuing until the next generalelection when the term of office expires.


Done at Boise, the Capital of Idaho, this 18th day ofDecember in the year of our Lord two thousand and three, and ofthe Independence of the United States of America, the twohundred and twenty-eighth year.

/s/ DIRK A. KEMPTHORNEGovernor


The Certificate of Appointment was ordered filed in the officeof the Chief Clerk.

The Speaker announced the oath of office had previously beenadministered to Mrs. Pasley-Stuart.

The Chief Clerk read the official proclamation as follows:

I, BEN YSURSA, Secretary of State of the State of Idahoand legal custodian of the records of elections held in the State ofIdaho, do hereby certify that the following is a full, true and

2 HOUSE JOURNAL January 12]

complete list of those elected or appointed to serve as members ofthe House of Representatives of the Second Regular Session ofthe Fifty-seventh Legislature, as shown by official records on filein my office:

DISTRICT NAME11 .. . . . . . . . . . . . . . . .. . John L. Campbell (R), George E. Eskridge (R)2 .. . . . . . . . . . . . R.J. “ Dick” Harwood (R), Mary Lou Shepherd (D)3 .. . . . . . . . . . . . . . . .. . . . . . . James W. Clark (R), Wayne R. Meyer (R)4 .. . . . . . . . . . . . . . . .. . . . . . . . . . . Bonnie Douglas (D), George Sayler (D)5 .. . . . . . . . . . . . . . . .. . . . . . . . . . . . . Hilde Kellogg (R), Charles Eberle (R)6 .. . . . . . . . . . . . . . . .. . . . . . . . . . . . . . Tom Trail (R), Shirley G. Ringo (D)7 .. . . . . . . . . . . . . . . .. . . . . . . . . . . Mike Mitchell (D), Mike Naccarato (D)8 .. . . . . . . . . . . . . . . .. . . . . . Ken A. Roberts (R), Charles D. Cuddy (D)9 .. . . . . . . . . . . . . . . .. Lawerence E. Denney (R), Clete Edmunson (R)10 .. . . . . . . . . . . . . . . .. . . . . . . . Robert “Bob” Ring (R), Darrell Bolz (R)11 .. . . . . . . . . . . . . . . .. . . . . . . . . . Kathy Skippen (R), Gary W. Bauer (R)12 .. . . . . . . . . . . . . . . .. . . . Robert E. Schaefer (R), Gary E. Collins (R)13 .. . . . . . . . . . . . . . . .. . . . Dolores J. Crow (R), W.W. “Bill” Deal (R)14 .. . . . . . . . . . . . . . . .. . . . . . . . . . . . . Mike Moyle (R), Henry Kulczyk (R)15 .. . . . . . . . . . . . . . . .. . . . . . . . . . . . . . Steve Smylie (R), Max C. Black (R)16 .. . . . . . . . . . . . . . . .. . . . Margaret Henbest (D), David Langhorst (D)17 .. . . . . . . . . . . . . . . .. . . . . . . . . . . . Kathie Garrett (R), Janet J. Miller (R)18 .. . . . . . . . . . . . . . . .. . . . . . . . . . . . . Debbie Field (R), Julie Ellsworth (R)19 .. . . . . . . . . . . . . . . .. . . . . . . . Anne Pasley-Stuart (D), Ken Robison (D)20 .. . . . . . . . . . . . . . . .. . Mark A. Snodgrass (R), Shirley McKague (R)21 .. . . . . . . . . . . . . . William T. “Bill” Sali (R), Clifford R. Bayer (R)22 .. . . . . . . . . . . . . . . .. . . . . . . . . . . . . . Richard Wills (R), Peter Nielsen (R)23 .. . . . . . . . . . . . . . . .. . . . . . . . . Frances Field (R), Douglas R. Jones (R)24 .. . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . Leon Smith (R), Sharon Block (R)25 .. . . . . . . . . . . . . . . .. . . . . . . . . . . . . . Wendy Jaquet (D),Tim Ridinger (R)26 .. . . . . . . . . . . . John A. “Bert” Stevenson (R), Maxine T. Bell (R)27 .. . . . . . . . . . . . . . . .. . . . . . . . Scott C. Bedke (R), Bruce Newcomb (R)28 .. . . . . . . . . . . . . . . .. . . . Dennis M. Lake (R), Joseph S. Cannon (R)29 .. . . . . . . . . . . . . . . .. . . . Allen R. Andersen (D), Elmer Martinez (D)30 .. . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . Donna Boe (D), Elaine Smith (D)31 .. . . . . . . . . . . . . Larry Bradford (R), Eulalie Teichert Langford (R)32 .. . . . . . . . . . . . . . . .. . . . . . . . . Janice McGeachin (R), Ann Rydalch (R)33 .. . . . . . . . . . . . . . . .. . . . . . . . Jack T. Barraclough (R), Lee Gagner (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 handand affixed the Great Seal of the State of Idaho. Done at Boise,the Capital of Idaho, this Fifth day of January, in the year of ourLord, Two Thousand and Four, and of the Independence of theUnited States of America, the two hundred and twenty-eighth.

/s/ BEN YSURSA Secretary of State

The Certificate of Election was ordered filed in the office ofthe Chief Clerk.

There being no objection, the House advanced to the SeventhOrder of Business.

Motions, Memorials, and Resolutions

HOUSE RESOLUTION NO. 5 BY DENNEY AND JAQUET

A HOUSE RESOLUTIONFIXING THE COMPENSATION OF THE EMPLOYEES

OF THE HOUSE OF REPRESENTATIVES OF THE SECONDREGULAR SESSION OF THE FIFTY-SEVENTH IDAHOLEGISLATURE.

Be It Resolved by the House of Representatives of the State ofIdaho:

WHEREAS, House Rule 74 provides that the compensationof the employees of the House of Representatives shall be fixedby resolution of the House of Representatives.

NOW, THEREFORE, BE IT RESOLVED by the membersof the House of Representatives that the compensation of thevarious officers and employees of the House of Representativesof the Second Regular Session of the Fifty-seventh IdahoLegislature be fixed as follows:

Chief Clerk and Parliamentarian .. . . . . . . . . . . . . . . .. . . . $17.77 hourlyAssistant Chief Clerk .. . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . $13.95 hourlyDocket Clerk .. . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . $12.67 hourlyJournal Clerk .. . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . $12.67 hourlyChaplain .. . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . $17.45 hourlySergeant at Arms .. . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . $13.95 hourlyAssistant Sergeants at Arms .. . . . . . . . . . . . . . . .. . . . . . . . . $10.60 hourlyAdministrative Assistant to Majority Leadership .. $12.67 hourlyAdministrative Assistant to Minority Leadership .. $12.67 hourlySecretaries to Minority Leadership .. . . . . . . . . . . . . . . .. $10.60 hourlySecretary to Agricultural Affairs Committee .. . . . . . $10.60 hourlySecretary to Appropriations Committee .. . . . . . . . . . . . $11.67 hourlySecretary to Business Committee .. . . . . . . . . . . . . . . .. . . $10.60 hourlySecretary to Education Committee .. . . . . . . . . . . . . . . .. . $11.67 hourlySecretary to Environmental Affairs andCommerce and Human Resources Committees . . . . $11.67 hourlySecretary to Health and Welfare Committee .. . . . . . $10.60 hourlySecretary to Judiciary, Rules, and AdministrationCommittee .. . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . $11.67 hourlySecretary to Local Government Committee .. . . . . . . $10.60 hourlySecretary to Resources and ConservationCommittee .. . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . $10.60 hourlySecretary to Revenue and Taxation Committee .. . . $11.67 hourlyAssistant Secretary to Revenue and TaxationCommittee .. . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . $10.60 hourlySecretary to State Affairs Committee .. . . . . . . . . . . . . . . $11.67 hourlySecretary to Transportation and DefenseCommittee .. . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . $10.60 hourlySecretaries/Receptionists . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . $10.60 hourlyCopy Machine Operators . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . $10.36 hourlyChief Lounge Host . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . $10.36 hourlyAssistant Lounge Host . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . $ 9.69 hourlyLegislative Public Information Center Director . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . $13.95 hourly Information Specialist . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . $10.60 hourly


Telephone Operators . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . $10.36 hourly Tour Guides .. . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . $10.36 hourlyPages .. . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . $ 5.65 hourly

BE IT FURTHER RESOLVED that if the Change inEmployee Compensation Committee adopts a percentage increaserecommendation for state employees, these hourly amounts shallbe increased by a like percentage.

HOUSE CONCURRENT RESOLUTION NO. 34 BY DENNEY AND JAQUET

A CONCURRENT RESOLUTIONPROVIDING FOR A JOINT SESSION OF THE HOUSE OF

REPRESENTATIVES AND THE SENATE OF THE SECONDREGULAR SESSION OF THE FIFTY-SEVENTH IDAHOLEGISLATURE FOR THE PURPOSE OF HEARING AMESSAGE FROM THE GOVERNOR.

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

WHEREAS, the Governor has informed the House ofRepresentatives and the Senate that he desires to deliver amessage to a Joint Session of the House of Representatives andthe Senate of the Second Regular Session of the Fifty-seventhIdaho Legislature in the Chamber of the House of Representativesat 7 p.m. on Monday, January 12, 2004.

NOW, THEREFORE, BE IT RESOLVED by the membersof the Second Regular Session of the Fifty-seventh IdahoLegislature, the House of Representatives and the Senateconcurring therein, that the House of Representatives and theSenate meet in Joint Session on Monday, January 12, 2004, at7 p.m. for the purpose of hearing the message from theGovernor.

HR 5 and HCR 34 were introduced, read the first time bytitle, and referred to the Judiciary, Rules, and AdministrationCommittee for printing.

Mr. Denney asked unanimous consent that two committees beappointed by the Speaker; one to notify the Governor, and one tonotify the Senate that the House is organized and ready to dobusiness. There being no objection, it was so ordered.

The Speaker appointed the following committees to notify theGovernor and the Senate.

Representatives Barraclough, Langford, and Henbest wereappointed as the committee to notify the Governor andRepresentatives Jones, Raybould, and Mitchell were appointed asthe committee to notify the Senate. The committees wereexcused.

There being no objection, the House returned to the FifthOrder of Business.

Report of Standing Committees

January 12, 2004Mr. Speaker:

We, your COMMITTEE ON JUDICIARY, RULES, ANDADMINISTRATION report that we have printed HCR 34.

FIELD(18), Chairman

HCR 34 was held at the Desk.



Mr. Denney moved that all rules of the House interferingwith the immediate consideration of HCR 34 be suspended; thatthe portions of Section 15, Article 3 of the Constitution of theState of Idaho, requiring all bills to be read on three several daysbe dispensed with, this being a case of urgency; and that HCR 34be read the first time by title, second time by title, and third timeat length, and placed before the House for final consideration.Seconded by Ms. Jaquet.

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

Roll call resulted as follows:AYES -- Andersen, Barrett, Bauer, Bayer, Bedke, Black,

Block, Bolz, Bradford, Campbell, Cannon, Clark, Collins, Crow,Cuddy, Deal, Denney, Douglas, Eberle, Edmunson, Ellsworth,Eskridge, Field(18), Field(23), Gagner, Garrett, Harwood,Jaquet, Kulczyk, Lake, Langhorst, Martinez, McGeachin,McKague, Miller, Moyle, Naccarato, Nielsen, Pasley-Stuart,Ridinger, Ring, Ringo, Roberts, Robison, Rydalch, Sali, Sayler,Shepherd, Shirley, Skippen, Smith(24), Smith(30), Smylie,Snodgrass, Stevenson, Trail, Wills, Wood, Mr. Speaker.Total -- 59.

NAYS -- None.Absent and excused -- Barraclough, Bell, Boe, Henbest,

Jones, Kellogg, Langford, Meyer, Mitchell, Raybould, Schaefer.Total -- 11.

Total -- 70.

Whereupon the Speaker declared that more than two-thirds ofthe membership having voted in the affirmative, the motioncarried, the rules were suspended, and HCR 34 was read the firsttime by title, second time by title, and third time at length, andplaced before the House for final consideration.

At this time, the Speaker recognized Mr. Denney to opendebate.

The question being, "Shall HCR 34 be adopted?"

Whereupon the Speaker declared HCR 34 adopted by voicevote and ordered the resolution transmitted to the Senate.

There being no objection, the House advanced to theThirteenth Order of Business.


Miscellaneous and Unfinished Business

The following committee assignments were made:

Lincoln Day Committee

Representative Garrett, ChairmanRepresentative MillerRepresentative Sayler

Memorial Committee

Representative Langhorst, ChairmanRepresentative SnodgrassRepresentative Skippen

Representative Barraclough will serve as Chairman of theEducation Committee and Representative Raybould will serve asChairman of the Environmental Affairs Committee.Representative Bayer will serve on the Education Committee andthe Business Committee and Representative Pasley-Stuart willserve on the Judiciary, Rules, and Administration Committee andthe Local Government Committee.

BUSINESS (15)

Black, ChairmanGagner, Vice Chairman

Deal HenbestKellogg Smith(30)Meyer DouglasCollinsBlockRydalchCannonEberleSnodgrassBayer

EDUCATION (18)

Barraclough, ChairmanLake, Vice Chairman

Jones BoeTrail AndersenBradford NaccaratoBlock SaylerRydalchBauerCannonEberleGarrettKulczykNielsenBayer

ENVIRONMENTAL AFFAIRS (10)

Raybould, ChairmanHarwood, Vice Chairman

Barraclough Smith(30)Meyer SaylerEllsworthCampbellEdmunsonSnodgrass

JUDICIARY, RULES, & ADMINISTRATION (16)

Field(18), ChairmanClark, Vice Chairman

Sali BoeEllsworth AndersenSmith(24) Pasley-StuartRidingerHarwoodEdmunsonKulczykNielsenRingShirleyWills

LOCAL GOVERNMENT (9)

Barrett, ChairmanCollins, Vice Chairman

Eskridge RingoClark Pasley-StuartSmylieBradfordMiller

There being no objection, the House returned to the SeventhOrder of Business.


The committee appointed to notify the Governor that theHouse was in session returned to the House and reported they hadconveyed the message to the Governor and that the Governor senthis greetings and best wishes for a productive session. Thecommittee was thanked and discharged by the Speaker.

The committee appointed to notify the Senate that the Housewas in session returned to the House and reported that they hadconveyed the message to the Senate, and the Senate returned itsbest wishes for a productive session. The committee was thankedand discharged by the Speaker.

At this time, Senators acting as a committee from the Senate,were escorted into the House Chamber to notify the House ofRepresentatives that the Senate was organized and ready forbusiness. The Speaker thanked the committee.


Mr. Denney moved that the House recess until 6:15 p.m.Seconded by Ms. Jaquet. Motion carried.

Whereupon the Speaker declared the House at recess until6:15 p.m.

RECESS

The House reconvened at 6:15 p.m., the Speaker in theChair.

Roll call showed 69 members present.Absent and excused -- Bell. Total -- 1.Total -- 70.

Prior to recess, the House was at the Seventh Order ofBusiness.


Mr. Denney asked unanimous consent that a committee beappointed to wait upon the Senate and escort the Senators to theHouse Chamber for the purpose of attending the Joint Session.There being no objection, it was so ordered.

The Speaker appointed Representatives Bolz, Bedke, andShepherd as the committee to wait upon the Senate. Thecommittee was excused.

The committee appointed to wait upon the Senate returnedand reported that the Senate was waiting to enter the HouseChambers. The Speaker thanked and discharged the committee.

JOINT SESSION

Pursuant to HCR 34, the hour of 7 p.m. having arrived, themembers of the Senate entered the House Chamber and met inJoint Session with Speaker Newcomb presiding.

Roll call of the House showed 69 members present.Absent and excused -- Bell. Total -- 1.Total -- 70.

Roll call of the Senate showed 34 members present.Absent and excused -- Calabretta. Total -- 1.Total -- 35.

Mr. Moyle asked unanimous consent that one committee beappointed to wait upon the Supreme Court Justices and AppellateCourt Judges and one to wait upon the Elected Officials andescort them to the House Chamber. There being no objection, itwas so ordered.

The Speaker appointed Senators Darrington and Burkett, andRepresentatives Field(18) and Boe as the committee to wait uponthe Supreme Court Justices and Appellate Court Judges andSenators Stegner and Sorensen, and Representatives Ridinger andMartinez as the committee to wait upon the Elected Officials andescort them to the House Chamber. The committees wereexcused.

Mr. Denney asked unanimous consent that the Speakerappoint a committee to wait upon the Governor and escort him tothe House Chamber. There being no objection, it was soordered.

The Speaker appointed Senators Davis and Stennett andRepresentatives Denney and Jaquet as the committee to wait uponthe Governor and escort him to the House Chamber. Thecommittee was excused.

The committee appointed by the Speaker escorted theSupreme Court Justices and the Appellate Court Judges to theHouse Chamber where they were presented to the Joint Session.

The committee appointed by the Speaker escorted the ElectedOfficials to the House Chamber where they were presented to theJoint Session.

The committee appointed by the Speaker escorted theGovernor to the House Chamber.

His Excellency, the Governor of the State of Idaho,Dirk Kempthorne, was introduced by the Speaker and thefollowing State of the State Message and Budget Address wasdelivered by Governor Kempthorne:

Mr. Speaker, Mr. President, distinguished members of theLegislature, Madame Chief Justice, and distinguished members ofthe Judiciary, fellow Constitutional Officers, and my fellowIdahoans:

Last year, in the midst of substantial economic crisis, Idelivered a message that was difficult, but with no hesitation Ican affirm that it was the right thing to do. Last year’s speechwas also one of the shortest speeches I have delivered before thisLegislature and yet it sparked the longest session in Idahohistory. So, without much exaggeration, I can say that it seemslike only yesterday that you and I were here. Thank you forinviting me back and thank you for your partnership last session.It wasn’t easy for any of us. But the results were clear. Essentialservices and responsibilities are covered. We are educating ourchildren, caring for our seniors, providing for our veterans, andpromoting economic growth.

In the spirit of economy, and with the hope of doing my partto keep this session shorter, tonight I will deliver both my Stateof the State and Budget Messages. Perhaps it will set the tone forthe task at hand. The tough decisions we made last year havepaid off, and tonight I will affirm to you that as I anticipated,we’re on the road to recovery.

The current fiscal year, FY 2004, which started July 1st andends June 30th, is sound. We will have sufficient funds to get usthrough FY 2005. Tonight as we discuss the FY 2005 budget wemust focus on how it impacts the following year. Some of ourexisting financial assets will go away. For example, you knowthat we’re the beneficiaries of more than $83 million in one-time,federal assistance. We won’t receive that money again next year.The more than $170 million in temporary sales tax revenue willalso go away when it sunsets in June of 2005. In 2006, we willalso experience a budget anomaly that happens once every 11years that adds an extra pay period for state employees. This 27th

pay period is significant and will cost us an estimated$20 million.


So as we prepare, the key word is restraint. Budget pressureswill not ease, and the demands on state resources will continue togrow. Therefore, we must be wise, we must be prudent, and wemust have vision.

This budget meets the demands of short-term cyclicalproblems and we’re beginning to implement long-term structuralchanges that will result in better government. We should beproud of the steps we have taken over the past few years thathave positioned Idaho so well. But we must not be complacent.While we have tremendous opportunities, we still face significantchallenges. The reason that FY 2006 is so critical is because, asjust stated, some of our current financial assets will no longerexist in that year. By the following year, FY 2007, I believe wewill see a full recovery and a robust national economy. Sotonight, my remarks will focus on restraint, efficiencies,restructuring, doing more with less, and continuing to build onour successes.

Tonight I present a bare-bones budget that projects a 6.2percent increase in revenues with only a 3.98 percent increase inexpenditures. More than half of the spending increases arerequired by state or federal law. We are positioning ourselves sothat in two years we will still have a balanced budget that doesnot rely on federal assistance, the temporary sales tax increase,and other one-time money.

This is a $2.083 billion budget that contains no inflation otherthan medical, no significant enhancements other than where wecan demonstrate return on investment, and only one major capitaloutlay expenditure, which is for replacement of emergencyvehicles and equipment.

We will make the $20.7 million transfer from the GeneralFund to the Budget Stabilization Fund on schedule. We willreceive the $22.4 million from the tobacco settlement into ourMillennium Fund on schedule. You will also see in my budgetmore than $3 million in expanded tax credits and incentives toboost our economy and improve health care for our citizens inevery region of the state. Budget projections show that thetemporary sales tax is just that, temporary. It means considerablediscipline to get there, but the expiration of the sales tax canproceed as planned.

As the national economy shows signs of recovery, Idaho isamong those leading the way. We are well positioned because inthe face of tough economic times, we did not retreat. We refusedto become victims of a national recession. We did cut back, justas any good business would do in tough times, but at the sametime, we charted a course for this ship of state to be a flagship forrecovery. I want to compliment you. You should be proud ofwhat you did last session.

Consider what we accomplished. We have acceleratedconstruction on 10 years’ worth of buildings at our colleges anduniversities. These buildings will greatly benefit students and thesurrounding communities, and turn a $68 million investment intoa $200 million boost to the state’s economy. The bondingresolution, which you passed, allowed this to happen. It is trueeconomic stimulus. You should be proud of what you helpedcreate. Many members of the Legislature joined me on ourcollege campuses to celebrate these successes and also as webroke ground and dedicated economic development projects in allregions of Idaho.

Thanks to our Rural Initiative and leveraging other economicdevelopment funds, we are opening business parks in Council,Mackay, New Plymouth, Orofino, and Salmon. New businesseslike Ashley Inn in Cascade, WOW Logistics in Jerome, and theHunt Lodge in McCall are open, putting Idahoans to work.

There are a host of other successes, including downtownimprovement projects in St. Maries, Elk City, Kamiah,Montpelier, Firth, Bonners Ferry, Hagerman, and Sandpoint.Idahoan Foods in Rupert reopened thanks to a state grant; RockyMountain Hardware has expanded in Shoshone; Dell Computer inTwin Falls keeps growing; Empire Airlines, a top-flightcompany, is expanding in Coeur d’Alene; Qwest is adding moreworkers in Boise, Pocatello, and Idaho Falls; and Hecla Miningis expanding their workforce by 50 percent in northern Idaho.

I’m proud of the fact that a national study ranks Idaho first inthe country for growth and expansion of women-ownedbusinesses.

Why are businesses moving to or expanding in Idaho? Letme read to you what C.J. Buck, President of Buck Knives, saidabout moving his business to Post Falls:

“It was the legislative climate in Idaho, which isincredibly business friendly. There is an understandingthat making life easier on local business benefits thestate…”

That same theme is reflected by August Busch in a letter hesent to me just four weeks ago.

“One of the reasons that we chose to expand our facilityin [Idaho], rather than elsewhere, is the friendlyenvironment you have fostered for our industry throughyour tax policies and support of businesses such as ours. ”

Along with the new Modelo plant, the expansion of theAnheuser Busch facility in Idaho Falls will mean $40 million inannual purchases from local malt barley growers.

I suppose that we could have gone to communities around thestate, stood in vacant lots and offered excuses about the woes ofrecession. But instead, we stood in front of newly constructedbusinesses and we affirmed our commitment to building Idaho.We must continue our efforts. Therefore, I am asking you torestore full funding to my Rural Initiative. With a full $3 millionin block grants we can continue to aggressively boost businessdevelopment throughout Idaho.

I’m optimistic because I know the character of our people.Idahoans are tough and can rise to any challenge. That’s exactlywhat happened with our outstanding state employees. Whenasked to do more with less, they have been innovative, efficient,and have performed magnificently. As the nation’s fifth-fastestgrowing state, the demands on state services increase, especiallyin the face of shrinking budgets. The fact is, we have fewer stateemployees per capita today than we did ten years ago. What wecan, and must do, is recognize our outstanding public servants.Therefore, my budget includes an additional $10 million foremployee salary increases. On top of that, another $11 million isin the budget to cover increased costs for health insurance andretirement contributions on behalf of our state employees. I askyou to join me in thanking our more than 17,000 dedicated state


workers. With their help, we’ve faced our problems head-on.We haven’t used smoke and mirrors. There are no gimmicks.No shifting payments to the next fiscal year. Our game plan issolid.

That’s what impressed Wall Street. In June, I joinedTreasurer Ron Crane and Senator Dean Cameron to make ourcase before the national bond rating agencies. We told the Idahostory and they liked what they heard. As a result, we maintainedour top bond ratings and not only did that save us millions ofdollars in interest, but it has benefitted communities across thestate.

Moscow is utilizing our state bond rating and low interestrates to build a needed and impressive expansion to GritmanHospital. Salmon is also benefitting from our bond rating andstrong fiscal position to build a state-of-the-art hospital to meetpressing community needs.

Another element of ensuring economic viability for newbusiness growth is an incentive to create high paying jobs. In2001, I signed into law a $500 new job tax credit. I want to raisethe bar by doubling the credit if the new jobs pay high wages andinclude benefits. The last three years have shown that when thestate provides the incentive, the private sector will invest.

Our innovative Broadband tax credit for high-speedcommunications is a conduit allowing prosperity to flow to ruralIdaho and Idaho products to flow to the world. We knew thepotential, but we couldn’t quantify the outcome. Now we can.More than half the state has high-speed connections; but the job’snot finished and that tax credit is set to expire.

It’s the same with our Research and Development Tax Credit.Has it been successful? Just ask Micron Technology, whichbrought manufacturing jobs and some of the latest technologyhome from overseas, including an incredible medicalbreakthrough; the “camera-in-a-pill.” Ask AMI Semiconductorin Pocatello, a world leader in custom integrated circuits foreverything from pacemakers to automotive brakes and securitysystems. Both companies have opened new multi-million dollarR&D facilities. But now that tax credit, too, is set to expire. Somy recommendation tonight is to continue these incentives so thatwe can connect all of Idaho with the latest in high-speedcommunications and continue to promote research anddevelopment. I’m asking you to make these tax incentivespermanent. The tax credits and incentives represent aninvestment of more than $2.5 million. We’re not standing still,we’re continually moving forward by investing and by notaccepting the status quo.

We have implemented a number of recommendations from theScience and Technology Advisory Council. Led byDr. Billy Shipp, this group has shaped Idaho’s efforts to buildour science and technology industries. The R&D Tax Credit wasa direct result of the Science and Technology Advisory Councilreport. This year, I’m recommending that we adopt another ofthe Council’s recommendations.

The world of telecommunications is rapidly changing and it’stime for our state law to align itself with the realities of thecurrent market. I ask you to consider legislation that allowstelecommunications companies the choice to opt out of thecurrent rate-of-return regulatory environment. Policies such as

this will encourage continued investment and deployment of newservices, enhance competition, and bring the best products andnewest technologies to Idaho consumers and businesses.

Just as Idaho was the first state in the nation to move into afree market environment in the telecommunications industry in1988, it’s time for us to lead again. It’s no accident thathigh-tech is rebounding in Idaho. Beyond the investments madeby Micron and AMI Semiconductor, there’s a new scientificresearch park in Post Falls, thanks in large part to the generoussupport of the Jacklin family.

As a direct result of the Science and Technology AdvisoryCouncil’s blueprint, we have established three TechConnectoffices throughout the state to interface with Idaho universities,technology corporations, entrepreneurs, and government. Theseoffices will assist us in our efforts to continue to build anentrepreneurial culture that supports and nurtures new high-techventures in Idaho.

At Idaho State University, the new Idaho Accelerator Centerwill show a 25-to-1 return on the state’s $1 million investment.Partnering with the private sector, researchers at the center areworking on a prototype scanner to detect nuclear materials in railcars and cargo containers. There’s also significant opportunity inthe aerospace industry.

You’ve seen the importance of science and technology toIdaho’s economy. I believe it now deserves full-time attention.So tonight, I’m announcing the creation of the Office of Scienceand Technology. Using existing resources and a new investmentof $100,000, we will begin pushing an aggressive agenda toexpand science and technology throughout the state. I’ve askedKarl Tueller, a veteran of the Department of Commerce, to headthis new office. Karl is a strong leader and he has the experienceand the passion to make this a successful endeavor.

While science and technology are key elements to businessgrowth, education is the foundation. Last year, in an extremelydifficult economic climate, we made the decision to supporteducation and, in fact, increase our funding to public schoolswhile at the same time, providing additional accountability forthose education dollars.

This year, while some states will be forced to cut education, Iam proposing to you a K-12 budget that again provides anincrease. As part of my $961.8 million budget for K-12education, I’ve included $10 million in discretionary funding forincreased salaries; the same amount set aside for salary increasesfor our state workers. With these additional dollars foreducation, I want to continue our success in public schools.

Think of all that we have accomplished. For the first timeever, statewide standards are in place for math, reading, andlanguage skills. Now, the Class of 2006 will begin taking theIdaho Standards Achievement Tests or ISAT. These students willhave as many as six opportunities to pass all sections of the test.While the ISAT will test the knowledge of our students, it isreally a test to measure the effectiveness of our schools so that wecan continually strengthen and improve how we teach ourchildren to be ready to compete successfully in the world. Wecontinue to make steady advancements in our efforts to have ouryoung people reading at grade level by the third grade. TheIdaho Reading Initiative is working.


Soon, thanks to the generosity of the Albertson Foundation,we will launch ISIMS, the Idaho Student InformationManagement System, that will help parents and teachers trackstudent achievement and attendance through a secure Internetaccess. Think of it, parents will now have a tool to check theirstudent’s test scores, attendance, and progress 24/7.

Every state is working to follow federal legislation to ensurethat no child is left behind when it comes to public education. Ithas not been a simple task, but I commend our State Board ofEducation, which has been aggressive in implementing No ChildLeft Behind.

At the same time, there has been a great deal of discussionthis past year about charter schools. Let me affirm that I supportcharter schools. We must not be afraid to challenge the statusquo as we strive for an ever-improving educational system.

We are stewards of the taxpayers’ dollars, with aconstitutional duty to provide a sound education for our youngpeople. Our goal should be to look for and support everypossible opportunity to raise the bar in education.

Idaho is one of only two states to have adopted the AmericanBoard Certification for Teacher Excellence. This means thatschool districts can now look to qualified individuals in theircommunities, maybe a retired CPA who can teach accounting, ora Registered Nurse who might teach health, and put those talentsto use in a classroom to benefit our next generation.

Several years ago we embarked on a new partnership with

local school districts to ensure that our children have a safeenvironment in which to learn. H 315 was landmark legislationthat allowed the state to cover all or a portion of the interest for adistrict that passed a bond to get their “school houses in order.”Seven school districts utilized the opportunity to partner with thestate in fixing or replacing deteriorated and even condemnedschool buildings. One of those districts was Troy. I washonored to deliver the final commencement address last spring inthe old, 98-year-old high school, and then return a few monthslater to dedicate Troy’s new high school. Those 13 graduates,and in fact the entire community, were grateful for your help inbuilding a brand new, state-of-the-art facility. The originalschool was built using square nails. So, when I spoke to thoseproud graduates, I gave each of them an antique, square nail sothat they would remember their roots and the solid foundationthey received at that school. Troy High School has come a longway in 100 years.

Fremont, Boundary, Minidoka, Wendell, and Wallace schooldistricts also utilized this incentive provided by the state. TheWhitepine school district was the last to pass a bond based on thisincentive program, but by then, there was only a small portion ofthe original $10 million left in the fund. I have set aside theremaining $377,500 in interest requested by the WhitepineDistrict. I now ask you to appropriate these funds.

In higher education, I’ve met with the college and universitypresidents and told them to prepare for a flat-line budget nextyear. But even with a flat-line budget, our college anduniversities will see an additional $5.3 million, or an increase ofnearly 2.5 percent because of the salary increases for faculty andstaff, and the increased funding for benefits.

We are continuing funding for scholarship programs to assistyoung Idahoans to attend secondary or professional-technicalschools in state. Education remains the top priority for this state.Public schools and higher education receive 63 cents out of everytax dollar.

Scholarships for children of POW/MIAs continue, as doesfinancial assistance for our members of the National Guard andrecruits who want to seek higher education degrees.

Another thing I’m proud to say we’ve accomplished formilitary families is we stayed on course with the Idaho VeteransCemetery. You may have noticed as you came to the Statehousetoday that the POW/MIA flag is flying over this building. It willfly over the Capitol every day until the hallowed ground to honorour veterans is dedicated this summer. At that time, the flag willbe transferred to the permanent memorial to our fallen heroes.

Idaho has lost her own heroes in the war on terrorism, andtonight I want to honor those who gave their lives in defense ofour freedom: Majo r G re go ry Stone of Boise,Sergeant Richard Carl of King Hill, and Private First ClassJerrick Petty of Idaho Falls. To the families of these men, onbehalf of all citizens of the State of Idaho, our sincere thanks andprayers are with you for your sacrifice.

To all men and women serving in our armed forces, includingthe hundreds of Idaho National Guard and Reservists who servedduring Operation Iraqi Freedom and the Idahoans currentlydeployed in the region, I want to thank you for what your servicemeans to the state and the nation.

Over a year ago, I asked 48 talented Idahoans to form abipartisan, statewide Blue Ribbon Task Force to review stategovernment from top to bottom. J.D. Williams andChuck Winder co-chaired this remarkable group and did anoutstanding job. The final assessment from the Blue Ribbon TaskForce used words like consolidation, modernization,privatization, streamlining, and efficiencies. They made anumber of short-term and long-term recommendations, and sofar, more than 60 percent of the short-term recommendationshave been implemented, including those you approved last year.I have already taken action on some of the longer-termrecommendations.

By executive order, I directed the merger of the DisabilityDetermination Service with the Department of Labor. As aresult, we’ve redirected nearly $400,000 away fromadministrative costs into services to help people find jobs.Idaho’s DDS Division has gained national recognition, improvingproductivity from 36th in the nation to number one. I have alsodirected the Military Division to streamline its operations byconsolidating the Bureau of Disaster Services and the Bureau ofHazardous Materials. The new agency, the Bureau of HomelandSecurity, is not only more efficient, but it more closely reflectsthe current needs and realities in the aftermath of September 11th.

It’s also my intent to consolidate two executive agencies thatshare the common goal of business and workforce development.As we work on growing the state’s economy, we’ve recognizedthe synergy that exists between the Departments of Commerceand Labor. Many times I’ve been in meetings with companiesconsidering moving to Idaho. Even as the meetings ran into latenights and early mornings, the Directors of Commerce and Labor


have been by my side. I believe that by merging thesedepartments we can maximize our resources, eliminate anyredundant functions, while continuing to recruit and retainbusinesses and create jobs for hard working Idahoans. I haveasked Director Roger Madsen to continue in his double duty overboth agencies and to oversee any structural changes that may benecessary. His talents will make this a smooth transition.Therefore, this session, I will send you legislation to merge thesedepartments.

When consolidation of two departments into one can helpsupercharge economic and workforce development and eliminateduplication, that is a winning combination. We will continue tolook for ways to consolidate, modernize, and streamline stategovernment and institute common sense solutions. For example,today many Medicaid recipients are penalized if they have a job.I say we remove the penalty and enable Medicaid recipients towork without losing health care benefits and services that helpthem remain independent. I urge your support of this commonsense change.

In this year, our Medicaid reforms are projected to save morethan $80 million. Add that to previous years, and the total ismore than $160 million. Yet not one person has been droppedfrom our programs. We have improved service while reducingcosts. I hope you agree with me that not only are the savingssignificant, but it’s the kind of reforms that Idahoans canembrace.

As part of these reforms, we began actively promotingenrollment in the Healthy Connections program to provideeveryone in Medicaid with a primary care physician to reduceunnecessary and costly emergency room visits. It’s working.Two years ago, enrollment was at 31 percent. We set a goal toincrease that to 68 percent. What are the actual results? We farexceeded our expectations. Enrollment is now approaching 80percent.

We realigned medical reimbursement rates, and while somepeople thought this would drive the doctors away, it’s actuallydone the opposite. In the last year, an additional 750 physiciansare now accepting Medicaid patients.

These are the kind of efficiencies we’re looking for and willcontinue to implement. But despite our reforms, health care costscontinue to rise. This year it’s going to cost us an additional$58 million to pay for increased health care costs. Of that,$43 million will come from our general fund, and $15 million isgoing to be paid by one-time federal assistance.

As Chairman of the National Governors Association, I havemade long-term care my initiative for the year. It’s an issue wewill all face. It’s one of the fastest growing parts of our statebudget. It’s estimated that one out of every three Americans maygo broke paying for long-term care. Private long-term carepolicies promote independence and choice for our seniors, andreduce the already overwhelming burden on our state Medicaidbudget.

In 2001, I signed into law a 50 percent tax deduction forlong-term care insurance. This year, I’ve allocated $500,000 toincrease this deduction to a full 100 percent. We must encourageinvestment in long-term care policies. This represents sound tax

policy and health care policy. We should be dedicated toguaranteeing the dignity that our parents and grandparentsdeserve.

But this is not the sole cure for our rising Medicaid costs.Until we, as individuals, begin to make significant changes to theway we treat diet and exercise, we will continue to see higherrates of chronic disease and higher costs in health care. Ourfocus as a society should not just be on health care, but also onhealth.

Let me now take a moment to address the health of ourenvironment. Protecting wildlife and enhancing recreationalopportunities remain a priority. First, we have been blessed witha tremendous snowpack in the mountains. This is great news forevery farmer and rancher in the state. Every basin in the state iscurrently above average and this certainly bodes well for rechargeof our reservoirs. We know that we have critical issues of waterremaining before us, but we have made progress and willcontinue to find solutions.

My standard for enhancing and preserving species iscooperation not conflict. In that same spirit, we are activelyworking to remove wolves from the Endangered Species list. It’sbeen nine years almost to the day since these predators wereimported into Idaho and their numbers have exploded at theexpense of our big game herds. The wolves have recoveredbiologically, now let’s get the federal bureaucracy out of the wayand let Idaho manage the wolves.

Speaking of good management, while many states were forcedto close parks and cut their recreation programs, Idaho was ableto open its 30th and newest state park this August, Castle RockState Park in Cassia County. It’s a wonderful addition to Idaho’sworld-class parks which are visited by more than 2 million peopleeach and every year.

If we continue to build our infrastructure and market Idaho tothe world, the visitors will come, and they’ll leave knowing thatIdaho is one of the most beautiful places on earth.

In Valley County, Tamarack is constructing the firstall-season resort to be built in the nation in over 20 years and it’salready gaining national attention. Just last week, theWashington Post named Tamarack as one of the top ten “HotDestinations” in the country. Tamarack not only represents thenewest asset in Idaho’s recreation and tourism portfolio, but it’salso bringing new jobs and an economic boost to Valley Countyand the state. I believe we will see the same synergy in the SilverValley with the expansion of Silver Mountain Resort.

We’re on course and gaining momentum. But we must nottake anything for granted.

The budget I submit to you tonight, two days early, isstructured to keep us on the path to recovery. It’s built on theprinciple of restraint, with a commitment to meet our legalobligations and ongoing support for basic services whileaggressively pursuing that which is working.

You will also note in the budget there’s virtually no capitaloutlay. There is $560,000 for the Idaho State Police. Whetherpatrolling our highways or investigating crimes, the members ofthe Idaho State Police need to have safe and reliable vehicles and


equipment. Day in and day out, they put their lives on the line tokeep our communities and our highways safe. I would ask you tojoin me in thanking all our dedicated law enforcementprofessionals in the Idaho State Police, as well as correctionofficers and parole officers.

Much work has been done in the area of corrections. As aresult of our efforts over the last year, the adult prison populationhas remained stable. This is due to the hard work and dedicationof the Department of Correction, the Parole Commission, and theJudiciary. Because of the success of these partnerships, mybudget provides no additional resources for prison populationincreases.

Again, we cannot afford to look at FY 2005 in a vacuum.Traditionally, we’ve had the luxury of budgeting one year at atime. While we always budget with a vision for the future, thisyear, we must look at the budget in terms of 24 months.

It is true that the national economy is recovering. Nationalunemployment is down to 5.7 percent and Idaho’s is at 4.8percent, the lowest since March of 2001. State revenues are upand in fact, we’re projecting an estimated $68 million carryoverfrom this proposed budget to meet our obligations two years fromnow.

On those facts alone, it could be tempting to relax and declarevictory. However, let me emphasize that we have not returned tothe boom days of the 1990’s. We are one more year into what isa multi-year path to recovery. If our numbers hold, by FY 2007I believe we will have turned the corner to where ongoingrevenues again match our projected growth. Until then, thecritical steps we took last year show that we’re willing to takeresponsibility and lead. This year, I’m asking you to join me incontinued budgetary restraint.

Let me remind you what will happen in two years when someof our existing financial resources go away. The $83 million ofone-time federal money is gone. The $170 million temporarysales tax revenue is gone. We have an additional payrollexpenditure of $20 million. So as we prepare, the key word is,indeed, restraint.

The budget challenges I just mentioned will only compoundthe demands on state resources. Therefore, we must be wise; wemust be prudent; we must have vision; and we must stand firm.

This budget meets the demands of short-term cyclicalproblems and we’re continuing to implement long-term structuralchanges that will result in better government.

We should be proud of the steps we have taken over the pastfew years that have positioned Idaho so well. But we must not becomplacent. While we have tremendous opportunities, we stillface significant challenges.

So, what’s the condition of Idaho? What’s the state of thestate? We can proudly say to our fellow Idahoans that this statestands tall among all 50 states. That we have demonstrated a

resolve and a resiliency in some of the toughest times imaginable.From a national recession and terrorist attacks to a war thatoverthrew a tyrant, we have remained strong.

Last year, when we were faced with difficult decisions, themedia and others questioned why I would expend the politicalcapital to lead out with tough medicine for our tough times.First, it was the right thing to do. Second, because for the rest ofmy life whenever I look young students in the eye, I’ll know thatI did right by them. I didn’t take the easy way out, and neitherdid you. It wasn’t about politics, it was about our future.

I’m proud to serve with you. The hard work we do insidethis historic building is paying dividends all across Idaho. Whenit gets tough, remember those graduates of Troy High School.Folks, you helped make that happen and you ought to be proud ofthat. On behalf of untold youngsters, I say thank you.

Tonight, I’m going to deliver to you a CD-ROM containingmy speech, my entire budget, and more information about thesuccess we’ve shared together. For the folks at home, this is allavailable on the Internet.

Every member of the Legislature will receive a CD with allthe details of my Executive Budget. The Division of FinancialManagement is preparing to address this tomorrow morning, twodays earlier than normal, as the Joint Finance and AppropriationsCommittee begins its deliberations.

We’re ready to go.

I also want you to reflect on this nail from Troy High School.Ladies and Gentlemen of the Idaho Legislature, here’s wherewe’ve been and here’s where we’re going.

One of the big blockbuster films of this past year, Seabiscuit,starred a good friend and fellow Idahoan, Gary Stevens, one ofthe greatest jockeys ever. The outstanding producers ofSeabiscuit, Frank Marshall and Kathleen Kennedy, who haveproduced some of the movie masterpieces of our day, chose topremier this epic film here in Idaho. If you haven’t seen themovie, I encourage all of you to see it with your family. I’m notgoing to give away the key parts of this, but it does affirm thatwhen you are on a very spirited, talented racehorse, there aretimes that you must keep tight hold of the reins and control thathorse. In fact, on the back stretch, you may even want to let acompetitor draw even with you so that your horse can look thechallenger in the eye because it will never allow anything toovertake it. Particularly in a long race, there are times to focusyour energy and be prepared for the final stretch. At the righttime, the reins can be loosened, the energy unleashed.

With the budget challenges we face this year, and next, wetoo must keep in mind the home stretch. It will require us tokeep a tight rein on our budget, and once we see those challengesof FY 2006 through, we should be able to loosen the reins and hitfull stride.


Ladies and gentlemen of the Legislature and fellow Idahoans,many states have entered this race to pull out of this nationalrecession. Idaho will go the distance, and we intend to win. Justlike that champion in the movie, Idaho is a champion.

Thank you, and God Bless America, and God Bless Idaho.Good night.

The Speaker thanked Governor Kempthorne.

The committee appointed to wait upon the Governor cameforward and escorted him to the gallery.

Chief Justice, Linda Copple-Trout, was introduced byRepresentative Field(18) and, spoke briefly to the Members ofthe Joint Session.

The Speaker thanked Chief Justice Linda Copple-Trout.

The committee appointed to wait upon the Governor cameforward and escorted him to his office and was, on its return,thanked and discharged by the Speaker.

The committee appointed to wait upon the Supreme CourtJustices and the Appellate Court Judges came forward andescorted them from the House Chamber and was, on its return,thanked and discharged by the Speaker.

The committee appointed to wait upon the Elected Officialscame forward and escorted them from the House Chamber andwas, on its return, thanked and discharged by the Speaker.

Mr. Denney moved that the Governor' s State of the StateMessage and Budget Address be printed in both the House andSenate Journals. Seconded by Ms. Jaquet.

The question being, "Shall the motion carry?"

Whereupon the Speaker declared the motion carried by voicevote and ordered the Governor' s State of the State Message andBudget Address printed in both the House and Senate Journals.

Mr. Denney moved that the Joint Session be dissolved.Seconded by Ms. Jaquet. Motion carried.

The Senate returned to its Chamber.

There being no objection, the House advanced to theSixteenth Order of Business.

Adjournment

Mr. Denney moved that the House adjourn until 11:15 a.m.,Tuesday, January 13, 2004. Seconded by Mrs. Boe. Motioncarried.

Whereupon the Speaker declared the House adjourned at8:29 p.m.

BRUCE NEWCOMB, Speaker

ATTEST:PAMM JUKER, Chief Clerk

SECOND LEGISLATIVE DAYTUESDAY, JANUARY 13, 2004


The House convened at 11:15 a.m., the Speaker in the Chair.

Roll call showed 65 members present.Absent and excused -- Bell, Gagner, Nielsen, Sali, Schaefer.



The Pledge of Allegiance was led by Chera Crane, Page.

Approval of Journal


We, your COMMITTEE ON JUDICIARY, RULES, ANDADMINISTRATION, report that we have read and approved theHouse Journal of the First Legislative Day and recommend thatsame be adopted as corrected.

FIELD(18), Chairman

Mrs. Field(18) moved that the report be adopted. Secondedby Mrs. Boe. Report adopted.


January 12, 2004

The Honorable Bruce NewcombSpeaker of the House

Dear Mr. Speaker:

As required by Section 57-1601, Idaho Code, I amtransmitting the following report of the Governor’s EmergencyFund for fiscal years 2003 and 2004:

Balance as of July 1, 2002 $83,744.48Balance as of June 30, 2003 $83,744.48Balance as of December 31, 2003 $83,744.48

Very truly yours, /s/ Dirk Kempthorne

Governor


I return herewith HCR 34 which has passed the Senate.WOOD, Secretary

HCR 34 was referred to the Judiciary, Rules, andAdministration Committee for enrolling.




We, your COMMITTEE ON JUDICIARY, RULES, ANDADMINISTRATION report that we have printed HR 5.

FIELD(18), Chairman

HR 5 was filed for second reading.



Mr. Denney moved that the following persons be approved asattaches to serve the House of Representatives for and during theSecond Regular Session of the Fifty-seventh Idaho Legislature.Seconded by Ms. Jaquet.

Chief Clerk .. . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . Pamm JukerAssistant Chief Clerk .. . . . . . . . . . . . . . . .. . . . . . . . . Verna M. GoeddertzDocket Clerk .. . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . Helen RobinsJournal Clerk .. . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . Janet HurdJournal Clerk .. . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . Forrest LudwigChaplain .. . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . Jim HardenbrookSergeant at Arms .. . . . . . . . . . . . . . . .. . . . . . . . . . . . . Judith K. ChristensenAssistant Sergeants at Arms .. . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . Al Noyes

Jim BortonAdministrative Assistant to Majority Leadership .. Susan FriedersAdministrative Assistant to MinorityLeadership .. . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . Amber Pence FinkSecretaries to Minority Leadership .. . . . . . . . . . . . . . . Jessica Gardetto

Krystal WhiteCathy Downs

Lounge Host . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . Dan WhiteAssistant Lounge Hostess . . . . . . . . . . . . . . . . .. . . . . . . . . . . . Dawn HeimerCommittee Secretaries:Agricultural Affairs . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . Vickie WinkleAppropriations .. . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . Pat HillerBusiness . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . Mary Lou MolitorEducation .. . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . Karen DanielsEnvironmental Affairs andCommerce and Human Resources .. . . . . . . . . . . . . . . .. . . . . Janet BryantHealth and Welfare .. . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . Jennifer O’KeifJudiciary, Rules, and Administration .. . . . . . . . . . . . . . Betty A. BakerLocal Government . . . . . . . . . . . . . . . . .. . . . . . . . Barbara Lee AllumbaughResources and Conservation .. . . . . . . . . . . . . . . .. . . . . . Susan WerlingerRevenue and Taxation .. . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . Kathryn L. YostAssistant Secretary to Revenue and Taxation .. . . . . . Peggy HeadyState Affairs . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . Teresa JonesTransportation and Defense .. . . . . . . . . . . . . . . .. . . . . . . . . . . Shani MurraySecretary/Receptionist(Chairmen' s Suite) . . . . . . . . Elfreda HigginsSecretary/Receptionist(J. R. Williams Bldg) . . . . . . . . . Glenna Ysen

Information Center:Director . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . Sue BurwellInformation Specialist . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . Marilyn BuxtonTelephone Operators . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. Jean Krogstad

Louise J. MagillMaryEllen Pierce

Heather ThienKaty Tollefson

Tour Guides .. . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . Susan KemptonMarva WertzPaul Higgins

Copy Machine Operators . . . . . . . . . . . . . . . . .. . . . . . . . . . . . Donna MorganGary Prestel

Pages:Sarah Ashmead Kara HarmonJamalyn Benson Elizabeth KeatonSpencer Black Alison KnoxHeather Callen Heidi LakeJessica Christensen Sarah MahaffyChera Crane Logan Pedrow

Whereupon the Speaker declared the motion carried by voicevote and administered the oath of office to the above namedattaches.


Adjournment

Mr. Denney moved that the House adjourn until 11:15 a.m.,Wednesday, January 14, 2004. Seconded by Ms. Jaquet.Motion carried.

Whereupon the Speaker declared the House adjourned at11:33 a.m.



THIRD LEGISLATIVE DAYWEDNESDAY, JANUARY 14, 2004



Roll call showed 65 members present.Absent and excused -- Gagner, Meyer, Sali, Schaefer,

Smith(30). Total -- 5.Total -- 70.


The Pledge of Allegiance was led by Heidi Lake, Page.

Approval of Journal


We, your COMMITTEE ON JUDICIARY, RULES, ANDADMINISTRATION, report that we have read and approved theHouse Journal of the Second Legislative Day and recommend thatsame be adopted as corrected.

FIELD(18), Chairman


There being no objection, the House advanced to the FifthOrder of Business.




We, your COMMITTEE ON JUDICIARY, RULES, ANDADMINISTRATION, report that we have enrolled HCR 34.

FIELD(18), Chairman

The Speaker announced he was about to sign enrolledHCR 34, and, when so signed, ordered it transmitted to theSenate for the signature of the President.

There being no objection, the House advanced to the TenthOrder of Business.

Second Reading of Bills and Joint Resolutions

HR 5, by Denney and Jaquet, was read the second time bytitle and filed for third reading.


Adjournment

Mr. Denney moved that the House adjourn until 11:15 a.m.,Thursday, January 15, 2004. Seconded by Ms. Jaquet. Motioncarried.




FOURTH LEGISLATIVE DAYTHURSDAY, JANUARY 15, 2004



Roll call showed 66 members present.Absent and excused -- Bedke, Deal, Ridinger, Schaefer.



The Pledge of Allegiance was led by Kara Harmon, Page.

Approval of Journal


We, your COMMITTEE ON JUDICIARY, RULES, ANDADMINISTRATION, report that we have read and approved theHouse Journal of the Third Legislative Day and recommend thatsame be adopted as corrected.

FIELD(18), Chairman




HOUSE RESOLUTION NO. 6 BY DENNEY AND JAQUET

A HOUSE RESOLUTIONFIXING THE COMPENSATION OF THE EMPLOYEES

OF THE HOUSE OF REPRESENTATIVES OF THE SECONDREGULAR SESSION OF THE FIFTY-SEVENTH IDAHOLEGISLATURE.

Be It Resolved by the House of Representatives of the State ofIdaho:

WHEREAS, House Rule 74 provides that the compensationof the employees of the House of Representatives shall be fixedby resolution of the House of Representatives.

NOW, THEREFORE, BE IT RESOLVED by the membersof the House of Representatives that the compensation of thevarious officers and employees of the House of Representativesof the Second Regular Session of the Fifty-seventh IdahoLegislature be fixed as follows:

Chief Clerk and Parliamentarian .. . . . . . . . . . . . . . . .. . . . $17.77 hourlyAssistant Chief Clerk .. . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . $13.95 hourlyDocket Clerk .. . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . $12.67 hourlyJournal Clerk .. . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . $12.67 hourlyChaplain .. . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . $17.45 hourlySergeant at Arms .. . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . $13.95 hourlyAssistant Sergeants at Arms .. . . . . . . . . . . . . . . .. . . . . . . . . $10.60 hourlyAdministrative Assistant to Majority Leadership .. $12.67 hourlyAdministrative Assistant to Minority Leadership .. $12.67 hourlySecretaries to Minority Leadership .. . . . . . . . . . . . . . . .. $10.60 hourlySecretary to Agricultural Affairs Committee .. . . . . . $10.60 hourlySecretary to Appropriations Committee .. . . . . . . . . . . . $11.67 hourlySecretary to Business Committee .. . . . . . . . . . . . . . . .. . . $10.60 hourlySecretary to Education Committee .. . . . . . . . . . . . . . . .. . $11.67 hourlySecretary to Environmental Affairs andCommerce and Human Resources Committees . . . . $11.67 hourlySecretary to Health and Welfare Committee .. . . . . . $10.60 hourlySecretary to Judiciary, Rules and AdministrationCommittee .. . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . $11.67 hourlySecretary to Local Government Committee .. . . . . . . $10.60 hourlySecretary to Resources and ConservationCommittee .. . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . $10.60 hourlySecretary to Revenue and Taxation Committee .. . . $11.67 hourlyAssistant Secretary to Revenue and TaxationCommittee .. . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . $10.60 hourlySecretary to State Affairs Committee .. . . . . . . . . . . . . . . $11.67 hourlySecretary to Transportation and Defense Committee .. . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . $10.60 hourlySecretaries/Receptionists . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . $10.60 hourlyCopy Machine Operators . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . $10.36 hourlyChief Lounge Host . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . $10.36 hourlyAssistant Lounge Host . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . $ 9.69 hourlyLegislative Public Information Center Director . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . $13.95 hourly Information Specialist . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . $10.60 hourly Telephone Operators . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . $10.36 hourly Tour Guides .. . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . $10.36 hourlyPages .. . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . $ 5.65 hourly


HR 6 was introduced, read the first time by title, and referredto the Judiciary, Rules, and Administration Committee forprinting.

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

HOUSE BILL NO. 473 BY TRANSPORTATION AND DEFENSE COMMITTEE

AN ACTRELATING TO BIDS ON THE STATE HIGHWAY

SYSTEM; AMENDING SECTION 40-902, IDAHO CODE, TOPROVIDE AN ADMINISTRATIVE REMEDY FOR A LOSINGBIDDER TO CONTEST A CONTRACT OFFER, TOPROVIDE FOR APPOINTMENT OF A HEARING OFFICERBY THE CHIEF ENGINEER UPON RECEIPT OF ANAPPLICATION, TO PROVIDE A CONTESTED CASEHEARING, TO PROVIDE FOR ENTERING A FINALORDER, TO AUTHORIZE THE CHIEF ENGINEER TOAWARD THE CONTRACT TO THE BIDDER DETERMINEDIN THE FINAL ORDER TO BE THE LOWEST AND BESTBIDDER AT A TIME AND IN A MANNER WHICH SHALLBE IN THE BEST INTEREST OF THE STATE AND TOMAKE TECHNICAL CORRECTIONS.


AN ACTRELATING TO MOTOR CARRIER REGISTRATION

AND AUDIT GUIDELINES; AMENDING SECTION 49-202,IDAHO CODE, TO PROVIDE PROPER TERMINOLOGYAND TO MAKE A TECHNICAL CORRECTION; ANDAMENDING SECTION 49-439, IDAHO CODE, TOTRANSFER MOTOR CARRIER AUDIT FUNCTIONS FROMTHE IDAHO TRANSPORTATION DEPARTMENT TO THESTATE TAX COMMISSION, TO REMOVE RULEMAKINGAUTHORITY OF THE IDAHO TRANSPORTATIONDEPARTMENT WITH RESPECT TO AUDIT PROCEDURES,TO AUTHORIZE THE STATE TAX COMMISSION TOGENERATE A NOTICE OF DEFICIENCY AND TODEVELOP A METHODOLOGY TO CALCULATE SUCH ANOTICE, TO PROVIDE THAT THE STATE TAXCOMMISSION SHALL PROVIDE THE CARRIER WITHNOTICE AND OPPORTUNITY TO USE THE APPEALSPROCESS PRIOR TO SUSPENSION OF REGISTRATION, TOPROVIDE THAT AN APPEAL OF A NOTICE OFDEFICIENCY SHALL BE IN ACCORDANCE WITHCERTAIN ESTABLISHED PROCEDURES OF THE STATETAX COMMISSION, AND TO PROVIDE THAT THEDEPARTMENT SHALL NOT REREGISTER OR PERMIT AVEHICLE TO OPERATE ON A TRIP PERMIT UNTIL ALLAUDIT ASSESSMENTS, PENALTIES AND INTERESTHAVE BEEN PAID.


AN ACTRELATING TO FUELS TAX AND REFUNDS;

AMENDING SECTION 63-2401, IDAHO CODE, TOEXPAND THE DEFINITION OF "RECREATIONALVEHICLE" TO INCLUDE ALL-TERRAIN VEHICLES; ANDAMENDING SECTION 63-2410, IDAHO CODE, TOPROVIDE THAT GASOLINE USED TO PROPEL ALL-TERRAIN VEHICLES NOT REQUIRED TO BE REGISTERED

UNDER MOTOR VEHICLE LAW OR UNDERRECREATIONAL ACTIVITIES LAW IS EXEMPT FROMFUEL TAX AND TO PROVIDE FOR REFUNDS PAYABLEON FUEL USED IN ALL-TERRAIN VEHICLES NOTREQUIRED TO BE REGISTERED UNDER MOTORVEHICLE LAW OR UNDER RECREATIONAL ACTIVITIESLAW.

H 473, H 474, and H 475 were introduced, read the firsttime by title, and referred to the Judiciary, Rules, andAdministration Committee for printing.

There being no objection, the House advanced to the EleventhOrder of Business.

Third Reading of Bills and Joint Resolutions

Mrs. Bell asked unanimous consent that HR 5 be returned tothe Ways and Means Committee. There being no objection, itwas so ordered.


Adjournment

Mr. Denney moved that the House adjourn until 8 a.m. ,Friday, January 16, 2004. Seconded by Ms. Jaquet. Motioncarried.

Whereupon the Speaker declared the House adjourned at11:27 a.m. BRUCE NEWCOMB, Speaker


FIFTH LEGISLATIVE DAYFRIDAY, JANUARY 16, 2004


The House convened at 8 a.m., Mr. Denney in the Chair.

Roll call showed 58 members present.Absent and excused -- Crow, Eberle, Garrett, Jaquet, Jones,

Martinez, McGeachin, Moyle, Ridinger, Sali, Schaefer,Mr. Speaker. Total -- 12.

Total -- 70.


The Pledge of Allegiance was led by Heather Callen, Page.

Approval of Journal


We, your COMMITTEE ON JUDICIARY, RULES, ANDADMINISTRATION, report that we have read and approved theHouse Journal of the Fourth Legislative Day and recommend thatsame be adopted as corrected. FIELD(18), Chairman





I return herewith enrolled HCR 34 which has been signed bythe President.

WOOD, Secretary

Enrolled HCR 34 was referred to the Judiciary, Rules, andAdministration Committee for delivery to the Secretary of State.



We, your COMMITTEE ON JUDICIARY, RULES, ANDADMINISTRATION report that we have printed HR 6, H 473,H 474, and H 475.

FIELD(18), Chairman

H 473, H 474, and H 475 were referred to the Transportationand Defense Committee.

HR 6 was filed for second reading.



Mrs. Ellsworth moved that all rules of the House interferingwith the immediate consideration of HR 6 be suspended; that theportions of Section 15, Article 3 of the Constitution of the Stateof Idaho, requiring all bills to be read on three several days bedispensed with, this being a case of urgency; and that HR 6 beread the first time by title, second time by title, and third time atlength, and placed before the House for final consideration.Seconded by Mrs. Boe.


Roll call resulted as follows:AYES -- Andersen, Barraclough, Barrett, Bauer, Bayer,

Bedke, Bell, Black, Block, Boe, Bolz, Bradford, Campbell,Cannon, Clark, Collins, Cuddy, Deal, Denney, Douglas,Edmunson, Ellsworth, Eskridge, Field(18), Field(23), Gagner,Harwood, Henbest, Kellogg, Kulczyk, Lake, Langford,Langhorst, McKague, Meyer, Miller, Mitchell, Naccarato,Nielsen, Pasley-Stuart, Raybould, Ring, Ringo, Roberts,Robison, Rydalch, Sayler, Shepherd, Shirley, Skippen,Smith(30), Smith(24), Snodgrass, Stevenson, Trail, Wills, Wood.Total -- 57.

NAYS -- None.Absent and excused -- Crow, Eberle, Garrett, Jaquet, Jones,

Martinez, McGeachin, Moyle, Ridinger, Sali, Schaefer, Smylie,Mr. Speaker. Total -- 13.

Total -- 70.

Whereupon the Acting Speaker declared that more than two-thirds of the membership having voted in the affirmative, themotion carried, the rules were suspended, and HR 6 was read thefirst time by title, second time by title, and third time at length,and placed before the House for final consideration.

At this time, the Acting Speaker recognized Mrs. Bell to opendebate.

The question being, "Shall HR 6 be adopted?"


Bedke, Bell, Black, Block, Boe, Bolz, Bradford, Campbell,Cannon, Clark, Collins, Cuddy, Deal, Denney, Douglas,Edmunson, Ellsworth, Eskridge, Field(18), Field(23), Gagner,Harwood, Henbest, Kellogg, Kulczyk, Lake, Langford,Langhorst, McKague, Meyer, Miller, Mitchell, Naccarato,Nielsen, Pasley-Stuart, Raybould, Ring, Ringo, Roberts,Robison, Rydalch, Sayler, Shepherd, Shirley, Skippen,Smith(30), Smith(24), Snodgrass, Stevenson, Trail, Wills, Wood.Total -- 57.

NAYS -- None.Absent and excused -- Crow, Eberle, Garrett, Jaquet, Jones,

Martinez, McGeachin, Moyle, Ridinger, Sali, Schaefer, Smylie,Mr. Speaker. Total -- 13.

Total -- 70.

Whereupon the Acting Speaker declared HR 6 adopted andordered the resolution filed in the Office of the Chief Clerk.


Adjournment

Mrs. Ellsworth moved that the House adjourn until11:15 a.m., Monday, January 19, 2004. Seconded by Mrs. Boe.Motion carried.

Whereupon the Acting Speaker declared the House adjournedat 8:13 a.m.

LAWERENCE DENNEY, Acting Speaker


EIGHTH LEGISLATIVE DAYMONDAY, JANUARY 19, 2004



Roll call showed 65 members present.Absent and excused -- Eskridge, Jones, Ridinger, Sali,

Shepherd. Total -- 5.Total -- 70.


The Pledge of Allegiance was led by Sarah Mahaffy, Page.

Approval of JournalJanuary 19, 2004

Mr. Speaker:We, your COMMITTEE ON JUDICIARY, RULES, AND

ADMINISTRATION, report that we have read and approved theHouse Journal of the Fifth Legislative Day and recommend thatsame be adopted as corrected. FIELD(18), Chairman






We, your COMMITTEE ON JUDICIARY, RULES, ANDADMINISTRATION, report that we have transmitted enrolledHCR 34 to the Secretary of State at 8:46 a.m., as of this date,January 16, 2004.

FIELD(18), Chairman

There being no objection, the House advanced to the EighthOrder of Business.


HOUSE BILL NO. 476 BY ROBISON AND CUDDY

AN ACTRELATING TO PROPERTY TAX REPLACEMENT;

AMENDING SECTION 33-1002D, IDAHO CODE, TOSTRIKE MAXIMUM AMOUNT RESTRICTIONS RELATINGTO APPROPRIATIONS FROM THE STATE TO SCHOOLDISTRICTS ASSOCIATED WITH THE REPLACEMENT OFA PORTION OF AUTHORIZED SCHOOL MAINTENANCEAND OPERATION PROPERTY TAX LEVIES WITH STATESALES TAX RECEIPTS; DECLARING AN EMERGENCYAND PROVIDING FOR RETROACTIVE APPLICATION.

HOUSE BILL NO. 477 BY REVENUE AND TAXATION COMMITTEE

AN ACTRELATING TO THE PROPERTY TAX; REPEALING

SECTION 63-602DD, IDAHO CODE, RELATING TO TAXESON CERTAIN PROPERTY DEFERRED FOR A TIMECERTAIN; AMENDING SECTION 63-303, IDAHO CODE,TO DELETE THE METHOD OF ASSESSMENT FORCERTAIN MANUFACTURED HOMES UNDER A DEALER' SPLATE OR AS A SHEEP AND COW CAMP; AMENDINGCHAPTER 6, TITLE 63, IDAHO CODE, BY THE ADDITIONOF A NEW SECTION 63-602DD, IDAHO CODE, TOEXEMPT FROM TAXATION CERTAIN MANUFACTUREDHOMES USED UNDER A DEALER'S PLATE OR AS ASHEEP AND COW CAMP; AND AMENDING SECTION63-602K, IDAHO CODE, TO PROVIDE THAT THE STATETAX COMMISSION SHALL PROMULGATE RULESSPECIFYING PROCEDURES BY WHICH IT SHALLESTABLISH ECONOMIC RENT, AVERAGE CROP RENTALAND CAPITALIZATION RATES, AND FOR THEPUBLICATION OF CROP PRICES AND THE DISCOUNTRATE TO BE USED TO DETERMINE THECAPITALIZATION RATE TO BE USED IN CALCULATINGTHE EXEMPTION OF THE SPECULATIVE PORTION OFTHE VALUE OF AGRICULTURAL LAND.


AN ACTRELATING TO TAXATION; AMENDING SECTION

63-217, IDAHO CODE, TO PERMIT USE OF PRIVATEDELIVERY SERVICES APPROVED BY THE INTERNALREVENUE SERVICE FOR FILING OF TAX RETURNS ANDOTHER TAX RELATED DOCUMENTS WITH THE STATETAX COMMISSION; AMENDING SECTION 63-3045, IDAHOCODE, TO CHANGE FROM OCTOBER 15 TO SEPTEMBER15 AS THE DATE THE INTEREST RATE ACCRUING UPONANY DEFICIENCY IS CALCULATED; AMENDINGSECTION 63-3056, IDAHO CODE, TO PROVIDE THAT ANACTION TO FORECLOSE A TAX LIEN MUST BEBROUGHT IN THE COUNTY IN WHICH THE PROPERTYIS LOCATED, TO PROVIDE TECHNICAL CORRECTIONSAND TO CLARIFY THE LIMITATION OF TIME FORBRINGING SUCH ACTIONS; AMENDING SECTION63-3060, IDAHO CODE, TO PROVIDE TECHNICALCORRECTIONS, TO DELETE REFERENCE TOCONSTABLES OR DEPUTIES AND TO UPDATEREFERENCE TO AGENT OF THE STATE TAXCOMMISSION; AMENDING SECTION 63-3061, IDAHOCODE, TO DELETE REFERENCE TO CONSTABLES ORDEPUTIES AND TO UPDATE REFERENCE TO AGENT OFTHE STATE TAX COMMISSION; AND AMENDINGSECTION 63-3062, IDAHO CODE, TO DELETEREFERENCE TO CONSTABLES OR DEPUTIES AND TOUPDATE REFERENCE TO AGENT OF THE STATE TAXCOMMISSION.


AN ACTRELATING TO UNCLAIMED PROPERTY; AMENDING

SECTION 14-517, IDAHO CODE, TO REQUIRE REPORTINGOF THE FULL NAME AND LAST KNOWN ADDRESS OFTHE INSURED OR ANNUITANT OR BENEFICIARY WHENUNCLAIMED FUNDS OF MORE THAN FIFTY DOLLARSHELD OR OWING UNDER ANY LIFE OR ENDOWMENTINSURANCE POLICY OR ANNUITY CONTRACT AREREPORTED AND TO REQUIRE THAT THE REPORT OFABANDONED PROPERTY MUST BE FILED NO LATERTHAN NOVEMBER FIRST OF EACH YEAR; AMENDINGSECTION 14-518, IDAHO CODE, TO PROVIDE THATPROPERTY ESCHEATS TO THE STATE OF IDAHO TENYEARS AFTE R IT IS RECEIVED BY THEADMINISTRATOR OF UNCLAIMED PROPERTY;AMENDING SECTION 14-523, IDAHO CODE, TO PROVIDETHAT THE STATE TAX COMMISSION SHALL RECORDTHE NAME AND LAST KNOWN ADDRESS OF THEPERSON ENTITLED TO THE PROPERTY WITHIN SIXTYDAYS OF TRANSFERRING EXCESS FUNDS FROM THEUNCLAIMED PROPERTY ACCOUNT; AND AMENDINGSECTION 14-543, IDAHO CODE, TO PROVIDE THATSTATEMENTS TO PURCHASERS SHALL SET FORTHAMOUNTS DUE BY THE HOLDER AND TO MAKE ATECHNICAL CORRECTION.

H 476, H 477, H 478, and H 479 were introduced, read thefirst time by title, and referred to the Judiciary, Rules, andAdministration Committee for printing.



Adjournment

Mr. Moyle moved that the House adjourn until 11:15 a.m.,Tuesday, January 20, 2004. Seconded by Ms. Jaquet. Motioncarried.




NINTH LEGISLATIVE DAYTUESDAY, JANUARY 20, 2004



Roll call showed 63 members present.Absent and excused -- Barraclough, Barrett, Bedke, Jones,

Meyer, Sali, Schaefer. Total -- 7.Total -- 70.



Approval of Journal


We, your COMMITTEE ON JUDICIARY, RULES, ANDADMINISTRATION, report that we have read and approved theHouse Journal of the Eighth Legislative Day and recommend thatsame be adopted as corrected.

FIELD(18), Chairman





We, your COMMITTEE ON JUDICIARY, RULES, ANDADMINISTRATION report that we have printed H 476, H 477,H 478, and H 479.

FIELD(18), Chairman

H 476, H 477, H 478, and H 479 were referred to theRevenue and Taxation Committee.



HOUSE BILL NO. 480 BY NACCARATO

AN ACTRELATING TO SPECIAL MOTOR VEHICLE LICENSE

PLATES; AMENDING SECTION 49-402, IDAHO CODE, TOPROVIDE A CODE REFERENCE AND TO MAKE ATECHNICAL CORRECTION; AMENDING CHAPTER 4,TITLE 49, IDAHO CODE, BY THE ADDITION OF A NEWSECTION 49-416A, IDAHO CODE, TO ESTABLISH ANHISTORIC LEWISTON SPECIAL LICENSE PLATEPROGRAM; AND PROVIDING AN EFFECTIVE DATE.


AN ACTRELATING TO THE IDAHO INCOME TAX ACT;

AMENDING SECTION 41-3821, IDAHO CODE, TOCLARIFY THE EXCLUSION FOR CERTAIN DIVIDENDSPAYABLE TO A MUTUAL INSURANCE STOCK HOLDINGCOMPANY OR INTERMEDIATE HOLDING COMPANY;AMENDING SECTION 63-3022, IDAHO CODE, TOPROVIDE A CORRECT REFERENCE TO THE INTERNALREVENUE CODE; AMENDING SECTION 63-3022A, IDAHOCODE, TO PROVIDE CHANGES IN RETIREMENT AGEUNDER THE SOCIAL SECURITY ACT AND TO PROVIDEA DEFINITION OF DISABLED; AMENDING SECTION63-3022D, IDAHO CODE, TO CLARIFY THAT TOQUALIFY FOR THE DEDUCTION FOR CERTAINEXPENSES FOR HOUSEHOLD AND DEPENDENT CARE,SERVICES MUST BE PAID BY THE INDIVIDUALMAINTAINING THE HOUSEHOLD; AMENDING SECTION63-3022N, IDAHO CODE, TO PROVIDE A CORRECTCITATION; AMENDING SECTION 63-3035A, IDAHOCODE, TO UPDATE THE INCOME TAX WITHHOLDINGRATE APPLICABLE TO LOTTERY WINNINGS; ANDDECLARING AN EMERGENCY AND PROVIDING ARETROACTIVE EFFECTIVE DATE.

HOUSE BILL NO. 482 BY RESOURCES AND CONSERVATION COMMITTEE

AN ACTRELATING TO FISH AND GAME; AMENDING

SECTION 36-416, IDAHO CODE, TO REVISE CERTAINFEES.

HOUSE BILL NO. 483 BY BUSINESS COMMITTEE

AN ACTRELATING TO LICENSURE BY THE IDAHO BOARD

OF COSMETOLOGY; AMENDING SECTION 54-805, IDAHOCODE, TO ELIMINATE A REQUIREMENT OF WORKEXPERIENCE FOR INSTRUCTOR LICENSES AND TOMAKE TECHNICAL CORRECTIONS.


AN ACTRELATING TO RECORDING OF SURVEYS;

AMENDING SECTION 55-1902, IDAHO CODE, TOINCLUDE A DEFINITION OF "BASIS OF BEARING"; AND


AMENDING SECTION 55-1906, IDAHO CODE, TOCLARIFY REQUIRED CONTENTS OF RECORDS OFSURVEY.


AN ACTRELATING TO PROFESSIONAL ENGINEERS AND

PROFESSIONAL LAND SURVEYORS; AMENDINGSECTION 54-1212, IDAHO CODE, TO CLARIFYEDUCATION, EXAMINATION AND GRADUATEE D U C A T I O N R E Q U I R E M E N T S T O M E E TQUALIFICATIONS FOR LICENSURE; AMENDINGSECTION 54-1212, IDAHO CODE, AS AMENDED BYSECTION 1, CHAPTER 125, LAWS OF 2002, AS AMENDEDBY SECTION 2, CHAPTER 15, LAWS OF 2003, TOCLARIFY EDUCATION, EXAMINATION AND GRADUATEE D U C A T I O N R E Q U I R E M E N T S T O M E E TQUALIFICATIONS FOR LICENSURE; AMENDINGSECTION 54-1213, IDAHO CODE, TO CLARIFY THAT THEBOARD MAY CHARGE APPLICANTS FOR THE COST OFADMINISTRATION OF EXAMINATIONS; AMENDINGSECTION 54-1220, IDAHO CODE, TO CLARIFYAUTHORITY OF THE EXECUTIVE DIRECTOR INDISCIPLINARY ACTIONS; AND AMENDING CHAPTER 12,TITLE 54, IDAHO CODE, BY THE ADDITION OF A NEWSECTION 54-1236, IDAHO CODE, TO SPECIFYEXCLUSIVE JURISDICTION OF THE STATE AND TOPROHIBIT REQUIREMENTS FOR ADDITIONAL LICENSESOR FEES.


AN ACTRELATING TO THE SCOPE OF AUTHORITY OF THE

BOARD OF REAL ESTATE APPRAISERS; AMENDINGSECTION 54-4105, IDAHO CODE, TO FURTHER DEFINEEXEMPTIONS AND TO MAKE A TECHNICALCORRECTION.


AN ACTRELATING TO INSURANCE; AMENDING SECTION

41-345, IDAHO CODE, TO DELETE THE REQUIREMENTTHAT INSURERS FILE COPIES OF REPORTS WITH THEN A T I O N A L A S S O CI AT I ON OF I N S U R AN C ECOMMISSIONERS.


AN ACTRELATING TO THE STATE INSURANCE FUND;

AMENDING SECTION 72-914, IDAHO CODE, TO PROVIDETHAT THE STATE INSURANCE FUND SHALL BEEXAMINED BY THE DEPARTMENT OF INSURANCE ATLEAST ONCE EVERY FIVE YEARS.


AN ACTRELATING TO SELF-FUNDED HEALTH CARE

PLANS; AMENDING SECTION 41-4003, IDAHO CODE, TOINCREASE APPLICABLE DEDUCTIBLE AND OBLIGATION

AMOUNTS OF SELF-FUNDED PLANS FOR PURPOSES OFDETERMINING EXEMPTION FROM REGISTRATIONREQUIREMENTS AND TO MAKE A TECHNICALCORRECTION.


AN ACTRELATING TO SURPLUS LINES INSURERS;

AMENDING SECTION 41-1217, IDAHO CODE, TOREQUIRE ELIGIBLE SURPLUS LINES INSURERS TONOTIFY THE DIRECTOR OF ANY CHANGES TO THEINSURER' S NAME, ADDRESS OR STATE OF DOMICILEWITHIN SIXTY DAYS.


AN ACTRELATING TO SUSPENSION OF INSURER

CERTIFICATES OF AUTHORITY; AMENDING SECTION41-329, IDAHO CODE, TO PROVIDE THAT THEDIRECTOR MAY ISSUE NEW ORDERS OF SUSPENSION,TO PROVIDE THAT CERTIFICATES OF AUTHORITYSHALL BE DEEMED TERMINATED AT THE END OF THESUSPENSION PERIOD IF NOT REINSTATED OR IF A NEWORDER OF SUSPENSION IS NOT ISSUED AND TO MAKEA TECHNICAL CORRECTION.


AN ACTRELATING TO AUTHORIZATION OF INSURERS;

AMENDING SECTION 41-319, IDAHO CODE, TO REQUIREFOREIGN CORPORATIONS TO SUBMIT ONE COPY ANDDOMESTIC CORPORATIONS TO SUBMIT THREE COPIESOF SPECIFIED CORPORATE DOCUMENTS WITH ANAPPLICATION FOR AN ORIGINAL CERTIFICATE OFA U T H OR I T Y AND TO DE L E T E D OC U M E NTR E Q U IR E M E N T S R ELATIN G TO WOR K E R ' SCOMPENSATION INSURERS AND AUTHORIZEDREPRESENTATION.


AN ACTRELATING TO FOREIGN AND ALIEN INSURERS;

AMENDING SECTION 41-316, IDAHO CODE, TO CLARIFYAN EXCEPTION TO THE REQUIREMENT OF DEPOSITBASED UPON A CERTIFICATE FROM THE INSURER' SSTATE OF DOMICILE AND TO MAKE A TECHNICALCORRECTION; REPEALING SECTION 41-317, IDAHOCODE, RELATING TO SPECIAL DEPOSITS FOR FOREIGNOR ALIEN INSURE RS WRITING WORKMEN' SCOMPENSATION COVERAGES IN IDAHO; AMENDINGSECTIONS 41-319 AND 41-802, IDAHO CODE, TOREMOVE LANGUAGE REFERENCING SPECIAL DEPOSITSFOR WORKER' S COMPENSATION COVE RAGE;AMENDING SECTION 41-803, IDAHO CODE, TO REMOVEA CODE REFERENCE; AMENDING SECTION 41-804,IDAHO CODE, TO REMOVE OBSOLETE LANGUAGEAPPLICABLE TO SPECIAL DEPOSITS FOR WORKMEN' SCOMPENSATION COVERAGE; AND AMENDING SECTION41-810, IDAHO CODE, TO REMOVE OBSOLETE


LANGUAGE APPLICABLE TO SPECIAL DEPOSITS FORWORKMEN' S COMPENSATION COVERAGE AND TOMAKE TECHNICAL CORRECTIONS.


AN ACTRELATING TO INSURER REQUIREMENTS;

AMENDING SECTION 41-311, IDAHO CODE, TO LIMITTHE ABILITY OF AN INSURER TO TRANSACTI N S U RA N C E I N I DA H O BA SE D O N T HECHARACTERISTICS OF THE BUSINESS NAME OF THEINSURER AND TO AUTHORIZE THE DIRECTOR OF THEDEPARTMENT OF INSURANCE TO PERMIT OR REQUIREAN INSURER TO SUPPLEMENT OR MODIFY A BUSINESSNAME IN THE CASE OF A CONFLICT OF NAMES.


AN ACTRELATING TO THE DEPARTMENT OF INSURANCE;

AMENDING SECTION 41-210, IDAHO CODE, TOAUTHORIZE THE DIRECTOR TO SPECIFY THE PLACEAND MANNER OF FILING OF DOCUMENTS.


AN ACTRELATING TO INDIVIDUAL DEFERRED ANNUITIES;

AMENDING SECTION 41-1927A, IDAHO CODE, TOREVISE MINIMUM NONFORFEITURE AMOUNTSAPPLICABLE TO ANNUITY CONTRACTS ISSUED BYINSURERS, TO AUTHORIZE THE DIRECTOR TO ADOPTRULES AND TO MAKE A TECHNICAL CORRECTION;A N D PRO V I D IN G E F F E C TI VE D AT E S F ORNONFORFEITURE AMOUNT PROVISIONS.



41-335, IDAHO CODE, TO PROVIDE THAT ANNUALSTATEMENTS SHALL BE PREPARED IN ACCORDANCEWITH SPECIFIED STANDARDS OF THE NATIONALASSOCIATION OF INSURANCE COMMISSIONERS ANDREVISIONS TO SUCH STANDARDS AS ADOPTED BY THEDIRECTOR, TO PROVIDE CORRECT TERMINOLOGY ANDTO MAKE GRAMMATICAL CORRECTIONS.


AN ACTRELATING TO THE BUREAU OF OCCUPATIONAL

LICENSES; AMENDING SECTION 67-2609, IDAHO CODE,TO AUTHORIZE THE BUREAU TO CONDUCT HEARINGSAND PROCEEDINGS TO REVOKE, SUSPEND, REFUSEISSUANCE OR REFUSE RENEWAL OF LICENSES,CERTIFICATES OR AUTHORITIES, TO AUTHORIZE THEBUREAU TO SUSPEND OR REFUSE ISSUANCE OF SUCHLICENSES, CERTIFICATES OR AUTHORITIES, TOA U T H OR IZ E T H E BU R E A U T O C O N D U CTINVESTIGATIONS INTO VIOLATIONS, TO REQUIREREGULATED PROFESSIONALS TO ANSWER QUESTIONSAND PRODUCE DOCUMENTS, TO PROVIDE THAT

FAILURE TO DISCLOSE REQUESTED INFORMATIONSHALL BE GROUNDS FOR DISCIPLINE, TO PROVIDE FORTHE FILING OF A PETITION TO MODIFY OR SET ASIDEAN INVESTIGATIVE DEMAND AND TO PROVIDE THATSUCH PETITION FILING SHALL NOT CONSTITUTEMISCONDUCT OR GROUNDS FOR DISCIPLINE EXCEPTIN SPECIFIED CIRCUMSTANCES.


AN ACTRELATING TO DOMESTIC STOCK INSURERS;

AMENDING SECTION 41-2826, IDAHO CODE, TOPROVIDE THAT DOMESTIC STOCK INSURERS MAYAMEND THEIR BYLAWS AS PROVIDED BY STATE LAW.

HOUSE BILL NO. 500 BY STATE AFFAIRS COMMITTEE

AN ACTRELATING TO AN ELECTION CANDIDATE

DISAGREEING WITH RECOUNT RESULTS; AMENDINGSECTION 34-2308, IDAHO CODE, TO PROVIDE WHEN ACANDIDATE MAY APPEAL THE RESULTS OF ARECOUNT OR THE DETERMINATION THAT A RECOUNTIS NOT NECESSARY, TO REVISE PROCEDURES AND TOPROVIDE FOR THE AWARD OF COSTS ANDATTORNEY' S FEES.


AN ACTRELATING TO CIVIL LIABILITY; AMENDING

CHAPTER 9, TITLE 6, IDAHO CODE, BY THE ADDITIONOF A NEW SECTION 6-930, IDAHO CODE, TO PROVIDEFOR NO PERSONAL LIABILITY IN CERTAIN INSTANCESFOR INDIVIDUALS SERVING ON GOVERNING BOARDSOF GOVERNMENTAL UNITS, BOARDS OR AGENCIES OROF G O VE R N M E N T AL C O RP O R AT IONS; AN DDECLARING AN EMERGENCY.


AN ACTR E L A T I N G T O T E L E C O M M U N I C A T I O N

REGULATION; AMENDING SECTION 62-604, IDAHOCODE, TO PRESCRIBE AN ELECTION BY THECORPORATION TO GOVERN APPLICABILITY OF THECHAPTER TO CERTAIN TELEPHONE CORPORATIONSAND TO MAKE A TECHNICAL CORRECTION; ANDAMENDING SECTION 62-605, IDAHO CODE, TO PROVIDECONTINUING AUTHORITY OF THE COMMISSIONRELATING TO TELECOMMUNICATION SERVICESSUBJECT TO CHAPTER 6, TITLE 62, IDAHO CODE, ANDPROVIDING FOR COMMISSION REPORTS TO THEGOVERNOR AND THE LEGISLATURE.

H 480, H 481, H 482, H 483, H 484, H 485, H 486, H 487,H 488, H 489, H 490, H 491, H 492, H 493, H 494, H 495,H 496, H 497, H 498, H 499, H 500, H 501, and H 502 wereintroduced, read the first time by title, and referred to theJudiciary, Rules, and Administration Committee for printing.



Adjournment

Mr. Denney moved that the House adjourn until 11:15 a.m.,Wednesday, January 21, 2004. Seconded by Ms. Jaquet.Motion carried.




TENTH LEGISLATIVE DAYWEDNESDAY, JANUARY 21, 2004



Roll call showed 64 members present.Absent and excused -- Barraclough, Boe, Henbest, Jones,

Lake, Sali. Total -- 6.Total -- 70.


The Pledge of Allegiance was led by Logan Pedrow, Page.

Approval of Journal


We, your COMMITTEE ON JUDICIARY, RULES, ANDADMINISTRATION, report that we have read and approved theHouse Journal of the Ninth Legislative Day and recommend thatsame be adopted as corrected.

FIELD(18), Chairman





We, your COMMITTEE ON JUDICIARY, RULES, ANDADMINISTRATION report that we have printed H 480, H 481,H 482, H 483, H 484, H 485, H 486, H 487, H 488, H 489,H 490, H 491, H 492, H 493, H 494, H 495, H 496, H 497,H 498, H 499, H 500, H 501, and H 502.

FIELD(18), Chairman

H 480 was referred to the Transportation and DefenseCommittee.

H 481 was referred to the Revenue and Taxation Committee.

H 482 was referred to the Resources and ConservationCommittee.

H 483, H 484, H 485, H 486, H 487, H 488, H 489, H 490,H 491, H 492, H 493, H 494, H 495, H 496, H 497, H 498, andH 499 were referred to the Business Committee.

H 500, H 501, and H 502 were referred to the State AffairsCommittee.


We, your COMMITTEE ON TRANSPORTATION ANDDEFENSE, report that we have had under consideration H 475and recommend that it do pass.

WOOD, Chairman

H 475 was filed for second reading.



HOUSE BILL NO. 503 BY APPROPRIATIONS COMMITTEE

AN ACTAPPROPRIATING ADDITIONAL MONEYS TO THE

DEPARTMENT OF WATER RESOURCES FOR FISCALYEAR 2004; AND DECLARING AN EMERGENCY.


AN ACTRELATING TO TRANSFERS OF FUNDS; PROVIDING

A TRANSFER OF FUNDS TO THE PEST CONTROLDEFICIENCY FUND; PROVIDING A TRANSFER OFFUNDS TO THE FIRE SUPPRESSION DEFICIENCY FUND;PROVIDING TRANSFERS OF FUNDS TO THEHAZARDOUS SUBSTANCE EMERGENCY RESPONSEFUND; AND DECLARING AN EMERGENCY.


AN ACTRELATING TO PROPERTY TAX APPEALS;

AMENDING SECTION 63-3811, IDAHO CODE, TO DELETEREFERENCE TO A STATUTE THAT IS NO LONGERAPPLICABLE TO TAX APPEALS.


AN ACTRELATING TO PROPERTY TAX APPEALS;

AMENDING SECTION 63-3812, IDAHO CODE, TOCLARIFY THE PROCEDURE TO FILE AN APPEAL TODISTRICT COURT AND TO PROVIDE A TECHNICALCORRECTION.



AN ACTRELATING TO SLOW MOVING VEHICLES;

AMENDING SECTION 49-619, IDAHO CODE, TO CLARIFYOPERATION OF SLOW MOVING VEHICLES ON PUBLICHIGHWAYS.


AN ACTRELATING TO THE JUDGES' RETIREMENT FUND;

AMENDING SECTION 1-2008, IDAHO CODE, TO PROVIDETHAT THE ENDOWMENT FUND INVESTMENT BOARDAS ESTABLISHED IN CODE SHALL SELECT ANDCONTRACT WITH INVESTMENT MANAGERS AT THEDIRECTION OF THE SUPREME COURT, TO REVISE THEINVESTMENT AUTHORITY RELATING TO THE JUDGES'RETIREMENT FUND, TO MAKE GRAMMATICALCORRECTIONS AND TO PROVIDE THAT THEINVESTMENT BOARD MAY SELECT AND CONTRACTWITH BANKS AND TRUST COMPANIES LICENSED TO DOBUSINESS IN IDAHO; DECLARING AN EMERGENCY ANDPROVIDING FOR RETROACTIVE APPLICATION.


AN ACTRELATING TO THE IDAHO ENDOWMENT FUND

INVESTMENT BOARD; AMENDING SECTION 57-720,IDAHO CODE, TO PROVIDE THAT PERMANENTENDOWMENT FUNDS AND EARNINGS RESERVE FUNDSMAY BE COMBINED OR POOLED FOR INVESTMENTAND TO PROVIDE CORRECT TERMINOLOGY;DECLARING AN EMERGENCY AND PROVIDING FORRETROACTIVE APPLICATION.


AN ACT RELATING TO STATE LANDS; AMENDING SECTION

47-701, IDAHO CODE, TO PROVIDE AN EXCEPTION FORRESERVING MINERAL LANDS FROM SALE WHEN THESURFACE ESTATE IS IDENTIFIED BY THE STATE BOARDOF LAND COMMISSIONERS AS HAVING THE POTENTIALHIGHEST AND BEST USE FOR DEVELOPMENTPURPOSES, SUCH AS RESIDENTIAL, COMMERCIAL ORINDUSTRIAL PURPOSES AND TO PROVIDE THAT APURCHASER OF LANDS MAY ACQUIRE RIGHT, TITLEOR INTEREST IN THE MINERAL DEPOSITS; AMENDINGSECTION 47-711, IDAHO CODE, TO PROVIDE FOR THESALE OF LANDS AS A SINGLE ESTATE WHEN THESTATE LAND IS IDENTIFIED AS HAVING THE HIGHESTAND BEST USE FOR DEVELOPMENT PURPOSES SUCH ASRESIDENTIAL, COMME RCIAL OR INDUSTRIALPURPOSES, TO PROVIDE FOR RESERVATION OFMINERAL DEPOSITS IN CERTAIN INSTANCES AND TOMAKE TECHNICAL CORRECTIONS; AND AMENDINGSECTION 47-712, IDAHO CODE, TO PROVIDE THAT ALLAPPLICATIONS TO PURCHASE THOSE STATE LANDSTHAT HAVE NOT BEEN IDENTIFIED AS HAVING THEPOTEN TIAL HIGHEST AND BEST USE FORDEVELOPMENT PURPOSES, SUCH AS RESIDENTIAL,COMMERCIAL OR INDUSTRIAL PURPOSES APPROVED

SUBSEQUENT TO THE PASSAGE OF THIS CHAPTERSHALL BE SUBJECT TO A RESERVATION TO THE STATEOF ALL MINERAL DEPOSITS IN THE LAND.


AN ACTRELATING TO THE STATE BOARD OF LAND

COMMISSIONERS; AMENDING SECTION 58-104, IDAHOCODE, TO PROVIDE THAT THE STATE BOARD OF LANDCOMMISSIONERS SHALL HAVE POWER TO SOLICITBIDS AND CONTRACT FOR WORK TO BE PERFORMED.


AN ACTRELATING TO THE IDAHO INSURANCE GUARANTY

ASSOCIATION; AMENDING SECTION 41-3616, IDAHOCODE, TO PROVIDE THAT A MEMBER INSURER MAYOFFSET AGAINST ITS PREMIUM TAX LIABILITY THEASSESSMENT IMPOSED FOR OBLIGATIONS OF THEINSURANCE GUARANTY ASSOCIATION AND TOPROVIDE FOR DEPOSIT OF CERTAIN REFUNDS TO THESTATE GENERAL FUND; DECLARING AN EMERGENCYAND PROVIDING A RETROACTIVE EFFECTIVE DATE.

HOUSE JOINT RESOLUTION NO. 4 BY STATE AFFAIRS COMMITTEE

A JOINT RESOLUTIONPROPOSING AN AMENDMENT TO SECTION 8,

ARTICLE IX, OF THE CONSTITUTION OF THE STATE OFIDAHO, RELATING TO LOCATION AND DISPOSITION OFPUBLIC LANDS, TO INCREASE THE ACREAGE OF STATELANDS THAT MAY BE SOLD IN SUBDIVISIONS BY THESTATE BOARD OF LAND COMMISSIONERS FROM THREEHUNDRED TWENTY TO SIX HUNDRED FORTY ACRESOF LANDS WHICH MAY BE SOLD TO ANY ONEINDIVIDUAL, COMPANY OR CORPORATION; STATINGTHE QUESTION TO BE SUBMITTED TO THEELECTORATE; DIRECTING THE LEGISLATIVE COUNCILTO PREPARE THE STATEMENTS REQUIRED BY LAW;AND DIRECTING THE SECRETARY OF STATE TOPUBLISH THE AMENDMENT AND ARGUMENTS ASREQUIRED BY LAW.

H 503, H 504, H 505, H 506, H 507, H 508, H 509, H 510,H 511, H 512, and HJR 4 were introduced, read the first timeby title, and referred to the Judiciary, Rules, and AdministrationCommittee for printing.


Adjournment

Mr. Denney moved that the House adjourn until 11:15 a.m.,Thursday, January 22, 2004. Seconded by Ms. Jaquet. Motioncarried.




ELEVENTH LEGISLATIVE DAYTHURSDAY, JANUARY 22, 2004



Roll call showed 68 members present.Absent and excused -- Barrett, Schaefer. Total -- 2.Total -- 70.


The Pledge of Allegiance was led by Jamalyn Benson, Page.

Approval of Journal


We, your COMMITTEE ON JUDICIARY, RULES, ANDADMINISTRATION, report that we have read and approved theHouse Journal of the Tenth Legislative Day and recommend thatsame be adopted as corrected.

FIELD(18), Chairman




At this time, the Speaker put the House at ease.

At this time, Representative Jaquet introducedMayor David Bieter, who spoke briefly to the Members of theHouse.

Prior to going at ease, the House was at the Fifth Order ofBusiness.



We, your COMMITTEE ON JUDICIARY, RULES, ANDADMINISTRATION report that we have printed H 503, H 504,H 505, H 506, H 507, H 508, H 509, H 510, H 511, H 512, andHJR 4. FIELD(18), Chairman

H 505, H 506, and H 512 were referred to the Revenue andTaxation Committee.


H 508 was referred to the Judiciary, Rules, andAdministration Committee.

H 509, H 510, H 511, and HJR 4 were referred to the StateAffairs Committee.

H 503 and H 504 were filed for second reading.



HOUSE CONCURRENT RESOLUTION NO. 35 BY TRAIL

A CONCURRENT RESOLUTIONSTATING LEGISLATIVE FINDINGS AND AFFIRMING

THE MANDATES FOR OPEN MEETINGS AS SET FORTHIN IDAHO' S OPEN MEETING LAW AND DIRECTING ALLLEVELS OF GOVERNMENT TO FOLLOW THEREQUIREMENTS OF THE OPEN MEETING LAW.


WHEREAS, the goal of Idaho' s open meeting law is toadvance democracy by providing broad access to governmentaldecision-making; and

WHEREAS, the open meeting law is intended to eliminatesecrecy surrounding deliberations and decisions on which publicpolicy is based; and

WHEREAS, open meetings are integral to the citizenry' strust in the Idaho Legislature; and

WHEREAS, the credibility of the legislative process dependsupon an informed public that is able to provide input at meetingsat which state policy is discussed; and

WHEREAS, when open meeting laws are violated, it createsthe appearance that secret deals are being concluded behind doorsclosed to the public and other interested parties.

NOW, THEREFORE, BE IT RESOLVED by the membersof the Second Regular Session of the Fifty-seventh IdahoLegislature, the House of Representatives and the Senateconcurring therein, that the Idaho Legislature does hereby affirmthe mandates for open meetings as set forth in Idaho' s openmeeting law and directs all levels of government, includingcommittees of the Idaho Legislature, to strictly follow therequirements of such law.

HCR 35 was introduced, read the first time by title, andreferred to the Judiciary, Rules, and Administration Committeefor printing.


HOUSE BILL NO. 513 BY MITCHELL AND MEYER

AN ACTRELATING TO MOTOR VEHICLES; AMENDING

SECTION 49-1401, IDAHO CODE, TO DELETEREFERENCE TO INATTENTIVE DRIVING; ANDAMENDING CHAPTER 14, TITLE 49, IDAHO CODE, BYTHE ADDITION OF A NEW SECTION 49-1401A, IDAHOCODE, TO PROVIDE THE INFRACTION OF INATTENTIVEDRIVING AND TO PROVIDE A PENALTY.



DEPARTMENT OF INSURANCE FOR FISCAL YEAR 2004;


AUTHORIZING AN ADDITIONAL FULL-TIM EEQUIVALENT POSITION; AND DECLARING ANEMERGENCY.


AN ACTRELATING TO LEASES OF STATE LANDS;

AMENDING SECTION 58-307, IDAHO CODE, TO PROVIDEAUTHORITY FOR THE STATE BOARD OF LANDCOMMISSIONERS TO LEASE ALL ENDOWMENT LANDSFOR A LEASE PERIOD OF UP TO FORTY-NINE YEARSFOR COMMERCIAL PURPOSES, TO REVISE THEDEFINITION OF "COMMERCIAL PURPOSES" AND TOPROVIDE APPLICATION TO MINERAL LEASES ONSTATE LANDS.


AN ACTRELATING TO PROPERTY TAX RELIEF; AMENDING

SECTION 63-602G, IDAHO CODE, TO REVISE THEDEFINITION OF "OWNER" BY DELETING REFERENCETO GRANTOR TRUSTS, BY INCLUDING ANY PERSONWHO IS THE BENEFICIARY OF A REVOCABLE ORIRREVOCABLE TRUST, BY DELETING AFFIDAVITPROCEDURES AND BY REFERENCING THE AFFIDAVITPROCEDURES IN CHAPTER 7, TITLE 63, IDAHO CODE;AMENDING SECTION 63-701, IDAHO CODE, TO REVISEDEFINITIONS AND TO MAKE A TECHNICALCORRECTION; AMENDING SECTION 63-702, IDAHOCODE, TO CLARIFY THE DATES TO WHICHCONDITIONS APPLY WHEN FILING A CLAIM;AMENDING SECTION 63-703, IDAHO CODE, TO REVISETHE TERM "OWNER" BY INCLUDING PERSONSINVOLVED IN REVOCABLE AND IRREVOCABLETRU STS, PARTNERSHIPS, LIMITED LIABILITYCOMPANIES OR CORPORATIONS AND DEPENDING ONSPECIFIED CONDITIONS OF INVOLVEMENT WITH SUCHENTITIES, TO PROVIDE FOR AN AFFIDAVIT FOR TRUSTOWNERSHIP AND AN AFFIDAVIT FOR ENTITYOWNERSHIP AND TO DELE TE REDU NDANTLANGUAGE; AMENDING SECTION 63-707, IDAHO CODE,TO REVISE THE INFORMATION COUNTY ASSESSORSPROVIDE WHEN PREPARING THE PROPERTY TAXREDUCTION ROLL, TO CLARIFY LANGUAGE RELATINGTO MARITAL STATUS AND TO SPECIFY INFORMATIONTHE STATE TAX COMMISSION SHALL CERTIFY TO THECOUNTY AUDITOR AND TAX COLLECTOR REGARDINGPROPERTY TAX REDUCTION CLAIMS FOR EACHCOUNTY; AMENDING SECTION 63-709, IDAHO CODE, TODELETE REDUNDANT LANGUAGE; AMENDINGSECTION 63-710, IDAHO CODE, TO PROVIDE A CORRECTCODE REFERENCE; DECLARING AN EMERGENCY ANDPROVIDING A RETROACTIVE EFFECTIVE DATE.


AN ACTRELATING TO INITIATIVE OR REFERENDUM

ELECTIONS; REPEALING SECTION 34-1805, IDAHOCODE; AMENDING CHAPTER 18, TITLE 34, IDAHOCODE, BY THE ADDITION OF A NEW SECTION 34-1805,IDAHO CODE, TO PROVIDE MINIMUM SIGNATURE

REQUIREMENTS FOR INITIATIVE OR REFERENDUMPETITIONS; AMENDING SECTION 34-1801A, IDAHOCODE, TO REVISE PETITION REQUIREMENTS;AMENDING SECTION 34-1802, IDAHO CODE, TOPROVIDE FOR PROCESSING OF PETITIONS THAT ARESUBMITTED TO A COUNTY CLERK BEFORE THEDEADLINE FOR SUBMISSION OF THE PETITION AND TOPROVIDE APPLICATION TO FORMS UTILIZED;AMENDING SECTION 34-1804, IDAHO CODE, TOPROVIDE THAT SIGNATURE SHEETS SHALL CONTAINSIGNATURES OF QUALIFIED ELECTORS FROM ONLYONE COUNTY AND LEGISLATIVE DISTRICT; ANDAMENDING SECTION 34-1807, IDAHO CODE, TOPROVIDE THAT SIGNERS SHALL RESIDE IN ALEGISLATIVE DISTRICT AND TO MAKE A TECHNICALCORRECTION.

HOUSE BILL NO. 518 BY JUDICIARY, RULES, AND ADMINISTRATION

COMMITTEE AN ACT

RELATING TO THE INTERSTATE COMPACT FORJUVENILES; REPEALING CHAPTER 19, TITLE 16, IDAHOCODE; AMENDING TITLE 16, IDAHO CODE, BY THEADDITION OF A NEW CHAPTER 19, TITLE 16, IDAHOCODE, AUTHORIZING AND DIRECTING THE GOVERNOROF THE STATE OF IDAHO TO EXECUTE THEINTERSTATE COMPACT FOR JUVENILES ON BEHALF OFTHE STATE, PROVIDING THE PURPOSE OF THECOMPACT, DEFINING TERMS, PROVIDING FOR THEINTERSTATE COMMISSION FOR JUVENILES, PROVIDINGFOR THE POWERS AND DUTIES OF THE INTERSTATECOMMISSION, PROVIDING FOR THE ORGANIZATIONAND OPERATION OF THE INTERSTATE COMMISSION,PROVIDING FOR THE RULEMAKING FUNCTIONS OFTHE INTERSTATE COMMISSION, PROVIDING FORO V E RS IG H T , E N F O R C EM E N T A N D D I SP UT ERESOLUTION BY THE INTERSTATE COMMISSION,PROVIDING FOR FINANCING OF THE INTERSTATECOMMISSION, PROVIDING FOR A STATE COUNCIL,PROVIDING FOR COMPACTING STATES, THEEFFECTIVE DATE OF THE COMPACT AND AMENDMENTOF THE COMPACT, PROVIDING FOR WITHDRAWAL,D E F A U L T , T E R M I N A T I O N A N D J U D I C I A LENFORCEMENT, PROVIDING FOR SEVERABILITY ANDCONSTRUCTION OF THE COMPACT, PROVIDING FORTHE BINDING EFFECT OF THE COMPACT AND OTHERLAWS AND PROVIDING A SHORT TITLE; ANDPROVIDING AN EFFECTIVE DATE.


COMMITTEE AN ACT

RELATING TO THE UNIFORM CONTROLLEDSUBSTANCES ACT; AMENDING SECTION 37-2732, IDAHOCODE, TO ALLOW FOR A COURT TO ORDERRESTITUTION FOR COSTS INCURRED BY LAWENFORCEMENT AGENCIES IN INVESTIGATINGMISDEMEANOR VIOLATIONS OF THE UNIFORMCONTROLLED SUBSTANCES ACT AND TO MAKE ATECHNICAL CORRECTION; AND DECLARING ANEMERGENCY.



COMMITTEE AN ACT

RELATING TO THE IDAHO DNA DATABASE ACT OF1996; AMENDING SECTION 19-5502, IDAHO CODE, TODEFINE "DNA ANALYSIS"; AMENDING SECTION 19-5506,IDAHO CODE, TO PROVIDE FOR THE ADDITION OF TWOCLASSES OF OFFENDERS COMMITTING FELONYBURGLARY AND FELONY DOMESTIC VIOLENCE THATSHALL BE SUBJECT TO SAMPLE COLLECTION, TOPROVIDE THAT PERSONS SUBJECT TO SECTION 19-5506,IDAHO CODE, MAY BE ORDERED BY THE COURT TOPAY RESTITUTION TO HELP OFFSET COSTS INCURREDBY LAW ENFORCEMENT AGENCIES FOR THE EXPENSEOF DNA ANALYSIS, TO PROVIDE THE AMOUNT OFR E S T IT U T I O N , T O P R O VI D E W H I CH L AWENFORCEMENT ENTITIES ARE ENTITLED TO RECEIVETHE RESTITUTION AND TO PROVIDE FOR DEPOSIT OFMONEYS REMITTED TO THE IDAHO STATE POLICE ANDTHE OFFICE OF THE ATTORNEY GENERAL; ANDDECLARING AN EMERGENCY.


AN ACTRELATING TO OUTFITTERS AND GUIDES;

AMENDING SECTION 36-2108, IDAHO CODE, TO REVISEPROVISIONS AND FEE SCHEDULES RELATING TOLICENSE, PENALTY, AMENDMENT AND APPLICATIONFEES FOR OUTFITTERS, CERTAIN DESIGNATEDAGENTS, AND GUIDES AND TO STRIKE UNNECESSARYVERBIAGE.


AN ACTRELATING TO THE FEDERAL CONSUMER CREDIT

PROTECTION ACT; AMENDING SECTION 28-41-302,IDAHO CODE, TO REVISE DATES APPLICABLE TO THEFEDERAL CONSUMER CREDIT PROTECTION ACT ANDREGULATIONS ISSUED UNDER THE ACT.


AN ACTRELATING TO RESIDENTIAL MORTGAGE

PRACTICES; AMENDING SECTION 26-3102, IDAHOCODE, TO REVISE DATES APPLICABLE TO AMENDEDACTS AND REGULATIONS.


AN ACTRELATING TO BANKS AND BANKING; AMENDING

SECTION 26-106, IDAHO CODE, TO REVISE DEFINITIONSAND TO MAKE TECHNICAL CORRECTIONS; AMENDINGSECTION 26-703, IDAHO CODE, TO REVISE PROVISIONSAPPLICABLE TO REAL ESTATE LOANS OFFERED BYBANKS; REPEALING SECTIONS 26-704, 26-705, 26-706AND 26-707, IDAHO CODE, RELATING TO MORTGAGEINSURANCE, GOVERNMENT GUARANTEED LOANS,

COMMERCIAL LOANS AND CONSTRUCTION LOANS;AMENDING SECTION 26-708, IDAHO CODE, TOREDESIGNATE THE SECTION AND TO MAKETECHNICAL CORRECTIONS; AMENDING SECTION26-709, IDAHO CODE, TO REDESIGNATE THE SECTION,TO PROVIDE THAT THE TOTAL LOANS ANDEXTENSIONS OF CREDIT TO PERSONS SHALL BELIMITED, TO DEFINE "LOANS AND EXTENSIONS OFCREDIT," TO PROVIDE THAT CERTAIN ITEMS DO NOTCONSTITUTE LOANS OR EXTENSIONS OF CREDIT, TOEXEMPT CERTAIN LOANS OR EXTENSIONS OF CREDITFROM LENDING LIMITS, TO PROVIDE FOR THECOMBINATION OF LOANS OR EXTENSIONS OF CREDITUNDER CERTAIN OUTLINED CONDITIONS, TO DEFINETERMS, TO PROVIDE FOR CALCULATION OF LENDINGLIMITS, TO SET FORTH CONDITIONS UNDER WHICHLOANS SHALL BE CONSIDERED NONCONFORMING, TOPROVIDE CORRECT TERMINOLOGY AND TO MAKETECHNICAL CORRECTIONS; AMENDING SECTION26-710, IDAHO CODE, TO REDESIGNATE THE SECTION;AMENDING SECTION 26-711, IDAHO CODE, TOREDESIGNATE THE SECTION AND TO PROVIDE THATBANKS SHALL NOT INVEST IN CERTAIN REAL ESTATEHOLDINGS IN AMOUNTS GREATER THAN FIFTYPERCENT OF THE CAPITAL STRUCTURE OF THE BANKAND TO MAKE A TECHNICAL CORRECTION;AMENDING SECTIONS 26-712, 26-713, 26-714, 26-715 AND26-716, IDAHO CODE, TO REDESIGNATE THE SECTIONS;AMENDING SECTION 26-717, IDAHO CODE, TOREDESIGNATE THE SECTION AND TO MAKET E C H N I C A L C O R R E C T I O N S ; A M E N D I N GSECTIONS 26-718 AND 26-719, IDAHO CODE, TOREDESIGNATE THE SECTIONS; AMENDING SECTION26-801, IDAHO CODE, TO REVISE TERMINOLOGYREFERRING TO THE CAPITAL STRUCTURE OF BANKSAND TO MAKE TECHNICAL CORRECTIONS; ANDAMENDING SECTION 26-107, IDAHO CODE, TO PROVIDECORRECT CODE CITATIONS.


AN ACTRELATING TO ELECTRICAL CONTRACTORS AND

JOURNEYMEN; AMENDING SECTION 54-1019, IDAHOCODE, TO CLARIFY QUALIFICATIONS ANDRESTRICTIONS ON STATE AND MUNICIPALELECTRICAL INSPECTORS, TO PROVIDE FORADMINISTRATION OF SUCH ADDITIONAL TESTS ASMAY BE ADOPTED BY THE STATE ELECTRICAL BOARDAND TO MAKE TECHNICAL CORRECTIONS.


AN ACTRELATING TO MANUFACTURED HOME DEALER

AND BROKER LICENSING; AMENDING SECTION 44-2102,IDAHO CODE, TO AUTHORIZE THE ADMINISTRATOR OFTHE DIVISION OF BUILDING SAFETY TO PROMULGATERULES TO ESTABLISH A DISPUTE RESOLUTIONPROGRAM IN COMPLIANCE WITH THE FEDERALMANUFACTURED HOUSING IMPROVEMENT ACT OF2000.



AN ACTRELATING TO PLUMBERS AND PLUMBING;

AMENDING SECTION 54-2606, IDAHO CODE, TOAUTHORIZE THE IDAHO PLUMBING BOARD TOESTABLISH BY RULE CIVIL PENALTIES AND ANAPPEALS PROCESS, TO AUTHORIZE THE BOARD TOAFFIRM, REJECT, DECREASE, OR WITHIN A LIMIT,INCREASE THE PENALTY IMPOSED AND TO MAKETECHNICAL CORRECTIONS; AMENDING SECTION54-2607, IDAHO CODE, TO AUTHORIZE THEADMINISTRATOR OF THE DIVISION OF BUILDINGSAFETY TO IMPOSE CIVIL PENALTIES AND TO FILESUIT FOR INJUNCTIVE RELIEF AND TO MAKETECHNICAL CORRECTIONS; AMENDING SECTION54-2618, IDAHO CODE, TO PROVIDE THATCERTIFICATES OF COMPETENCY AND APPRENTICEREGISTRATIONS MAY BE IN THE IMMEDIATE VICINITYOF THE WORK SITE DURING WORKING HOURS IF NOTCARRIED ON THE PERSON; AND DECLARING ANEMERGENCY.


AN ACTRELATING TO PLUMBING AND PLUMBERS;

AMENDING CHAPTER 26, TITLE 54, IDAHO CODE, BYTHE ADDITION OF A NEW SECTION 54-2614A, IDAHOCODE, TO PROVIDE FOR APPRENTICE AND SPECIALTYAPPRENTICE REGISTRATION AND ANNUAL RENEWALOF THE REGISTRATION; AMENDING SECTION 54-2616,IDAHO CODE, TO INCREASE THE FEES FOR ACERTIFICATE OF COMPETENCY TO REFLECTCERTIFICATES ISSUED FOR A PERIOD OF THREEYEARS; AMENDING SECTION 54-2617, IDAHO CODE, TOPROVIDE THAT CERTIFICATES OF COMPETENCYSHALL BE ISSUED FOR A PERIOD OF THREE YEARS, TOPROVIDE FOR EXPIRATION AND RENEWAL OF ACERTIFICATE, TO AUTHORIZE THE IDAHO PLUMBINGBOARD TO PROVIDE BY RULE FOR A STAGGEREDSCHEDULE OF ISSUING AND RENEWING CERTIFICATESAND TO MAKE A TECHNICAL CORRECTION; ANDPROVIDING AN EFFECTIVE DATE FOR SECTIONS 2 AND3 OF THIS ACT.



JOURNEYMEN; AMENDING SECTION 54-1007, IDAHOCODE, TO REQUIRE NOT LESS THAN FOUR YEARS OFEXPERIENCE AS A LICENSED JOURNEYMAN TOQUALIFY FOR LICENSURE AS A MASTER ELECTRICIANAND TO PROVIDE CODE REFERENCES.

HOUSE BILL NO. 530 BY TRAIL

AN ACTRELATING TO INCOME TAXATION; AMENDING

SECTION 63-3022O, IDAHO CODE, TO DELETELANGUAGE REGARDING A STATE INCOME TAXDEDUCTION FOR CERTAIN EXPENSES OF ELEMENTARY

AND SECONDARY TEACHERS; DECLARING ANEMERGENCY AND PROVIDING RETROACTIVEAPPLICATION.


AN ACTRELATING TO THE JUVENILE CORRECTIONS ACT;

AMENDING SECTION 20-525A, IDAHO CODE, TOPROVIDE FOR THE EXPUNGEMENT OF RECORDS AFTERFIVE YEARS FOR PERSONS WHO HAVE COMMITTEDFELONY OFFENSES OR WHO HAVE BEEN COMMITTEDTO THE DEPARTMENT OF JUVENILE CORRECTIONS, TOPROVIDE FOR THE EXPUNGEMENT OF RECORDS AFTERONE YEAR FOR PERSONS WHO HAVE COMMITTEDMISDEMEANOR OR STATUS OFFENSES AND WHO HAVENOT BEEN COMMITTED TO THE DEPARTMENT, TOPROVIDE FOR THE EXPUNGEMENT OF RECORDS AFTERONE YEAR IN CASES WHERE THE DIVERSION PROCESSHAS BEEN UTILIZED OR THE COURT ORDERS ANINFORMAL ADJUSTMENT, TO PROVIDE THAT RECORDSTO BE SEALED INCLUDE LAW ENFORCEMENTINVESTIGATORY REPORTS AND F INGERPRINTRECORDS AND TO PROVIDE THAT REFERENCES TODIVERSIONS OR INFORMAL ADJUSTMENTS SHALL BEREMOVED FROM PUBLIC RECORDS.


AN ACTRELATING TO COUNTY BOUNDARIES AND COUNTY

SEATS; AMENDING SECTION 31-110, IDAHO CODE, TOALIGN THE WESTERN BOUNDARY DESCRIPTION OFBOISE COUNTY WITH THE DESCRIPTION OF THATBOUNDARY AS SHARED WITH ADA COUNTY.


AN ACTRELATING TO THE INDUSTRIAL SPECIAL

INDEMNITY FUND; AMENDING SECTION 2, CHAPTER303, LAWS OF 1997, AS AMENDED BY SECTION 1,CHAPTER 197, LAWS OF 1999, TO CONTINUE SECTION72-334, IDAHO CODE, IN EFFECT UNTIL JUNE 30, 2008;AND DECLARING AN EMERGENCY.


AN ACTRELATING TO OPEN PUBLIC MEETINGS OF

GOVERNING BODIES; AMENDING SECTION 67-2342,IDAHO CODE, TO REVISE REQUIREMENTS RELATINGT O M E E T I N G S C O N D U C T E D U S I N GTELECOMMUNICATIONS DEVICES.


AN ACTRELATING TO TELEPHONE SOLICITATION;

AMENDING SECTION 48-1002, IDAHO CODE, TO DEFINEA TERM; AMENDING SECTION 48-1003A, IDAHO CODE,TO REVISE PROVISIONS AND PROCEDURES RELATINGTO TELEPHONE SUBSCRIBER LISTINGS ON IDAHO' S NOTELEPHONE SOLICITATION CONTACT LIST, TO


PROVIDE THAT A NATIONAL DO-NOT-CALL REGISTRYESTABLISHED BY THE FEDERAL TRADE COMMISSIONMAY SERVE AS IDAHO' S NO TELEP HONESOLICITATION CONTACT LIST, TO AUTHORIZE THEATTORNEY GENERAL T O PROVIDE CERTAINTELEPHONE NUMBERS TO THE FEDERAL TRADECOMMISSION, TO STRIKE REFERENCE TO THE DEPOSITAND USE OF CERTAIN FEES, TO REVISE PROVISIONSRELATING TO VIOLATIONS, TO REVISE A CODEREFERENCE AND TO CLARIFY AN EXCEPTIONR E L A T I N G T O E S T A B L I S H E D B U S I N E S SRELATIONSHIPS; AND AMENDING SECTION 48-1003B,IDAHO CODE, TO REVISE CODE REFERENCES AND TOMAKE A TECHNICAL CORRECTION.


AN ACTRELATING TO INCOME TAX CREDITS FOR

RESEARCH ACTIVITIES CONDUCTED IN IDAHO ANDFOR INVESTMENT IN BROADBAND EQUIPMENT;AMENDING SECTION 63-3029G, IDAHO CODE, TODELETE THE SUNSET PROVISION AND TO DELETELANGUAGE REGARDING RESEARCH ACTIVITIES BECONDUCTED DURING ANY CONSECUTIVE FIVE YEARPERIOD; AND AMENDING SECTION 63-3029I, IDAHOCODE, TO DELETE THE SUNSET PROVISION.


AN ACTRELATING TO INCOME TAX WITHHOLDING;

AMENDING SECTION 63-3035, IDAHO CODE, TOPROVIDE THAT WHEN AN EMPLOYER FAILS TO MAKEA PAYMENT AS REQUIRED THE STATE TAXCOMMISSION MAY TREAT SUCH FAILURE AS AFAILURE TO FILE A RETURN AND MAY TAKEAUTHORIZED ADMINISTRATIVE AND JUDICIALACTIONS, TO PROVIDE CLARIFYING LANGUAGE, TOPROVIDE THAT THE WITHHOLDING TAX RETURNSHALL BE FILED ANNUALLY UNLESS A SHORTERFILING PERIOD AND DUE DATE ARE PRESCRIBED BYTHE STATE TAX COMMISSION AND TO SPECIFY WHENTHE RETURN IS DUE; AMENDING SECTION 63-3035,IDAHO CODE, AS AMENDED IN SECTION 1, CHAPTER296, LAWS OF 2003, TO PROVIDE THAT WHEN ANEMPLOYER FAILS TO MAKE A PAYMENT AS REQUIREDTHE STATE TAX COMMISSION MAY TREAT SUCHFAILURE AS A FAILURE TO FILE A RETURN AND MAYTAKE AUTHORIZED ADMINISTRATIVE AND JUDICIALACTIONS, TO PROVIDE CLARIFYING LANGUAGE, TOPROVIDE THAT THE WITHHOLDING TAX RETURNSHALL BE FILED ANNUALLY UNLESS A SHORTERFILING PERIOD AND DUE DATE ARE PRESCRIBED BYTHE STATE TAX COMMISSION AND TO SPECIFY WHENTHE RETURN IS DUE; AND DECLARING ANEMERGENCY, PROVIDING FOR RETROACTIVITY ANDPROVIDING AN EFFECTIVE DATE.

H 513, H 514, H 515, H 516, H 517, H 518, H 519, H 520,H 521, H 522, H 523, H 524, H 525, H 526, H 527, H 528,H 529, H 530, H 531, H 532, H 533, H 534, H 535, H 536, and

H 537 were introduced, read the first time by title, and referredto the Judiciary, Rules, and Administration Committee forprinting.



H 475, by Transportation and Defense Committee, was readthe second time by title and filed for third reading.


Adjournment

Mr. Moyle moved that the House adjourn until 8 a.m. ,Friday, January 23, 2004. Seconded by Ms. Jaquet. Motioncarried.




TWELFTH LEGISLATIVE DAYFRIDAY, JANUARY 23, 2004



Roll call showed 60 members present.Absent and excused -- Bolz, Cannon, Crow, Jaquet, Jones,

Langhorst, Ridinger, Sali, Schaefer, Wood. Total -- 10.Total -- 70.


The Pledge of Allegiance was led by Elizabeth Keaton, Page.

Approval of Journal


We, your COMMITTEE ON JUDICIARY, RULES, ANDADMINISTRATION, report that we have read and approved theHouse Journal of the Eleventh Legislative Day and recommendthat same be adopted as corrected.

FIELD(18), Chairman






We, your COMMITTEE ON JUDICIARY, RULES, ANDADMINISTRATION report that we have printed HCR 35,H 513, H 514, H 515, H 516, H 517, H 518, H 519, H 520,H 521, H 522, H 523, H 524, H 525, H 526, H 527, H 528,H 529, H 530, H 531, H 532, H 533, H 534, H 535, H 536, andH 537.

FIELD(18), Chairman

HCR 35, H 517, H 532, H 533, H 534, and H 535 werereferred to the State Affairs Committee.

H 513, H 518, H 519, H 520, and H 531 were referred tothe Judiciary, Rules, and Administration Committee.

H 515 and H 521 were referred to the Resources andConservation Committee.


H 522, H 523, H 524, H 525, H 526, H 527, H 528, andH 529 were referred to the Business Committee.





AN ACTRELATING TO STATE REPLACEMENT OF PROPERTY

TAX REVENUES ON AGRICULTURAL EQUIPMENT;AMENDING SECTION 63-3067, IDAHO CODE, TO DELETETHE DISTRIBUTION OF REPLACEMENT REVENUE FROMTHE STATE REFUND ACCOUNT; AMENDING SECTION63-3638, IDAHO CODE, AS AMENDED BY SECTION 4,CHAPTER 318, LAWS OF 2003, TO PROVIDE FORDISTRIBUTION OF REPLACEMENT REVENUES FROMSALES TAX REVENUE; AMENDING SECTION 63-3638,IDAHO CODE, AS ADDED BY SECTION 9, CHAPTER 318,LAWS OF 2003, TO PROVIDE FOR DISTRIBUTION OFREPLACEMENT REVENUES FROM SALES TAXREVENUE; AND PROVIDING EFFECTIVE DATES.


AN ACTRELATING TO BILLS FOR ELECTRIC SERVICES;

AMENDING CHAPTER 3, TITLE 61, IDAHO CODE, BYTHE ADDITION OF A NEW SECTION 61-337, IDAHOCODE, TO ALLOW FOR INFORMATION REGARDINGFISH AND WILDLIFE MITIGATION COSTS TO BEINCLUDED ON BILLS FOR ELECTRIC SERVICE.


AN ACTRELATING TO MOTOR VEHICLE TITLES;

AMENDING CHAPTER 5, TITLE 49, IDAHO CODE, BYTHE ADDITION OF A NEW SECTION 49-512A, IDAHOCODE, TO PROVIDE THAT A TRANSACTION INVOLVINGA MOTOR VEHICLE OR TRAILER DOES NOT CREATE ASALE OR SECURITY INTEREST MERELY BECAUSE THETRANSACTION INCLUDES A TERMINAL RENTALADJUSTMENT CLAUSE.




H 503 and H 504, by Appropriations Committee, were readthe second time by title and filed for third reading.


Mr. Moyle asked unanimous consent that H 475 retain itsplace on the Third Reading Calendar until Monday,January 26, 2004. There being no objection, it was so ordered.


Adjournment

Mr. Moyle moved that the House adjourn until 11:15 a.m.,Monday, January 26, 2004. Seconded by Mrs. Boe. Motioncarried.

Whereupon the Speaker Pro Tem declared the Houseadjourned at 8:14 a.m.



FIFTEENTH LEGISLATIVE DAYMONDAY, JANUARY 26, 2004



Roll call showed 68 members present.Absent and excused -- Langhorst, Sali. Total -- 2.Total -- 70.


The Pledge of Allegiance was led by Jessica Christensen,Page.


Approval of Journal


We, your COMMITTEE ON JUDICIARY, RULES, ANDADMINISTRATION, report that we have read and approved theHouse Journal of the Twelfth Legislative Day and recommendthat same be adopted as corrected.

FIELD(18), Chairman





We, your COMMITTEE ON JUDICIARY, RULES, ANDADMINISTRATION report that we have printed H 538, H 539,and H 540.

FIELD(18), Chairman


H 539 was referred to the State Affairs Committee.





AN ACTRELATING TO PROPERTY TAXATION; AMENDING

SECTION 63-604, IDAHO CODE, TO REVISE CRITERIA ASTO HOW LAND CAN BE LAND ACTIVELY DEVOTED TOAGRICULTURE AND APPRAISED, ASSESSED ANDTAXED AS AGRICULTURAL PROPERTY FOR PROPERTYTAX PURPOSES AND TO DEFINE THE TERM "BONA FIDELESSEE"; DECLARING AN EM ERGENCY ANDPROVIDING RETROACTIVE APPLICATION.


AN ACTRELATING TO ASSESSMENT AND TAXATION OF

OPERATING PROPERTY; AMENDING SECTION 63-405,IDAHO CODE, TO PROVIDE THAT ON AND AFTERJANUARY 1, 2004, ANY NEWLY INSTALLED ORCONSTRUCTED EQUIPMENT LOCATED WITHIN A CITYCORPORATE LIMIT OR WITHIN FIVE MILES OF A CITYCORPORATE LIMIT AND USED FOR AND INCONJUNCTION WITH THE THERMAL GENERATION OFELECTRICITY SHALL BE APPORTIONED BASED ONPHYSICAL LOCATION AND TO PROVIDE THAT NEWLYINSTALLED OR CONSTRUCTED EQUIPMENT USED FOR

AND IN CONJUNCTION WITH THE THERMALGENERATION OF ELECTRICITY SHALL NOT INCLUDETHE REMODELING, RETROFITTING, REHABILITATION,REFURBISHING OR MODIFICATION OF AN EXISTINGE L E C T R I C A L G E NE R A T I O N F A C I L I T Y , O RINTEGRATION OR TRANSFORMATION FACILITIES SUCHAS SUBSTATIONS OR TRANSMISSION LINES;DECLARING AN EMERGENCY AND PROVIDINGRETROACTIVE APPLICATION.


AN ACTRELATING TO THE SALES AND USE TAX;

AMENDING CHAPTER 36, TITLE 63, IDAHO CODE, BYTHE ADDITION OF A NEW SECTION 63-3640A, IDAHOCODE, TO PROVIDE FOR CONTRACTS ENTERED INTOPRIOR TO THE EFFECTIVE DATE OF THE INCREASEDSALES AND USE TAX; DECLARING AN EMERGENCYAND PROVIDING RETROACTIVE APPLICATION.




H 514, by Appropriations Committee, was read the secondtime by title and filed for third reading.


H 475 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. Roberts to opendebate.

The question being, "Shall H 475 pass?"

Roll call resulted as follows:AYES -- Barraclough, Barrett, Bauer, Bayer, Bedke, Bell,

Black, Block, Bolz, Bradford, Campbell, Cannon, Clark,Collins, Cuddy, Deal, Denney, Douglas, Edmunson, Ellsworth,Eskridge, Field(18), Field(23), Gagner, Garrett, Harwood,Henbest, Jaquet, Jones, Kellogg, Kulczyk, Lake, Langford,McGeachin, McKague, Meyer, Miller, Moyle, Nielsen,Raybould, Ridinger, Ring, Roberts, Rydalch, Sayler, Schaefer,Shepherd, Shirley, Skippen, Smith(24), Smylie, Snodgrass,Stevenson, Wills, Wood, Mr. Speaker. Total -- 56.

NAYS -- Andersen, Boe, Martinez, Mitchell, Naccarato,Pasley-Stuart, Ringo, Robison, Smith(30), Trail. Total -- 10.

Absent and excused -- Crow, Eberle, Langhorst, Sali.Total -- 4.

Total -- 70.


Whereupon the Speaker declared H 475 passed the House.Title was approved and the bill was ordered transmitted to theSenate.


At this time, the Speaker recognized Mr. Bolz to opendebate.



Bedke, Bell, Black, Block, Boe, Bolz, Bradford, Campbell,Cannon, Clark, Collins, Cuddy, Deal, Denney, Douglas, Eberle,Edmunson, Ellsworth, Eskridge, Field(18), Field(23), Gagner,Garrett, Harwood, Henbest, Jaquet, Jones, Kellogg, Kulczyk,Lake, Langford, Martinez, McGeachin, McKague, Meyer,Miller, Mitchell, Moyle, Naccarato, Nielsen, Pasley-Stuart,Raybould, Ridinger, Ring, Ringo, Roberts, Robison, Rydalch,Sayler, Schaefer, Shepherd, Shirley, Skippen, Smith(30),Smith(24), Smylie, Snodgrass, Stevenson, Trail, Wills, Wood,Mr. Speaker. Total -- 67.

NAYS -- None.Absent and excused -- Crow, Langhorst, Sali. Total -- 3.Total -- 70.



At this time, the Speaker recognized Mrs. Field(23) to opendebate.



Bedke, Bell, Black, Block, Boe, Bolz, Bradford, Campbell,Cannon, Clark, Collins, Crow, Cuddy, Deal, Denney, Douglas,Eberle, Edmunson, Ellsworth, Eskridge, Field(18), Field(23),Gagner, Garrett, Harwood, Henbest, Jaquet, Jones, Kellogg,Kulczyk, Lake, Langford, Martinez, McGeachin, McKague,Meyer, Miller, Mitchell, Moyle, Naccarato, Nielsen,Pasley-Stuart, Raybould, Ridinger, Ring, Ringo, Roberts,Robison, Rydalch, Sayler, Schaefer, Shepherd, Shirley, Skippen,Smith(30), Smith(24), Smylie, Snodgrass, Stevenson, Trail,Wills, Wood, Mr. Speaker. Total -- 68.

NAYS -- None.Absent and excused -- Langhorst, Sali. Total -- 2.Total -- 70.



Adjournment

Mr. Denney moved that the House adjourn until 11 a.m. ,Tuesday, January 27, 2004. Seconded by Ms. Jaquet. Motioncarried.




SIXTEENTH LEGISLATIVE DAYTUESDAY, JANUARY 27, 2004


The House convened at 11 a.m., the Speaker in the Chair.

Roll call showed 67 members present.Absent and excused -- Edmunson, Raybould, Schaefer.



The Pledge of Allegiance was led by Alison Knox, Page.

Approval of Journal


We, your COMMITTEE ON JUDICIARY, RULES, ANDADMINISTRATION, report that we have read and approved theHouse Journal of the Fifteenth Legislative Day and recommendthat same be adopted as corrected.

FIELD(18), Chairman




I transmit herewith SCR 118 which has passed the Senate.WOOD, Secretary

SCR 118 was filed for first reading.



We, your COMMITTEE ON JUDICIARY, RULES, ANDADMINISTRATION report that we have printed H 541, H 542,and H 543.

FIELD(18), Chairman





WOOD, Chairman




SCR 118, by State Affairs Committee, was introduced, readthe first time by title, and referred to the State AffairsCommittee.


HOUSE BILL NO. 544 BY ENVIRONMENTAL AFFAIRS COMMITTEE

AN ACTRELATING TO WATER QUALITY; AMENDING

SECTION 39-3607, IDAHO CODE, TO PROVIDE THAT THESURVEYS OR ASSESSMENTS SHALL BE PREPARED INCONSULTATION WITH THE WATERSHED ADVISORYGROUP FOR THE WATERSHED AND TO PROVIDE THATSURVEYS OR ASSESSMENTS SHALL NOT BEDISSEMINATED FOR PUBLIC COMMENT AND SHALLNOT BE SUBMITTED TO GOVERNMENT AGENCIESWITHOUT THE APPROVAL OF AT LEAST FIFTYPERCENT OF THE MEMBERS OF THE WATERSHEDADVISORY GROUP; AMENDING SECTION 39-3609,IDAHO CODE, TO PROVIDE THAT NO NOTIFICATIONSHALL BE PROVIDED WITHOUT THE APPROVAL OF ATLEAST FIFTY PERCENT OF THE WATERSHED ADVISORYGROUP; AMENDING SECTION 39-3611, IDAHO CODE, TOPROVIDE THAT EACH TOTAL MAXIMUM DAILY LOADSHALL BE DEVELOPED IN CONSULTATION WITH THEWATERSHED ADVISORY GROUP FOR THE WATERSHEDIN WHICH THE WATER BODIES ARE LOCATED AND TOPROVIDE THAT TOTAL MAXIMUM DAILY LOADSSHALL NOT BE DISSEMINATED FOR PUBLIC COMMENTAND SHALL NOT BE SUBMITTED TO GOVERNMENTAGENCIES WITHOUT THE APPROVAL OF AT LEASTFIFTY PERCENT OF THE MEMBERS OF THEWATERSHED ADVISORY GROUP; AMENDING SECTION39-3615, IDAHO CODE, TO PROVIDE THAT THEDIRECTOR OF THE DEPARTMENT OF ENVIRONMENTALQUALITY WITH THE ADVICE OF THE APPROPRIATEBASIN ADVISORY GROUP SHALL NAME WATERSHEDADVISORY GROUPS WHICH WILL GENERALLY ADVISETHE DEPARTMENT ON THE APPROPRIATENESS,ATTAINABILITY AND STATUS OF EXISTING ANDDESIGNATED BENEFICIAL USES WITHIN THEWATERSHED AND ON THE DEVELOPMENT ANDIMPLEMENTATION OF TMDLS; AND AMENDINGSECTION 39-3616, IDAHO CODE, TO PROVIDE THATWATERSHED ADVISORY GROUPS SHALL CONSULTWITH THE DIRECTOR AND PARTICIPATE IN THE

DEVELOPMENT OF EACH SURVEY OR ASSESSMENT OFBENEFICIAL USE ATTAINABILITY OR STATUS, ANDEACH TMDL, FOR WATER BODIES WITHIN THEWATERSHED.

HOUSE BILL NO. 545 BY LANGFORD

AN ACTRELATING TO WORKER' S COMPENSATION;

AMENDING SECTION 72-209, IDAHO CODE, TO PROVIDEAN ADDITIONAL CONDITION GOVERNING LIABILITYOF AN EMPLOYER AND PROCEDURES FORIMPLEMENTATION AND TO MAKE TECHNICALCORRECTIONS.

HOUSE BILL NO. 546 BY AGRICULTURAL AFFAIRS COMMITTEE

AN ACTRELATING TO COOPERAT IVE MARKETING

ASSOCIATIONS; AMENDING SECTION 22-2608, IDAHOCODE, TO ELIMINATE THE REQUIREMENT OF FILING ACERTIFIED COPY OF ARTICLES OF INCORPORATIONWITH THE DEPARTMENT OF AGRICULTURE AND TOMAKE TECHNICAL CORRECTIONS; AND REPEALINGSECTION 22-2619, IDAHO CODE, RELATING TO THEISSUANCE OF ANNUAL REPORTS.


AN ACTRELATING TO THE PRUNE COMMISSION;

REPEALING CHAPTER 30, TITLE 22, IDAHO CODE.


AN ACTRELATING TO COMMERCIAL FERTILIZERS;

AMENDING SECTION 22-611, IDAHO CODE, TO PROVIDEFOR PENALTIES FOR SPECIALTY FERTILIZER THATDEVIATES FROM THE GUARANTEED ANALYSIS;AMENDING SECTION 22-612, IDAHO CODE, TO PROVIDETHAT THE DEPARTMENT OF AGRICULTURE SHALLDETERMINE AND PUBLISH ANNUALLY THE VALUESPER UNIT OF NITROGEN, AVAILABLE PHOSPHATE,SOLUBLE POTASH, SECONDARY ELEMENTS ANDMICRO-ELEMENTS USED IN IDAHO AND TO PROVIDETHAT THESE VALUES SHALL BE USED INDETERMINING AND ASSESSING PENALTIES.


AN ACTRELATING TO THE PURE SEED LAW; AMENDING

SECTION 22-434, IDAHO CODE, TO PROVIDE ANEXEMPTION FROM LICENSING REQUIREMENTS FORCERTAIN SEED DEALERS AND TO MAKE TECHNICALCORRECTIONS.

HOUSE BILL NO. 550 BY RINGO

AN ACTRELATING TO THE CONSTITUTIONALLY BASED

EDUCATIONAL CLAIMS ACT; AMENDING SECTION6-2214, IDAHO CODE, TO REMOVE AUTHORITY FOR


IMPOSITION OF AN EDUCATIONAL NECESSITY LEVYTO ABATE UNSAFE OR UNHEALTHY CONDITIONS; ANDAMENDING SECTION 6-2215, IDAHO CODE, TO REMOVEPROVISIONS AUTHORIZING APPLICATION OF THISSECTION TO CERTAIN PENDING LAWSUITS IN THEMANNER PROVIDED; AND DECL ARING ANEMERGENCY.

HOUSE BILL NO. 551 BY HEALTH AND WELFARE COMMITTEE

AN ACTRELATING TO LICENSURE BY THE BOARD OF

PSYCHOLOGIST EXAMINERS; AMENDING SECTION54-2309, IDAHO CODE, TO CLARIFY CONDITIONS FORNONISSUANCE AND REVOCATION OF LICENSES.


AN ACTRELATING TO COUNSELORS AND MARRIAGE AND

FAMILY THERAPISTS; AMENDING SECTION 54-3404,IDAHO CODE, TO REVISE TERMINOLOGY, TO PROVIDEREFERENCES TO PASTORAL COUNSELORS AND TOAUTHORIZE THE BOARD TO ADOPT RULES REQUIRINGANNUAL CONTINUING EDUCATION AS A CONDITIONFOR THE RENEWAL OF LICENSES; AMENDING SECTION54-3405A, IDAHO CODE, TO DELETE CERTAINCONTINUING EDUCATION REQUIREMENTS FORPASTORAL COUNSELORS, TO REVISE TERMINOLOGY,TO MAKE TECHNICAL CORRECTIONS AND TO DELETELANGUAGE REFERRING TO THE MEANING OF"LICENSED PASTORAL COUNSELOR" AND "LICENSEDPROFESSIONAL COUNSELOR"; AND AMENDINGSECTION 54-3405C, IDAHO CODE, TO REVISETERMINOLOGY AND TO DELET E CERT AINCONTINUING EDUCATION REQUIREMENTS FORMARRIAGE AND FAMILY THERAPISTS.


AN ACTRELATING TO THE BOARD OF SOCIAL WORK

EXAMINERS; AMENDING SECTION 54-3203, IDAHOCODE, TO INCREASE THE BOARD MEMBERSHIP BY THEADDITION OF A LAY MEMBER, AND TO REVISE THENOMINATION PROCESS.


AN ACTRELATING TO NOTICE INVITING BIDS FOR

COUNTIES; AMENDING SECTION 31-4004, IDAHO CODE,TO REVISE PUBLICATION REQUIREMENTS BEFORE THEDATE FOR OPENING BIDS BY A COUNTY; ANDDECLARING AN EMERGENCY.


AN ACTRELATING TO PERSONAL INFORMATION AND

PRIVACY; AMENDING TITLE 6, IDAHO CODE, BY THEADDITION OF A NEW CHAPTER 26, TITLE 6, IDAHOCODE, TO PROVIDE LEGISLATIVE INTENT RELATINGTO THE PROTECTION OF PERSONAL INFORMATION, TO

PROVIDE FOR DISCLOSURE UPON BREACH IN THESECURITY OF PERSONAL INFORMATION BY CERTAINAGENCIES, TO PROVIDE FOR DELAYED NOTIFICATIONI N T H E E VE N T O F CERTAI N C R I M I N ALINVESTIGATIONS, TO DEFINE TERMS, TO PROVIDE FORMEANS OF NOTICE, TO PROVIDE AN EXCEPTION, TOPROVIDE FOR DISCLOSURE UPON BREACH IN THESECURITY OF PERSONAL INFORMATION BY CERTAINPERSONS OR BUSINESSES, TO PROVIDE FOR DELAYEDNOTIFICATION IN THE EVENT OF CERTAIN CRIMINALINVESTIGATIONS, TO DEFINE TERMS, TO PROVIDE FORMEANS OF NOTICE, TO PROVIDE AN EXCEPTION ANDTO PROVIDE CERTAIN RIGHTS AND REMEDIES FORBREACH IN THE SECURITY OF PERSONALINFORMATION.


AN ACTRELATING TO GOVERNMENTAL INFORMATION

PRACTICES; AMENDING TITLE 67, IDAHO CODE, BYTHE ADDITION OF A NEW CHAPTER 88, TITLE 67,IDAHO CODE, TO PROVIDE LEGISLATIVE FINDINGS, TOREQUIRE CERTAIN RECORDKEEPING AGENCIES ANDPOLITICAL SUBDIVISIONS OF THE STATE OF IDAHO TOADHERE TO DE SIGN ATE D P RIN CIP LE S OFINFORMATION PRACTICE AND TO DEFINE TERMS.


AN ACTRELATING TO MISUSE OF IDENTIFYING

INFORMATION; REPEALING SECTION 18-3126, IDAHOCODE; AMENDING CHAPTER 31, TITLE 18, IDAHOCODE, BY THE ADDITION OF A NEW SECTION 18-3126,IDAHO CODE, TO PROHIBIT CERTAIN ACTIVITIESRELATING TO THE USE OF ANOTHER'S IDENTIFYINGINFORMATION, TO DEFINE A TERM, TO PROVIDE FORRESTITUTION, TO PROVIDE FOR VICTIM ASSISTANCEBY THE ATTORNEY GENERAL AND TO PROVIDE ANEXCEPTION FOR MEMBERS OF LAW ENFORCEMENTAGENCIES; AND AMENDING CHAPTER 31, TITLE 18,IDAHO CODE, BY THE ADDITION OF A NEW SECTION18-3126A, IDAHO CODE, TO PROVIDE FOREXPUNGEMENT OF CERTAIN FALSE IDENTITYINFORMATION FROM COURT AND LAW ENFORCEMENTAGENCY RECORDS.


AN ACTRELATING TO RECORDS EXEM PT F ROM

DISCLOSURE; AMENDING SECTION 9-340C, IDAHOCODE, TO EXEMPT VOTER REGISTRATION CARDSFROM DISCLOSURE AND PROVIDING EXEMPTIONS;AND AMENDING SECTION 34-416, IDAHO CODE, TOGOVERN INFORMATION IN VOTER REGISTRATIONCARDS WHICH IS EXEMPT FROM DISCLOSURE.


AN ACTRELATING TO RECALL PETITIONS AND ELECTIONS;

AMENDING SECTION 34-1704, IDAHO CODE, TO


FURTHER GOVERN APPROVAL OF A PROSPECTIVERECALL PETITION; AMENDING SECTION 34-1705,IDAHO CODE, TO PROVIDE QUALIFICATIONS FOR APERSON WHO CIRCULATES A PETITION; AMENDINGSECTION 34-1706, IDAHO CODE, TO REQUIREEXAMINATION TO VERIFY SIGNATURES BY THECOUNTY CLERK; AMENDING SECTION 34-1707, IDAHOCODE, TO CLARIFY PROCEDURE GOVERNINGNOTIFICATION OF SUFFICIENCY OF PETITIONS AND TOMAKE TECHNICAL CORRECTIONS; AMENDINGSECTION 34-1711, IDAHO CODE, TO INCREASE THENUMBER OF DAYS ALLOWED FOR CANVASS OFRETURNS; AMENDING SECTION 34-1713, IDAHO CODE,TO ELIMINATE PROCEDURE FOR REMOVAL OF ASIGNATURE AFTER THE PETITIONS HAVE BEEN FILED;AND AMENDING SECTION 34-1715, IDAHO CODE, TOGOVERN PROCEDURE IN THE EVENT OF REFUSAL TOACCEPT A PETITION.


AN ACTRELATING TO CONDUCT OF ELECTIONS BY MAIL;

AMENDING CHAPTER 3, TITLE 34, IDAHO CODE, BYTHE ADDITION OF A NEW SECTION 34-308, IDAHOCODE, TO GOVERN THE CREATION OF A MAIL BALLOTPRECINCT AND TO PROVIDE CONDITIONS WHICHMUST BE MET IN THE CONDUCT OF AN ELECTION;AND DECLARING AN EMERGENCY.


AN ACTRELATING TO NOTICE S FOR ELECTIONS;

AMENDING SECTION 34-602, IDAHO CODE, TO SPECIFYINFORMATION TO BE CONTAINED IN NOTICES.


AN ACTRELATING TO CONDUCT OF ELECTIONS;

AMENDING SECTION 34-303, IDAHO CODE, TOAUTHORIZE APPOINTMENT OF STUDENTS TOELECTION BOARDS UNDER CONDITIONS SPECIFIED.


AN ACTRELATING TO ELECTION LAWS; AMENDING

SECTION 34-1009, IDAHO CODE, TO STRIKE APROVISION FOR FINDING AND DISCARDING THEABSENTEE BALLOT OF AN ELECTOR WHOSUBSEQUENTLY HAS DIED AND TO MAKE TECHNICALCORRECTIONS; AND DECLARING AN EMERGENCY.


AN ACTRELATING TO THE CIVIL RIGHTS OF PERSONS

CONVICTED OF CRIME; AMENDING SECTION 18-310,IDAHO CODE, TO CLARIFY THE RESTORATION OFRIGHTS TO PERSONS WHO HAVE ACHIEVED FINAL

DISCHARGE OF A CONVICTION IN ANOTHER STATE ORJURISDICTION AND TO MAKE A TECHNICALCORRECTION.



IDAHO STATE POLICE FOR FISCAL YEAR 2004;AUTHORIZING TWO ADDITIONAL FULL-TIMEPOSITIONS; AND DECLARING AN EMERGENCY.



DEPARTMENT OF CORRECTION FOR FISCAL YEAR 2004;REPEALING SECTION 6, CHAPTER 352, LAWS OF 2003,THAT PROVIDED GENERAL FUND MONEYS FOR ANOFFENDER POPULATION CONTINGENCY TO THEBOARD OF CORRECTION; AND DECLARING ANEMERGENCY.


AN ACTRELATING TO INCOME TAX CREDITS; AMENDING

SECTION 63-3022Q, IDAHO CODE, TO REMOVE THELIMITATION ON THE AMOUNT OF PREMIUMS FORLONG-TERM CARE INSURANCE THAT QUALIFY FORTHE CREDIT AGAINST INCOME TAXES; DECLARING ANEMERGENCY AND PROVIDING RE TROACTIVEAPPLICATION.

H 544, H 545, H 546, H 547, H 548, H 549, H 550, H 551,H 552, H 553, H 554, H 555, H 556, H 557, H 558, H 559,H 560, H 561, H 562, H 563, H 564, H 565, H 566, and H 567were introduced, read the first time by title, and referred to theJudiciary, Rules, and Administration Committee for printing.




At this time, the Speaker recognized Mr. Gagner to opendebate.


Roll call resulted as follows:AYES -- Andersen, Barraclough, Bauer, Bayer, Bedke, Bell,

Black, Block, Boe, Bolz, Bradford, Campbell, Cannon, Collins,Crow, Cuddy, Deal, Denney, Douglas, Eberle, Ellsworth,Eskridge, Field(18), Field(23), Gagner, Garrett, Harwood,Henbest, Jaquet, Jones, Kellogg, Lake, Langford, Langhorst,Martinez, McGeachin, McKague, Meyer, Miller, Mitchell,Moyle, Naccarato, Nielsen, Pasley-Stuart, Ridinger, Ring,Ringo, Roberts, Robison, Rydalch, Sali, Sayler, Shepherd,


Shirley, Skippen, Smith(30), Smith(24), Smylie, Snodgrass,Stevenson, Trail, Wills, Wood, Mr. Speaker. Total -- 64.

NAYS -- Barrett, Clark, Kulczyk. Total -- 3.Absent and excused -- Edmunson, Raybould, Schaefer.




Adjournment

Mr. Moyle moved that the House adjourn until 11:15 a.m.,Wednesday, January 28, 2004. Seconded by Mrs. Boe. Motioncarried.




SEVENTEENTH LEGISLATIVE DAYWEDNESDAY, JANUARY 28, 2004



Roll call showed 68 members present.Absent and excused -- Jones, Schaefer. Total -- 2.Total -- 70.


The Pledge of Allegiance was led by Sarah Ashmead, Page.

Approval of Journal


We, your COMMITTEE ON JUDICIARY, RULES, ANDADMINISTRATION, report that we have read and approved theHouse Journal of the Sixteenth Legislative Day and recommendthat same be adopted as corrected.

FIELD(18), Chairman








We, your COMMITTEE ON JUDICIARY, RULES, ANDADMINISTRATION report that we have printed H 544, H 545,H 546, H 547, H 548, H 549, H 550, H 551, H 552, H 553,H 554, H 555, H 556, H 557, H 558, H 559, H 560, H 561,H 562, H 563, H 564, H 565, H 566, and H 567.

FIELD(18), Chairman

H 544 was referred to the Environmental Affairs Committee.

H 545 was referred to the Commerce and Human ResourcesCommittee.

H 546, H 547, H 548, and H 549 were referred to theAgricultural Affairs Committee.

H 550 and H 567 were referred to the Revenue and TaxationCommittee.

H 551, H 552, and H 553 were referred to the Health andWelfare Committee.

H 554 was referred to the Local Government Committee.

H 555, H 556, H 558, H 559, H 560, H 561, H 562, H 563,and H 564 were referred to the State Affairs Committee.




We, your COMMITTEE ON STATE AFFAIRS, report thatwe have had under consideration H 501 and H 535 andrecommend that they do pass.

DEAL, Chairman




HOUSE CONCURRENT RESOLUTION NO. 36 BY STATE AFFAIRS COMMITTEE

A CONCURRENT RESOLUTIONS T ATING LE GISL ATI VE F IND ING S AN D

RECOGNIZING FEBRUARY 6 AS RONALD REAGAN DAYIN IDAHO.


WHEREAS, President Ronald Wilson Reagan, a man ofhumble background, worked throughout his life serving freedomand advancing the public good, having been employed as anentertainer, union leader, corporate spokesman, Governor ofCalifornia and President of the United States; and


WHEREAS, Ronald Reagan served with honor anddistinction for two terms as the fortieth President of the UnitedStates of America, the second of which he earned the confidenceof three-fifths of the electorate and was victorious in forty-nine ofthe fifty states in the general election -- a record unsurpassed inthe history of American presidential elections; and

WHEREAS, in 1981, when Ronald Reagan was inauguratedPresident, he inherited a disillusioned nation shackled by rampantinflation and high unemployment; and

WHEREAS, during Mr. Reagan' s presidency he worked in abipartisan manner to enact his bold agenda of restoringaccountability and common sense to government, which led to anunprecedented economic expansion and opportunity for millionsof Americans; and

WHEREAS, Mr. Reagan' s commitment to an active socialpolicy agenda for the nation' s children helped lower crime anddrug use in our neighborhoods; and

WHEREAS, President Reagan' s commitment to our armedforces contributed to the restoration of pride in America, hervalues and those cherished by the free world and preparedAmerica' s armed forces to meet twenty-first century challenges;and

WHEREAS, President Reagan' s vision of "peace throughstrength" led to the end of the Cold War and the ultimate demiseof the Soviet Union, guaranteeing basic human rights for millionsof people; and

WHEREAS, on February 6, 2004, Ronald Reagan will havereached the age of ninety-three years.

NOW, THEREFORE, BE IT RESOLVED by the membersof the Second Regular Session of the Fifty-seventh IdahoLegislature, the House of Representatives and the Senateconcurring therein, that the Legislature hereby recognizesFebruary 6, 2004, and subsequent yearly anniversaries thereafteras "Ronald Reagan Day. "

HOUSE JOINT MEMORIAL NO. 13 BY TRAIL

A JOINT MEMORIALTO THE HONORABLE PRESIDENT OF THE UNITED

S T A T E S , T H E SE N A T E A N D H OU S E O FREPRESENTATIVES OF THE UNITED STATES INCONGRESS ASSEMBLED, AND TO THE CONGRESSIONALDELEGATION REPRESENTING THE STATE OF IDAHO INTHE CONGRESS OF THE UNITED STATES.

We, your Memorialists, the House of Representatives and theSenate of the State of Idaho assembled in the Second RegularSession of the Fifty-seventh Idaho Legislature, do herebyrespectfully represent that:

WHEREAS, increasingly, we have been made aware of theprevalence of child slavery in areas throughout the world; and

WHEREAS, while estimates are necessarily uncertain due tothe hidden nature of the practice, the most recent findings reveala tragedy of far greater magnitude than was earlier suspected; and

WHEREAS, some 211 million children between the ages of 5and 14 are working in developing countries, which includeschildren engaged in activities ranging from part-time work onfamily farms to children enslaved in hazardous and forced labor;and

WHEREAS, in the category of children engaged in the worstforms of child labor, it is estimated that 1,200,000 weretrafficked, 5,700,000 were in forced and bonded labor, 300,000

were engaged in armed conflict, 1,800,000 were involved inprostitution and pornography, and 600,000 were involved inother illicit activities such as drug trafficking; and

WHEREAS, an additional 170,000,000 children wereengaged in hazardous work which constituted a danger to theirlife or health; and

WHEREAS, in addition to the significant moral and ethicalissues surrounding such use and abuse of children, the losses tosociety due to failure to educate and nourish these children andemploy their talents in positive and productive contributions areprofound; and

WHEREAS, Idahoans, as responsible citizens of the world,cannot fail to voice strong opposition and abhorrence of allpractices which violate the rights of children.

NOW, THEREFORE, BE IT RESOLVED by the membersof the Second Regular Session of the Fifty-seventh IdahoLegislature, the House of Representatives and the Senateconcurring therein, that we urge the President of the UnitedStates and the Congress of the United States to take action inevery appropriate forum to address the tyranny of child slavery.In world organizations in which the United States is a participantas well as through American businesses which operateinternationally, every opportunity should be exercised to alleviateconditions which are unhealthy, illegal and immoral to assure afuture of fulfillment for the children of the world.

BE IT FURTHER RESOLVED that the Chief Clerk of theHouse of Representatives be, and she is hereby authorized anddirected to forward a copy of this Memorial to the President ofthe United States, the President of the Senate and the Speaker ofthe House of Representatives of Congress, and the congressionaldelegation representing the State of Idaho in the Congress of theUnited States.

HCR 36 and HJM 13 were introduced, read the first time bytitle, and referred to the Judiciary, Rules, and AdministrationCommittee for printing.

SCR 119, by Agricultural Affairs Committee, wasintroduced, read the first time by title, and referred to theAgricultural Affairs Committee.



AN ACTRELATING TO MANUFACTURED AND MOBILE

HOMES; AMENDING THE HEADING FOR CHAPTER 21,TITLE 44, IDAHO CODE; AMENDING SECTION 44-2101,IDAHO CODE, TO DELETE REFERENCE TO THE TERMMANUFACTURED HOME BROKER AND TO PROVIDEREFERENCE TO MANUFACTURED HOME INSTALLER;AMENDING SECTION 44-2101A, IDAHO CODE, TOREVISE DEFINITIONS; AMENDING SECTION 44-2102,IDAHO CODE, TO DELETE REFERENCE TO THE TERMBROKER; AMENDING SECTION 44-2103, IDAHO CODE,TO PROVIDE REFERENCE TO INSTALLERS ANDRESPONSIBLE MANAGING EMPLOYEES, TO REVISEMAXIMUM FEES, TO DELETE REFERENCE TOMANUFACTURED HOME BROKER AND TO MAKETECHNICAL CORRECTIONS; AMENDING SECTION44-2106, IDAHO CODE, TO DELETE REFERENCE TOMANUFACTURED HOME BROKER AND TO PROVIDE


APPLICATION TO MANUFACTURED HOME INSTALLER;AND AMENDING SECTION 67-2601, IDAHO CODE, TODELETE REFERENCE TO MANUFACTURED HOMEBROKER AND TO PROVIDE REFERENCE TOMANUFACTURED HOME INSTALLER.


AN ACTRELATING TO ELEVATOR SAFETY; AMENDING

TITLE 39, IDAHO CODE, BY THE ADDITION OF A NEWCHAPTER 86, TITLE 39, IDAHO CODE, TO PROVIDE ASHORT TITLE, TO SET FORTH LEGISLATIVE FINDINGSAND INTENT, TO DEFINE TERMS, TO PROVIDE FORENFORCEMENT AND RULEMAKING AUTHORITY, TOPROVIDE SCOPE AND EXEMPTIONS, TO REQUIRE THATINSTALLATION AND PERIODIC INSPECTIONS BEPERFORMED BY CERTAIN PERSONS, TO REQUIREPERMITS, TO PROVIDE FOR THE SUBMISSION OFPERMIT APPLICATIONS, TO REQUIRE POSTING OFPERMITS, TO PROVIDE EXCEPTIONS, TO PROVIDETHAT PERMITS AND INSPECTIONS ARE NOTEXCLUSIVE REQUIREMENTS, TO PROVIDE FOR THERESPONSIBILITY FOR OPERATION AND MAINTENANCEOF EQUIPMENT AND PERIODIC TESTS, TO PROVIDEFOR TEMPORARY CERTIFICATES TO OPERATE, TOPROVIDE FOR CERTIFICATES TO OPERATE, TOPROVIDE THAT OPERATION OF A CONVEYANCEWITHOUT A CERTIFICATE MAY BE ENJOINED, TO SETFORTH PROVISIONS RELATING TO THE AUTHORITY OFT H E A D M I N I ST R A T O R T O O R D E R T H EDISCONTINUANCE OF CERTAIN OPERATIONS, TOADOPT SAFETY CODES, TO REQUIRE INSPECTIONS ANDTESTS, TO SET FORTH FEE SCHEDULES, TO PROVIDEFOR ANNUAL RENEWAL OF CERTIFICATES, TOPROVIDE FOR INSPECTION REPORTS, TO PROVIDETHAT VIOLATIONS CONSTITUTE MISDEMEANORS ANDTO SET FORTH PUNISHMENT, TO PROVIDE FOR CIVILPENALTIES, TO REQUIRE NOTICE OF VIOLATIONS, TOSET FORTH NONLIABILITY PROVISIONS AND TO SETFORTH PROVISIONS RELATING TO ACCIDENTS;AMENDING SECTION 39-4109, IDAHO CODE, TOREMOVE A REFERENCE TO AN ELEVATOR ANDESCALATOR SAFETY CODE; AND AMENDING SECTION72-720, IDAHO CODE, TO REMOVE A REFERENCE TOELEVATORS.


AN ACTRELATING TO RESIDENTIAL MORTGAGE

PRACTICES; AMENDING SECTION 26-3103, IDAHOCODE, TO PROVIDE AN EXEMPTION FOR AGENTS WHOACT UNDER AN EXCLUSIVE CONTRACT WITH NOMORE THAN ONE LICENSEE ON A FULL-TIME ORPART-TIME BASIS.


COMMITTEE AN ACT

RELATING TO DRUG COURT FEES; AMENDINGSECTION 31-3201E, IDAHO CODE, TO REVISETERMINOLOGY, TO MAKE GRAMMATICAL CHANGES,

TO PROVIDE THAT MONEYS IN THE COUNTY DRUGCOURT FUND MAY BE EXPENDED FOR PRIVATECOUNSELING SERVICES, TO PROVIDE THAT THEFAILURE TO PAY THE DRUG COURT FEE MAYCONSTITUTE GROUNDS FOR TERMINATION FROMDRUG COURT, TO PROVIDE THAT TERMINATIONSHALL NOT BE THE EXCLUSIVE REMEDY FOR FEECOLLECTION, TO PROVIDE THAT CERTAIN UNPAIDDRUG COURT FEES SHALL BE ORDERED BY THECOURT IN THE JUDGMENT OF CONVICTION UNLESSWAIVED BASED UPON A PERSON' S INABILITY TO PAYTHE FEE, TO PROVIDE THAT THE DRUG COURT FEESHALL BE IN ADDITION TO ALL OTHER FINES ANDFEES LEVIED AND TO PROVIDE THAT PAYMENT OFTHE FEE MAY BE ORDERED AS A TERM ANDCONDITION OF PROBATION; AND AMENDING CHAPTER56, TITLE 19, IDAHO CODE, BY THE ADDITION OF ANEW SECTION 19-5608, IDAHO CODE, TO PROVIDE FORTHE PAYMENT OF A DRUG COURT FEE.


COMMITTEE AN ACT

RELATING TO DAY CARE FACILITIES; AMENDINGSECTION 39-1105, IDAHO CODE, TO REVISEREQUIREMENTS FOR CRIMINAL HISTORY CHECKS;AMENDING CHAPTER 11, TITLE 39, IDAHO CODE, BYTHE ADDITION OF A NEW SECTION 39-1113A, IDAHOCODE, TO PROVIDE THAT CERTAIN PERSONS ARE NOTPERMITTED ON THE PREMISES OF A DAY CAREFACILITY, TO PROVIDE CRIMINAL AND CIVILPENALTIES AND TO PROVIDE PROCEDURES FOR ACIVIL ENFORCEMENT ACTION; AND DECLARING ANEMERGENCY.


COMMITTEE AN ACT

RELATING TO THE CRIME OF STALKING;AMENDING SECTION 18-920, IDAHO CODE, TO PROVIDEA CODE REFERENCE; REPEALING SECTION 18-7905,IDAHO CODE, RELATING TO STALKING; AMENDINGCHAPTER 79, TITLE 18, IDAHO CODE, BY THEADDITION OF A NEW SECTION 18-7905, IDAHO CODE,TO PROVIDE FOR THE CRIME OF STALKING IN THEFIRST DEGREE, TO DEFINE TERMS AND TO SET FORTHPUNISHMENT; AMENDING CHAPTER 79, TITLE 18,IDAHO CODE, BY THE ADDITION OF A NEW SECTION18-7906, IDAHO CODE, TO PROVIDE FOR STALKING INTHE SECOND DEGREE, TO DEFINE TERMS AND TO SETFORTH PUNISHMENT; AND AMENDING SECTION 19-603,IDAHO CODE, TO PROVIDE A CODE REFERENCE ANDDESCRIPTIVE LANGUAGE.



SECTION 36-407, IDAHO CODE, TO PERMIT HOLDERS OFYOUTH LICENSES TO HUNT TURKEYS; AMENDINGSECTION 36-412, IDAHO CODE, TO AUTHORIZE AREDUCED COST LICENSE TO JUNIOR AGED


GRADUATES OF HUNTER SAFETY COURSES;DECLARING AN EMERGENCY AND PROVIDING ARETROACTIVE EFFECTIVE DATE.


AN ACTRELATING TO IMMUNITY FOR THE USE OF

DEFIBRILLATORS; AMENDING SECTION 5-337, IDAHOC O D E , T O R E V I SE T H E D E F I N I T I O N OF"DEFIBRILLATOR," TO REMOVE REFERENCES TODEFIBRILLATORS ACQUIRED PURSUANT TO APRESCRIPTION, TO REMOVE THE REQUIREMENT TOREPORT THE CLINICAL USE OF A DEFIBRILLATOR TO APRESCRIBING PHYSICIAN AND TO PROVIDE A CORRECTCODE REFERENCE.


AN ACTRELATING TO ELECTIONS OF HIGHWAY

COMMISSIONERS; AMENDING SECTION 40-1305, IDAHOCODE, TO PROVIDE FOR THE ELECTION OF HIGHWAYCOMMISSIONERS BY SUBDISTRICT AND TO MAKE ATECHNICAL CHANGE.


AN ACTRELATING TO WINE SAMPLE TASTING; AMENDING

CHAPTER 13, TITLE 23, IDAHO CODE, BY THEADDITION OF A NEW SECTION 23-1325C, IDAHO CODE,TO PROVIDE THAT WINERIES AND VINTNERS MAYCONDUCT OR ASSIST IN WINE SAMPLE TASTINGS, TOPROVIDE THAT HOLDERS OF RETAIL WINE LICENSESOR WINE BY THE DRINK LICENSES MAY CONDUCTWINE SAMPLE TASTING EVENTS, TO PROVIDE THAT AWINE BY THE DRINK LICENSE SHALL NOT BEREQUIRED UNDER CERTAIN CIRCUMSTANCES, TO SETFORTH REQUIREMENTS APPLICABLE TO SAMPLETASTING EVENTS, TO SET FORTH ADDITIONALREQUIREMENTS FOR VINTN ER OR WINERYCONDUCTED SAMPLE TASTINGS, TO PROVIDE FORRETAILER CONDUCTED WINE SAMPLE TASTINGS ANDTO PROVIDE THAT PARTICIPATION IN AN AUTHORIZEDWINE SAMPLE TASTING EVENT SHALL NOTCONSTITUTE PROHIBITED CONDUCT OR UNLAWFULAID TO A RETAILER.

HOUSE JOINT RESOLUTION NO. 5 BY REVENUE AND TAXATION COMMITTEE

A JOINT RESOLUTIONPROPOSING AN AMENDMENT TO ARTICLE VII, OF

THE CONSTITUTION OF THE STATE OF IDAHO,RELATING TO FINANCE AND REVENUE, BY THEADDITION OF A NEW SECTION 18, ARTICLE VII, TOPROVIDE THAT ANY ACTION TAKEN BY THELEGISLATURE THAT WOULD INCREASE THE RATE OFTHE STATE SALES AND USE TAX, THE STATEINDIVIDUAL INCOME TAX, AND THE STATECORPORATE OR FRANCHISE TAX, SHALL BEAPPROVED BY TWO-THIRDS OF THE ENTIREMEMBERSHIP OF THE HOUSE OF REPRESENTATIVES,TWO-THIRDS OF THE ENTIRE MEMBERSHIP OF THE

SENATE, AND THE GOVERNOR; STATING THEQUESTION TO BE SUBMITTED TO THE ELECTORATE;DIRECTING THE LEGISLATIVE COUNCIL TO PREPARETHE STATEMENTS REQUIRED BY LAW; ANDDIRECTING THE SECRETARY OF STATE TO PUBLISHTHE AMENDMENT AND ARGUMENTS AS REQUIRED BYLAW.

H 568, H 569, H 570, H 571, H 572, H 573, H 574, H 575,H 576, H 577, and HJR 5 were introduced, read the first time bytitle, and referred to the Judiciary, Rules, and AdministrationCommittee for printing.





Adjournment

Mr. Denney moved that the House adjourn until 11:15 a.m.,Thursday, January, 29, 2004. Seconded by Ms. Jaquet. Motioncarried.



EIGHTEENTH LEGISLATIVE DAYTHURSDAY, JANUARY 29, 2004



Roll call showed 66 members present.Absent and excused -- Cuddy, Roberts, Sali, Schaefer.



The Pledge of Allegiance was led by Heidi Lake, Page.

Approval of Journal


We, your COMMITTEE ON JUDICIARY, RULES, ANDADMINISTRATION, report that we have read and approved theHouse Journal of the Seventeenth Legislative Day andrecommend that same be adopted as corrected.

FIELD(18), Chairman





I transmit herewith SCR 120, S 1213, S 1216, S 1217, andS 1218 which have passed the Senate.

WOOD, Secretary

SCR 120, S 1213, S 1216, S 1217, and S 1218 were filed forfirst reading.



We, your COMMITTEE ON JUDICIARY, RULES, ANDADMINISTRATION report that we have printed HCR 36,HJM 13, H 568, H 569, H 570, H 571, H 572, H 573, H 574,H 575, H 576, H 577, and HJR 5.

FIELD(18), Chairman

HCR 36, HJM 13, H 576, and H 577 were referred to theState Affairs Committee.

H 568, H 569, and H 570 were referred to the BusinessCommittee.

H 571, H 572, and H 573 were referred to the Judiciary,Rules, and Administration Committee.


H 575 was referred to the Health and Welfare Committee.

HJR 5 was referred to the Revenue and Taxation Committee.



WOOD, Chairman




DEAL, Chairman




SCR 120, by Health and Welfare Committee, wasintroduced, read the first time by title, and referred to the Healthand Welfare Committee.



AN ACTRELATING TO SINGLE COUNTYWIDE HIGHWAY

DISTRICTS; AMENDING CHAPTER 14, TITLE 40, IDAHOCODE, BY THE ADDITION OF A NEW SECTION 40-1418,IDAHO CODE, TO PROVIDE PROCEDURES FORDISSOLUTION OF EXISTING SINGLE COUNTYWIDEHIGHWAY DISTRICTS; AND AMENDING SECTION40-1801, IDAHO CODE, TO PROVIDE THAT THE SECTIONSHALL NOT APPLY TO SINGLE COUNTYWIDEHIGHWAY DISTRICTS AND TO PROVIDE APPLICATIONTO A SINGLE COUNTYWIDE HIGHWAY DISTRICT.


AN ACTRELATING TO PROTECTION OF THE MENTALLY

ILL; AMENDING SECTION 66-317, IDAHO CODE, TOFURTHER DEFINE TERMS; AND AMENDING SECTION66-346, IDAHO CODE, TO GOVERN COMMUNICATIONAND VISITATION RIGHTS OF PATIENTS AND TO MAKEA TECHNICAL CORRECTION.


AN ACTRELATING TO EMERGENCY COMMUNICATIONS

SYSTEMS; AMENDING SECTION 31-4801, IDAHO CODE,TO REVISE LEGISLATIVE PURPOSE AND TO MAKE ATECHNICAL CORRECTION; AMENDING CHAPTER 48,TITLE 31, IDAHO CODE, BY THE ADDITION OF NEWSECTIONS 31-4815, 31-4816, 31-4817 AND 31-4818, IDAHOCODE, TO CREATE THE IDAHO EMERGENCYCOMMUNICATIONS COMMISSION, TO PROVIDEMEMBERSHIP AND TERMS OF OFFICE, TO PROVIDEPURPOSES AND RESPONSIBILITIES OF THE IDAHOEMERGENCY COMMUNICATIONS COMMISSION, TOPROVIDE MEDIATION BY THE IDAHO EMERGENCYCOMMUNICATIONS COMMISSION AND TO CREATE THEIDAHO EMERGENCY COMMUNICATIONS FUND.


AN ACTRELATING TO BANKRUPTCY AND PENSION PLANS;

AMENDING SECTION 11-604A, IDAHO CODE, TOINCLUDE 457 PLANS AS EXEMPT FROM EXECUTION,ATTACHMENT, GARNISHMENT, SEIZURE OR OTHERLEVY OR BY ANY OTHER LEVY BY OR UNDER ANYLEGAL PROCESS WHATEVER WITH EXCEPTIONS, TOFURTHER DEFINE THE TERM "EMPLOYEE BENEFITPLAN, " TO DELETE LANGUAGE REGARDING


APPLICATION TO CERTAIN EMPLOYEE BENEFIT PLANS,TO PROVIDE PAYMENTS FROM A 457 PLAN UNDERCERTAIN CIRCUMSTANCES AND TO MAKE TECHNICALCORRECTIONS; AND DECLARING AN EMERGENCY.

HOUSE JOINT RESOLUTION NO. 6 BY BARRETT AND WOOD


THE CONSTITUTION OF THE STATE OF IDAHO, BY THEADDITION OF A NEW SECTION 18, ARTICLE VII, OF THECONSTITUTION OF THE STATE OF IDAHO, RELATINGTO A TAXPAYER' S BILL OF RIGHTS TO LIMITLEGISLATIVE APPROPRIATIONS AND EXPENDITURES INANY FISCAL YEAR TO THE APPROPRIATIONS ANDEXPENDITURES FROM THE PREVIOUS FISCAL YEARWITH ALLOWANCE FOR ANNUAL CHANGES IN THECOST OF LIVING AND POPULATION, TO PROVIDE THATANY BILL THAT CREATES OR INCREASES A TAX RATE,REMOVES A TAX EXEMPTION, OR CREATES ORINCREASES A DISCRETIONARY USER CHARGE AFTERRATIFICATION OF THIS SECTION, MUST BE AGREED TOBY TWO-THIRDS OF ALL MEMBERS PRESENT IN EACHOF THE TWO HOUSES OF THE LEGISLATURE ANDSIGNED BY THE GOVERNOR, TO CREATE THEEMERGENCY FUND, THE BUDGET STABILIZATIONFUND AND THE EXCESS REVENUE FUND, TO PROVIDEFOR DEPOSITS TO THE FUNDS AND WITHDRAWAL OFREVENUES FROM THE FUNDS AND TO PROVIDE THATTHE LEGISLATURE M AY IM POSE TAX ANDEXPENDITURE LIMITATIONS UPON LOCAL UNITS OFGOVERNMENT; STATING THE QUESTION TO BESUBMITTED TO THE ELECTORATE; DIRECTING THELEGISLATIVE COUNCIL TO PREPARE THE STATEMENTSREQUIRED BY LAW; AND DIRECTING THE SECRETARYOF STATE TO PUBLISH THE AMENDMENT ANDARGUMENTS AS REQUIRED BY LAW.

HOUSE JOINT RESOLUTION NO. 7 BY BARRETT


THE CONSTITUTION OF THE STATE OF IDAHO,RELATING TO FINANCE AND REVENUE, BY THEADDITION OF A NEW SECTION 19, ARTICLE VII, OF THECONSTITUTION OF THE STATE OF IDAHO, RELATINGTO A TAXPAYER'S BILL OF RIGHTS TO LIMITLEGISLATIVE APPROPRIATIONS AND EXPENDITURES INANY FISCAL YEAR TO THE APPROPRIATIONS ANDEXPENDITURES FROM THE PREVIOUS FISCAL YEARWITH ALLOWANCE FOR ANNUAL CHANGES IN THECOST OF LIVING AND POPULATION, TO CREATE THEEMERGENCY FUND, THE BUDGET STABILIZATIONFUND AND THE EXCESS REVENUE FUND, TO PROVIDEFOR DEPOSITS TO THE FUNDS AND WITHDRAWAL OFREVENUES FROM THE FUNDS AND TO PROVIDE THATTHE LEGISLATURE MAY IMPOSE TAX ANDEXPENDITURE LIMITATIONS UPON LOCAL UNITS OFGOVERNMENT; STATING THE QUESTION TO BESUBMITTED TO THE ELECTORATE; DIRECTING THELEGISLATIVE COUNCIL TO PREPARE THE STATEMENTSREQUIRED BY LAW; AND DIRECTING THE SECRETARYOF STATE TO PUBLISH THE AMENDMENT ANDARGUMENTS AS REQUIRED BY LAW.

HOUSE JOINT RESOLUTION NO. 8 BY BARRETT

A JOINT RESOLUTIONPROPOSING AN AMENDMENT TO SECTION 8,

ARTICLE III, OF THE CONSTITUTION OF THE STATE OFIDAHO, RELATING TO SESSIONS OF THE LEGISLATUREAND THE CONVENING DATE OF THE SESSION, TOCHANGE THE SESSIONS OF THE STATE LEGISLATUREFROM ANNUAL TO BIENNIAL, AND TO PROVIDE FORTHE CONVENING OF THE BIENNIAL SESSION ON THESECOND MONDAY AFTER THE FIRST DAY OF JANUARYOF EACH ODD-NUMBERED YEAR, UNLESS ADIFFERENT DAY SHALL HAVE BEEN APPOINTED BYLAW, AND AT OTHER TIMES WHEN CONVENED BY THEGOVERNOR; STATING THE QUESTION TO BESUBMITTED TO THE ELECTORATE; DIRECTING THELEGISLATIVE COUNCIL TO PREPARE THE STATEMENTSREQUIRED BY LAW; AND DIRECTING THE SECRETARYOF STATE TO PUBLISH THE AMENDMENT ANDARGUMENTS AS REQUIRED BY LAW.

H 578, H 579, H 580, H 581, HJR 6, HJR 7, and HJR 8were introduced, read the first time by title, and referred to theJudiciary, Rules, and Administration Committee for printing.

S 1213, S 1216, S 1217, and S 1218, by Finance Committee,were introduced, read the first time by title, and filed for secondreading.



H 565 and H 566, by Appropriations Committee, were readthe second time by title and filed for third reading.

H 501 and H 535, by State Affairs Committee, were read thesecond time by title and filed for third reading.



At this time, the Speaker recognized Mr. Smith(24) to opendebate.



Bedke, Bell, Black, Block, Boe, Bolz, Bradford, Campbell,Cannon, Clark, Collins, Crow, Deal, Denney, Douglas, Eberle,Edmunson, Ellsworth, Eskridge, Field(18), Field(23), Gagner,Garrett, Harwood, Henbest, Jaquet, Jones, Kellogg, Kulczyk,Langford, Langhorst, Martinez, McGeachin, McKague, Meyer,Miller, Mitchell, Moyle, Naccarato, Nielsen, Pasley-Stuart,Raybould, Ridinger, Ring, Ringo, Robison, Rydalch, Sayler,


Shepherd, Shirley, Skippen, Smith(30), Smith(24), Smylie,Snodgrass, Stevenson, Trail, Wills, Wood, Mr. Speaker.Total -- 65.

NAYS -- None.Absent and excused -- Cuddy, Lake, Roberts, Sali, Schaefer.




Adjournment

Mr. Denney moved that the House adjourn until 8 a.m. ,Friday, January 30, 2004. Seconded by Mrs. Boe. Motioncarried.




NINETEENTH LEGISLATIVE DAYFRIDAY, JANUARY 30, 2004



Roll call showed 63 members present.Absent and excused -- Crow, Kellogg, Nielsen, Ridinger,

Schaefer, Shepherd, Smith(24). Total -- 7.Total -- 70.



Approval of Journal


We, your COMMITTEE ON JUDICIARY, RULES, ANDADMINISTRATION, report that we have read and approved theHouse Journal of the Eighteenth Legislative Day and recommendthat same be adopted as corrected.

FIELD(18), Chairman





We, your COMMITTEE ON JUDICIARY, RULES, ANDADMINISTRATION report that we have printed H 578, H 579,H 580, H 581, HJR 6, HJR 7, and HJR 8.

FIELD(18), Chairman

H 578 was referred to the Transpor tation and DefenseCommittee.


H 580, H 581, and HJR 8 were referred to the State AffairsCommittee.

HJR 6 and HJR 7 were referred to the Revenue and TaxationCommittee.


We, your COMMITTEE ON JUDICIARY, RULES, ANDADMINISTRATION, report that we have had underconsideration H 508 and recommend it be referred to the StateAffairs Committee.

FIELD(18), Chairman




HOUSE CONCURRENT RESOLUTION NO. 37 BY TRAIL

A CONCURRENT RESOLUTIONPROVIDING FOR THE ADOPTION OF A NEW JOINT

RULE 21 OF THE JOINT RULES OF THE SENATE ANDTHE HOUSE OF REPRESENTATIVES OF THE STATE OFIDAHO.


WHEREAS, the House of Representatives and the Senatedeem it necessary and advisable to adopt a new Joint Ruleproviding special conditions governing certain bills.

NOW, THEREFORE, BE IT RESOLVED by the membersof the Second Regular Session of the Fifty-seventh IdahoLegislature, the House of Representatives and the Senateconcurring therein, that the Joint Rules of the Senate and theHouse of Representatives be amended by the addition thereto of anew Joint Rule 21 to read as follows:

JOINT RULE 21Certain Appropriation Bills.--Any bill which originates in the

Senate Finance Committee or the House AppropriationsCommittee, which appropriates moneys and which also containsin the body of the bill an amendment to the statutes of the state ofIdaho, shall not become law except with the concurrence of atwo-thirds majority of the membership of each house and after apublic hearing has been conducted.


HOUSE CONCURRENT RESOLUTION NO. 38 BY JUDICIARY, RULES, AND ADMINISTRATION

COMMITTEE A CONCURRENT RESOLUTION

PROPOSING A NEW JOINT RULE 22 TO THE JOINTRULES OF THE SENATE AND THE HOUSE OFREPRESENTATIVES.


WHEREAS, the members of the House of Representativesand the Senate believe that a new Joint Rule 22 should be addedto the Joint Rules of the Senate and the House of Representativesto provide for taking and recording testimony, under oath,regarding legislative business involving bonds.

NOW, THEREFORE, BE IT RESOLVED by the membersof the Second Regular Session of the Fifty-seventh IdahoLegislature, the House of Representatives and the Senateconcurring therein, that the Joint Rules of the Senate and theHouse of Representatives be amended by the addition thereto of anew Joint Rule to read as follows:

JOINT RULE 22Taking and Recording Testimony Under Oath.--Whenever

conducting legislative business regarding issuance of bondsinvolving the state, a political subdivision of the state or anindependent body corporate politic, a committee shall require thattestimony be given under oath, which shall be administered bythe chairman or by a person authorized by law to administeroaths. The chairman may require that the testimony be recordedby an official court reporter or by some other competent person,under oath, which report, when written, certified and approvedby the person as being the direct transcript of the testimony,proceedings or documents, shall be prima facie a correctstatement of the testimony and proceedings provided that theperson' s signature to the certificate shall be duly acknowledgedby him before a notary public. Any person who takes an oathpursuant to this rule shall be notified that if the person under oathstates as true any material matter which he knows to be false isguilty of perjury and shall be punished pursuant to chapter 54,title 18, Idaho Code.

HOUSE JOINT MEMORIAL NO. 14 BY HARWOOD AND MCKAGUE

A JOINT MEMORIALTO THE PRESIDENT OF THE UNITED STATES, TO

THE SENATE AND HOUSE OF REPRESENTATIVES OFTHE UNITED STATES IN CONGRESS ASSEMBLED, ANDTO THE CONGRESSIONAL DELEGATION REPRESENTINGTHE STATE OF IDAHO IN THE CONGRESS OF THEUNITED STATES.


WHEREAS, the United States of America became anindependent, sovereign nation for reasons expressed in theDeclaration of Independence and as the result of a bloody War ofIndependence; and

WHEREAS, the Constitution of the United States of Americais, and rightfully must remain, the supreme law of the land; and

WHEREAS, the Constitution of the United States of Americaprovides for limited, nondelegable and diffuse powers ofgovernment which are separated among the Congress, thePresident and the Judiciary; and

WHEREAS, the Constitution of the United States of Americapreserves the powers and duties of the individual states; and

WHEREAS, the Constitution of the United States of Americaguarantees personal liberties of each individual citizen; and

WHEREAS, the American system of government is based onthe "self-evident truth" that "men...are endowed by theirCreator" with rights that no government can justly abrogate; and WHEREAS, the United Nations' Universal Declaration ofHuman Rights claims power to limit the exercise of basic rightsand states that no "rights and freedom may be exercised contraryto the purposes and principles of the United Nations" ; and

WHEREAS, the Charter of the United Nations falselypurports to supersede the independence and sovereignty of theUnited States and the Constitution of the United States ofAmerica and usurp powers delegated therein, to wit:

(1) By concentrating in the Security Council control and useof certain American military personnel and the militarypersonnel of all member nations for its own purposes withoutany accountability, in violation of the exclusive power ofCongress to declare war; and(2) By seeking authority to tax citizens of the United Statesand of other member nations directly to support UnitedNations activities; and(3) By sponsoring an International Criminal Court whichviolates the rights of the accused as well as the Constitutionof the United States, in that it:

(a) Has no legitimate judicial authority and lacks anybody of laws by which to adjudicate cases, the authorityto enact such laws resting exclusively with sovereignnations; and(b) Merges the functions of prosecutor and adjudicatorinto one office, contrary to the Constitution of the UnitedStates; and(c) Fails to provide any appeal from adjudications at thetrial level; and(d) Fails to provide for a trial by a jury of the accused' speers; and(e) Fails to require that the accused be confronted by hisaccusers, providing instead for the use of hearsaytestimony; and(f) Fails to provide for the accused the right to compelthe production of witnesses; and(g) Allows evidence obtained from the accused bycompulsion; and(h) Denies other fundamental rights recognized in theconstitutional jurisprudence of the United States ofAmerica.

WHEREAS, the General Assembly of the United Nationscontinues to place rogue, terrorist nations such as Cuba, Libyaand Syria in positions of membership and leadership on itsHuman Rights Commission, in defiance of norms of commondecency, morality and justice; and

WHEREAS, the flaws and founding precepts of the UnitedNations are the antithesis of this nation' s independence andsovereignty, its Constitution, and basic principles of justice andhuman dignity to the point that the United Nations is incapable ofrestructuring or reformation to correct the aforesaid flaws.

NOW, THEREFORE, BE IT RESOLVED by the membersof the Second Regular Session of the Fifty-seventh IdahoLegislature, the House of Representatives and the Senate


concurring therein, that we forcefully and respectfully urge theIdaho delegation in the United States Congress to supportenactment of H.R. 1146, a bill before Congress to have theUnited States withdraw fully and completely from the UnitedNations, and further to cease forthwith any and all funding of theUnited Nations and any of its agencies, or any group with anyassociation therewith whatsoever.

BE IT FURTHER RESOLVED that the Chief Clerk of theHouse of Representatives be, and she is hereby authorized anddirected to forward a copy of this Memorial to the President ofthe United States, to the President of the Senate and the Speakerof the House of Representatives of Congress, and thecongressional delegation representing the State of Idaho in theCongress of the United States.

HCR 37, HCR 38, and HJM 14 were introduced, read thefirst time by title, and referred to the Judiciary, Rules, andAdministration Committee for printing.




CHAPTER 30, TITLE 63, IDAHO CODE, BY THEADDITION OF A NEW SECTION 63-3029K, IDAHO CODE,TO PROVIDE AN INCOME TAX CREDIT TO A RESIDENTINDIVIDUAL OR PART-YEAR RESIDENT INDIVIDUALBASED ON A PERCENT OF THE AMOUNT OF THEFEDERAL EARNED INCOME TAX CREDIT CLAIMED ONTHE INDIVIDUAL' S FEDERAL INCOME TAX RETURNAND TO PROVIDE PROCEDURES; AMENDING SECTION63-3024, IDAHO CODE, TO PROVIDE, FOR TAXABLEYEAR 2004 AND EACH TAXABLE YEAR THEREAFTER,FOR ONE ADDITIONAL INCOME BRACKET AND ANINCREASED RATE OF TAXATION FOR THAT BRACKET;AMENDING SECTION 63-3024A, IDAHO CODE, TOPROVIDE THAT A RESIDENT INDIVIDUAL WHO HASNOT REACHED HIS SIXTY-FIFTH BIRTHDAY AND ISNOT REQUIRED BY LAW TO FILE AN IDAHO INCOMETAX RETURN AND WHO HAS RECEIVED NO CREDIT ORREFUND UNDER ANY OTHER SUBSECTION OF THISSECTION, SHALL BE ENTITLED TO A REFUND OFTWENTY DOLLARS AND TO PROVIDE ANY REFUNDSHALL BE PAID TO SUCH INDIVIDUAL ONLY UPON HISMAKING APPLICATION THEREFOR AT SUCH TIME ANDIN SUCH MANNER AS MAY BE PRESCRIBED BY THESTATE TAX COMMISSION FOR CARR YOVERAUTHORITY FOR UNUSED GROCERY TAX CREDITS;DECLARING AN EMERGENCY AND PROVIDINGRETROACTIVE APPLICATION.


AN ACTRELATING TO THE EDUCATIONAL SUPPORT

PROGRAM; REPEALING SECTIONS 33-907, 33-1018 AND33-1018A, IDAHO CODE; AMENDING SECTION 33-1002,IDAHO CODE, TO REVISE THE SCHOOL DISTRICTS'CONTRIBUTION CALCULATION; AMENDING SECTION33-1002D, IDAHO CODE, TO ELIMINATE A LIMIT ON THE

AMOUNT TO BE DISTRIBUTED FOR PROPERTY TAXRELIEF; AMENDING SECTION 33-1004A, IDAHO CODE,TO ELIMINATE A CAP IMPOSED UPON GROWTH OF THEEXPERIENCE AND EDUCATION MULTIPLIER FORINSTRUCTIONAL SALARIES; AND AMENDING SECTION33-1009, IDAHO CODE, TO REVISE THE METHODOLOGYFOR PAYMENTS FROM THE PUBLIC SCHOOL INCOMEFUND.


AN ACTRELATING TO THE VOLUNTARY CONTRIBUTIONS

ACT; REPEALING CHAPTER 26, TITLE 44, IDAHO CODE,AND REPEALING SECTIONS 4 AND 5, CHAPTER 97,LAWS OF 2003, RELATING TO THE VOLUNTARYCONTRIBUTIONS ACT; AMENDING SECTION 44-2004,IDAHO CODE, TO STRIKE LANGUAGE PROVIDING THATDEDUCTIONS FOR POLITICAL ACTIVITIES AS DEFINEDIN THE VOLUNTARY CONTRIBUTIONS ACT SHALL NOTBE DEDUCTED FROM THE WAGES, EARNINGS ORCOMPENSATION OF AN EMPLOYEE AND TO STRIKELANGUAGE PROVIDING THAT NOTHING IN THE RIGHTTO WORK LAW SHALL PROHIBIT AN EMPLOYEE FROMPERSONALLY PAYING CONTRIBUTIONS FOR POLITICALACTIVITIES; AMENDING SECTION 67-6605, IDAHOCODE, TO PROVIDE THAT A POLITICAL COMMITTEEMAY SOLICIT OR OBTAIN CONTRIBUTIONS ON ANAUTOMATIC BASIS INCLUDING, BUT NOT LIMITED TO,A PAYROLL DEDUCTION PLAN ONLY IF THE PERSONWHO IS CONTRIBUTING TO THE POLITICALCOMMITTEE AFFIRMATIVELY CONSENTS IN WRITINGTO THE CONTRIBUTION AT LEAST ONCE EVERYCALENDAR YEAR AND TO DELETE LANGUAGEPROVIDING THAT A POLITICAL COMMITTEE MAYSOLICIT OR OBTAIN CONTRIBUTIONS FROMINDIVIDUALS AS PROVIDED IN THE VOLUNTARYCONTRIBUTIONS ACT OR AS PROVIDED IN THE STATE' SRIGHT TO WORK LAW; AND DECLARING ANEMERGENCY.


AN ACTRELATING TO INSPECTIONS OF MODULAR

BUILDINGS OR MANUFACTURED HOUSING; AMENDINGSECTION 39-4103, IDAHO CODE, TO PROVIDE ANEXEMPTION TO MODULAR BUILDINGS IF CERTAINCIRCUMSTANCES OCCUR; AMENDING SECTION 39-4105,IDAHO CODE, TO REVISE THE DEFINITION OF"MODULAR BUILDING"; AMENDING SECTION 39-4107,IDAHO CODE, TO PROVIDE POWERS AND DUTIES OFTHE ADMINISTRATOR OF BUILDING SAFETY;AMENDING CHAPTER 10, TITLE 54, IDAHO CODE, BYTHE ADDITION OF A NEW SECTION 54-1001D, IDAHOCODE, TO PROVIDE FOR INSPECTIONS OF MODULARBUILDINGS; AMENDING SECTION 54-1005, IDAHO CODE,TO PROVIDE THAT THE ADMINISTRATOR OF THEDIVISION OF BUILDING SAFETY MAY MAKEELECTRICAL INSPECTIONS FOR ANOTHER STATE ORL O C A L J U R I S D I C T I O N U N D E R C E R T A I NCIRCUMSTANCES AND TO MAKE A TECHNICAL


CORRECTION; AMENDING SECTION 54-1016, IDAHOCODE, TO MAKE TECHNICAL CORRECTIONS AND TOPROVIDE AN EXEMPTION TO CERTAIN MODULARBUILDINGS; AMENDING SECTION 54-2602, IDAHO CODE,TO PROVIDE AN EXCEPTION TO A MODULAR BUILDINGAND TO MAKE TECHNICAL CORRECTIONS; AMENDINGSECTION 54-2607, IDAHO CODE, TO PROVIDEADDITIONAL POWERS AND DUTIES TO THEADMINISTRATOR OF THE DIVISION OF BUILDINGSAFETY; AMENDING CHAPTER 26, TITLE 54, IDAHOCODE, BY THE ADDITION OF A NEW SECTION 54-2622A,IDAHO CODE, TO PROVIDE THAT THE ADMINISTRATOROF THE DIVISION OF BUILDING SAFETY MAY INSPECTPLUMBING SYSTEMS OF ANY MODULAR BUILDINGUPON WRITTEN REQUEST FROM THE MANUFACTURER;AND DECLARING AN EMERGENCY.


COMMITTEE AN ACT

RELATING TO USING PUBLIC POSITION FORPERSONAL GAIN; AMENDING SECTION 18-1359, IDAHOCODE, TO PROHIBIT THE MEMBERS OF A HOUSEHOLDOF A MAYOR, CITY COUNCIL MEMBER OR COUNTYCOMMISSIONER FROM BEING APPOINTED TO ANYOFFICE IN OR EMPLOYED IN THE LOCAL UNIT OFGOVERNMENT WHERE COMPENSATION IS PAID OUTOF PUBLIC FUNDS, TO PROVIDE THAT AN EMPLOYEEOF A GOVERNMENTAL ENTITY HOLDING A POSITIONPRIOR TO THE ELECTION OF A LOCAL GOVERNMENTOFFICIAL WHO IS A MEMBER OF THE OFFICIAL' SHOUSEHOLD SHALL BE ENTITLED TO RETAIN HIS ORHER POSITION AND RECEIVE CERTAIN PAY INCREASESAND TO DEFINE THE TERM "MEMBER OF AHOUSEHOLD" A N D T O M AKE TECHNICALCORRECTIONS.


COMMITTEE AN ACT

RELATING TO SURRENDER OF DEFENDANTS BYBAIL; AMENDING SECTION 19-2924, IDAHO CODE, TOPROVIDE THAT THE BAIL OR BAIL BONDSMAN SHALL,THE NEXT JUDICIAL DAY, FILE WITH THE COURT INWHICH THE ACTION OR APPEAL IS PENDING THECERTIFICATE OF SURRENDER, AND SHALL DELIVER ACOPY OF THE SAME TO THE COUNTY PROSECUTINGATTORNEY AND TO PROVIDE THAT NO BAIL OR BAILBONDSMAN SHALL SURRENDER A DEFENDANT TOANY COUNTY SHERIFF OTHER THAN THE COUNTYSHERIFF WHERE THE ACTION IS PENDING.


COMMITTEE AN ACT

RELATING TO ARCHAIC STATUTES PERTAINING TOCOUNTY SHERIFFS; REPEALING SECTIONS 8-124, 8-125,20-608 AND 20-611, IDAHO CODE, RELATING TO ESCAPELIABILITY FOR SHERIFFS, RELATING TO ESCAPE

JUDGMENT AGAINST SHERIFFS, RELATING TOREMOVAL OF PRISONERS IN CASE OF FIRE ANDRELATING TO EMPLOYMENT OF TEMPORARY GUARDSAT THE JAIL.


COMMITTEE AN ACT

RELATING TO BAIL; AMENDING SECTION 19-2925,IDAHO CODE, TO PROVIDE THAT CERTAIN PERSONSLICENSED AS BAIL AGENTS OR PEACE OFFICERS MAYBE EMPOWERED BY THE BAIL TO ARREST ADEFENDANT FOR SURRENDER.


COMMITTEE AN ACT

RELATING TO THE IDAHO COMMONSENSECONSUMPTION ACT; AMENDING TITLE 39, IDAHOCODE, BY THE ADDITION OF A NEW CHAPTER 87,TITLE 39, IDAHO CODE, TO PROVIDE A SHORT TITLE,TO LIMIT CIVIL LIABILITY RELATING TO THE LONG-TERM CONSUMPTION OF FOOD, TO PROVIDEEXEMPTIONS, TO DEFINE TERMS, TO SET FORTHREQUIREMENTS FOR PLEADINGS, TO PROVIDE FORTHE STAY OF DISCOVERY AND OTHER PROCEEDINGS;AND TO PROVIDE FOR APPLICATION TO CLAIMS.


COMMITTEE AN ACT

RELATING TO INMATES SENTENCED TO THECUSTODY OF THE STATE BOARD OF CORRECTION;AMENDING CHAPTER 1, TITLE 20, IDAHO CODE, BYTHE ADDITION OF A NEW SECTION 20-101E, IDAHOCODE, TO PROVIDE A PROGRAM WHERE INMATESMAY EARN A REDUCTION OF THEIR SENTENCE IFTHEY ARE ELIGIBLE AND COMPLY WITH APERSONALIZED PROGRAM PLAN, TO PROVIDE DETAILSOF THE PLAN, TO PROVIDE PROCEDURES, TO PROVIDETHE AMOUNT OF A TERM A COMMITTED OFFENDERMAY HAVE REDUCED, TO PROVIDE FOR FORFEITURE,WITHHOLDING OR RESTORATION OF EARNED TIMEREDUCTIONS AND TO PROVIDE APPLICATION;AMENDING SECTION 19-2513, IDAHO CODE, TOPROVIDE HOW AN OFFENDER CAN BE ELIGIBLE FORPAROLE OR DISCHARGE OR CREDIT OR REDUCTION OFSENTENCE; PROVIDING AN EFFECTIVE DATE ANDPROVIDING APPLICATION.


AN ACTRELATING TO WATER STORAGE AND MINE

TAILINGS DAMS; AMENDING SECTION 42-1717, IDAHOCODE, TO PROVIDE THAT ALL DAMS OR MINETAILINGS IMPOUNDMENT STRUCTURES REGULATEDBY THE DEPARTMENT OF WATER RESOURCES SHALLBE INSPECTED AT LEAST ONCE EVERY FIVE YEARSAND TO MAKE A TECHNICAL CORRECTION.



AN ACTRELATING TO DAM SAFETY DESIGN REVIEW FEES;

AMENDING SECTION 42-1713, IDAHO CODE, TOPROVIDE FOR A MINIMUM FEE IN ADDITION TO THEAMOUNT SET FORTH IN THE FEE SCHEDULE BASED ONRESERVOIR STORAGE CAPACITY AND TO MAKETECHNICAL CORRECTIONS.

HOUSE BILL NO. 594 BY LANGFORD

AN ACTRELATING TO THE VALUATION OF LAND

ACTIVELY DEVOTED TO AGRICULTURE; AMENDINGTITLE 63, IDAHO CODE, BY THE ADDITION OF A NEWCHAPTER 43, TITLE 63, IDAHO CODE, TO DEFINE THEAGRICULTURAL LAND PRESERVATION TAX, TOAUTHORIZE THE BOARD OF COUNTY COMMISSIONERSOF CERTAIN COUNTIES TO SUBJECT CERTAINFORMERLY AGRICULTURAL LANDS TO THE TAX ANDTO PROVIDE THAT THE TAX IS A PROPERTY TAXUNDER SECTION 63-206, IDAHO CODE, TO PROVIDETHE METHOD OF COMPUTATION OF THE TAX, TOPROVIDE FOR THE REMITTANCE OF THE REVENUECOLLECTED FROM THE TAX, TO PROVIDE THE RIGHTTO REVIEW THE JUDGMENT PROCEDURE IN THEDETERMINATION OF THE TAX, TO PROVIDE FOR THECONTINUATION OF VALUATION AS LAND ACTIVELYDEVOTED TO AGRICULTURE AFTER THE SALE OF THELAND WHEN THE AGRICULTURAL USE IS MAINTAINEDAND TO PROVIDE FOR APPLICATION OF THE TAX TOTHE PORTION OF THE LAND WITHDRAWN FROM USEFOR AGRICULTURAL PURPOSES; AMENDING SECTION63-802, IDAHO CODE, TO PROVIDE AN EXCEPTION TOTHE THREE PERCENT CAP FOR CERTAIN COUNTIESTHAT COLLECT THE AGRICULTU RAL LANDPRESERVATION TAX; DECLARING AN EMERGENCYAND PROVIDING RETROACTIVE APPLICATION.


AN ACTRELATING TO RULES OF THE DIVISION OF HUMAN

RESOURCES; AMENDING CHAPTER 53, TITLE 67, IDAHOCODE, BY THE ADDITION OF A NEW SECTION 67-5309D,IDAHO CODE, TO CREATE THE HUMAN RESOURCESREVIEW COM MITTEE, TO SE T FORTH THECOMPOSITION OF THE COMMITTEE, TO PROVIDE FORMEETINGS AND TO REQUIRE THE SUBMISSION OF AREPORT TO THE LEGISLATURE; DECLARING ANEMERGENCY AND PROVIDING A SUNSET DATE.

HOUSE JOINT RESOLUTION NO. 9 BY JUDICIARY, RULES, AND ADMINISTRATION

COMMITTEE A JOINT RESOLUTION

PROPOSING AN AMENDMENT TO ARTICLE III, OFTHE CONSTITUTION OF THE STATE OF IDAHO, BY THEADDITION OF A NEW SECTION 28, ARTICLE III, TOPROVIDE THAT ONLY MARRIAGE BETWEEN ONE MANAND ONE WOMAN AT ONE TIME SHALL BERECOGNIZED AS VALID IN THIS STATE AND THAT NOOTHER RELATIONSHIP SHALL BE RECOGNIZED AS A

MARRIAGE OR ITS LEGAL EQUIVALENT BY THE STATEOF IDAHO OR ITS POLITICAL SUBDIVISIONS,REGARDLESS OF WHETHER SUCH RELATIONSHIP ISRECOGNIZED BY THE LAWS OF ANY JURISDICTIONOUTSIDE OF THIS STATE; STATING THE QUESTION TOBE SUBMITTED TO THE ELECTORATE; DIRECTING THELEGISLATIVE COUNCIL TO PREPARE THE STATEMENTSREQUIRED BY LAW; AND DIRECTING THE SECRETARYOF STATE TO PUBLISH THE AMENDMENT ANDARGUMENTS AS REQUIRED BY LAW.

H 582, H 583, H 584, H 585, H 586, H 587, H 588, H 589,H 590, H 591, H 592, H 593, H 594, H 595, and HJR 9 wereintroduced, read the first time by title, and referred to theJudiciary, Rules, and Administration Committee for printing.





S 1213, S 1216, S 1217, and S 1218, by Finance Committee,were read the second time by title and filed for third reading.



HOUSE OF REPRESENTATIVESSpeaker of the House

January 29, 2004

All House Members:

After reviewing the House and Senate Joint rules and theConstitution of the State of Idaho it has been determined that anyJoint Resolution will be passed from committee by a simplemajority. Joint Resolutions will require a 2/3 majority of themembership for passage on the House floor pursuant toArticle XX Section 1 of the Constitution of the State of Idaho andJoint Rule 6 of the House and Senate of the State of Idaho.

Sincerely,/s/ BRUCE NEWCOMB

Speaker of the House

There being no objection, the House returned to the EleventhOrder of Business.


Mr. Moyle asked unanimous consent that H 565, H 566,H 501, and H 535 retain their places on the Third ReadingCalendar until Monday, February 2, 2004. There being noobjection, it was so ordered.

44 HOUSE JOURNAL February 2]


Adjournment

Mr. Denney moved that the House adjourn until 11:15 a.m.,Monday, February 2, 2004. Seconded by Ms. Boe. Motioncarried.




TWENTY-SECOND LEGISLATIVE DAYMONDAY, FEBRUARY 2, 2004



Roll call showed 69 members present.Absent and excused -- Schaefer. Total -- 1.Total -- 70.



Approval of Journal

February 2, 2004Mr. Speaker:

We, your COMMITTEE ON JUDICIARY, RULES, ANDADMINISTRATION, report that we have read and approved theHouse Journal of the Nineteenth Legislative Day and recommendthat same be adopted as corrected.

FIELD(18), Chairman




I transmit herewith S 1219, S 1215, S 1214, S 1222, S 1223,and S 1231 which have passed the Senate.

WOOD, Secretary

S 1219, S 1215, S 1214, S 1222, S 1223, and S 1231 werefiled for first reading.


I return herewith H 503 which has passed the Senate.WOOD, Secretary

H 503 was referred to the Judiciary, Rules, andAdministration Committee for enrolling.



We, your COMMITTEE ON JUDICIARY, RULES, ANDADMINISTRATION report that we have printed HCR 37,HCR 38, HJM 14, H 582, H 583, H 584, H 585, H 586,H 587, H 588, H 589, H 590, H 591, H 592, H 593, H 594,H 595, and HJR 9.

FIELD(18), Chairman

HCR 37, H 582, H 583, and H 584 were referred to theWays and Means Committee.

HCR 38, H 586, H 587, H 588, H 589, H 590, H 591, andHJR 9 were referred to the Judiciary, Rules, and AdministrationCommittee.

HJM 14 was referred to the State Affairs Committee.

H 585 was referred to the Business Committee.





We, your COMMITTEE ON STATE AFFAIRS, report thatwe have had under consideration HCR 36, H 510, H 511,HJR 4, and SCR 118 and recommend that they do pass.

DEAL, Chairman

HCR 36, H 510, H 511, HJR 4, and SCR 118 were filed forsecond reading.




AN ACTRELATING TO RECALL ELECTIONS IN SCHOOL

DISTRICTS; AMENDING SECTION 33-432, IDAHO CODE,TO REQUIRE A RECALL PETITION FOR A TRUSTEE OF ASCHOOL DISTRICT TO BE CANVASSED NOT MORETHAN TEN DAYS FROM THE DATE OF ITS FILING; ANDDECLARING AN EMERGENCY.


AN ACTRELATING TO PUBLIC WORKS CONTRACTS;

AMENDING CHAPTER 23, TITLE 67, IDAHO CODE, BYTHE ADDITION OF A NEW SECTION 67-2351, IDAHOCODE, TO PROVIDE A SHORT TITLE; AMENDINGCHAPTER 23, TITLE 67, IDAHO CODE, BY THE

[February 2 HOUSE JOURNAL 45

ADDITION OF A NEW SECTION 67-2352, IDAHO CODE,TO PROVIDE LEGISLATIVE INTENT; AND AMENDINGCHAPTER 23, TITLE 67, IDAHO CODE, BY THEADDITION OF A NEW SECTION 67-2353, IDAHO CODE,TO PROVIDE FOR THE CONSIDERATION OF PROJECTEDTAX REVENUE IMPACT IN THE AWARD OF CERTAINPUBLIC CONTRACTS, TO PROVIDE A PROCEDURE, TOPROVIDE FOR DEFAULT, TO PROVIDE FOR A RATINGFACTOR, TO PROHIBIT CERTAIN BIDDERS AND TOAUTHORIZE THE DEPARTMENT OF ADMINISTRATIONTO PROMULGATE RULES.


AN ACTRELATING TO PUBLIC WORKS; AMENDING

SECTION 44-1001, IDAHO CODE, TO REQUIRECONTRACTORS, OR PERSONS IN CHARGE OF ACONTRACT, TO FILE CERTAIN REPORTS WITH THECONTRACTING AUTHORITY.


AN ACTRELATING TO PARTIAL EXEMPTION FOR PARCELS

OF LAND IN A RURAL HOMESITE DEVELOPMENT PLAT;AMENDING SECTION 63-602FF, IDAHO CODE, TOSPECIFY CONDITIONS FOR DETERMINING ELIGIBILITYFOR THE EXEMPTION, TO SPECIFY EVENTS WHICHWILL TERMINATE ELIGIBILITY, TO PROVIDE ANEFFECTIVE DATE UPON LOSS OF ELIGIBILITY FOR THEEXEMPTION, TO PROVIDE FOR APPLICATION FOR THEEXEMPTION AND AN EFFECTIVE DATE, TO PROVIDETHAT THE EXEMPTION SHALL NOT APPLY TO LANDWHICH IS PART OF A PLATTED SUBDIVISION IF THEREARE RESTRICTIONS ON ITS USE FOR AGRICULTURALPURPOSES, TO PROVIDE THAT THE RECORDING OF APLAT OF SUBDIVISION SHALL NOT BY ITSELF PROHIBITTHE EXEMPTION, TO DEFINE "IMPROVEMENT,""OWNER," "PARCEL," AND "SALE" AND TO MAKETECHNICAL CORRECTIONS; AMENDING SECTION63-604, IDAHO CODE, TO PROVIDE AN EXCEPTION TOTHE PROHIBITION ON CLASSIFYING OR VALUING LANDAS AGRICULTURAL WHEN IT IS PART OF A RURALHOMESITE PLATTED SUBDIVISION AND TO MAKE ATECH NICAL C ORRE CT ION ; DECLARING ANEMERGENCY AND PROVIDING A RETROACTIVEEFFECTIVE DATE.


AN ACTRELATING TO COLLECTION OF DELINQUENCY;

AMENDING SECTION 63-1015, IDAHO CODE, TOPROVIDE FOR APPORTIONMENT OF PROCEEDS FROMREDEMPTION TO INCLUDE A REMITTANCE TO THERECORD OWNER OR OWNERS OR ANY PARTY ININTEREST OF AMOUNTS REMAINING AFTERDEDUCTION OF THE DELINQUENCY, LATE CHARGES,ACCRUED INTEREST, COSTS, FEES AND THE COSTS OFTRANSACTING THE SALE; AND DECLARING ANEMERGENCY.


AN ACTRELATING TO EXEMPTIONS FROM THE SALES AND

USE TAX; AMENDING SECTION 63-3622O, IDAHO CODE,TO PROVIDE AN EXEMPTION FROM SALES AND USETAXES FOR SALES TO OR PURCHASES BY THE BLINDSERVICES FOUNDATION, INC.

H 596, H 597, H 598, H 599, H 600, and H 601 wereintroduced, read the first time by title, and referred to theJudiciary, Rules, and Administration Committee for printing.

S 1215, by Health and Welfare Committee, was introduced,read the first time by title, and referred to the Health and WelfareCommittee.

S 1214, by State Affairs Committee, was introduced, read thefirst time by title, and referred to the State Affairs Committee.

S 1222 and S 1223, by Local Government and TaxationCommittee, were introduced, read the first time by title, andreferred to the Local Government Committee.

S 1219 and S 1231, by Finance Committee, were introduced,read the first time by title, and filed for second reading.




At this time, the Speaker recognized Mr. Harwood to opendebate.



Black, Block, Boe, Bolz, Bradford, Campbell, Cannon, Clark,Collins, Deal, Denney, Douglas, Eberle, Edmunson, Ellsworth,Eskridge, Field(18), Field(23), Gagner, Garrett, Harwood,Henbest, Jaquet, Jones, Kellogg, Kulczyk, Lake, Langford,Martinez, McGeachin, McKague, Meyer, Miller, Mitchell,Moyle, Naccarato, Nielsen, Pasley-Stuart, Raybould, Ridinger,Ring, Ringo, Roberts, Robison, Rydalch, Sayler, Shepherd,Shirley, Skippen, Smith(30), Smith(24), Smylie, Snodgrass,Stevenson, Trail, Wills, Wood, Mr. Speaker. Total -- 64.

NAYS -- Barrett, Cuddy. Total -- 2.Absent and excused -- Crow, Langhorst, Sali, Schaefer.





At this time, the Speaker recognized Mr. Meyer to opendebate.



Bedke, Bell, Black, Block, Boe, Bolz, Bradford, Campbell,Cannon, Clark, Collins, Crow, Cuddy, Deal, Denney, Douglas,Eberle, Edmunson, Ellsworth, Eskridge, Field(18), Field(23),Gagner, Garrett, Harwood, Henbest, Jaquet, Jones, Kellogg,Kulczyk, Lake, Langford, Langhorst, Martinez, McGeachin,McKague, Meyer, Miller, Mitchell, Moyle, Naccarato, Nielsen,Pasley-Stuart, Raybould, Ridinger, Ring, Ringo, Roberts,Robison, Rydalch, Sayler, Shepherd, Shirley, Skippen,Smith(30), Smith(24), Smylie, Snodgrass, Stevenson, Trail,Wills, Wood, Mr. Speaker. Total -- 68.

NAYS -- None.Absent and excused -- Sali, Schaefer. Total -- 2.Total -- 70.


Mr. Denney asked unanimous consent that H 501 retain itsplace on the Third Reading Calendar for one Legislative Day.There being no objection, it was so ordered.


At this time, the Speaker recognized Mr. Smylie to opendebate.



Bedke, Bell, Black, Block, Boe, Bolz, Bradford, Campbell,Cannon, Clark, Collins, Crow, Cuddy, Deal, Denney, Douglas,Eberle, Edmunson, Ellsworth, Eskridge, Field(18), Field(23),Gagner, Garrett, Harwood, Henbest, Jaquet, Jones, Kellogg,Lake, Langford, Langhorst, Martinez, McGeachin, McKague,Meyer, Miller, Mitchell, Moyle, Naccarato, Nielsen,Pasley-Stuart, Raybould, Ridinger, Ring, Ringo, Roberts,Robison, Rydalch, Sali, Sayler, Shepherd, Shirley, Skippen,Smith(30), Smith(24), Smylie, Snodgrass, Stevenson, Trail,Wills, Wood, Mr. Speaker. Total -- 68.

NAYS -- Kulczyk. Total -- 1.Absent and excused -- Schaefer. Total -- 1.Total -- 70.



At this time, the Speaker recognized Mr. Cuddy to opendebate.



Bedke, Bell, Black, Block, Boe, Bolz, Bradford, Campbell,Cannon, Clark, Collins, Crow, Cuddy, Deal, Denney, Douglas,Eberle, Edmunson, Ellsworth, Eskridge, Field(18), Field(23),Gagner, Garrett, Harwood, Henbest, Jaquet, Jones, Kellogg,Kulczyk, Lake, Langford, Langhorst, Martinez, McGeachin,McKague, Meyer, Miller, Mitchell, Moyle, Naccarato, Nielsen,Pasley-Stuart, Raybould, Ridinger, Ring, Ringo, Roberts,Robison, Rydalch, Sali, Sayler, Shepherd, Shirley, Skippen,Smith(30), Smith(24), Smylie, Snodgrass, Stevenson, Trail,Wills, Wood, Mr. Speaker. Total -- 69.

NAYS -- None.Absent and excused -- Schaefer. Total -- 1.Total -- 70.



At this time, the Speaker recognized Mr. Clark to opendebate.


Roll call resulted as follows:AYES -- Andersen, Barraclough, Barrett, Bauer, Bayer, Bell,

Black, Block, Boe, Bolz, Bradford, Campbell, Cannon, Clark,Collins, Crow, Cuddy, Deal, Denney, Douglas, Eberle,Edmunson, Ellsworth, Eskridge, Field(18), Field(23), Gagner,Garrett, Harwood, Henbest, Jaquet, Jones, Kellogg, Kulczyk,Lake, Langford, Langhorst, Martinez, McGeachin, McKague,Meyer, Miller, Mitchell, Moyle, Naccarato, Nielsen,Pasley-Stuart, Raybould, Ridinger, Ring, Ringo, Roberts,Robison, Rydalch, Sali, Sayler, Shepherd, Shirley, Skippen,Smith(30), Smith(24), Smylie, Snodgrass, Stevenson, Trail,Wills, Wood, Mr. Speaker. Total -- 68.

NAYS -- None.Absent and excused -- Bedke, Schaefer. Total -- 2.Total -- 70.



At this time, the Speaker recognized Mr. Langhorst to opendebate.



Bedke, Bell, Black, Block, Boe, Bolz, Bradford, Campbell,Cannon, Clark, Collins, Crow, Cuddy, Deal, Denney, Douglas,Eberle, Edmunson, Ellsworth, Eskridge, Field(18), Field(23),Gagner, Garrett, Harwood, Henbest, Jaquet, Jones, Kellogg,


Kulczyk, Lake, Langford, Langhorst, Martinez, McGeachin,McKague, Meyer, Miller, Mitchell, Moyle, Naccarato, Nielsen,Pasley-Stuart, Raybould, Ridinger, Ring, Ringo, Roberts,Robison, Rydalch, Sali, Sayler, Shepherd, Shirley, Skippen,Smith(30), Smith(24), Smylie, Snodgrass, Stevenson, Trail,Wills, Wood, Mr. Speaker. Total -- 69.

NAYS -- None.Absent and excused -- Schaefer. Total -- 1.Total -- 70.


S 1213 was read the third time at length, section by section,and placed before the House for final consideration.


The question being, "Shall S 1213 pass?"


Black, Boe, Bolz, Bradford, Campbell, Cannon, Clark, Collins,Crow, Cuddy, Deal, Denney, Douglas, Eberle, Edmunson,Ellsworth, Eskridge, Field(18), Field(23), Gagner, Garrett,Harwood, Henbest, Jaquet, Jones, Kellogg, Kulczyk, Lake,Langford, Langhorst, Martinez, McGeachin, McKague, Meyer,Miller, Mitchell, Moyle, Naccarato, Nielsen, Pasley-Stuart,Raybould, Ridinger, Ring, Ringo, Roberts, Robison, Rydalch,Sali, Sayler, Shepherd, Shirley, Skippen, Smith(30), Smith(24),Smylie, Snodgrass, Stevenson, Trail, Wills, Wood, Mr. Speaker.Total -- 67.

NAYS -- Barrett. Total -- 1.Absent and excused -- Block, Schaefer. Total -- 2.Total -- 70.

Whereupon the Speaker declared S 1213 passed the House.Title was approved and the bill was ordered returned to theSenate.





Bedke, Bell, Black, Boe, Bolz, Bradford, Campbell, Cannon,Clark, Collins, Crow, Cuddy, Deal, Denney, Douglas, Eberle,Edmunson, Ellsworth, Eskridge, Field(18), Field(23), Gagner,Garrett, Harwood, Henbest, Jaquet, Jones, Kellogg, Kulczyk,Lake, Langford, Langhorst, Martinez, McGeachin, McKague,Meyer, Miller, Mitchell, Moyle, Naccarato, Nielsen,Pasley-Stuart, Raybould, Ridinger, Ring, Ringo, Roberts,

Robison, Rydalch, Sali, Sayler, Shepherd, Shirley, Skippen,Smith(30), Smith(24), Smylie, Snodgrass, Stevenson, Trail,Wills, Wood, Mr. Speaker. Total -- 68.

NAYS -- None.Absent and excused -- Block, Schaefer. Total -- 2.Total -- 70.



At this time, the Speaker recognized Mr. Bedke to opendebate.



Bedke, Bell, Black, Boe, Bolz, Bradford, Campbell, Cannon,Clark, Collins, Crow, Cuddy, Deal, Denney, Douglas, Eberle,Edmunson, Ellsworth, Eskridge, Field(18), Field(23), Gagner,Garrett, Harwood, Henbest, Jaquet, Jones, Kellogg, Kulczyk,Lake, Langford, Langhorst, Martinez, McGeachin, McKague,Meyer, Miller, Mitchell, Moyle, Naccarato, Nielsen,Pasley-Stuart, Raybould, Ridinger, Ring, Ringo, Roberts,Robison, Rydalch, Sali, Sayler, Shepherd, Shirley, Skippen,Smith(30), Smith(24), Smylie, Snodgrass, Stevenson, Trail,Wills, Wood, Mr. Speaker. Total -- 68.

NAYS -- None.Absent and excused -- Block, Schaefer. Total -- 2.Total -- 70.


Mr. Sali asked unanimous consent that he be recorded asvoting in the affirmative on H 565 and H 566. Ms. Jaquetobjected.





Bedke, Bell, Black, Boe, Bolz, Bradford, Campbell, Cannon,Clark, Collins, Crow, Cuddy, Deal, Denney, Douglas, Eberle,Edmunson, Ellsworth, Eskridge, Field(18), Field(23), Gagner,Garrett, Henbest, Jaquet, Jones, Kellogg, Kulczyk, Lake,Langford, Langhorst, Martinez, McGeachin, McKague, Meyer,Miller, Mitchell, Moyle, Naccarato, Nielsen, Pasley-Stuart,Raybould, Ridinger, Ring, Ringo, Roberts, Robison, Rydalch,


Sali, Sayler, Shepherd, Shirley, Skippen, Smith(30), Smith(24),Smylie, Snodgrass, Stevenson, Trail, Wills, Wood, Mr. Speaker.Total -- 67.

NAYS -- Harwood. Total -- 1.Absent and excused -- Block, Schaefer. Total -- 2.Total -- 70.



Adjournment

Mr. Denney moved that the House adjourn until 11:15 a.m.,Tuesday, February 3, 2004. Seconded by Ms. Jaquet. Motioncarried.




TWENTY-THIRD LEGISLATIVE DAYTUESDAY, FEBRUARY 3, 2004



Roll call showed 67 members present.Absent and excused -- Bedke, Field(18), Smylie. Total -- 3.Total -- 70.


The Pledge of Allegiance was led by Kara Harmon, Page.

Approval of Journal


We, your COMMITTEE ON JUDICIARY, RULES, ANDADMINISTRATION, report that we have read and approved theHouse Journal of the Twenty-second Legislative Day andrecommend that same be adopted as corrected.

FIELD(18), Chairman




I transmit herewith S 1239 which has passed the Senate.WOOD, Secretary

S 1239 was filed for first reading.


I return herewith H 504 and H 514 which have passed theSenate.

WOOD, Secretary

H 504 and H 514 were referred to the Judiciary, Rules, andAdministration Committee for enrolling.



We, your COMMITTEE ON JUDICIARY, RULES, ANDADMINISTRATION report that we have printed H 596, H 597,H 598, H 599, H 600, and H 601.

FIELD(18), Chairman




We, your COMMITTEE ON JUDICIARY, RULES, ANDADMINISTRATION, report that we have enrolled H 503.

FIELD(18), Chairman

The Speaker announced he was about to sign enrolled H 503,and, when so signed, ordered it transmitted to the Senate for thesignature of the President.



WOOD, Chairman



We, your COMMITTEE ON ENVIRONMENTALAFFAIRS, report that we have had under consideration H 544and report it back with amendments attached to be placed onGeneral Orders for consideration.

RAYBOULD, Chairman

H 544 was placed on General Orders for consideration.


We, your COMMITTEE ON HEALTH AND WELFARE,report that we have had under consideration H 551 and H 553and recommend that they do pass.

SALI, Chairman





DEAL, Chairman



We, your COMMITTEE ON STATE AFFAIRS, report thatwe have had under consideration H 508 and report it back withamendments attached to be placed on General Orders forconsideration.

DEAL, Chairman



We, your COMMITTEE ON REVENUE AND TAXATION,report that we have had under consideration H 477, H 478,H 479, and H 481 and recommend that they do pass.

CROW, Chairman

H 477, H 478, H 479, and H 481 were filed for secondreading.



HOUSE BILL NO. 602 BY EDUCATION COMMITTEE

AN ACTRELATING TO SCHOOL DISTRICT EMPLOYEES;

AMENDING SECTION 33-1216, IDAHO CODE, TOAUTHORIZE THE USE OF ACCRUED SICK LEAVE TOSUPPLEMENT WORKER' S COMPENSATION PAYMENTSAND TO PROVIDE CORRECT TERMINOLOGY.


AN ACTRELATING TO CONTRACTS FOR SCHOOL

TRANSPORTATION; AMENDING SECTION 33-1510,IDAHO CODE, TO AUTHORIZE RENEWAL OF ANEXISTING CONTRACT UNDER CONDITIONS SPECIFIEDAND TO PROVIDE FOR LENGTH OF THE RENEWAL;AND DECLARING AN EMERGENCY.


AN ACTRELATING TO OPTICAL STROBE LIGHT DEVICES;

AMENDING CHAPTER 8, TITLE 49, IDAHO CODE, BYTHE ADDITION OF A NEW SECTION 49-811, IDAHOCODE, TO DEFINE THE TERM "OPTICAL STROBE LIGHTDEVICE," TO LIMIT THE USE OF AN OPTICAL STROBELIGHT DEVICE TO CERTAIN VEHICLES AND TOPROVIDE MISDEMEANOR PENALTIES FOR VIOLATION.


AN ACTRELATING TO THE BOARD OF SOCIAL WORK

EXAMINERS; AMENDING SECTION 54-3209, IDAHOCODE, TO CLARIFY THAT THE APPLICATION FEEINCLUDES THE ORIGINAL LICENSE FEE.


AN ACTRELATING TO WATERS OF THE STATE; AMENDING

CHAPTER 43, TITLE 67, IDAHO CODE, BY THEADDITION OF A NEW SECTION 67-4313, IDAHO CODE,TO PROVIDE APPLICATION TO PORTIONS OF THESNAKE RIVER WHICH WERE ALTERED BY HIGHWAYCONSTRUCTION; AND DECLARING AN EMERGENCY.


AN ACTRELATING TO THE CREATION OF THE IDAHO

DEPARTMENT OF COMMERCE AND LABOR; AMENDINGTHE CHAPTER HEADING OF CHAPTER 47, TITLE 67,IDAHO CODE, TO INCORPORATE THE DEPARTMENT OFLABOR IN THE DEPARTMENT OF COMMERCE;AMENDING SECTION 67-4701, IDAHO CODE, TOINCORPORATE THE DEPARTMENT OF LABOR IN THEDEPARTMENT OF COMMERCE; REPEALING SECTION67-4702, IDAHO CODE; AMENDING SECTION 72-1333,IDAHO CODE, TO REDESIGNATE THE SECTION, TOPROVIDE AUTHORITY AND DUTIES OF THE DIRECTOROF THE DEPARTMENT OF COMMERCE AND LABOR,AND TO PROVIDE THAT THE DIRECTOR IS THESUCCESSOR IN LAW TO POWERS, DUTIES ANDOBLIGATIONS OF HIS PREDECESSORS; AMENDINGSECTION 67-4703, IDAHO CODE, TO INCORPORATE THEDEPARTMENT OF LABOR IN THE DEPARTMENT OFCOMMERCE; AMENDING SECTION 67-4704, IDAHOCODE, TO DELETE REFERENCES TO THE DEPARTMENTOF COMMERCE AND TO MAKE TECHNICALCORRECTIONS; AMENDING SECTION 67-4708, IDAHOCODE, TO PROVIDE APPLICATION OF PUBLIC RECORDSPROVISIONS; AMENDING SECTION 59-904, IDAHO CODE,TO PROVIDE A SINGLE DEPARTMENT OF COMMERCEAND LABOR; AMENDING SECTION 67-2402, IDAHOCODE, TO PROVIDE A SINGLE DEPARTMENT OFCOMMERCE AND LABOR; AMENDING SECTION 67-2406,IDAHO CODE, TO PROVIDE THAT THERE SHALL BE ADIRECTOR OF THE DEPARTMENT OF COMMERCE ANDLABOR; AMENDING SECTION 72-1318, IDAHO CODE, TOPROVIDE A CORRECT CODE REFERENCE AND TOFURTHER DEFINE TERMS; AND AMENDING SECTION72-1347B, IDAHO CODE, TO GOVERN EXPENDITURES OFTHE WORKFORCE DEVELOPMENT TRAINING FUND.


AN ACTRELATING TO THE STATE TREASURER; AMENDING

SECTION 67-1211, IDAHO CODE, TO PROVIDE THAT THESTATE TREASURER MUST PAY WARRANTS ON ANY OF


THE SEVERAL FUNDS IN HIS OFFICE AS PRESCRIBEDBY LAW PROVIDED THAT THE STATE TREASURER ANDHIS EMPLOYEES RESERVE THE RIGHT TO DENY THECASHING OF WARRANTS IN THE TREASURER' S OFFICETHAT TOTAL MORE THAN TWO THOUSAND DOLLARSAND TO PROVIDE THAT ANY OR ALL WARRANTSTOTALING MORE THAN TWO THOUSAND DOLLARS,MUST BE CASHED OR DEPOSITED AT ANOTHERFINANCIAL INSTITUTION; AND DECLARING ANEMERGENCY.

H 602, H 603, H 604, H 605, H 606, H 607, and H 608were introduced, read the first time by title, and referred to theJudiciary, Rules, and Administration Committee for printing.

S 1239, by Finance Committee, was introduced, read the firsttime by title, and filed for second reading.



HCR 36, H 510, H 511, and HJR 4, by State AffairsCommittee, were read the second time by title and filed for thirdreading.

SCR 118, by State Affairs Committee, was read the secondtime by title and filed for third reading.

S 1219 and S 1231, by Finance Committee, were read thesecond time by title and filed for third reading.


Mr. Deal asked unanimous consent that H 501 be returned tothe State Affairs Committee. There being no objection, it was soordered.


Adjournment

Mr. Moyle moved that the House adjourn until 11 a.m. ,Wednesday, February 4, 2004. Seconded by Ms. Jaquet.Motion carried.




TWENTY-FOURTH LEGISLATIVE DAYWEDNESDAY, FEBRUARY 4, 2004



Roll call showed 68 members present.Absent and excused -- Bauer, Sali. Total -- 2.Total -- 70.

Prayer was offered by Reverend Bruce Swanson.

The Pledge of Allegiance was led by Heather Callen, Page.

Approval of JournalFebruary 4, 2004


ADMINISTRATION, report that we have read and approved theHouse Journal of the Twenty-third Legislative Day andrecommend that same be adopted as corrected.

FIELD(18), Chairman




BOISE, IDAHO


KNOW ALL MEN, by these Presents that Jim Clark, StateRepresentative, District 3, House Seat A, Kootenai County, Stateof Idaho, pursuant to the provisions of Section 59-917, Idaho

Code, has nominated Mike Jorgenson, of Hayden Lake, Idaho, toperform the duties of this office temporarily as Acting StateRepresentative.

NOW, THEREFORE, I, DIRK A. KEMPTHORNE,Governor of the State of Idaho, by virtue of the authority vestedin me by Section 59-917, Idaho Code, do hereby appointMike Jorgenson, Acting State Representative, District 3, HouseSeat A, Kootenai County, State of Idaho, for a term commencingon Wednesday, February 4, 2004, and continuing until theincumbent shall resume the performance of the duties or avacancy occurs in such office.


Done at Boise, the Capital of Idaho, this 2nd day of Februaryin the year of our Lord two thousand and four, and of theIndependence of the United States of America, the two hundredand twenty-eighth year.



The Certificate of Appointment was ordered filed in theOffice of the Chief Clerk.


The Speaker announced the oath of office had previously beenadministered to Mr. Jorgenson.



We, your COMMITTEE ON JUDICIARY, RULES, ANDADMINISTRATION report that we have printed H 602, H 603,H 604, H 605, H 606, H 607, and H 608.

FIELD(18), Chairman

H 602 and H 603 were referred to the Education Committee.




February 4, 2004


ADMINISTRATION, report that we have enrolled H 504 andH 514.

FIELD(18), Chairman

The Speaker announced he was about to sign enrolled H 504and H 514, and, when so signed, ordered them transmitted to theSenate for the signature of the President.

February 3, 2004

Mr. Speaker:We, your COMMITTEE ON BUSINESS, report that we have

had under consideration H 484, H 485, H 522, H 523, andH 524 and recommend that they do pass.

BLACK, Chairman

H 484, H 485, H 522, H 523, and H 524 were filed forsecond reading.


We, your COMMITTEE ON JUDICIARY, RULES, ANDADMINISTRATION, report that we have had underconsideration H 586, H 588, and H 518 and recommend that theydo pass.

FIELD(18), Chairman

H 586, H 588, and H 518 were filed for second reading.


We, your COMMITTEE ON JUDICIARY, RULES, ANDADMINISTRATION, report that we have had underconsideration H 572 and recommend it be referred to the Healthand Welfare Committee.

FIELD(18), Chairman



We, your COMMITTEE ON STATE AFFAIRS, report thatwe have had under consideration H 500, H 564, H 563, H 562,H 561, H 560, H 559, and H 558 and recommend that they dopass.

DEAL, Chairman

H 500, H 564, H 563, H 562, H 561, H 560, H 559, andH 558 were filed for second reading.




COMMITTEE AN ACT

RELATING TO SENTENCING IN CAPITAL CASES;AMENDING SECTION 19-2515, IDAHO CODE, TOPROVIDE THAT CERTAIN EVIDENCE CONCERNING THEVICTIM AND THE IMPACT OF THE DEATH OF THEVICTIM IS RELEVANT AND ADMISSIBLE AND TOPROVIDE THAT CHARACTERIZATIONS AND OPINIONSABOUT THE CRIME, THE DEFENDANT AND THEAPPROPRIATE SENTENCE SHALL NOT BE PERMITTEDAS PART OF ANY VICTIM IMPACT EVIDENCE.

H 609 was introduced, read the first time by title, andreferred to the Judiciary, Rules, and Administration Committeefor printing.



H 480, by Naccarato, was read the second time by title andfiled for third reading.

H 551 and H 553, by Health and Welfare Committee, wereread the second time by title and filed for third reading.


H 477, H 478, H 479, and H 481, by Revenue and TaxationCommittee, were read the second time by title and filed for thirdreading.

S 1239, by Finance Committee, was read the second time bytitle and filed for third reading.


HCR 36 was read the third time at length and placed beforethe House for final consideration.

At this time, the Speaker recognized Mrs. Ellsworth to opendebate.





At this time, the Speaker recognized Ms. Jaquet to opendebate.


Roll call resulted as follows:AYES -- Andersen, Bedke, Bell, Black, Block, Boe, Bolz,

Campbell, Cannon, Clark(Jorgenson), Cuddy, Deal, Denney,Douglas, Edmunson, Ellsworth, Eskridge, Field(18), Field(23),Gagner, Garrett, Henbest, Jaquet, Jones, Kellogg, Lake,Langford, Langhorst, Martinez, McGeachin, Meyer, Miller,Mitchell, Naccarato, Nielsen, Pasley-Stuart, Raybould, Ridinger,Ring, Roberts, Rydalch, Sayler, Shepherd, Shirley, Skippen,Smith(30), Smith(24), Smylie, Snodgrass, Stevenson, Trail,Wills, Mr. Speaker. Total -- 53.

NAYS -- Barrett, Bayer, Bradford, Collins, Crow, Eberle,Harwood, Kulczyk, McKague, Moyle, Ringo, Schaefer, Wood.Total -- 13.

Absent and excused -- Barraclough, Bauer, Robison, Sali.Total -- 4.

Total -- 70.


Mr. Denney asked unanimous consent that HJR 4 retain itsplace on the Third Reading Calendar until Monday,February 9, 2004. There being no objection, it was so ordered.

Mr. Denney asked unanimous consent that the remaining billson the Third Reading Calendar retain their places for oneLegislative Day. There being no objection, it was so ordered.


Adjournment

Mr. Moyle moved that the House adjourn until 11:15 a.m.,Thursday, February 5, 2004. Seconded by Mrs. Boe. Motioncarried.




TWENTY-FIFTH LEGISLATIVE DAYTHURSDAY, FEBRUARY 5, 2004



Roll call showed 66 members present.Absent and excused -- Bolz, Gagner, Henbest, Skippen.


Prayer was offered by Pastor David McKellip.

The Pledge of Allegiance was led by Sarah Mahaffy, Page.

Approval of Journal


We, your COMMITTEE ON JUDICIARY, RULES, ANDADMINISTRATION, report that we have read and approved theHouse Journal of the Twenty-fourth Legislative Day andrecommend that same be adopted as corrected.

FIELD(18), Chairman




I transmit herewith enrolled S 1213, S 1216, S 1217, andS 1218 for the signature of the Speaker.

WOOD, Secretary

The Speaker announced he was about to sign enrolled S 1213,S 1216, S 1217, and S 1218 and, when so signed, ordered themreturned to the Senate.


I return herewith enrolled H 503 which has been signed bythe President.

WOOD, Secretary

Enrolled H 503 was referred to the Judiciary, Rules, andAdministration Committee for delivery to the Governor.



We, your COMMITTEE ON JUDICIARY, RULES, ANDADMINISTRATION report that we have printed H 609.

FIELD(18), Chairman




We, your COMMITTEE ON REVENUE AND TAXATION,report that we have had under consideration H 542 andrecommend that it do pass. CROW, Chairman



We, your COMMITTEE ON TRANSPORTATION ANDDEFENSE, report that we have had under consideration H 540and recommend that it do pass. WOOD, Chairman



We, your COMMITTEE ON LOCAL GOVERNMENT,report that we have had under consideration H 554 andrecommend that it do pass.

BARRETT, Chairman



We, your COMMITTEE ON AGRICULTURAL AFFAIRS,report that we have had under consideration H 546, H 547,H 548, and SCR 119 and recommend that they do pass.

JONES, Chairman

H 546, H 547, H 548 and SCR 119 were filed for secondreading.


We, your COMMITTEE ON HEALTH AND WELFARE,report that we have had under consideration H 605 and SCR 120and recommend that they do pass. SALI, Chairman

H 605 and SCR 120 were filed for second reading.


We, your COMMITTEE ON REVENUE AND TAXATION,report that we have had under consideration H 505 and H 506and recommend that they do pass. CROW, Chairman




HOUSE JOINT MEMORIAL NO. 15 BY TRANSPORTATION AND DEFENSE COMMITTEE

A JOINT MEMORIALTO THE SENATE AND HOUSE OF REPRESENTATIVES

OF THE UNITED STATES IN CONGRESS ASSEMBLED,AND TO THE CONGRESSIONAL DELEGATIONREPRESENTING THE STATE OF IDAHO IN THECONGRESS OF THE UNITED STATES.


WHEREAS, the state of Idaho experiences on its roads andhighways every year significant movement of agriculturalcommodities, including livestock, livestock food, poultry andpoultry feed; and

WHEREAS, the federal National Highway SystemDesignation Act of 1995 includes an agricultural operationsexemption from the federal hours of service regulations for truckdrivers transporting agricultural commodities; and

WHEREAS, the majority of states in the nation have, withoutadverse safety consequences, implemented the agriculturaloperations exemption based upon the specific agriculturaltransportation needs found within the individual states; and

WHEREAS, produce and other perishable commodities mustbe delivered in a timely manner, as the need for efficient, timelycommercial agricultural transportation grows; and

WHEREAS, the federal Motor Carrier Safety Administrationhas issued a "guidance" which states that livestock, livestockfeed, poultry and poultry feed are not agricultural commodities.

NOW, THEREFORE, BE IT RESOLVED by the membersof the Second Regular Session of the Fifty-seventh IdahoLegislature, the House of Representatives and the Senateconcurring therein, that we urgently support the passage ofH.R. 871, to amend the national Highway System DesignationAct of 1995, to provide a comprehensive definition of the term"agricultural commodity" and thereby make the agriculturaloperations exemption permanent and not subject to modificationor revocation by the United States Department of Transportation.

BE IT FURTHER RESOLVED that we urge thecongressional delegation representing the State of Idaho in theCongress of the United States to actively support and becomecosponsors for passage of H.R. 871.

BE IT FURTHER RESOLVED that the Chief Clerk of theHouse of Representatives be, and she is hereby authorized anddirected to forward a copy of this Memorial to the President ofthe Senate and the Speaker of the House of Representatives ofCongress, and the congressional delegation representing the Stateof Idaho in the Congress of the United States.

HJM 15 was introduced, read the first time by title, andreferred to the Judiciary, Rules, and Administration Committeefor printing.




CHARITABLE CONTRIBUTIONS; AMENDING SECTION63-3029C, IDAHO CODE, TO PROVIDE AN INCOME TAXCREDIT FOR CHARITABLE CONTRIBUTIONS MADE TOCHILDREN'S VILLAGE, INC. OR ITS FOUNDATION.


AN ACTRELATING TO COMMERCIAL HAZARDOUS WASTE

DISPOSAL FEES; AMENDING SECTION 39-4427, IDAHO


CODE, TO PROVIDE FEES FOR CERTAIN MANIFESTEDREMEDIATION WASTES, TO REVISE FEES FORDISPOSAL OF CERTAIN HAZARDOUS WASTES, PCBSAND HAZARDOUS DEBRIS AT COMME RCIALHAZARDOUS WASTE DISPOSAL FACILITIES ORPERMITTED SITES; AND DECLARING AN EMERGENCY.

HOUSE BILL NO. 612 BY LOCAL GOVERNMENT COMMITTEE

AN ACTRELATING TO THE MOBILE HOME PARK

LANDLORD TENANT ACT; AMENDING SECTION 55-2010,IDAHO CODE, TO PROVIDE CLARIFICATION AND TOINCREASE THE NOTICE TIME WHICH MUST BE GIVENBEFORE TERMINATION OF A TENANCY AND TO MAKEA TECHNICAL CORRECTION.


AN ACTRELATING TO AQUACULTURE; AMENDING TITLE

22, IDAHO CODE, BY THE ADDITION OF A NEWCHAPTER 44, TITLE 22, IDAHO CODE, TO PROVIDELEGISLATIVE INTENT, TO DEFINE TERMS, TO PROVIDEFOR THE IDAHO AQUACULTURE COMMISSION, TOPROVIDE FOR COMPOSITION OF THE COMMISSION ANDAPPOINTMENT BY THE GOVERNOR, TO PROVIDEREQUIRED QUALIFICATIONS FOR COMMISSIONMEMBERS, TO PROVIDE FOR TERMS OF APPOINTMENT,VACANCIES AND REMOVAL OF COMMISSIONMEMBERS, TO RESTRICT THE NUMBER OFCONSECUTIVE TERMS A MEMBER MAY SERVE, TOPROVIDE THAT MEMBERS SHALL SERVE WITHOUTCOMPENSATION, TO PROVIDE A PROCESS FORNOMINATIONS FOR INITIAL APPOINTMENTS TO THECOMMISSION, TO PROVIDE FOR NOMINATIONS FORVACANCIES, TO PROVIDE FOR THE ELECTION OF ACHAIR, TO PROVIDE FOR MEETINGS, TO PROVIDE FORA QUORUM, TO PROVIDE POWERS AND DUTIES OF THECOMMISSION, TO PROVIDE FOR THE DEPOSIT ANDDISBURSEMENT OF FUNDS, TO PROVIDE FOR STATEAUDITS OF COMMISSION FUNDS, TO PROVIDE FORANNUAL REPORTS, TO PROVIDE FOR BIENNIALAUDITS, TO PROVIDE THAT THE STATE IS NOT LIABLE,TO REQUIRE THAT PRODUCERS AND PROCESSORS BEIN GOOD STANDING TO VOTE, TO PROVIDE FORASSESSMENTS AND TO PROVIDE FOR REFUNDS.


AN ACTRELATING TO THE COMMODITY INDEMNITY

FUND; AMENDING SECTION 69-261, IDAHO CODE, TOREVISE COMPENSATION PROVISIONS FOR MEMBERS OFTHE COMMODITY INDEMNITY FUND ADVISORYCOMMITTEE.


AN ACTRELATING TO THE SEED INDEMNITY FUND;

AMENDING SECTION 22-5124, IDAHO CODE, TO REVISECOMPENSATION PROVISIONS FOR MEMBERS OF THESEED INDEMNITY FUND ADVISORY COMMITTEE.


AN ACTRELATING TO SLOW MOVING VEHICLES;

AMENDING SECTION 49-619, IDAHO CODE, TO CLARIFYOPERATION OF SLOW MOVING VEHICLES ON PUBLICHIGHWAYS AND TO MAKE TECHNICAL CORRECTIONS.


AN ACTRELATING TO MEDICAL RECORDS; AMENDING

CHAPTER 43, TITLE 39, IDAHO CODE, BY THEADDITION OF A NEW SECTION 39-4308, IDAHO CODE,TO PROVIDE ACCESS TO MEDICAL RECORDS ABOUT APERSON BY THAT PERSON.

H 610, H 611, H 612, H 613, H 614, H 615, H 616, andH 617 were introduced, read the first time by title, and referredto the Judiciary, Rules, and Administration Committee forprinting.



H 484, H 485, H 522, H 523, and H 524, by BusinessCommittee, were read the second time by title and filed for thirdreading.

H 586, H 588, and H 518, by Judiciary, Rules, andAdministration Committee, were read the second time by title andfiled for third reading.

H 500, H 564, H 563, H 562, H 561, H 560, H 559, andH 558, by State Affairs Committee, were read the second time bytitle and filed for third reading.



At this time, the Speaker recognized Mr. Edmunson to opendebate.



Bedke, Bell, Black, Block, Boe, Bradford, Campbell, Cannon,Clark(Jorgenson), Collins, Crow, Cuddy, Deal, Denney,Douglas, Eberle, Edmunson, Ellsworth, Eskridge, Field(18),Field(23), Garrett, Harwood, Jaquet, Jones, Kellogg, Kulczyk,Lake, Langford, Langhorst, Martinez, McGeachin, McKague,Meyer, Miller, Mitchell, Moyle, Naccarato, Nielsen,Pasley-Stuart, Raybould, Ridinger, Ring, Ringo, Roberts,


Robison, Rydalch, Sali, Sayler, Schaefer, Shepherd, Shirley,Smith(30), Smith(24), Smylie, Snodgrass, Stevenson, Trail,Wills, Mr. Speaker. Total -- 65.

NAYS -- None.Absent and excused -- Bolz, Gagner, Henbest, Skippen,

Wood. Total -- 5.Total -- 70.


Mr. Denney asked unanimous consent that SCR 118 retain itsplace on the Third Reading Calendar for one Legislative Day.There being no objection, it was so ordered.


At this time, the Speaker recognized Mr. Mitchell to opendebate.

At this time, Mr. Denney took the Chair.



Bedke, Bell, Black, Block, Boe, Bradford, Campbell, Cannon,Clark(Jorgenson), Collins, Crow, Cuddy, Denney, Douglas,Eberle, Edmunson, Ellsworth, Eskridge, Field(18), Field(23),Garrett, Harwood, Jaquet, Jones, Kellogg, Kulczyk, Lake,Langford, Langhorst, Martinez, McGeachin, McKague, Meyer,Miller, Mitchell, Moyle, Naccarato, Nielsen, Pasley-Stuart,Raybould, Ridinger, Ring, Ringo, Roberts, Robison, Rydalch,Sali, Sayler, Schaefer, Shepherd, Shirley, Smith(30), Smith(24),Smylie, Snodgrass, Stevenson, Trail, Wills. Total -- 63.

NAYS -- None.Absent and excused -- Bolz, Deal, Gagner, Henbest, Skippen,

Wood, Mr. Speaker. Total -- 7.Total -- 70.

Whereupon the Speaker Pro Tem declared S 1219 passed theHouse. Title was approved and the bill was ordered returned tothe Senate.


At this time, the Speaker Pro Tem recognized Mrs. Bell toopen debate.



Bedke, Bell, Black, Block, Boe, Bradford, Campbell, Cannon,Clark(Jorgenson), Collins, Crow, Cuddy, Deal, Denney,Douglas, Eberle, Edmunson, Ellsworth, Eskridge, Field(18),Field(23), Garrett, Harwood, Jaquet, Kellogg, Kulczyk, Lake,Langford, Langhorst, Martinez, McGeachin, McKague, Meyer,Miller, Mitchell, Moyle, Naccarato, Nielsen, Pasley-Stuart,

Raybould, Ridinger, Ring, Ringo, Roberts, Robison, Rydalch,Sali, Sayler, Schaefer, Shepherd, Shirley, Smith(30), Smith(24),Smylie, Snodgrass, Stevenson, Trail, Wills. Total -- 63.

NAYS -- None.Absent and excused -- Bolz, Gagner, Henbest, Jones,

Skippen, Wood, Mr. Speaker. Total -- 7.Total -- 70.



At this time, the Speaker Pro Tem recognized Mr. Naccaratoto open debate.


Roll call resulted as follows:AYES -- Andersen, Barraclough, Bauer, Black, Block, Boe,

Cannon, Cuddy, Deal, Denney, Douglas, Edmunson, Eskridge,Field(18), Field(23), Garrett, Harwood, Jaquet, Jones, Kellogg,Langford, Langhorst, Martinez, McKague, Meyer, Miller,Mitchell, Naccarato, Nielsen, Pasley-Stuart, Ridinger, Ring,Ringo, Robison, Rydalch, Sayler, Schaefer, Shepherd, Shirley,Skippen, Smith(30), Smylie, Trail, Wills. Total -- 44.

NAYS -- Barrett, Bayer, Bedke, Bell, Bradford, Campbell,Clark(Jorgenson), Collins, Crow, Eberle, Ellsworth, Kulczyk,Lake, McGeachin, Moyle, Raybould, Roberts, Sali, Smith(24),Snodgrass, Stevenson. Total -- 21.

Absent and excused -- Bolz, Gagner, Henbest, Wood,Mr. Speaker. Total -- 5.

Paired Vote: AYE -- Skippen. NAY -- Smith(24).(Pair enumerated in roll call above.)Total -- 70.

Whereupon the Speaker Pro Tem declared H 480 passed theHouse. Title was approved and the bill was ordered transmittedto the Senate.


At this time, the Speaker Pro Tem recognized Mr. Ring toopen debate.



Bedke, Bell, Black, Block, Boe, Bradford, Campbell, Cannon,Clark(Jorgenson), Collins, Crow, Cuddy, Deal, Denney,Douglas, Eberle, Edmunson, Ellsworth, Eskridge, Field(18),Field(23), Garrett, Harwood, Jaquet, Jones, Kellogg, Kulczyk,Lake, Langford, Langhorst, Martinez, McGeachin, McKague,Meyer, Miller, Mitchell, Moyle, Naccarato, Nielsen,Pasley-Stuart, Raybould, Ridinger, Ring, Ringo, Roberts,


Robison, Rydalch, Sali, Sayler, Shepherd, Shirley, Smith(30),Smith(24), Smylie, Snodgrass, Stevenson, Trail, Wills.Total -- 63.

NAYS -- None.Absent and excused -- Bolz, Gagner, Henbest, Schaefer,

Skippen, Wood, Mr. Speaker. Total -- 7.Total -- 70.


Mr. Moyle asked unanimous consent that H 553 retain itsplace on the Third Reading Calendar for one Legislative Day.There being no objection, it was so ordered.


At this time, the Speaker Pro Tem recognized Mr. Deal toopen debate.



Bedke, Bell, Black, Block, Boe, Bradford, Campbell, Cannon,Clark(Jorgenson), Collins, Crow, Cuddy, Deal, Denney,Douglas, Eberle, Edmunson, Ellsworth, Eskridge, Field(18),Field(23), Garrett, Harwood, Jaquet, Jones, Kellogg, Kulczyk,Lake, Langford, Langhorst, Martinez, McGeachin, Meyer,Miller, Mitchell, Moyle, Naccarato, Nielsen, Pasley-Stuart,Raybould, Ridinger, Ring, Ringo, Roberts, Robison, Rydalch,Sali, Sayler, Shepherd, Shirley, Smith(30), Smith(24), Smylie,Snodgrass, Stevenson, Trail, Wills, Wood. Total -- 63.

NAYS -- McKague. Total -- 1.Absent and excused -- Bolz, Gagner, Henbest, Schaefer,

Skippen, Mr. Speaker. Total -- 6.Total -- 70.



At this time, the Speaker Pro Tem recognized Mr. Campbellto open debate.



Black, Block, Bradford, Campbell, Cannon, Clark(Jorgenson),Collins, Cuddy, Deal, Denney, Eberle, Edmunson, Ellsworth,Eskridge, Field(18), Field(23), Garrett, Harwood, Jones,Kellogg, Kulczyk, Lake, Langford, McGeachin, McKague,Meyer, Miller, Moyle, Nielsen, Raybould, Ridinger, Ring,Roberts, Rydalch, Sali, Schaefer, Shirley, Skippen, Smylie,Snodgrass, Stevenson, Trail, Wills, Wood, Mr. Speaker.Total -- 51.

NAYS -- Andersen, Boe, Crow, Douglas, Jaquet, Langhorst,Martinez, Mitchell, Naccarato, Pasley-Stuart, Ringo, Robison,Sayler, Shepherd, Smith(30), Smith(24). Total -- 16.

Absent and excused -- Bolz, Gagner, Henbest. Total -- 3.Paired Vote: AYE -- Skippen. NAY -- Naccarato.(Pair enumerated in roll call above.)Total -- 70.


Mr. Moyle asked unanimous consent that the remaining billson the Third Reading Calendar retain their places for oneLegislative Day. There being no objection, it was so ordered.


Adjournment

Mr. Moyle moved that the House adjourn until 8 a.m.,Friday, February 6, 2004. Seconded by Ms. Jaquet. Motioncarried.

Whereupon the Speaker Pro Tem declared the Houseadjourned at 12:19 p.m.



TWENTY-SIXTH LEGISLATIVE DAYFRIDAY, FEBRUARY 6, 2004



Roll call showed 65 members present.Absent and excused -- Barrett, Crow, McKague, Schaefer,


Prayer was offered by Representative Bolz.


Approval of Journal


We, your COMMITTEE ON JUDICIARY, RULES, ANDADMINISTRATION, report that we have read and approved theHouse Journal of the Twenty-fifth Legislative Day andrecommend that same be adopted as corrected.

FIELD(18), Chairman





I return herewith enrolled H 504 and H 514 which have beensigned by the President.

WOOD, Secretary

Enrolled H 504 and H 514 were referred to the Judiciary,Rules, and Administration Committee for delivery to theGovernor.



WOOD, Secretary




We, your COMMITTEE ON JUDICIARY, RULES, ANDADMINISTRATION report that we have printed HJM 15,H 610, H 611, H 612, H 613, H 614, H 615, H 616, and H 617.

FIELD(18), Chairman

HJM 15 and H 616 were referred to the Transportation andDefense Committee.




H 613 was referred to the Agricultural Affairs Committee.




We, your COMMITTEE ON JUDICIARY, RULES, ANDADMINISTRATION, report that we have transmitted enrolledH 503 to the Governor at 12:25 p.m., as of this date,February 5, 2004.

FIELD(18), Chairman


We, your COMMITTEE ON REVENUE AND TAXATION,report that we have had under consideration H 512 and report itback with amendments attached to be placed on General Ordersfor consideration.

CROW, Chairman



We, your COMMITTEE ON STATE AFFAIRS, report thatwe have had under consideration H 502 and recommend that it dopass.

DEAL, Chairman



We, your COMMITTEE ON BUSINESS, report that we havehad under consideration H 483, H 486, and H 498 andrecommend that they do pass.

BLACK, Chairman



We, your COMMITTEE ON RESOURCES ANDCONSERVATION, report that we have had under considerationH 521 and recommend that it do pass.

STEVENSON, Chairman



We, your COMMITTEE ON RESOURCES ANDCONSERVATION, report that we have had under considerationH 574 and recommend it be referred to the Ways and MeansCommittee.

STEVENSON, Chairman

H 574 was referred to the Ways and Means Committee.




AN ACTRELATING TO THE REGULATION OF INSURANCE;

AMENDING SECTION 41-5401, IDAHO CODE, TOFURTHER DEFINE THE TERM "PROPERTY ANDCASUALTY INSURER."


AN ACTRELATING TO INSURANCE PREMIUM RATES;

AMENDING SECTIONS 41-4706 AND 41-5206, IDAHOCODE, TO REMOVE SUNSET PROVISIONS AND TO


DELETE LANGUAGE REQUIRING A REVIEW ANDREPORT BY THE DIRECTOR OF THE DEPARTMENT OFINSURANCE.


AN ACTRELATING TO GROUP LIFE INSURANCE;

AMENDING SECTIONS 41-2003 AND 41-2004, IDAHOCODE, TO ELIMINATE THE RESTRICTION ON THE SALEOF VOLUNTARY GROUP LIFE INSURANCE POLICIESAND TO CORRECT CODIFIER ERRORS; AMENDINGSECTIONS 41-2007 AND 41-2009, IDAHO CODE, TOELIMINATE THE RESTRICTION ON THE SALE OFVOLUNTARY GROUP LIFE INSURANCE POLICIES, TOCORRECT CODIFIER ERRORS AND TO MAKETECHNICAL CORRECTIONS; AND DECLARING ANEMERGENCY.


AN ACTRELATING TO MOTOR VEHICLE INSURANCE;

AMENDING SECTION 49-1212, IDAHO CODE, TOREMOVE PROVISIONS THAT AN OWNER' S INSURANCECOVERAGE SHALL BE PRIMARY IF THE OWNERRECEIVES CERTAIN COMPENSATION, TO REQUIREENTITIES OFFERING MOTOR VEHICLES TO THE PUBLICFOR TEMPORARY RENTAL OR HIRE TO PROVIDELIABILITY INSURANCE OR SELF-INSURANCE INSURINGTHE RENTER AND OTHER AUTHORIZED OPERATORSAGAINST LOSS FOR CERTAIN DAMAGES, TO PROVIDETHAT SUCH INSURANCE OR SELF-INSURANCE SHALLBE PRIMARY AND THE OPERATOR' S MOTOR VEHICLEINSURANCE SHALL BE SECONDARY OR EXCESS, ANDTO PROVIDE THAT UNLESS OTHERWISE STATED INTHE DRIVER' S POLICY, THE INSURANCE POLICY ORSELF-INSURANCE OF THE ENTITY OFFERING THEMOTOR VEHICLE FOR TEMPORARY RENTAL OR HIRESHALL BE PRIMARY AND ANY INSURANCE OF THERENTER OR OPERATOR SHALL BE SECONDARY OREXCESS AS TO ANY DAMAGE TO THE RENTED ORHIRED VEHICLE.


AN ACTRELATING TO THE IDAHO PETROLEUM CLEAN

WATER TRUST FUND; AMENDING SECTION 41-4904,IDAHO CODE, TO PROVIDE THAT A MAJORITY OF THEBOARD MEMBERS SHALL CONSTITUTE A QUORUM FORTHE TRANSACTION OF ALL BUSINESS AND TO REMOVELANGUAGE REQUIRING A MAJORITY VOTE FOR BOARDACTIONS; AMENDING SECTION 41-4934, IDAHO CODE,TO PROVIDE THAT SPECIFIED CONFLICT OF INTERESTPROVISIONS SHALL BE APPLICABLE TO BOARDMEMBERS; AMENDING SECTION 41-4945, IDAHO CODE,TO PROVIDE THAT THE BOARD AND ITS EMPLOYEESSHALL NOT BE PERSONALLY LIABLE IN A PRIVATECAPACITY FOR OR ON ACCOUNT OF CERTAIN ACTS ORCONTRACTS; AND AMENDING SECTION 41-4946, IDAHOCODE, TO PROVIDE DESCRIPTIVE LANGUAGE AND TOPROVIDE THAT ACTIONS AGAINST THE BOARD SHALLBE SUBJECT TO THE IDAHO TORT CLAIMS ACT.



SECTION 36-106, IDAHO CODE, TO RESTRICT CERTAINPUBLICATION REQUIREMENTS TO SEASON CLOSUREORDERS AND TO MAKE A TECHNICAL CORRECTION.


S 1229 and S 1230, by Resources and EnvironmentCommittee, were introduced, read the first time by title, andreferred to the Resources and Conservation Committee.

S 1207, S 1208, S 1209, and S 1221, by Judiciary and RulesCommittee, were introduced, read the first time by title, andreferred to the Judiciary, Rules, and Administration Committee.



H 542, H 505, and H 506, by Revenue and TaxationCommittee, were read the second time by title and filed for thirdreading.


H 554, by Trail, was read the second time by title and filedfor third reading.

H 546, H 547, and H 548, by Agricultural AffairsCommittee, were read the second time by title and filed for thirdreading.

SCR 119, by Agricultural Affairs Committee, was read thesecond time by title and filed for third reading.

H 605, by Health and Welfare Committee, was read thesecond time by title and filed for third reading.

SCR 120, by Health and Welfare Committee, was read thesecond time by title and filed for third reading.


SCR 118 was read the third time at length and placed beforethe House for final consideration.

At this time, the Speaker recognized Ms. Henbest to opendebate.

The question being, "Shall SCR 118 be adopted?"

Whereupon the Speaker declared SCR 118 adopted by voicevote and ordered the resolution returned to the Senate.

Mr. Denney asked unanimous consent that the remaining billson the Third Reading Calendar retain their places until Monday,February 9, 2004. There being no objection, it was so ordered.



Adjournment

Mr. Denney moved that the House adjourn until 11 a.m.,Monday, February 9, 2004. Seconded by Mrs. Boe. Motioncarried.



TWENTY-NINTH LEGISLATIVE DAYMONDAY, FEBRUARY 9, 2004



Roll call showed 69 members present.Absent and excused -- McGeachin. Total -- 1.Total -- 70.

Prayer was offered by Terry W. Smith, Executive Director,Health Families.

The Pledge of Allegiance was led by Jamalyn Benson, Page.

Approval of Journal


We, your COMMITTEE ON JUDICIARY, RULES, ANDADMINISTRATION, report that we have read and approved theHouse Journal of the Twenty-sixth Legislative Day andrecommend that same be adopted as corrected.

FIELD(18), Chairman



OFFICE OF THE GOVERNORBoise

February 5, 2004


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 HouseBill, to wit:

H 503

Very truly yours, /s/ DIRK A. KEMPTHORNE

Governor


I return herewith HCR 36 and H 565 which have passed theSenate.

WOOD, Secretary

HCR 36 and H 565 were referred to the Judiciary, Rules,and Administration Committee for enrolling.




FIELD(18), Chairman

H 618, H 619, H 620, H 621, and H 622 were referred tothe Business Committee.



We, your COMMITTEE ON JUDICIARY, RULES, ANDADMINISTRATION, report that we have transmitted enrolledH 504 and H 514 to the Governor at 10:12 a.m., as of this date,February 6, 2004.

FIELD(18), Chairman


We, your COMMITTEE ON JUDICIARY, RULES, ANDADMINISTRATION, report that we have had underconsideration HJR 9 and recommend that it do pass.

FIELD(18), Chairman

HJR 9 was filed for second reading.



DEAL, Chairman





A CONCURRENT RESOLUTIONSTATING FINDINGS OF THE LEGISLATURE AND

EXPRESSING SUPPORT AND ENCOURAGEMENT FOR


THE EFFORTS OF THE PULASKI PROJECT INACCOMPLISHING ITS IMPORTANT MISSION IN TRIBUTETO EDWARD PULASKI AND IN ACKNOWLEDGMENT OFTHE DEDICATED SERVICE OF ALL PAST, PRESENT ANDFUTURE WILDFIRE FIGHTERS.


WHEREAS, on August 20, 1910, in the beautiful mountainsand forests of northern Idaho and western Montana, known as the"high lonesome," the worst forest fire in American historyerupted, burning three million acres of timberland over the courseof two days, causing many to believe the fire heralded the end ofthe world; and

WHEREAS, although in July of 1910, thousands of wildfireswere sparked during the driest year in memory, byAugust 19, 1910, most of the fires were under control untilhurricane force winds, blowing up to 80 miles per hour, sweptinto Idaho and coaxed the remaining fires together, creating afirestorm; and

WHEREAS, firefighters battled the blaze, from which smokecould be seen as far away as Denver, and which spanned fromeastern Washington, across Idaho and into Montana; and

WHEREAS, the devastating fire ultimately claimed the livesof eighty-six people; and

WHEREAS, during the afternoon of August 20, 1910, justoutside of Wallace, Idaho, Edward Pulaski, a district ranger withthe recently created U.S. Forest Service, realized that he and hiscrew were trapped in the fire and that they could only try to savetheir lives; and

WHEREAS, being the only one familiar with the backcountrytrails, Pulaski led his 45-man crew through fire and smokydarkness to safety in the abandoned Nicholson Mine, nowcommonly known as the Pulaski Tunnel; and

WHEREAS, in leading the men to safety, Pulaski orderedthem to lay face down to keep from suffocating from gas andsmoke from the fire and, in the midst of some of the mensuccumbing to panic, he prevented any of them from leaving themine, and from certain death, by holding them at bay with hispistol; and

WHEREAS, as timbers at the entrance of the mine caughtfire, Pulaski beat out the flames with horse blankets and waterfrom the mine floor that he gathered with his hat; and

WHEREAS, many of the men, including Pulaski, eventuallylost consciousness from the heat, smoke and gas, but, in themorning, all but five of the men emerged from the tunnel andhiked back to Wallace, their lives having been spared; and

WHEREAS, Pulaski, who had emerged from the fire a hero,was hospitalized for nearly two months with blindness andpneumonia and carried scars of the firestorm on his hands andface for the rest of his life; and

WHEREAS, in 1984, the U.S. Forest Service placed amonument, dedicated to those who lost their lives in the fire andto Edward Pulaski, on Moon Pass Road near the trail to thePulaski Tunnel; and

WHEREAS, because over the course of time the trail and aditof the mine have fallen into severe disrepair, a dedicated grouplaunched the Pulaski Project in 2002, in an effort to preserve thisimportant piece of Idaho' s history and the history of this country;and

WHEREAS, in addition to serving as a tribute to EdwardPulaski, the Pulaski Project serves as an acknowledgment of thededicated service despite hardship, peril, and sacrifice, of allpast, present and future wildfire fighters; and

WHEREAS, the Pulaski Project focuses on four primarygoals: (1) the upgrading of the mine adit and trail that Pulaski andhis men used to survive and escape the fire; (2) the creation of aNational Wildfire Education Center and Museum inSilverton/Wallace, whose purpose is to elevate the priority ofwildfire and forest management in the region and the nation, aswell as to educate the public regarding the shift away from the100% suppression paradigm that was launched by the great 1910fire; (3) the upgrading of two collective U.S. Forest Servicegravesites at Nine Mile Cemetery; and, finally, (4) the ongoingdevelopment of both a web page (see www.pulaski-project.org)and an online discussion group for the furtherance of enlightenedand serious discussion of the issues that divide the nationregarding wildfire and forest management today; and

WHEREAS, the Pulaski Project' s goals serve the people ofIdaho and the nation by commemorating the historicalsignificance of the 1910 fire, and by addressing the importanceacross Idaho, the northwest, and the nation, regarding wildfiresand forest management.

NOW, THEREFORE, BE IT RESOLVED by the membersof the Second Regular Session of the Fifty-seventh IdahoLegislature, the House of Representatives and the Senateconcurring therein, that the Legislature herein expresses supportand encouragement to the Pulaski Project in accomplishing itsimportant mission in tribute to Edward Pulaski and inacknowledgment of the dedicated service of all past, present andfuture wildfire fighters.




AN ACTRELATING TO TELEPHONE CORPORATIONS;

AMENDING SECTION 62-617, IDAHO CODE, TO CLARIFYAND LIMIT THE EXEMPTION FROM ANTITRUSTLIABILITY FOR TELEPHONE CORPORATIONS THATHAVE ELECTED REGULATION PURSUANT TO CHAPTER6, TITLE 62, IDAHO CODE; AND AMENDING CHAPTER 6,TITLE 62, IDAHO CODE, BY THE ADDITION OF A NEWSECTION 62-622A, IDAHO CODE, TO PERMIT THE IDAHOPUBLIC UTILITIES COMMISSION TO DETERMINEWHETHER A TELEPHONE CORPORATION NOTREGULATED PURSUANT TO TITLE 61, IDAHO CODE, ISPROVIDING BASIC LOCAL EXCHANGE SERVICE AT APRICE BELOW ITS AVERAGE VARIABLE COSTS AND TOENABLE THE COMMISSION TO ESTABLISH SUCH PRICEAT THE AVERAGE VARIABLE COST OF PROVIDINGSUCH SERVICE.


AN ACTRELATING TO CITY ELECTIONS AND CAMPAIGN

EXPENDITURES; AMENDING SECTION 50-477, IDAHOCODE, TO PROVIDE APPLICABILITY OF CAMPAIGNEXPENDITURE REPORTING TO ELECTIONS ONCITYWIDE MEASURES AND TO PROVIDE THAT THE


CITY ATTORNEY SHALL STAND IN PLACE OF THEATTORNEY GENERAL WHEN CAMPAIGN REPORTINGLAW APPLIES TO ELECTIONS IN CERTAIN CITIES.


AN ACTRELATING TO ASSISTED LIVING FACILITIES;

AMENDING SECTION 39-3513, IDAHO CODE, TOESTABLISH THE MAXIMUM STAFF ING LEVELREQUIREMENTS OF A FACILITY.


AN ACTRELATING TO WELFARE; AMENDING SECTION

56-202, IDAHO CODE, TO STRIKE A SUNSET CLAUSE TOMAINTAIN AUTHORIZATION TO THE DIRECTOR OF THEDEPARTMENT OF HEALTH AND WELFARE TO PROVIDEWELFARE ASSISTANCE TO DRUG DEPENDENT PERSONSUPON CERTAIN CIRCUMSTANCES.


AN ACTRELATING TO LICENSED RESIDENTIAL OR

ASSISTED LIVING FACILITIES, INCLUDING CERTIFIEDFAMILY HOMES; AMENDING CHAPTER 35, TITLE 39,IDAHO CODE, BY THE ADDITION OF A NEW SECTION39-3581, IDAHO CODE, TO PROVIDE THAT ELECTRONICSIGNATURES ARE ACCEPTABLE UNDER THECONDITIONS SPECIFIED IN RECORDS RELATED TOFACILITIES.


AN ACTRELATING TO THE IDAHO CODE CODIFIER' S

CORRECTIONS; AMENDING SECTION 1-1624, IDAHOCODE, AS ADDED BY SECTION 2, CHAPTER 291, LAWSOF 2003, TO REDESIGNATE THE SECTION; AMENDINGSECTION 23-217, IDAHO CODE, TO PROVIDE A CORRECTCITATION; AMENDING SECTION 23-1303, IDAHO CODE,TO PROVIDE TECHNICAL CORRECTIONS; AMENDINGSECTION 31-808, IDAHO CODE, TO PROVIDETECHNICAL CORRECTIONS; AMENDING SECTION39-5702, IDAHO CODE, TO PROVIDE TECHNICALCORRECTIONS; AMENDING THE HEADING FORCHAPTER 84, TITLE 39, IDAHO CODE, AS ADDED BYSECTION 1, CHAPTER 231, LAWS OF 2003, TOREDESIGNATE THE CHAPTER; AMENDING SECTION39-8401, IDAHO CODE, AS ADDED BY SECTION 1,CHAPTER 231, LAWS OF 2003, TO REDESIGNATE THESECTION; AMENDING SECTION 39-8402, IDAHO CODE,AS ADDED BY SECTION 1, CHAPTER 231, LAWS OF 2003,TO REDESIGNATE THE SECTION; AMENDING SECTION39-8403, IDAHO CODE, AS ADDED BY SECTION 1,CHAPTER 231, LAWS OF 2003, TO REDESIGNATE THESECTION AND TO PROVIDE A CORRECT CODEREFERENCE; AMENDING SECTION 39-8404, IDAHOCODE, AS ADDED BY SECTION 1, CHAPTER 231, LAWSOF 2003, TO REDESIGNATE THE SECTION; AMENDINGSECTION 41-1336, IDAHO CODE, AS ADDED BY SECTION1, CHAPTER 85, LAWS OF 2003, TO REDESIGNATE THE

SECTION; AMENDING SECTION 63-3029E, IDAHO CODE,TO REVISE THE DEFINITION OF "NEW EMPLOYEE";AMENDING SECTION 65-202, IDAHO CODE, TO MAKE AT E C H N I C AL CORRECTION ; D ECLARING ANEMERGENCY, PROVIDING RETROACTIVE APPLICATIONAND PROVIDING EFFECTIVE DATES.


AN ACTRELATING TO SALARIES OF MEMBERS OF THE

PUBLIC UTILITIES COMMISSION, THE STATE TAXCOMMISSION AND THE INDUSTRIAL COMMISSION;AMENDING SECTION 61-215, IDAHO CODE, TO PROVIDETHAT ON JULY 1, 2004, AND EACH JULY 1THEREAFTER, THE ANNUAL SALARY OF EACHCOMMISSIONER SHALL BE INCREASED BY THECHANGE IN EMPLOYEE COMPENSATION ADOPTED BYTHE LEGISLATURE F OR CLASSIFIED STATEEMPLOYEES, UNLESS THE LEGISLATURE SHALLREJECT SUCH INCREASE IN SALARY BY ADOPTION OFA CONCURRENT RESOLUTION; AMENDING SECTION63-102, IDAHO CODE, TO PROVIDE THAT ONJULY 1, 2004, AND EACH JULY 1 THEREAFTER, THEANNUAL SALARY OF EACH COMMISSIONER SHALL BEINCREASED BY THE CHANGE IN EMPLOYEECOMPENSATION ADOPTED BY THE LEGISLATURE FORCLASSIFIED STATE EMPLOYEES, UNLESS THELEGISLATURE SHALL REJECT SUCH INCREASE INSALARY BY ADOPTION OF A CONCURRENTRESOLUTION; AND AMENDING SECTION 72-503, IDAHOCODE, TO PROVIDE THAT ON JULY 1, 2004, AND EACHJULY 1 THEREAFTER, THE ANNUAL SALARY OF EACHCOMMISSIONER SHALL BE INCREASED BY THECHANGE IN EMPLOYEE COMPENSATION ADOPTED BYTHE LEGISLATURE FOR CLASSIFIED STATEEMPLOYEES, UNLESS THE LEGISLATURE SHALLREJECT SUCH INCREASE IN SALARY BY ADOPTION OFA CONCURRENT RESOLUTION.


AN ACTRELATING TO COMMUNITY COLLEGES; AMENDING

SECTION 33-2115, IDAHO CODE, TO REVISEDESCRIPTIVE LANGUAGE, TO MAKE A GRAMMATICALCHANGE AND TO PROVIDE THAT THE BOARDS OFTRUSTEES OF COMMUNITY COLLEGE DISTRICTSSHALL COOPERATE WITH COUNTY COMMISSIONERS,MAYORS, CITY COUNCILS AND SCHOOL DISTRICTBOARDS OF TRUSTEES AND TO MAKE TECHNICALCORRECTIONS.


AN ACTRELATING TO POWERS AND DUTIES OF THE

BOARD OF TRUSTEES OF EACH SCHOOL DISTRICT;AMENDING CHAPTER 5, TITLE 33, IDAHO CODE, BYTHE ADDITION OF A NEW SECTION 33-520, IDAHOCODE, TO PROVIDE THAT THE BOARD OF TRUSTEES OFEACH SCHOOL DISTRICT SHALL ADOPT A POLICY


G O V E R N I N G M E D I C A L I N H A L E R S A N DSELF-ADMINISTRATION OF MEDICATION; ANDDECLARING AN EMERGENCY.

HOUSE JOINT RESOLUTION NO. 10 BY REVENUE AND TAXATION COMMITTEE

A JOINT RESOLUTIONPROPOSING AN AMENDMENT TO ARTICLE VII OF

THE CONSTITUTION OF THE STATE OF IDAHO,RELATING TO FINANCE AND REVENUE, BY THEADDITION OF A NEW SECTION 18, ARTICLE VII, TOPROVIDE THAT ANY CHANGES IN STATE TAXES THATCREATE OR INCREASE A TAX RATE OR REMOVE ORREDUCE A STATE TAX EXCLUSION, EXEMPTION,CREDIT OR DEDUCTION, SHALL REQUIRE THEAPPROVAL OF TWO-THIRDS OF THE ENTIREMEMBERSHIP OF THE HOUSE OF REPRESENTATIVES,TWO-THIRDS OF THE ENTIRE MEMBERSHIP OF THESENATE, AND THE SIGNATURE OF THE GOVERNOR;STATING THE QUESTION TO BE SUBMITTED TO THEELECTORATE; DIRECTING THE LEGISLATIVE COUNCILTO PREPARE THE STATEMENTS REQUIRED BY LAW;AND DIRECTING THE SECRETARY OF STATE TOPUBLISH THE AMENDMENT AND ARGUMENTS ASREQUIRED BY LAW.

H 624, H 625, H 626, H 627, H 628, H 629, H 630, H 631,H 632, and HJR 10 were introduced, read the first time by title,and referred to the Judiciary, Rules, and AdministrationCommittee for printing.



H 614 and H 615, by Agricultural Affairs Committee, wereread the second time by title and filed for third reading.

H 502, by State Affairs Committee, was read the second timeby title and filed for third reading.

H 483, H 486, and H 498, by Business Committee, wereread the second time by title and filed for third reading.

H 521, by Resources and Conservation Committee, was readthe second time by title and filed for third reading.


HJR 4 was read the third time at length, section by section,and placed before the House for final consideration.


The question being, "Shall HJR 4 pass?"


Black, Block, Boe, Bolz, Bradford, Campbell, Cannon, Clark,Collins, Crow, Cuddy, Deal, Denney, Douglas, Eberle,

Edmunson, Ellsworth, Eskridge, Field(18), Field(23), Gagner,Garrett, Henbest, Jaquet, Jones, Kellogg, Kulczyk, Langford,Martinez, Meyer, Miller, Mitchell, Naccarato, Nielsen,Pasley-Stuart, Ring, Ringo, Rydalch, Sayler, Schaefer, Shepherd,Shirley, Skippen, Smith(30), Smith(24), Smylie, Snodgrass,Stevenson, Wills, Wood, Mr. Speaker. Total -- 57.

NAYS -- Lake, McKague, Moyle, Raybould, Ridinger,Roberts, Robison, Trail. Total -- 8.

Absent and excused -- Bedke, Harwood, Langhorst,McGeachin, Sali. Total -- 5.

Total -- 70.

Whereupon the Speaker declared that more than two-thirds ofthe membership having voted in the affirmative, HJR 4 passedthe House. Title was approved and the resolution was orderedtransmitted to the Senate.





Black, Block, Boe, Bolz, Bradford, Campbell, Cannon, Clark,Collins, Crow, Cuddy, Deal, Denney, Douglas, Eberle,Edmunson, Ellsworth, Eskridge, Field(18), Field(23), Garrett,Henbest, Jaquet, Jones, Kellogg, Kulczyk, Lake, Langford,Martinez, McKague, Meyer, Miller, Mitchell, Moyle, Naccarato,Nielsen, Pasley-Stuart, Raybould, Ridinger, Ring, Ringo,Roberts, Robison, Rydalch, Sali, Sayler, Schaefer, Shepherd,Shirley, Skippen, Smith(30), Smith(24), Smylie, Snodgrass,Stevenson, Trail, Wills, Wood, Mr. Speaker. Total -- 65.

NAYS -- None.Absent and excused -- Bedke, Gagner, Harwood, Langhorst,

McGeachin. Total -- 5.Total -- 70.



At this time, the Speaker recognized Mrs. Wood to opendebate.



Bedke, Bell, Black, Block, Boe, Bolz, Bradford, Campbell,Cannon, Clark, Collins, Crow, Cuddy, Deal, Denney, Douglas,Eberle, Edmunson, Ellsworth, Eskridge, Field(18), Field(23),Gagner, Garrett, Harwood, Henbest, Jaquet, Jones, Kellogg,Kulczyk, Lake, Langford, Martinez, McKague, Meyer, Miller,Mitchell, Moyle, Naccarato, Nielsen, Pasley-Stuart, Raybould,Ridinger, Ring, Ringo, Roberts, Robison, Rydalch, Sali, Sayler,


Schaefer, Shepherd, Shirley, Skippen, Smith(30), Smith(24),Smylie, Snodgrass, Stevenson, Trail, Wills, Wood, Mr. Speaker.Total -- 68.

NAYS -- None.Absent and excused -- Langhorst, McGeachin. Total -- 2.Total -- 70.






Bedke, Bell, Black, Block, Boe, Bolz, Bradford, Campbell,Cannon, Clark, Collins, Crow, Cuddy, Deal, Denney, Douglas,Eberle, Edmunson, Ellsworth, Eskridge, Field(18), Field(23),Gagner, Garrett, Harwood, Henbest, Jaquet, Jones, Kellogg,Kulczyk, Lake, Langford, Martinez, McKague, Meyer, Miller,Mitchell, Naccarato, Nielsen, Pasley-Stuart, Raybould, Ridinger,Ring, Ringo, Roberts, Robison, Rydalch, Sali, Sayler, Schaefer,Shepherd, Shirley, Skippen, Smith(30), Smith(24), Smylie,Snodgrass, Stevenson, Trail, Wills, Wood, Mr. Speaker.Total -- 67.

NAYS -- None.Absent and excused -- Langhorst, McGeachin, Moyle.


Whereupon the Speaker declared H 478 passed the House.

Title was approved and the bill was ordered transmitted to theSenate.


At this time, the Speaker recognized Mr. Collins to opendebate.



Bedke, Bell, Black, Block, Boe, Bolz, Bradford, Campbell,Cannon, Clark, Collins, Crow, Cuddy, Deal, Denney, Douglas,Eberle, Edmunson, Ellsworth, Eskridge, Field(18), Field(23),Gagner, Garrett, Harwood, Henbest, Jaquet, Jones, Kellogg,Kulczyk, Lake, Langford, Martinez, McKague, Meyer, Miller,Mitchell, Naccarato, Nielsen, Pasley-Stuart, Raybould, Ridinger,Ring, Ringo, Roberts, Robison, Rydalch, Sali, Sayler, Schaefer,Shepherd, Shirley, Skippen, Smith(30), Smith(24), Smylie,Snodgrass, Stevenson, Trail, Wills, Wood, Mr. Speaker.Total -- 67.

NAYS -- None.Absent and excused -- Langhorst, McGeachin, Moyle.




At this time, the Speaker recognized Mrs. Barrett to opendebate.



Bedke, Bell, Black, Block, Boe, Bolz, Bradford, Campbell,Cannon, Clark, Collins, Crow, Cuddy, Deal, Denney, Douglas,Eberle, Edmunson, Ellsworth, Eskridge, Field(18), Field(23),Gagner, Garrett, Harwood, Henbest, Jaquet, Jones, Kellogg,Kulczyk, Lake, Langford, Langhorst, Martinez, McKague,Meyer, Miller, Mitchell, Moyle, Naccarato, Nielsen,Pasley-Stuart, Raybould, Ridinger, Ring, Ringo, Roberts,Robison, Rydalch, Sali, Sayler, Schaefer, Shepherd, Shirley,Skippen, Smith(30), Smylie, Snodgrass, Stevenson, Trail, Wills,Wood, Mr. Speaker. Total -- 68.

NAYS -- None.Absent and excused -- McGeachin, Smith(24). Total -- 2.Total -- 70.






Bedke, Bell, Black, Block, Boe, Bolz, Bradford, Campbell,Cannon, Clark, Collins, Cuddy, Deal, Denney, Douglas, Eberle,Edmunson, Ellsworth, Eskridge, Field(18), Field(23), Garrett,Harwood, Henbest, Jaquet, Jones, Kellogg, Kulczyk, Lake,Langford, Langhorst, Martinez, McKague, Meyer, Miller,Mitchell, Moyle, Naccarato, Nielsen, Pasley-Stuart, Raybould,Ridinger, Ring, Ringo, Roberts, Robison, Rydalch, Sali, Sayler,Schaefer, Shepherd, Shirley, Skippen, Smith(30), Smith(24),Smylie, Snodgrass, Stevenson, Trail, Wills, Wood, Mr. Speaker.Total -- 67.

NAYS -- None.Absent and excused -- Crow, Gagner, McGeachin.





At this time, the Speaker recognized Mrs. Block to opendebate.



Bedke, Bell, Black, Block, Boe, Bolz, Bradford, Campbell,Cannon, Clark, Collins, Cuddy, Deal, Denney, Douglas, Eberle,Edmunson, Ellsworth, Eskridge, Field(18), Field(23), Garrett,Harwood, Henbest, Jaquet, Jones, Kellogg, Kulczyk, Lake,Langford, Langhorst, Martinez, McKague, Meyer, Miller,Mitchell, Moyle, Naccarato, Nielsen, Pasley-Stuart, Raybould,Ridinger, Ring, Ringo, Roberts, Robison, Rydalch, Sali, Sayler,Schaefer, Shepherd, Shirley, Skippen, Smith(30), Smith(24),Smylie, Snodgrass, Stevenson, Trail, Wills, Wood, Mr. Speaker.Total -- 67.

NAYS -- None.Absent and excused -- Crow, Gagner, McGeachin.




At this time, the Speaker recognized Mrs. Douglas to opendebate.



Black, Block, Boe, Bolz, Bradford, Campbell, Cannon, Clark,Collins, Cuddy, Deal, Denney, Douglas, Eberle, Edmunson,Ellsworth, Eskridge, Field(18), Field(23), Gagner, Garrett,Harwood, Henbest, Jaquet, Jones, Kellogg, Lake, Langford,Langhorst, Martinez, Meyer, Miller, Mitchell, Moyle,Naccarato, Nielsen, Pasley-Stuart, Raybould, Ridinger, Ring,Ringo, Roberts, Robison, Rydalch, Sayler, Schaefer, Shepherd,Shirley, Skippen, Smith(30), Smith(24), Smylie, Snodgrass,Stevenson, Trail, Wills, Wood, Mr. Speaker. Total -- 64.

NAYS -- Barrett, Kulczyk, McKague, Sali. Total -- 4.Absent and excused -- Crow, McGeachin. Total -- 2.Total -- 70.



At this time, the Speaker recognized Mr. Eberle to opendebate.



Bedke, Bell, Black, Block, Boe, Bolz, Bradford, Campbell,Cannon, Clark, Collins, Cuddy, Deal, Denney, Douglas, Eberle,Edmunson, Ellsworth, Eskridge, Field(18), Field(23), Gagner,Garrett, Harwood, Henbest, Jaquet, Jones, Kellogg, Kulczyk,Lake, Langford, Langhorst, Martinez, McKague, Meyer, Miller,Mitchell, Moyle, Naccarato, Nielsen, Pasley-Stuart, Raybould,Ridinger, Ring, Ringo, Roberts, Robison, Rydalch, Sali, Sayler,Schaefer, Shepherd, Shirley, Skippen, Smith(30), Smith(24),Smylie, Snodgrass, Stevenson, Trail, Wills, Wood, Mr. Speaker.Total -- 68.

NAYS -- None.Absent and excused -- Crow, McGeachin. Total -- 2.Total -- 70.



At this time, the Speaker recognized Mr. Snodgrass to opendebate.



Bedke, Bell, Black, Block, Boe, Bolz, Bradford, Campbell,Cannon, Clark, Collins, Cuddy, Deal, Denney, Douglas, Eberle,Edmunson, Ellsworth, Eskridge, Field(18), Field(23), Gagner,Garrett, Harwood, Henbest, Jaquet, Jones, Kellogg, Kulczyk,Lake, Langford, Langhorst, Martinez, McKague, Meyer, Miller,Mitchell, Moyle, Naccarato, Nielsen, Pasley-Stuart, Raybould,Ridinger, Ring, Ringo, Roberts, Robison, Rydalch, Sali, Sayler,Schaefer, Shepherd, Shirley, Skippen, Smith(30), Smith(24),Smylie, Snodgrass, Stevenson, Trail, Wills, Wood, Mr. Speaker.Total -- 68.







Bedke, Bell, Black, Block, Boe, Bolz, Bradford, Campbell,Cannon, Clark, Collins, Cuddy, Deal, Denney, Douglas, Eberle,Edmunson, Ellsworth, Eskridge, Field(18), Field(23), Gagner,


Garrett, Harwood, Henbest, Jaquet, Jones, Kellogg, Kulczyk,Lake, Langford, Langhorst, Martinez, McKague, Meyer, Miller,Mitchell, Moyle, Naccarato, Nielsen, Pasley-Stuart, Raybould,Ridinger, Ring, Ringo, Roberts, Robison, Rydalch, Sali, Sayler,Schaefer, Shepherd, Shirley, Skippen, Smith(30), Smith(24),Smylie, Snodgrass, Stevenson, Trail, Wills, Wood, Mr. Speaker.Total -- 68.




At this time, the Speaker recognized Mr. Wills to opendebate.



Bedke, Bell, Black, Block, Boe, Bolz, Bradford, Campbell,Cannon, Clark, Collins, Crow, Cuddy, Deal, Denney, Douglas,Eberle, Edmunson, Ellsworth, Eskridge, Field(18), Field(23),Gagner, Garrett, Harwood, Henbest, Jaquet, Jones, Kellogg,Kulczyk, Lake, Langhorst, Martinez, McKague, Meyer, Miller,Mitchell, Moyle, Naccarato, Nielsen, Pasley-Stuart, Raybould,Ridinger, Ring, Ringo, Roberts, Robison, Rydalch, Sali, Sayler,Schaefer, Shepherd, Shirley, Skippen, Smith(30), Smith(24),Smylie, Snodgrass, Stevenson, Trail, Wills, Wood, Mr. Speaker.Total -- 68.

NAYS -- Langford. Total -- 1.Absent and excused -- McGeachin. Total -- 1.Total -- 70.






Bedke, Bell, Black, Block, Boe, Bolz, Bradford, Campbell,Cannon, Clark, Collins, Crow, Cuddy, Deal, Denney, Douglas,Eberle, Edmunson, Ellsworth, Eskridge, Field(18), Field(23),Gagner, Garrett, Harwood, Henbest, Jaquet, Jones, Kellogg,Kulczyk, Lake, Langford, Langhorst, Martinez, McKague,Meyer, Miller, Mitchell, Moyle, Naccarato, Nielsen,Pasley-Stuart, Raybould, Ridinger, Ring, Ringo, Roberts,

Robison, Rydalch, Sali, Sayler, Schaefer, Shepherd, Shirley,Skippen, Smith(30), Smith(24), Smylie, Snodgrass, Stevenson,Trail, Wills, Wood, Mr. Speaker. Total -- 69.

NAYS -- None.Absent and excused -- McGeachin. Total -- 1.Total -- 70.






Bedke, Bell, Black, Block, Boe, Bolz, Bradford, Campbell,Cannon, Clark, Collins, Crow, Cuddy, Deal, Denney, Douglas,Eberle, Edmunson, Ellsworth, Eskridge, Field(18), Field(23),Gagner, Garrett, Harwood, Henbest, Jaquet, Jones, Kellogg,Kulczyk, Lake, Langford, Langhorst, Martinez, Meyer, Miller,Mitchell, Moyle, Naccarato, Nielsen, Pasley-Stuart, Raybould,Ring, Ringo, Roberts, Robison, Rydalch, Sali, Sayler, Schaefer,Shepherd, Shirley, Skippen, Smith(30), Smylie, Snodgrass,Stevenson, Trail, Wills, Wood, Mr. Speaker. Total -- 66.

NAYS -- McKague, Ridinger, Smith(24). Total -- 3.Absent and excused -- McGeachin. Total -- 1.Total -- 70.




Adjournment

Mr. Moyle moved that the House adjourn until 11 a.m. ,Tuesday, February 10, 2004. Seconded by Mrs. Boe. Motioncarried.





THIRTIETH LEGISLATIVE DAYTUESDAY, FEBRUARY 10, 2004



Roll call showed all 70 members present.

Prayer was offered by Ron Crane, State Treasurer.

The Pledge of Allegiance was led by Logan Pedrow, Page.

Approval of Journal


We, your COMMITTEE ON JUDICIARY, RULES, ANDADMINISTRATION, report that we have read and approved theHouse Journal of the Twenty-ninth Legislative Day andrecommend that same be adopted as corrected.

FIELD(18), Chairman




February 6, 2004



am transmitting to the Secretary of State the following HouseBills, to wit:

H 504 and H 514


Governor


I transmit herewith enrolled S 1219, S 1231, and SCR 118for the signature of the Speaker. WOOD, Secretary

The Speaker announced he was about to sign enrolled S 1219,S 1231, and SCR 118 and, when so signed, ordered themreturned to the Senate.



We, your COMMITTEE ON JUDICIARY, RULES, ANDADMINISTRATION report that we have printed HCR 39,H 624, H 625, H 626, H 627, H 628, H 629, H 630, H 631,H 632, and HJR 10. FIELD(18), Chairman

HCR 39, H 624, H 625, H 629, and H 630 were referred tothe State Affairs Committee.

H 626, H 627, and H 628 were referred to the Health andWelfare Committee.


HJR 10 was referred to the Revenue and TaxationCommittee.


We, your COMMITTEE ON JUDICIARY, RULES, ANDADMINISTRATION, report that we have enrolled HCR 36 andH 565.

FIELD(18), Chairman

The Speaker announced he was about to sign enrolledHCR 36 and H 565, and, when so signed, ordered themtransmitted to the Senate for the signature of the President.


We, your COMMITTEE ON REVENUE AND TAXATION,report that we have had under consideration H 537, H 538, andH 567 and recommend that they do pass.

CROW, Chairman



We, your COMMITTEE ON BUSINESS, report that we havehad under consideration H 487, H 488, H 489, H 490, H 491,H 492, H 493, H 494, H 495, H 496, and H 497 andrecommend that they do pass.

BLACK, Chairman

H 487, H 488, H 489, H 490, H 491, H 492, H 493, H 494,H 495, H 496, and H 497 were filed for second reading.


We, your COMMITTEE ON BUSINESS, report that we havehad under consideration H 499 and report it back withamendments attached to be placed on General Orders forconsideration.

BLACK, Chairman



We, your COMMITTEE ON JUDICIARY, RULES, ANDADMINISTRATION, report that we have had underconsideration H 519 and H 520 and recommend that they dopass.

FIELD(18), Chairman




We, your COMMITTEE ON JUDICIARY, RULES, ANDADMINISTRATION, report that we have had underconsideration H 587 and report it back with amendments attachedto be placed on General Orders for consideration.

FIELD(18), Chairman




DEAL, Chairman




HOUSE JOINT MEMORIAL NO. 16 BY STATE AFFAIRS COMMITTEE




WHEREAS, the cost of prescription drugs imposes a heavyburden on many Idahoans, particularly people of retirement ageon fixed incomes; and

WHEREAS, Medicare beneficiaries made up almost 15% ofthe population in 1999, but accounted for about 40% of totalUnited States prescription drug spending; and

WHEREAS, legislation passed by the United States Congressdoes nothing to curb the cost of prescription drugs purchased inthe United States; and

WHEREAS, the assistance provided in that legislation doesnot become effective until 2006; and

WHEREAS, prescription drugs of comparable quality areavailable in Canada, often at much less than the cost of the samedrugs purchased in the United States; and

WHEREAS, the cost of prescription drugs purchased in theUnited States contributes to increasing costs for health care forpublic employees which is funded, in part, by state and federaltax dollars; and

WHEREAS, the cost for prescription drugs for IdahoMedicaid recipients was $128 million in fiscal year 2003 and isprojected at $150.5 million in fiscal year 2005; and

WHEREAS, between 1998 and 2000, prices for allprescription drugs rose at more than triple the rate of inflationand brand-name drug prices rose nearly four times as fast as therate of inflation.

NOW, THEREFORE, BE IT RESOLVED by the membersof the Second Regular Session of the Fifty-seventh IdahoLegislature, the House of Representatives and the Senateconcurring therein, that we urge Congress to pass and approvelegislation freeing the people of the United States and state andlocal government entities to legally purchase prescription drugs inCanada based on a list developed by state boards of pharmacy toassure quality. Further study and investigation should beundertaken to assure that the citizens of the state of Idaho and ofthe United States have access to prescription drugs at reasonableprices to assure their good health.





AN ACTRELATING TO FORFEITURE OF WATER RIGHTS;

AMENDING SECTION 42-223, IDAHO CODE, TO PROVIDETHAT NO PORTION OF ANY WATER RIGHT SHALL BELOST OR FORFEITED FOR NONUSE IF THE NONUSERESULTS FROM THE WATER RIGHT BEING USED FORMITIGATION PURPOSES APPROVED BY THE DIRECTOROF THE DEPARTMENT OF WATER RESOURCESINCLUDING AS A CONDITION OF APPROVAL FOR ANEW WATER RIGHT APPROPRIATION, A WATER RIGHTTRANSFER, A WATER EXCHANGE OR A MITIGATIONPLAN.


AN ACTRELATING TO IRRIGATION AND DRAINAGE

EASEMENTS AND RIGHTS-OF-WAY; AMENDINGSECTION 31-3805, IDAHO CODE, TO REQUIRE PRIORAPPROVAL FROM THE OWNERS OF IRRIGATION ORDRAINAGE EASEMENTS OR RIGHTS-OF-WAY FORENCROACHMENTS BEFORE A SUBDIVISION PLAT ORAMENDMENTS WILL BE ACCEPTED, APPROVED ANDRECORDED AND TO REQUIRE NOTIFICATION;AMENDING SECTION 42-1102, IDAHO CODE, TOREQUIRE PERMISSION FROM OWNERS OF IRRIGATIONRIGHTS-OF-WAY FOR ENCROACHMENTS OF ANY KINDON THE RIGHTS-OF-WAY; AMENDING SECTION 42-1208,IDAHO CODE, TO CLARIFY THAT PROTECTION FROMADVERSE POSSESSION APPLIES TO EASEMENTS ASWELL AS TO RIGHTS-OF-WAY OF IRRIGATION ANDDRAINAGE DISTRICTS; AND AMENDING CHAPTER 12,TITLE 42, IDAHO CODE, BY THE ADDITION OF A NEWSECTION 42-1209, IDAHO CODE, TO REQUIRE WRITTENPERMISSION OF THE OWNER OF AN IRRIGATION ORDRAINAGE EASEMENT OR RIGHT-OF-WAY BEFOREENCROACHMENTS OF ANY KIND ARE PERMITTED.



AN ACTRELATING TO JURISDICTION OF THE DEPARTMENT

OF WATER RESOURCES; AMENDING SECTION 42-1711,IDAHO CODE, TO FURTHER DEFINE THE TERM "DAM"TO CLARIFY THE JURISDICTION OF THE DEPARTMENTOF WATER RESOURCES; DECLARING AN EMERGENCYAND PROVIDING APPLICATION TO PENDINGPROCEDURES.


AN ACTRELATING TO WATER RIGHTS; AMENDING

SECTION 42-202B, IDAHO CODE, TO FURTHER DEFINE"CONSUMPTIVE USE"; AND AMENDING SECTION 42-222,IDAHO CODE, TO CLARIFY THAT CONSUMPTIVE USEDOES NOT AFFECT OR LIMIT A PROPOSED WATERRIGHT.


AN ACTRELATING TO THE BOARD OF SCALING

PRACTICES; AMENDING SECTION 38-1209, IDAHOCODE, TO DECREASE THE MINIMUM NUMBER OFMEETINGS THE BOARD SHALL HOLD IN EACHCALENDAR YEAR AND TO MAKE A TECHNICALCORRECTION.

HOUSE BILL NO. 638 BY COMMERCE AND HUMAN RESOURCES

COMMITTEE AN ACT

RELATING TO SALARIES AND BENEFITS OF STATEEMPLOYEES; AMENDING SECTION 67-5309A, IDAHOCODE, TO PROVIDE THAT IT IS THE INTENT OF THELEGISLATURE THAT A BENEFIT SURVEY SHALL BECONDUCTED ANNUALLY FOR THE PURPOSESPECIFIED; AND AMENDING SECTION 67-5309B, IDAHOCODE, TO PROVIDE THAT THE ADMINISTRATOR SHALLCONDUCT OR APPROVE BENEFIT SURVEYS, TOPROVIDE THAT THE ADMINISTRATOR SHALL SUBMITREPORTS OF THE RESULTS OF SALARY AND BENEFITSURVEYS TO THE GOVERNOR BY DECEMBER FIRST OFEACH YEAR, TO PROVIDE THAT THE GOVERNORSHALL SUBMIT HIS RECOMMENDATIONS TO THELEGISLATURE, TO PROVIDE FOR A LEGISLATIVERESPONSE TO THE GOVERNOR' S RECOMMENDATIONS,AND TO PROVIDE THAT THE ADMINISTRATOR SHALLALSO USE PAY SCHEDULES WHEN IMPLEMENTING THERESULTS OF SALARY CHANGES BY RULE.


COMMITTEE AN ACT

RELATING TO THE PERSONNEL SYSTEM ANDHOLIDAY PAY; AMENDING SECTION 67-5302, IDAHOCODE, TO CLARIFY THAT A HOLIDAY IS EIGHT HOURSOF EXEMPTION FROM WORK GRANTED TOEMPLOYEES WITH COMPENSATION AS IF THEYACTUALLY WORKED.


COMMITTEE AN ACT

RELATING TO MEDICAL EXAMINATION S;AMENDING CHAPTER 43, TITLE 39, IDAHO CODE, BYTHE ADDITION OF A NEW SECTION 39-4307, IDAHOCODE, TO SET FORTH PATIENT RIGHTS RELATED TOMEDICAL EXAMINATIONS.


COMMITTEE AN ACT

RELATING TO DRUG CRIMES; AMENDING SECTION37-2739B, IDAHO CODE, TO PROVIDE FOR SENTENCINGIN CASES INVOLVING CERTAIN DRUG CRIMES WHERETHE VIOLATION OCCURRED WITHIN ONE THOUSANDFEET OF A HEAD START, PRESCHOOL, DAY CARECENTER, FAMILY DAY CARE HOME OR GROUP DAYCARE FACILITY OR ANY SPONSORED ACTIVITY BYSAID FACILITIES; AND AMENDING SECTION 20-525A,IDAHO CODE, TO PROHIBIT THE EXPUNGEMENT OFCONVICTIONS FOR CERTAIN DRUG CRIMES FROMJUVENILE RECORDS WHERE THE CRIMES OCCURREDWITHIN ONE THOUSAND FEET OF A HEAD START,PRESCHOOL, DAY CARE CENTER, FAMILY DAY CAREHOME OR GROUP DAY CARE FACILITY OR ANYSPONSORED ACTIVITY BY SAID FACILITIES.


COMMITTEE AN ACT

RELATING TO ADMINISTRATIVE JUDGES;AMENDING SECTION 1-703, IDAHO CODE, TO REVISEPROVISIONS RELATING TO THE ELECTION OFADMINISTRATIVE JUDGES, TO PROVIDE THAT THETERM OF SERVICE OF ELECTED AND APPOINTEDADMINISTRATIVE JUDGES SHALL BE PROVIDED BYTHE RULES OF THE IDAHO SUPREME COURT AND TOMAKE TECHNICAL CORRECTIONS.


COMMITTEE AN ACT

RELATING TO LIMITATION OF ACTIONS;AMENDING CHAPTER 2, TITLE 5, IDAHO CODE, BY THEADDITION OF A NEW SECTION 5-228A, IDAHO CODE, TOPROVIDE FOR A SPECIFIED EXTENSION OF TIME FORCOMMENCING ACTIONS OR FILING DOCUMENTSSUBJECT TO LIMITATIONS OF ACTIONS IN THE EVENTOF CLOSURE OF THE OFFICE OF THE CLERK OF THEDISTRICT COURT UPON CERTAIN CONDITIONS.


COMMITTEE AN ACT

RELATING TO COURT ASSISTANCE OFFICES ANDCOORDINATED FAMILY SERVICES; AMENDINGCHAPTER 14, TITLE 32, IDAHO CODE, BY THEADDITION OF A NEW SECTION 32-1406, IDAHO CODE,


TO AUTHORIZE THE SUPREME COURT TO ESTABLISHCERTAIN FEES RELATING TO MATERIALS, TRAININGAND OTHER SERVICES PROVIDED BY COURTASSISTANCE OFFICES AND COORDINATED FAMILYSERVICES, TO PROVIDE FOR WAIVERS OF THE FEESAND TO PROVIDE FOR THE COLLECTION, DEPOSITAND DEDICATION OF THE FEES.


AN ACTRELATING TO RETAIL SALE OF LIQUOR;

AMENDING SECTION 23-955, IDAHO CODE, TO PROVIDEAPPLICATION OF PROVISIONS GOVERNING SPLITOWNERSHIP OF A FACILITY TO A GOLF COURSE ANDTO MAKE A TECHNICAL CORRECTION.


AN ACTRELATING TO THE IDAHO HEALTH FACILITIES

AUTHORITY ACT; AMENDING SECTION 39-1443, IDAHOCODE, TO CLARIFY THAT THE TERM "HEALTHINSTITUTION" INCLUDES PRIVATE NOT FOR PROFITHOSPITALS, CORPORATIONS OR INSTITUTIONS ORPUBLIC HOSPITALS OR INSTITUTIONS AUTHORIZED BYLAW TO PROVIDE OR OPERATE HEALTH FACILITIESWHETHER DIRECTLY OR INDIRECTLY THROUGHAFFILIATES IN IDAHO AND TO MAKE TECHNICALCHANGES.


AN ACTRELATING TO LIABILITY OF GOVERNMENTAL

ENTITIES; AMENDING SECTION 6-903, IDAHO CODE, TOPROVIDE FOR REQUIRED SPECIFIC PLEADINGS FORANY CLAIM ALLEGING PERSONAL LIABILITY BY APUBLIC EMPLOYEE, TO PROVIDE FOR DISMISSAL OFCLAIMS IF CERTAIN CIRCUMSTANCES OCCUR, TOPROVIDE FOR THE AWARD OF REASONABLEATTORNEY' S FEES TO THE PUBLIC EMPLOYEE IFCERTAIN CIRCUMSTANCES OCCUR AND TO DEFINETHE TERM "PUBLIC EMPLOYEE."


AN ACTRELATING TO THE HAZARDOUS SUBSTANCE

EMERGENCY RESPONSE ACT; AMENDING SECTION39-7112, IDAHO CODE, TO CREATE THE HAZARDOUSSUBSTANCE EMERGENCY RESPONSE FUND AND TOPROVIDE THAT RECOVERIES BY THE STATE FORREIMBURSED COSTS SHALL BE DEPOSITED TO THEFUND.

H 633, H 634, H 635, H 636, H 637, H 638, H 639, H 640,H 641, H 642, H 643, H 644, H 645, H 646, H 647, and H 648were introduced, read the first time by title, and referred to theJudiciary, Rules, and Administration Committee for printing.



HJR 9, 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. Black to opendebate.



Black, Block, Boe, Bolz, Bradford, Campbell, Cannon, Clark,Collins, Crow, Cuddy, Deal, Denney, Douglas, Eberle,Edmunson, Ellsworth, Eskridge, Field(18), Field(23), Gagner,Garrett, Harwood, Henbest, Jaquet, Jones, Kellogg, Kulczyk,Lake, Langford, Langhorst, Martinez, McGeachin, McKague,Meyer, Miller, Mitchell, Moyle, Naccarato, Nielsen,Pasley-Stuart, Raybould, Ridinger, Ring, Ringo, Roberts,Robison, Rydalch, Sali, Sayler, Schaefer, Shepherd, Shirley,Skippen, Smith(30), Smith(24), Smylie, Snodgrass, Stevenson,Trail, Wills, Wood, Mr. Speaker. Total -- 69.

NAYS -- None.Absent and excused -- Bedke. Total -- 1.Total -- 70.



At this time, the Speaker recognized Mr. Campbell to opendebate.



Bedke, Bell, Black, Block, Boe, Bolz, Bradford, Campbell,Cannon, Clark, Collins, Crow, Cuddy, Deal, Denney, Douglas,Eberle, Edmunson, Ellsworth, Eskridge, Field(18), Field(23),Gagner, Garrett, Harwood, Henbest, Jaquet, Jones, Kellogg,Kulczyk, Lake, Langford, Langhorst, Martinez, McGeachin,Meyer, Miller, Mitchell, Moyle, Naccarato, Nielsen,Pasley-Stuart, Raybould, Ridinger, Ring, Ringo, Roberts,Robison, Rydalch, Sali, Sayler, Schaefer, Shepherd, Shirley,Skippen, Smith(30), Smith(24), Smylie, Snodgrass, Stevenson,Trail, Wills, Mr. Speaker. Total -- 68.

NAYS -- McKague, Wood. Total -- 2.Total -- 70.




At this time, the Speaker recognized Mr. Sayler to opendebate.


Roll call resulted as follows:AYES -- Andersen, Barraclough, Bedke, Bell, Black, Block,

Boe, Bolz, Bradford, Campbell, Cannon, Clark, Collins, Crow,Cuddy, Deal, Denney, Douglas, Eberle, Edmunson, Eskridge,Field(18), Field(23), Gagner, Garrett, Henbest, Jaquet, Jones,Kellogg, Lake, Langford, Langhorst, Martinez, McGeachin,McKague, Meyer, Miller, Mitchell, Naccarato, Nielsen,Pasley-Stuart, Ridinger, Ring, Ringo, Roberts, Robison,Rydalch, Sayler, Schaefer, Shepherd, Shirley, Skippen,Smith(30), Smith(24), Smylie, Snodgrass, Stevenson, Trail,Wills, Mr. Speaker. Total -- 60.

NAYS -- Barrett, Bauer, Bayer, Ellsworth, Harwood,Kulczyk, Moyle, Raybould, Sali, Wood. Total -- 10.

Total -- 70.






Bedke, Bell, Black, Block, Boe, Bolz, Bradford, Campbell,Cannon, Clark, Collins, Crow, Cuddy, Deal, Denney, Douglas,Eberle, Edmunson, Ellsworth, Eskridge, Field(18), Field(23),Gagner, Garrett, Harwood, Henbest, Jaquet, Jones, Kellogg,Kulczyk, Lake, Langford, Langhorst, Martinez, McGeachin,McKague, Meyer, Miller, Mitchell, Naccarato, Nielsen,Pasley-Stuart, Raybould, Ridinger, Ring, Ringo, Roberts,Robison, Rydalch, Sali, Sayler, Schaefer, Shepherd, Shirley,Skippen, Smith(30), Smith(24), Smylie, Snodgrass, Stevenson,Trail, Wills, Mr. Speaker. Total -- 68.

NAYS -- None.Absent and excused -- Moyle, Wood. Total -- 2.Total -- 70.



At this time, the Speaker recognized Mr. Smylie to opendebate.



Bedke, Bell, Black, Block, Boe, Bolz, Bradford, Campbell,Cannon, Clark, Collins, Crow, Cuddy, Deal, Denney, Douglas,Eberle, Edmunson, Ellsworth, Eskridge, Field(18), Field(23),Gagner, Garrett, Harwood, Henbest, Jaquet, Jones, Kellogg,Kulczyk, Lake, Langford, Langhorst, Martinez, McGeachin,McKague, Meyer, Miller, Mitchell, Moyle, Naccarato, Nielsen,Pasley-Stuart, Raybould, Ridinger, Ring, Ringo, Roberts,Robison, Rydalch, Sali, Sayler, Schaefer, Shepherd, Shirley,Skippen, Smith(30), Smith(24), Smylie, Snodgrass, Stevenson,Trail, Wills, Wood, Mr. Speaker. Total -- 70.



At this time, the Speaker recognized Mrs. Miller andMs. Skippen to open debate.


Roll call resulted as follows:AYES -- Andersen, Barraclough, Bauer, Bell, Black, Block,

Boe, Bolz, Campbell, Cannon, Clark, Collins, Cuddy, Deal,Denney, Douglas, Edmunson, Eskridge, Field(18), Field(23),Gagner, Garrett, Henbest, Jaquet, Jones, Kellogg, Lake,Langford, Langhorst, Martinez, Meyer, Miller, Mitchell,Naccarato, Nielsen, Pasley-Stuart, Ridinger, Ring, Ringo,Robison, Rydalch, Sayler, Shepherd, Shirley, Skippen,Smith(30), Smith(24), Snodgrass, Stevenson, Trail, Wills,Mr. Speaker. Total -- 52.

NAYS -- Barrett, Bayer, Bedke, Bradford, Crow, Eberle,Ellsworth, Harwood, Kulczyk, McGeachin, McKague, Moyle,Raybould, Roberts, Sali, Schaefer, Smylie, Wood. Total -- 18.

Total -- 70.




RECESS

Afternoon Session


Roll call showed 69 members present.Absent and excused -- Gagner. Total -- 1.Total -- 70.

Prior to recess, the House was at the Eleventh Order ofBusiness.







Block, Boe, Bolz, Bradford, Campbell, Cannon, Clark, Collins,Cuddy, Denney, Douglas, Eberle, Edmunson, Ellsworth,Eskridge, Field(18), Field(23), Henbest, Jaquet, Jones, Kellogg,Kulczyk, Lake, Langford, Langhorst, Martinez, McGeachin,Meyer, Mitchell, Moyle, Naccarato, Nielsen, Pasley-Stuart,Raybould, Ridinger, Ring, Ringo, Roberts, Robison, Sali,Sayler, Shirley, Skippen, Smith(30), Smith(24), Smylie,Snodgrass, Stevenson, Trail, Wills, Mr. Speaker. Total -- 57.

NAYS -- Barrett, Crow, Harwood, McKague, Schaefer,Wood. Total -- 6.

Absent and excused -- Black, Deal, Gagner, Garrett, Miller,Rydalch, Shepherd. Total -- 7.

Total -- 70.




At this time, the Speaker recognized Mr. Eskridge to opendebate.



Bedke, Bell, Block, Boe, Bolz, Bradford, Campbell, Cannon,Clark, Collins, Crow, Cuddy, Deal, Denney, Eberle, Edmunson,Ellsworth, Eskridge, Field(18), Field(23), Harwood, Jones,Kellogg, Kulczyk, Lake, Langford, Martinez, McGeachin,McKague, Meyer, Mitchell, Moyle, Naccarato, Nielsen,Raybould, Ridinger, Ring, Ringo, Schaefer, Shepherd, Shirley,Skippen, Smith(30), Smylie, Snodgrass, Stevenson, Trail, Wills,Wood, Mr. Speaker. Total -- 55.

NAYS -- Douglas, Henbest, Jaquet, Langhorst,Pasley-Stuart, Robison, Sayler. Total -- 7.

Absent and excused -- Black, Gagner, Garrett, Miller,Roberts, Rydalch, Sali, Smith(24). Total -- 8.

Total -- 70.






Bedke, Bell, Block, Boe, Bolz, Bradford, Campbell, Cannon,Clark, Collins, Crow, Cuddy, Deal, Denney, Douglas, Eberle,Edmunson, Ellsworth, Eskridge, Field(18), Field(23), Harwood,Henbest, Jaquet, Jones, Kellogg, Kulczyk, Lake, Langford,Langhorst, Martinez, McGeachin, McKague, Meyer, Mitchell,Moyle, Naccarato, Nielsen, Pasley-Stuart, Raybould, Ridinger,Ring, Ringo, Robison, Sayler, Schaefer, Shepherd, Shirley,Skippen, Smith(30), Smith(24), Smylie, Snodgrass, Stevenson,Trail, Wills, Wood, Mr. Speaker. Total -- 63.

NAYS -- None.Absent and excused -- Black, Gagner, Garrett, Miller,

Roberts, Rydalch, Sali. Total -- 7.Total -- 70.



At this time, the Speaker recognized Mr. Trail to opendebate.



Bedke, Bell, Block, Boe, Bolz, Bradford, Campbell, Clark,Collins, Crow, Cuddy, Deal, Denney, Douglas, Eberle,Edmunson, Ellsworth, Eskridge, Field(18), Field(23), Harwood,Henbest, Jaquet, Jones, Kellogg, Kulczyk, Lake, Langford,Langhorst, Martinez, McGeachin, McKague, Meyer, Mitchell,Moyle, Naccarato, Nielsen, Pasley-Stuart, Raybould, Ridinger,Ring, Ringo, Robison, Sali, Sayler, Schaefer, Shepherd, Shirley,Skippen, Smith(30), Smith(24), Smylie, Snodgrass, Stevenson,Trail, Wills, Wood, Mr. Speaker. Total -- 63.

NAYS -- Cannon. Total -- 1.Absent and excused -- Black, Gagner, Garrett, Miller,

Roberts, Rydalch. Total -- 6.Total -- 70.







Bedke, Bell, Block, Boe, Bolz, Bradford, Campbell, Cannon,Clark, Collins, Crow, Cuddy, Deal, Denney, Douglas, Eberle,Edmunson, Ellsworth, Eskridge, Field(18), Field(23), Harwood,Henbest, Jaquet, Jones, Kellogg, Kulczyk, Lake, Langford,Langhorst, Martinez, McGeachin, McKague, Meyer, Mitchell,Moyle, Naccarato, Nielsen, Pasley-Stuart, Raybould, Ridinger,Ring, Ringo, Robison, Sali, Sayler, Schaefer, Shepherd, Shirley,Skippen, Smith(30), Smith(24), Smylie, Snodgrass, Stevenson,Trail, Wills, Wood, Mr. Speaker. Total -- 64.

NAYS -- None.Absent and excused -- Black, Gagner, Garrett, Miller,




At this time, the Speaker recognized Mr. Andersen to opendebate.



Bedke, Bell, Black, Block, Boe, Bolz, Bradford, Campbell,Cannon, Clark, Collins, Crow, Cuddy, Deal, Denney, Douglas,Eberle, Edmunson, Ellsworth, Eskridge, Field(18), Field(23),Harwood, Henbest, Jaquet, Jones, Kellogg, Kulczyk, Lake,Langford, Langhorst, Martinez, McGeachin, McKague, Meyer,Mitchell, Moyle, Naccarato, Nielsen, Pasley-Stuart, Raybould,Ridinger, Ring, Ringo, Robison, Sali, Sayler, Schaefer,Shepherd, Shirley, Skippen, Smith(30), Smith(24), Smylie,Snodgrass, Stevenson, Trail, Wills, Wood, Mr. Speaker.Total -- 65.

NAYS -- None.Absent and excused -- Gagner, Garrett, Miller, Roberts,

Rydalch. Total -- 5.Total -- 70.






Bedke, Bell, Black, Block, Boe, Bolz, Bradford, Campbell,Cannon, Clark, Collins, Cuddy, Deal, Denney, Douglas, Eberle,

Edmunson, Ellsworth, Eskridge, Field(18), Field(23), Harwood,Henbest, Jaquet, Jones, Kellogg, Kulczyk, Lake, Langford,Langhorst, Martinez, McGeachin, McKague, Meyer, Mitchell,Moyle, Naccarato, Nielsen, Pasley-Stuart, Raybould, Ridinger,Ring, Ringo, Robison, Sali, Sayler, Schaefer, Shepherd, Shirley,Skippen, Smith(30), Smith(24), Smylie, Snodgrass, Stevenson,Trail, Wills, Wood, Mr. Speaker. Total -- 64.

NAYS -- None.Absent and excused -- Crow, Gagner, Garrett, Miller,






Roll call resulted as follows:AYES -- Andersen, Barraclough, Bauer, Bayer, Bell, Black,

Block, Boe, Bolz, Bradford, Campbell, Cannon, Collins, Cuddy,Deal, Denney, Douglas, Eberle, Ellsworth, Eskridge, Field(18),Field(23), Garrett, Henbest, Jaquet, Jones, Kellogg, Langford,Langhorst, Martinez, McGeachin, Meyer, Mitchell, Naccarato,Nielsen, Pasley-Stuart, Ridinger, Ring, Ringo, Robison,Rydalch, Sayler, Schaefer, Shepherd, Shirley, Skippen,Smith(30), Smith(24), Smylie, Snodgrass, Stevenson, Trail,Wills, Mr. Speaker. Total -- 54.

NAYS -- Barrett, Bedke, Clark, Harwood, Kulczyk, Lake,McKague, Moyle, Raybould, Sali, Wood. Total -- 11.

Absent and excused -- Crow, Edmunson, Gagner, Miller,Roberts. Total -- 5.

Total -- 70.

Whereupon the Speaker declared SCR 119 adopted andordered the resolution returned to the Senate.





Bedke, Bell, Black, Block, Boe, Bolz, Bradford, Campbell,Cannon, Clark, Collins, Cuddy, Deal, Denney, Douglas, Eberle,Edmunson, Ellsworth, Eskridge, Field(18), Field(23), Garrett,Harwood, Henbest, Jaquet, Jones, Kellogg, Kulczyk, Lake,Langford, Langhorst, Martinez, McGeachin, McKague, Meyer,Miller, Mitchell, Moyle, Naccarato, Nielsen, Pasley-Stuart,Raybould, Ridinger, Ring, Ringo, Robison, Rydalch, Sali,


Sayler, Schaefer, Shepherd, Shirley, Skippen, Smith(30),Smith(24), Smylie, Snodgrass, Stevenson, Trail, Wills, Wood,Mr. Speaker. Total -- 67.

NAYS -- None.Absent and excused -- Crow, Gagner, Roberts. Total -- 3.Total -- 70.


Mr. Denney asked unanimous consent that SCR 120 retain itsplace on the Third Reading Calendar for one Legislative Day.There being no objection, it was so ordered.


At this time, the Speaker recognized Mrs. McKague to opendebate.


Roll call resulted as follows:AYES -- Andersen, Barrett, Bauer, Bayer, Bedke, Bell,

Black, Block, Boe, Bolz, Bradford, Campbell, Cannon, Clark,Collins, Cuddy, Deal, Denney, Douglas, Eberle, Edmunson,Ellsworth, Eskridge, Field(18), Field(23), Garrett, Harwood,Henbest, Jaquet, Jones, Kellogg, Kulczyk, Lake, Langford,Langhorst, Martinez, McGeachin, McKague, Meyer, Miller,Mitchell, Moyle, Naccarato, Nielsen, Pasley-Stuart, Raybould,Ridinger, Ring, Ringo, Robison, Rydalch, Sali, Sayler, Schaefer,Shepherd, Shirley, Skippen, Smith(30), Smith(24), Smylie,Snodgrass, Stevenson, Trail, Wills, Wood, Mr. Speaker.Total -- 66.

NAYS -- None.Absent and excused -- Barraclough, Crow, Gagner, Roberts.




At this time, the Speaker recognized Mr. Schaefer to opendebate.



Black, Block, Boe, Bolz, Bradford, Campbell, Cannon, Clark,Collins, Cuddy, Deal, Denney, Douglas, Eberle, Edmunson,Ellsworth, Eskridge, Field(18), Field(23), Garrett, Harwood,

Henbest, Jaquet, Jones, Kellogg, Kulczyk, Lake, Langford,Langhorst, Martinez, McGeachin, McKague, Meyer, Miller,Mitchell, Moyle, Naccarato, Nielsen, Pasley-Stuar t, Raybould,Ridinger, Ring, Ringo, Robison, Rydalch, Sali, Sayler, Schaefer,Shepherd, Shirley, Skippen, Smith(30), Smith(24), Smylie,Snodgrass, Stevenson, Trail, Wills, Wood, Mr. Speaker.Total -- 66.

NAYS -- None.Absent and excused -- Barraclough, Crow, Gagner, Roberts.



Mr. Denney asked unanimous consent that H 502 retain itsplace on the Third Reading Calendar until Monday,February 16, 2004. There being no objection, it was so ordered.

Mr. Denney asked unanimous consent that H 483 be placed atthe top of the Third Reading Calendar. There being noobjection, it was so ordered.





Black, Block, Boe, Bolz, Bradford, Campbell, Cannon, Clark,Collins, Cuddy, Deal, Denney, Douglas, Eberle, Edmunson,Ellsworth, Eskridge, Field(18), Field(23), Garrett, Henbest,Jaquet, Jones, Kellogg, Langford, Langhorst, Martinez,McGeachin, McKague, Meyer, Miller, Mitchell, Moyle, Nielsen,Pasley-Stuart, Raybould, Ridinger, Ring, Ringo, Robison,Rydalch, Sali, Sayler, Schaefer, Shepherd, Shirley, Skippen,Smith(30), Smith(24), Smylie, Snodgrass, Stevenson, Trail,Wills, Wood, Mr. Speaker. Total -- 62.

NAYS -- Harwood, Kulczyk, Naccarato. Total -- 3.Absent and excused -- Barraclough, Crow, Gagner, Lake,

Roberts. Total -- 5.Total -- 70.





Adjournment

Mr. Denney moved that the House adjourn until 11 a.m. ,Wednesday, February 11, 2004. Seconded by Ms. Jaquet.Motion carried.




THIRTY-FIRST LEGISLATIVE DAYWEDNESDAY, FEBRUARY 11, 2004






Approval of Journal


We, your COMMITTEE ON JUDICIARY, RULES, ANDADMINISTRATION, report that we have read and approved theHouse Journal of the Thirtieth Legislative Day and recommendthat same be adopted as corrected.

FIELD(18), Chairman








We, your COMMITTEE ON JUDICIARY, RULES, ANDADMINISTRATION report that we have printed HJM 16,H 633, H 634, H 635, H 636, H 637, H 638, H 639, H 640,H 641, H 642, H 643, H 644, H 645, H 646, H 647, and H 648.

FIELD(18), Chairman

HJM 16 and H 646 were referred to the Health and WelfareCommittee.

H 633, H 634, H 635, H 636, and H 637 were referred tothe Resources and Conservation Committee.

H 638 and H 639 were referred to the Commerce and HumanResources Committee.

H 640, H 641, H 642, H 643, and H 644 were referred tothe Judiciary, Rules, and Administration Committee.

H 645 and H 647 were referred to the State AffairsCommittee.






We, your COMMITTEE ON LOCAL GOVERNMENT,report that we have had under consideration S 1222 and S 1223and recommend that they do pass.

BARRETT, Chairman

S 1222 and S 1223 were filed for second reading.


We, your COMMITTEE ON AGRICULTURAL AFFAIRS,report that we have had under consideration H 549 andrecommend that it do pass. JONES, Chairman



We, your COMMITTEE ON TRANSPORTATION ANDDEFENSE, report that we have had under consideration HJM 15and recommend that it do pass. WOOD, Chairman

HJM 15 was filed for second reading.


We, your COMMITTEE ON ENVIRONMENTALAFFAIRS, report that we have had under consideration H 611and recommend that it do pass.

RAYBOULD, Chairman



We, your COMMITTEE ON HEALTH AND WELFARE,report that we have had under consideration H 627 andrecommend that it do pass.

SALI, Chairman




We, your COMMITTEE ON STATE AFFAIRS, report thatwe have had under consideration H 624, H 596, H 608, andS 1214 and recommend that they do pass. DEAL, Chairman

H 624, H 596, H 608, and S 1214 were filed for secondreading.


We, your COMMITTEE ON REVENUE AND TAXATION,report that we have had under consideration H 601 and H 610and recommend that they do pass. CROW, Chairman




HOUSE CONCURRENT RESOLUTION NO. 40 BY ENVIRONMENTAL AFFAIRS COMMITTEE


ENCOURAGING IDAHO CITIZENS TO REDUCE, REUSEAND RECYCLE HOUSEHOLD HAZARDOUS WASTE ANDELECTRONIC WASTE.


WHEREAS, one of Idaho' s greatest treasures is theexceptional environment that we share; and

WHEREAS, the proper management of waste is key topreserving our environment and strengthening our economy; and

WHEREAS, the proper management of household hazardouswaste containing heavy metals and manmade constituents can helpprotect water supplies and our environment; and

WHEREAS, a U.S. Environmental Protection Agency reportdated May 11, 2001, states that approximately 3.2 million tons ofelectronic waste ends up in United States landfills each year, andthat 250 million computers will become obsolete in the next fiveyears; and

WHEREAS, reducing and recycling household hazardouswaste and electronic waste can conserve our nation' s resources;and

WHEREAS, proper waste diversion can conserve Idaho' slandfill space.

NOW, THEREFORE, BE IT RESOLVED by the membersof the Second Regular Session of the Fifty-seventh IdahoLegislature, the House of Representatives and the Senateconcurring therein, that all Idaho citizens are hereby encouragedto reduce, reuse and recycle household hazardous waste andelectronic waste.

HOUSE CONCURRENT RESOLUTION NO. 41 BY HEALTH AND WELFARE COMMITTEE

A CONCURRENT RESOLUTIONSTATING LEGISLATIVE FINDINGS AND PROVIDING

THAT THE DEPARTMENT OF HEALTH AND WELFARESHALL NEGOTIATE AND IMPLEMENT A PROCESS FORTHE REVIEW OF MEDICAID REIMBURSEMENT RATESWITH PROVIDERS.


WHEREAS, the cost of living in Idaho has risen in excess ofthree percent per year in recent years; and

WHEREAS, the annual budget allocations to Medicaid allowonly cost-of-living adjustments to certain Medicaid contractors orproviders, but do not allow for such adjustments to providers ofcase management, service coordination, mental health anddevelopmental disability service providers; and

WHEREAS, the state employees, including the employees ofthe Department of Health and Welfare, who administer the state' sMedicaid Program have received periodic pay increases in ten ofthe last thirteen years equaling a total of 34. 4%; and

WHEREAS, private Medicaid providers of case management,service coordination, mental health and developmental disabilityservices have been granted only two cost-of-living adjustments totheir rates in the past thirteen years, totaling only 6.5%; and

WHEREAS, private providers of case management, servicecoordination, mental health and developmental disability relatedservices continue to experience great difficulties in recruiting andretaining qualified individuals as a result of the providers'inability to offer competitive pay and benefits to employees; and

WHEREAS, there is no defined methodology upon whichMedicaid providers may rely in this state for establishment of, orthe periodic review of reimbursement rates; and

WHEREAS, it is the desire of the Legislature of the State ofIdaho to ensure that contractors and providers of Medicaidservices be afforded the opportunity to enter into good faithdiscussion and review of rates and service expectation on at leastan annual basis with the Department of Health and Welfare andofficials administering the Medicaid Program.

NOW, THEREFORE, BE IT RESOLVED by the membersof the Second Regular Session of the Fifty-seventh IdahoLegislature, the House of Representatives and the Senateconcurring therein, that the Department of Health and Welfareshall negotiate a process and implement a methodology underwhich the review of service expectations, and the review ofreimbursement rates for case management, service coordination,developmental disability services and mental health relatedservices shall be reviewed with the specific provider groupsassociated with the provision of such services, and renegotiatedwhen necessary, on not less than an annual basis. Suchmethodology must result in a written summary of findings, whichwould justify whatever action or inaction may result from such areview.

BE IT FURTHER RESOLVED that the Department ofHealth and Welfare shall issue an annual report to both the Senateand the House of Representatives indicating the progress made incomplying with this Concurrent Resolution.

HOUSE JOINT MEMORIAL NO. 17 BY HEALTH AND WELFARE COMMITTEE


OF THE UNITED STATES IN CONGRESS ASSEMBLED,AND TO THE C ONGRESSIONAL DELEGATIONREPRESENTING THE STATE OF IDAHO IN THECONGRESS OF THE UNITED STATES.



WHEREAS, current federal and state medical assistanceexpenditures for long-term care services in Idaho exceed $145.7million annually, with the state' s annual share at approximately$43.7 million; and

WHEREAS, skyrocketing costs of providing care to personswho need assistance to meet daily needs have hit the middle classparticularly hard; and

WHEREAS, the national average cost for nursing home careis approximately $50,000 per year; and

WHEREAS, costs to the state of Idaho will rise on account ofincreasing demands for services as our population ages; and

WHEREAS, the purpose of the long-term care partnershipprogram is to provide incentives to individuals to purchase long-term care insurance, and consequently to relieve the financialburdens on the states when they assume payment for thelong-term care needs of their citizens under the Medicaidprogram by allowing individuals who exhaust qualified privatelong-term care policy benefits to protect an equivalent value ofassets and still satisfy Medicaid' s financial eligibilityrequirements; and

WHEREAS, the concept of long-term care partnership resultsin private insurance paying first and government paying last; and

WHEREAS, the four states that have had partnership plansfor almost a decade, specifically California, Connecticut, Indianaand New York, have experienced significant savings totaxpayers, and have seen less than 100 total partnershippurchasers qualify for Medicaid; and

WHEREAS, American citizens in 46 states, the District ofColumbia and terr itories of the United States are beingdiscriminated against by not being able to enjoy the benefitsprovided by long-term care partnership plans due to a restrictionpresent in Section 1917(b)(1)(C) of the Social Security Act(49 Stat. 620, 42 U.S.C. 1396p(b)(1)(C)) which has discouragedadditional states from enacting long-term care partnershipprograms by effectively removing the major incentive forindividuals to participate.

NOW, THEREFORE, BE IT RESOLVED by the membersof the Second Regular Session of the Fifty-seventh IdahoLegislature, the House of Representatives and the Senateconcurring therein, that we urge the United States Congress toamend Section 1917(b)(1)(C) of the Social Security Act (49 Stat.620, 42 U.S.C. 1396p(b)(1)(C)) by deleting May 14, 1993, asthe deadline for approval by states of long-term care partnershipplans, thus affording states throughout the nation the ability togive their citizens the same rights to participate in those types ofplans.





AN ACTRELATING TO THE OCCUPANCY TAX; AMENDING

SECTION 63-317, IDAHO CODE, TO PROVIDE THAT NEWMANUFACTURED HOUSING SHALL NOT BE SUBJECT TOPROPERTY TAXATION DURING THE FIRST YEAR OFOCCUPANCY IF OCCUPIED AFTER JANUARY 1, TODEFINE "NEW MANUFACTURED HOUSING," TOPROVIDE FOR THE OCCUPANCY TAX TO BE LEVIED ONNEW MANUFACTURED HOUSING AND TO PROVIDE AREQUIREMENT FOR THE OWNER OF NEWMANUFACTURED HOUSING TO REPORT TO THECOUNTY ASSESSOR THAT THE NEW MANUFACTUREDHOUSING HAS BEEN OCCUPIED; DECLARING ANEMERGENCY AND PROVIDING RETROACTIVEAPPLICATION.


AN ACTRELATING TO TRANSFER OF REAL PROPERTY;

AMENDING CHAPTER 3, TITLE 63, IDAHO CODE, BYTHE ADDITION OF A NEW SECTION 63-307A, IDAHOCODE, TO PROVIDE A STATEMENT OF INTENT, TOPROVIDE DEFINITIONS, TO PROVIDE FOR A REPORT OFTRANSFERS AND CHANGE IN OWNERSHIP RECORDS,TO PROVIDE F OR A PROPERTY TRANSFERCERTIFICATE, TO PROVIDE FOR EXEMPTIONS FROMDISCLOSURE OF VALUE, TO PROHIBIT DISCLOSURE OFINFORMATION AND TO PROVIDE PENALTIES; ANDAMENDING SECTION 9-340D, IDAHO CODE, TO EXEMPTF R O M D I SC L OSURE PROPERT Y T R AN SF E RCERTIFICATES FILED PURSUANT TO SECTION 63-307A,IDAHO CODE.


AN ACTRELATING TO INCOME TAX CREDITS FOR NEW

EMPLOYEES; AMENDING SECTION 63-3029F, IDAHOCODE, TO PROVIDE THAT IN THE CASE OF CERTAINNEW EMPLOYEES EARNING AN AVERAGE OF FIFTEENDOLLARS AND FIFTY CENTS PER HOUR AND ELIGIBLEFOR EMPLOYER PROVIDED HEALTH AND ACCIDENTCOVERAGE THE STATE INCOME TAX CREDIT SHALL BEONE THOUSAND DOLLARS PER EMPLOYEE;DECLARING AN EMERGENCY AND PROVIDINGRETROACTIVE APPLICATION.


AN ACTRELATING TO STATUES AND MONUMENTS;

AMENDING CHAPTER 41, TITLE 67, IDAHO CODE, BYTHE ADDITION OF A NEW SECTION 67-4131, IDAHOCODE, TO PROVIDE A REBUTTABLE PRESUMPTION


THAT CERTAIN STATUES AND MONUMENTS HAVEHISTORICAL SIGNIFICANCE AND VALUE, TO PROVIDEFOR APPROVAL BY THE BOARD OF TRUSTEES OF THEIDAHO STATE HISTORICAL SOCIETY PRIOR TOMOVEMENT OR REMOVAL OF STATUES ANDMONUMENTS HAVING HISTORICAL SIGNIFICANCE ANDVALUE, TO PROVIDE FOR CERTAIN PETITIONS, TOPROVIDE FINDINGS UPON WHICH MOVEMENT ORREMOVAL OF CERTAIN STATUES OR MONUMENTSMAY BE APPROVED AND TO REQUIRE THE ATTORNEYGENERAL OF THE STATE OF IDAHO TO PROVIDEREPRESENTATION ON BEHALF OF POLITICALSUBDIVISIONS UNDER CERTAIN CIRCUMSTANCES; ANDDECLARING AN EMERGENCY.


AN ACTRELATING TO DOMESTIC CERVIDAE; AMENDING

THE HEADING FOR CHAPTER 35, TITLE 25, IDAHOCODE, AS ADDED BY SECTION 1, CHAPTER 73, LAWSOF 1994; AMENDING SECTION 25-3501, IDAHO CODE, ASADDED BY SECTION 1, CHAPTER 73, LAWS OF 1994, TOREDESIGNATE THE SECTION, TO PROVIDE THATDOMESTIC CERVIDAE MAY BE OWNED, CONTROLLEDOR HELD IN CAPTIVITY FOR CERTAIN PURPOSES ONFARMS OR RANCHES THAT HAVE BEEN REGISTEREDWITH THE DIVISION OF ANIMAL INDUSTRIES, TOPROVIDE FOR THE HARVESTING OF DOMESTICCERVIDAE AND TO AUTHORIZE CERTAIN ACTIVITYRELATING TO DOMESTIC CERVIDAE FOR THE AGENTSOF PRODUCERS; AMENDING CHAPTER 37, TITLE 25,IDAHO CODE, BY THE ADDITION OF A NEW SECTION25-3703A, IDAHO CODE, TO PROVIDE FOR OFFICIALPERMANENT IDENTIFICATION FOR DOMESTICCERVIDAE; AMENDING SECTION 25-3504, IDAHO CODE,AS ADDED BY SECTION 1, CHAPTER 73, LAWS OF 1994,TO REDESIGNATE THE SECTION, TO AUTHORIZE THEADMINISTRATOR OF THE DIVISION OF ANIMALINDUSTRIES TO MAKE, PROMULGATE AND ENFORCERULES RELATING TO THE REGISTRATION OFDOMESTIC CERVIDAE FARMS AND RANCHES AND TOENFORCE SPECIFIED PROVISIONS OF LAW; AMENDINGCHAPTER 37, TITLE 25, IDAHO CODE, BY THEADDITION OF A NEW SECTION 25-3705A, IDAHO CODE,TO SET FORTH CERTAIN DUTIES OF OWNERS ANDOPERATORS OF DOMESTIC CERVIDAE FARMS ANDRANCHES, TO AUTHORIZE THE DIVISION OF ANIMALINDUSTRIES OR ITS AGENTS TO TAKE CERTAINACTIONS RELATING TO THE ESCAPE OF DOMESTICCERVIDAE FROM FARMS OR RANCHES, TO PROVIDEFOR THE TAKING OF DOMESTIC CERVIDAE BYLICENSED HUNTERS UNDER SPECIFIED CONDITIONSAND TO PROVIDE AN EXCEPTION TO LIABILITY FORSUCH TAKING; AMENDING CHAPTER 37, TITLE 25,IDAHO CODE, BY THE ADDITION OF A NEW SECTION25-3705B, IDAHO CODE, TO PROVIDE FOR WILDUNGULATES; AMENDING SECTION 25-3508, IDAHOCODE, AS ADDED BY SECTION 1, CHAPTER 73, LAWSOF 1994, TO REDESIGNATE THE SECTION AND TOREVISE FEE PROVISIONS; AND AMENDING SECTION36-701, IDAHO CODE, TO PROVIDE A CORRECT CODEREFERENCE.


AN ACTRELATING TO SINGLE COUNTYWIDE HIGHWAY

DISTRICTS; AMENDING CHAPTER 14, TITLE 40, IDAHOCODE, BY THE ADDITION OF A NEW SECTION 40-1418,IDAHO CODE, TO PROVIDE FOR DISSOLUTION OFEXISTING SINGLE COUNTYWIDE HIGHWAY DISTRICTS;AND AMENDING SECTION 40-1801, IDAHO CODE, TOPROVIDE THAT THE SECTION SHALL NOT APPLY TOSINGLE COUNTYWIDE HIGHWAY DISTRICTS AND TOPROVIDE APPLICATION TO A SINGLE COUNTYWIDEHIGHWAY DISTRICT.


AN ACTRELATING TO THE LOCAL HIGHWAY TECHNICAL

ASSISTANCE COUNCIL; AMENDING SECTION 40-717,IDAHO CODE, TO PROVIDE A CODE REFERENCE;AMENDING CHAPTER 7, TITLE 40, IDAHO CODE, BYTHE ADDITION OF A NEW SECTION 40-717A, IDAHOCODE, TO CREATE THE LOCAL HIGHWAY ECONOMICINVESTMENT FUND, TO PROVIDE MONEYS FOR THEFUND FROM INCREASES IN MOTOR VEHICLECERTIFICATE OF TITLE FEES, TO PROVIDE FORAPPORTIONMENT OF MONEYS FROM THE FUND, TOPROVIDE FOR USE OF MONEYS AND TO REQUIREANNUAL REPORTING TO THE GERMANE COMMITTEESOF THE IDAHO LEGISLATURE; AND AMENDINGSECTION 49-202, IDAHO CODE, TO INCREASE CERTAINFEES AND TO PROVIDE FOR DEPOSIT OF THEADDITIONAL REVENUE TO THE LOCAL HIGHWAYECONOMIC INVESTMENT FUND.


AN ACTRELATING TO LICENSED PASTORAL COUNSELORS;

AMENDING SECTION 54-2303, IDAHO CODE, TO STRIKEREFERENCE TO PASTORAL COUNSELORS; ANDREPEALING SECTION 54-3405A, IDAHO CODE, TOELIMINATE LICENSED PASTORAL COUNSELORS.


AN ACTRELATING TO DISCLOSURE OF ABUSE OF

CONTROLLED SUBSTANCES; AMENDING THE HEADINGFOR CHAPTER 45, TITLE 54, IDAHO CODE, AS ADDEDBY SECTION 1, CHAPTER 33, LAWS OF 1998, TOREDESIGNATE THE CHAPTER; AMENDING SECTION54-4501, IDAHO CODE, AS ADDED BY SECTION 1,CHAPTER 33, LAWS OF 1998, TO REDESIGNATE THESECTION AND TO MAKE A TECHNICAL CORRECTION;AMENDING SECTION 54-4602, IDAHO CODE, TO DEFINE"EMPLOYER," TO FURTHER DEFINE THE TERM" PROVIDER" AND TO MAKE A TECHNICALCORRECTION; AMENDING SECTION 54-4603, IDAHOCODE, TO REQUIRE PROVIDERS TO REPORT CERTAININFORMATION RELATING TO SUBSTANCE ABUSE ANDTO MAKE A TECHNICAL CORRECTION; AMENDINGCHAPTER 46, TITLE 54, IDAHO CODE, BY THEADDITION OF A NEW SECTION 54-4605, IDAHO CODE,


TO PROVIDE A CONTROLLED SUBSTANCE ABUSEDISCLOSURE REQUIREMENT ON EMPLOYERS OFPROVIDERS; AND AMENDING SECTION 54-4504, IDAHOCODE, AS ADDED BY SECTION 1, CHAPTER 33, LAWSOF 1998, TO REDESIGNATE THE SECTION.


AN ACTRELATING TO MEDICAID ELIGIBILITY; AMENDING

TITLE 56, IDAHO CODE, BY THE ADDITION OF A NEWCHAPTER 12, TITLE 56, IDAHO CODE, TO ADOPT THELONG-TERM CARE PARTNERSHIP PROGRAM, TOPROVIDE A SHORT TITLE, TO DEFINE TERMS, TOSPECIFY THE OPERATION OF THE PROGRAM ANDESTABLISH THE PROVISIONS OF ASSET DISREGARD, TOSPECIFY TERMS OF ELIGIBILITY, TO PROVIDEADMINISTRATION, AND TO PROVIDE NOTICEREQUIREMENTS; AND PROVIDING AN EFFECTIVEDATE.


AN ACTRELATING TO THE IDAHO BOARD OF NURSING;

AMENDING SECTION 54-1402, IDAHO CODE, TOREMOVE PHYSICIAN SUPERVISION REQUIREMENTSAPPLICABLE TO CERTIFIED NURSE MIDWIVES,C L I N I C A L N U R S E SP E C I A L I ST S , N U R S EPRAC T I T ION ERS, AND REGISTERED NURSEANESTHETISTS.


AN ACTRELATING TO PUBLIC LIBRARY DISTRICTS;

AMENDING SECTION 33-2710, IDAHO CODE, TOPROVIDE THAT THE DOLLAR AMOUNT OF PROPERTYTAXES FOR A NEWLY CONSOLIDATED DISTRICT' SBUDGET SHALL NOT EXCEED ONE-TENTH PERCENT OFTHE MARKET VALUE FOR ASSESSMENT PURPOSES;AMENDING SECTION 33-2724, IDAHO CODE, TOINCREASE THE ALLOWABLE LEVY FOR THEMAINTENANCE AND OPERATION PORTION OF THEBUDGET TO A MAXIMUM OF ONE-TENTH PERCENT OFMARKET VALUE FOR ASSESSMENT PURPOSES AND TOPLACE A LIMIT ON INITIAL INDEBTEDNESS NOT TOEXCEED ONE-TENTH PERCENT ON EACH DOLLAR OFMARKET VALUE FOR ASSESSMENT PURPOSES; ANDAMENDING SECTION 33-2739, IDAHO CODE, TOPROVIDE THAT A SCHOOL-COMMUNITY LIBRARYDISTRICT MAY LEVY AN ANNUAL TAX NOT TOEXCEED ONE-TENTH PERCENT OF MARKET VALUEFOR ASSESSMENT PURPOSES AND TO MAKETECHNICAL CORRECTIONS.


AN ACTRELATING TO DISSOLUTION OF HOSPITAL

DISTRICTS; AMENDING SECTION 39-1325a, IDAHOCODE, TO REDESIGNATE THE SECTION, TO PROVIDE ATECHNICAL CORRECTION AND TO PROVIDE FOR ANORDER OF DISSOLUTION SUBJECT TO CERTAIN

PROVISIONS; AMENDING CHAPTER 13, TITLE 39, IDAHOCODE, BY THE ADDITION OF NEW SECTIONS 39-1325BAND 39-1325C, IDAHO CODE, TO PROVIDE FORDISSOLUTION OF A NONFUNCTIONING DISTRICT, TOPROVIDE THE EFFECT OF DISSOLUTION OF AHOSPITAL DISTRICT AND TO PROVIDE FOR DISPOSALOF PROPERTY AND DISTRIBUTION OF ASSETS ANDNOTIFICATION OF THE STATE CONTROLLER.


AN ACTRELATING TO PUBLIC LIBRARY DISTRICTS;

AMENDING SECTION 33-2709, IDAHO CODE, TOPROVIDE THAT ANY TAX-SUPPORTED CITY LIBRARY,WHETHER CONTIGUOUS OR NONCONTIGUOUS TO ALIBRARY DISTRICT, MAY JOIN AN ESTABLISHEDLIBRARY DISTRICT BY MAJORITY VOTE OF THEQUALIFIED ELECTORS OF THE CITY.


AN ACTRELATING TO TAXATION OF FOREST LANDS;

AMENDING SECTION 63-1703, IDAHO CODE, TOPROVIDE THAT IN THE EVENT PAYMENT IS OFFEREDOR MADE FOR TAXATION OF FOREST LANDS, IT SHALLBE ACCEPTED BY THE COUNTY TREASURER ANDAPPLIED IN THE MANNER OF PAYMENT OF OTHERPROPERTY TAX AND TO PROVIDE A CORRECT CODEREFERENCE.

H 649, H 650, H 651, H 652, H 653, H 654, H 655, H 656,H 657, H 658, H 659, H 660, H 661, H 662, and H 663 wereintroduced, read the first time by title, and referred to theJudiciary, Rules, and Administration Committee for printing.




H 487, H 488, H 489, H 490, H 491, H 492, H 493, H 494,H 495, H 496, and H 497, by Business Committee, were read thesecond time by title and filed for third reading.

H 519 and H 520, by Judiciary, Rules, and AdministrationCommittee, were read the second time by title and filed for thirdreading.



Mr. Deal asked unanimous consent that H 558 be placed onGeneral Orders for consideration. There being no objection, itwas so ordered.


Mr. Sali asked unanimous consent that SCR 120 be returnedto the Health and Welfare Committee. There being no objection,it was so ordered.






















Roll call resulted as follows:AYES -- Barraclough, Bedke, Bell, Black, Block, Boe, Bolz,

Bradford, Cannon, Collins, Cuddy, Deal, Denney, Douglas,Edmunson, Ellsworth, Field(18), Field(23), Gagner, Henbest,Jaquet, Jones, Kellogg, Langhorst, Martinez, Meyer, Miller,Mitchell, Naccarato, Pasley-Stuart, Ridinger, Ring, Ringo,Robison, Rydalch, Sayler, Shepherd, Shirley, Skippen,Snodgrass, Stevenson, Trail, Mr. Speaker. Total -- 43.

NAYS -- Andersen, Barrett, Bauer, Bayer, Campbell, Clark,Crow, Eberle, Eskridge, Garrett, Harwood, Kulczyk, Lake,Langford, McGeachin, McKague, Moyle, Nielsen, Raybould,Roberts, Sali, Schaefer , Smith(30), Smith(24), Smylie, Wills,Wood. Total -- 27.

Total -- 70.




At this time, the Speaker recognized Mr. Kulczyk andMr. Denney to open debate.



Bedke, Bell, Black, Block, Bolz, Bradford, Campbell, Cannon,Clark, Collins, Crow, Cuddy, Deal, Denney, Eberle, Edmunson,Ellsworth, Eskridge, Field(18), Field(23), Gagner, Garrett,Harwood, Kellogg, Kulczyk, Lake, Langford, McGeachin,


McKague, Meyer, Miller, Moyle, Nielsen, Raybould, Roberts,Rydalch, Sali, Schaefer, Shepherd, Shirley, Skippen, Smith(24),Smylie, Snodgrass, Stevenson, Wills, Wood, Mr. Speaker.Total -- 53.

NAYS -- Boe, Douglas, Henbest, Jaquet, Jones, Langhorst,Martinez, Mitchell, Naccarato, Pasley-Stuart, Ridinger, Ring,Ringo, Robison, Sayler, Smith(30), Trail. Total -- 17.

Total -- 70.

Whereupon the Speaker declared that more than two-thirds ofthe membership having voted in the affirmative, HJR 9 passedthe House. Title was approved and the resolution was orderedtransmitted to the Senate.



Adjournment

Mr. Moyle moved that the House adjourn until 11 a.m. ,Thursday, February 12, 2004. Seconded by Ms. Jaquet. Motioncarried.




THIRTY-SECOND LEGISLATIVE DAYTHURSDAY, FEBRUARY 12, 2004





The Pledge of Allegiance was led by Jessica Christensen,Page.

Approval of Journal


We, your COMMITTEE ON JUDICIARY, RULES, ANDADMINISTRATION, report that we have read and approved theHouse Journal of the Thirty-first Legislative Day and recommendthat same be adopted as corrected.

FIELD(18), Chairman




A Lincoln Day Memorial Service was presented to themembers of the House.

Opening Remarks .. . . . . . . . . . . . . . . .. . . . . . . . . . . . . Representative MillerChoral Performance .. . Mustang Magic Choir, West Junior High

Paul Olson, DirectorCivil War Re-Enactment . . . . . Steve Grueber, Executive Director

Idaho State Historical SocietySolo Performance .. . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . Janet BryantClosing .. . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . Representative Garrett

Prior to going at ease, the House was at the Fourth Order ofBusiness.



I transmit herewith enrolled S 1239 for the signature of theSpeaker.

WOOD, Secretary

The Speaker announced he was about to sign enrolled S 1239and, when so signed, ordered it returned to the Senate.


I return herewith enrolled HCR 36 and H 565 which havebeen signed by the President.

WOOD, Secretary




I transmit herewith S 1237, S 1238, and S 1253 which havepassed the Senate.

WOOD, Secretary

S 1237, S 1238, and S 1253 were filed for first reading.



We, your COMMITTEE ON JUDICIARY, RULES, ANDADMINISTRATION report that we have printed HCR 40,HCR 41, HJM 17, H 649, H 650, H 651, H 652, H 653,H 654, H 655, H 656, H 657, H 658, H 659, H 660, H 661,H 662, and H 663.

FIELD(18), Chairman


HCR 40 was referred to the Environmental AffairsCommittee.

HCR 41, HJM 17, H 656, H 657, H 658, and H 659 werereferred to the Health and Welfare Committee.

H 649, H 650, H 651, H 660, H 661, H 662, and H 663were referred to the Revenue and Taxation Committee.



H 654 and H 655 were referred to the Transportation andDefense Committee.



FIELD(18), Chairman



We, your COMMITTEE ON JUDICIARY, RULES, ANDADMINISTRATION, report that we have had underconsideration HCR 38 and recommend that it do pass.

FIELD(18), Chairman

HCR 38 was filed for second reading.



FIELD(18), Chairman



We, your COMMITTEE ON RESOURCES ANDCONSERVATION, report that we have had under considerationH 623 and H 515 and recommend that they do pass.

STEVENSON, Chairman



We, your COMMITTEE ON RESOURCES ANDCONSERVATION, report that we have had under considerationH 482 and report it back with amendments attached to be placedon General Orders for consideration.

STEVENSON, Chairman



We, your COMMITTEE ON BUSINESS, report that we havehad under consideration H 526, H 568, H 569, and H 585 andrecommend that they do pass.

BLACK, Chairman




HOUSE CONCURRENT RESOLUTION NO. 42 BY JUDICIARY, RULES, AND ADMINISTRATION


STATING LEGISLATIVE FINDINGS AND DIRECTINGTHE LEGISLATIVE COUNCIL TO APPOINT A TASKFORCE TO STUDY CRIMINAL SENTENCING IN IDAHO.


WHEREAS, incarceration rates and costs have increaseddramatically in recent years; and

WHEREAS, the Legislature seeks to ensure the imposition ofappropriate and just criminal penalties, and to make the mostefficient use of correctional resources; and

WHEREAS, criminal sentences should be imposed fairly,rationally and consistently, and incarceration should be reservedfor the most serious offenders; and

WHEREAS, the Legislature seeks to ensure a criminal justicesystem that protects the safety of the public and emphasizes theaccountability of the offender to the criminal justice system andthe accountability of the criminal justice system to the public; and

WHEREAS, criminal sentencing and parole practices aresufficiently complex and dynamic that it would be desirable foran interim task force to examine and make furtherrecommendations.

NOW, THEREFORE, BE IT RESOLVED by the membersof the Second Regular Session of the Fifty-seventh IdahoLegislature, the House of Representatives and the Senateconcurring therein, that the Legislative Council is authorized toappoint, on or before July 1, 2004, a bipartisan task force toundertake and complete a study of criminal sentencing and parolepractices. The Legislative Council shall determine the number oflegislators and membership from each house appointed to the taskforce and shall authorize the task force to receive input, adviceand assistance from interested and affected parties who are notmembers of the Legislature.

BE IT FURTHER RESOLVED that nonlegislative membersof the task force shall be appointed by the cochairs of the taskforce who are appointed by the Legislative Council.Nonlegislative members of the task force shall includerepresentatives of the judiciary, the Board of Correction, theAttorney General, the State Appellate Public Defender, theParole Commission, prosecuting attorneys, criminal defenseattorneys, crime victim organizations and inmate advocacyorganizations. Nonlegislative members of the task force shallserve without honorarium or compensation but shall bereimbursed for actual and necessary expenses pursuant to Section


59-509(b), Idaho Code. Nonlegislative members shall not havevoting privileges regarding the task force' s recommendations orproposed legislation.

BE IT FURTHER RESOLVED that the task force shallevaluate the effectiveness of the criminal sentencing structure ofthe state including, but not limited to, consideration and reviewof the following:

(1) Each criminal statute to determine if the penalty providedis proportional to the seriousness of the offense committed and topenalties provided for other offenses;

(2) The risks and benefits of allowing inmates earned timecredit;

(3) The potential savings that could be achieved withincremental reductions in mandatory minimum sentences;

(4) Any trends related to racial, gender or geographicaldisparity in sentences;

(5) The number and profile of inmates who are granted ordenied parole at the end of their fixed terms;

(6) The reasons for denying parole to inmates who haveserved the fixed term of their sentences;

(7) The adequacy and use of correctional resources dedicatedto providing rehabilitative programs;

(8) The adequacy and use of sentencing alternatives,including those that are community-based and those availablestatewide;

(9) The resources available at the county level to address andintervene at the misdemeanor offense level;

(10) Research demonstrating policies and practices that reducerecidivism.

BE IT FURTHER RESOLVED that the task force shall relyon data obtained from the Idaho State Police, the AttorneyGeneral, county prosecutor offices, the Department ofCorrection, the Idaho Supreme Court and the district courts. Thetask force is authorized to consult with universities and otherorganizations for research assistance in collecting and analyzinginformation on all aspects of criminal sentencing in Idaho.

BE IT FURTHER RESOLVED that the task force shallreport its findings and recommendations, including remedies forany deficiencies found by the task force, to the Governor, theLegislature and the Idaho Supreme Court by January 1, 2006.

HOUSE CONCURRENT RESOLUTION NO. 43 BY BUSINESS COMMITTEE


REJECTING CERTAIN RULES OF THE IDAHO BOARD OFREGISTRATION OF PROFESSIONAL ENGINEERS ANDPROFESSIONAL LAND SURVEYORS.


WHEREAS, the Legislature is vested with authority to rejectexecutive agency rules under the provisions of Section 67-5291,Idaho Code, in the event that the Legislature finds that the rulesare not consistent with legislative intent; and

WHEREAS, it is the finding of the Legislature that certainrules of the Idaho Board of Registration of Professional Engineersand Professional Land Surveyors relating to professionalresponsibility are not consistent with legislative intent and shouldbe rejected.

NOW, THEREFORE, BE IT RESOLVED by the membersof the Second Regular Session of the Fifty-seventh IdahoLegislature, the House of Representatives and the Senateconcurring therein, that IDAPA 10.01.02, rules of the Idaho

Board of Registration of Professional Engineers and ProfessionalLand Surveyors relating to professional responsibility, the entirerulemaking docket, adopted as pending rules under DocketNumber 10-0102-0301, be, and the same are hereby rejected anddeclared null, void and of no force and effect.



P RO V I D IN G T H A T T H E D E P A RT M E N T OFADMINISTRATION, UPON APPROPRIATION OF ITSBUDGET REQUEST RELATED TO THE BORAH POSTOFFICE, SHOULD TAKE THE NECESSARY STEPS TOFACILITATE AND COMPLETE THE ACQUISITION OFTHE BORAH POST OFFICE IN THE NAME OF THE STATEOF IDAHO AND MAKE IT AVAILABLE FOR THE USE OFTHE STATE.


WHEREAS, real property located at 304 North 8th Street,and commonly known as the Borah Post Office, is currentlyavailable to the state of Idaho, without monetary consideration,through the United States as federal surplus property for usepursuant to Section 203(k)(3) of the Federal Property andAdministrative Services Act of 1949, as amended(40 U.S.C. 484(k)(3)), and in accordance with the rules andregulations of the United States Department of the Interior; and

WHEREAS, the property is comprised of approximately1.40 acres with a four-story building, plus basement, and consistsof approximately 79,879 square feet (64,472 net rentable squarefeet) and 34 total parking spaces; and

WHEREAS, the Department of Administration has submittedthe required application papers to acquire the property and hasspecifically conditioned such application on the approval of theLegislature of the acquisition, specifically the appropriationrequired for operation, maintenance and repair; and

WHEREAS, if acquired, it is anticipated that the state couldrelocate state agencies into the Borah Post Office, both in thecurrently available space (approximately 26,400 square feet) andas current leases expire and would eventually utilize most of thespace in the Borah Post Office for the functions of governmentand to meet the state' s office space needs; and

WHEREAS, the state' s long-term space needs would beefficiently and cost-effectively served by the availability of theBorah Post Office.

NOW, THEREFORE, BE IT RESOLVED by the membersof the Second Regular Session of the Fifty-seventh IdahoLegislature, the House of Representatives and the Senateconcurring therein, that the Department of Administration, uponappropriation of its budget request related to the Borah PostOffice, should take the necessary steps to facilitate and completethe acquisition of the Borah Post Office in the name of the stateof Idaho and make it available for the use of the state.

HCR 42, HCR 43, and HCR 44 were introduced, read thefirst time by title, and referred to the Judiciary, Rules, andAdministration Committee for printing.




COMMITTEE AN ACT

RELATING TO PARTIES TO ACTIONS; AMENDINGCHAPTER 3, TITLE 5, IDAHO CODE, BY THE ADDITIONOF A NEW SECTION 5-341, IDAHO CODE, TO PROVIDE ACAUSE OF ACTION FOR THE RECOVERY OF DAMAGESAGAINST PERSONS OR ENTITIES THAT PRODUCE FALSEOR MISLEADING INFORMATION, EITHER DURINGSWORN TESTIMONY OR TO A FACT-FINDER ORGOVERNMENTAL ENTITY, THAT RESULTS IN INJURYTO A PERSON; AND DECLARING AN EMERGENCY.


COMMITTEE AN ACT

RELATING TO NONPROBATE TRANSFERS FROMDECEDENT'S ESTATE; AMENDING SECTION 15-6-107,IDAHO CODE, TO SPECIFY PROCEDURE TO GOVERNS E T T L E M E N T O F C L A I M S A G A I N S T ANONTESTAMENTARY TRUST, PROVIDING TIME FORCLAIMS TO BE PRESENTE D, MANNER O FPRESENTATION AND EFFECT OF PRESENTATION.


COMMITTEE AN ACT

RELATING TO DOGS; AMENDING SECTION 25-2805,IDAHO CODE, TO PROVIDE THAT A DOG THAT INJURESANY LIVESTOCK, POULTRY, DOMESTICATED ANIMALSOR ANIMALS KEPT IN CAPTIVITY FOR COMMERCIALPURPOSES THAT ARE NOT TRESPASSING IS VICIOUS,TO EXCLUDE WORKING DOGS AND TO PROVIDE THATTHE COURT MAY ORDER THAT A VICIOUS DOG BEDESTROYED UPON A FIRST VIOLATION.


COMMITTEE AN ACT

RELATING TO THREATS OF VIOLENCE; AMENDINGCHAPTER 33, TITLE 18, IDAHO CODE, BY THEADDITION OF A NEW SECTION 18-3302H, IDAHO CODE,TO PROVIDE THAT ANY PERSON WHO WILLFULLYTHREATENS TO COMMIT AN ACT OF VIOLENCE ONSCHOOL GROUNDS BY USE OF A FIREARM, EXPLOSIVE,OR DEADLY OR DANGEROUS WEAPON IS GUILTY OF AMISDEMEANOR.


COMMITTEE AN ACT

RELATING TO THE CRIME OF STALKING;AMENDING SECTION 18-920, IDAHO CODE, TO PROVIDEA CODE REFERENCE; REPEALING SECTION 18-7905,IDAHO CODE, RELATING TO STALKING; AMENDING

CHAPTER 79, TITLE 18, IDAHO CODE, BY THEADDITION OF A NEW SECTION 18-7905, IDAHO CODE,TO PROVIDE FOR THE CRIME OF STALKING IN THEFIRST DEGREE, TO DEFINE TERMS AND TO SET FORTHPUNISHMENT; AMENDING CHAPTER 79, TITLE 18,IDAHO CODE, BY THE ADDITION OF A NEW SECTION18-7906, IDAHO CODE, TO PROVIDE FOR STALKING INTHE SECOND DEGREE, TO DEFINE TERMS AND TO SETFORTH PUNISHMENT; AND AMENDING SECTION 19-603,IDAHO CODE, TO PROVIDE A CODE REFERENCE ANDDESCRIPTIVE LANGUAGE.


AN ACTRELATING TO THE DEPARTMENT OF LANDS;

AMENDING SECTION 58-122, IDAHO CODE, TO REVISEPROCEDURES RELATING TO THE DUTY OF THEDIRECTOR IN CONTESTED CASES, TO PROVIDE THATCERTAIN ACTIONS BY THE STATE BOARD OF LANDCOMMISSIONERS RELATING TO THE DIRECTION,CONTROL OR DISPOSITION OF PUBLIC LANDS SHALLNOT BE CONSIDERED TO BE CONTESTED CASES ANDTO PROVIDE FOR EXCEPTIONS.


AN ACTRELATING TO THE FOREST PRACTICES ADVISORY

COMMITTEE; AMENDING SECTION 38-1305, IDAHOCODE, TO INCREASE MEMBERSHIP OF THECOMMITTEE FROM EIGHT MEMBERS TO NINE, TOCLARIFY MEMBERSHIP OF THE COMMITTEE, TOPROVIDE THAT ONE MEMBER SHALL BE ANONINDUSTRIAL FOREST LANDOWNER AND ONEMEMBER SHALL BE AN AT-LARGE MEMBER, AND TOMAKE TECHNICAL CORRECTIONS.


AN ACTRELATING TO CORPORATIONS; AMENDING

SECTION 30-1-120, IDAHO CODE, TO REVISEDESCRIPTIVE LANGUAGE AND TO PROVIDE THATCERTAIN PROVISIONS APPLY WHEN THE TERMS OF APLAN OR FILED DOCUMENT ARE PERMITTED TO BED E P E N D E N T U P O N F A C T S O BJ E C T IV E L YASCERTAINABLE OUTSIDE THE PLAN OR FILEDDOCUMENT; AMENDING SECTION 30-1-140, IDAHOCODE, TO REVISE DEFINITIONS; AMENDING SECTION30-1-202, IDAHO CODE, TO PROVIDE THAT PROVISIONSOF THE ARTICLES OF INCORPORATION MAY BE MADED E P E N D E N T U P O N F A C T S O B J E C T I V E L YASCERTAINABLE OUTSIDE THE ARTICLES OFINCORPORATION; AMENDING SECTION 30-1-601, IDAHOCODE, TO REVISE PROVISIONS APPLICABLE TOAUTHORIZED SHARES; AMENDING SECTION 30-1-602,IDAHO CODE, TO PROVIDE THAT THE BOARD OFDIRECTORS MAY TAKE CERTAIN ACTIONS RELATEDTO THE CLASSIFICATION OR RECLASSIFICATION OFSHARES WITHOUT SHAREHOLDER APPROVAL IF


PERMITTED BY THE ARTICLES OF INCORPORATION, TOREQUIRE THE BOARD TO DETERMINE THE TERMS ASPROVIDED BY STATUTE, TO REMOVE LANGUAGEREQUIRING EACH SERIES TO BE GIVEN ADISTINGUISHING DESIGNATION, TO REMOVELANGUAGE PROVIDING THAT ALL SHARES OF ASERIES MUST HAVE CERTAIN TERMS IDENTICAL WITHTHOSE OF OTHER SHARES AND OTHER SERIES AND TOREVISE REQUIREMENTS RELATING TO REQUIREDTERMS FOR FILING ARTICLES OF AMENDMENT;AMENDING SECTION 30-1-621, IDAHO CODE, TOPROVIDE THAT THE ISSUANCE OF SHARES ANDCERTAIN OTHER SECURITIES REQUIRES SHAREHOLDERAPPROVAL IN CERTAIN CIRCUMSTANCES, TO SETFORTH REQUIREMENTS FOR THE VOTING POWER OFSHARES AND TO PROVIDE THAT A SERIES OFTRANSACTIONS IS INTEGRATED UNDER CERTAINCONDITIONS; AMENDING SECTION 30-1-624, IDAHOCODE, TO REVISE PROVISIONS APPLICABLE TO SHAREOPTIONS; AMENDING SECTION 30-1-631, IDAHO CODE,TO PROVIDE A CODE REFERENCE, TO REMOVELANGUAGE STATING THAT THE BOARD MAY ADOPTARTICLES OF AMENDMENT WITHOUT SHAREHOLDERAPPROVAL AND TO REMOVE LANGUAGE SETTINGFORTH REQUIREMENTS FOR ARTICLES; AMENDINGSECTION 30-1-640, IDAHO CODE, TO PROVIDE THATTHE SECTION DOES NOT APPLY TO CERTAINDISTRIBUTIONS IN LIQUIDATION; AMENDING SECTION30-1-702, IDAHO CODE, TO PROVIDE THAT THEARTICLES OF INCORPORATION MAY FIX A LOWER ORHIGHER PERCENTAGE OF VOTES RELATED TO SPECIALMEETINGS OF SHAREHOLDERS AND TO PROVIDE THATUNLESS OTHERWISE PROVIDED IN THE ARTICLES AWRITTEN DEMAND FOR A SPECIAL MEETING MAY BEREVOKED BY A WRITING; AMENDING SECTION30-1-704, IDAHO CODE, TO REQUIRE THAT WRITTENCONSENTS BEAR A DATED SIGNATURE, TO PROVIDETHAT A WRITTEN CONSENT SHALL NOT BE EFFECTIVEUNLESS WRITTEN CONSENTS SIGNED BY ALLSHAREHOLDERS ENTITLED TO VOTE ARE RECEIVEDBY THE CORPORATION WITHIN A STATED TIMEPERIOD AND TO PROVIDE THAT A WRITTEN CONSENTMAY BE REVOKED BY A WRITING; AMENDING PART 7,CHAPTER 1, TITLE 30, IDAHO CODE, BY THE ADDITIONOF A NEW SECTION 30-1-708, IDAHO CODE, TOPROVIDE FOR THE CONDUCT OF MEETINGS;AMENDING SECTION 30-1-722, IDAHO CODE, TO REVISEPROVISIONS APPLICABLE TO PROXIES; AMENDINGSECTION 30-1-724, IDAHO CODE, TO PROVIDE CODEREFERENCES; AMENDING PART 7, CHAPTER 1, TITLE30, IDAHO CODE, BY THE ADDITION OF A NEWSECTION 30-1-729, IDAHO CODE, TO PROVIDE FORINSPECTORS OF ELECTIONS; AMENDING SECTION30-1-801, IDAHO CODE, TO PROVIDE CLARIFYINGLANGUAGE; AMENDING SECTION 30-1-803, IDAHOCODE, TO PROVIDE THAT THE NUMBER OF DIRECTORSMAY BE INCREASED OR DECREASED BY AMENDMENTTO OR AS PROVIDED IN THE ARTICLES OFINCORPORATION OR BYLAWS AND TO REMOVE OTHERLANGUAGE REFERRING TO THE NUMBER OFDIRECTORS; AMENDING SECTION 30-1-806, IDAHOCODE, TO REMOVE LANGUAGE REFERENCING NINE ORMORE DIRECTORS AND TO PROVIDE THAT THEARTICLES OF INCORPORATION MAY PROVIDE FOR

STAGGERING THE TERMS OF DIRECTORS; AMENDINGSECTION 30-1-809, IDAHO CODE, TO REVISEPROVISIONS APPLICABLE TO THE REMOVAL OFDIRECTORS BY JUDICIAL PROCEEDING; AMENDINGSECTION 30-1-821, IDAHO CODE, TO REVISEPROVISIONS APPLICABLE TO ACTIONS TAKENWITHOUT A MEETING OF THE BOARD OF DIRECTORS;AMENDING SECTION 30-1-825, IDAHO CODE, TO REVISEPROVISIONS APPLICABLE TO COMMITTEES CREATEDBY THE BOARD OF DIRECTORS; AMENDING SECTION30-1-830, IDAHO CODE, TO REVISE STANDARDSAPPLICABLE TO MEMBERS OF THE BOARD OFDIRECTORS; AMENDING PART 8, CHAPTER 1, TITLE 30,IDAHO CODE, BY THE ADDITION OF A NEW SECTION30-1-831, IDAHO CODE, TO SET FORTH STANDARDS OFLIABILITY FOR DIRECTORS; AMENDING SECTION30-1-833, IDAHO CODE, TO REVISE PROVISIONSAPPLICABLE TO THE LIABILITY OF DIRECTORS FORUNLAWFUL DISTRIBUTIONS; AMENDING SECTION30-1-840, IDAHO CODE, TO PROVIDE THAT ACORPORATION HAS THE OFFICES DESCRIBED IN THEBYLAWS OR DESIGNATED BY THE BOARD, TO PROVIDETHAT THE BOARD MAY ELECT INDIVIDUALS TO FILLOFFICES OF THE CORPORATION AND TO PROVIDETHAT THE BYLAWS OR BOARD SHALL ASSIGN TO ANOFFICER THE RESPONSIBILITY FOR PREPARING THEMINUTES OF MEETINGS AND MAINTAINING ANDAUTHENTICAT I N G T H E R E CO R D S O F T HECORPORATION; AMENDING SECTION 30-1-842, IDAHOCODE, TO REVISE PROVISIONS APPLICABLE TO THESTANDARDS OF CONDUCT FOR OFFICERS OF ACORPORATION; AMENDING SECTION 30-1-843, IDAHOCODE, TO REVISE TERMINOLOGY, TO PROVIDE THATTHE BOARD OR APPOINTING OFFICER MAY FILL APENDING VACANCY IN CERTAIN SITUATIONS AND SETFORTH WHO MAY REMOVE AN OFFICER WITH ORWITHOUT CAUSE; AMENDING SECTION 30-1-858, IDAHOCODE, TO PROVIDE A CORRECT CODE REFERENCE;AMENDING CHAPTER 1, TITLE 30, IDAHO CODE, BYTHE ADDITION OF A NEW PART 9, CHAPTER 1, TITLE30, IDAHO CODE, TO PROVIDE FOR EXCLUDEDTRANSACTIONS, TO REQUIRE PRIOR APPROVAL FORCERTAIN TRANSACTIONS, TO PROVIDE FORDOMESTICATION, TO PROVIDE FOR ARTICLES OFDOMESTICATION AND TO PROVIDE FOR THE EFFECTOF DOMESTICATION; AMENDING SECTION 30-1-1001,IDAHO CODE, TO REVISE LANGUAGE APPLICABLE TOTHE AUTHORITY OF A CORPORATION TO AMEND ITSARTICLES OF INCORPORATION; AMENDING SECTION30-1-1002, IDAHO CODE, TO REDESIGNATE THESECTION AND TO REVISE PROVISIONS APPLICABLE TOTHE AMENDMENT OF ARTICLES OF INCORPORATIONBY THE BOARD WITHOUT SHAREHOLDER APPROVAL;AMENDING SECTION 30-1-1003, IDAHO CODE, TOREVISE PROVISIONS APPLICABLE TO THE ADOPTIONOF AN AMENDMENT TO THE ARTICLES OFINCORPORATION WHERE A CORPORATION HAS ISSUEDSHARES; AMENDING SECTION 30-1-1004, IDAHO CODE,TO PROVIDE THAT EXCEPT AS OTHERWISE PROVIDEDIN THE ARTICLES OF INCORPORATION THE VOTINGAND NONVOTING HOLDERS OF THE OUTSTANDINGSHARES OF A CLASS ARE ENTITLED TO VOTE AS ASEPARATE VOTING GROUP ON A PROPOSEDAMENDMENT TO THE ARTICLES OF INCORPORATION


UNDER CERTAI N CONDITIONS, TO REVISETERMINOLOGY, TO PROVIDE CLARIFYING LANGUAGE,TO PROVIDE THAT UNDER CERTAIN CONDITIONS THEHOLDERS OF SHARES MUST VOTE AS A SINGLEVOTING GROUP UNLESS OTHERWISE PROVIDED IN THEARTICLES OF INCORPORATION OR UNLESS OTHERWISEREQUIRED BY THE BOARD AND TO REMOVELANGUAGE PROVIDING THAT A CLASS OR SERIES OFSHARES HAS CERTAIN VOTING RIGHTS; AMENDINGSECTION 30-1-1005, IDAHO CODE, TO REDESIGNATETHE SECTION AND TO PROVIDE THAT THE BOARD OFDIRECT ORS OF A CORPORA T I O N OR ITSINCORPORATORS IF IT HAS NO BOARD MAY ADOPTAMENDMENTS TO THE ARTICLES OF INCORPORATION;AMENDING SECTION 30-1-1006, IDAHO CODE, TOREVISE PROVISIONS APPLICABLE TO ARTICLES OFAMENDMENT; AMENDING SECTION 30-1-1007, IDAHOCODE, TO REVISE PROVISIONS APPLICABLE TORESTATED ARTICLES OF INCORPORATION; AMENDINGSECTION 30-1-1008, IDAHO CODE, TO PROVIDE THATARTICLES OF INCORPORATION MAY BE AMENDEDWITHOUT BOARD OR SHAREHOLDER ACTION TOCARRY OUT A PLAN OF REORGANIZATION ORDEREDOR DECREED BY A COURT UNDER THE AUTHORITY OFFEDERAL LAW AND TO REMOVE LANGUAGEPROVIDING THAT SHAREHOLDERS OF A CORPORATIONUNDERGOING REORGANIZATION DO NOT HAVEDISSENTERS' RIGHTS EXCEPT AS PROVIDED IN THEREORGANIZATION PLAN; AMENDING SECTION30-1-1009, IDAHO CODE, TO MAKE A GRAMMATICALCHANGE; AMENDING SECTION 30-1-1020, IDAHO CODE,TO REVISE PROVISIONS APPLICABLE TO AMENDMENTOF BYLAWS BY THE BOARD OF DIRECTORS ORSHAREHOLDERS; REPEALING SECTION 30-1-1021,IDAHO CODE, RELATING TO BYLAWS THAT INCREASEQUORUM OR VOTING REQUIREMENTS; AMENDINGSECTION 30-1-1022, IDAHO CODE, TO REDESIGNATETHE SECTION AND TO REVISE PROVISIONSAPPLICABLE TO BYLAWS THAT INCREASE QUORUM ORVOTING REQUIREMENTS FOR DIRECTORS; AMENDINGPART 11, CHAPTER 1, TITLE 30, IDAHO CODE, BY THEADDITION OF A NEW SECTION 30-1-1101, IDAHO CODE,TO DEFINE TERMS; AMENDING SECTION 30-1-1101,IDAHO CODE, TO REDESIGNATE THE SECTION AND TOREVISE PROVISIONS APPLICABLE TO MERGERS;AMENDING SECTION 30-1-1102, IDAHO CODE, TOREDESIGNATE THE SECTION AND TO REVISEPROVISIONS APPLICABLE TO SHARE EXCHANGES;AMENDING SECTION 30-1-1103, IDAHO CODE, TOREDESIGNATE THE SECTION AND TO REVISEPROVISIONS APPLICABLE TO ACTIONS ON A PLAN,MERGER OR SHARE EXCHANGE; AMENDING SECTION30-1-1104, IDAHO CODE, TO REDESIGNATE THESECTION AND TO REVISE PROVISIONS APPLICABLE TOMERGERS BETWEEN PARENTS AND SUBSIDIARIES ORBETWEEN SUBSIDIARIES; AMENDING SECTION30-1-1105, IDAHO CODE, TO REDESIGNATE THESECTION AND TO REVISE PROVISIONS APPLICABLE TOARTICLES OF MERGER OR SHARE EXCHANGE;AMENDING SECTION 30-1-1106, IDAHO CODE, TOREDESIGNATE THE SECTION AND TO REVISEPROVISIONS APPLICABLE TO THE EFFECT OF AMERGER OR SHARE EXCHANGE; REPEALING SECTION30-1-1107, IDAHO CODE, RELATING TO MERGERS OR

SHARE EXCHANGES WITH FOREIGN CORPORATIONS;AMENDING PART 11, CHAPTER 1, TITLE 30, IDAHOCODE, BY THE ADDITION OF A NEW SECTION 30-1-1108,IDAHO CODE, TO PROVIDE FOR THE ABANDONMENTOF A MERGER OR SHARE EXCHANGE; AMENDING THEHEADING FOR PART 12, CHAPTER 1, TITLE 30, IDAHOCODE; AMENDING SECTION 30-1-1201, IDAHO CODE, TOPROVIDE FOR THE DISPOSITION OF ASSETS NOTREQUIRING SHAREHOLDER APPROVAL AND TOREMOVE LANGUAGE REFERENCING THE SALE IN THEREGULAR COURSE OF BUSINESS AND MORTGAGE OFASSETS; AMENDING SECTION 30-1-1202, IDAHO CODE,TO REMOVE LANGUAGE PROVIDING FOR THE SALE OFASSETS OTHER THAN IN THE REGULAR COURSE OFBUSINESS AND TO PROVIDE FOR SHAREHOLDERAPPROVAL OF CERTAIN DISPOSITIONS; AMENDINGTHE HEADING FOR PART 13, CHAPTER 1, TITLE 30,IDAHO CODE; AMENDING SECTION 30-1-1301, IDAHOCODE, TO ADD, REVISE AND REMOVE DEFINITIONS;AMENDING SECTION 30-1-1302, IDAHO CODE, TOR E V I S E P R O V I S I O N S AP P L I C A B L E T O ASHAREHOLDER' S RIGHT TO APPRAISAL; AMENDINGSECTION 30-1-1303, IDAHO CODE, TO REVISEPROVISIONS APPLICABLE TO THE ASSERTION OFRIGHTS BY NOMINEES AND BENEFICIAL OWNERS;AMENDING SECTION 30-1-1320, IDAHO CODE, TOREVISE PROVISIONS APPLICABLE TO THE NOTICE OFAPPRAISAL RIGHTS; AMENDING SECTION 30-1-1321,IDAHO CODE, TO PROVIDE THAT IF A PROPOSEDCORPORATION ACTION REQUIRING APPRAISAL RIGHTSIS SUBMITTED TO A VOTE AT A SHAREHOLDERS'MEETING A SHAREHOLDER WHO WISHES TO ASSERTAPPRAISAL RIGHTS WITH RESPECT TO ANY CLASS ORSERIES OF SHARES MUST FOLLOW CERTAINCONDITIONS AND TO REMOVE L ANGUAGEREFERENCING A SHAREHOLDER' S SHARES; AMENDINGSECTION 30-1-1322, IDAHO CODE, TO REVISEPROVISIONS APPLICABLE TO APPRAISAL NOTICES ANDFORMS; AMENDING SECTION 30-1-1323, IDAHO CODE,TO REMOVE LANGUAGE REFERRING TO THE DUTY TODEMAND PAYMENT AND TO PROVIDE FOR THEPERFECTION OF RIGHTS AND THE RIGHT TOWITHDRAWAL FROM THE APPRAISAL PROCESS;REPEALING SECTION 30-1-1324, IDAHO CODE,RELATING TO SHARE RESTRICTIONS; AMENDINGSECTION 30-1-1325, IDAHO CODE, TO REDESIGNATETHE SECTION AND TO REVISE PROVISIONSAPPLICABLE TO PAYMENT; REPEALING SECTION30-1-1326, IDAHO CODE, RELATING TO ACORPORATION' S FAILURE TO TAKE ACTION;AMENDING SECTION 30-1-1327, IDAHO CODE, TOREDESIGNATE THE SECTION AND TO REVISEPROVISIONS APPLICABLE TO AFTER-ACQUIREDSHARES; AMENDING SECTION 30-1-1328, IDAHO CODE,TO REDESIGNATE THE SECTION AND TO REVISEPROVISIONS APPLICABLE TO PROCEDURES WHERE ASHAREHOLDER IS DISSATISFIED WITH A PAYMENT OROFFER; AMENDING SECTION 30-1-1330, IDAHO CODE,TO REVISE PROVISIONS APPLICABLE TO COURTACTIONS FOR UNSETTLED PAYMENTS; AMENDINGSECTION 30-1-1331, IDAHO CODE, TO REVISEPROVISIONS APPLICABLE TO COURT COSTS ANDCOUNSEL FEES IN APPRAISAL PROCEEDINGS;AMENDING SECTION 30-1-1402, IDAHO CODE, TO


REMOVE A CODE REFERENCE AND TO PROVIDE THATUNLESS THE ARTICLES OF INCORPORATION OR BOARDOF DIRECTORS REQUIRE A GREATER VOTE, AGREATER NUMBER OF SHARES TO BE PRESENT OR AVOTE BY VOTING GROUPS, ADOPTION OF A PROPOSALT O D I SS OL V E R EQ U I RE S AP P R O VA L OFSHAREHOLDERS AT A MEETING AT WHICH A QUORUMCONSISTING OF AT LEAST A MAJORITY OF ENTITLEDVOTES EXISTS; AMENDING SECTION 30-1-1403, IDAHOCODE, TO REVISE PROVISIONS APPLICABLE TOARTICLES OF DISSOLUTION; AMENDING SECTION30-1-1404, IDAHO CODE, TO REMOVE A CODEREFERENCE; AMENDING SECTION 30-1-1406, IDAHOCODE, TO PROVIDE THAT A DISSOLVED CORPORATIONMAY DISPOSE OF THE KNOWN CLAIMS AGAINST IT BYNOTIFYING ITS KNOWN CLAIMANTS IN WRITING OFTHE DISSOLUTION AT ANY TIME AFTER ITS EFFECTIVEDATE; AMENDING SECTION 30-1-1407, IDAHO CODE,TO REVISE PROVISIONS APPLICABLE TO OTHERCLAIMS AGAINST A DISSOLVED CORPORATION;AMENDING PART 14, CHAPTER 1, TITLE 30, IDAHOCODE, BY THE ADDITION OF A NEW SECTION 30-1-1408,IDAHO CODE, TO PROVIDE FOR COURT PROCEEDINGS;AMENDING PART 14, CHAPTER 1, TITLE 30, IDAHOCODE, BY THE ADDITION OF A NEW SECTION 30-1-1409,IDAHO CODE, TO SET FORTH DIRECTOR DUTIES;AMENDING SECTION 30-1-1601, IDAHO CODE, TOREVISE THE RECORDS A CORPORATION MUST KEEP ATITS PRINCIPAL OFFICE; AMENDING SECTION 30-1-1603,IDAHO CODE, TO MAKE A GRAMMATICAL CHANGE, TOREMOVE A REFERENCE TO PHOTOGRAPHIC COPIES, TOPROVIDE FOR THE RIGHT TO RECEIVE COPIESTHROUGH AN ELECTRONIC TRANSMISSION IFAVAILABLE AND REQUESTED, TO PROVIDE THAT ACORPORATION MAY COMPLY WITH A SHAREHOLDER' SDEMAND FOR RECORD INSPECTION AT THECORPORATION' S EXPENSE AND TO PROVIDE AREFERENCE TO THE TRANSMISSION OF RECORDS;AMENDING PART 16, CHAPTER 1, TITLE 30, IDAHOCODE, BY THE ADDITION OF A NEW SECTION 30-1-1605,IDAHO CODE, TO PROVIDE FOR THE INSPECTION OFRECORDS BY DIRECTORS; AND AMENDING PART 16,CHAPTER 1, TITLE 30, IDAHO CODE, BY THE ADDITIONOF A NEW SECTION 30-1-1606, IDAHO CODE, TOPROVIDE FOR EXCEPTIONS TO THE NOTICEREQUIREMENT.



JOURNEYMEN; AMENDING SECTION 54-1001, IDAHOCODE, TO PROVIDE THE SCOPE OF THE CHAPTER ANDTO PROVIDE EXEMPTIONS FROM THE PROVISIONS OFTHE CHAPTER; AMENDING SECTION 54-1002, IDAHOCODE, TO PROVIDE EXEMPTIONS FROM LICENSURE;AMENDING SECTION 54-1003A, IDAHO CODE, TODELETE REFERENCES TO A REPEALED LAW, TODELETE THE DEFINITION OF "MAINTENANCEELECTRICIAN," AND TO DEFINE "ELECTRICALMAINTENANCE," "ELECTRIC UTILITY" AND "OTHERTERMS NOT DEFINED"; AND REPEALING SECTION54-1016, IDAHO CODE.


AN ACTRELATING TO WORKER' S COMPENSATION

PROCEDURES; AMENDING SECTION 72-706, IDAHOCODE, TO PROVIDE A STATUTE OF LIMITATIONS ONMEDICAL BENE FI TS IN DENIE D WORKER' SCOMPENSATION CLAIMS.


AN ACTRELATING TO WORKER' S COMPENSATION

BENEFITS; AMENDING SECTION 72-424, IDAHO CODE,TO PROVIDE THAT EVALUATIONS OF PERMANENTIMPAIRMENT SHALL ONLY BE MADE BY A QUALIFIEDPHYSICIAN.


AN ACTRELATING TO INSURANCE; AMENDING CHAPTER

18, TITLE 41, IDAHO CODE, BY THE ADDITION OF ANEW SECTION 41-1846, IDAHO CODE, TO SET FORTHREQUIREMENTS FOR INSURERS OFFERING HEALTHCARE POLICIES THAT DO NOT MEET THE DEFINITIONOF MANAGED CARE PLANS AND TO PROVIDE THATHEALTH CARE PROVIDERS SHALL NOT REQUIREINSUREDS TO MAKE ADDITIONAL PAYMENTS FORCOVERED SERVICES UNDER CERTAIN PLANS OTHERTHAN SPECIFIED DEDUCTIBLES, COPAYMENTS ORCOINSURANCE ONCE THE PROVIDER AGREES INWRITING TO ACCEPT THE INSURER' S REIMBURSEMENTRATE; AND AMENDING SECTION 41-3903, IDAHO CODE,TO REVISE THE DEFINITION FOR "MANAGED CAREPLAN."

H 664, H 665, H 666, H 667, H 668, H 669, H 670, H 671,H 672, H 673, H 674, and H 675 were introduced, read the firsttime by title, and referred to the Judiciary, Rules, andAdministration Committee for printing.

S 1237, by Judiciary and Rules Committee, was introduced,read the first time by title, and referred to the Judiciary, Rules,and Administration Committee.

S 1238 and S 1253, by State Affairs Committee, wereintroduced, read the first time by title, and referred to the StateAffairs Committee.






S 1222 and S 1223, by Local Government and TaxationCommittee, were read the second time by title and filed for thirdreading.

H 549, by Agricultural Affairs Committee, was read thesecond time by title and filed for third reading.

HJM 15, by Transportation and Defense Committee, wasread the second time by title and filed for third reading.

H 611, by Environmental Affairs Committee, was read thesecond time by title and filed for third reading.

H 627, by Health and Welfare Committee, was read thesecond time by title and filed for third reading.

H 624, H 596, and H 608, by State Affairs Committee, wereread the second time by title and filed for third reading.

S 1214, by State Affairs Committee, was read the secondtime by title and filed for third reading.




Adjournment

Mr. Denney moved that the House adjourn until 11 a.m. ,Friday, February 13, 2004. Seconded by Ms. Jaquet. Motioncarried.




THIRTY-THIRD LEGISLATIVE DAYFRIDAY, FEBRUARY 13, 2004



Roll call showed 67 members present.Absent and excused -- Clark, Lake, Sali. Total -- 3.Total -- 70.


The Pledge of Allegiance was led by Spencer Black, Page.

Approval of Journal


We, your COMMITTEE ON JUDICIARY, RULES, ANDADMINISTRATION, report that we have read and approved theHouse Journal of the Thirty-second Legislative Day andrecommend that same be adopted as corrected.

FIELD(18), Chairman




I transmit herewith enrolled SCR 119 for the signature of theSpeaker.

WOOD, Secretary

The Speaker announced he was about to sign enrolledSCR 119 and, when so signed, ordered it returned to the Senate.


I transmit herewith SJM 105 which has passed the Senate.WOOD, Secretary

SJM 105 was filed for first reading.



We, your COMMITTEE ON JUDICIARY, RULES, ANDADMINISTRATION report that we have printed HCR 42,HCR 43, HCR 44, H 664, H 665, H 666, H 667, H 668,H 669, H 670, H 671, H 672, H 673, H 674, and H 675.

FIELD(18), Chairman

HCR 42, H 664, H 665, H 666, H 667, and H 668 werereferred to the Judiciary, Rules, and Administration Committee.

HCR 44 was referred to the State Affairs Committee.


H 671, H 672, H 673, H 674, and H 675 were referred tothe Business Committee.




FIELD(18), Chairman



We, your COMMITTEE ON JUDICIARY, RULES, ANDADMINISTRATION, report that we have transmitted enrolledHCR 36 to the Secretary of State at 1:35 p.m., as of this date,February 12, 2004.

FIELD(18), Chairman


We, your COMMITTEE ON HEALTH AND WELFARE,report that we have had under consideration H 579 and report itback with amendments attached to be placed on General Ordersfor consideration. SALI, Chairman




HOUSE CONCURRENT RESOLUTION NO. 45 BY TRANSPORTATION AND DEFENSE COMMITTEE


URGING SUPPORT OF THE IDAHO EMPLOYER SUPPORTOF THE GUARD AND RESERVE.


WHEREAS, Americans understand and deeply appreciate thestrategic and military value of our National Guard and Reservewhich comprise approximately forty-six percent of our totalavailable military manpower; and

WHEREAS, since September 11, 2001, more than 309,000National Guard and Reserve personnel have been mobilized forthe war on terrorism, some for one to two years; and

WHEREAS, Idaho National Guard and Reserve personnelwork for public agencies and private businesses; and

WHEREAS, public and private employers of America' sNational Guard and Reserve members have become inextricablylinked to a strong national defense; and

WHEREAS, the United States Department of Defensechartered the National Committee for Employer Support of theGuard and Reserve (ESGR) in 1972 to promote both public andprivate employer understanding of the National Guard andReserve in order to gain employer and community supportthrough programs and personnel policies and practices thatencourage employee and citizen participation in National Guardand Reserve programs; and

WHEREAS, today, nearly 4,500 volunteer executives, seniorgovernment representatives, educators, and military personnelserve on local ESGR committees and conduct employer supportprograms, including Bosslifts, Briefings with the Boss, MissionOne, Ombudsmen Services, and recognition of employers whosepolicies support or encourage participation in the National Guardand Reserve; and

WHEREAS, the Idaho Employer Support of the Guard andReserve promotes the development of a positive relationshipbetween employers and those employees who serve in the guardand reserve, and serves as a resource for information related tothe United States Department of Labor' s Uniformed ServicesEmployment and Reemployment Rights Act.

NOW, THEREFORE, BE IT RESOLVED by the membersof the Second Regular Session of the Fifty-seventh IdahoLegislature, the House of Representatives and the Senateconcurring therein, that we urge renewed and continuing supportof the Idaho Employer Support of the Guard and Reserve.

HOUSE JOINT MEMORIAL NO. 18 BY AGRICULTURAL AFFAIRS COMMITTEE




WHEREAS, the state of Idaho is the second leading producerof sugarbeets in the United States, producing eighteen percent ofthe nation' s market share; and

WHEREAS, the United States is already the world' s fourthlargest sugar-importing nation and has existing World TradeOrganization commitments to import at least 1,250,000 tons offoreign sugar every year, duty free, from forty-one foreignnations including the Central American Free Trade Area(CAFTA) countries; and

WHEREAS, the United States sugar producers are alreadyholding over 700,000 tons of United States sugar off the marketthis year under the marketing allocation system in the U.S. FarmBill in order to properly manage the program, stabilize prices andprevent a glut on the market; and

WHEREAS, the nation' s sugarbeet industry is facing one ofthe gravest threats in its history in the form of the CAFTAagreement, as well as other trade agreements currently undernegotiation, which seek to provide unneeded additional foreignaccess to the United States sugar market; and

WHEREAS, in January 2002, the federal governmentannounced that it was initiating negotiations on a free tradeagreement involving the countries of El Salvador, Guatemala,Honduras and Nicaragua. That negotiation concluded inDecember 2003. The United States is also seeking to includeCosta Rica and the Dominican Republic in the agreement.Congress must now decide whether to ratify CAFTA; and

WHEREAS, CAFTA would allow the Central Americancountries to export over 100, 000 additional tons of sugar to theUnited States, harming the United States sugar industry in theprocess; and

WHEREAS, the United States sugar industry is efficient byworld standards but cannot be expected to compete with theseforeign countries under free trade agreements due to the laborpractices, lack of environmental regulations and subsidizedagricultural production of these foreign countries; and

WHEREAS, concerns over free trade agreements face thesugar industry at a time when the domestic consumption of sugaris declining, forcing domestic sugar producers to store extremelyhigh quantities of sugar; and

WHEREAS, the state of Idaho stands to lose thousands ofjobs and millions of dollars if these free trade agreements areimplemented, potentially devastating the state' s sugarbeetindustry, moving production into other supply-sensitive crops,and severely harming the state' s economy as a whole; and


WHEREAS, the economic impact of any trade agreement onthe states must be recognized and considered to maintain viableeconomic health of agricultural industries, as well as allindustries, with an emphasis on fair trade, rather than free trade;and

WHEREAS, the provisions of CAFTA should be renegotiatedto limit exports from Central American countries to a needs-basedaccess, allowing the United States sugar policy to properlyfunction and fairly treat sugarbeet and cane growers in the UnitedStates.

NOW, THEREFORE, BE IT RESOLVED by the membersof the Second Regular Session of the Fifty-seventh IdahoLegislature, the House of Representatives and the Senateconcurring therein, that in negotiating any national tradeagreements, the federal government is urged to recognize theeconomic impact of such trade agreements on the states andconsider those impacts to maintain viable economic health ofagricultural industries, as well as all industries, with an emphasison fair trade, rather than free trade. The government is furtherurged to renegotiate the provisions of CAFTA to limit sugarexports from the Central American countries to fairly protectsugarbeet and cane growers in the United States.



SJM 105, by State Affairs Committee, was introduced, readthe first time by title, and referred to the Transportation andDefense Committee.



AN ACTRELATING TO HAZARDOUS WASTE; AMENDING

SECTION 49-2202, IDAHO CODE, TO INCREASE THE FEESAPPLICABLE TO THE TRANSPORTATION OFHAZARDOUS WASTE AND TO MAKE TECHNICALCORRECTIONS.


AN ACTRELATING TO THE REGULATION OF FOOD

ESTABLISHMENTS; AMENDING SECTION 39-1602,IDAHO CODE, TO PROVIDE THAT CERTAINAGRICULTU RAL EQUIPMENT SHALL NOT BECONSIDERED FOOD ESTABLISHMENTS AND TO MAKE ATECHNICAL CORRECTION.


AN ACTRELATING TO CROP MANAGEMENT AREAS;

AMENDING SECTION 22-2017, IDAHO CODE, TOPROVIDE FOR PETITIONS FOR THE ESTABLISHMENT OFCROP MANAGEMENT AREAS IN AREAS WHERE FEWERTHAN TWENTY-FIVE REGISTERED ELECTORS RESIDE.


AN ACTRELATING TO AGRICULTURAL COMMODITY

PRODUCER AND DEALER LIENS; AMENDING SECTION45-1802, IDAHO CODE, TO REVISE PROVISIONSRELATING TO CERTAIN LIENS OF AGRICULTURALCOMMODITY PRODUCERS AND AGRICULTURALCOMMODITY DEALERS; AMENDING SECTION 45-1803,IDAHO CODE, TO REVISE PROVISIONS RELATING TOTHE ATTACHMENT OF CERTAIN L IENS OFAGRICULTURAL COMMODITY PRODUCERS ANDAGRICULTURAL C OM MOD IT Y D EAL ERS; ANDAMENDING SECTION 45-1805, IDAHO CODE, TO REVISEPROVISIONS RELATING TO THE PRIORITY OF CERTAINLIENS OF AGRICULTURAL COMMODITY PRODUCERSAND AGRICULTURAL COMMODITY DEALERS.


AN ACTRELATING TO SOIL AND PLANT AMENDMENTS;

AMENDING SECTION 22-2203, IDAHO CODE, TO DEFINEADDITIONAL TERMS; AMENDING CHAPTER 22, TITLE22, IDAHO CODE, BY THE ADDITION OF A NEWSECTION 22-2226, IDAHO CODE, TO PROHIBIT LOCALREGULATION AND LEGISLATION RELATING TO SOILAND PLANT AMENDMENTS AND TO PROVIDE THATLOCAL LEGISLATION RELATING TO SOIL AND PLANTAMENDMENTS IS VOID AND UNENFORCEABLE; ANDAMENDING SECTION 22-2210, IDAHO CODE, TOPROVIDE A CORRECT CODE REFERENCE.


AN ACTRELATING TO COMMERCIAL FERTILIZERS;

AMENDING SECTION 22-603, IDAHO CODE, TO DEFINEADDITIONAL TERMS AND TO MAKE A TECHNICALCORRECTION; AMENDING CHAPTER 6, TITLE 22, IDAHOCODE, BY THE ADDITION OF A NEW SECTION 22-626,IDAHO CODE, TO PROHIBIT LOCAL REGULATION ANDLEGISLATION RELATING TO FERTILIZERS AND TOPROVIDE THAT LOCAL LEGISLATION RELATING TOFERTILIZERS IS VOID AND UNENFORCEABLE; ANDAMENDING SECTION 22-610, IDAHO CODE, TO PROVIDEA CORRECT CODE REFERENCE.


AN ACTRELATING TO BEEF CATTLE FEE DING

OPERATIONS; AMENDING SECTION 22-4902, IDAHOCODE, TO PROVIDE ADDITIONAL LEGISLATIVE INTENTRELATING TO THE BEEF CATTLE ENVIRONMENTAL


CONTROL ACT; AMENDING SECTION 22-4903, IDAHOCODE, TO MAKE TECHNICAL CORRECTIONS;AMENDING SECTION 22-4904, IDAHO CODE, TO DEFINEA TERM, TO REVISE DEFINITIONS AND TO PROVIDECORRECT TERMINOLOGY; AMENDING SECTION22-4906, IDAHO CODE, TO PROVIDE ADDITIONALREQUIREMENTS FOR NUTRIENT MANAGEMENT PLANS;AND AMENDING SECTION 22-4907, IDAHO CODE, TOREVISE AUTHORITY GRANTED TO THE DIRECTOR OFTHE DEPARTMENT OF AGRICULTURE RELATING TOTHE INSPECTION OF BEEF CATTLE FEEDINGOPERATIONS, TO PROVIDE CORRECT TERMINOLOGYAND TO MAKE TECHNICAL CORRECTIONS.


AN ACTRELATING TO THE IDAHO POTATO COMMISSION;

REPEALING SECTION 22-1201, IDAHO CODE; AMENDINGCHAPTER 12, TITLE 22, IDAHO CODE, BY THEADDITION OF A NEW SECTION 22-1201, IDAHO CODE,TO PROVIDE LEGISLATIVE INTENT; AMENDINGSECTION 22-1207, IDAHO CODE, TO REVISE THEPOWERS AND DUTIES OF THE POTATO COMMISSION,TO PROVIDE CORRECT TERMINOLOGY AND TOPROVIDE CORRECT CODE REFERENCES; AMENDINGSECTION 22-1208, IDAHO CODE, TO AUTHORIZE ANDDIRECT THE POTATO COMMISSION TO DISSEMINATECERTAIN INFORMATION RELATING TO COMMODITYFACTS, BENEFITS AND PROMOTION AND TO MAKETECHNICAL CORRECTIONS; AMENDING SECTION22-1213, IDAHO CODE, TO PROVIDE FOR THE DEPOSITOF CERTAIN PENALTIES IN THE GENERAL FUND OFTHE IDAHO POTATO COMMISSION; AMENDINGSECTION 49-417C, IDAHO CODE, TO PROVIDE ACORRECT CODE REFERENCE; AND DECLARING ANEMERGENCY.


AN ACTRELATING TO FUELS TAX CREDITS AND REFUNDS

TO CONSUMERS; AMENDING SECTION 63-2401, IDAHOCODE, TO DEFINE "IDLING" AND TO MAKE ATECHNICAL CORRECTION; AND AMENDING SECTION63-2423, IDAHO CODE, TO PROVIDE THAT NO REFUNDOF SPECIAL FUELS TAX SHALL BE PAID ON SPECIALFUELS USED WHILE IDLING A REGISTERED MOTORVEHICLE.


AN ACTRELATING TO ANNEXATION OF ADJACENT

UNINCORPORATED AREAS BY CITIES; AMENDINGCHAPTER 2, TITLE 50, IDAHO CODE, BY THE ADDITIONOF A NEW SECTION 50-221A, IDAHO CODE, TO REQUIREA CITY TO GIVE NOTICE OF INTENT TO ANNEX, TOHOLD A PUBLIC HEARING AND HOLD AN ELECTION INTHE AFFECTED AREA IF CERTAIN EVENTS OCCUR;REPEALING SECTION 50-222, IDAHO CODE; AMENDINGCHAPTER 2, TITLE 50, IDAHO CODE, BY THE ADDITIONOF A NEW SECTION 50-222, IDAHO CODE, TO PROVIDEFOR ANNEXATION OF ADJACENT TERRITORY BY

CITIES; AMENDING CHAPTER 2, TITLE 50, IDAHOCODE, BY THE ADDITION OF A NEW SECTION 50-222A,IDAHO CODE, TO PROVIDE FOR ANNEXATION OFNONCONTIGUOUS TERRITORY WHICH IS OCCUPIED BYA MUNICIPALLY OWNED OR OPERATED AIRPORT ORLANDING FIELD, WITH LIMITATIONS; DECLARING ANEMERGENCY AND PROVIDING APPLICATION.


AN ACTRELATING TO ORDERS OF THE STATE FIRE

MARSHAL FOR REMEDY OR REMOVAL; AMENDINGSECTION 41-261, IDAHO CODE, TO INCREASE THEPENALTY FOR OWNERS OR OCCUPANTS FAILING TOCOMPLY WITH ORDERS FOR REMEDY OR REMOVAL,TO DESIGNATE THE ENTITIES TO WHICH PENALTIESSHALL BE PAYABLE, TO PROVIDE THAT PENALTIESMAY BE RECOVE RED IN CE RTAIN CIVI LENFORCEMENT ACTIONS UNDER THE DIRECTION OFATTORNEYS FOR FIRE DISTRICTS AND TO PROVIDEFOR THE AWARD AND PAYMENT OF REASONABLEATTORNEY' S FEES AND COSTS.



LANDLORD TENANT ACT; AMENDING SECTION 55-2010,IDAHO CODE, TO PROVIDE CLARIFICATION, TOINCREASE THE NOTICE TIME WHICH MUST BE GIVENBEFORE TERMINATION OF A TENANCY UPONCESSATION OF THE OPERATION AND TO MAKE ATECHNICAL CORRECTION.


AN ACTRELATING TO LOCAL IMPROVEMENT DISTRICTS

AND BUSINESS IMPROVEMENT DISTRICTS; AMENDINGSECTION 50-1706, IDAHO CODE, TO DELETE THEOPTION OF INITIATING A DISTRICT WITH A PETITIONSIGNED BY AT LEAST SIXTY PERCENT OF RESIDENTOWNERS AND TO DELETE THE PROVISION OF LAWWHICH ALLOWS A COUNCIL TO INITIATE THEORGANIZATION OF A DISTRICT; AMENDING SECTION50-1707, IDAHO CODE, TO DELETE REFERENCE TO THEPROVISION OF LAW WHICH ALLOWS INITIATION OF ADISTRICT BY COUNCIL ACTION; AMENDING SECTION50-1709, IDAHO CODE, TO REVISE THE TERMS ANDCONDITIONS BY WHICH OWNERS OF PROPERTY MAYPROTEST PROPOSED IMPROVEMENTS AND TO DELETEPROVISIONS RELATING TO THE CREATION OF ADISTRICT AS PROPOSED BY A NONCITY, NONCOUNTYGOVERNING BOARD; AMENDING SECTION 50-2603,IDAHO CODE, TO REVISE THE SIGNATUREREQUIREMENTS FOR AN INITIATION PETITION;AMENDING SECTION 50-2606, IDAHO CODE, TO DELETEPROVISIONS FOR TERMINATING A PROTEST HEARINGBY BUSINESSES IN THE PROPOSED DISTRICT WHICHWOULD PAY A MAJORITY OF THE PROPOSED SPECIALASSESSMENTS; AMENDING SECTION 50-2607, IDAHOCODE, TO REQUIRE THE APPROVAL OF AT LEASTSIXTY-SEVEN PERCENT OF BUSINESSES WHICH MAY BE


ADDED, AND AT LEAST SIXTY-SEVEN PERCENT OFBUSINESSES PAYING ASSESSMENTS WHICH MAY BEEXCLUDED FROM, A DISTRICT DUE TO A PROPOSEDCHANGE OF BOUNDARIES; AMENDING SECTION50-2611, IDAHO CODE, TO REMOVE AUTHORITY OF ALEGISLATIVE AUTHORITY TO CONTRACT FOR THEADMINISTRATIVE OPERATION OF A BUSINESSIMPROVEMENT DISTRICT; AMENDING SECTION 50-2614,IDAHO CODE, TO PROVIDE THAT PROCEEDINGS TOCHANGE THE RATE OF ASSESSMENT OR IMPOSE ANADDITIONAL RATE OF SPECIAL ASSESSMENTS SHALLTERMINATE IF PROTEST IS MADE BY THIRTY-THREEPERCENT OR MORE OF THE BUSINESSES IN THEPROPOSED DISTRICT; AMENDING SECTION 50-2618,IDAHO CODE, TO PROVIDE THAT A LEGISLATIVEAUTHORITY SHALL DISESTABLISH A DISTRICT IFTHIRTY-THREE PERCENT OR MORE OF THEBUSINESSES IN THE DISTRICT PETITION IN WRITINGFOR DISESTABLISHMENT; AND DECLARING ANEMERGENCY.


AN ACTRELATING TO THE GENERAL POWERS OF

AUDITORIUM DISTRICTS; AMENDING SECTION 67-4912,IDAHO CODE, TO PROHIBIT THE USE OF AUDITORIUMDISTRICT FUNDS TO ADVERTISE OR PROMOTE AMEASURE INCLUDING BALLOT MEASURES AND TOMAKE TECHNICAL CORRECTIONS.


AN ACTRELATING TO THE HOTEL/MOTEL ROOM SALES

TAX; AMENDING SECTION 67-4917B, IDAHO CODE, TOPROVIDE FOR A GRADUATED TAX BASED ON THEPROXIMITY OF THE TAXPAYER HOTEL OR MOTEL TOTHE FACILITY BEING FINANCED.


AN ACTRELATING TO WINE SAMPLE TASTING; AMENDING

CHAPTER 13, TITLE 23, IDAHO CODE, BY THEADDITION OF A NEW SECTION 23-1325C, IDAHO CODE,TO PROVIDE THAT VINTNERS, WINERIES ANDDISTRIBUTORS MAY CONDUCT OR ASSIST IN WINESAMPLE TASTINGS, TO PROVIDE THAT HOLDERS OFRETAIL WINE LICENSES OR WINE BY THE DRINKLICENSES MAY CONDUCT WINE SAMPLE TASTINGEVENTS, TO PROVIDE THAT A WINE BY THE DRINKLICENSE SHALL NOT BE REQUIRED UNDER CERTAINCIRCUMSTANCES, TO SET FORTH REQUIREMENTSAPPLICABLE TO SAMPLE TASTING EVENTS, TO SETFORTH ADDITIONAL REQUIREMENTS FOR VINTNER,WINERY OR DISTRIBUTOR CONDUCTED SAMPLETASTINGS, TO PROVIDE FOR RETAILER CONDUCTEDWINE SAMPLE TASTINGS AND TO PROVIDE THATPARTICIPATION IN AN AUTHORIZED WINE SAMPLETASTING EVENT SHALL NOT CONSTITUTE PROHIBITEDCONDUCT OR UNLAWFUL AID TO A RETAILER.


AN ACTRELATING TO EMERGENCY COMMUNICATIONS

SYSTEMS; AMENDING SECTION 31-4801, IDAHO CODE,TO REVISE LEGISLATIVE PURPOSE AND TO MAKE ATECHNICAL CORRECTION; AMENDING CHAPTER 48,TITLE 31, IDAHO CODE, BY THE ADDITION OF NEWSECTIONS 31-4815, 31-4816, 31-4817 AND 31-4818, IDAHOCODE, TO CREATE THE IDAHO EMERGENCYCOMMUNICATIONS COMMISSION, TO PROVIDEMEMBERSHIP AND TERMS OF OFFICE, TO PROVIDEPURPOSES AND RESPONSIBILITIES OF THE IDAHOEMERGENCY COMMUNICATIONS COMMISSION, TOPROVIDE MEDIATION BY THE IDAHO EMERGENCYCOMMUNICATIONS COMMISSION AND TO CREATE THEIDAHO EMERGENCY COMMUNICATIONS FUND.


AN ACTRELATING TO ANATOMICAL GIFTS; AMENDING

SECTION 39-3413, IDAHO CODE, TO REVISE THEDOCUMENT REQUIREMENTS FOR THE MAKING OF ANANATOMICAL GIFT TO INCLUDE A STATEMENT THATTHE ORGANS, TISSUES OR PARTS MAY OR MAY NOT BERETRIEVED AND/ OR U SE D BY F OR -P R OF ITPROCUREMENT ENTITIES; AND AMENDING SECTION39-3413A, IDAHO CODE, TO INCLUDE IN THEREQUIREMENTS FOR INFORMED CONSENT ASTATEMENT THAT ORGANS, TISSUES OR PARTS MAYBE RETRIEVED AND/OR USED BY FOR-PROFITPROCUREMENT ENTITIES.



AMENDING SECTION 54-1401, IDAHO CODE, TOREQUIRE APPLICANTS FOR ORIGINAL LICENSURE ANDFOR LICENSE REINSTATEMENT TO SUBMIT TOCRIMINAL BACKGROUND CHECKS.


AN ACTRELATING TO NATUROPATHIC MEDICINE;

AMENDING TITLE 54, IDAHO CODE, BY THE ADDITIONOF A NEW CHAPTER 51, TITLE 54, IDAHO CODE, TOPROVIDE A STATEMENT OF LEGISLATIVE PURPOSE, TOPROVIDE DEFINITIONS, TO REQUIRE A LICENSE, TODEFINE SCOPE OF PRACTICE, TO SPECIFYPROHIBITIONS, TO SPECIFY EXEMPTIONS, TO PROVIDECREATION OF THE BOARD OF NATUROPATHICMEDICAL EXAMINERS, TO SPECIFY POWERS ANDDUTIES OF THE BOARD, TO PROVIDE ESTABLISHMENTOF THE NATUROPATHIC FORMULARY COUNCIL, TOSPECIFY FEES, TO PROVIDE QUALIFICATIONS FORLICENSURE, TO PROVIDE A RESTRICTED LICENSUREOF CURRENT PRACTITIONERS OF NATUROPATHICMEDICINE, TO PROVIDE LICENSE STANDARDS FOR


OUT-OF-STATE APPLICANTS, TO PROVIDE FORINVESTIGATION, HEARINGS AND SUBPOENA POWERS,TO PROVIDE DISCIPLINARY ACTION, TO PROVIDE FORDENIAL OR REVOCATION PROCEDURE, TO PROVIDEENFORCEMENT PENALTIES AND TO PROVIDESEVERABILITY.


AN ACTRELATING TO MEDICAID; AMENDING CHAPTER 2,

TITLE 56, IDAHO CODE, BY THE ADDITION OF A NEWSECTION 56-209m, IDAHO CODE, TO DIRECT THEDIRECTOR OF THE DEPARTMENT OF HEALTH ANDWELFARE TO APPLY FOR A WAIVER TO CONDUCT APILOT PROJECT FOR SERVICES RELATED TO WEIGHTCONTROL BASED UPON AVAILABLE FUNDING.


AN ACTRELATING TO RULES OF THE BOARD OF HEALTH

AND WELFARE; AMENDING SECTION 56-1017, IDAHOCODE, TO PROVIDE FOR THE ADOPTION OF RULESAND STANDARDS CONCERNING CRITERIA FOR THEUSE OF AIR MEDICAL SERVICES BY CERTIFIED EMSPERSONNEL AT EMERGENCY SCENES.


AN ACTRELATING TO PUBLIC ASSISTANCE; AMENDING

SECTION 56-242, IDAHO CODE, TO DELAYIMPLEMENTATION OF THE CHIP PLAN B AND THECHILDREN'S ACCESS CARD PROGRAM AND THE SMALLBUSINESS HEALTH INSURANCE PILOT PROGRAM.

H 676, H 677, H 678, H 679, H 680, H 681, H 682, H 683,H 684, H 685, H 686, H 687, H 688, H 689, H 690, H 691,H 692, H 693, H 694, H 695, H 696, H 697, and H 698 wereintroduced, read the first time by title, and referred to theJudiciary, Rules, and Administration Committee for printing.



HCR 38, by Judiciary, Rules, and AdministrationCommittee, was read the second time by title and filed for thirdreading.

H 623, by Resources and Conservation Committee, was readthe second time by title and filed for third reading.


H 526, H 568, H 569, and H 585, by Business Committee,were read the second time by title and filed for third reading.



At this time, the Speaker recognized Mr. Campbell andMr. Jones to open debate.



Boe, Bolz, Bradford, Campbell, Cannon, Collins, Cuddy, Deal,Denney, Douglas, Edmunson, Ellsworth, Eskridge, Field(18),Field(23), Gagner, Garrett, Henbest, Jaquet, Jones, Kellogg,Langhorst, Martinez, Miller, Mitchell, Moyle, Naccarato,Nielsen, Pasley-Stuart, Raybould, Ridinger, Ring, Ringo,Robison, Sayler, Shepherd, Shirley, Skippen, Smith(30), Smylie,Snodgrass, Stevenson, Trail, Wills. Total -- 50.

NAYS -- Barrett, Bauer, Bayer, Crow, Eberle, Harwood,Langford, McGeachin, McKague, Meyer, Roberts, Rydalch,Schaefer, Wood, Mr. Speaker. Total -- 15.

Absent and excused -- Clark, Kulczyk, Lake, Sali, Smith(24).Total -- 5.

Total -- 70.


Mr. Denney asked unanimous consent that the remaining billson the Third Reading Calendar retain their places untilMonday, February 16, 2004. There being no objection, it was soordered.


Adjournment

Mr. Moyle moved that the House adjourn until 10 a.m.,Monday, February 16, 2004. Seconded by Ms. Jaquet. Motioncarried.

Whereupon the Speaker declared the House adjourned at12:07 p.m. BRUCE NEWCOMB, Speaker


THIRTY-SIXTH LEGISLATIVE DAYMONDAY, FEBRUARY 16, 2004



Roll call showed 69 members present.Absent and excused -- Roberts. Total -- 1.Total -- 70.


The Pledge of Allegiance was led by Cassie Beck, Page.


Approval of Journal


We, your COMMITTEE ON JUDICIARY, RULES, ANDADMINISTRATION, report that we have read and approved theHouse Journal of the Thirty-third Legislative Day andrecommend that same be adopted as corrected.

FIELD(18), Chairman




MEMORIAL SERVICE

Opening Remarks .. . . . . . . . . . . . . . . . Representative David LanghorstChoral Performance .. . . . . . . . . Riverglen Junior High School Choir

"Mi Yitneni Of""Adoramus Te Christe"

Julia Kole .. . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . Choir Director

Benediction .. . . . . . . . . . . . . . . .. . . . . . . . . . . . . . Chaplain Jim Hardenbrook

Bagpiper . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . Sergeant Rich FuhrimanBoise City Police

"Amazing Grace"

A HOUSE MEMORIAL

WHEREAS, Representative James A. “Jim” Leese has passedon since the close of the First Regular Session of theFifty-seventh Idaho Legislature; and

WHEREAS, the late Representative Leese served in thisHouse, in the interest of Bannock County during the Forty-fourthLegislature covering the year 1977.

NOW, THEREFORE, BE IT RESOLVED that the House ofRepresentatives of the Fifty-seventh Legislature draw publicattention by this Memorial to the life and works ofJames A. “Jim” Leese.

BE IT FURTHER RESOLVED that the House ofRepresentatives of the Fifty-seventh Idaho Legislature extend tothe bereaved family the heartfelt sympathy of this entire body;and

BE IT FURTHER RESOLVED that the Chief Clerk of theHouse of Representatives be, and she is hereby instructed tospread this Memorial upon the Journal of the House, and toforward copies to the members of the Leese family.

Representative Andersen paid tribute to the formerRepresentative Leese.

A HOUSE MEMORIAL

WHEREAS, Representative Marion “Swede” Davidson haspassed on since the close of the First Regular Session of theFifty-seventh Idaho Legislature; and

WHEREAS, the late Representative Davidson served in thisHouse, in the interest of Bonner and Boundary Counties duringthe Thirty-sixth through Forty-sixth Legislatures covering theyears 1961 through 1982.

NOW, THEREFORE, BE IT RESOLVED that the House ofRepresentatives of the Fifty-seventh Legislature draw publicattention by this Memorial to the life and works ofMarion “Swede” Davidson.


BE IT FURTHER RESOLVED that the Chief Clerk of theHouse of Representatives be, and she is hereby instructed tospread this Memorial upon the Journal of the House, and toforward copies to the members of the Davidson family.

Representative Mitchell paid tribute to the formerRepresentative Davidson.

A HOUSE MEMORIAL

WHEREAS, Representative Gary Paxman has passed on sincethe close of the First Regular Session of the Fifty-seventh IdahoLegislature; and

WHEREAS, the late Representative Paxman served in thisHouse, in the interest of Bingham and Bonneville Counties duringthe Forty-fifth through Forty-seventh Legislatures covering theyears 1979 through 1983.

NOW, THEREFORE, BE IT RESOLVED that the House ofRepresentatives of the Fifty-seventh Legislature draw publicattention by this Memorial to the life and works of Gary Paxman.


BE IT FURTHER RESOLVED that the Chief Clerk of theHouse of Representatives be, and she is hereby instructed tospread this Memorial upon the Journal of the House, and toforward copies to the members of the Paxman family.

Representative Barraclough paid tribute to the formerRepresentative Paxman.

A HOUSE MEMORIAL

WHEREAS, Representative Angus Condie has passed onsince the close of the First Regular Session of the Fifty-seventhIdaho Legislature; and

WHEREAS, the late Representative Condie served in thisHouse, in the interest of Bear Lake, Caribou, and FranklinCounties during the Fortieth through Forty-third Legislaturescovering the years 1969 through 1976.

NOW, THEREFORE, BE IT RESOLVED that the House ofRepresentatives of the Fifty-seventh Legislature draw publicattention by this Memorial to the life and works ofAngus Condie.



BE IT FURTHER RESOLVED that the Chief Clerk of theHouse of Representatives be, and she is hereby instructed tospread this Memorial upon the Journal of the House, and toforward copies to the members of the Condie family.

Representative Bradford paid tribute to the formerRepresentative Condie.

A HOUSE MEMORIAL

WHEREAS, Representative Hamer “Judge” Budge haspassed on since the close of the First Regular Session of theFifty-seventh Idaho Legislature; and

WHEREAS, the late Representative Budge served in thisHouse, in the interest of Ada County during the Twenty-fifth,Twenty-sixth, and Thirtieth Legislatures covering the years 1939through 1942, and 1949 through 1950.

NOW, THEREFORE, BE IT RESOLVED that the House ofRepresentatives of the Fifty-seventh Legislature draw publicattention by this Memorial to the life and works ofHamer “Judge” Budge.


BE IT FURTHER RESOLVED that the Chief Clerk of theHouse of Representatives be, and she is hereby instructed tospread this Memorial upon the Journal of the House, and toforward copies to the members of the Budge family.

Representative Snodgrass paid tribute to the formerRepresentative Budge.

A HOUSE MEMORIAL

WHEREAS, Representative Peggy Bunting Orme has passedon since the close of the First Regular Session of theFifty-seventh Idaho Legislature; and

WHEREAS, the late Representative Bunting Orme served inthis House, in the interest of Ada County during the Forty-secondthrough Forty-seventh Legislatures covering the years 1973through 1984.

NOW, THEREFORE, BE IT RESOLVED that the House ofRepresentatives of the Fifty-seventh Legislature draw publicattention by this Memorial to the life and works ofPeggy Bunting Orme.


BE IT FURTHER RESOLVED that the Chief Clerk of theHouse of Representatives be, and she is hereby instructed tospread this Memorial upon the Journal of the House, and toforward copies to the members of the Bunting Orme family.

Representative Wood paid tribute to the formerRepresentative Bunting Orme.

Prior to going at ease, the House was at the Fourth Order ofBusiness.



BOISE, IDAHO


KNOW ALL MEN, by these Presents that Hilde Kellogg,State Representative, District 5, Kootenai County, State of Idaho,pursuant to the provisions of Section 59-917, Idaho Code, hasnominated Robert Nonini, of Coeur d' Alene, Idaho, to performthe duties of this office temporarily as Acting StateRepresentative.

NOW, THEREFORE, I, DIRK A. KEMPTHORNE,Governor of the State of Idaho, by virtue of the authority vestedin me by Section 59-917, Idaho Code, do hereby appointRobert Nonini, Acting State Representative, District 5, KootenaiCounty, State of Idaho, for a term commencing on Monday,February 16, 2004, and continuing until the incumbent shallresume the performance of the duties or a vacancy occurs in suchoffice.


Done at Boise, the Capital of Idaho, this 13th day ofFebruary in the year of our Lord two thousand and four, and ofthe Independence of the United States of America, the twohundred and twenty-eighth year.




The Speaker announced the oath of office had previously beenadministered to Mr. Nonini.

February 13, 2004

Mr. Speaker:I return herewith enrolled H 566 which has been signed by

the President.WOOD, Secretary


February 13, 2004

Mr. Speaker:I transmit herewith SJM 106, S 1210, and S 1283 which have

passed the Senate.WOOD, Secretary

SJM 106, S 1210, and S 1283 were filed for first reading.







We, your COMMITTEE ON JUDICIARY, RULES, ANDADMINISTRATION report that we have printed HCR 45,HJM 18, H 676, H 677, H 678, H 679, H 680, H 681, H 682,H 683, H 684, H 685, H 686, H 687, H 688, H 689, H 690,H 691, H 692, H 693, H 694, H 695, H 696, H 697, and H 698.

FIELD(18), Chairman

HCR 45 and H 684 were referred to the Transportation andDefense Committee.

HJM 18, H 677, H 678, H 679, H 680, H 681, H 682, andH 683 were referred to the Agricultural Affairs Committee.


H 685, H 686, H 688, H 689, and H 690 were referred tothe Local Government Committee.



H 694, H 696, H 697, and H 698 were referred to the Healthand Welfare Committee.

H 695 was referred to the Ways and Means Committee.



We, your COMMITTEE ON STATE AFFAIRS, report thatwe have had under consideration HCR 39 and recommend that itdo pass.

DEAL, Chairman



We, your COMMITTEE ON EDUCATION, report that wehave had under consideration H 602 and recommend that it dopass.

BARRACLOUGH, Chairman




Mr. Denney moved that the following persons be approved asattaches to serve the House of Representatives for and during theSecond Regular Session of the Fifty-seventh Idaho Legislature.Seconded by Ms. Jaquet.

Pages:Jordan Alvis Dustin GrantCassie Beck Jeremiah KatsLaura Cox Danika KramerJessica D' Orazi Sarah Lynn ShafferJenna Erlebach Jesse StricklanAnnalise Field Brittany ZabranskyArielle Gorin

Whereupon the Speaker declared the motion carried by voicevote and administered the oath of office to the above namedattaches.

HOUSE CONCURRENT RESOLUTION NO. 46 BY COMMERCE AND HUMAN RESOURCES


STATING FINDINGS OF THE LEGISLATURE ANDREJECTING A CERTAIN RULE OF THE DIVISION OFHUMAN RESOURCES AND PERSONNEL COMMISSION.



WHEREAS, it is the finding of the Legislature that a certainrule of the Division of Human Resources and PersonnelCommission relating to nepotism is not consistent with legislativeintent and should be rejected.

NOW, THEREFORE, BE IT RESOLVED by the membersof the Second Regular Session of the Fifty-seventh IdahoLegislature, the House of Representatives and the Senateconcurring therein, that IDAPA 15.04.01, Section 025, rules ofthe Division of Human Resources and Personnel Commissionrelating to nepotism, adopted as a pending rule under DocketNumber 15-0401-0301, be, and the same is hereby rejected anddeclared null, void and of no force and effect.

HOUSE CONCURRENT RESOLUTION NO. 47 BY COMMERCE AND HUMAN RESOURCES


STATING FINDINGS OF THE LEGISLATURE,ADOPTING A STATE EMPLOYEE COMPENSATIONPOLICY, ADOPTING FUNDING RECOMMENDATIONS,STATING POLICY TOWARD SALARY SAVINGSREGARDING PAY POLICIES FOR STATE EMPLOYEESAND DIRECTING MANAGEMENT OF COMPENSATIONAND FUNDING POLICIES.



WHEREAS, the Legislature has by law provided that theGovernor and the Division of Human Resources report to theLegislature their recommendations for proposed pay policies,together with the estimated cost thereof; and

WHEREAS, the Legislature has received and reviewed thereport of the Governor dated January 12, 2004, and the report ofthe Division of Human Resources dated October 1, 2003; and

WHEREAS, it is the mission of the Idaho State Governmentto provide a high level of responsive service in meeting the needsof its citizens.

NOW, THEREFORE, BE IT RESOLVED by the membersof the Second Regular Session of the Fifty-seventh IdahoLegislature, the House of Representatives and the Senateconcurring therein, that:

(1) It is the policy of the state of Idaho to provide a totalcompensation system that attracts, retains and recognizes stateemployees for their valuable service. The foundation of thissystem is to pay competitive job market average salaries and toreward performance with a merit based compensation philosophy.

(2) The Joint Finance-Appropriations Committee is directedto provide funding for the following specific compensationmeasures:

(a) Funding of $10,923,900 from the General Fund forbenefit cost increases for health insurance, PublicEmployee Retirement System rate changes, and variousother salary based benefits as recommended in theGovernor' s report;(b) Funding of $10,002,100 from the General Fund for2% salary increases for state employees as recommendedin the Governor' s report; and(c) One-time contingency funding of $5,001,000 inGeneral Funds, for an additional temporary salaryincrease of 1%. This increase shall be contingent uponGeneral Fund revenues exceeding the fiscal year 2004r e v e n u e p r o j e c t i o n u s e d b y t h e J o i ntFinance-Appropriations Committee by a minimum of$5,001,000. The Joint Finance-Appropriations Committeeshall design a surplus eliminator appropriation to providethis temporary salary increase, should available funds inexcess of the revenue projection become available.(3) For those agencies funded in total or in part from

non-General Fund money, the Joint Finance-AppropriationsCommittee is directed to appropriate in as nearly as possible thesame manner as agencies funded by the General Fund.

(4) The Legislature recognizes that no specific funding forsalary increases for state agencies and institutions has beenprovided for the last two fiscal years. As such, state agencydirectors and institution executives are encouraged to allocateagency salary savings to provide for employee salary needsbefore other operational budget priorities are considered.One-time salary increases should be given if the salary savingsare one-time in nature. Ongoing salary increases may be given ifthe salary savings are expected to be ongoing in nature and,where applicable, particular emphasis should be placed on thoseemployees in occupational groups with significant market pay lagand turnover rates.

(5) The Division of Human Resources and the Division ofFinancial Management shall ensure that agency and institutioncompensation policies are managed consistent with the policiescontained herein.

(6) The effective date of implementation of these salaryadjustments shall be June 6, 2004.

BE IT FURTHER RESOLVED that appropriations measuresto fund nonclassified employees be prepared in as nearly aspossible the same manner as for classified employees.

HOUSE JOINT MEMORIAL NO. 19 BY RESOURCES AND CONSERVATION COMMITTEE




WHEREAS, according to the United States Fish and WildlifeService, in 2001, 82 million individuals, sixteen years of age andolder, participated in wildlife related recreation, including13 million who hunted, 34 million who fished, and more than66 million who engaged in activities such as observing, feeding,and photographing wildlife in the United States; and

WHEREAS, individuals who participated in wildlife relatedactivities in 2001 spent an estimated 108 billion dollars, includingmore than 35 billion dollars on fishing, nearly 21 billion dollarson hunting, and more than 28 billion dollars on food, lodging,and transportation; and

WHEREAS, the growing public demand for outdoorrecreational opportunities is increasingly constrained by the limitson both public and private land resources. Limited public accesson private land has often frustrated and disappointed hunters andother naturalists, and undermined the relationship betweenlandowners and the general public; and

WHEREAS, several states, including Idaho, have establishedsuccessful but modest walk-in programs to encourage publicaccess on private farm and ranch land, yet the demand for suchvoluntary access programs remains largely unfulfilled; and

WHEREAS, in recent years traditional agricultural marketshave offered limited income opportunities for farm and ranchlandowners and operators. Current proposals to reform worldagricultural trade favor the development of new methods tosupport the income of agricultural producers that have minimalimpact on agricultural production and prices; and

WHEREAS, there is currently pending before the Congressof the United States, the "Voluntary Public Access and HabitatIncentive Program of 2003" which would create a voluntary,incentive-based program for landowners, such as farmers andranchers, who agree to make their land accessible in exchange fora per acre payment. Each state would design and implement itsown access program, funded by the United States Department ofAgriculture.

NOW, THEREFORE, BE IT RESOLVED by the membersof the Second Regular Session of the Fifty-seventh IdahoLegislature, the House of Representatives and the Senateconcurring therein, that we support the passage of the"Voluntary Public Access and Habitat Incentive Program of2003," to encourage owners and operators of privately held farmand ranch land to voluntarily make their land available for accessby the public under programs administered by states.

BE IT FURTHER RESOLVED that we urge thecongressional delegation representing the State of Idaho in the


Congress of the United States to cosponsor and actively supportpassage of the "Voluntary Public Access and Habitat IncentiveProgram of 2003. "



SJM 106, by Commerce and Human Resources Committee,was introduced, read the first time by title, and referred to theBusiness Committee.



COMMITTEE AN ACT

RELATING TO THE P UBLIC EMPL OYEERETIREMENT SYSTEM; AMENDING SECTION 59-1302,IDAHO CODE, TO PROVIDE THAT AN EMPLOYEE SHALLBE DEEMED A VESTED MEMBER IF THE EMPLOYEEWAS AN EMPLOYEE OF A STATE COLLEGE,U N I V E R S I T Y , C O M M U N IT Y C OL L E G E O RPROFESSIONAL-TECHNICAL CENTER IN A RESEARCHPOSITION PRIMARILY FUNDED BY FEDERAL ORPRIVATE GRANT FUNDS.



SECTION 36-114, IDAHO CODE, TO REVISE PROVISIONSRELATING TO THE PAYMENT OF SPECIFIED CLAIMSFROM THE BIG GAME PRIMARY DEPREDATIONACCOUNT; AMENDING SECTION 36-115, IDAHO CODE,TO REVISE PROVISIONS RELATING TO THE PAYMENTOF SPECIFIED CLAIMS FROM THE BIG GAMESECONDARY DEPREDATION ACCOUNT AND TO MAKETECHNICAL CORRECTIONS; AMENDING SECTION36-1108, IDAHO CODE, TO CLARIFY PROVISIONSRELATING TO COMPENSATION FROM THE BIG GAMEPRIMARY DEPREDATION ACCOUNT FOR CERTAINCROP LOSSES AND DAMAGE CLAIMS, TO PROVIDE FORCERTAIN ADDITIONAL CLAIMS, TO REVISEPROCEDURES RELATING TO THE DETERMINATIONAND PAYMENT OF CERTAIN DAMAGE CLAIMS AND TOREVISE PROCEDURES AND DUTIES RELATING TOSPECIFIED ARBITRATION PANELS; AND AMENDINGSECTION 36-1109, IDAHO CODE, TO REVISEPROCEDURES RELATING TO THE DETERMINATION,PROCESSING AND PAYMENT OF CLAIMS FOR DAMAGEOR DESTRUCTION BY BLACK BEARS OR MOUNTAINLIONS.



AMENDING SECTION 54-1402, IDAHO CODE, TO DEFINE"NURSING ASSISTANT"; AND AMENDING SECTION54-1404, IDAHO CODE, TO REQUIRE LICENSURE BY THEBOARD OF NURSING OF NURSING ASSISTANTS ON ANDAFTER JULY 1, 2006.


AN ACTRELATING TO MENTAL HEALTH PARITY IN STATE

GROUP INSURANCE; STATING FINDINGS OF THELEGISLATURE; AMENDING CHAPTER 57, TITLE 67,IDAHO CODE, BY THE ADDITION OF A NEW SECTION67-5761A, IDAHO CODE, TO PROVIDE THAT STATEEMPLOYEES WITH SERIOUS MENTAL ILLNESSES MUSTNOT BE DISCRIMINATED AGAINST IN GROUPDISABILITY INSURANCE BENEFITS OR GROUP HEALTHCARE SERVICE COVERAGES, TO DEFINE "SERIOUSMENTAL ILLNESS" AND TO PROVIDE REQUIREMENTSFOR COVERAGE OF SERIOUS MENTAL ILLNESSES; TOPROVIDE FOR A REPORT TO THE LEGISLATURE OF THEADDITIONAL COSTS INCURRED TO PROVIDE THECOVERAGE; AND TO PROVIDE AN EFFECTIVE DATEAND A SUNSET DATE.


AN ACTRELATING TO AGRICULTURAL AND FARM

EQUIPMENT AND CONTRACTS; AMENDING SECTION28-23-101, IDAHO CODE, TO PROVIDE FOR THEPAYMENT OR CREDIT FOR DEMONSTRATION ORRENTAL EQUIPMENT THAT HAS NOT BEEN RETAILEDTO AN END USER AND TO MAKE A TECHNICALCORRECTION; AMENDING SECTION 28-23-102, IDAHOCODE, TO REVISE THE PROCEDURES AND CREDITS FORREPURCHASE OF REPAIR PARTS, REPAIR MANUALS,SPECIALIZED REPAIR TOOLS AND SIGNAGE AND TOMAKE TECHNICAL CORRECTIONS; AMENDINGSECTION 28-23-105, IDAHO CODE, TO PROVIDE FOR ONEHUNDRED PERCENT CURRENT NET PRICE FORMANUALS AND REPAIR MANUALS AND REASONABLEREIMBURSEMENT FOR SERVICES PERFORMED INCONNECTION WITH ASSEMBLY AND PREDELIVERYINSPECTIONS OF THE EQUIPMENT, TO PROVIDE VENUEFOR CAUSES OF ACTION AND TO MAKE TECHNICALCORRECTIONS; AMENDING SECTION 28-23-106, IDAHOC O D E , T O P R O V I D E A P P L I C A T I O N T OTRANSPORTATION CHARGES WHICH HAVE BEEN PAIDBY THE RETAILER OR INVOICED TO THE RETAILER' SACCOUNT AND TO MAKE A TECHNICAL CORRECTION;AMENDING SECTION 28-23-108, IDAHO CODE, TOINCREASE NOTICE PROVISIONS TO NINETY DAYS;AMENDING SECTION 28-24-102, IDAHO CODE, TOFURTHER DEFINE TERMS; AMENDING SECTION28-24-103, IDAHO CODE, TO REVISE UNLAWFUL ACTSAND PRACTICES REGARDING EQUIPMENT DEALERS;AMENDING SECTION 28-24-104, IDAHO CODE, TOREVISE TIME PERIODS FOR A DEALER TO CURE APROBLEM AND TO PROVIDE PROCEDURES PRIOR TO


THE TERMINATION OR NONRENEWAL OF A DEALERAGREEMENT; AMENDING PART 1, CHAPTER 24, TITLE28, IDAHO CODE, BY THE ADDITION OF NEWSECTIONS 28-24-104A, 28-24-104B, 28-24-104C, 28-24-104DAND 28-24-104E, IDAHO CODE, TO PROVIDE THEESTABLISHMENT OF A NEW DEALERSHIP AND THESUPPLIER' S DUTIES, TO PROVIDE FOR WARRANTYCLAIMS, TO PROVIDE FOR AUDIT OF WARRANTYCLAIMS, TO PROVIDE FOR ARBITRATION AND TOPROVIDE FOR SUCCESSORS IN INTEREST; ANDAMENDING SECTION 28-24-105, IDAHO CODE, TOINCLUDE DATA PROCESSING SOFTWARE IN REMEDIESAND ENFORCEMENT PROVISIONS, TO PROVIDE VENUEFOR CAUSES OF ACTION AND TO MAKE A TECHNICALCORRECTION.



18, TITLE 41, IDAHO CODE, BY THE ADDITION OF ANEW SECTION 41-1846, IDAHO CODE, TO PROVIDE FORELECTRONIC ACCESS TO HEALTH INSURANCEINFORMATION FOR CONSUMERS, TO PROVIDE FORNOTIFICATION, TO PROVIDE FOR PAPER COPIES UPONCONSUMER REQUEST AND TO DEFINE "CARRIER."


AN ACTRELATING TO PROMPT PAYMENT OF HEALTH

INSURANCE CLAIMS; AMENDING TITLE 41, IDAHOCODE, BY THE ADDITION OF A NEW CHAPTER 56,TITLE 41, IDAHO CODE, TO DEFINE TERMS, TOPROVIDE FOR THE TIMING AND METHOD OF CLAIMPAYMENTS, TO PROVIDE FOR PROVIDER BILLING, TOPROVIDE FOR INTEREST PAYMENTS AND TO PROVIDEEXCEPTIONS; PROVIDING AN EFFECTIVE DATE ANDPROVIDING APPLICATION.


AN ACTRELATING TO COSMETICIANS; AMENDING

SECTION 54-828, IDAHO CODE, TO DELETE LANGUAGEP R O V I D IN G F O R T H E A P P OI N T M E N T O FCOSMETOLOGISTS BY THE GOVERNOR AND TO MAKETECHNICAL CORRECTIONS; AMENDING SECTION54-831, IDAHO CODE, TO PROVIDE THAT THE BOARDSHALL APPOINT LICENSED PERSONS TO SERVE ASEXAMINING ASSISTANTS FOR THREE YEAR TERMS TOASSIST THE BOARD IN THE ADMINISTRATION OFLICENSURE EXAMINATIONS AND TO MAKE ATECHNICAL CORRECTION; AND AMENDING SECTION54-832, IDAHO CODE, TO PROVIDE FOR COMPENSATIONFOR EXAMINING ASSISTANTS.



21, TITLE 41, IDAHO CODE, BY THE ADDITION OF ANEW SECTION 41-2145, IDAHO CODE, TO PROVIDE FORA DISCOUNT BASED UPON AN INDIVIDUAL'S WEIGHT

OR ADHERENCE TO A SCHEDULE FOR PHYSICALS ANDTO ALLOW FOR FINANCIAL INCENTIVES; AMENDINGCHAPTER 22, TITLE 41, IDAHO CODE, BY THEADDITION OF A NEW SECTION 41-2224, IDAHO CODE,TO PROVIDE FOR A DISCOUNT BASED UPON ANINDIVIDUAL'S WEIGHT OR ADHERENCE TO ASCHEDULE FOR PHYSICALS AND TO ALLOW FORFINANCIAL INCENTIVES; AMENDING CHAPTER 34,TITLE 41, IDAHO CODE, BY THE ADDITION OF A NEWSECTION 41-3444, IDAHO CODE, TO PROVIDE FOR ADISCOUNT BASED UPON AN INDIVIDUAL' S WEIGHT ORADHERENCE TO A SCHEDULE FOR PHYSICALS AND TOALLOW FOR FINANCIAL INCENTIVES; AND AMENDINGCHAPTER 39, TITLE 41, IDAHO CODE, BY THEADDITION OF A NEW SECTION 41-3941, IDAHO CODE,TO PROVIDE FOR A DISCOUNT BASED UPON ANINDIVIDUAL' S WEIGHT OR ADHERENCE TO ASCHEDULE FOR PHYSICALS AND TO ALLOW FORFINANCIAL INCENTIVES.



21, TITLE 41, IDAHO CODE, BY THE ADDITION OF ANEW SECTION 41-2145, IDAHO CODE, TO REQUIRECOVERAGE FOR EXPENSES FOR SERVICES RELATED TOMORBID OBESITY AND TO DEFINE "MORBID OBESITY";AMENDING CHAPTER 22, TITLE 41, IDAHO CODE, BYTHE ADDITION OF A NEW SECTION 41-2224, IDAHOCODE, TO REQUIRE COVERAGE FOR EXPENSES FORSERVICES RELATED TO MORBID OBESITY AND TODEFINE "MORBID OBESITY"; AMENDING CHAPTER 34,TITLE 41, IDAHO CODE, BY THE ADDITION OF A NEWSECTION 41-3444, IDAHO CODE, TO REQUIRECOVERAGE FOR EXPENSES FOR SERVICES RELATED TOMORBID OBESITY AND TO DEFINE "MORBID OBESITY";AND AMENDING CHAPTER 39, TITLE 41, IDAHO CODE,BY THE ADDITION OF A NEW SECTION 41-3941, IDAHOCODE, TO REQUIRE COVERAGE FOR EXPENSES FORSERVICES RELATED TO MORBID OBESITY AND TODEFINE "MORBID OBESITY."


AN ACTRELATING TO PROMPT PAYMENT OF CLAIMS;

AMENDING TITLE 41, IDAHO CODE, BY THE ADDITIONOF A NEW CHAPTER 56, TITLE 41, IDAHO CODE, TODEFINE TERMS, TO REQUIRE THE PROMPT PAYMENTOF CLAIMS, TO PROVIDE FOR INTEREST PAYMENTS,TO PROVIDE EXCEPTIONS AND TO PROVIDEPENALTIES; PROVIDING AN EFFECTIVE DATE ANDPROVIDING APPLICATION.


AN ACTRELATING TO EMERGENCY SERVICES; AMENDING

CHAPTER 18, TITLE 41, IDAHO CODE, BY THEADDITION OF A NEW SECTION 41-1846, IDAHO CODE,TO PROVIDE FOR THE REIMBURSEMENT OFEMERGENCY SERVICES, TO PROVIDE APPLICATIONAND TO DEFINE TERMS.



AN ACTRELATING TO THE IDAHO STATE INDEPENDENT

LIVING COUNCIL; AMENDING TITLE 56, IDAHO CODE,BY THE ADDITION OF A NEW CHAPTER 12, TITLE 56,IDAHO CODE, TO PROVIDE LEGISLATIVE INTENT AND TO CREATE THE IDAHO STATE INDEPENDENT LIVINGCOUNCIL, TO PROVIDE EXEMPTION FROM CERTAINSTATE LAWS, TO PROVIDE POWERS OF THE IDAHOSTATE INDEPENDENT LIVING COUNCIL, TO PROVIDEFOR APPOINTMENT OF DIRECTORS OF THE IDAHOSTATE INDEPENDENT LIVING COUNCIL, TO PROVIDEADDITIONAL POWERS AND DUTIES OF THE COUNCIL,TO PROVIDE FOR ALLOCATION OF FUNDS BYDESIGNATED STATE UNITS AND TO CREATE THEIDAHO STATE INDEPENDENT LIVING COUNCIL FUND.


AN ACTRELATING TO DESIGNATION OF THE STATE

RAPTOR; AMENDING THE HEADING FOR CHAPTER 45,TITLE 67, IDAHO CODE; AND AMENDING CHAPTER 45,TITLE 67, IDAHO CODE, BY THE ADDITION OF A NEWSECTION 67-4512, IDAHO CODE, TO DESIGNATE THEPEREGRINE FALCON AS THE STATE RAPTOR OF THESTATE OF IDAHO.


AN ACTRELATING TO THE STATE SCHOLARSHIP

PROGRAM; AMENDING SECTION 33-4305, IDAHO CODE,TO LIMIT APPLICABILITY TO ENTERING STUDENTS;AMENDING SECTION 33-4306, IDAHO CODE, TO LIMITSUBSEQUENT GRANTS TO ONE SCHOOL TERM;AMENDING SECTION 33-4307, IDAHO CODE, TOPROVIDE THAT THE GRANT PAYMENT FOR CATEGORYB STUDENTS IS FOR THE FIRST YEAR OF ATTENDANCEIN THE MAXIMUM AMOUNT OF ONE THOUSANDDOLLARS AND TO MAKE TECHNICAL CORRECTIONS;TO PROVIDE FOR TRANSITION; AND PROVIDING ANEFFECTIVE DATE.

H 699, H 700, H 701, H 702, H 703, H 704, H 705, H 706,H 707, H 708, H 709, H 710, H 711, H 712, and H 713 wereintroduced, read the first time by title, and referred to theJudiciary, Rules, and Administration Committee for printing.


S 1283, by State Affairs Committee, was introduced, read thefirst time by title, and referred to the Health and WelfareCommittee.



HCR 43, by Business Committee, was read the second timeby title and filed for third reading.



At this time, the Speaker recognized Mr. Deal to opendebate.

Mr. Deal asked unanimous consent that, pursuant to Rule 22,discussion of H 624 be allowed in debate of H 502. There beingno objection, it was so ordered.


Roll call resulted as follows:AYES -- Barraclough, Bedke, Bell, Black, Block, Boe,

Campbell, Cannon, Clark, Collins, Crow, Deal, Eberle,Eskridge, Field(18), Field(23), Gagner, Garrett, Harwood,Jones, Kellogg(Nonini), Lake, Meyer, Miller, Moyle, Naccarato,Nielsen, Ring, Rydalch, Schaefer, Shirley, Skippen, Smith(30),Smylie, Snodgrass, Stevenson, Wills, Mr. Speaker. Total -- 38.

NAYS -- Andersen, Barrett, Bauer, Bayer, Bolz, Bradford,Cuddy, Denney, Douglas, Edmunson, Ellsworth, Henbest,Jaquet, Kulczyk, Langford, Langhorst, Martinez, McGeachin,McKague, Mitchell, Pasley-Stuart, Raybould, Ridinger, Ringo,Roberts, Robison, Sali, Sayler, Shepherd, Smith(24), Trail,Wood. Total -- 32.

Paired Vote: AYE -- Lake. NAY -- Roberts.(Pair enumerated in roll call above.)Total -- 70.


Mr. Denney moved that the House recess until 2 p.m.Seconded by Ms. Jaquet. Motion carried.

Whereupon the Speaker declared the House at recess until2 p.m.

RECESS

Afternoon Session

The House reconvened at 2 p.m., the Speaker in the Chair.








Mr. Harwood, having voted on the prevailing side, servednotice that he may ask for reconsideration of the vote by whichH 502 passed the House.

H 502 was ordered held at the Desk.


Roll call resulted as follows:AYES -- Andersen, Barraclough, Barrett, Bedke, Bell, Black,

Block, Boe, Bolz, Campbell, Cannon, Clark, Collins, Crow,Cuddy, Deal, Denney, Eberle, Edmunson, Eskridge, Field(18),Field(23), Gagner, Garrett, Jones, Kellogg(Nonini), Kulczyk,Lake, Langford, McKague, Meyer, Miller, Mitchell, Naccarato,Nielsen, Raybould, Ridinger, Ring, Rydalch, Sayler, Schaefer,Shepherd, Shirley, Skippen, Smith(30), Smith(24), Smylie,Snodgrass, Stevenson, Wills, Wood, Mr. Speaker. Total -- 52.

NAYS -- Bauer, Bayer, Bradford, Douglas, Ellsworth,Harwood, Henbest, Jaquet, Langhorst, Martinez, McGeachin,Moyle, Pasley-Stuart, Ringo, Roberts, Robison, Sali, Trail.Total -- 18.

Total -- 70.






Bedke, Bell, Black, Block, Boe, Bolz, Bradford, Campbell,Cannon, Clark, Collins, Crow, Cuddy, Denney, Douglas,Eberle, Ellsworth, Eskridge, Field(18), Field(23), Gagner,Garrett, Harwood, Henbest, Jaquet, Jones, Kellogg(Nonini),Kulczyk, Lake, Langford, Langhorst, Martinez, McGeachin,McKague, Meyer, Miller, Mitchell, Moyle, Naccarato, Nielsen,Pasley-Stuart, Raybould, Ridinger, Ring, Ringo, Roberts,Robison, Rydalch, Sali, Sayler, Schaefer, Shepherd, Shirley,Skippen, Smith(30), Smith(24), Smylie, Snodgrass, Stevenson,Trail, Wills, Wood, Mr. Speaker. Total -- 68.

NAYS -- None.Absent and excused -- Deal, Edmunson. Total -- 2.Total -- 70.



At this time, the Speaker recognized Mr. Raybould to opendebate.



Bedke, Bell, Black, Block, Boe, Bolz, Bradford, Campbell,Cannon, Clark, Collins, Crow, Cuddy, Deal, Denney, Douglas,Eberle, Edmunson, Ellsworth, Eskridge, Field(18), Field(23),Gagner, Garrett, Harwood, Henbest, Jaquet, Jones,Kellogg(Nonini), Kulczyk, Lake, Langford, Langhorst,Martinez, McGeachin, McKague, Meyer, Miller, Mitchell,Moyle, Naccarato, Nielsen, Pasley-Stuart, Raybould, Ridinger,Ring, Ringo, Roberts, Robison, Rydalch, Sali, Sayler, Schaefer,Shepherd, Shirley, Skippen, Smith(30), Smith(24), Smylie,Snodgrass, Stevenson, Trail, Wills, Wood, Mr. Speaker.Total -- 70.



At this time, the Speaker recognized Mr. Moyle to opendebate.



Bedke, Bell, Black, Block, Boe, Bolz, Bradford, Campbell,Cannon, Clark, Collins, Crow, Cuddy, Deal, Denney, Douglas,Eberle, Edmunson, Ellsworth, Eskridge, Field(18), Field(23),Gagner, Garr ett, Harwood, Henbest, Jaquet, Jones,Kellogg(Nonini), Kulczyk, Lake, Langford, Langhorst,Martinez, McGeachin, McKague, Meyer, Miller, Moyle,Nielsen, Pasley-Stuart, Raybould, Ridinger, Ring, Ringo,Roberts, Robison, Rydalch, Sali, Sayler, Schaefer, Shepherd,Shirley, Skippen, Smith(30), Smith(24), Smylie, Snodgrass,Stevenson, Trail, Wills, Wood, Mr. Speaker. Total -- 68.

NAYS -- Mitchell, Naccarato. Total -- 2.Total -- 70.






Bedke, Bell, Black, Block, Boe, Bolz, Bradford, Campbell,Cannon, Clark, Collins, Crow, Cuddy, Deal, Denney, Douglas,Eberle, Edmunson, Ellsworth, Eskridge, Field(18), Field(23),


Gagner, Garrett, Harwood, Henbest, Jaquet, Jones,Kellogg(Nonini), Kulczyk, Lake, Langford, Langhorst,Martinez, McGeachin, McKague, Meyer, Miller, Mitchell,Moyle, Naccarato, Nielsen, Pasley-Stuart, Raybould, Ridinger,Ring, Ringo, Roberts, Robison, Rydalch, Sali, Sayler, Schaefer,Shepherd, Shirley, Skippen, Smith(30), Smith(24), Smylie,Snodgrass, Stevenson, Trail, Wills, Wood, Mr. Speaker.Total -- 70.



At this time, the Speaker recognized Mr. Bayer to opendebate.















Black, Block, Boe, Bolz, Bradford, Campbell, Cannon, Clark,Collins, Crow, Cuddy, Deal, Denney, Douglas, Eberle,Edmunson, Ellsworth, Eskridge, Field(18), Field(23), Gagner,Garrett, Henbest, Jaquet, Jones, Kellogg(Nonini), Lake,Langford, Langhorst, Martinez, McGeachin, McKague, Meyer,Miller, Mitchell, Moyle, Naccarato, Nielsen, Pasley-Stuart,Raybould, Ridinger, Ring, Ringo, Roberts, Robison, Rydalch,Sali, Sayler, Schaefer, Shepherd, Shirley, Skippen, Smith(30),Smith(24), Smylie, Snodgrass, Stevenson, Trail, Wills, Wood,Mr. Speaker. Total -- 67.

NAYS -- Barrett, Harwood, Kulczyk. Total -- 3.Total -- 70.



At this time, the Speaker recognized Mr. Bayer to opendebate.
















Bedke, Bell, Black, Block, Boe, Bolz, Bradford, Campbell,Cannon, Clark, Collins, Crow, Deal, Denney, Douglas, Eberle,Edmunson, Ellsworth, Field(18), Field(23), Gagner, Garrett,Harwood, Henbest, Jaquet, Jones, Kellogg(Nonini), Lake,Langhorst, Martinez, McGeachin, McKague, Meyer, Miller,Mitchell, Moyle, Naccarato, Pasley-Stuart, Raybould, Ridinger,Ring, Ringo, Roberts, Robison, Rydalch, Sayler, Schaefer,Shepherd, Shirley, Skippen, Smith(30), Smith(24), Smylie,Snodgrass, Stevenson, Trail, Wills, Wood, Mr. Speaker.Total -- 64.

NAYS -- Eskridge, Kulczyk, Langford, Nielsen, Sali.Total -- 5.

Absent and excused -- Cuddy. Total -- 1.Total -- 70.





Notice having been served and having voted on the prevailingside, Mr. Harwood moved that the House now reconsider thevote by which H 502 passed the House. Seconded byMs. Jaquet.


Roll call resulted as follows:AYES -- Andersen, Barrett, Bauer, Bayer, Boe, Bradford,

Cuddy, Denney, Douglas, Edmunson, Ellsworth, Gagner,Harwood, Henbest, Jaquet, Kulczyk, Langford, Langhorst,Martinez, McGeachin, Moyle, Naccarato, Nielsen, Pasley-Stuart,Raybould, Ridinger, Ringo, Roberts, Robison, Sali, Sayler,Shepherd, Smith(24), Smylie, Trail, Wood. Total -- 36.

NAYS -- Barraclough, Bedke, Bell, Black, Block, Bolz,Campbell, Cannon, Clark, Collins, Crow, Deal, Eberle,Eskridge, Field(18), Field(23), Garrett, Jones, Kellogg(Nonini),Lake, McKague, Meyer, Miller, Mitchell, Ring, Rydalch,Schaefer, Shirley, Skippen, Smith(30), Snodgrass, Stevenson,Wills, Mr. Speaker. Total -- 34.

Total -- 70.

Whereupon the Speaker declared the motion to reconsidercarried.


Roll call resulted as follows:AYES -- Barraclough, Bedke, Bell, Black, Block, Campbell,

Cannon, Clark, Collins, Crow, Deal, Eberle, Eskridge,Field(18), Field(23), Gagner, Garrett, Jones, Kellogg(Nonini),Kulczyk, Lake, McKague, Meyer, Miller, Moyle, Naccarato,Ring, Rydalch, Shirley, Skippen, Smith(30), Smylie, Snodgrass,Stevenson, Wills, Mr. Speaker. Total -- 36.

NAYS -- Andersen, Barrett, Bauer, Bayer, Boe, Bolz,Bradford, Cuddy, Denney, Douglas, Edmunson, Ellsworth,Harwood, Henbest, Jaquet, Langford, Langhorst, Martinez,McGeachin, Mitchell, Nielsen, Pasley-Stuart, Raybould,Ridinger, Ringo, Roberts, Robison, Sali, Sayler, Schaefer,Shepherd, Smith(24), Trail, Wood. Total -- 34.

Total -- 70.



Adjournment

Mr. Denney moved that the House adjourn until 11 a.m. ,Tuesday, February 17, 2004. Seconded by Ms. Jaquet. Motioncarried.





THIRTY-SEVENTH LEGISLATIVE DAYTUESDAY, FEBRUARY 17, 2004



Roll call showed 69 members present.Absent and excused -- Stevenson. Total -- 1.Total -- 70.


The Pledge of Allegiance was led by Arielle Gorin, Page.

Approval of Journal


We, your COMMITTEE ON JUDICIARY, RULES, ANDADMINISTRATION, report that we have read and approved theHouse Journal of the Thirty-sixth Legislative Day andrecommend that same be adopted as corrected.

FIELD(18), Chairman








We, your COMMITTEE ON JUDICIARY, RULES, ANDADMINISTRATION report that we have printed HCR 46,HCR 47, HJM 19, H 699, H 700, H 701, H 702, H 703,H 704, H 705, H 706, H 707, H 708, H 709, H 710, H 711,H 712, and H 713.

FIELD(18), Chairman

HCR 46, HCR 47, and H 699 were referred to theCommerce and Human Resources Committee.

HJM 19 and H 700 were referred to the Resources andConservation Committee.


H 702, H 703, H 705, H 706, H 707, H 709, and H 710were referred to the Business Committee.

H 704 and H 708 were referred to the Ways and MeansCommittee.


H 713 was referred to the Education Committee.



FIELD(18), Chairman



We, your COMMITTEE ON JUDICIARY, RULES, ANDADMINISTRATION, report that we have transmitted enrolledH 566 to the Governor at 11:40 a.m., as of this date,February 16, 2004.

FIELD(18), Chairman


We, your COMMITTEE ON TRANSPORTATION ANDDEFENSE, report that we have had under consideration H 616,H 684, and HCR 45 and recommend that they do pass.

WOOD, Chairman

H 616, H 684, and HCR 45 were filed for second reading.


We, your COMMITTEE ON TRANSPORTATION ANDDEFENSE, report that we have had under consideration H 604and report it back with amendments attached to be placed onGeneral Orders for consideration.

WOOD, Chairman



We, your COMMITTEE ON EDUCATION, report that wehave had under consideration H 631 and report it back withamendments attached to be placed on General Orders forconsideration.




We, your COMMITTEE ON STATE AFFAIRS, report thatwe have had under consideration H 630, H 532, and H 629 andrecommend that they do pass.

DEAL, Chairman




We, your COMMITTEE ON STATE AFFAIRS, report thatwe have had under consideration H 625 and report it back withamendments attached to be placed on General Orders forconsideration. DEAL, Chairman




House of RepresentativesState of Idaho

February 12, 2004

The Honorable Dell RaybouldChairman, Environmental Affairs Committee

Dear Representative Raybould:

I hereby designate the Environmental Affairs Committee aprivileged committee for the purpose of introducing RS 13801 onTuesday, February 17, 2004.

Sincerely, /s/ BRUCE NEWCOMB


The letter was ordered filed in the Office of the Chief Clerk.





WHEREAS, state financial regulators and attorneys generalhave a long history of protecting consumers from predatorylending and other lending abuses; and

WHEREAS, state financial regulators aggressively promoteaccess to healthy, comprehensive, and competitive financialservices for their citizens; and

WHEREAS, on January 7, 2004, the federal Office of theComptroller of the Currency (OCC) finalized rules that preemptmost state consumer protection laws and enforcement of thoselaws as they apply to national banks, their operating subsidiariesand agents; and

WHEREAS, the sweeping OCC rules reach beyondpreempting state laws and enforcement for national banks, andalso prohibit the states from licensing, examining and otherwiseregulating state-chartered corporations that are subsidiaries ofnational banks, like mortgage brokers and mortgage lenders,finance companies, and other nondepository lending companies;and

WHEREAS, the OCC has no office in Idaho, is not listed inIdaho telephone books, and has no other local presence in Idaho,and under the OCC rules, Idaho consumers with complaintsregarding national banks and their subsidiaries would be referredto one OCC office in Texas; and

WHEREAS, the OCC ignored calls from members ofCongress, the National Governors Association, NationalAssociation of Attorneys General, National Conference of StateLegislatures, Conference of State Bank Supervisors, NorthAmerican Securities Administrators Association, AmericanAssociation of Residential Mortgage Regulators, major consumergroups and state financial regulators, for congressional oversightand review of the impact of the rules, and finalized the ruleswhile Congress was in recess; and

WHEREAS, the OCC preemption threatens to undermine theunique American dual banking system that promotes the strongestbanking market in the world and provides critical fuel to theeconomy of the United States; and

WHEREAS, the OCC' s rules radically rewrite thetime-honored standard for federal preemption of state laws asinterpreted by courts and intended by Congress; and

WHEREAS, the federalist system is based upon belief in adecentralized government, with authority given to the states andthe federal government, and the OCC' s rules centralizeregulatory power in the hands of a single individual - theComptroller; and

WHEREAS, Congress has authority over this federalregulatory agency that is not operating in the best interest of thenation' s banking system and economy; and

WHEREAS, both houses of Congress have either held orscheduled oversight hearings to address the OCC' s preemptionrules.

NOW, THEREFORE, BE IT RESOLVED by the membersof the Second Regular Session of the Fifty-seventh IdahoLegislature, the House of Representatives and the Senateconcurring therein, that the Idaho Legislature is committed tomaintaining the role of the states in enforcement of consumerprotection laws and in dual regulation of financial institutions,and it opposes any federal rule that undermines this stateauthority, including the OCC' s rules preempting state consumerprotection laws and enforcement that apply to national banks,their operating subsidiaries and agents.

BE IT FURTHER RESOLVED that the Legislature of theState of Idaho urges Congress to carefully review the actions ofthe OCC, reestablish a balance of power between state andfederal laws in a way that benefits consumers, all financialinstitutions and our economy, restore the dual banking system,and reassert its authority over federal banking policy.



SCR 122, by Health and Welfare Committee, wasintroduced, read the first time by title, and referred to the Healthand Welfare Committee.




AN ACTRE L A T I N G T O T H E I N SP E C T I O N AN D

MAINTENANCE OF MOTOR VEHICLES TO CONTROLAND MANAGE EMISSION OF AIR POLLUTION;AMENDING CHAPTER 1, TITLE 39, IDAHO CODE, BYTHE ADDITION OF A NEW SECTION 39-116B, IDAHOCODE, TO PROVIDE FOR THE ADOPTION OF MOTORVEHICLE EMISSIONS CONTROL PROGRAMS BYCOUNTIES AND CITIES IN CERTAIN COUNTIES AND TOPROVIDE PROCEDURES.


AN ACTAPPROPRIATING MONEYS TO THE OFFICE OF THE

GOVERNOR FOR THE OFFICE OF SPECIESCONSERVATION FOR FISCAL YEAR 2005; AND LIMITINGTHE NUMBER OF FULL-TIME EQUIVALENT POSITIONS.


AN ACTRELATING TO EXEMPTIONS FROM TAXATION;

AMENDING CHAPTER 6, TITLE 63, IDAHO CODE, BYTHE ADDITION OF A NEW SECTION 63-602HH, IDAHOCODE, TO PROVIDE AN EXEMPTION FROM PROPERTYTAX OF ONE HUNDRED FIFTY THOUSAND DOLLARS OFMARKET VALUE FOR ASSESSMENT PURPOSES FOR THEOWNER-OCCUPIED HOMESTEAD OF AN INDIVIDUALSEVENTY YEARS OF AGE OR OLDER WHO IS THERECORD OWNER HOLDING TITLE IN FEE SIMPLE ORWHO HAS RETAINED OR BEEN GRANTED A LIFEESTATE, AND WHO OCCUPIES THE HOMESTEAD ASTHE INDIVIDUAL' S PRIMARY DWELLING PLACE; ANDPROVIDING AN EFFECTIVE DATE.


AN ACTRELATING TO COMMUNITY COLLEGES AND

TUITION PAYMENTS BY A RESIDENT COUNTY;AMENDING SECTION 33-2110A, IDAHO CODE, TOREVISE THE LIABILITY LIMITS OF A COUNTY WHICH ISLIABLE FOR OUT OF DISTRICT TUITION AND TO MAKETECHNICAL CORRECTIONS.




H 691 and HCR 39, by State Affairs Committee, were readthe second time by title and filed for third reading.

H 602, by Education Committee, was read the second timeby title and filed for third reading.

There being no objection, the House advanced to the TwelfthOrder of Business.

Consideration of General Orders

Mr. Denney moved that the House do now resolve itself intoa Committee of the Whole House for the consideration of GeneralOrders. Seconded by Ms. Jaquet. Motion carried.

Whereupon the House resolved itself into a Committee of theWhole House for the consideration of General Orders withMr. Moyle in the Chair.

When the Committee of the Whole House rose, the Speakerreturned to the Chair and the House was in order.

Report of the Committee of the Whole House


We, your COMMITTEE OF THE WHOLE HOUSE, reportthat we have had under consideration H 508, H 512, H 499,H 587, H 558, H 590, H 482, and H 579 and report them backwithout recommendation, amended as follows:

HOUSE AMENDMENT TO H 508

AMENDMENT TO SECTION 1On page 2 of the printed bill, in line 23, delete "licensed" and

insert: "authorized".

CORRECTION TO TITLEOn page 1, in line 8, delete "LICENSED" and insert:

"AUTHORIZED".


AMENDMENT TO SECTION 1On page 1 of the printed bill, in line 18, following "state"

insert: "under section 41-402, Idaho Code,".

CORRECTION TO TITLEOn page 1, in line 4, following "LIABILITY" insert:

"UNDER SECTION 41-402, IDAHO CODE,".


AMENDMENT TO SECTION 1On page 1 of the printed bill, in line 19, following "Code."

insert: "An insurer that is exempt from the premium tax imposedby section 41-402, Idaho Code, may offset its premium taxliability to the industrial administration fund.".

CORRECTION TO TITLEOn page 1, in line 5, following "ASSOCIATION" insert: ",

TO PROVIDE FOR INSURERS THAT ARE EXEMPT FROMTHE PREMIUM TAX IMPOSED UNDER SECTION 41-402,IDAHO CODE,".



AMENDMENT TO SECTION 1On page 1 of the printed bill, in line 13, following

"amendment" insert: "to an insurer' s articles of incorporation".

CORRECTION TO TITLEOn page 1, in line 4, following "LAW" insert: "AND TO

PROVIDE THAT NO SUCH AMENDMENT TO ANINSURER' S ARTICLES OF INCORPORATION SHALL BEEFFECTUATED UNTIL A FULLY EXECUTED COPY OFTHE CERTIFICATE OF AMENDMENTS HAS BEEN FILEDWITH AND APPROVED BY THE DIRECTOR".


AMENDMENT TO SECTION 1On page 1 of the printed bill, delete lines 28 and 29.

CORRECTION TO TITLEOn page 1, delete lines 6 through 8 and insert:

"PROSECUTING ATTORNEY.".


AMENDMENT TO SECTION 1On page 4 of the printed bill, delete lines 12 through 19 and

insert:"(25) The physical voter registration card on file in the

county clerk' s office; however, a redacted copy of said card shallbe made available consistent with the requirements of thissection. Information from the voter registration card maintainedin the statewide voter registration database, including age, will bemade available except for the voter' s driver' s license number,date of birth and, upon showing of good cause by the voter to thecounty clerk in consultation with the county prosecuting attorney,the physical residence address of the voter. For the purposes ofthis subsection good cause shall include the protection of life andproperty and protection of victims of domestic violence andsimilar crimes.".

AMENDMENT TO SECTION 2On page 4, delete lines 32 through 36 and insert: "Such cards

constitute the register of electors and shall be consideredconfidential and unavailable for public inspection and copyingexcept as provided by subsection (25) of section 9-340C, IdahoCode.".

CORRECTIONS TO TITLEOn page 1, in line 3 following "EXEMPT" insert:

"CERTAIN INFORMATION FROM" and in line 4, delete"EXEMPTIONS" and insert: "EXCEPTIONS".


AMENDMENTS TO SECTION 1On page 1 of the printed bill, in line 22, following "known"

insert: "obesity-related"; in line 28, following "known" insert:"obesity-related"; on page 2, in line 7, following "known" insert:"obesity-related"; and in line 8, delete "a condition" and insert:"an obesity-related condition".


AMENDMENTS TO SECTION 1On page 2 of the printed bill, delete line 22 and insert:"Controlled Hunt Permit 56.00 56.00";

and on page 3, delete line 4 and insert:"Controlled Hunt Application Fee 5.004.50 5.004.50".


AMENDMENT TO SECTION 1On page 2 of the printed bill, in line 36, delete "6042" and

insert: "15043".

We have also had under consideration H 544, report progressand beg leave to sit again.

MOYLE, Chairman

Mr. Moyle moved that the report be adopted. Seconded byMr. Denney.

Whereupon the Speaker declared the report adopted.

H 508, as amended, H 512, as amended, H 499, as amended,H 587, as amended, H 558, as amended, H 590, as amended,H 482, as amended, and H 579, as amended, were referred to theJudiciary, Rules, and Administration Committee for engrossing.

H 544 was retained on General Orders.

The amendments were referred to Judiciary, Rules, andAdministration committee for printing.







Bedke, Bell, Black, Block, Boe, Bolz, Bradford, Campbell,Cannon, Clark, Collins, Crow, Deal, Denney, Douglas, Eberle,Edmunson, Ellsworth, Eskridge, Field(18), Field(23), Gagner,Garrett, Harwood, Henbest, Jaquet, Kellogg(Nonini), Kulczyk,Lake, Langford, Langhorst, Martinez, McGeachin, McKague,Meyer, Miller, Mitchell, Moyle, Naccarato, Nielsen,Pasley-Stuart, Raybould, Ridinger, Ring, Ringo, Roberts,Robison, Rydalch, Sali, Sayler, Schaefer, Shepherd, Shirley,Skippen, Smith(30), Smith(24), Smylie, Snodgrass, Trail, Wills,Wood, Mr. Speaker. Total -- 67.

NAYS -- None.Absent and excused -- Cuddy, Jones, Stevenson. Total -- 3.Total -- 70.





RECESS

Afternoon Session

The House reconvened at 1 p.m., Mr. Denney in the Chair.

Roll call showed 67 members present.Absent and excused -- Eskridge, Stevenson, Mr. Speaker.





At this time, the Speaker Pro Tem recognized Mr. Snodgrassto open debate.



Block, Boe, Bolz, Bradford, Campbell, Cannon, Clark, Collins,Crow, Cuddy, Deal, Denney, Douglas, Eberle, Ellsworth,Field(18), Field(23), Gagner, Garrett, Harwood, Henbest,Jaquet, Kellogg(Nonini), Kulczyk, Lake, Langford, Langhorst,Martinez, Meyer, Miller , Mitchell, Moyle, Nielsen,Pasley-Stuart, Raybould, Ridinger, Ring, Ringo, Roberts,Robison, Rydalch, Sali, Sayler, Schaefer, Shepherd, Shirley,Skippen, Smith(30), Smith(24), Smylie, Snodgrass, Trail, Wills,Wood. Total -- 60.

NAYS -- None.Absent and excused -- Barraclough, Black, Edmunson,

Eskridge, Jones, McGeachin, McKague, Naccarato, Stevenson,Mr. Speaker. Total -- 10.

Total -- 70.



At this time, the Speaker Pro Tem recognized Mr. Eberle toopen debate.



Block, Boe, Bolz, Bradford, Campbell, Cannon, Clark, Collins,Crow, Cuddy, Denney, Douglas, Eberle, Ellsworth, Field(18),Field(23), Gagner, Garrett, Harwood, Henbest, Jaquet,Kellogg(Nonini), Kulczyk, Lake, Langford, Langhorst,Martinez, Meyer, Miller, Mitchell, Moyle, Nielsen,Pasley-Stuart, Raybould, Ridinger, Ring, Ringo, Roberts,Robison, Rydalch, Sali, Sayler, Schaefer, Shepherd, Shirley,Skippen, Smith(30), Smith(24), Smylie, Snodgrass, Trail, Wills,Wood. Total -- 59.

NAYS -- None.Absent and excused -- Barraclough, Black, Deal, Edmunson,

Eskridge, Jones, McGeachin, McKague, Naccarato, Stevenson,Mr. Speaker. Total -- 11.

Total -- 70.



At this time, the Speaker Pro Tem recognized Mr. Gagner toopen debate.



Bedke, Bell, Block, Boe, Bolz, Bradford, Campbell, Cannon,Clark, Collins, Crow, Cuddy, Deal, Denney, Douglas, Eberle,Edmunson, Ellsworth, Field(18), Field(23), Gagner, Garrett,Harwood, Henbest, Jaquet, Kellogg(Nonini), Kulczyk, Lake,Langford, Langhorst, Martinez, Meyer, Miller, Mitchell, Moyle,Naccarato, Nielsen, Pasley-Stuart, Raybould, Ridinger, Ring,Ringo, Roberts, Robison, Rydalch, Sali, Sayler, Schaefer,Shepherd, Shirley, Skippen, Smith(30), Smith(24), Smylie,Snodgrass, Trail, Wills, Wood. Total -- 63.

NAYS -- None.Absent and excused -- Black, Eskridge, Jones, McGeachin,

McKague, Stevenson, Mr. Speaker. Total -- 7.Total -- 70.



At this time, the Speaker Pro Tem recognized Mr. Meyer toopen debate.



Bedke, Bell, Block, Boe, Bolz, Bradford, Campbell, Cannon,Clark, Collins, Crow, Cuddy, Deal, Denney, Douglas, Eberle,Edmunson, Ellsworth, Field(18), Field(23), Gagner, Garrett,


Harwood, Henbest, Jaquet, Kellogg(Nonini), Kulczyk, Lake,Langford, Langhorst, Martinez, McGeachin, Meyer, Miller,Mitchell, Moyle, Naccarato, Nielsen, Pasley-Stuart, Raybould,Ridinger, Ring, Ringo, Roberts, Robison, Rydalch, Sali, Sayler,Schaefer, Shepherd, Shirley, Skippen, Smith(30), Smith(24),Smylie, Snodgrass, Trail, Wills, Wood. Total -- 64.

NAYS -- None.Absent and excused -- Black, Eskridge, Jones, McKague,

Stevenson, Mr. Speaker. Total -- 6.Total -- 70.



At this time, the Speaker Pro Tem recognized Mr. Edmunsonto open debate.



Bedke, Bell, Block, Boe, Bolz, Bradford, Campbell, Cannon,Clark, Collins, Crow, Cuddy, Deal, Denney, Douglas, Eberle,Edmunson, Ellsworth, Field(18), Field(23), Gagner, Garrett,Harwood, Henbest, Jaquet, Kellogg(Nonini), Kulczyk, Lake,Langford, Langhorst, Martinez, McGeachin, Meyer, Miller,Mitchell, Moyle, Naccarato, Nielsen, Pasley-Stuart, Raybould,Ridinger, Ring, Ringo, Roberts, Robison, Rydalch, Sali, Sayler,Schaefer, Shepherd, Shirley, Skippen, Smith(30), Smith(24),Smylie, Snodgrass, Trail, Wills, Wood. Total -- 64.

NAYS -- None.Absent and excused -- Black, Eskridge, Jones, McKague,




At this time, the Speaker Pro Tem recognized Mr. Wills toopen debate.



Black, Block, Bolz, Bradford, Campbell, Cannon, Clark,Collins, Crow, Cuddy, Deal, Denney, Douglas, Eberle,Edmunson, Ellsworth, Field(18), Field(23), Gagner, Garrett,Harwood, Henbest, Jaquet, Jones, Kellogg(Nonini), Kulczyk,Lake, Langford, Langhorst, Martinez, McGeachin, Meyer,Miller, Mitchell, Naccarato, Nielsen, Pasley-Stuart, Raybould,Ridinger, Ring, Roberts, Robison, Rydalch, Sali, Sayler,

Schaefer, Shepherd, Shirley, Skippen, Smith(30), Smith(24),Smylie, Snodgrass, Trail, Wills, Wood. Total -- 62.

NAYS -- Barrett, Boe, McKague, Moyle, Ringo. Total -- 5.Absent and excused -- Eskridge, Stevenson, Mr. Speaker.




At this time, the Speaker Pro Tem recognized Mr. Deal andMs. Skippen to open debate.



Black, Block, Boe, Bolz, Bradford, Campbell, Cannon, Collins,Crow, Cuddy, Deal, Denney, Douglas, Edmunson, Ellsworth,Field(18), Field(23), Gagner, Garrett, Harwood, Henbest,Jaquet, Jones, Kellogg(Nonini), Lake, Langford, Langhorst,Martinez, McGeachin, McKague, Meyer, Miller, Mitchell,Moyle, Nielsen, Pasley-Stuart, Raybould, Ridinger, Ring, Ringo,Roberts, Robison, Rydalch, Sali, Sayler, Schaefer, Shepherd,Shirley, Skippen, Smith(30), Smith(24), Smylie, Snodgrass,Trail, Wills, Wood. Total -- 62.

NAYS -- Barrett, Clark, Eberle, Kulczyk, Naccarato.Total -- 5.

Absent and excused -- Eskridge, Stevenson, Mr. Speaker.Total -- 3.

Total -- 70.






Bedke, Bell, Black, Block, Boe, Bolz, Bradford, Campbell,Cannon, Clark, Collins, Crow, Cuddy, Deal, Denney, Douglas,Eberle, Edmunson, Ellsworth, Field(18), Field(23), Gagner,Garrett, Harwood, Henbest, Jaquet, Jones, Kellogg(Nonini),Kulczyk, Lake, Langford, Langhorst, Martinez, McGeachin,McKague, Meyer, Miller, Mitchell, Moyle, Naccarato, Nielsen,Pasley-Stuart, Raybould, Ridinger, Ring, Ringo, Roberts,Robison, Rydalch, Sali, Sayler, Schaefer, Shepherd, Shirley,Skippen, Smith(30), Smith(24), Smylie, Snodgrass, Trail, Wills,Wood. Total -- 67.

NAYS -- None.Absent and excused -- Eskridge, Stevenson, Mr. Speaker.





At this time, the Speaker Pro Tem recognized Mrs. Crow toopen debate.



Bedke, Bell, Black, Boe, Bolz, Bradford, Campbell, Cannon,Clark, Collins, Crow, Cuddy, Deal, Denney, Douglas, Eberle,Edmunson, Ellsworth, Field(18), Field(23), Gagner, Garrett,Harwood, Henbest, Jaquet, Jones, Kellogg(Nonini), Kulczyk,Langford, Langhorst, Martinez, McGeachin, McKague, Meyer,Miller, Mitchell, Moyle, Naccarato, Nielsen, Pasley-Stuart,Raybould, Ridinger, Ring, Ringo, Roberts, Robison, Rydalch,Sali, Sayler, Schaefer, Shepherd, Shirley, Skippen, Smith(30),Smith(24), Smylie, Snodgrass, Trail, Wills, Wood. Total -- 65.

NAYS -- None.Absent and excused -- Block, Eskridge, Lake, Stevenson,

Mr. Speaker. Total -- 5.Total -- 70.


Mr. Moyle asked unanimous consent that S 1222 retain itsplace on the Third Reading Calendar for one Legislative Day.There being no objection, it was so ordered.


At this time, the Speaker Pro Tem recognized Mr. Collins toopen debate.



Black, Boe, Bolz, Bradford, Campbell, Cannon, Clark, Collins,Crow, Cuddy, Deal, Denney, Douglas, Eberle, Edmunson,Field(18), Field(23), Gagner, Garrett, Harwood, Henbest,Jaquet, Jones, Kellogg(Nonini), Kulczyk, Lake, Langford,Langhorst, Martinez, McGeachin, McKague, Meyer, Miller,Mitchell, Moyle, Naccarato, Nielsen, Pasley-Stuart, Raybould,Ridinger, Ring, Ringo, Roberts, Robison, Rydalch, Sali, Sayler,Schaefer, Shepherd, Shirley, Skippen, Smith(30), Smith(24),Smylie, Snodgrass, Trail, Wills, Wood. Total -- 64.

NAYS -- None.Absent and excused -- Bedke, Block, Ellsworth, Eskridge,




At this time, the Speaker Pro Tem recognized Mr. Shirley toopen debate.



Black, Boe, Bolz, Bradford, Campbell, Cannon, Clark, Collins,Crow, Cuddy, Deal, Denney, Douglas, Eberle, Edmunson,Field(18), Field(23), Gagner, Garrett, Harwood, Henbest,Jaquet, Jones, Kellogg(Nonini), Kulczyk, Lake, Langford,Langhorst, Martinez, McGeachin, McKague, Meyer, Miller,Moyle, Naccarato, Nielsen, Pasley-Stuart, Raybould, Ridinger,Ring, Ringo, Roberts, Robison, Rydalch, Sali, Sayler, Schaefer,Shepherd, Shirley, Skippen, Smith(30), Smith(24), Smylie,Snodgrass, Trail, Wills, Wood. Total -- 63.

NAYS -- None.Absent and excused -- Bedke, Block, Ellsworth, Eskridge,

Mitchell, Stevenson, Mr. Speaker. Total -- 7.Total -- 70.


HJM 15 was read the third time at length and placed beforethe House for final consideration.

At this time, the Speaker Pro Tem recognized Ms. Skippen toopen debate.

The question being, "Shall HJM 15 be adopted?"

Whereupon the Speaker Pro Tem declared HJM 15 adoptedby voice vote and ordered the memorial transmitted to the Senate.



Adjournment


Whereupon the Speaker Pro Tem declared the Houseadjourned at 2:13 p.m.




THIRTY-EIGHTH LEGISLATIVE DAYWEDNESDAY, FEBRUARY 18, 2004



Roll call showed 68 members present.Absent and excused -- Block, Cuddy. Total -- 2.Total -- 70.


The Pledge of Allegiance was led by Jesse Stricklin, Page.



ADMINISTRATION, report that we have read and approved theHouse Journal of the Thirty-seventh Legislative Day andrecommend that same be adopted as corrected.

FIELD(18), Chairman




I transmit herewith SJM 107, S 1227, S 1228, S 1226,S 1276, and S 1291 which have passed the Senate.

WOOD, Secretary

SJM 107, S 1227, S 1228, S 1226, S 1276, and S 1291 werefiled for first reading.



We, your COMMITTEE ON JUDICIARY, RULES, ANDADMINISTRATION report that we have printed HJM 20,H 714, H 715, H 716, and H 717, and House Amendments toH 508, H 512, H 499, H 587, H 558, H 590, H 482, and H 579.

FIELD(18), Chairman



HJM 20 and H 715 were filed for second reading.


We, your COMMITTEE ON JUDICIARY, RULES, ANDADMINISTRATION, report that we have engrossed H 508, asamended, H 512, as amended, H 499, as amended, H 587, asamended, H 558, as amended, H 590, as amended, H 482, asamended, and H 579, as amended.

FIELD(18), Chairman

H 508, as amended, H 512, as amended, H 499, as amended,H 587, as amended, H 558, as amended, H 590, as amended,H 482, as amended, and H 579, as amended, were filed for firstreading of engrossed bills.


We, your COMMITTEE ON HEALTH AND WELFARE,report that we have had under consideration H 656 andrecommend that it do pass.

SALI, Chairman



We, your COMMITTEE ON WAYS AND MEANS, reportthat we have had under consideration H 582 and recommend it bereferred to the Revenue and Taxation Committee.

MEYER, Chairman



We, your COMMITTEE ON REVENUE AND TAXATION,report that we have had under consideration H 649, H 651, andH 661 and recommend that they do pass.

CROW, Chairman



We, your COMMITTEE ON RESOURCES ANDCONSERVATION, report that we have had under considerationH 670, S 1229, and S 1230 and recommend that they do pass.

STEVENSON, Chairman

H 670, S 1229, and S 1230 were filed for second reading.


We, your COMMITTEE ON BUSINESS, report that we havehad under consideration H 570, H 618, H 619, and H 622 andrecommend that they do pass.

BLACK, Chairman



We, your COMMITTEE ON COMMERCE AND HUMANRESOURCES, report that we have had under considerationH 638 and recommend that it do pass.

SCHAEFER, Chairman




We, your COMMITTEE ON JUDICIARY, RULES, ANDADMINISTRATION, report that we have had underconsideration H 571, H 642, H 643, H 644, and H 668 andrecommend that they do pass. FIELD(18), Chairman




FIELD(18), Chairman



We, your COMMITTEE ON STATE AFFAIRS, report thatwe have had under consideration H 693, H 692, and S 1253 andrecommend that they do pass. DEAL, Chairman

H 693, H 692, and S 1253 were filed for second reading.



SJM 107, by Transportation Committee, was introduced,read the first time by title, and referred to the Transportation andDefense Committee.



AN ACTAPPROPRIATING MONEYS TO THE DEPARTMENT

OF PARKS AND RECREATION FOR FISCAL YEAR 2005;LIMITING THE NUMBER OF AUTHORIZED FULL-TIMEEQUIVALENT POSITIONS; REAPPROPRIATING CERTAINFUNDS FOR CAPITAL OUTLAY; AUTHORIZING THECONTINUOUS APPROPRIATION OF CERTAIN FUNDS TOOPERATE THE DEPARTMENT' S ENTREPRENEURIALBUDGET SYSTEM; REAPPROPRIATING CERTAIN FUNDSFOR THE BRUNEAU DUNES SCIENCE CENTERCHALLENGE GRANT PROGRAM; APPROPRIATINGMONEYS TO THE LAVA HOT SPRINGS FOUNDATIONFOR FISCAL YEAR 2005; AND LIMITING THE NUMBEROF AUTHORIZED FULL-TIME EQUIVALENT POSITIONS.

HOUSE BILL NO. 719 BY WAYS AND MEANS COMMITTEE

AN ACTRELATING TO ANIMAL DISEASE CONTROL;

AMENDING CHAPTER 2, TITLE 25, IDAHO CODE, BYTHE ADDITION OF A NEW SECTION 25-207B, IDAHOCODE, TO AUTHORIZE THE DIVISION OF ANIMAL

INDUSTRIES TO PROMULGATE RULES FOR THEIDENTIFICATION OF LIVESTOCK, POULTRY OR FISHAND TO PROVIDE FOR REGISTRATION OF PREMISESWHERE LIVESTOCK, POULTRY OR FISH ARE HELD.


AN ACTRELATING TO INCOME TAXES; AMENDING

SECTION 63-3004, IDAHO CODE, TO UPDATEREFERENCES TO THE INTERNAL REVENUE CODE;AMENDING SECTION 63-3022O, IDAHO CODE, TO MAKETECHNICAL CHANGES, TO PROVIDE THE ADJUSTEDBASIS OF DEPRECIABLE PROPERTY, DEPRECIATIONAND CAPITAL GAINS AND LOSSES SHALL BECOMPUTED WITHOUT REGARD TO SUBSECTION (k) OFSECTION 168 OF THE INTERNAL REVENUE CODE, TOPROVIDE THAT NO DEDUCTION SHALL BE ALLOWEDRELATING TO EXPENSES OF ELEMENTARY ANDSECONDARY TEACHERS OTHERWISE ALLOWABLEUNDER SECTION 62(a)(2)(D) OF THE INTERNALREVENUE CODE AND TO EXTEND THE STATUTE OFLIMITATIONS ON ASSESSMENTS AND REFUNDS INREGARD TO THE ADJUSTED BASIS OF CERTAINPROPERTY SUBJECT TO SECTION 63-3022O, IDAHOCODE; DECLARING AN EMERGENCY AND PROVIDINGRETROACTIVE APPLICATION.



OF FISH AND GAME FOR FISCAL YEAR 2005; ANDLIMITING THE NUMBER OF AUTHORIZED FULL-TIMEEQUIVALENT POSITIONS.


AN ACTAPPROPRIATING MONEYS TO THE CATASTROPHIC

HEALTH CARE COST FUND FOR FISCAL YEAR 2005.


AN ACTAPPROPRIATING MONEYS TO THE PUBLIC HEALTH

TRUST FUND FOR THE PUBLIC HEALTH DISTRICTS FORFISCAL YEAR 2005.


AN ACTRELATING TO PREMIUM TAXES; AMENDING

SECTION 41-402, IDAHO CODE, TO REVISE THE RATE OFPREMIUM TAX; AMENDING SECTION 41-403, IDAHOCODE, TO REVISE THE PERCENTAGE OF ASSETSREQUIRED FOR REDUCED PREMIUM TAXES AND TOPROVIDE CODE REFERENCES; REPEALING SECTION41-403, IDAHO CODE, RELATING TO REDUCED TAXESBASED ON IDAHO INVESTMENTS; AND PROVIDINGEFFECTIVE DATES.




41-4003, IDAHO CODE, TO PROVIDE THAT NOREGISTRATION IS REQUIRED FOR ANY SELF-FUNDEDPLAN ADMINISTERED BY OR FOR ANY CITY, HIGHWAYDISTRICT, SCHOOL DISTRICT OR HOSPITAL DISTRICTAND TO MAKE A TECHNICAL CORRECTION.


AN ACTR E L A T ING TO THE PUBLIC EMPLOYEE

RETIREMENT SYSTEM; AMENDING SECTION 59-1319,IDAHO CODE, TO PROVIDE CIRCUMSTANCES WHENTHE ALTERNATE PAYEE IS THE MEMBER' S NAMEDCONTINGENT ANNUITANT AND IS WAIVING ALLSURVIVOR BENEFITS AS THE NAMED CONTINGENTANNUITANT; AMENDING SECTION 59-1320, IDAHOCODE, TO PROVIDE FOR ADJUSTMENT OF A MEMBER' SBENEFIT IF AN ALTERNATE PAYEE WAIVES ALLSURVIVOR BENEFITS OTHERWISE PAYABLE AS ACONTINGENT ANNUITANT; AND AMENDING SECTION59-1351, IDAHO CODE, TO PROVIDE FOR THE PAYMENTOF BENEFITS WHEN SURVIVOR BENEFITS ARE WAIVEDPURSUANT TO A DOMESTIC RETIREMENT ORDER.


AN ACTRELATING TO ADULT AND JUVENILE SEX

OFFENDERS; AMENDING CHAPTER 83, TITLE 18, IDAHOCODE, BY THE ADDITION OF A NEW SECTION 18-8327,IDAHO CODE, TO PROVIDE PROHIBITEDEMPLOYMENT LOCATIONS AND P ROHIBITEDBEHAVIOR OF ADULT SEX OFFENDERS AND OWNERSAND OPERATORS OF DAY CARES AND TO PROVIDEPENALTIES; AMENDING CHAPTER 84, TITLE 18, IDAHOCODE, BY THE ADDITION OF A NEW SECTION 18-8414,IDAHO CODE, TO PROVIDE PROHIBITED EMPLOYMENTLOCATIONS AND PROHIBITED BEHAVIOR OF AJUVENILE SEX OFFENDER AND OWNERS ANDOPERATORS OF DAY CARES AND TO PROVIDEPENALTIES; AMENDING SECTION 20-505, IDAHO CODE,TO WAIVE JUVENILE CORRECTIONS ACT JURISDICTIONOVER CERTAIN JUVENILE SEX OFFENDERS; AMENDINGSECTION 18-8307, IDAHO CODE, TO PROVIDE FORNOTIFICATION TO SEX OFFENDERS OF PROHIBITEDCONDUCT; AMENDING SECTION 18-8407, IDAHO CODE,TO PROVIDE FOR NOTIFICATION TO JUVENILE SEXOFFENDERS OF PROHIBITED CONDUCT; ANDAMENDING CHAPTER 83, TITLE 18, IDAHO CODE, BYTHE ADDITION OF A NEW SECTION 18-8328, IDAHOCODE, TO PROVIDE FOR JUDICIAL RELIEF FOR ADULTOR JUVENILE SEX OFFENDERS.


AN ACTRELATING TO TEACHERS; AMENDING CHAPTER 12,

TITLE 33, IDAHO CODE, BY THE ADDITION OF A NEWSECTION 33-1213, IDAHO CODE, TO AUTHORIZE

REQUIREMENT OF TECHNOLOGY PROFICIENCY, TOPROVIDE EXCEPTIONS AND TO PROVIDE THAT AWAIVER PROCESS SHALL BE ADOPTED.

H 718, H 719, H 720, H 721, H 722, H 723, H 724, H 725,H 726, H 727, and H 728 were introduced, read the first time bytitle, and referred to the Judiciary, Rules, and AdministrationCommittee for printing.

S 1227 and S 1228, by Judiciary and Rules Committee, wereintroduced, read the first time by title, and referred to theBusiness Committee.

S 1226 and S 1276, by Commerce and Human ResourcesCommittee, were introduced, read the first time by title, andreferred to the Commerce and Human Resources Committee.


First Reading of Engrossed Bills

H 508, as amended, and H 558, as amended, by State AffairsCommittee, were introduced, read the first time by title and filedfor second reading.

H 512, as amended, by Revenue and Taxation Committee,was introduced, read the first time by title and filed for secondreading.

H 499, as amended, by Business Committee, was introduced,read the first time by title and filed for second reading.

H 587, as amended, and H 590, as amended, by Judiciary,Rules, and Administration Committee, were introduced, read thefirst time by title and filed for second reading.

H 482, as amended, by Resources and ConservationCommittee, was introduced, read the first time by title and filedfor second reading.

H 579, as amended, by Health and Welfare Committee, wasintroduced, read the first time by title and filed for secondreading.


H 616, H 684, and HCR 45, by Transportation and DefenseCommittee, were read the second time by title and filed for thirdreading.








Bedke, Bell, Black, Boe, Bolz, Bradford, Campbell, Cannon,Clark, Collins, Crow, Deal, Denney, Douglas, Eberle,Ellsworth, Eskridge, Field(18), Field(23), Gagner, Garrett,Harwood, Henbest, Jaquet, Jones, Kellogg(Nonini), Kulczyk,Lake, Langford, Langhorst, Martinez, McGeachin, Meyer,Miller, Mitchell, Moyle, Naccarato, Pasley-Stuart, Raybould,Ridinger, Ring, Ringo, Roberts, Robison, Rydalch, Sali, Sayler,Schaefer, Shepherd, Shirley, Skippen, Smith(30), Smith(24),Smylie, Snodgrass, Stevenson, Trail, Wood, Mr. Speaker.Total -- 64.

NAYS -- McKague. Total -- 1.Absent and excused -- Block, Cuddy, Edmunson, Nielsen,

Wills. Total -- 5.Total -- 70.






Bedke, Bell, Black, Boe, Bolz, Bradford, Campbell, Cannon,Clark, Collins, Crow, Deal, Denney, Douglas, Eberle,Ellsworth, Eskridge, Field(18), Field(23), Gagner, Garrett,Harwood, Jaquet, Jones, Kellogg(Nonini), Kulczyk, Lake,Langford, Martinez, McGeachin, McKague, Meyer, Miller,Mitchell, Moyle, Naccarato, Pasley-Stuart, Raybould, Ridinger,Ring, Ringo, Roberts, Robison, Rydalch, Sali, Sayler, Schaefer,Shepherd, Shirley, Skippen, Smith(30), Smith(24), Smylie,Snodgrass, Stevenson, Trail, Wood, Mr. Speaker. Total -- 63.

NAYS -- Henbest, Langhorst. Total -- 2.Absent and excused -- Block, Cuddy, Edmunson, Nielsen,





At this time, the Speaker recognized Mrs. Smith(30) to opendebate.



Bedke, Bell, Black, Boe, Bolz, Bradford, Campbell, Cannon,Clark, Collins, Crow, Deal, Denney, Douglas, Eberle,Ellsworth, Eskridge, Field(18), Field(23), Gagner, Garrett,Harwood, Henbest, Jaquet, Jones, Kellogg(Nonini), Kulczyk,Lake, Langford, Langhorst, Martinez, McGeachin, McKague,Meyer, Miller, Mitchell, Moyle, Naccarato, Pasley-Stuart,Raybould, Ridinger, Ring, Ringo, Roberts, Robison, Rydalch,Sali, Sayler, Schaefer, Shepherd, Shirley, Skippen, Smith(30),Smith(24), Smylie, Snodgrass, Stevenson, Trail, Wood,Mr. Speaker. Total -- 65.

NAYS -- None.Absent and excused -- Block, Cuddy, Edmunson, Nielsen,







Bedke, Bell, Black, Boe, Bolz, Bradford, Campbell, Cannon,Clark, Collins, Crow, Deal, Denney, Douglas, Eberle,Ellsworth, Eskridge, Field(18), Field(23), Gagner, Garrett,Harwood, Henbest, Jaquet, Jones, Kellogg(Nonini), Kulczyk,Lake, Langford, Langhorst, Martinez, McGeachin, McKague,Meyer, Miller, Moyle, Naccarato, Pasley-Stuart, Raybould,Ridinger, Ring, Ringo, Roberts, Robison, Rydalch, Sali, Sayler,Schaefer, Shepherd, Shirley, Skippen, Smith(30), Smith(24),Smylie, Snodgrass, Stevenson, Trail, Wood, Mr. Speaker.Total -- 64.

NAYS -- None.Absent and excused -- Block, Cuddy, Edmunson, Mitchell,

Nielsen, Wills. Total -- 6.Total -- 70.






Black, Boe, Bolz, Bradford, Campbell, Cannon, Clark, Collins,Crow, Deal, Denney, Douglas, Eberle, Edmunson, Ellsworth,


Field(18), Field(23), Gagner, Garrett, Harwood, Henbest,Jaquet, Jones, Kellogg(Nonini), Kulczyk, Lake, Langhorst,Martinez, McGeachin, McKague, Miller, Mitchell, Moyle,Naccarato, Pasley-Stuart, Raybould, Ring, Ringo, Robison,Rydalch, Sayler, Schaefer, Shepherd, Shirley, Skippen,Smith(30), Smith(24), Smylie, Snodgrass, Stevenson, Trail,Mr. Speaker. Total -- 58.

NAYS -- Barrett, Eskridge, Langford, Meyer, Ridinger,Roberts, Sali, Wood. Total -- 8.

Absent and excused -- Block, Cuddy, Nielsen, Wills.Total -- 4.

Total -- 70.






Bedke, Bell, Boe, Bolz, Bradford, Campbell, Cannon, Clark,Collins, Crow, Deal, Denney, Douglas, Eberle, Edmunson,Ellsworth, Eskridge, Field(18), Field(23), Gagner, Garrett,Harwood, Henbest, Jaquet, Jones, Kellogg(Nonini), Kulczyk,Lake, Langford, Langhorst, Martinez, McGeachin, McKague,Meyer, Miller, Mitchell, Moyle, Naccarato, Pasley-Stuart,Raybould, Ridinger, Ring, Ringo, Roberts, Robison, Rydalch,Sali, Sayler, Schaefer, Shepherd, Shirley, Skippen, Smith(30),Smith(24), Smylie, Snodgrass, Stevenson, Trail, Wood,Mr. Speaker. Total -- 65.

NAYS -- None.Absent and excused -- Black, Block, Cuddy, Nielsen, Wills.




At this time, the Speaker recognized Mr. Nonini to opendebate.



Bedke, Bell, Black, Boe, Bolz, Bradford, Campbell, Cannon,Clark, Collins, Crow, Cuddy, Deal, Denney, Douglas, Eberle,Edmunson, Ellsworth, Eskridge, Field(18), Field(23), Gagner,Garrett, Harwood, Henbest, Jaquet, Jones, Kellogg(Nonini),Kulczyk, Lake, Langford, Langhorst, Martinez, McGeachin,Meyer, Miller, Mitchell, Moyle, Naccarato, Pasley-Stuart,Ridinger, Ring, Ringo, Roberts, Robison, Rydalch, Sali, Sayler,

Schaefer, Shepherd, Shirley, Skippen, Smith(30), Smith(24),Smylie, Snodgrass, Stevenson, Trail, Wood, Mr. Speaker.Total -- 65.

NAYS -- None.Absent and excused -- Block, McKague, Nielsen, Raybould,





Adjournment

Mr. Denney moved that the House adjourn until 11 a.m.,Thursday, February 19, 2004. Seconded by Ms. Jaquet. Motioncarried.




THIRTY-NINTH LEGISLATIVE DAYTHURSDAY, FEBRUARY 19, 2004





The Pledge of Allegiance was led by Jenna Erlebach, Page.

Approval of Journal


We, your COMMITTEE ON JUDICIARY, RULES, ANDADMINISTRATION, report that we have read and approved theHouse Journal of the Thirty-eighth Legislative Day andrecommend that same be adopted as corrected.

FIELD(18), Chairman





February 18, 2004




H 565 and H 566


Governor


I return herewith enrolled H 510 which has been signed bythe President.

WOOD, Secretary



I transmit herewith SCR 124 and S 1277 which have passedthe Senate.

WOOD, Secretary

SCR 124 and S 1277 were filed for first reading.



We, your COMMITTEE ON JUDICIARY, RULES, ANDADMINISTRATION report that we have printed H 718, H 719,H 720, H 721, H 722, H 723, H 724, H 725, H 726, H 727, andH 728.

FIELD(18), Chairman









We, your COMMITTEE ON HEALTH AND WELFARE,report that we have had under consideration H 628 and report itback with amendments attached to be placed on General Ordersfor consideration. SALI, Chairman



We, your COMMITTEE ON LOCAL GOVERNMENT,report that we have had under consideration H 689 and H 690and recommend they be referred to the Revenue and TaxationCommittee. BARRETT, Chairman



We, your COMMITTEE ON AGRICULTURAL AFFAIRS,report that we have had under consideration H 683, H 681,H 680, and H 677 and recommend that they do pass.

JONES, Chairman



We, your COMMITTEE ON ENVIRONMENTALAFFAIRS, report that we have had under consideration HCR 40and recommend that it do pass.

RAYBOULD, Chairman



We, your COMMITTEE ON ENVIRONMENTALAFFAIRS, report that we have had under consideration H 676and report it back with amendments attached to be placed onGeneral Orders for consideration.

RAYBOULD, Chairman



We, your COMMITTEE ON TRANSPORTATION ANDDEFENSE, report that we have had under consideration H 655,H 654, and SJM 105 and recommend that they do pass.

WOOD, Chairman

H 655, H 654, and SJM 105 were filed for second reading.


We, your COMMITTEE ON HEALTH AND WELFARE,report that we have had under consideration HJM 17 and H 658and recommend that they do pass. SALI, Chairman




We, your COMMITTEE ON HEALTH AND WELFARE,report that we have had under consideration H 659 and report itback with amendments attached to be placed on General Ordersfor consideration.

SALI, Chairman



We, your COMMITTEE ON STATE AFFAIRS, report thatwe have had under consideration H 645, HCR 44, and S 1238and recommend that they do pass.

DEAL, Chairman

H 645, HCR 44, and S 1238 were filed for second reading.


We, your COMMITTEE ON REVENUE AND TAXATION,report that we have had under consideration H 663 andrecommend that it do pass.

CROW, Chairman




SCR 124, by Commerce and Human Resources Committee,was introduced, read the first time by title, and referred to theCommerce and Human Resources Committee.



AN ACTRELATING TO DEATH OF AN INFANT; AMENDING

SECTION 19-4301, IDAHO CODE, TO REQUIRE ANAUTOPSY UNDER SPECIFIED CONDITIONS OFUNEXPLAINED INFANT DEATH AND TO MAKE ATECHNICAL CORRECTION.


AN ACTRELATING TO LOCAL LAND USE PLANNING AND

APPLICABILITY TO AGRICULTURAL LAND; AMENDINGSECTION 67-6529, IDAHO CODE, TO STRIKE ARESTRICTION ENTITLING ONLY CERTAIN PERSONS TOPROVIDE COMMENT AT PUBLIC HEARINGS HELD BYBOARDS OF COUNTY COMMISSIONERS FOR THE SITINGOF CERTAIN LARGE CONFINED ANIMAL FEEDINGOPERATIONS AND FACILITIES.


AN ACTRELATING TO THE EMERGENCY MEDICAL

SERVICES FUND III; AMENDING SECTION 56-1018B,IDAHO CODE, TO PROVIDE ADDITIONAL CRITERIA TOGOVERN DISTRIBUTIONS FROM THE FUND AND TOCORRECT SUBSECTION REFERENCES.


AN ACTAPPROPRIATING MONEYS FOR THE PUBLIC

EMPLOYEE RETIREMENT SYSTEM FOR FISCAL YEAR2005; CLARIFYING THE APPROPRIATION FOR THEPORTFOLIO INVESTMENT PROGRAM; AND LIMITINGTHE NUMBER OF FULL-TIME EQUIVALENT POSITIONS.


AN ACTAPPROPRIATING MONEYS TO THE DIVISION OF

HUMAN RESOURCES FOR FISCAL YEAR 2005; ANDLIMITING THE NUMBER OF AUTHORIZED FULL-TIMEEQUIVALENT POSITIONS.



OF INSURANCE FOR FISCAL YEAR 2005; AND LIMITINGTHE NUMBER OF FULL-TIME EQUIVALENT POSITIONS.



OF FINANCE FOR FISCAL YEAR 2005; AND LIMITINGTHE NUMBER OF FULL-TIME EQUIVALENT POSITIONS.


AN ACTAPPROPRIATING MONEYS TO THE PUBLIC UTILITIES

COMMISSION FOR FISCAL YEAR 2005; AND LIMITINGTHE NUMBER OF FULL-TIME EQUIVALENT POSITIONS.


AN ACTAPPROPRIATING MONEYS TO THE IDAHO STATE

POLICE FOR FISCAL YEAR 2005; LIMITING THENUMBER OF AUTHORIZED FULL-TIME EQUIVALENTPOSITIONS; AND EXPRESSING LEGISLATIVE INTENTWITH REGARD TO SALARIES.



SECTION 36-2203, IDAHO CODE, TO REVISE STANDARDSRELATING TO SHOOTING PRESERVES AND TO PROVIDEFOR GRANDFATHER RIGHTS.



AN ACTRELATING TO PROPERTY EXEMPT FROM

TAXATION; AMENDING SECTION 63-602G, IDAHOC O D E , T O P RO V ID E A P RO CE D UR E FORDETERMINATION AND COLLECTION OF PROPERTYTAX MONEYS THAT WERE IMPROPERLY CLAIMED ORAPPROVED FOR THE FIFTY-FIFTY HOMEOWNER' SPROPERTY TAX EXEMPTION AND TO PROVIDEAPPLICATION OF MONEYS COLLECTED TO THE THREEPERCENT PROPERTY TAX CAP.

H 729, H 730, H 731, H 732, H 733, H 734, H 735, H 736,H 737, H 738, and H 739 were introduced, read the first time bytitle, and referred to the Judiciary, Rules, and AdministrationCommittee for printing.

S 1277, by Commerce and Human Resources Committee,was introduced, read the first time by title, and referred to theBusiness Committee.



HJM 20, H 693, H 692, H 508, as amended, and H 558, asamended, by State Affairs Committee, were read the second timeby title and filed for third reading.


H 656 and H 579, as amended, by Health and WelfareCommittee, were read the second time by title and filed for thirdreading.

H 649, H 651, H 661, and H 512, as amended, by Revenueand Taxation Committee, were read the second time by title andfiled for third reading.

H 670 and H 482, as amended, by Resources andConservation Committee, were read the second time by title andfiled for third reading.

S 1229 and S 1230, by Resources and EnvironmentCommittee, were read the second time by title and filed for thirdreading.

H 570, H 618, H 619, H 622, and H 499, as amended, byBusiness Committee, were read the second time by title and filedfor third reading.

H 638, by Commerce and Human Resources Committee, wasread the second time by title and filed for third reading.

H 571, H 642, H 643, H 644, H 668, H 587, as amended,and H 590, as amended, by Judiciary, Rules, and AdministrationCommittee, were read the second time by title and filed for thirdreading.




At this time, the Speaker recognized Mrs. Boe to opendebate.

Mr. Sali asked unanimous consent that H 627 retain its placeon the Third Reading Calendar for one Legislative Day. Therebeing no objection, it was so ordered.


At this time, the Speaker recognized Mrs. Ellsworth andMs. Jaquet to open debate.



Roll call resulted as follows:AYES -- Andersen, Bauer, Bayer, Bedke, Bell, Block, Boe,

Bolz, Bradford, Cannon, Collins, Crow, Cuddy, Denney,Douglas, Edmunson, Ellsworth, Garrett, Harwood, Henbest,Jaquet, Lake, Langford, Langhorst, Martinez, McGeachin,McKague, Meyer, Miller, Mitchell, Moyle, Naccarato, Nielsen,Pasley-Stuart, Raybould, Ridinger, Ring, Roberts, Robison, Sali,Schaefer, Shepherd, Shirley, Smith(30), Smylie, Trail, Wills,Wood. Total -- 48.

NAYS -- Barraclough, Barrett, Black, Campbell, Clark,Deal, Eberle, Eskridge, Field(18), Gagner, Kellogg(Nonini),Kulczyk, Ringo, Rydalch, Sayler, Skippen, Smith(24),Snodgrass, Stevenson. Total -- 19.

Absent and excused -- Field(23), Jones, Mr. Speaker.Total -- 3.

Total -- 70.

Whereupon the Speaker Pro Tem declared HCR 38 adoptedand ordered the resolution transmitted to the Senate.


At this time, the Speaker Pro Tem recognized Mr. Moyle toopen debate.



Bedke, Bell, Black, Block, Boe, Bolz, Bradford, Campbell,Cannon, Clark, Collins, Cuddy, Denney, Douglas, Eberle,Edmunson, Ellsworth, Eskridge, Field(18), Gagner, Garrett,Harwood, Henbest, Jaquet, Kellogg(Nonini), Kulczyk, Lake,Langford, Langhorst, Martinez, McGeachin, McKague, Meyer,Miller, Mitchell, Moyle, Naccarato, Nielsen, Pasley-Stuart,Raybould, Ridinger, Ring, Ringo, Roberts, Robison, Rydalch,


Sali, Sayler, Schaefer, Shepherd, Shirley, Skippen, Smith(30),Smith(24), Smylie, Snodgrass, Stevenson, Trail, Wills, Wood.Total -- 65.

NAYS -- None.Absent and excused -- Crow, Deal, Field(23), Jones,




At this time, the Speaker Pro Tem recognized Mr. Roberts toopen debate.



Black, Block, Bolz, Bradford, Campbell, Cannon, Clark,Collins, Cuddy, Denney, Douglas, Eberle, Edmunson,Ellsworth, Eskridge, Field(18), Garrett, Harwood, Henbest,Kellogg(Nonini), Kulczyk, Lake, Langford, Langhorst,Martinez, McGeachin, McKague, Meyer, Miller, Moyle,Nielsen, Pasley-Stuart, Raybould, Ring, Roberts, Robison,Rydalch, Sali, Sayler, Schaefer, Shepherd, Shirley, Skippen,Smith(30), Smith(24), Smylie, Snodgrass, Stevenson, Wills,Wood. Total -- 56.

NAYS -- Andersen, Boe, Jaquet, Mitchell, Naccarato,Ridinger, Ringo, Trail. Total -- 8.

Absent and excused -- Crow, Deal, Field(23), Gagner, Jones,Mr. Speaker. Total -- 6.

Total -- 70.






Bedke, Bell, Black, Block, Boe, Bolz, Bradford, Campbell,Cannon, Clark, Collins, Cuddy, Denney, Douglas, Eberle,Edmunson, Ellsworth, Eskridge, Field(18), Gagner, Garrett,Harwood, Henbest, Jaquet, Kellogg(Nonini), Kulczyk, Lake,Langhorst, Martinez, McGeachin, McKague, Meyer, Miller,Mitchell, Moyle, Naccarato, Nielsen, Pasley-Stuart, Raybould,Ridinger, Ring, Ringo, Roberts, Robison, Rydalch, Sali, Sayler,Schaefer, Shepherd, Shirley, Skippen, Smith(30), Smith(24),Smylie, Snodgrass, Stevenson, Trail, Wills. Total -- 63.

NAYS -- Langford. Total -- 1.Absent and excused -- Crow, Deal, Field(23), Jones, Wood,







Black, Block, Boe, Bolz, Bradford, Campbell, Cannon, Clark,Collins, Crow, Cuddy, Denney, Douglas, Eberle, Edmunson,Ellsworth, Eskridge, Field(18), Gagner, Garrett, Henbest,Jaquet, Kellogg(Nonini), Lake, Langford, Langhorst, Martinez,McGeachin, Meyer, Miller, Mitchell, Moyle, Naccarato,Nielsen, Pasley-Stuart, Raybould, Ridinger, Ring, Ringo,Roberts, Robison, Rydalch, Sayler, Schaefer, Shepherd, Shirley,Skippen, Smith(30), Smith(24), Smylie, Snodgrass, Stevenson,Trail, Wills. Total -- 60.

NAYS -- Barrett, Harwood, Kulczyk, McKague, Sali.Total -- 5.

Absent and excused -- Deal, Field(23), Jones, Wood,Mr. Speaker. Total -- 5.

Total -- 70.






Bedke, Bell, Black, Block, Boe, Bolz, Bradford, Campbell,Cannon, Clark, Collins, Cuddy, Denney, Douglas, Eberle,Edmunson, Ellsworth, Eskridge, Field(18), Gagner, Garrett,Harwood, Henbest, Jaquet, Kellogg(Nonini), Kulczyk, Lake,Langford, Langhorst, Martinez, McGeachin, McKague, Meyer,Miller, Mitchell, Moyle, Naccarato, Nielsen, Pasley-Stuart,Raybould, Ridinger, Ring, Ringo, Roberts, Robison, Rydalch,Sali, Sayler, Schaefer, Shepherd, Shirley, Skippen, Smith(30),Smith(24), Smylie, Snodgrass, Stevenson, Trail, Wills, Wood.Total -- 65.

NAYS -- None.Absent and excused -- Crow, Deal, Field(23), Jones,






Adjournment

Mr. Moyle moved that the House adjourn until 11 a.m.,Friday, February 20, 2004. Seconded by Mrs. Boe. Motioncarried.

Whereupon the Speaker Pro Tem declared the Houseadjourned at 12 p.m.



FORTIETH LEGISLATIVE DAYFRIDAY, FEBRUARY 20, 2004



Roll call showed 68 members present.Absent and excused -- Deal, Eskridge. Total -- 2.Total -- 70.


The Pledge of Allegiance was led by Danika Kramer, Page.

Approval of Journal


We, your COMMITTEE ON JUDICIARY, RULES, ANDADMINISTRATION, report that we have read and approved theHouse Journal of the Thirty-ninth Legislative Day andrecommend that same be adopted as corrected.

FIELD(18), Chairman





WOOD, Secretary



I transmit herewith S 1244, S 1245, S 1246, S 1248, S 1249,S 1250, and S 1251 which have passed the Senate.

WOOD, Secretary

S 1244, S 1245, S 1246, S 1248, S 1249, S 1250, and S 1251were filed for first reading.



We, your COMMITTEE ON JUDICIARY, RULES, ANDADMINISTRATION report that we have printed H 729, H 730,H 731, H 732, H 733, H 734, H 735, H 736, H 737, H 738, andH 739.

FIELD(18), Chairman






H 732, H 733, H 734, H 735, H 736, and H 737 were filedfor second reading.



FIELD(18), Chairman



SALI, Chairman



We, your COMMITTEE ON BUSINESS, report that we havehad under consideration H 620, H 706, and SJM 106 andrecommend that they do pass.

BLACK, Chairman

H 620, H 706, and SJM 106 were filed for second reading.



We, your COMMITTEE ON RESOURCES ANDCONSERVATION, report that we have had under considerationH 700, H 635, and H 669 and recommend that they do pass.

STEVENSON, Chairman



We, your COMMITTEE ON COMMERCE AND HUMANRESOURCES, report that we have had under considerationHCR 46, HCR 47, and H 639 and recommend that they do pass.

SCHAEFER, Chairman

HCR 46, HCR 47, and H 639 were filed for second reading.


We, your COMMITTEE ON JUDICIARY, RULES, ANDADMINISTRATION, report that we have had underconsideration H 641 and recommend that it do pass.

FIELD(18), Chairman



We, your COMMITTEE ON JUDICIARY, RULES, ANDADMINISTRATION, report that we have had underconsideration H 589 and HCR 42 and report them back withamendments attached to be placed on General Orders forconsideration.

FIELD(18), Chairman

H 589 and HCR 42 were placed on General Orders forconsideration.


We, your COMMITTEE ON EDUCATION, report that wehave had under consideration H 603 and H 632 and recommendthat they do pass.





CROW, Chairman




February 20, 2004

Idaho State House of RepresentativesState Capitol BuildingBoise, ID

Dear Mr. Speaker:

This letter is to authorize the introduction of RS 14163 (whichwould provide that all wildlife within the State of Idaho is theproperty of the State of Idaho and shall be preserved, protected,perpetuated, and managed for the continued benefit of the people)as per Joint Rule No. 20 referring to constitutional amendments.

Thank you very much.

Sincerely,

/s/ Representative Lawerence Denney/s/ Representative Mike Moyle/s/ Representative Julie Ellsworth

The Speaker announced that pursuant to the 36th daydeadline, and a petition being presented, Joint Rule No. 20 wouldbe waived for the purpose of introducing a joint resolution tomake an amendment to the Constitution of the State of Idaho.

HOUSE CONCURRENT RESOLUTION NO. 48 BY WAYS AND MEANS COMMITTEE


REJECTING CERTAIN RULES OF THE IDAHO FISH ANDGAME COMMISSION RELATING TO THE TAKING OF BIGGAME ANIMALS AND COMMERCIAL FISHING.



WHEREAS, it is the finding of the Legislature that certainrules of the Idaho Fish and Game Commission relating to thetaking of big game animals and commercial fishing are notconsistent with legislative intent and should be rejected.

NOW, THEREFORE, BE IT RESOLVED by the membersof the Second Regular Session of the Fifty-seventh IdahoLegislature, the House of Representatives and the Senateconcurring therein, that IDAPA 13.01.08, Section 410,Subsection 05, paragraphs f. and g., rules of the Idaho Fish andGame Commission governing the taking of big game animals andother unlawful methods of take, adopted as a pending rule underDocket Number 13-0108-0301, and IDAPA 13. 01.12, rules ofthe Idaho Fish and Game Commission governing commercialfishing in the state of Idaho, the entire rulemaking docket,adopted as a pending rule under Docket Number 13-0112-0301,be, and the same are hereby rejected and declared null, void andof no force and effect.





AN ACTRELATING TO SCHOOL ATTENDANCE; AMENDING

SECTION 33-202, IDAHO CODE, TO PROVIDE THATSCHOOL ATTENDANCE IS COMPULSORY BETWEEN THEAGES OF SIX AND SIXTEEN YEARS; AMENDINGSECTION 33-208, IDAHO CODE, TO PROVIDE THATSCHOOL DISTRICTS SHALL PROVIDE A KINDERGARTENP R O G R A M A N D T HA T A T T E N D A N C E I NKINDERGARTEN IS COMPULSORY; AND PROVIDING ANEFFECTIVE DATE.


AN ACTRELATING TO SMOKE MANAGEMENT AND CROP

RESIDUE DISPOSAL; PROVIDING A STATEMENT OFLEGISLATIVE INTENT; AMENDING SECTION 22-4802,IDAHO CODE, TO DEFINE "ECONOMICALLY VIABLEALTERNATIVE"; AND AMENDING SECTION 22-4803,IDAHO CODE, TO REVISE PROVISIONS APPLICABLE TOALL AGRICULTURAL FIELD BURNING.


AN ACTRELATING TO THE IMPORTATION OF CATTLE;

AMENDING CHAPTER 2, TITLE 25, IDAHO CODE, BYTHE ADDITION OF A NEW SECTION 25-220, IDAHOCODE, TO PROHIBIT THE IMPORTATION OF CERTAINCATTLE INTO THE STATE OF IDAHO FROM CANADAUNLESS THE CATTLE BEAR A SPECIFIED BRAND ANDHAVE A COMPUTER MICROCHIP IMPLANTED.


AN ACTRELATING TO HEALTH CARE INSURANCE CLAIMS;

AMENDING TITLE 41, IDAHO CODE, BY THE ADDITIONOF A NEW CHAPTER 56, TITLE 41, IDAHO CODE, TODEFINE TERMS, TO PROVIDE FOR THE TIMING ANDMETHOD OF CLAIM PAYMENTS, TO PROVIDE FORPROVIDER BILLING, TO PROVIDE THAT INSURERS ARENOT REQUIRED TO ACCEPT AN ASSIGNMENT OFPAYMENT, TO PROVIDE FOR INTEREST PAYMENTSAND TO SET FORTH EXCEPTIONS; PROVIDING ANEFFECTIVE DATE AND PROVIDING FOR APPLICATION.


AN ACTRELATING TO AGRICULTU RAL BURNING;

AMENDING SECTION 22-4804, IDAHO CODE, TOINCREASE FEES RELATING TO THE REGISTRATION OFFIELDS FOR AGRICULTURAL BURNING IN DESIGNATEDCOUNTIES.


AN ACTRELATING TO THE DIVERSION AND CONVEYANCE

OF WATER; AMENDING SECTION 36-1601, IDAHO CODE,TO FURTHER DEFINE NAVIGABLE STREAMS;AMENDING SECTION 42-110, IDAHO CODE, TO GOVERNOWNERSHIP OF WATER WHILE IT IS DIVERTED;AMENDING SECTION 42-3802, IDAHO CODE, TOFURTHER DEFINE STREAM CHANNEL; AMENDINGSECTION 42-3806, IDAHO CODE, TO CLARIFY THERIGHT TO CLEAN A DRAIN; AND DECLARING ANEMERGENCY.


AN ACTRELATING TO CEME TERY MAINTENANCE

DISTRICT LEVIES; AMENDING SECTION 27-121, IDAHOCODE, TO PROVIDE FOR AN ELECTION TO INCREASEPROPERTY TAX LEVIES AND TO PROVIDE THENECESSARY MAJORITY FOR APPROVAL; DECLARINGAN EMERGENCY AND PROVIDING RETROACTIVEAPPLICATION.

HOUSE JOINT RESOLUTION NO. 11 BY WAYS AND MEANS COMMITTEE

A JOINT RESOLUTIONPROPOSING AN AMENDMENT TO ARTICLE I, OF THE

CONSTITUTION OF THE STATE OF IDAHO, BY THEADDITION OF A NEW SECTION 23, ARTICLE I, TOPROVIDE THAT ALL WILDLIFE WITHIN THE STATE OFIDAHO IS THE PROPERTY OF THE STATE OF IDAHOAND S H AL L BE P R E SERVED, PROTECTED,PERPETUATED AND MANAGED FOR THE CONTINUEDBENEFIT OF THE PEOPLE, TO PROVIDE THAT THETAKING OF WILDLIFE, INCLUDING ALL WILDANIMALS, BIRDS AND FISH, BY HUNTING, FISHINGAND TRAPPING IS A VALUED PART OF OUR HERITAGEAND SHALL BE PRESERVED FOR THE PEOPLE, TOPROVIDE THAT WILDLIFE SHALL BE MANAGED BYLAWS, RESTRICTIONS AND RULES THAT PROVIDEPEOPLE WITH THE CONTINUED OPPORTUNITY TOHUNT, FISH AND TRAP, TO PROVIDE THAT THE RIGHTOF PEOPLE TO HUNT, FISH AND TRAP SHALL NOT BEPROHIBITED, BUT IS SUBJECT TO LAWS, REGULATIONSAND RULES THAT CONSERVE FISH AND WILDLIFE ANDPROVIDE P EOPLE WIT H THE C ON TINUEDOPPORTUNITY TO HUNT, FISH AND TRAP, AND TOPROVIDE THAT THE RIGHTS SET FORTH DO NOTCREATE A RIGHT TO TRESPASS ON PRIVATE PROPERTYOR LEAD TO A DIMINUTION OF OTHER PRIVATERIGHTS AND SHALL NOT BE CONSTRUED TO PROHIBITOR IN ANY WAY AFFECT RIGHTS ESTABLISHED TODIVERT, APPROPRIATE AND USE WATER PURSUANT TOARTICLE XV OR THE STATUTES AND RULES ENACTEDPURSUANT THERETO, OR TO ESTABLISH ANYMINIMUM AMOUNT OF WATER IN ANY STREAM,RIVER, LAKE, RESERVOIR OR OTHER WATERCOURSEOR WATER BODY; STATING THE QUESTION TO BESUBMITTED TO THE ELECTORATE; DIRECTING THELEGISLATIVE COUNCIL TO PREPARE THE STATEMENTS


REQUIRED BY LAW; AND DIRECTING THE SECRETARYOF STATE TO PUBLISH THE AMENDMENT ANDARGUMENTS AS REQUIRED BY LAW.

H 740, H 741, H 742, H 743, H 744, H 745, H 746, andHJR 11 were introduced, read the first time by title, and referredto the Judiciary, Rules, and Administration Committee forprinting.

S 1244, S 1245, S 1249, and S 1251, by Judiciary and RulesCommittee, were introduced, read the first time by title, andreferred to the Judiciary, Rules, and Administration Committee.

S 1246, S 1248, and S 1250, by Judiciary and RulesCommittee, were introduced, read the first time by title, andreferred to the Revenue and Taxation Committee.



H 718, H 721, H 722, and H 723, by AppropriationsCommittee, were read the second time by title and filed for thirdreading.

H 720 and H 663, by Revenue and Taxation Committee,were read the second time by title and filed for third reading.

H 683, H 681, H 680, and H 677, by Agricultural AffairsCommittee, were read the second time by title and filed for thirdreading.

HCR 40, by Environmental Affairs Committee, was read thesecond time by title and filed for third reading.


H 654, HJM 17, and H 658, by Health and WelfareCommittee, were read the second time by title and filed for thirdreading.

SJM 105 and S 1238, by State Affairs Committee, were readthe second time by title and filed for third reading.

H 645 and HCR 44, by State Affairs Committee, were readthe second time by title and filed for third reading.

Mr. Denney asked unanimous consent that H 628 be returnedto the Health and Welfare Committee. There being no objection,it was so ordered.








We, your COMMITTEE OF THE WHOLE HOUSE, reportthat we have had under consideration H 544, H 604, H 631,H 625, H 676, H 659, and H 552 and report them back withoutrecommendation, amended as follows:


AMENDMENT TO THE BILLOn page 4 of the printed bill, following line 26, insert:"SECTION 6. An emergency existing therefor, which

emergency is hereby declared to exist, this act shall be in fullforce and effect on and after its passage and approval.".

CORRECTION TO TITLEOn page 1, in line 21 following "TMDLS;" delete "AND"

and in line 25 following "WATERSHED" insert: "; ANDDECLARING AN EMERGENCY".


AMENDMENTS TO SECTION 1On page 1 of the printed bill, in line 13, delete "light" and

insert: "signal"; in line 16, delete "lights" and insert: "signals";delete lines 18 and 19 and insert: "cal strobe light device on thehighways of this state unless the person is operating or riding inan"; and in line 21, following "is" insert: "operating or ridingin".



insert:"(2) The boards of trustees of community college districts

shall be and hereby are authorized and empowered to cooperatewith the county commissioners, mayors, city councils and schooldistrict boards of trustees identified in subsection (1) of thissection and to permit the use, for such county, city and schooldistrict purposes, of such buildings, grounds, athletic fields,gymnasiums, libraries, laboratories and other equipment andfacilities, as are not at the time required for other purposes by thecommunity college.".

CORRECTIONS TO TITLEOn page 1, in line 4, following "SHALL" insert: "BE

AUTHORIZED AND EMPOWERED TO"; and in line 6,following "TRUSTEES" insert: "AND TO PERMIT THE USEOF COMMUNITY COLLEGE EQUIPMENT ANDFACILITIES FOR COUNTY, CITY AND SCHOOL DISTRICTPURPOSES".



AMENDMENTS TO SECTION 1On page 1 of the printed bill, in line 14, delete "sixteen" and

insert: "sixteen five"; and in line 15, delete "(16,000)" andinsert: "(165,000)".

CORRECTION TO TITLEOn page 1, in line 4, following "MEASURES" insert: ", TO

PROVIDE APPLICABILITY TO CITIES OF FIVETHOUSAND OR MORE POPULATION".


AMENDMENTS TO SECTION 1On page 1 of the printed bill, in line 8, following "WASTES"

insert: "AND RADIOACTIVE MATERIALS"; in line 10,following "waste" insert: "or radioactive materials"; followingline 30 insert:

"(2) Every person, including a private carrier or a commonor contract carrier, who operates a vehicle on any highway of thisstate transporting nuclear waste being transported to the Idahonational environmental and engineering laboratory (INEEL) orthe waste isolation pilot plant in New Mexico, to any facilityestablished pursuant to section 135 of the federal "Nuclear WastePolicy Act of 1982" as amended, 42 U.S.C. 10101 et seq. , to anyrepository licensed for the permanent deep geological disposal ofhigh-level radioactive waste and spent nuclear fuel, or to anymonitored retrievable storage facility established pursuant tosection 141 of the federal "Nuclear Waste Policy Act of 1982" asamended shall first procure from the department an annual orsingle trip permit for each vehicle so driven. This permit shall beavailable for examination and shall be displayed in accordancewith rules adopted by the department. The fee for a single trippermit for the transportation of such nuclear waste shall beseventy dollars ($70.00). The fee for an annual permit for thetransportation of such nuclear waste shall be five hundred dollars($500).";in line 31, delete "(2)" and insert: "(23)"; in line 32, delete" twenty seventy dollar s ($270 . 00 )" a nd i ns er t:"twenty dollars ($20.00)"; in line 33, delete "(3)" and insert:"(34)"; in line 34, delete "two five hundred fifty dollars ($2500)"and insert: "two hundred fifty dollars ($250)"; in line 35,delete "(4)" and insert: "(45)"; in line 38, delete "(5)" and insert:"(56)"; and on page 2, in line 3, delete "(6)" and insert: "(67)".

CORRECTIONS TO TITLEOn page 1, delete lines 2 through 4 and insert:"RELATING TO HAZARDOUS WASTE AND

RADIOACTIVE MATERIALS; AMENDING SECTION49-2202, IDAHO CODE, TO PROVIDE REFERENCES TORADIOACTIVE MATERIALS, TO SET FORTH PERMITREQUIREMENTS FOR PERSONS WHO TRANSPORTCERTAIN NUCLEAR WASTES, TO PROVIDE FOR PERMITFEES AND TO MAKE TECHNICAL CORRECTIONS.".

HOUSE AMENDMENTS TO H 659

AMENDMENTS TO SECTION 1On page 1 of the printed bill, in line 33, following "Code."

insert: "The certified nurse midwife collaborates with other healthprofessionals in providing health care."; on page 2, in line 5,following "Code." insert: "The clinical nurse specialistcollaborates with other health professionals in providing health

care. "; in line 22, following "Code." insert: "The nursepractitioner collaborates with other health professionals inproviding health care."; in line 28, delete ", in collabora-", deleteline 29 and in line 30, delete "Idaho," and insert: " , incollaboration with a physician, dentist or podiatrist authorized topractice in Idaho,".

AMENDMENT TO THE BILLOn page 3, following line 24, insert:"SECTION 2. That Section 54-1411, Idaho Code, be, and

the same is hereby amended to read as follows:

54-1411. RENEWAL AND REINSTATEMENT OFLICENSE. (1) Renewal. Each license issued pursuant to thischapter shall be valid from the date of its issue until the firstrenewal date thereafter.

(a) No license shall be valid unless renewed each and everytwo (2) years on the renewal dates fixed by the board.(b) The board may impose a renewal fee in an amount not toexceed one hundred dollars ($100).(c) A license that is not timely renewed is a lapsed license.(2) Certified nurse midwives, clinical nurse specialists and

nurse practitioners desiring license renewal must provide proof,satisfactory to the board, of the applicant' s competence topractice by documenting completion of a peer review process.

(3) Reinstatement. A person whose license has lapsed, orwho holds an emeritus status license in good standing, or whoselicense has been revoked, suspended, limited, conditioned orotherwise sanctioned by the board, may apply for reinstatementof the license to active and unrestricted status. A licensee' s abilityto apply for reinstatement may be subject to time constraintsimposed by board rule or by the terms of a disciplinary order. Anapplicant for reinstatement must:

(a) Pay a reinstatement fee in an amount not to exceedone hundred dollars ($100).(b) Submit a completed reinstatement application andprovide proof, satisfactory to the board, of the applicant' scompetency to practice.(c) Document compliance with the terms and conditions setforth in any order of the board as a condition ofreinstatement.".

CORRECTIONS TO TITLEOn page 1, in line 4, following "SPECIALISTS" delete ","

and insert: "AND"; and following "PRACTITIONERS" deletethe remainder of the line and delete all of line 5, and insert:"AND TO PROVIDE FOR COLLABORATION WITH OTHERHEALTH PROFESSIONALS; AND AMENDING SECTION54-1411, IDAHO CODE, TO REQUIRE PEER REVIEW FORRENEWAL OF LICENSE.".


AMENDMENTS TO SECTION 1On page 1 of the printed bill, in line 20, delete ", and" and

insert: "and"; and also in line 20, delete "and pastoral"; in line21, delete "counselors"; in lines 30 and 31, delete ", pastoralcounselors".

AMENDMENT TO THE BILLOn page 2, delete lines 9 through 53, inclusive; and on

page 3, delete lines 1 through 16, inclusive; and renumber thesubsequent section consecutively.


CORRECTIONS TO TITLEOn page 1, in line 3, delete ", TO PROVIDE REFERENCES

TO"; in line 4, delete "PASTORAL COUNSELORS"; and deletelines 6, 7, 8 and 9, and insert: "AND".


MOYLE, Chairman



H 544, as amended, H 604, as amended, H 631, as amended,H 625, as amended, H 676, as amended, H 659, as amended,and H 552, as amended, were referred to the Judiciary, Rules,and Administration Committee for engrossing.





H 627, having previously been read the third time at length,was placed before the House for final consideration.


Roll call resulted as follows:AYES -- Andersen, Barraclough, Bauer, Bayer, Bedke,

Black, Block, Boe, Bolz, Bradford, Campbell, Cannon, Collins,Crow, Cuddy, Denney, Douglas, Eberle, Edmunson, Ellsworth,Field(18), Garrett, Harwood, Henbest, Jaquet, Kellogg(Nonini),Lake, Langford, Langhorst, Martinez, McGeachin, Meyer,Miller, Mitchell, Naccarato, Nielsen, Pasley-Stuart, Raybould,Ridinger, Ring, Ringo, Roberts, Robison, Sali, Sayler, Schaefer,Shepherd, Shirley, Skippen, Smith(30), Smith(24), Smylie,Snodgrass, Trail, Wills, Wood, Mr. Speaker. Total -- 57.

NAYS -- Barrett, Bell, Clark, Field(23), Gagner, Kulczyk,McKague, Rydalch, Stevenson. Total -- 9.

Absent and excused -- Deal, Eskridge, Jones, Moyle.Total -- 4.

Total -- 70.


Mr. Denney asked unanimous consent that the remaining billson the Third Reading Calendar retain their places untilMonday, February 23, 2004. There being no objection, it was soordered.

Mr. Lake asked unanimous consent that H 681 and H 680 bereturned to the Agricultural Affairs Committee. There being noobjection, it was so ordered.


Adjournment

Mr. Denney moved that the House adjourn until 11 a.m.,Monday, February 23, 2004. Seconded by Ms. Jaquet. Motioncarried.




FORTY-THIRD LEGISLATIVE DAYMONDAY, FEBRUARY 23, 2004





The Pledge of Allegiance was led by Annalise Field, Page.

Approval of Journal


We, your COMMITTEE ON JUDICIARY, RULES, ANDADMINISTRATION, report that we have read and approved theHouse Journal of the Fortieth Legislative Day and recommendthat same be adopted as corrected.

FIELD(18), Chairman




I transmit herewith enrolled S 1214 and S 1222 for thesignature of the Speaker.

WOOD, Secretary

The Speaker announced he was about to sign enrolled S 1214and S 1222 and, when so signed, ordered them returned to theSenate.


I transmit herewith SCR 123, S 1252, S 1265, S 1282, andS 1278 which have passed the Senate.

WOOD, Secretary

SCR 123, S 1252, S 1265, S 1282, and S 1278 were filed forfirst reading.




We, your COMMITTEE ON JUDICIARY, RULES, ANDADMINISTRATION report that we have printed HCR 48,H 740, H 741, H 742, H 743, H 744, H 745, H 746, HJR 11,and House Amendments to H 544, H 604, H 631, H 625, H 676,H 659, and H 552.

FIELD(18), Chairman


H 741, H 742, and H 744 were referred to the AgriculturalAffairs Committee.


H 745 and HJR 11 were referred to the Resources andConservation Committee.




We, your COMMITTEE ON JUDICIARY, RULES, ANDADMINISTRATION, repor t that we have engrossedH 544, as amended, H 604, as amended, H 631, as amended,H 625, as amended, H 676, as amended, H 659, as amended,and H 552, as amended. FIELD(18), Chairman

H 544, as amended, H 604, as amended, H 631, as amended,H 625, as amended, H 676, as amended, H 659, as amended,and H 552, as amended, were filed for first reading of engrossedbills.


We, your COMMITTEE ON HEALTH AND WELFARE,report that we have had under consideration H 697 and H 694and recommend that they do pass.

SALI, Chairman




DEAL, Chairman




CROW, Chairman



We, your COMMITTEE ON REVENUE AND TAXATION,report that we have had under consideration S 1246, S 1248, andS 1250 and recommend they be referred to the Judiciary, Rules,and Administration Committee.

CROW, Chairman

S 1246, S 1248, and S 1250 were referred to the Judiciary,Rules, and Administration Committee.



HOUSE CONCURRENT RESOLUTION NO. 49 BY EDUCATION COMMITTEE A CONCURRENT RESOLUTION

STATING FINDINGS OF THE LEGISLATURECONCERNING OVERSIGHT PROCESSES IN ASSISTEDLIVING FACILITIES AND DIRECTING THE DEPARTMENTOF HEALTH AND WELFARE TO UNDERTAKE CHANGESNECESSARY TO ACCOMPLISH GOALS STATED.


WHEREAS, the Department of Health and Welfare finds itincreasingly difficult to meet statutory requirements for annualsurveys in assisted living facilities; and

WHEREAS, the state of Idaho has contracted with the federalMedical Assistance Program and has guaranteed appropriateoversight of assisted living facilities, including compliance withIdaho statutes in exchange for Medicaid matching funds forservices provided to clients in assisted living served through theAged and Disabled Waiver; and

WHEREAS, the number of assisted living clients grows eachyear with exponential growth projected as baby boomers reach anage when they require assistance in daily living; and

WHEREAS, the cost of long-term health care options in thestate of Idaho increases each year both for persons paying fortheir own care and those using Medicaid dollars; and

WHEREAS, state General Fund dollars for medical assistanceare more limited each year; and

WHEREAS, the present survey process has reached a pointof limited effectiveness.

NOW, THEREFORE, BE IT RESOLVED by the membersof the Second Regular Session of the Fifty-seventh IdahoLegislature, the House of Representatives and the Senateconcurring therein, that the Department of Health and Welfare, inconjunction with assisted living stakeholders, advocates andclients, is directed to develop the statutory and rules changes asnecessary to allow for a transformed oversight process in assistedliving that allows for:

(1) An equitable definition of substantial compliance;(2) Outcome based, measurable standards of care;(3) Person-centered outcomes measured by the terms of the

Negotiated Service Agreement (NSA) negotiated by the residentand/or guardian and the assisted living residence as to theresident' s rights, needs and choices of care;

(4) Quality assurance measures implemented by the Divisionof Medicaid to ensure surveys are performed in an appropriateand equitable manner;


(5) Use of new technologies, i.e. e-mail, teleconferencing,facsimile, software and web-based documentation managementsystems to increase efficiency of the oversight process andcommunications process whenever possible and reduceddisruption of a resident' s home and trauma to the resident;

(6) Focus on education and cooperation in compliance, aswell as enforcement;

(7) A regulatory system that does not adversely affectresidents and does not result in dislocation of residents whenother avenues are available;

(8) Increased training that is specific to assisted living andimproved protocol for staff performing surveys;

(9) Development of an equitable dispute resolution processinvolving not only the oversight agency, but also industry peers,ombudsmen, consumers and health care providers knowledgeableabout assisted living; and

(10) Improved communication between providers anddepartment staff regarding the substance of rules proposed forpromulgation as well as the proposed effective dates of suchproposed rules.


SCR 123, by State Affairs Committee, was introduced, readthe first time by title, and referred to the State AffairsCommittee.



AN ACTRELATING TO SALES AND USE TAXES; AMENDING

SECTION 63-3622O, IDAHO CODE, TO PROVIDE THATPUBLIC PLAYGROUND EQUIPMENT AND ASSOCIATEDSHOCK ABSORBING MATERIAL ARE EXEMPT FROMSALES AND USE TAXES.


AN ACTRELATING TO RESIDENTIAL CARE FOR THE

ELDERLY; AMENDING CHAPTER 35, TITLE 39, IDAHOCODE, BY THE ADDITION OF A NEW SECTION 39-3523,IDAHO CODE, TO SPECIFY A MEDICATION POLICY TOGOVERN INDIVIDUAL DOSE SYSTEMS PREPARED BY ALICENSED NURSE.


AN ACTRELATING TO THE ROBERT R. LEE PROMISE

SCHOLARSHIP; AMENDING SECTION 33-4306, IDAHOCODE, TO FURTHER DEFINE TERMS; AMENDINGCHAPTER 43, TITLE 33, IDAHO CODE, BY THEADDITION OF A NEW SECTION 33-4306A, IDAHO CODE,T O PR OV ID E EL I GI BI L IT Y C R IT E RI A F ORCATEGORY C STUDENTS, TO PROVIDE THATCATEGORY C STUDENTS SHALL REMAIN DRUG,ALCOHOL AND TOBACCO FREE AND TO PROVIDEPROCEDURES; AND AMENDING SECTION 33-4307,

IDAHO CODE, TO PROVIDE THE AMOUNT AND LENGTHOF THE AWARD FOR CATEGORY C STUDENTS, TOPROVIDE FOR REPORTS, TO PROVIDE A CORRECTCODE REFERENCE AND TO MAKE TECHNICALCORRECTIONS.


AN ACTR E L A T I N G T O C O M P U L SO R Y SC H O O L

ATTENDANCE; AMENDING SECTION 33-202, IDAHOCODE, TO PROVIDE THAT THE AGE OF COMPULSORYSCHOOL ATTENDANCE IS THROUGH SIXTEEN YEARSOF AGE UNLESS A CHILD HAS WITHDRAWN FROM THESCHOOL SYSTEM AFTER AGE FIFTEEN BUT BEFOREATTAINING SEVENTEEN YEARS OF AGE WITH THEPERMISSION OF THE CHILD' S PARENT OR GUARDIAN;AND AMENDING SECTION 33-207, IDAHO CODE, TOCLARIFY APPLICABILITY OF SECTION 33-202, IDAHOCODE, AND TO MAKE A TECHNICAL CORRECTION.


AN ACTRELATING TO ALCOHOLIC BEVERAGES; AMENDING

SECTION 23-603, IDAHO CODE, TO REVISE DESCRIPTIVELANGUAGE, TO SET FORTH PUNISHMENT FORPERSONS WHO ARE EIGHTEEN YEARS OF AGE OROLDER WHO DISPENSE ALCOHOL TO PERSONS UNDERTHE AGE OF TWENTY-ONE YEARS, AND TO PROVIDETHAT MONEYS RECEIVED PURSUANT TO FINES SHALLBE DEPOSITED IN THE ALCOHOLISM TREATMENTFUND WITH A PRIORITY OF FUNDING TO GO TOCOMMUNITY-BASED TREATMENTS IN JAIL SETTINGS.


AN ACTRELATING TO DRIVER' S LICENSES; AMENDING

SECTION 49-302, IDAHO CODE, TO EXEMPT CERTAINMILITARY PERSONNEL FROM LICENSURE IF THEYHAVE BEEN LICENSED BY THE MILITARY TO OPERATEAN OFFICIAL MOTOR VEHICLE IN THE MILITARYSERVICE; AMENDING SECTION 49-313, IDAHO CODE, TOPROVIDE THAT MILITARY PERSONNEL WITH VALIDMILITARY DRIVER' S LICENSES NEED NOT TAKE THEEXAMINATION AND SKILLS TEST FOR CLASS ADRIVER' S LICENSES; AMENDING SECTION 49-319,IDAHO CODE, TO AUTHORIZE THE EXCHANGE OF AVALID MILITARY DRIVER' S LICENSE FOR A CLASS ADRIVER' S LICENSE AS IF THE PERSON WERERENEWING AN IDAHO DRIVER' S LICENSE; ANDDECLARING AN EMERGENCY.



CHARITABLE CONTRIBUTIONS; AMENDING SECTION63-3029C, IDAHO CODE, TO PROVIDE AN INCOME TAXCREDIT FOR CONTRIBUTIONS MADE TO THE WOMEN' SAND CHILDREN' S ALLIANCE OR ITS FOUNDATION;DECLARING AN EMERGENCY AND PROVIDINGRETROACTIVE APPLICATION.


H 747, H 748, H 749, H 750, H 751, H 752, and H 753were introduced, read the first time by title, and referred to theJudiciary, Rules, and Administration Committee for printing.

S 1252 and S 1265, by State Affairs Committee, wereintroduced, read the first time by title, and referred to the StateAffairs Committee.

S 1282, by State Affairs Committee, was introduced, read thefirst time by title, and referred to the Commerce and HumanResources Committee.

S 1278, by Health and Welfare Committee, was introduced,read the first time by title, and referred to the EnvironmentalAffairs Committee.


H 544, as amended, and H 676, as amended, byEnvironmental Affairs Committee, were introduced, read the firsttime by title and filed for second reading.

H 604, as amended, by Transportation and DefenseCommittee, was introduced, read the first time by title and filedfor second reading.

H 631, as amended, by Education Committee, wasintroduced, read the first time by title and filed for secondreading.

H 625, as amended, by State Affairs Committee, wasintroduced, read the first time by title and filed for secondreading.

H 659, as amended, and H 552, as amended, by Health andWelfare Committee, were introduced, read the first time by titleand filed for second reading.


H 732, H 733, H 734, H 735, H 736, and H 737, byAppropriations Committee, were read the second time by titleand filed for third reading.

H 620 and H 706, by Business Committee, were read thesecond time by title and filed for third reading.

SJM 106, by Commerce and Human Resources Committee,was read the second time by title and filed for third reading.

H 700, H 635, and H 669, by Resources and ConservationCommittee, were read the second time by title and filed for thirdreading.

HCR 46, HCR 47, and H 639, by Commerce and HumanResources Committee, were read the second time by title andfiled for third reading.

H 641, by Judiciary, Rules, and Administration Committee,was read the second time by title and filed for third reading.

H 603 and H 632, by Education Committee, were read thesecond time by title and filed for third reading.

H 543, by Revenue and Taxation Committee, was read thesecond time by title and filed for third reading.







Black, Block, Boe, Bolz, Bradford, Campbell, Cannon, Clark,Collins, Crow, Cuddy, Deal, Denney, Douglas, Eberle,Edmunson, Ellsworth, Eskridge, Field(18), Field(23), Garrett,Harwood, Henbest, Jaquet, Jones, Kellogg, Kulczyk, Lake,Langford, Langhorst, Martinez, McGeachin, McKague, Meyer,Miller, Mitchell, Moyle, Naccarato, Nielsen, Pasley-Stuart,Raybould, Ridinger, Ring, Ringo, Roberts, Robison, Rydalch,Sali, Sayler, Schaefer, Shepherd, Shirley, Skippen, Smith(24),Smylie, Snodgrass, Stevenson, Trail, Wills, Wood, Mr. Speaker.Total -- 67.

NAYS -- Andersen, Smith(30). Total -- 2.Absent and excused -- Gagner. Total -- 1.Total -- 70.






Bedke, Bell, Black, Block, Boe, Bolz, Bradford, Campbell,Cannon, Clark, Collins, Crow, Cuddy, Deal, Denney, Douglas,Eberle, Edmunson, Ellsworth, Eskridge, Field(18), Field(23),Garrett, Harwood, Henbest, Jaquet, Jones, Kellogg, Lake,Langhorst, Martinez, McGeachin, McKague, Meyer, Miller,Mitchell, Moyle, Naccarato, Nielsen, Pasley-Stuart, Raybould,Ridinger, Ring, Ringo, Roberts, Robison, Rydalch, Sali, Sayler,Schaefer, Shepherd, Skippen, Smith(24), Smylie, Snodgrass,Stevenson, Trail, Wills, Wood, Mr. Speaker. Total -- 65.

NAYS -- Kulczyk, Langford, Smith(30). Total -- 3.Absent and excused -- Gagner, Shirley. Total -- 2.Total -- 70.







Mrs. Crow asked unanimous consent that H 651 be placed onGeneral Orders for consideration. There being no objection, itwas so ordered.





Bedke, Bell, Black, Block, Boe, Bolz, Bradford, Campbell,Cannon, Clark, Collins, Crow, Cuddy, Deal, Denney, Douglas,Eberle, Edmunson, Ellsworth, Eskridge, Field(18), Field(23),Garrett, Harwood, Henbest, Jaquet, Jones, Kellogg, Kulczyk,Lake, Langford, Langhorst, Martinez, McGeachin, McKague,Meyer, Miller, Mitchell, Moyle, Naccarato, Nielsen,Pasley-Stuart, Raybould, Ridinger, Ring, Ringo, Roberts,Robison, Rydalch, Sali, Sayler, Schaefer, Shepherd, Shirley,Skippen, Smith(30), Smith(24), Smylie, Snodgrass, Stevenson,Trail, Wills, Mr. Speaker. Total -- 68.

NAYS -- Wood. Total -- 1.Absent and excused -- Gagner. Total -- 1.Total -- 70.



At this time, the Speaker recognized Mrs. Shepherd to opendebate.







Bedke, Bell, Black, Block, Boe, Bolz, Bradford, Campbell,Cannon, Clark, Collins, Crow, Cuddy, Deal, Denney, Douglas,Eberle, Edmunson, Ellsworth, Eskridge, Field(18), Field(23),Garrett, Harwood, Henbest, Jaquet, Jones, Kellogg, Kulczyk,Lake, Langford, Langhorst, Martinez, McGeachin, McKague,Meyer, Miller , Mitchell, Moyle, Naccarato, Nielsen,Pasley-Stuart, Raybould, Ridinger, Ring, Ringo, Roberts,Robison, Rydalch, Sali, Sayler, Schaefer, Shepherd, Shirley,Skippen, Smith(30), Smith(24), Smylie, Snodgrass, Stevenson,Trail, Wills, Wood, Mr. Speaker. Total -- 69.

NAYS -- None.Absent and excused -- Gagner. Total -- 1.Total -- 70.






Bedke, Bell, Black, Block, Boe, Bolz, Bradford, Campbell,Cannon, Clark, Collins, Crow, Cuddy, Deal, Denney, Douglas,Eberle, Edmunson, Ellsworth, Eskridge, Field(18), Field(23),Garrett, Harwood, Henbest, Jaquet, Jones, Kellogg, Kulczyk,Lake, Langford, Langhorst, Martinez, McGeachin, McKague,Meyer, Miller, Mitchell, Moyle, Naccarato, Nielsen,Pasley-Stuart, Raybould, Ridinger, Ring, Ringo, Roberts,Robison, Rydalch, Sali, Schaefer, Shepherd, Shirley, Skippen,Smith(30), Smith(24), Smylie, Snodgrass, Stevenson, Trail,Wills, Wood, Mr. Speaker. Total -- 68.

NAYS -- Sayler. Total -- 1.Absent and excused -- Gagner. Total -- 1.Total -- 70.



At this time, the Speaker recognized Mr. Ridinger to opendebate.



Bedke, Bell, Black, Block, Boe, Bolz, Bradford, Campbell,Cannon, Clark, Collins, Crow, Cuddy, Deal, Denney, Douglas,Eberle, Edmunson, Ellsworth, Eskridge, Field(18), Field(23),Garrett, Harwood, Henbest, Jaquet, Jones, Kellogg, Lake,


Langford, Langhorst, Martinez, McGeachin, McKague, Meyer,Miller, Mitchell, Moyle, Naccarato, Nielsen, Pasley-Stuart,Raybould, Ridinger, Ring, Ringo, Roberts, Robison, Rydalch,Sali, Sayler, Schaefer, Shepherd, Shirley, Skippen, Smith(30),Smith(24), Smylie, Snodgrass, Stevenson, Trail, Wills, Wood,Mr. Speaker. Total -- 68.

NAYS -- Kulczyk. Total -- 1.Absent and excused -- Gagner. Total -- 1.Total -- 70.








RECESS

Afternoon Session





Mr. Deal asked unanimous consent that H 630 be placed onGeneral Orders for consideration. There being no objection, itwas so ordered.





Bedke, Bell, Black, Block, Boe, Bolz, Bradford, Campbell,Cannon, Clark, Collins, Crow, Cuddy, Deal, Denney, Douglas,Eberle, Edmunson, Ellsworth, Eskridge, Field(18), Field(23),Gagner, Garrett, Harwood, Henbest, Jaquet, Kellogg, Kulczyk,Lake, Langford, Langhorst, Martinez, McGeachin, McKague,Meyer, Miller, Mitchell, Moyle, Naccarato, Nielsen,

Pasley-Stuart, Raybould, Ridinger, Ring, Ringo, Roberts,Robison, Rydalch, Sali, Sayler, Schaefer, Shepherd, Shirley,Skippen, Smith(30), Smith(24), Smylie, Snodgrass, Stevenson,Trail, Wills, Wood, Mr. Speaker. Total -- 69.

NAYS -- None.Absent and excused -- Jones. Total -- 1.Total -- 70.











Whereupon the Speaker declared HJM 20 adopted by voicevote and ordered the memorial transmitted to the Senate.




Roll call resulted as follows:AYES -- Andersen, Barraclough, Bayer, Bedke, Bell, Black,

Block, Bolz, Bradford, Campbell, Cannon, Clark, Collins, Crow,Cuddy, Denney, Douglas, Eberle, Edmunson, Ellsworth,Eskridge, Field(18), Field(23), Gagner, Garrett, Harwood,Henbest, Jaquet, Jones, Kellogg, Lake, Langford, Langhorst,Martinez, McGeachin, Meyer, Miller, Mitchell, Moyle,Naccarato, Nielsen, Pasley-Stuart, Raybould, Ridinger, Ring,


Ringo, Roberts, Robison, Rydalch, Sali, Sayler, Schaefer,Shepherd, Shirley, Skippen, Smith(30), Smith(24), Smylie,Snodgrass, Stevenson, Trail, Wills, Mr. Speaker. Total -- 63.

NAYS -- Barrett, Bauer, Kulczyk, McKague, Wood.Total -- 5.

Absent and excused -- Boe, Deal. Total -- 2.Total -- 70.


Mr. Denney asked unanimous consent that H 656 be placed atthe bottom of the Third Reading Calendar. There being noobjection, it was so ordered.





Bedke, Bell, Black, Block, Bolz, Bradford, Campbell, Cannon,Clark, Collins, Crow, Cuddy, Denney, Douglas, Eberle,Edmunson, Ellsworth, Eskridge, Field(18), Field(23), Gagner,Garrett, Harwood, Henbest, Jaquet, Jones, Kellogg, Kulczyk,Lake, Langford, Langhorst, Martinez, McGeachin, McKague,Meyer, Miller, Mitchell, Moyle, Naccarato, Nielsen,Pasley-Stuart, Raybould, Ridinger, Ring, Ringo, Roberts,Robison, Rydalch, Sali, Sayler, Schaefer, Shepherd, Shirley,Skippen, Smith(30), Smith(24), Smylie, Snodgrass, Stevenson,Trail, Wills, Wood, Mr. Speaker. Total -- 68.

NAYS -- None.Absent and excused -- Boe, Deal. Total -- 2.Total -- 70.






Bedke, Bell, Black, Block, Boe, Bolz, Bradford, Campbell,Cannon, Clark, Collins, Crow, Cuddy, Denney, Douglas,Eberle, Edmunson, Ellsworth, Eskridge, Field(18), Field(23),Gagner, Garrett, Harwood, Henbest, Jaquet, Jones, Kellogg,Kulczyk, Lake, Langford, Langhorst, Martinez, McGeachin,McKague, Meyer, Miller, Mitchell, Moyle, Naccarato, Nielsen,Pasley-Stuart, Raybould, Ridinger, Ring, Ringo, Roberts,

Robison, Rydalch, Sali, Sayler, Schaefer, Shepherd, Shirley,Skippen, Smith(30), Smith(24), Smylie, Snodgrass, Stevenson,Trail, Wills, Wood, Mr. Speaker. Total -- 69.

NAYS -- None.Absent and excused -- Deal. Total -- 1.Total -- 70.






Black, Block, Boe, Bolz, Bradford, Campbell, Cannon, Clark,Collins, Crow, Cuddy, Deal, Denney, Douglas, Eberle,Ellsworth, Eskridge, Field(18), Field(23), Gagner, Garrett,Harwood, Henbest, Jaquet, Jones, Kellogg, Kulczyk, Lake,Langford, Langhorst, Martinez, McGeachin, McKague, Meyer,Miller, Mitchell, Moyle, Naccarato, Nielsen, Pasley-Stuart,Raybould, Ridinger, Ring, Ringo, Roberts, Robison, Rydalch,Sali, Sayler, Schaefer, Shepherd, Shirley, Skippen, Smith(30),Smith(24), Smylie, Snodgrass, Stevenson, Trail, Wills, Wood,Mr. Speaker. Total -- 68.

NAYS -- None.Absent and excused -- Bedke, Edmunson. Total -- 2.Total -- 70.













Bedke, Bell, Black, Block, Boe, Bolz, Bradford, Campbell,Cannon, Clark, Collins, Crow, Cuddy, Deal, Denney, Douglas,Eberle, Edmunson, Ellsworth, Eskridge, Field(18), Field(23),Gagner, Garrett, Harwood, Henbest, Jaquet, Jones, Kellogg,Kulczyk, Lake, Langford, Langhorst, Martinez, McGeachin,McKague, Meyer, Miller, Mitchell, Moyle, Naccarato, Nielsen,Pasley-Stuart, Raybould, Ring, Ringo, Roberts, Robison,Rydalch, Sali, Sayler, Schaefer, Shepherd, Shirley, Skippen,Smith(30), Smith(24), Smylie, Snodgrass, Stevenson, Trail,Wills, Wood, Mr. Speaker. Total -- 69.

NAYS -- None.Absent and excused -- Ridinger. Total -- 1.Total -- 70.






Bedke, Bell, Black, Block, Boe, Bolz, Bradford, Campbell,Cannon, Clark, Collins, Cuddy, Deal, Denney, Douglas, Eberle,Edmunson, Ellsworth, Eskridge, Field(18), Field(23), Gagner,Garrett, Harwood, Henbest, Jones, Kellogg, Kulczyk, Lake,Langford, Langhorst, Martinez, McGeachin, McKague, Meyer,Miller, Mitchell, Moyle, Naccarato, Nielsen, Pasley-Stuart,Raybould, Ridinger, Ring, Ringo, Roberts, Robison, Rydalch,Sali, Sayler, Schaefer, Shepherd, Shirley, Skippen, Smith(30),Smith(24), Smylie, Snodgrass, Stevenson, Trail, Wills,Mr. Speaker. Total -- 67.

NAYS -- None.Absent and excused -- Crow, Jaquet, Wood. Total -- 3.Total -- 70.





Roll call resulted as follows:AYES -- Andersen, Barraclough, Barrett, Bayer, Bedke,

Bell, Black, Block, Boe, Bolz, Bradford, Campbell, Cannon,Clark, Collins, Cuddy, Deal, Denney, Douglas, Eberle,Edmunson, Ellsworth, Eskridge, Field(18), Field(23), Gagner,Garrett, Harwood, Henbest, Jaquet, Jones, Kellogg, Kulczyk,Lake, Langford, Langhorst, Martinez, McGeachin, McKague,Meyer, Miller , Mitchell, Moyle, Naccarato, Nielsen,Pasley-Stuart, Raybould, Ridinger, Ring, Ringo, Roberts,Robison, Rydalch, Sali, Sayler, Schaefer, Shepherd, Shirley,Skippen, Smith(30), Smith(24), Smylie, Snodgrass, Stevenson,Trail, Wills, Mr. Speaker. Total -- 67.

NAYS -- None.Absent and excused -- Bauer, Crow, Wood. Total -- 3.Total -- 70.






Block, Boe, Bolz, Bradford, Campbell, Cannon, Clark, Collins,Cuddy, Deal, Denney, Douglas, Eberle, Edmunson, Ellsworth,Eskridge, Field(18), Field(23), Gagner, Garrett, Harwood,Henbest, Jaquet, Jones, Kellogg, Kulczyk, Lake, Langford,Langhorst, Martinez, McGeachin, McKague, Meyer, Miller,Mitchell, Moyle, Naccarato, Nielsen, Pasley-Stuart, Raybould,Ridinger, Ring, Ringo, Robison, Rydalch, Sali, Sayler, Schaefer,Shepherd, Shirley, Skippen, Smith(30), Smith(24), Smylie,Snodgrass, Stevenson, Trail, Wills, Wood, Mr. Speaker.Total -- 66.

NAYS -- None.Absent and excused -- Bedke, Black, Crow, Roberts.







Black, Block, Boe, Bolz, Bradford, Campbell, Cannon, Clark,Collins, Cuddy, Deal, Denney, Douglas, Eberle, Edmunson,Eskridge, Field(18), Field(23), Gagner, Garrett, Harwood,


Henbest, Jaquet, Jones, Kellogg, Kulczyk, Lake, Langford,Langhorst, Martinez, McGeachin, McKague, Meyer, Miller,Mitchell, Moyle, Naccarato, Nielsen, Pasley-Stuart, Raybould,Ridinger, Ring, Ringo, Robison, Rydalch, Sali, Sayler, Schaefer,Shepherd, Shirley, Skippen, Smith(30), Smith(24), Smylie,Snodgrass, Stevenson, Trail, Wills, Wood, Mr. Speaker.Total -- 66.

NAYS -- None.Absent and excused -- Bedke, Crow, Ellsworth, Roberts.




At this time, the Speaker recognized Mr. Lake to opendebate.



Black, Block, Boe, Bolz, Bradford, Campbell, Cannon, Clark,Collins, Crow, Cuddy, Deal, Denney, Douglas, Eberle,Edmunson, Ellsworth, Eskridge, Field(18), Field(23), Gagner,Garrett, Harwood, Henbest, Jaquet, Jones, Kellogg, Kulczyk,Lake, Langford, Langhorst, Martinez, McGeachin, McKague,Meyer, Miller, Mitchell, Moyle, Naccarato, Nielsen,Pasley-Stuart, Raybould, Ridinger, Ring, Ringo, Robison,Rydalch, Sali, Sayler, Schaefer, Shepherd, Shirley, Skippen,Smith(30), Smith(24), Smylie, Snodgrass, Stevenson, Trail,Wills, Wood, Mr. Speaker. Total -- 68.

NAYS -- None.Absent and excused -- Bedke, Roberts. Total -- 2.Total -- 70.



At this time, the Speaker recognized Mr. Ring to opendebate.



Black, Block, Boe, Bolz, Bradford, Campbell, Cannon, Clark,Collins, Crow, Deal, Denney, Douglas, Eberle, Edmunson,Ellsworth, Eskridge, Field(18), Field(23), Gagner, Garrett,Harwood, Henbest, Jaquet, Jones, Kellogg, Kulczyk, Langford,Langhorst, Martinez, McGeachin, McKague, Meyer, Miller,Mitchell, Moyle, Naccarato, Nielsen, Pasley-Stuart, Raybould,Ridinger, Ring, Ringo, Robison, Rydalch, Sali, Sayler, Schaefer,

Shepherd, Shirley, Skippen, Smith(30), Smith(24), Smylie,Snodgrass, Stevenson, Trail, Wills, Wood, Mr. Speaker.Total -- 66.

NAYS -- None.Absent and excused -- Bedke, Cuddy, Lake, Roberts.







Bedke, Bell, Black, Block, Boe, Bolz, Bradford, Campbell,Cannon, Clark, Collins, Crow, Cuddy, Deal, Denney, Douglas,Eberle, Edmunson, Ellsworth, Eskridge, Field(18), Field(23),Gagner, Garrett, Harwood, Henbest, Jaquet, Jones, Kellogg,Kulczyk, Langford, Langhorst, Martinez, McGeachin, Meyer,Miller, Mitchell, Moyle, Naccarato, Nielsen, Pasley-Stuart,Raybould, Ridinger, Ring, Ringo, Roberts, Robison, Rydalch,Sali, Sayler, Schaefer, Shepherd, Shirley, Skippen, Smith(30),Smith(24), Smylie, Snodgrass, Stevenson, Trail, Wills, Wood,Mr. Speaker. Total -- 68.

NAYS -- McKague. Total -- 1.Absent and excused -- Lake. Total -- 1.Total -- 70.






Bedke, Bell, Black, Block, Boe, Bolz, Bradford, Campbell,Cannon, Clark, Collins, Crow, Cuddy, Deal, Denney, Douglas,Eberle, Edmunson, Ellsworth, Eskridge, Field(18), Field(23),Gagner, Garrett, Harwood, Henbest, Jaquet, Jones, Kellogg,Kulczyk, Lake, Langford, Langhorst, Martinez, McGeachin,McKague, Miller, Mitchell, Moyle, Naccarato, Nielsen,Pasley-Stuart, Raybould, Ridinger, Ring, Ringo, Roberts,Robison, Rydalch, Sali, Sayler, Schaefer, Shepherd, Shirley,Skippen, Smith(30), Smith(24), Smylie, Snodgrass, Stevenson,Trail, Wills, Wood, Mr. Speaker. Total -- 69.

NAYS -- Meyer. Total -- 1.Total -- 70.




At this time, the Speaker recognized Mr. Shirley to opendebate.



Black, Block, Boe, Bolz, Bradford, Campbell, Cannon, Clark,Collins, Cuddy, Deal, Denney, Douglas, Eberle, Edmunson,Ellsworth, Eskridge, Field(18), Field(23), Gagner, Garrett,Henbest, Jaquet, Jones, Kellogg, Kulczyk, Langford, Langhorst,Martinez, McGeachin, Meyer, Miller, Mitchell, Naccarato,Nielsen, Pasley-Stuart, Raybould, Ridinger, Ring, Ringo,Roberts, Robison, Rydalch, Sali, Sayler, Shepherd, Shirley,Skippen, Smith(30), Smith(24), Smylie, Snodgrass, Stevenson,Trail, Wills, Mr. Speaker. Total -- 62.

NAYS -- Barrett, Crow, Lake, McKague, Moyle, Schaefer,Wood. Total -- 7.

Absent and excused -- Harwood. Total -- 1.Total -- 70.















At this time, the Speaker recognized Mr. Campbell,Mr. Wills, and Mr. Langhorst to open debate.

Mr. Campbell asked unanimous consent that, pursuant toRule 22, discussion of H 363 be allowed in debate of H 692.There being no objection, it was so ordered.



Black, Block, Boe, Bolz, Bradford, Campbell, Cannon, Clark,Collins, Cuddy, Deal, Douglas, Eberle, Edmunson, Ellsworth,Eskridge, Field(18), Field(23), Gagner, Garrett, Harwood,Henbest, Jaquet, Jones, Kellogg, Lake, Langford, Langhorst,Martinez, Meyer, Miller, Mitchell, Naccarato, Nielsen,Pasley-Stuart, Raybould, Ridinger, Ring, Ringo, Robison,Rydalch, Sayler, Schaefer, Shepherd, Shirley, Skippen,Smith(30), Smylie, Snodgrass, Stevenson, Trail, Wills, Wood,Mr. Speaker. Total -- 60.

NAYS -- Barrett, Crow, Denney, Kulczyk, McGeachin,McKague, Moyle, Roberts, Sali, Smith(24). Total -- 10.

Total -- 70.





Adjournment

Mr. Moyle moved that the House adjourn until 11 a.m.,Tuesday, February 24, 2004. Seconded by Ms. Jaquet. Motioncarried.




FORTY-FOURTH LEGISLATIVE DAYTUESDAY, FEBRUARY 24, 2004



Roll call showed 69 members present.Absent and excused -- Edmunson. Total -- 1.Total -- 70.


The Pledge of Allegiance was led by Jeremiah Kats, Page.

Approval of Journal


We, your COMMITTEE ON JUDICIARY, RULES, ANDADMINISTRATION, report that we have read and approved theHouse Journal of the Forty-third Legislative Day and recommendthat same be adopted as corrected.

FIELD(18), Chairman




February 19, 2004




H 510


Governor


I transmit herewith SJM 108, S 1247, and S 1264 which havepassed the Senate.

WOOD, Secretary

SJM 108, S 1247, and S 1264 were filed for first reading.



We, your COMMITTEE ON JUDICIARY, RULES, ANDADMINISTRATION report that we have printed HCR 49,H 747, H 748, H 749, H 750, H 751, H 752, and H 753.

FIELD(18), Chairman

HCR 49 and H 748 were referred to the Health and WelfareCommittee.






We, your COMMITTEE ON RESOURCES ANDCONSERVATION, report that we have had under considerationH 592, H 593, and H 633 and recommend that they do pass.

STEVENSON, Chairman



We, your COMMITTEE ON JUDICIARY, RULES, ANDADMINISTRATION, report that we have had underconsideration H 667, H 727, S 1207, S 1208, and S 1209 andrecommend that they do pass.

FIELD(18), Chairman

H 667, H 727, S 1207, S 1208, and S 1209 were filed forsecond reading.


We, your COMMITTEE ON COMMERCE AND HUMANRESOURCES, report that we have had under considerationS 1226 and recommend that it do pass.

SCHAEFER, Chairman

S 1226 was filed for second reading.



We, your COMMITTEE ON COMMERCE AND HUMANRESOURCES, report that we have had under considerationH 726 and report it back with amendments attached to be placedon General Orders for consideration.

SCHAEFER, Chairman




BLACK, Chairman




DEAL, Chairman




CROW, Chairman






AUTHORIZING THE LEGISLATIVE COUNCIL TOAPPOINT A COMMITTEE TO UNDERTAKE ANDCOMPLETE A STUDY OF THE GUARDIANSHIP ANDCONSERVATORSHIP SYSTEM IN IDAHO.


WHEREAS, today there are approximately 150,000 Idahoanswho are age 65 or older, and by the year 2020, it is anticipatedthat there will be nearly 240,000 Idahoans over the age of 65 whowill face issues related to elder care; and

WHEREAS, guardianship and conservatorship arrangementsare important for Idaho families facing the potential incapacity ofa family member;

WHEREAS, a number of states have expressed great interestin the guardianship and conservatorship process, frequentlyfollowing allegations of inappropriate activity on the part offiduciaries appointed to represent incapacitated persons; and

WHEREAS, little data exists regarding the effectiveness ofguardianships or conservatorships within Idaho or in other states,and less information is available about how the system actuallyaffects the individuals involved; and

WHEREAS, model educational curricula for guardians andconservators and improved monitoring of current inventory andaccounting practices should be developed at the state level; and

WHEREAS, research should be undertaken to review currentelder care laws and to examine how the guardianship andconservatorship process is enhancing the well-being of personswith diminished capacity.

NOW, THEREFORE, BE IT RESOLVED by the membersof the Second Regular Session of the Fifty-seventh IdahoLegislature, the House of Representatives and the Senateconcurring therein, that the Legislative Council is authorized toappoint a committee to undertake and complete a study of theguardianship and conservatorship system in Idaho, taking intoaccount recent efforts undertaken by the federal government andother states. The Legislative Council shall appoint up to eightlegislators, four from the Senate and four from the House ofRepresentatives, and shall authorize the committee to receiveinput, advice and assistance from interested and affected parties.

BE IT FURTHER RESOLVED, that the committee shallinclude additional members to be appointed by the cochairs of thecommittee who are appointed by the Legislative Council. Suchnonlegislative members may include, but are not limited to, thefollowing: one member of the staff of Idaho' s congressionaldelegation, one representative of the Office of the Governor, onerepresentative of the Office of the Attorney General, onerepresentative of the Department of Finance, two representativesof the Idaho judiciary, one representative of the Taxation,Probate and Trust Law Section of the Idaho State Bar, onerepresentative of the Idaho Commission on Aging, onerepresentative of AARP and one administrator of a countyguardianship monitoring program.

BE IT FURTHER RESOLVED that nonlegislative membersof the advisory committee shall not be reimbursed fromlegislative funds for per diem, mileage or other expenses andshall not have voting privileges regarding the committee' srecommendations or proposed legislation.

BE IT FURTHER RESOLVED that the committee shallreport its findings, recommendations and proposed legislation, ifany, to the First Regular Session of the Fifty-eighth IdahoLegislature, to the Office of the Governor, and to the IdahoSupreme Court.


SJM 108, by Education Committee, was introduced, read thefirst time by title, and referred to the Education Committee.



AN ACTRELATING TO ECONOMIC ESTIMATES; AMENDING

SECTION 67-6803, IDAHO CODE, TO REVISELEGISLATIVE EXPENDITURE LIMITS BY PROVIDINGTHAT GENERAL FUND EXPENDITURES FOR ANYFISCAL YEAR SHALL NOT EXCEED THE TOTAL


GENERAL FUND EXPENDITURES AUTHORIZED FORFISCAL YEAR 2005 AS ANNUALLY ADJUSTED FORPOPULATION GROWTH AND INFLATION; ANDAMENDING CHAPTER 68, TITLE 67, IDAHO CODE, BYTHE ADDITION OF A NEW SECTION 67-6804, IDAHOCODE, TO PROVIDE LEGISLATIVE INTENT, TO CREATETHE TAXPAYERS RESERVE FUND, TO PROVIDE FORTRANSFER OF MONEYS TO THE FUND AND TOPROVIDE FOR REFUNDS TO TAXPAYERS ACCORDINGTO CRITERIA SPECIFIED, UNLESS THE LEGISLATUREHAS DIRECTED THE FUNDS TO BE REFUNDEDACCORDING TO DIFFERENT CRITERIA.


AN ACTRELATING TO STATE LANDS; AMENDING SECTION

47-711, IDAHO CODE, AS AMENDED BY SECTION 2,HOUSE BILL 510, ENACTED BY THE SECOND REGULARSESSION O F TH E F IF TY-SEVENTH IDAH OLEGISLATURE, TO PERMIT THE SALE OF MINERALINTERESTS RESERVED BY THE STATE TO THE OWNEROF THE SURFACE ESTATE.


AN ACTRELATING TO THE IDAHO BUILDING CODE ACT;

AMENDING SECTION 39-4103, IDAHO CODE, TOEXPAND THE SCOPE OF THE CHAPTER TO INCLUDECHAPTER 50, TITLE 54, IDAHO CODE; AMENDINGSECTION 39-4104, IDAHO CODE, TO PROVIDE THATLOCAL GOVERNMENTS THAT ADOPT BUILDING CODESSHALL ENFORCE ALL OF THE PROVISIONS OF THISCHAPTER THAT GOVERN APPLICATION BY LOCALGOVERNMENTS; AMENDING SECTION 39-4109, IDAHOCODE, TO PROVIDE AN EFFECTIVE DATE FORAPPLICATION OF CODES, TO UPDATE THE APPLICABLEEDITION OF SPECIFIED CODES AND TO CLARIFYINCLUSIONS AND EXCLUSIONS FROM THE SPECIFICCODES; AMENDING SECTION 39-4116, IDAHO CODE, TORESPECIFY THE DATE BY WHICH PARTICIPATINGLOCAL GOVERNMENTS SHALL BY ORDINANCE ADOPTCODES AS SPECIFIED, TO DELETE OBSOLETELANGU AGE AND TO MAKE A TECHNICALCORRECTION; AMENDING SECTION 54-5001, IDAHOCODE, TO SPECIFY APPLICABLE CODES AND EDITIONSOF THE CODES, TO DELETE OBSOLETE LANGUAGEAND TO PROVIDE THAT CERTAIN LOCALGOVERNMENTS SHALL BY ORDINANCE ADOPT ANDENFORCE THE CODES AS PRESCRIBED; ANDDECLARING AN EMERGENCY.


AN ACTRELATING TO HEALTH CARE INSURANCE;

AMENDING CHAPTER 6, TITLE 48, IDAHO CODE, BYTHE ADDITION OF A NEW SECTION 48-650, IDAHOCODE, TO REQUIRE A NOTICE BY HEALTH CAREPROVIDERS, TO SPECIFY CONTENT OF THE NOTICE, TOPROVIDE EXCEPTIONS AND TO DEFINE TERMS; ANDAMENDING CHAPTER 1, TITLE 41, IDAHO CODE, BY

THE ADDITION OF A NEW SECTION 41-121, IDAHOCODE, TO REQUIRE MAINTENANCE OF AN INTERNETSITE AND/OR TOLL-FREE TELEPHONE NUMBER BYINSURANCE PROVIDERS WITH CURRENT HEALTH CAREPROVIDER INFORMATION.


AN ACTRELATING TO HOMEOWNER' S ASSOCIATIONS;

AMENDING TITLE 55, IDAHO CODE, BY THE ADDITIONOF A NEW CHAPTER 13, TITLE 55, IDAHO CODE, TOPROVIDE A SHORT TITLE, TO DEFINE TERMS, TOPROVIDE REQUIREMENTS TO QUALIFY, TO PROVIDECONTENTS OF DEC LARATION, TO PROVIDEADMINISTRATION THROUGH BYLAWS AND ARTICLESOF INCORPORATION, TO PROVIDE CONTENTS OFBYLAWS, TO PROVIDE FOR RECORDATION OFINSTRUMENTS AFFECTING PROPERTY, TO PROVIDEFOR REMOVAL OF PROPERTY FROM THE LAW, TOPROVIDE FOR ACTIONS RELATING TO COMMON AREASAND PERSONS DESIGNATED TO RECEIVE PROCESS, TOPROVIDE FOR ACTIONS BY MANAGEMENT ON BEHALFOF TWO OR MORE OWNERS, TO PROVIDE FORSEPARATE TAXATION, LIENS AND TAX DEEDS, TOPROVIDE FOR OWNERS BEING PROPORTIONATELYLIABLE FOR COMMON AREAS, TO PROVIDE FORLIABILITY OF HOMEOWNERS, TENANTS ANDEMPLOYEES, TO PROVIDE LIENS FOR ASSESSMENTSAND OTHER CHARGES, TO PROVIDE LIENS FOR LABOR,SERVICES OR MATERIALS AND TO PROVIDE THAT THE"BLUE SKY LAW" IS INAPPLICABLE.


AN ACTRELATING TO PUBLIC INF RASTRUCTURE

IMPROVEMENTS DISTRICTS; AMENDING TITLE 50,IDAHO CODE, BY THE ADDITION OF A NEW CHAPTER30, TITLE 50, IDAHO CODE, TO PROVIDE LEGISLATIVEPURPOSE AND A SHORT TITLE, TO DEFINE TERMS, TOPROVIDE FOR CREATION OF PUBLIC INFRASTRUCTUREIMPROVEMENTS DISTRICTS, TO PROVIDE FORORGANIZATION OF A DISTRICT, TO PROVIDE POWERSOF A DISTRICT, TO PROVIDE FOR A CHANGE INDISTRICT BOUNDARIES OR THE GENERAL PLAN, TOPROVIDE FOR FINANCES, TO PROVIDE FOR GENERALOBLIGATION BONDS AND TAX LEVIES, TO PROVIDEFOR REVENUE BONDS AND FEES AND CHARGES, TOPROVIDE TERMS OF THE BONDS, TO PROVIDE FORTAXES, TO PROVIDE FOR NOTICE AND CONDUCT OFE L E C T IONS, TO PROVIDE FOR FINANCIALSTATEMENTS AND ESTIMATES, BUDGETS ANDCERTIFICATION OF LEVIES, TO PROVIDE FORDISSOLUTION OF A DISTRICT, TO PROVIDE FOREXEMPTIONS AND EXCLUSIONS, TO PROVIDE FORLIMITATION OF LIABILITY, TO PROVIDE FOR APPEAL,EXCLUSIVE REMEDY AND CONCLUSIVENESS, TOPROVIDE FOR SUBDISTRICTS, TO PROVIDE FORCONSISTENCY WITH STATE LAW, TO PROVIDELIBERAL INTERPRETATION AND TO PROVIDESEVERABILITY.







HCR 48, by Ways and Means Committee, was read thesecond time by title and filed for third reading.

H 697, H 694, H 659, as amended, and H 552, as amended,by Health and Welfare Committee, were read the second time bytitle and filed for third reading.

H 711, H 712, and H 625, as amended, by State AffairsCommittee, were read the second time by title and filed for thirdreading.


H 544, as amended, and H 676, as amended, byEnvironmental Affairs Committee, were read the second time bytitle and filed for third reading.

H 604, as amended, by Transportation and DefenseCommittee, was read the second time by title and filed for thirdreading.

H 631, as amended, by Education Committee, was read thesecond time by title and filed for third reading.





Roll call resulted as follows:AYES -- Barraclough, Bauer, Bedke, Bell, Black, Block,

Bolz, Bradford, Campbell, Cannon, Clark, Collins, Crow, Deal,Denney, Ellsworth, Eskridge, Field(18), Field(23), Gagner,Garrett, Harwood, Jones, Kellogg, Lake, Langford, McGeachin,McKague, Meyer, Miller, Nielsen, Ridinger , Ring, Rydalch,Schaefer, Shirley, Skippen, Smith(24), Smylie, Snodgrass,Stevenson, Wills, Wood, Mr. Speaker. Total -- 44.

NAYS -- Andersen, Barrett, Bayer, Boe, Cuddy, Douglas,Eberle, Henbest, Jaquet, Kulczyk, Langhorst, Martinez,Mitchell, Moyle, Naccarato, Pasley-Stuart, Raybould, Ringo,Robison, Sayler, Shepherd, Smith(30), Trail. Total -- 23.

Absent and excused -- Edmunson, Roberts, Sali. Total -- 3.Total -- 70.


H 508, as amended, was read the third time at length, sectionby section, and placed before the House for final consideration.


The question being, "Shall H 508, as amended, pass?"


Block, Boe, Bolz, Bradford, Campbell, Cannon, Clark, Collins,Crow, Cuddy, Deal, Denney, Douglas, Eberle, Ellsworth,Eskridge, Field(18), Field(23), Gagner, Garrett, Harwood,Henbest, Jaquet, Jones, Kellogg, Kulczyk, Lake, Langhorst,Martinez, McGeachin, Meyer, Miller, Mitchell, Moyle,Naccarato, Nielsen, Pasley-Stuart, Raybould, Ridinger, Ring,Ringo, Robison, Rydalch, Sayler, Shepherd, Shirley, Skippen,Smith(30), Smith(24), Smylie, Snodgrass, Stevenson, Trail,Wills, Mr. Speaker. Total -- 61.

NAYS -- Barrett, Bauer, Langford, McKague, Schaefer,Wood. Total -- 6.

Absent and excused -- Edmunson, Roberts, Sali. Total -- 3.Total -- 70.

Whereupon the Speaker declared H 508, as amended, passedthe House. Title was approved and the bill was orderedtransmitted to the Senate.





Bedke, Bell, Black, Block, Boe, Bolz, Bradford, Campbell,Cannon, Clark, Collins, Crow, Cuddy, Deal, Denney, Douglas,Eberle, Ellsworth, Eskridge, Field(18), Field(23), Gagner,Garrett, Harwood, Henbest, Jaquet, Jones, Kellogg, Kulczyk,Lake, Langford, Langhorst, Martinez, McGeachin, McKague,Meyer, Miller, Moyle, Naccarato, Nielsen, Pasley-Stuart,Raybould, Ridinger, Ring, Ringo, Roberts, Robison, Rydalch,Sali, Sayler, Schaefer, Shepherd, Shirley, Skippen, Smith(30),Smylie, Snodgrass, Stevenson, Trail, Wills, Wood, Mr. Speaker.Total -- 67.

NAYS -- None.Absent and excused -- Edmunson, Mitchell, Smith(24).








Bedke, Bell, Black, Block, Boe, Bolz, Bradford, Campbell,Cannon, Clark, Collins, Crow, Deal, Denney, Douglas, Eberle,Ellsworth, Eskridge, Field(18), Field(23), Gagner, Garrett,Harwood, Henbest, Jaquet, Jones, Kellogg, Kulczyk, Lake,Langford, Langhorst, Martinez, McGeachin, McKague, Meyer,Miller, Mitchell, Moyle, Naccarato, Nielsen, Pasley-Stuart,Raybould, Ridinger, Ring, Roberts, Robison, Rydalch, Sali,Sayler, Schaefer, Shepherd, Shirley, Skippen, Smith(30), Smylie,Snodgrass, Stevenson, Trail, Wills, Wood, Mr. Speaker.Total -- 66.

NAYS -- None.Absent and excused -- Cuddy, Edmunson, Ringo, Smith(24).







Bedke, Bell, Black, Block, Boe, Bolz, Bradford, Campbell,Cannon, Clark, Collins, Crow, Cuddy, Denney, Douglas,Eberle, Ellsworth, Eskridge, Field(18), Field(23), Gagner,Garrett, Harwood, Henbest, Jaquet, Jones, Kellogg, Kulczyk,Lake, Langford, Langhorst, Martinez, McGeachin, McKague,Meyer, Miller, Mitchell, Moyle, Naccarato, Nielsen,Pasley-Stuart, Raybould, Ridinger, Ring, Roberts, Robison,Rydalch, Sali, Sayler, Schaefer, Shepherd, Shirley, Skippen,Smith(30), Smylie, Snodgrass, Stevenson, Trail, Wills, Wood,Mr. Speaker. Total -- 66.

NAYS -- None.Absent and excused -- Deal, Edmunson, Ringo, Smith(24).







Bedke, Bell, Black, Block, Boe, Bolz, Bradford, Campbell,Cannon, Clark, Collins, Crow, Cuddy, Denney, Douglas,Eberle, Ellsworth, Eskridge, Field(18), Field(23), Gagner,Garrett, Harwood, Henbest, Jaquet, Jones, Kellogg, Kulczyk,Lake, Langford, Langhorst, Martinez, McGeachin, McKague,Meyer, Miller, Mitchell, Moyle, Naccarato, Nielsen,Pasley-Stuart, Raybould, Ridinger , Ring, Roberts, Robison,Rydalch, Sali, Sayler, Schaefer, Shepherd, Shirley, Skippen,Smith(30), Smith(24), Smylie, Snodgrass, Stevenson, Trail,Wills, Wood, Mr. Speaker. Total -- 67.

NAYS -- None.Absent and excused -- Deal, Edmunson, Ringo. Total -- 3.Total -- 70.





Roll call resulted as follows:AYES -- Andersen, Barraclough, Barrett, Bauer, Bedke,

Bell, Black, Block, Bolz, Bradford, Campbell, Cannon, Collins,Crow, Cuddy, Deal, Denney, Ellsworth, Eskridge, Field(18),Field(23), Gagner, Garrett, Harwood, Jones, Kulczyk, Lake,Langford, McGeachin, McKague, Meyer, Miller, Moyle,Nielsen, Pasley-Stuart, Raybould, Ridinger, Ring, Roberts,Rydalch, Sali, Schaefer, Shepherd, Shirley, Skippen, Smith(30),Smylie, Snodgrass, Stevenson, Trail, Wills, Wood, Mr. Speaker.Total -- 53.

NAYS -- Bayer, Boe, Clark, Douglas, Eberle, Henbest,Jaquet, Kellogg, Langhorst, Martinez, Mitchell, Naccarato,Ringo, Robison, Sayler, Smith(24). Total -- 16.

Absent and excused -- Edmunson. Total -- 1.Total -- 70.







Bedke, Bell, Black, Block, Boe, Bolz, Bradford, Campbell,Cannon, Clark, Collins, Crow, Cuddy, Deal, Denney, Douglas,Eberle, Ellsworth, Eskridge, Field(18), Field(23), Gagner,Garrett, Harwood, Henbest, Jaquet, Jones, Kellogg, Kulczyk,Lake, Langford, Langhorst, Martinez, McGeachin, McKague,Meyer, Miller, Mitchell, Moyle, Naccarato, Nielsen,Pasley-Stuart, Raybould, Ridinger, Ring, Ringo, Roberts,Robison, Rydalch, Sali, Sayler, Schaefer, Shepherd, Shirley,Skippen, Smith(30), Smith(24), Smylie, Snodgrass, Stevenson,Trail, Wills, Wood, Mr. Speaker. Total -- 69.

NAYS -- None.Absent and excused -- Edmunson. Total -- 1.Total -- 70.



At this time, the Speaker recognized Mrs. Garrett to opendebate.



Bedke, Bell, Black, Block, Boe, Bolz, Bradford, Campbell,Cannon, Clark, Collins, Crow, Cuddy, Deal, Denney, Douglas,Eberle, Ellsworth, Eskridge, Field(18), Field(23), Gagner,Garrett, Harwood, Henbest, Jaquet, Jones, Kellogg, Kulczyk,Lake, Langford, Langhorst, Martinez, McGeachin, McKague,Meyer, Miller, Mitchell, Moyle, Naccarato, Nielsen,Pasley-Stuart, Raybould, Ridinger, Ring, Ringo, Roberts,Robison, Rydalch, Sali, Sayler, Schaefer, Shepherd, Shirley,Skippen, Smith(30), Smith(24), Smylie, Snodgrass, Stevenson,Trail, Wills, Wood, Mr. Speaker. Total -- 69.

NAYS -- None.Absent and excused -- Edmunson. Total -- 1.Total -- 70.






Bedke, Bell, Black, Block, Boe, Bolz, Bradford, Campbell,Cannon, Clark, Collins, Crow, Cuddy, Deal, Denney, Douglas,Eberle, Ellsworth, Eskridge, Field(18), Field(23), Gagner,Garrett, Harwood, Henbest, Jaquet, Jones, Kellogg, Lake,

Langford, Langhorst, Martinez, Meyer, Miller, Mitchell, Moyle,Naccarato, Nielsen, Pasley-Stuart, Raybould, Ridinger, Ring,Ringo, Roberts, Robison, Rydalch, Sali, Sayler, Schaefer,Shepherd, Shirley, Skippen, Smith(30), Smith(24), Smylie,Snodgrass, Stevenson, Trail, Wills, Wood, Mr. Speaker.Total -- 66.

NAYS -- Kulczyk, McGeachin, McKague. Total -- 3.Absent and excused -- Edmunson. Total -- 1.Total -- 70.




RECESS

Afternoon Session

The House reconvened at 1:30 p.m., Mr. Denney in theChair.

Roll call showed 67 members present.Absent and excused -- Andersen, Eberle, Trail. Total -- 3.Total -- 70.




At this time, the Speaker Pro Tem recognized Mr. Robison toopen debate.


Roll call resulted as follows:AYES -- Barraclough, Bauer, Bayer, Bedke, Bell, Black,

Block, Boe, Bolz, Bradford, Campbell, Cannon, Clark, Collins,Cuddy, Deal, Denney, Douglas, Edmunson, Ellsworth, Eskridge,Field(18), Field(23), Gagner, Garrett, Harwood, Jaquet, Jones,Kellogg, Kulczyk, Lake, Langford, Langhorst, Martinez,McGeachin, McKague, Meyer, Miller, Mitchell, Moyle,Naccarato, Nielsen, Pasley-Stuart, Raybould, Ring, Ringo,Roberts, Robison, Rydalch, Sali, Sayler, Schaefer, Shepherd,Shirley, Skippen, Smith(30), Smith(24), Smylie, Snodgrass,Stevenson, Wills. Total -- 61.

NAYS -- Barrett. Total -- 1.Absent and excused -- Andersen, Crow, Eberle, Henbest,

Ridinger, Trail, Wood, Mr. Speaker. Total -- 8.Total -- 70.







Black, Block, Boe, Bolz, Bradford, Campbell, Cannon, Clark,Collins, Cuddy, Deal, Denney, Douglas, Edmunson, Ellsworth,Eskridge, Field(18), Field(23), Gagner, Garrett, Henbest, Jaquet,Jones, Kellogg, Lake, Langhorst, Martinez, McGeachin,McKague, Meyer, Miller, Mitchell, Moyle, Naccarato, Nielsen,Pasley-Stuart, Raybould, Ridinger, Ring, Ringo, Roberts,Robison, Rydalch, Sali, Sayler, Schaefer, Shepherd, Shirley,Skippen, Smith(30), Smylie, Snodgrass, Stevenson, Wills, Wood.Total -- 61.

NAYS -- Kulczyk, Langford. Total -- 2.Absent and excused -- Andersen, Crow, Eberle, Harwood,

Smith(24), Trail, Mr. Speaker. Total -- 7.Total -- 70.






Black, Block, Boe, Bolz, Bradford, Campbell, Cannon, Clark,Collins, Cuddy, Deal, Denney, Douglas, Edmunson, Ellsworth,Eskridge, Field(18), Field(23), Gagner, Garrett, Henbest, Jaquet,Jones, Kellogg, Kulczyk, Lake, Langford, Langhorst, Martinez,McGeachin, McKague, Meyer, Miller, Mitchell, Moyle,Naccarato, Nielsen, Pasley-Stuart, Raybould, Ridinger, Ring,Ringo, Robison, Rydalch, Sali, Sayler, Schaefer, Shepherd,Shirley, Skippen, Smith(30), Smith(24), Smylie, Snodgrass,Stevenson, Wills, Wood. Total -- 63.

NAYS -- None.Absent and excused -- Andersen, Crow, Eberle, Harwood,

Roberts, Trail, Mr. Speaker. Total -- 7.Total -- 70.



At this time, the Speaker Pro Tem recognized Mrs. Field(23)to open debate.



Black, Block, Boe, Bolz, Bradford, Campbell, Cannon, Clark,Collins, Cuddy, Deal, Denney, Douglas, Edmunson, Ellsworth,Eskridge, Field(18), Field(23), Gagner, Garrett, Henbest, Jaquet,Jones, Kellogg, Kulczyk, Lake, Langford, Langhorst, Martinez,McGeachin, McKague, Meyer, Miller, Mitchell, Moyle,Naccarato, Nielsen, Pasley-Stuart, Raybould, Ridinger, Ring,Ringo, Robison, Rydalch, Sali, Sayler, Schaefer, Shepherd,Shirley, Skippen, Smith(30), Smith(24), Smylie, Snodgrass,Stevenson, Wills, Wood. Total -- 63.

NAYS -- None.Absent and excused -- Andersen, Crow, Eberle, Harwood,

Roberts, Trail, Mr. Speaker. Total -- 7.Total -- 70.



At this time, the Speaker Pro Tem recognized Mr. Bolz toopen debate.



Black, Block, Boe, Bolz, Bradford, Campbell, Cannon, Clark,Collins, Crow, Cuddy, Deal, Denney, Douglas, Ellsworth,Eskridge, Field(18), Field(23), Gagner, Garrett, Harwood,Henbest, Jaquet, Jones, Kellogg, Kulczyk, Lake, Langford,Langhorst, Martinez, McGeachin, McKague, Meyer, Miller,Mitchell, Moyle, Naccarato, Nielsen, Pasley-Stuart, Raybould,Ridinger, Ring, Ringo, Roberts, Robison, Rydalch, Sali, Sayler,Schaefer, Shepherd, Shirley, Skippen, Smith(30), Smith(24),Smylie, Snodgrass, Stevenson, Wills, Wood. Total -- 65.

NAYS -- None.Absent and excused -- Andersen, Eberle, Edmunson, Trail,



Mr. Moyle asked unanimous consent that HCR 40 and H 655retain their places on the Third Reading Calendar for oneLegislative Day. There being no objection, it was so ordered.


At this time, the Speaker Pro Tem recognized Mr. Smith(24)to open debate.



Roll call resulted as follows:AYES -- Black, Block, Boe, Bolz, Campbell, Cannon, Clark,

Cuddy, Deal, Douglas, Edmunson, Eskridge, Field(18), Gagner,Garrett, Henbest, Jaquet, Jones, Kellogg, Langhorst, Martinez,Meyer, Miller, Mitchell, Naccarato, Pasley-Stuart, Raybould,Ridinger, Ring, Ringo, Sayler, Shepherd, Shirley, Skippen,Smith(30), Smith(24), Smylie, Snodgrass. Total -- 38.

NAYS -- Barraclough, Barrett, Bauer, Bayer, Bedke, Bell,Bradford, Collins, Crow, Denney, Ellsworth, Field(23),Harwood, Kulczyk, Lake, Langford, McGeachin, McKague,Moyle, Nielsen, Roberts, Robison, Rydalch, Sali, Schaefer,Stevenson, Wills, Wood, Mr. Speaker. Total -- 29.

Absent and excused -- Andersen, Eberle, Trail. Total -- 3.Total -- 70.




Adjournment


Whereupon the Speaker Pro Tem declared the Houseadjourned at 2:51 p.m. BRUCE NEWCOMB, Speaker


FORTY-FIFTH LEGISLATIVE DAYWEDNESDAY, FEBRUARY 25, 2004





The Pledge of Allegiance was led by Jessica D'Orazi, Page.



ADMINISTRATION, report that we have read and approved theHouse Journal of the Forty-fourth Legislative Day andrecommend that same be adopted as corrected.

FIELD(18), Chairman




I transmit herewith S 1263, S 1241, S 1242, S 1256, S 1257,S 1258, S 1259, S 1295, and S 1296 which have passed theSenate.

WOOD, Secretary

S 1263, S 1241, S 1242, S 1256, S 1257, S 1258, S 1259,S 1295, and S 1296 were filed for first reading.



We, your COMMITTEE ON JUDICIARY, RULES, ANDADMINISTRATION report that we have printed HCR 50,H 754, H 755, H 756, H 757, H 758, and H 759.

FIELD(18), Chairman

HCR 50 was referred to the Judiciary, Rules, andAdministration Committee.


H 756, H 757, and H 758 were referred to the BusinessCommittee.



We, your COMMITTEE ON TRANSPORTATION ANDDEFENSE, report that we have had under considerationSJM 107 and recommend that it do pass.

WOOD, Chairman

SJM 107 was filed for second reading.


We, your COMMITTEE ON LOCAL GOVERNMENT,report that we have had under consideration H 686 andrecommend that it do pass.

BARRETT, Chairman




CROW, Chairman




We, your COMMITTEE ON STATE AFFAIRS, report thatwe have had under consideration S 1265 and SCR 123 andrecommend that they do pass.

DEAL, Chairman

S 1265 and SCR 123 were filed for second reading.




February 23, 2004

The Honorable Bill SaliChairman, Health and Welfare Committee

Dear Representative Sali:

I hereby designate the Health and Welfare Committee aprivileged committee for the purpose of introducing RS 14184 onWednesday, February 25, 2004.




HOUSE CONCURRENT RESOLUTION NO. 51 BY HEALTH AND WELFARE COMMITTEE


REJECTING CERTAIN RULES OF THE DEPARTMENT OFHEALTH AND WELFARE RELATING TO FOOD SAFETYAND SANITATION STANDARDS FOR FOO DESTABLISHMENTS.



WHEREAS, it is the finding of the Legislature that certainrules of the Department of Health and Welfare relating to foodsafety and sanitation standards for food establishments are notconsistent with legislative intent and should be rejected.

NOW, THEREFORE, BE IT RESOLVED by the membersof the Second Regular Session of the Fifty-seventh IdahoLegislature, the House of Representatives and the Senateconcurring therein, that IDAPA 16.02.19, rules of theDepartment of Health and Welfare governing food safety andsanitation standards for food establishments, adopted as pendingrules under Docket Number 16-0219-0301, the entire rulemakingdocket, and IDAPA 16.02.19, rules of the Department of Healthand Welfare relating to food safety and sanitation standards for

food establishments, adopted as pending rules under DocketNumber 16-0219-0302, the entire rulemaking docket, be, and thesame are hereby rejected and declared null, void and of no forceand effect.





SECTION 63-3029B, IDAHO CODE, TO PROVIDE THATTAXPAYERS MAKING EXPENDITURES FOR QUALIFIEDALTERNATIVE ENERGY GENERATION EQUIPMENT AREENTITLED TO THE INCOME TAX CREDIT FOR CAPITALINVESTMENT; AMENDING CHAPTER 30, TITLE 63,IDAHO CODE, BY THE ADDITION OF A NEW SECTION63-3029Q, IDAHO CODE, TO PROVIDE AN INCOME TAXCREDIT FOR CERTAIN EXPENDITURES RELATING TOINVESTMENT IN ALTERNATIVE ENERGY GENERATIONEQUIPMENT, TO PROVIDE A SUNSET DATE, TOPROVIDE DEFINITIONS, TO PROVIDE A CARRYOVER OFUNUSED CREDITS AND TO PROVIDE PROCEDURES;AMENDING SECTION 63-3029J, IDAHO CODE, TOPROVIDE AN INCOME TAX CREDIT FOR CERTAINEXPENDITURES FOR QUALIFIED ALTERNATIVEENERGY GENERATION EQUIPMENT IN CERTAIN AREASOF IDAHO WITH HIGH UNEMPLOYMENT OR LOWPERSONAL INCOME AT THE ELECTION OF THETAXPAYER FOR TAXABLE YEARS 2004 THROUGH 2009;DECLARING AN EMERGENCY AND PROVIDINGRETROACTIVE APPLICATION.



CHAPTER 30, TITLE 63, IDAHO CODE, BY THEADDITION OF A NEW SECTION 63-3029H, IDAHO CODE,TO PROVIDE FOR AN INCOME TAX CREDIT FORALTERNATIVE ENERGY GENERATION OF ELECTRICITYFOR SIX TAXABLE YEARS, TO PROVIDE THE AMOUNTOF THE CREDIT, TO PROVIDE PROCEDURES, TODEFINE TERMS AND TO PROVIDE FOR CARRYOVERAUTHORITY; DECLARING AN EMERGENCY, PROVIDINGRETROACTIVE APPLICATION AND PROVIDING ASUNSET DATE.


AN ACTA P P R O P R I A T I N G M O N E Y S T O T H E

SELF-GOVERNING AGENCIES FOR THE GENERALBOARDS FOR FISCAL YEAR 2005; APPROPRIATINGMONEYS TO THE SELF-GOVERNING AGENCIES FOR THEMEDICAL BOARDS FOR FISCAL YEAR 2005;APPROPRIATING MONEYS TO THE SELF-GOVERNINGAGENCIES FOR THE REGULATORY BOARDS FORFISCAL YEAR 2005; LIMITING THE NUMBER OF


FULL-TIME EQUIVALENT POSITIONS; AND EXPRESSINGLEGISLATIVE INTENT WITH REGARD TO THEATHLETIC COMMISSION.



OF AGRICULTURE FOR FISCAL YEAR 2005; ANDLIMITING THE NUMBER OF AUTHORIZED FULL-TIMEEQUIVALENT POSITIONS.


AN ACTAPPROPRIATING MONEYS TO THE BOARD OF LAND

COMMISSIONERS FOR THE ENDOWMENT FUNDINVESTMENT BOARD FOR FISCAL YEAR 2005; LIMITINGTHE NUMBER OF FULL-TIME EQUIVALENT POSITIONS;PROVIDING A CONTINUOUS APPROPRIATION FORCERTAIN COSTS; AND EXPRESSING LEGISLATIVEINTENT REGARDING THE TRANSFER OF MONEYS FROMTHE EARNINGS RESERVE FUNDS TO THE INCOMEFUNDS.


AN ACTRELATING TO PUBLIC RECORDS; AMENDING

SECTION 50-907, IDAHO CODE, TO REFERENCERETENTION IN ACCEPTABLE MEDIA; AND AMENDINGSECTION 50-908, IDAHO CODE, TO PERMIT THEDISPOSAL OF CITY RECORDS THAT ARE LESS THANTEN YEARS OLD UNDER CONDITIONS SPECIFIED ANDTO MAKE TECHNICAL CORRECTIONS.



S 1241 and S 1242, by Commerce and Human ResourcesCommittee, were introduced, read the first time by title, andreferred to the Business Committee.

S 1256, S 1257, S 1258, and S 1259, by Commerce andHuman Resources Committee, were introduced, read the firsttime by title, and referred to the Commerce and HumanResources Committee.

S 1295 and S 1296, by Resources and EnvironmentCommittee, were introduced, read the first time by title, andreferred to the Resources and Conservation Committee.



H 592, H 593, and H 633, by Resources and ConservationCommittee, were read the second time by title and filed for thirdreading.

H 667, by Judiciary, Rules, and Administration Committee,was read the second time by title and filed for third reading.


S 1207, S 1208, and S 1209, by Judiciary and RulesCommittee, were read the second time by title and filed for thirdreading.

S 1226, by Commerce and Human Resources Committee,was read the second time by title and filed for third reading.

H 527, H 528, and H 529, by Business Committee, wereread the second time by title and filed for third reading.









SJM 105 was read the third time at length and placed beforethe House for final consideration.

At this time, the Speaker recognized Mr. Wills andMr. Nielsen to open debate.

The question being, "Shall SJM 105 be adopted?"

Whereupon the Speaker declared SJM 105 adopted by voicevote and ordered the memorial returned to the Senate.


At this time, the Speaker recognized Mrs. McGeachin to opendebate.




Bedke, Bell, Black, Block, Boe, Bolz, Bradford, Campbell,Cannon, Clark, Collins, Crow, Cuddy, Deal, Denney, Douglas,Eberle, Edmunson, Ellsworth, Eskridge, Field(18), Field(23),Gagner, Garrett, Harwood, Henbest, Jaquet, Jones, Kellogg,Kulczyk, Lake, Langford, Langhorst, Martinez, McGeachin,McKague, Meyer, Miller, Mitchell, Moyle, Naccarato, Nielsen,Pasley-Stuart, Raybould, Ridinger, Ring, Ringo, Robison,Rydalch, Sali, Sayler, Schaefer, Shepherd, Shirley, Smith(30),Smith(24), Smylie, Snodgrass, Stevenson, Trail, Wills, Wood,Mr. Speaker. Total -- 68.

NAYS -- None.Absent and excused -- Roberts, Skippen. Total -- 2.Total -- 70.

Whereupon the Speaker declared HJM 17 adopted andordered the memorial transmitted to the Senate.





Bedke, Bell, Black, Block, Boe, Bolz, Bradford, Campbell,Cannon, Clark, Collins, Cuddy, Deal, Denney, Douglas, Eberle,Edmunson, Ellsworth, Eskridge, Field(18), Field(23), Gagner,Garrett, Harwood, Henbest, Jaquet, Jones, Kellogg, Lake,Langford, Langhorst, Martinez, McGeachin, McKague, Meyer,Miller, Mitchell, Moyle, Naccarato, Nielsen, Pasley-Stuart,Raybould, Ridinger, Ring, Ringo, Robison, Rydalch, Sali,Sayler, Schaefer, Shepherd, Shirley, Skippen, Smith(30),Smith(24), Smylie, Snodgrass, Stevenson, Trail, Wills, Wood,Mr. Speaker. Total -- 67.

NAYS -- Kulczyk. Total -- 1.Absent and excused -- Crow, Roberts. Total -- 2.Total -- 70.






Black, Block, Boe, Bolz, Campbell, Cannon, Clark, Collins,Cuddy, Deal, Denney, Douglas, Eberle, Edmunson, Ellsworth,Eskridge, Field(18), Gagner, Garrett, Harwood, Henbest, Jaquet,Jones, Kellogg, Kulczyk, Langford, Langhorst, Martinez,McGeachin, McKague, Meyer, Miller, Mitchell, Naccarato,

Nielsen, Pasley-Stuart, Raybould, Ridinger, Ring, Ringo,Robison, Rydalch, Sayler, Schaefer, Shepherd, Skippen,Smith(30), Smith(24), Smylie, Snodgrass, Trail, Wills,Mr. Speaker. Total -- 59.

NAYS -- Bedke, Bradford, Lake, Moyle, Sali, Shirley,Stevenson, Wood. Total -- 8.

Absent and excused -- Crow, Field(23), Roberts. Total -- 3.Total -- 70.



At this time, the Speaker recognized Mr. Wills andMrs. Miller to open debate.


Roll call resulted as follows:AYES -- Andersen, Barraclough, Bauer, Black, Boe,

Campbell, Cannon, Deal, Denney, Douglas, Edmunson,Ellsworth, Field(18), Field(23), Gagner, Garrett, Henbest,Jaquet, Jones, Kellogg, Lake, Langford, Langhorst, Martinez,Meyer, Miller , Mitchell, Moyle, Naccarato, Nielsen,Pasley-Stuart, Raybould, Ring, Ringo, Roberts, Robison,Rydalch, Sali, Sayler, Schaefer, Shepherd, Shirley, Skippen,Smith(30), Smith(24), Smylie, Snodgrass, Stevenson, Trail,Wills, Mr. Speaker. Total -- 51.

NAYS -- Barrett, Bayer, Bedke, Bell, Block, Bolz, Bradford,Clark, Collins, Crow, Cuddy, Eberle, Eskridge, Harwood,Kulczyk, McGeachin, McKague, Ridinger, Wood. Total -- 19.

Total -- 70.

Whereupon the Speaker declared HCR 44 adopted andordered the resolution transmitted to the Senate.

Mr. Denney asked unanimous consent that S 1238 retain itsplace on the Third Reading Calendar for one Legislative Day.There being no objection, it was so ordered.

Mr. Denney asked unanimous consent that H 656 be placedimmediately above H 552, as amended, on the Third ReadingCalendar. There being no objection, it was so ordered.

Mr. Bolz asked unanimous consent that H 603 be returned tothe Education Committee. There being no objection, it was soordered.





Black, Block, Boe, Bolz, Bradford, Campbell, Cannon, Clark,Collins, Cuddy, Denney, Douglas, Eberle, Edmunson,Ellsworth, Eskridge, Field(18), Gagner, Garrett, Harwood,


Henbest, Jaquet, Jones, Kellogg, Kulczyk, Lake, Langford,Langhorst, Martinez, McGeachin, McKague, Miller, Mitchell,Moyle, Naccarato, Nielsen, Pasley-Stuart, Raybould, Ridinger,Ring, Ringo, Roberts, Robison, Rydalch, Sali, Sayler, Schaefer,Shepherd, Shirley, Skippen, Smith(30), Smith(24), Smylie,Snodgrass, Stevenson, Trail, Wills, Wood, Mr. Speaker.Total -- 65.

NAYS -- None.Absent and excused -- Barraclough, Crow, Deal, Field(23),

Meyer. Total -- 5.Total -- 70.



At this time, the Speaker recognized Mr. Robison to opendebate.



Bedke, Bell, Black, Block, Boe, Bolz, Bradford, Campbell,Cannon, Clark, Collins, Cuddy, Deal, Denney, Douglas, Eberle,Edmunson, Ellsworth, Eskridge, Field(18), Gagner, Garrett,Harwood, Henbest, Jaquet, Jones, Kellogg, Kulczyk, Lake,Langford, Langhorst, Martinez, McGeachin, McKague, Meyer,Miller, Mitchell, Moyle, Naccarato, Nielsen, Pasley-Stuart,Raybould, Ridinger, Ring, Ringo, Roberts, Robison, Rydalch,Sali, Sayler, Schaefer, Shepherd, Shirley, Skippen, Smith(30),Smith(24), Smylie, Snodgrass, Stevenson, Trail, Wills, Wood,Mr. Speaker. Total -- 68.

NAYS -- None.Absent and excused -- Crow, Field(23). Total -- 2.Total -- 70.






Bedke, Bell, Black, Block, Boe, Bolz, Bradford, Campbell,Cannon, Clark, Collins, Cuddy, Deal, Denney, Douglas, Eberle,Edmunson, Ellsworth, Eskridge, Field(18), Gagner, Garrett,Harwood, Henbest, Jaquet, Jones, Kellogg, Kulczyk, Lake,Langford, Langhorst, Martinez, McGeachin, McKague, Meyer,Miller, Mitchell, Moyle, Naccarato, Nielsen, Pasley-Stuart,Raybould, Ridinger, Ring, Ringo, Roberts, Robison, Rydalch,

Sali, Sayler, Schaefer, Shepherd, Shirley, Skippen, Smith(30),Smith(24), Smylie, Snodgrass, Stevenson, Trail, Wood,Mr. Speaker. Total -- 67.

NAYS -- None.Absent and excused -- Crow, Field(23), Wills. Total -- 3.Total -- 70.






Bedke, Bell, Black, Block, Boe, Bolz, Bradford, Campbell,Cannon, Clark, Collins, Crow, Cuddy, Deal, Denney, Douglas,Eberle, Edmunson, Ellsworth, Eskridge, Field(18), Field(23),Gagner, Garrett, Harwood, Henbest, Jaquet, Jones, Kellogg,Kulczyk, Lake, Langford, Langhorst, Martinez, McGeachin,McKague, Meyer, Miller, Mitchell, Moyle, Naccarato, Nielsen,Pasley-Stuart, Raybould, Ridinger, Ringo, Roberts, Robison,Rydalch, Sali, Sayler, Schaefer, Shepherd, Shirley, Skippen,Smith(30), Smith(24), Smylie, Snodgrass, Stevenson, Trail,Wood, Mr. Speaker. Total -- 68.

NAYS -- None.Absent and excused -- Ring, Wills. Total -- 2.Total -- 70.






Bedke, Bell, Black, Block, Boe, Bolz, Bradford, Campbell,Cannon, Clark, Collins, Crow, Cuddy, Deal, Denney, Douglas,Eberle, Edmunson, Ellsworth, Eskridge, Field(18), Field(23),Gagner, Garrett, Harwood, Henbest, Jaquet, Jones, Kellogg,Kulczyk, Lake, Langford, Langhorst, Martinez, McGeachin,McKague, Meyer, Miller, Mitchell, Naccarato, Nielsen,Pasley-Stuart, Raybould, Ridinger, Ringo, Robison, Rydalch,Sali, Sayler, Schaefer, Shepherd, Shirley, Skippen, Smith(30),Smith(24), Smylie, Snodgrass, Stevenson, Trail, Wills,Mr. Speaker. Total -- 66.

NAYS -- None.Absent and excused -- Moyle, Ring, Roberts, Wood.








Bedke, Bell, Black, Block, Boe, Bolz, Bradford, Campbell,Cannon, Clark, Collins, Crow, Cuddy, Deal, Denney, Douglas,Eberle, Edmunson, Ellsworth, Eskridge, Field(18), Field(23),Gagner, Garrett, Harwood, Henbest, Jaquet, Jones, Kellogg,Kulczyk, Lake, Langford, Langhorst, Martinez, McGeachin,McKague, Meyer, Miller, Mitchell, Naccarato, Nielsen,Pasley-Stuart, Raybould, Ridinger, Ring, Ringo, Robison,Rydalch, Sali, Sayler, Schaefer, Shepherd, Shirley, Skippen,Smith(30), Smith(24), Smylie, Snodgrass, Stevenson, Trail,Wills, Mr. Speaker. Total -- 67.

NAYS -- None.Absent and excused -- Moyle, Roberts, Wood. Total -- 3.Total -- 70.






Bedke, Bell, Black, Block, Boe, Bolz, Bradford, Campbell,Cannon, Clark, Collins, Crow, Cuddy, Deal, Denney, Douglas,Eberle, Edmunson, Ellsworth, Eskridge, Field(18), Field(23),Gagner, Garrett, Harwood, Henbest, Jaquet, Jones, Kellogg,Kulczyk, Lake, Langford, Langhorst, Martinez, McGeachin,McKague, Meyer, Miller, Mitchell, Moyle, Naccarato, Nielsen,Pasley-Stuart, Raybould, Ridinger, Ring, Ringo, Roberts,Robison, Rydalch, Sali, Sayler, Schaefer, Shepherd, Shirley,Skippen, Smith(30), Smith(24), Smylie, Snodgrass, Stevenson,Trail, Wills, Mr. Speaker. Total -- 69.

NAYS -- None.Absent and excused -- Wood. Total -- 1.Total -- 70.






Bedke, Bell, Black, Block, Boe, Bolz, Bradford, Campbell,Cannon, Clark, Collins, Crow, Cuddy, Deal, Denney, Douglas,Eberle, Edmunson, Ellsworth, Eskridge, Field(18), Field(23),Gagner, Garrett, Harwood, Henbest, Jaquet, Jones, Kellogg,Kulczyk, Lake, Langford, Langhorst, Martinez, McGeachin,McKague, Meyer, Miller, Mitchell, Moyle, Naccarato, Nielsen,Pasley-Stuart, Raybould, Ridinger, Ring, Ringo, Roberts,Robison, Rydalch, Sali, Sayler, Schaefer, Shepherd, Shirley,Skippen, Smith(30), Smith(24), Smylie, Snodgrass, Stevenson,Trail, Wills, Mr. Speaker. Total -- 69.

NAYS -- None.Absent and excused -- Wood. Total -- 1.Total -- 70.




Pursuant to Rule 38(3), Mr. Meyer disclosed a conflict ofinterest regarding H 706.



Bedke, Bell, Black, Block, Boe, Bolz, Bradford, Campbell,Cannon, Clark, Collins, Cuddy, Deal, Denney, Douglas, Eberle,Edmunson, Ellsworth, Eskridge, Field(18), Field(23), Gagner,Garrett, Harwood, Henbest, Jaquet, Jones, Kellogg, Kulczyk,Lake, Langford, Langhorst, Martinez, McGeachin, McKague,Meyer, Miller, Mitchell, Moyle, Naccarato, Nielsen,Pasley-Stuart, Raybould, Ridinger, Ring, Ringo, Roberts,Robison, Rydalch, Sali, Sayler, Schaefer, Shepherd, Shirley,Skippen, Smith(30), Smith(24), Smylie, Snodgrass, Stevenson,Trail, Wills, Wood, Mr. Speaker. Total -- 69.

NAYS -- None.Absent and excused -- Crow. Total -- 1.Total -- 70.


Mr. Moyle moved that the House recess until 1 p.m.Seconded by Ms. Jaquet. Motion carried.



RECESS

Afternoon Session


Roll call showed 68 members present.Absent and excused -- Eberle, Mr. Speaker. Total -- 2.Total -- 70.




At this time, the Speaker Pro Tem recognized Mr. Deal toopen debate.


Whereupon the Speaker Pro Tem declared SJM 106 adoptedby voice vote and ordered the memorial returned to the Senate.


At this time, the Speaker Pro Tem recognized Mrs. Wood toopen debate.



Black, Block, Boe, Bolz, Bradford, Campbell, Cannon, Clark,Collins, Crow, Cuddy, Deal, Denney, Douglas, Edmunson,Ellsworth, Eskridge, Field(23), Gagner, Garrett, Harwood,Henbest, Jaquet, Kellogg, Kulczyk, Lake, Langford, Langhorst,Martinez, McGeachin, McKague, Meyer, Miller, Mitchell,Moyle, Naccarato, Pasley-Stuart, Raybould, Ridinger, Ring,Ringo, Roberts, Robison, Rydalch, Sali, Sayler, Shepherd,Shirley, Smith(30), Smith(24), Smylie, Snodgrass, Stevenson,Trail, Wills, Wood. Total -- 62.

NAYS -- None.Absent and excused -- Bedke, Eberle, Field(18), Jones,

Nielsen, Schaefer, Skippen, Mr. Speaker. Total -- 8.Total -- 70.






Black, Block, Bolz, Bradford, Campbell, Cannon, Clark,Collins, Crow, Cuddy, Deal, Denney, Edmunson, Ellsworth,Eskridge, Field(23), Gagner, Garrett, Harwood, Jones, Kellogg,Kulczyk, Lake, Langford, McGeachin, McKague, Meyer,Miller, Moyle, Naccarato, Raybould, Ridinger, Ring, Roberts,Rydalch, Sali, Sayler, Schaefer, Shepherd, Shirley, Skippen,Smith(24), Smylie, Snodgrass, Stevenson, Trail, Wills, Wood.Total -- 54.

NAYS -- Andersen, Boe, Douglas, Henbest, Jaquet,Langhorst, Martinez, Mitchell, Pasley-Stuart, Ringo, Robison,Smith(30). Total -- 12.

Absent and excused -- Eberle, Field(18), Nielsen,Mr. Speaker. Total -- 4.

Total -- 70.



At this time, the Speaker Pro Tem recognized Mr. Bedke toopen debate.



Black, Block, Bolz, Bradford, Campbell, Cannon, Clark,Collins, Crow, Cuddy, Deal, Denney, Edmunson, Ellsworth,Field(18), Field(23), Gagner, Garrett, Harwood, Jones, Kellogg,Kulczyk, Lake, Langford, McGeachin, McKague, Meyer,Miller, Mitchell, Moyle, Naccarato, Nielsen, Raybould,Ridinger, Ring, Roberts, Rydalch, Sali, Schaefer, Shepherd,Shirley, Skippen, Smith(24), Smylie, Snodgrass, Stevenson,Trail, Wills, Wood. Total -- 55.

NAYS -- Andersen, Boe, Douglas, Henbest, Jaquet,Langhorst, Martinez, Pasley-Stuart, Ringo, Robison, Sayler,Smith(30). Total -- 12.

Absent and excused -- Eberle, Eskridge, Mr. Speaker.Total -- 3.

Total -- 70.



At this time, the Speaker Pro Tem recognized Mr. Lake toopen debate.



Bedke, Bell, Black, Block, Boe, Bolz, Campbell, Cannon, Clark,Collins, Cuddy, Deal, Denney, Douglas, Edmunson, Ellsworth,


Field(18), Field(23), Gagner, Garrett, Harwood, Henbest,Jaquet, Jones, Kellogg, Kulczyk, Lake, Langford, Langhorst,Martinez, McGeachin, McKague, Meyer, Miller, Mitchell,Moyle, Naccarato, Nielsen, Raybould, Ridinger, Ring, Roberts,Robison, Rydalch, Sali, Sayler, Schaefer, Shepherd, Shirley,Skippen, Smith(30), Smith(24), Smylie, Snodgrass, Stevenson,Trail, Wills, Wood. Total -- 63.

NAYS -- Pasley-Stuart, Ringo. Total -- 2.Absent and excused -- Bradford, Crow, Eberle, Eskridge,




At this time, the Speaker Pro Tem recognized Mrs. Garrettand Mr. Schaefer to open debate.



Block, Boe, Bolz, Bradford, Campbell, Cannon, Clark, Collins,Crow, Cuddy, Deal, Denney, Douglas, Ellsworth, Field(18),Field(23), Gagner, Garrett, Harwood, Henbest, Jaquet, Jones,Kellogg, Lake, Langford, Langhorst, Martinez, Meyer, Miller,Mitchell, Moyle, Naccarato, Nielsen, Pasley-Stuart, Raybould,Ridinger, Ring, Ringo, Roberts, Robison, Rydalch, Sayler,Schaefer, Shepherd, Shirley, Skippen, Smith(30), Smith(24),Smylie, Snodgrass, Stevenson, Trail, Wills. Total -- 59.

NAYS -- Barrett, Kulczyk, McGeachin, McKague, Sali,Wood. Total -- 6.

Absent and excused -- Bedke, Eberle, Edmunson, Eskridge,Mr. Speaker. Total -- 5.

Total -- 70.






Block, Bolz, Bradford, Cannon, Clark, Collins, Crow, Denney,Gagner, Garrett, Harwood, Kellogg, Kulczyk, Lake, McGeachin,McKague, Moyle, Roberts, Rydalch, Schaefer, Smith(24),Stevenson, Wood. Total -- 29.

NAYS -- Andersen, Black, Boe, Campbell, Cuddy, Deal,Douglas, Edmunson, Ellsworth, Eskridge, Field(18), Field(23),Henbest, Jaquet, Jones, Langford, Langhorst, Martinez, Meyer,Miller, Mitchell, Naccarato, Nielsen, Pasley-Stuart, Raybould,

Ridinger, Ring, Ringo, Robison, Sali, Sayler, Shepherd, Shirley,Skippen, Smith(30), Smylie, Snodgrass, Trail, Wills.Total -- 39.

Absent and excused -- Eberle, Mr. Speaker. Total -- 2.Total -- 70.

Whereupon the Speaker Pro Tem declared H 639 failed topass the House and ordered the bill filed in the Office of theChief Clerk.



Adjournment

Mr. Moyle moved that the House adjourn until10 a.m., Thursday, February 26, 2004. Seconded byMs. Jaquet. Motion carried.



FORTY-SIXTH LEGISLATIVE DAYTHURSDAY, FEBRUARY 26, 2004





The Pledge of Allegiance was led by Dustin Grant, Page.



ADMINISTRATION, report that we have read and approved theHouse Journal of the Forty-fifth Legislative Day and recommendthat same be adopted as corrected. FIELD(18), Chairman




I transmit herewith enrolled S 1229 and S 1230 for thesignature of the Speaker. WOOD, Secretary




I transmit herewith S 1240, SCR 127, SCR 128, SCR 129,S 1365, S 1255, S 1273, S 1377, S 1281, S 1267, S 1268,S 1306, and S 1298 which have passed the Senate.

WOOD, Secretary

S 1240, SCR 127, SCR 128, SCR 129, S 1365, S 1255,S 1273, S 1377, S 1281, S 1267, S 1268, S 1306, and S 1298were filed for first reading.



We, your COMMITTEE ON JUDICIARY, RULES, ANDADMINISTRATION report that we have printed HCR 51,H 760, H 761, H 762, H 763, H 764, and H 765.

FIELD(18), Chairman



HCR 51, H 762, H 763, and H 764 were filed for secondreading.



SALI, Chairman



We, your COMMITTEE ON AGRICULTURAL AFFAIRS,report that we have had under consideration H 653 and H 678and recommend that they do pass.

JONES, Chairman



We, your COMMITTEE ON EDUCATION, report that wehave had under consideration H 713 and H 740 and recommendthat they do pass.




We, your COMMITTEE ON COMMERCE AND HUMANRESOURCES, report that we have had under considerationS 1276 and recommend it be referred to the Business Committee.

SCHAEFER, Chairman

S 1276 was referred to the Business Committee.


We, your COMMITTEE ON RESOURCES ANDCONSERVATION, report that we have had under considerationHJR 11 and recommend that it do pass.

STEVENSON, Chairman

HJR 11 was filed for second reading.


We, your COMMITTEE ON RESOURCES ANDCONSERVATION, report that we have had under considerationH 634 and H 636 and report them back with amendmentsattached to be placed on General Orders for consideration.

STEVENSON, Chairman

H 634 and H 636 were placed on General Orders forconsideration.


We, your COMMITTEE ON JUDICIARY, RULES, ANDADMINISTRATION, report that we have had underconsideration H 531 and recommend that it do pass.

FIELD(18), Chairman




FIELD(18), Chairman



We, your COMMITTEE ON BUSINESS, report that we havehad under consideration H 671, S 1227, S 1228, and S 1277 andrecommend that they do pass. BLACK, Chairman

H 671, S 1227, S 1228, and S 1277 were filed for secondreading.


We, your COMMITTEE ON STATE AFFAIRS, report thatwe have had under consideration S 1252 and recommend that itdo pass. DEAL, Chairman




CROW, Chairman





Mr. Denney moved that the House do now resolve itself intoa Committee of the Whole House for the consideration of GeneralOrders. Seconded by Ms. Henbest. Motion carried.





We, your COMMITTEE OF THE WHOLE HOUSE, reportthat we have had under consideration H 609, H 589, HCR 42,H 651, H 630, H 726, H 696, H 634, and H 636 and reportthem back without recommendation, amended as follows:


AMENDMENTS TO SECTION 1On page 2 of the printed bill, in line 8, delete "Evidence" and

insert: "Information"; in line 10, delete "evidence" and insert:"information"; and in line 15, delete "evidence" and insert:"information".

AMENDMENT TO THE BILLOn page 3, following line 53, insert:"SECTION 2. An emergency existing therefor, which


CORRECTIONS TO TITLEOn page 1, in line 3, delete "EVIDENCE" and insert:

"INFORMATION"; and in line 7, delete "EVIDENCE" andinsert: "INFORMATION; AND DECL ARING ANEMERGENCY".


AMENDMENTS TO SECTION 1On page 1 of the printed bill, in line 12, delete "other person

licensed as a bail agent"; and delete line 13, and insert: "otherperson not convicted of a felony and at least twenty-one (21)years of age or older to do so.".

CORRECTION TO TITLEOn page 1, in line 3, delete "LICENSED AS BAIL AGENTS

OR PEACE OFFICERS" and insert: "NOT CONVICTED OF AFELONY AND AT LEAST TWENTY-ONE YEARS OF AGEOR OLDER".

HOUSE AMENDMENT TO HCR 42

AMENDMENT TO THE RESOLUTIONOn page 1 of the printed resolution, in line 31, delete "shall

include" and insert: "may include, but not be limited to,".


AMENDMENT TO SECTION 1On page 1 of the printed bill, in line 22, delete "and" and

insert: "or"; in line 24, following "section" insert: ", but notboth"; and in line 37 delete "fifteen dollars and fifty cents($15.50)" and insert: "twelve dollars and fifty cents ($12. 50)".

CORRECTION TO TITLEOn page 1, in line 4, delete "FIFTEEN DOLLARS" and

insert: "TWELVE DOLLARS".


AMENDMENT TO THE BILLOn page 1 of the printed bill, delete lines 33 through 41; and

delete all of page 2.

CORRECTION TO TITLEOn page 1, delete lines 8 through 18 and insert: "ADOPTION

OF A CONCURRENT RESOLUTION.".



"annuitant" insert: "under option 4 either".


AMENDMENT TO SECTION 1On page 1 of the printed bill, in line 18, following "gram"

insert: ", with the following limitations:(1) Participation in the pilot program shall be limited to one

hundred (100) clients;(2) The length of the pilot program shall be limited to three

(3) years;(3) Participation shall be limited to clients with a body mass

index (BMI) over twenty-five (25); and(4) The department shall report annually to the senate and

house health and welfare committees concerning the progress onall programs initiated under the waiver".

CORRECTION TO TITLEOn page 1, in line 6, following "ING" insert: "AND TO

PROVIDE LIMITATIONS".


AMENDMENT TO SECTION 2On page 3 of the printed bill, in line 37, delete "and the

owner of the servient estate" and insert: ", in order to ensure thatany such encroachments will not unreasonably or materiallyinterfere with the use and enjoyment of the right-of-way"; and inline 41, following "right-of-way" insert: ", in the event that anysuch encroachments unreasonably or materially interfere with theuse and enjoyment of the right-of-way. Nothing in this sectionshall in any way affect the exercise of the right of eminentdomain for the public purposes set forth in section 7-701, IdahoCode".

AMENDMENTS TO SECTION 4On page 4, in line 13, delete "and the owner of the" and in

line 14, delete "servient estate" and insert: ", in order to ensure


that any such encroachments will not unreasonably or materiallyinterfere with the use and enjoyment of the easement orright-of-way"; in line 17, following "right-of-way" delete "or theowner of the" and in line 18, delete "servient estate" and insert:", in the event that any such encroachments unreasonably ormaterially interfere with the use and enjoyment of the easementor right-of-way. Nothing in this section shall in any way affectthe exercise of the right of eminent domain for the publicpurposes set forth in section 7-701, Idaho Code".

AMENDMENTS TO THE BILLOn page 1, delete lines 16 through 43, and on page 2, delete

lines 1 through 52, and renumber subsequent sections of the billaccordingly.

CORRECTION TO TITLEOn page 1, in line 2, delete "AMENDING SEC-", and delete

lines 3, 4 and 5 and in line 6, delete "AND TO REQUIRENOTIFICATION;".


AMENDMENT TO THE BILLOn page 2 of the printed bill, delete lines 31 through 53; and

delete pages 3, 4 and 5.

CORRECTION TO TITLEOn page 1, in line 3, following ""CONSUMPTIVE", delete

the remainder of the line, delete lines 4 and 5, and insert:"USE."".

MOYLE, Chairman



H 609, as amended, H 589, as amended, HCR 42, asamended, H 651, as amended, H 630, as amended, H 726, asamended, H 696, as amended, H 634, as amended, and H 636,as amended, were referred to the Judiciary, Rules, andAdministration Committee for engrossing.





A CONCURRENT RESOLUTIONPROPOSING A NEW JOINT RULE 23 TO THE JOINT

RULES OF THE SENATE AND THE HOUSE OFREPRESENTATIVES.


WHEREAS, health care and health insurance issues continueto play a prominent policy role in the state of Idaho; and

WHEREAS, the Health Care Task Force has been studyinghealth care issues for several years in order to evaluate healthcare policies and proposals in Idaho; and

WHEREAS, the members of the House of Representativesand the Senate believe that a new Joint Rule 23 should be addedto the Joint Rules of the Senate and the House of Representativesto provide for the creation of a Health Care Standing Committeeto continue to undertake the evaluation and recommendation ofpolicies and legislation to address health care and healthinsurance issues.

NOW, THEREFORE, BE IT RESOLVED by the membersof the Second Regular Session of the Fifty-seventh IdahoLegislature, the House of Representatives and the Senateconcurring therein, that the Joint Rules of the Senate and theHouse of Representatives be amended by the addition thereto of anew Joint Rule to read as follows:

JOINT RULE 23Health Care Standing Committee. -- Notwithstanding anyother rule of the Legislature to the contrary, there ishereby established a Health Care standing committeewhose members shall be appointed by the Speaker and thePresident Pro Tempore; the number of members on theHealth Care committee shall be fixed in the order ofappointment, and such order shall be read into theJournal; and provided that other rules of the Legislatureapplicable to standing committees shall also apply to theHealth Care standing committee.



ACKNOWLEDGING THE RECORD OF ACCOMPLISHMENTAND THE PROMISE FOR THE FUTURE OF THEINSTITUTIONS OF HIGHER EDUCATION IN THE STATEOF IDAHO.


WHEREAS, the people of the state of Idaho are justifiablyproud of our rich tradition of quality institutions of highereducation; and

WHEREAS, the University of Idaho was created in 1889 bythe 15th Territorial Legislature and is a publicly supportedcomprehensive land-grant institution; and

WHEREAS, the University maintains a record of excellencein research and instructional programs; and

WHEREAS, Idaho State University, founded in 1901 as theAcademy of Idaho, advanced to status as a university in 1963,and is a leader in Idaho in health professions as well as aninclusive university curriculum; and

WHEREAS, Boise State University was founded in 1932,attained its current university status in 1974, and is now central toall-encompassing educational and cultural opportunities in thestate' s capitol city; and

WHEREAS, the College of Southern Idaho, Eastern IdahoTechnical College, Lewis-Clark State College and North IdahoCollege further enhance delivery of higher educationalopportunities in Idaho; and

WHEREAS, recent exemplary contributions ofActing-President Gary Michael and the selection of TimothyWhite portend a luminous and exciting future for the Universityof Idaho; and


WHEREAS, Boise State University President Robert Kustra,also newly arrived in Idaho, and Idaho State University PresidentRichard Bowen, who continues his dedicated service, and theleaders of each of the institutions in Idaho contribute to the healthof the system of higher education with ideas and innovationswhich continue to invigorate the system and improve theprograms available to students in Idaho; and

WHEREAS, it is appropriate to recognize and commendthese institutions and their leaders at this time as there arechanges and innovations which will continue to advance theitinerary of higher education in Idaho, where continuedcooperation will compliment individual efforts, and whereachievements will redound to the benefit of all Idahoans.

NOW, THEREFORE, BE IT RESOLVED by the membersof the Second Regular Session of the Fifty-seventh IdahoLegislature, the House of Representatives and the Senateconcurring therein, that we extend our acknowledgement of therecord of accomplishment and the promise for the future of theinstitutions of higher education in the state of Idaho. We pledgeour continued interest and support of these programs andwelcome the opportunity which is ours to invigorate the systemwith an infusion of new ideas.





WHEREAS, military veterans who suffer fromservice-connected disabilities have had to forfeit a dollar ofmilitary retired pay for each dollar of Department of VeteransAffairs Disability Compensation pay they receive; and

WHEREAS, the Military Retirement Trust Fund wasauthorized by Public Law 98-94 for accumulation of funds tofinance the liabilities of the Department of Defense under militaryretirement and survivors benefit programs; and

WHEREAS, the reported mission of the Military RetirementTrust Fund is to accumulate funds in order to finance, on anactuarially sound basis, the liabilities of the Department ofDefense under military retirement and survivors benefitprograms; and

WHEREAS, the Secretary of Defense is tasked with theresponsibility of budgeting funds annually for replenishment ofthe fund; and

WHEREAS, disabled retired veterans are having deductionsfrom their retirement checks to offset, dollar for dollar, theirDepartment of Veterans Affairs Disability Compensation andthose offsets are Military Retirement Trust Fund assets, whichshould be creating a surplus; and

WHEREAS, the United States government and theDepartment of Defense have been required by their own laws andregulations to fund retired military pay; and

WHEREAS, no persons, other than military retirees, fundtheir own disability payments from their retirement funds; and

WHEREAS, this inequity was partially addressed inNovember 2003, when President Bush signed the fiscal year 2004Department of Defense bill containing provisions to phase-inconcurrent receipt; and

WHEREAS, Public Law 108-136 became effectiveJanuary 1, 2004; and

WHEREAS, all military retirees with Department of VeteransAffairs disability ratings of fifty percent or higher will have fullconcurrent receipt phased-in over a ten year period; and

WHEREAS, National Guard and Reservist career retireeswill be treated the same as active duty retirees and will beincluded in both the Combat-Related Special CompensationProgram and the phase-in of concurrent disability pay receipt forveterans rated fifty percent or higher; and

WHEREAS, Public Law 108-136 is a move forward;however, military retirees with noncombat disabilities rated lessthan fifty percent continue to be treated unfairly; and

WHEREAS, Idaho' s chartered veterans' organizations intendto resume efforts to expand concurrent receipt benefits to moreretirees during the 108th Congress.

NOW, THEREFORE, BE IT RESOLVED by the membersof the Second Regular Session of the Fifty-seventh IdahoLegislature, the House of Representatives and the Senateconcurring therein, that we support the concurrent receipt ofmilitary retirement pay and disability compensation.



SCR 127 and SCR 128, by Judiciary and Rules Committee,were introduced, read the first time by title, and referred to theAgricultural Affairs Committee.

SCR 129, by State Affairs Committee, was introduced, readthe first time by title, and referred to the Resources andConservation Committee.




OF LANDS FOR FISCAL YEAR 2005; AND LIMITING THENUMBER OF AUTHORIZED FULL-TIME EQUIVALENTPOSITIONS.


AN ACTAPPROP RIATING MONEYS TO THE SOIL

CONSERVATION COMMISSION FOR FISCAL YEAR 2005;AND LIMITING THE NUMBER OF AUTHORIZEDFULL-TIME EQUIVALENT POSITIONS.



AN ACTAPPROPRIATING MON EYS FOR GENE RAL

EDUCATION PROGRAMS AT BOISE STATE UNIVERSITY,IDAHO STATE UNIVERSITY, LEWIS-CLARK STATECOLLEGE, THE UNIVERSITY OF IDAHO AND FOR THEOFFICE OF THE STATE BOARD OF EDUCATION FORFISCAL YEAR 2005; LIMITING THE AMOUNT OF THEGENERAL FUND APPROPRIATION TO BE USED BY THEOFFICE OF THE STATE BOARD OF EDUCATION;ESTABLISHING AN AMOUNT OF THE GENERAL FUNDAPPROPRIATION THAT IS TO BE EXPENDED FORRESEARCH; ESTABLISHING AN AMOUNT OF THEGENERAL FUND APPROPRIATION TO BE EXPENDEDFOR COMPETITIVE TECHNOLOGY GRANTS, AND FORPARTICIPATION IN THE WESTERN GOVERNORS'ASSOCIATION' S VIRTUAL UNIVERSITY AND THE IDAHOELECTRONIC CAMPUS; ESTABLISHING AN AMOUNT OFTHE GENERAL FUND APPROPRIATION TO BEEXPENDED FOR TEACHER PREPARATION ACTIVITIES;ESTABLISHING AN AMOUNT OF THE GENERAL FUNDAPPROPRIATION TO BE EXPENDED FOR THEG O V E R N OR ' S C O L L E G E A N D U N I V E R S I T YEXCELLENCE INITIATIVE; REQUIRING THE STATEBOARD OF EDUCATION TO TRACK AND REPORTFACULTY, NONFACULTY EXEMPT AND CLASSIFIEDSTAFF TURNOVER; EXPRESSING THE BELIEF OF THELEGISLATURE REGARDING FUNDING EQUITY AMONGIDAHO' S FOUR YEAR INSTITUTIONS OF HIGHEREDUCATION; REAPPROPRIATING ANY UNEXPENDEDAND UNENCUMBERED BALANCES; AND SETTINGFORTH THE CONDITIONS FOR REAPPROPRIATION.


AN ACTRELATING TO TEACHERS; AMENDING CHAPTER 12,

TITLE 33, IDAHO CODE, BY THE ADDITION OF A NEWSECTION 33-1210, IDAHO CODE, TO AUTHORIZEREHIRING RETIRED TEACHERS OR EDUCATORS UNDERCONDITIONS SPECIFIED WHICH GOVERN THEDECL ARATION OF A CRITIC AL SHORTAGE,APPLICATION OF RETIREMENT PROVISIONS, BENEFITSAND CONTRACT TERMS; AND PROVIDING A SUNSETDATE.


AN ACTRELATING TO THE POWERS AND DUTIES OF THE

STATE ATHLETIC COMMISSION; REPEALINGSECTIONS 54-411, 54-419 AND 54-422, IDAHO CODE;AMENDING SECTION 54-401, IDAHO CODE, TOINCREASE COMPENSATION; AMENDING SECTION54-402, IDAHO CODE, TO FURTHER DEFINE TERMS;AMENDING SECTION 54-403, IDAHO CODE, TOAUTHORIZE APPOINTMENT OF DEPUTY STATEATHLETIC COMMISSIONERS AND OF FICIALINSPECTORS AND TO SPECIFY THEIR DUTIES;AMENDING SECTION 54-405, IDAHO CODE, TOAUTHORIZE A SANCTIONING PERMIT; AMENDINGSECTION 54-406, IDAHO CODE, TO SPECIFY DUTIES OF

THE COMMISSION REGARDING SANCTIONING PERMITSAND TO SPECIFY EXEMPTIONS FROM THEREQUIREMENTS; AMENDING CHAPTER 4, TITLE 54,IDAHO CODE, BY THE ADDITION OF A NEW SECTION54-407, IDAHO CODE, TO GOVERN THE TIME REQUIREDBETWEEN CONTESTS; AMENDING SECTION 54-407,IDAHO CODE, TO REDESIGNATE THE SECTION AND TOSPECIFY BOND REQUIREMENTS FOR PROMOTERS;AMENDING CHAPTER 4, TITLE 54, IDAHO CODE, BYTHE ADDITION OF A NEW SECTION 54-409, IDAHOCODE, TO SPECIFY ISSUES TO BE CONSIDERED BEFOREISSUANCE OF A LICENSE OR SANCTIONING PERMIT;AMENDING SECTION 54-408, IDAHO CODE, TOREDESIGNATE THE SECTION AND TO PROVIDEREFERENCE TO A SANCTIONING PERMIT; AMENDINGSECTION 54-409, IDAHO CODE, TO REDESIGNATE THESECTION, TO REQUIRE A GROSS RECEIPTS REPORT, TOSPECIFY THE CONTENTS OF THE REPORT AND TOMAKE TECHNICAL CORRECTIONS; AMENDINGCHAPTER 4, TITLE 54, IDAHO CODE, BY THE ADDITIONOF A NEW SECTION 54-412, IDAHO CODE, TO CREATETHE STATE ATHLETIC COMMISSION FUND; AMENDINGSECTION 54-410, IDAHO CODE, TO REDESIGNATE THESECTION, TO REVISE TERMINOLOGY AND TO MAKETECHNICAL CORRECTIONS; AMENDING SECTION54-412, IDAHO CODE, TO REDESIGNATE THE SECTION,TO PROVIDE LIMITS ON THE ROUNDS AND BOUTS ANDTO CLARIFY THE WEIGHT OF GLOVES; AMENDINGSECTION 54-413, IDAHO CODE, TO REDESIGNATE THESECTION AND TO PROVIDE REQUIREMENTS FOR THEEXAMINATION OF CONTESTANTS' PHYSICALCONDITION; AMENDING SECTION 54-414, IDAHO CODE,TO REDESIGNATE THE SECTION AND TO REVISETERMINOLOGY IN REFERENCE TO REQUIREMENTS FORANNUAL LICENSES; AMENDING SECTION 54-415, IDAHOCODE, TO REDESIGNATE THE SECTION AND TO REVISETERMINOLOGY; AMENDING SECTION 54-416, IDAHOCODE, TO REDESIGNATE THE SECTION AND TO REVISETERMINOLOGY RELATING TO VIOLATIONS ANDPENALTIES; AMENDING SECTION 54-417, IDAHO CODE,TO REDESIGNATE THE SECTION AND TO PROVIDECORRECT TERMINOLOGY; AMENDING SECTION 54-418,IDAHO CODE, TO REDESIGNATE THE SECTION, TOPROHIBIT CERTAIN ACTS AND TO PROVIDE PENALTIES;AMENDING SECTION 54-420, IDAHO CODE, TOREDESIGNATE THE SECTION AND TO REQUIREEMERGENCY MEDICAL EQUIPMENT AND PERSONNEL;AND AMENDING SECTION 54-421, IDAHO CODE, TOREDESIGNATE THE SECTION AND TO REVISETERMINOLOGY RELATED TO REQUIREMENTS FORSECURITY.


AN ACTRELATING TO PATERNITY FRAUD; AMENDING

CHAPTER 10, TITLE 32, IDAHO CODE, BY THEADDITION OF A NEW SECTION 32-1009, IDAHO CODE,TO PROVIDE FOR THE VACATION OF A CHILD SUPPORTORDER BASED UPON A FINDING OF PATERNITYFRAUD, TO REQUIRE MOTIONS TO BE FILED IN ASPECIFIED TIME PERIOD AND TO PROVIDE FORACTIONS FOR RESTITUTION.



AN ACTRELATING TO ADMINISTRATIVE RULES;

CONTINUING CERTAIN RULES IN FULL FORCE ANDEFFECT UNTIL JULY 1, 2005; CONTINUING RULESAPPROVED OR EXTENDED BY ADOPTION OF ACONCURRENT RESOLUTION OF THE SECOND REGULARSESSION OF THE FIFTY-SEVENTH IDAHO LEGISLATUREIN FULL FORCE AND EFFECT UNTIL JULY 1, 2005, ORUNTIL SUCH TIME AS THEY SHALL EXPIRE; PROVIDINGTHAT RULES REJECTED BY CONCURRENT RESOLUTIONSHALL BE NULL, VOID AND OF NO FORCE ANDEFFECT; AUTHORIZING AGENCIES TO AMEND ORREPEAL CERTAIN RULES PURSUANT TO THEADMINISTRATIVE PROCEDURE ACT AND DECLARINGTHE EFFECT OF THIS ACT UPON ADMINISTRATIVERULES; AND PROVIDING SEVERABILITY.



LANDLORD TENANT ACT; AMENDING SECTION 55-2010,IDAHO CODE, TO PROVIDE CLARIFICATION, TOINCREASE THE NOTICE TIME WHICH MUST BE GIVENBEFORE TERMINATION OF A TENANCY UPONCESSATION OF THE OPERATION AND TO MAKETECHNICAL CORRECTIONS.


AN ACTRELATING TO STATE PARKS; AMENDING SECTION

67-4212, IDAHO CODE, TO PROVIDE FOR THE CORRECTNAME OF THE EARL M. HARDY BOX CANYON SPRINGSNATURE PRESERVE IN MALAD GORGE STATE PARK;AND DECLARING AN EMERGENCY.


AN ACTRELATING TO AGRICULTURAL COMMODITY

PRODUCER AND DEALER LIENS; AMENDING SECTION45-1801, IDAHO CODE, TO REVISE A DEFINITION ANDTO DEFINE A TERM; AMENDING SECTION 45-1802,IDAHO CODE, TO REVISE PROVISIONS RELATING TOTHE CREATION OF CERTAIN LIENS; AMENDINGSECTION 45-1803, IDAHO CODE, TO REVISE PROVISIONSRELATING TO THE ATTACHMENT OF CERTAIN LIENS;AMENDING SECTION 45-1804, IDAHO CODE, TO REVISEPROVISIONS RELATING TO THE DURATION OFCERTAIN LIENS; AMENDING SECTION 45-1805, IDAHOCODE, TO REVISE PROVISIONS RELATING TO THEPRIORITY OF CERTAIN LIENS; AMENDING SECTION45-1806, IDAHO CODE, TO REVISE PROVISIONSRELATING TO THE DISCHARGE OF CERTAIN LIENS;REPEALING SECTION 45-1810, IDAHO CODE; ANDAMENDING CHAPTER 18, TITLE 45, IDAHO CODE, BYTHE ADDITION OF A NEW SECTION 45-1811, IDAHOCODE, TO PROVIDE THAT PERSONS SELLING ORAGREEING TO SELL ANY AGRICULTURAL PRODUCTFOR USE AS LIVESTOCK FEED MAY ASK FOR ANDOBTAIN SPECIFIED INFORMATION FROM PERSONS

WITH CERTAIN SECURITY INTERESTS, TO PROVIDE AFORM, TO PROVIDE A PROCEDURE, TO PROVIDE FORIMMUNITY FROM CIVIL AND CRIMINAL LIABILITY, TOREQUIRE THAT CERTAIN OWNERS OF LIVESTOCKDISCLOSE SPECIFIED INFORMATION AND TO PROVIDEFOR LIABILITY IN THE EVENT SUCH OWNERS FAIL TOMAKE REQUIRED DISCLOSURES.


AN ACTRELATING TO AGRICULTURAL BURNING;

AMENDING SECTION 22-4804, IDAHO CODE, TOINCREASE FEES RELATING TO THE REGISTRATION OFFIELDS FOR AGRICULTURAL BURNING IN DESIGNATEDCOUNTIES; AND DECLARING AN EMERGENCY.


AN ACTRELATING TO POLITICAL CAMPAIGN FINANCE;

AMENDING CHAPTER 66, TITLE 67, IDAHO CODE, BYTHE ADDITION OF A NEW SECTION 67-6610B, IDAHOCODE, TO PROVIDE PROCEDURES FOR POLITICALCOMMITTEES TO RETIRE UNPAID DEBT AND TODEFINE THE TERM "UNPAID DEBT"; AMENDINGSECTION 67-6610C, IDAHO CODE, TO REVISE WHATAMOUNTS RECEIVED BY A CANDIDATE ASCONTRIBUTIONS THAT ARE IN EXCESS OF ANYAMOUNT NECESSARY TO DEFRAY THE CANDIDATE' SEXPENDITURES MAY BE USED FOR, TO PROHIBIT THECONVERSION OF CONTRIBUTIONS TO ANY PERSONALUSE, TO PROVIDE WHEN A CONTRIBUTION SHALL BECONSIDERED TO BE CONVERTED TO PERSONAL USEAND TO MAKE TECHNICAL CORRECTIONS; ANDDECLARING AN EMERGENCY.


AN ACTRELATING TO REAL PROPERTY OWNED BY THE

UNIVERSITY OF IDAHO; AMENDING SECTION 58-335,IDAHO CODE, TO PROVIDE FOR A PROCESS TO BEFOLLOWED IN THE DISPOSAL OF REAL PROPERTY BYTHE UNIVERSITY OF IDAHO.


AN ACTRELATING TO STRAY VOLTAGE PROTOCOL OF

PUBLIC UTILITIES; AMENDING CHAPTER 5, TITLE 61,IDAHO CODE, BY THE ADDITION OF A NEW SECTION61-515B, IDAHO CODE, TO PROVIDE LEGISLATIVEINTENT, TO DEFINE TERMS, TO PROVIDE THAT THEPUBLIC UTILITIES COMMISSION SHALL FORMULATEAND ADOPT A STANDARDIZED PROTOCOL FOR USE BYALL PERSONS AND ENTITIES ADDRESSINGCOMPLAINTS OF STRAY VOLTAGE INVOLVING PUBLICUTILITIES REGULATED BY THE COMMISSION, TOPROVIDE DUTIES OF THE COMMISSION AND TOPROVIDE THE EFFECT OF COMPLIANCE BY A PUBLICUTILITY WITH THE STANDARDIZED INVESTIGATIONAND REMEDIATION PROTOCOLS ADOPTED BY THECOMMISSION; AND DECLARING AN EMERGENCY.



AN ACTRELATING TO THE BOND LEVY EQUALIZATION

SUPPORT PROGRAM; AMENDING SECTION 33-906,IDAHO CODE, TO FURTHER LIMIT UTILIZATION OFASSISTANCE PURSUANT TO THE PROGRAM.


AN ACTRELATING TO PROPERTY TAX EXEMPTIONS;

AMENDING CHAPTER 6, TITLE 63, IDAHO CODE, BYTHE ADDITION OF A NEW SECTION 63-602HH, IDAHOCODE, TO PROVIDE FOR A TAX EXEMPTION FORPROPERTY OWNED BY QUALIFIED PERSONS, TOPROVIDE FOR APPLICATION OF THE EXEMPTION TORESIDENTIAL IMPROVEMENTS AND THE RESIDENTIALLOT, TO PROVIDE THAT THE EXEMPTION SHALLCONTINUE FOR SPOUSES UNDER CERT AINCIRCUMSTANCES, TO PROVIDE CONDITIONS FOR THEEXEMPTION, TO PROVIDE THAT AN OWNER ISREQUIRED TO MAKE APPLICATION FOR THEEXEMPTION ONLY ONCE IF CERTAIN CONDITIONS AREMET, TO DECLARE THAT THE EXEMPTION ISNECESSARY AND JUST AND TO PROVIDE THAT THEEXEMPTION SHALL BE AVAILABLE FOR CERTAINOWNERS WHO ARE ABSENT BY REASON OF ACTIVEMILITARY SERVICE IN A DESIGNATED COMBAT ZONE;DECLARING AN EMERGENCY AND PROVIDING ARETROACTIVE EFFECTIVE DATE.



63-3029B, IDAHO CODE, TO PROVIDE THAT ALLMONEYS COLLECTED BY THE STATE TAX COMMISSIONFOR AN ERRONEOUSLY TAKEN INVESTMENT TAXCREDIT SHALL BE REMITTED TO THE COUNTY WHERETHE PROPERTY WAS LOCATED THAT WAS NOT AQUALIFIED INVESTMENT OR CEASED TO QUALIFYDURING THE RECAPTURE PERIOD, TO PROVIDE FORDISTRIBUTION OF MONEYS TO TAXING DISTRICTSWITHIN THE COUNTY AND TO PROVIDE APPLICATIONOF THESE MONEYS TO THE THREE PERCENTPROPERTY TAX CAP.

H 766, H 767, H 768, H 769, H 770, H 771, H 772, H 773,H 774, H 775, H 776, H 777, H 778, H 779, H 780, H 781, andH 782 were introduced, read the first time by title, and referredto the Judiciary, Rules, and Administration Committee forprinting.

S 1240, by Commerce and Human Resources Committee,was introduced, read the first time by title, and referred to theBusiness Committee.

S 1255, by Education Committee, was introduced, read thefirst time by title, and referred to the Education Committee.

S 1273, by Transportation Committee, was introduced, readthe first time by title, and referred to the Transportation andDefense Committee.

S 1267 and S 1268, by State Affairs Committee, wereintroduced, read the first time by title, and referred to theTransportation and Defense Committee.



S 1298, by Local Government and Taxation Committee, wasintroduced, read the first time by title, and referred to the LocalGovernment Committee.





SJM 107, by Transportation Committee, was read the secondtime by title and filed for third reading.

H 686, by Local Government Committee, was read thesecond time by title and filed for third reading.


S 1265 and SCR 123, by State Affairs Committee, were readthe second time by title and filed for third reading.




Mr. Denney asked unanimous consent that S 1238 be placedat the bottom of the Third Reading Calendar. There being noobjection, it was so ordered.







Black, Block, Bolz, Bradford, Campbell, Cannon, Clark,Collins, Crow, Cuddy, Deal, Denney, Douglas, Eberle,Edmunson, Ellsworth, Eskridge, Field(18), Field(23), Gagner,Garrett, Harwood, Jaquet, Jones, Kellogg, Lake, Langford,Martinez, McGeachin, McKague, Meyer, Miller, Mitchell,Naccarato, Nielsen, Ridinger, Ring, Roberts, Robison, Rydalch,Sali, Schaefer, Shepherd, Shirley, Skippen, Smith(30),Stevenson, Wills, Wood, Mr. Speaker. Total -- 56.

NAYS -- Boe, Henbest, Kulczyk, Langhorst, Moyle,Pasley-Stuart, Raybould, Ringo, Sayler, Smith(24), Smylie,Snodgrass, Trail. Total -- 13.

Absent and excused -- Bedke. Total -- 1.Total -- 70.


Mr. Moyle asked unanimous consent that H 711 be placed atthe top of the Third Reading Calendar. There being noobjection, it was so ordered.


At this time, the Speaker Pro Tem recognized Mr. Speaker toopen debate.



Bedke, Bell, Black, Block, Boe, Bolz, Bradford, Campbell,Cannon, Clark, Collins, Crow, Cuddy, Deal, Douglas, Eberle,Edmunson, Ellsworth, Eskridge, Field(18), Field(23), Gagner,Garrett, Harwood, Henbest, Jaquet, Jones, Kellogg, Kulczyk,Lake, Langford, Langhorst, Martinez, McGeachin, McKague,Meyer, Miller, Mitchell, Moyle, Naccarato, Nielsen,Pasley-Stuart, Raybould, Ridinger, Ring, Ringo, Roberts,Robison, Rydalch, Sali, Sayler, Schaefer, Shepherd, Shirley,Skippen, Smith(30), Smith(24), Smylie, Snodgrass, Stevenson,Trail, Wills, Wood, Mr. Speaker. Total -- 70.



At this time, the Speaker Pro Tem recognized Mrs. Garrett toopen debate.



Bedke, Bell, Black, Block, Boe, Bolz, Campbell, Cannon, Clark,Collins, Crow, Cuddy, Deal, Denney, Douglas, Eberle,Edmunson, Ellsworth, Eskridge, Field(18), Field(23), Gagner,Garrett, Harwood, Henbest, Jaquet, Jones, Kellogg, Kulczyk,Langford, Langhorst, Martinez, McGeachin, McKague, Meyer,Miller, Mitchell, Moyle, Naccarato, Nielsen, Pasley-Stuart,Raybould, Ridinger, Ring, Ringo, Roberts, Robison, Rydalch,Sali, Sayler, Schaefer, Shepherd, Shirley, Skippen, Smith(30),Smith(24), Smylie, Snodgrass, Trail, Wills, Wood, Mr. Speaker.Total -- 67. NAYS -- None. Absent and excused -- Bradford, Lake, Stevenson. Total -- 3. Total -- 70.



At this time, the Speaker Pro Tem recognized Mr. Langhorstto open debate.

Mr. Langhorst asked unanimous consent that, pursuant toRule 22, discussion of H 400 and H 452 be allowed in debate ofH 543. There being no objection, it was so ordered.



Bell, Black, Block, Boe, Bolz, Bradford, Campbell, Cannon,Clark, Collins, Deal, Denney, Douglas, Eberle, Edmunson,Ellsworth, Eskridge, Field(18), Field(23), Garrett, Harwood,Henbest, Jaquet, Jones, Kellogg, Kulczyk, Langford, Langhorst,Martinez, McGeachin, Meyer, Miller, Mitchell, Moyle,Naccarato, Nielsen, Pasley-Stuart, Raybould, Ridinger, Ring,Ringo, Roberts, Robison, Rydalch, Sali, Sayler, Schaefer,Shepherd, Shirley, Skippen, Smith(30), Smith(24), Smylie,Snodgrass, Stevenson, Trail, Wills, Wood, Mr. Speaker.Total -- 64.

NAYS -- Bauer, Crow, Gagner, McKague. Total -- 4.Absent and excused -- Cuddy, Lake. Total -- 2.Total -- 70.







Bedke, Bell, Black, Block, Boe, Bolz, Bradford, Campbell,Cannon, Clark, Collins, Crow, Cuddy, Deal, Denney, Douglas,Eberle, Edmunson, Ellsworth, Eskridge, Field(18), Field(23),Gagner, Garrett, Harwood, Henbest, Jaquet, Jones, Kellogg,Kulczyk, Langford, Langhorst, Martinez, McGeachin, McKague,Meyer, Miller , Mitchell, Moyle, Naccarato, Nielsen,Pasley-Stuart, Raybould, Ridinger, Ring, Ringo, Roberts,Rydalch, Sali, Sayler, Schaefer, Shepherd, Shirley, Skippen,Smith(30), Smith(24), Smylie, Snodgrass, Stevenson, Trail,Wills, Wood, Mr. Speaker. Total -- 68.

NAYS -- Robison. Total -- 1.Absent and excused -- Lake. Total -- 1.Total -- 70.




RECESS

Afternoon Session


Roll call showed 69 members present.Absent and excused -- Schaefer. Total -- 1.Total -- 70.




At this time, the Speaker Pro Tem recognized Ms. Henbest toopen debate.



Bedke, Bell, Black, Block, Boe, Bolz, Bradford, Campbell,Cannon, Clark, Collins, Crow, Cuddy, Deal, Denney, Douglas,Eberle, Ellsworth, Eskridge, Field(18), Field(23), Gagner,Garrett, Harwood, Henbest, Jaquet, Jones, Kellogg, Kulczyk,Langford, Langhorst, Martinez, McKague, Meyer, Miller,Mitchell, Moyle, Naccarato, Pasley-Stuart, Raybould, Ridinger,Ring, Ringo, Roberts, Robison, Rydalch, Sali, Sayler, Shepherd,

Shirley, Skippen, Smith(30), Smith(24), Smylie, Snodgrass,Stevenson, Trail, Wills, Wood. Total -- 64.

NAYS -- None.Absent and excused -- Edmunson, Lake, McGeachin,

Nielsen, Schaefer, Mr. Speaker. Total -- 6.Total -- 70.






Black, Block, Boe, Bolz, Bradford, Campbell, Cannon, Clark,Collins, Crow, Cuddy, Deal, Denney, Douglas, Eberle,Edmunson, Ellsworth, Eskridge, Field(18), Field(23), Gagner,Garrett, Harwood, Henbest, Jaquet, Jones, Kellogg, Langford,Langhorst, Martinez, McGeachin, McKague, Meyer, Miller,Mitchell, Moyle, Naccarato, Nielsen, Pasley-Stuart, Raybould,Ridinger, Ring, Ringo, Roberts, Robison, Sali, Sayler, Shepherd,Shirley, Skippen, Smith(30), Smith(24), Smylie, Snodgrass,Stevenson, Trail, Wills. Total -- 63.

NAYS -- Barrett, Kulczyk, Wood. Total -- 3.Absent and excused -- Lake, Rydalch, Schaefer,







Black, Block, Boe, Bolz, Campbell, Cannon, Collins, Cuddy,Deal, Denney, Douglas, Edmunson, Eskridge, Field(18),Field(23), Garrett, Henbest, Jaquet, Jones, Kellogg, Langford,Langhorst, Martinez, Meyer, Miller, Mitchell, Naccarato,Nielsen, Pasley-Stuart, Ridinger, Ring, Ringo, Robison,Rydalch, Sali, Sayler, Shepherd, Shirley, Skippen, Smith(30),Smylie, Snodgrass, Stevenson, Trail, Wills, Wood. Total -- 52.

NAYS -- Barrett, Bradford, Clark, Crow, Eberle, Ellsworth,Gagner, Harwood, Kulczyk, Lake, McGeachin, McKague,Moyle, Raybould, Roberts, Smith(24). Total -- 16.

Absent and excused -- Schaefer, Mr. Speaker. Total -- 2.Total -- 70.







Bedke, Bell, Black, Block, Boe, Bolz, Bradford, Campbell,Cannon, Clark, Collins, Crow, Cuddy, Denney, Douglas,Eberle, Edmunson, Ellsworth, Eskridge, Field(18), Field(23),Gagner, Garrett, Harwood, Henbest, Jaquet, Jones, Kulczyk,Lake, Langford, Langhorst, Martinez, McGeachin, McKague,Meyer, Miller, Mitchell, Moyle, Nielsen, Pasley-Stuart,Raybould, Ridinger, Ring, Ringo, Roberts, Robison, Rydalch,Sali, Sayler, Shepherd, Shirley, Skippen, Smith(30), Smith(24),Smylie, Snodgrass, Stevenson, Trail, Wills, Wood. Total -- 65.

NAYS -- Kellogg. Total -- 1.Absent and excused -- Deal, Naccarato, Schaefer,



Mr. Moyle asked unanimous consent that H 544, as amended,retain its place on the Third Reading Calendar for one LegislativeDay. There being no objection, it was so ordered.





Bedke, Bell, Black, Block, Boe, Bolz, Bradford, Campbell,Cannon, Clark, Collins, Crow, Cuddy, Denney, Douglas,Eberle, Edmunson, Ellsworth, Eskridge, Field(18), Field(23),Gagner, Garrett, Harwood, Henbest, Jaquet, Jones, Kellogg,Kulczyk, Lake, Langford, Langhorst, Martinez, McGeachin,McKague, Meyer, Miller, Mitchell, Moyle, Nielsen,Pasley-Stuart, Raybould, Ridinger, Ring, Ringo, Roberts,Robison, Rydalch, Sali, Sayler, Shepherd, Shirley, Skippen,Smith(30), Smith(24), Smylie, Snodgrass, Stevenson, Trail,Wills, Wood. Total -- 66.

NAYS -- None.Absent and excused -- Deal, Naccarato, Schaefer,


Whereupon the Speaker Pro Tem declared H 604, asamended, passed the House. Title was approved and the bill wasordered transmitted to the Senate.




Roll call resulted as follows:AYES -- Andersen, Barraclough, Barrett, Bauer, Bayer , Bell,

Black, Block, Boe, Bolz, Bradford, Campbell, Cannon, Clark,Collins, Crow, Cuddy, Denney, Douglas, Eberle, Edmunson,Ellsworth, Eskridge, Field(18), Field(23), Gagner, Garrett,Harwood, Henbest, Jaquet, Jones, Kellogg, Kulczyk, Lake,Langford, Langhorst, Martinez, McGeachin, McKague, Meyer,Miller, Mitchell, Moyle, Nielsen, Pasley-Stuart, Raybould,Ridinger, Ring, Ringo, Roberts, Robison, Rydalch, Sali, Sayler,Shepherd, Shirley, Skippen, Smith(30), Smith(24), Smylie,Snodgrass, Stevenson, Trail, Wills, Wood. Total -- 65.

NAYS -- None.Absent and excused -- Bedke, Deal, Naccarato, Schaefer,




At this time, the Speaker Pro Tem recognized Mrs. Smith(30)to open debate.



Black, Block, Boe, Bolz, Bradford, Campbell, Cannon, Clark,Collins, Crow, Cuddy, Denney, Douglas, Eberle, Edmunson,Ellsworth, Eskridge, Field(18), Field(23), Gagner, Garrett,Harwood, Henbest, Jaquet, Jones, Kellogg, Kulczyk, Lake,Langford, Langhorst, Martinez, McGeachin, McKague, Meyer,Miller, Mitchell, Moyle, Nielsen, Pasley-Stuart, Raybould,Ridinger, Ring, Ringo, Robison, Rydalch, Sali, Sayler,Shepherd, Shirley, Skippen, Smith(30), Smylie, Stevenson, Trail,Wills. Total -- 61.

NAYS -- Barrett, Roberts, Smith(24), Wood. Total -- 4.Absent and excused -- Deal, Naccarato, Schaefer, Snodgrass,





At this time, the Speaker Pro Tem recognized Mrs. Smith(30)and Mr. Meyer to open debate.



Boe, Campbell, Cannon, Cuddy, Denney, Douglas, Edmunson,Ellsworth, Field(18), Field(23), Harwood, Henbest, Jaquet,Jones, Langford, Langhorst, Martinez, Meyer , Miller, Mitchell,Nielsen, Pasley-Stuart, Raybould, Ring, Ringo, Robison,Rydalch, Sayler, Shepherd, Shirley, Skippen, Smith(30),Smith(24), Smylie, Snodgrass, Stevenson, Trail, Wills.Total -- 44.

NAYS -- Barrett, Bayer, Bedke, Bolz, Bradford, Clark,Collins, Crow, Eberle, Eskridge, Gagner, Garrett, Kellogg,Kulczyk, Lake, McGeachin, McKague, Moyle, Ridinger,Roberts, Sali, Wood. Total -- 22.

Absent and excused -- Deal, Naccarato, Schaefer,Mr. Speaker. Total -- 4.

Total -- 70.






Block, Boe, Bolz, Bradford, Campbell, Cannon, Clark, Collins,Crow, Cuddy, Denney, Douglas, Eberle, Edmunson, Ellsworth,Eskridge, Field(18), Field(23), Gagner, Garrett, Harwood,Henbest, Jaquet, Jones, Kellogg, Kulczyk, Lake, Langford,Langhorst, Martinez, McGeachin, McKague, Miller, Mitchell,Moyle, Nielsen, Pasley-Stuart, Raybould, Ridinger, Ringo,Roberts, Robison, Sali, Sayler, Shepherd, Skippen, Smith(30),Smylie, Snodgrass, Stevenson, Trail, Wills, Wood. Total -- 59.

NAYS -- Ring, Rydalch, Shirley. Total -- 3.Absent and excused -- Bedke, Black, Deal, Meyer,

Naccarato, Schaefer, Smith(24), Mr. Speaker. Total -- 8.Total -- 70.




Adjournment

Mr. Moyle moved that the House adjourn until 8 a.m.,Friday, February 27, 2004. Seconded by Ms. Jaquet. Motioncarried.




FORTY-SEVENTH LEGISLATIVE DAYFRIDAY, FEBRUARY 27, 2004



Roll call showed 66 members present.Absent and excused -- Crow, Jones, Schaefer, Mr. Speaker.



The Pledge of Allegiance was led by Laura Cox, Page.

Approval of Journal


We, your COMMITTEE ON JUDICIARY, RULES, ANDADMINISTRATION, report that we have read and approved theHouse Journal of the Forty-sixth Legislative Day and recommendthat same be adopted as corrected. FIELD(18), Chairman




I transmit herewith enrolled S 1253 for the signature of theSpeaker. WOOD, Secretary

The Acting Speaker announced that enrolled S 1253 would besigned by the Speaker, and when so signed, ordered it returned tothe Senate.


I transmit herewith S 1224, S 1340, S 1234, as amended,S 1279, as amended, S 1243, as amended, and S 1299 whichhave passed the Senate. WOOD, Secretary

S 1224, S 1340, S 1234, as amended, S 1279, as amended,S 1243, as amended, and S 1299 were filed for first reading.




We, your COMMITTEE ON JUDICIARY, RULES, ANDADMINISTRATION report that we have printed HCR 52,HCR 53, HJM 21, H 766, H 767, H 768, H 769, H 770,H 771, H 772, H 773, H 774, H 775, H 776, H 777, H 778,H 779, H 780, H 781, H 782, and House Amendments to H 609,H 589, HCR 42, H 651, H 630, H 726, H 696, H 634, H 636.

FIELD(18), Chairman

HCR 52, HJM 21, H 777, H 778, and H 779 were referredto the State Affairs Committee.





H 775 and H 776 were referred to the Agricultural AffairsCommittee.


HCR 53, H 766, H 767, H 768, H 770, and H 772 werefiled for second reading.

February 27, 2004


ADMINISTRATION, report that we have engrossedH 609, as amended, H 589, as amended, HCR 42, as amended,H 651, as amended, H 630, as amended, H 726, as amended,H 696, as amended, H 634, as amended, andH 636, as amended.

FIELD(18), Chairman

H 609, as amended, H 589, as amended,HCR 42, as amended, H 651, as amended, H 630, as amended,H 726, as amended, H 696, as amended, H 634, as amended,and H 636, as amended, were filed for first reading of engrossedbills.

February 25, 2004

Mr. Speaker:We, your COMMITTEE ON EDUCATION, report that we

have had under consideration H 728 and report it back withamendments attached to be placed on General Orders forconsideration.




We, your COMMITTEE ON ENVIRONMENTALAFFAIRS, report that we have had under consideration S 1278and recommend that it do pass.

RAYBOULD, Chairman



We, your COMMITTEE ON AGRICULTURAL AFFAIRS,report that we have had under consideration HJM 18 and H 682and recommend that they do pass.

JONES, Chairman




Mr. Moyle moved that all rules of the House interfering withthe immediate consideration of HCR 53 be suspended; that theportions of Section 15, Article 3 of the Constitution of the Stateof Idaho, requiring all bills to be read on three several days bedispensed with, this being a case of urgency; and that HCR 53 beread the first time by title, second time by title, and third time atlength, and placed before the House for final consideration.Seconded by Ms. Jaquet.



Bedke, Black, Block, Boe, Bolz, Bradford, Campbell, Cannon,Clark, Collins, Deal, Denney, Douglas, Eberle, Edmunson,Ellsworth, Eskridge, Field(18), Field(23), Gagner, Garrett,Harwood, Henbest, Jaquet, Kellogg, Kulczyk, Lake, Langford,Langhorst, Martinez, McGeachin, McKague, Meyer, Miller,Mitchell, Moyle, Naccarato, Nielsen, Pasley-Stuart, Raybould,Ridinger, Ring, Ringo, Roberts, Robison, Rydalch, Sayler,Shepherd, Shirley, Skippen, Smith(30), Smith(24), Smylie,Snodgrass, Stevenson, Trail, Wills, Wood. Total -- 63.

NAYS -- None.Absent and excused -- Bell, Crow, Cuddy, Jones, Sali,

Schaefer, Mr. Speaker. Total -- 7.Total -- 70.

Whereupon the Acting Speaker declared that more thantwo-thirds of the membership having voted in the affirmative, themotion carried, the rules were suspended, and HCR 53 was readthe first time by title, second time by title, and third time atlength, and placed before the House for final consideration.



Whereupon the Acting Speaker declared HCR 53 adopted byvoice vote and ordered the resolution transmitted to the Senate.




AN ACTAPPROPRIATING MONEYS FROM THE IDAHO

MILLENNIUM INCOME FUND TO THE STATETREASURER FOR THE PURPOSE AND PROGRAMSPECIFIED FOR FISCAL YEAR 2005; APPROPRIATINGMONEYS AND DIRECTING THE STATE CONTROLLER TOTRANSFER MONEYS FOR THE PURPOSES ANDPROGRAMS SPECIFIED FOR FISCAL YEAR 2005;PROVIDING LEGISLATIVE INTENT TO THECATASTROPHIC HEALTH CARE COST PROGRAM BOARDREGARDING CERTAIN EXPENDITURE S; ANDPROVIDING THAT CERTAIN UNEXPENDED ANDUNENCUMBERED MONEYS SHALL BE REVERTED.



OF CORRECTION FOR FISCAL YEAR 2005; LIMITING THENUMBER OF AUTHORIZED FULL-TIME EQUIVALENTPOSITIONS; DECLARING FINDINGS AND INTENT OF THELEGISLATURE; AND EXPRESSING LEGISLATIVE INTENTWITH REGARD TO OUT-OF-STATE PLACEMENTS.


AN ACTAPPROPRIATING MONEYS TO THE OFFICE OF THE

STATE APPELLATE PUBLIC DEFENDER FOR FISCALYEAR 2005; AND LIMITING THE NUMBER OFAUTHORIZED FULL-TIME EQUIVALENT POSITIONS.


AN ACTAPPROPRIATING MONEYS TO THE ATTORNEY

GENERAL FOR FISCAL YEAR 2005; LIMITING THENUMBER OF AUTHORIZED FULL-TIME EQUIVALENTPOSITIONS; DIRECTING THE TRANSFER OF FUNDS ONJUNE 30, 2004; REVISING THE EFFECTIVE DATES OFCERTAIN FISCAL YEAR 2004 APPROPRIATIONS FOR THESPECIAL LITIGATION PROGRAM; AND DECLARING ANEMERGENCY FOR SECTIONS 3 AND 4 OF THIS ACT.


AN ACTRELATING TO COURSES OF INSTRUCTION;

AMENDING CHAPTER 16, TITLE 33, IDAHO CODE, BYTHE ADDITION OF A NEW SECTION 33-1617, IDAHOCODE, TO REQUIRE DEVELOPMENT OF GOALS FORENGLISH LANGUAGE LEARNERS, FORMULATION OFDISTRICT PLANS, REPORTS TO THE STATE BOARD OFEDUCATION AND RECOMMENDATIONS TO THELEGISLATURE.


AN ACTRELATING TO TAX CREDITS; AMENDING

CHAPTER 30, TITLE 63, IDAHO CODE, BY THEADDITION OF A NEW SECTION 63-3029H, IDAHO CODE,TO DEFINE TERMS, TO PROVIDE AN INCOME TAXCREDIT FOR ELIGIBLE EXPENDITURES RELATING TOCERTAIN NATURAL RESOURCE PLANS AND RELATINGTO CERTAIN SPECIES MANAGEMENT OR RECOVERYPLANS, AND TO PROVIDE FOR REVIEW AND APPROVALOF QUALIFIED EXPENDITURES BEFORE A TAX CREDITSHALL BE APPROVED; PROVIDING AN EFFECTIVEDATE AND PROVIDING F OR RETROACTIVEAPPLICATION.


S 1224, by Bailey, was introduced, read the first time bytitle, and referred to the Transportation and Defense Committee.

S 1340, by Commerce and Human Resources Committee,was introduced, read the first time by title, and referred to theCommerce and Human Resources Committee.

S 1234, as amended, and S 1243, as amended, by Judiciaryand Rules Committee, were introduced, read the first time bytitle, and referred to the Judiciary, Rules, and AdministrationCommittee.

S 1279, as amended, by Health and Welfare Committee, wasintroduced, read the first time by title, and referred to theEnvironmental Affairs Committee.



H 609, as amended, H 589, as amended, andHCR 42, as amended, by Judiciary, Rules, and AdministrationCommittee, were introduced, read the first time by title and filedfor second reading.


H 630, as amended, and H 726, as amended, by State AffairsCommittee, were introduced, read the first time by title and filedfor second reading.

H 696, as amended, by Health and Welfare Committee, wasintroduced, read the first time by title and filed for secondreading.

H 634, as amended, and H 636, as amended, by Resourcesand Conservation Committee were introduced, read the first timeby title and filed for second reading.



HCR 51, by Health and Welfare Committee, was read thesecond time by title and filed for third reading.

H 762, H 763, and H 764, by Appropriations Committee,were read the second time by title and filed for third reading.

H 653 and H 678, by Agricultural Affairs Committee, wereread the second time by title and filed for third reading.

H 713 and H 740, by Education Committee, were read thesecond time by title and filed for third reading.

HJR 11, by Ways and Means Committee, was read thesecond time by title and filed for third reading.

H 531, by Trail, was read the second time by title and filedfor third reading.

H 671, by Business Committee, was read the second time bytitle and filed for third reading.

S 1227 and S 1228, by Judiciary and Rules Committee, wereread the second time by title and filed for third reading.

S 1277, by Commerce and Human Resources Committee,was read the second time by title and filed for third reading.





Mr. Moyle asked unanimous consent that H 655,H 544, as amended, and H 592 retain their places on the ThirdReading Calendar until Monday, March 1, 2004. There being noobjection, it was so ordered.

Mr. Moyle asked unanimous consent that H 656 andH 552, as amended, be placed at the bottom of the Third ReadingCalendar. There being no objection, it was so ordered.


At this time, the Acting Speaker recognized Mr. Sayler toopen debate.



Block, Boe, Bolz, Bradford, Campbell, Cannon, Clark, Collins,Cuddy, Denney, Douglas, Eberle, Edmunson, Ellsworth,Eskridge, Field(18), Field(23), Gagner, Garrett, Henbest, Jaquet,Kellogg, Lake, Langhorst, Martinez, McGeachin, Meyer, Miller,Mitchell, Moyle, Naccarato, Nielsen, Pasley-Stuart, Raybould,

Ridinger, Ring, Ringo, Roberts, Robison, Rydalch, Sayler,Shepherd, Shirley, Skippen, Smith(30), Smith(24), Smylie,Snodgrass, Stevenson, Trail, Wills, Wood. Total -- 58.

NAYS -- Barrett, Harwood, Kulczyk, Langford, McKague.Total -- 5.

Absent and excused -- Bedke, Crow, Deal, Jones, Sali,Schaefer, Mr. Speaker. Total -- 7.

Total -- 70.

Whereupon the Acting Speaker declared H 593 passed theHouse. Title was approved and the bill was ordered transmittedto the Senate.


At this time, the Acting Speaker recognized Mrs. Field(23) toopen debate.



Bedke, Bell, Black, Block, Bolz, Bradford, Campbell, Cannon,Clark, Collins, Cuddy, Deal, Denney, Douglas, Eberle,Edmunson, Ellsworth, Eskridge, Field(18), Field(23), Garrett,Harwood, Henbest, Jaquet, Kellogg, Kulczyk, Lake, Langford,Langhorst, Martinez, McGeachin, McKague, Meyer, Miller,Mitchell, Moyle, Naccarato, Nielsen, Pasley-Stuart, Raybould,Ridinger, Ring, Ringo, Roberts, Robison, Rydalch, Sayler,Shepherd, Shirley, Skippen, Smith(30), Smith(24), Smylie,Snodgrass, Stevenson, Trail, Wills, Wood. Total -- 63.

NAYS -- None.Absent and excused -- Boe, Crow, Gagner, Jones, Sali,




At this time, the Acting Speaker recognized Ms. Jaquet toopen debate.


Roll call resulted as follows:AYES -- Andersen, Barraclough, Bauer, Bedke, Bell, Black,

Block, Boe, Bolz, Campbell, Cannon, Clark, Collins, Cuddy,Deal, Denney, Douglas, Eberle, Edmunson, Ellsworth, Eskridge,Field(18), Field(23), Gagner, Garrett, Henbest, Jaquet, Kellogg,Lake, Langford, Langhorst, Martinez, McGeachin, Meyer,Miller, Mitchell, Naccarato, Nielsen, Pasley-Stuart, Raybould,Ridinger, Ring, Ringo, Roberts, Robison, Rydalch, Sayler,Shepherd, Shirley, Skippen, Smith(30), Smylie, Snodgrass,Stevenson, Trail, Wills. Total -- 56.

NAYS -- Barrett, Bayer, Harwood, Kulczyk, McKague,Moyle, Wood. Total -- 7.

Absent and excused -- Bradford, Crow, Jones, Sali, Schaefer,Smith(24), Mr. Speaker. Total -- 7.

Total -- 70.




At this time, the Acting Speaker recognized Mrs. Rydalch toopen debate.



Bedke, Bell, Black, Block, Boe, Bolz, Campbell, Cannon, Clark,Collins, Deal, Denney, Douglas, Eberle, Edmunson, Ellsworth,Eskridge, Field(18), Field(23), Gagner, Garrett, Harwood,Henbest, Jaquet, Kellogg, Kulczyk, Lake, Langford, Langhorst,Martinez, McGeachin, McKague, Meyer, Miller, Moyle,Naccarato, Nielsen, Pasley-Stuart, Raybould, Ridinger, Ring,Ringo, Roberts, Robison, Rydalch, Sayler, Shepherd, Shirley,Skippen, Smith(30), Smylie, Snodgrass, Stevenson, Trail, Wills,Wood. Total -- 61.

NAYS -- None.Absent and excused -- Bradford, Crow, Cuddy, Jones,

Mitchell, Sali, Schaefer, Smith(24), Mr. Speaker. Total -- 9.Total -- 70.



At this time, the Acting Speaker recognized Mr. Ridinger toopen debate.



Bedke, Bell, Black, Block, Boe, Bolz, Bradford, Campbell,Cannon, Collins, Cuddy, Deal, Denney, Douglas, Eberle,Edmunson, Ellsworth, Eskridge, Field(18), Field(23), Gagner,Garrett, Harwood, Henbest, Jaquet, Kellogg, Kulczyk, Lake,Langford, Langhorst, Martinez, McGeachin, McKague, Meyer,Miller, Moyle, Naccarato, Nielsen, Pasley-Stuart, Raybould,Ridinger, Ring, Ringo, Roberts, Robison, Rydalch, Sayler,Shepherd, Shirley, Skippen, Smith(30), Smith(24), Smylie,Snodgrass, Stevenson, Trail, Wills, Wood. Total -- 63.

NAYS -- None.Absent and excused -- Clark, Crow, Jones, Mitchell, Sali,


Whereupon the Acting Speaker declared S 1207 passed theHouse. Title was approved and the bill was ordered returned tothe Senate.


At this time, the Acting Speaker recognized Mrs. Ellsworthto open debate.



Bedke, Bell, Black, Block, Boe, Bolz, Bradford, Campbell,Cannon, Clark, Collins, Cuddy, Deal, Denney, Douglas, Eberle,Edmunson, Ellsworth, Eskridge, Field(18), Field(23), Gagner,Garrett, Harwood, Henbest, Jaquet, Kellogg, Kulczyk, Lake,Langford, Langhorst, Martinez, McGeachin, McKague, Meyer,Miller, Moyle, Naccarato, Nielsen, Pasley-Stuart, Raybould,Ridinger, Ring, Ringo, Roberts, Robison, Rydalch, Sayler,Shepherd, Shirley, Skippen, Smith(30), Smith(24), Smylie,Snodgrass, Stevenson, Trail, Wills, Wood. Total -- 64.

NAYS -- None.Absent and excused -- Crow, Jones, Mitchell, Sali, Schaefer,




At this time, the Acting Speaker recognized Mr. Andersen toopen debate.



Black, Block, Boe, Bolz, Bradford, Campbell, Cannon, Clark,Collins, Cuddy, Deal, Denney, Douglas, Edmunson, Ellsworth,Eskridge, Field(18), Field(23), Gagner, Garrett, Harwood,Henbest, Jaquet, Kellogg, Kulczyk, Lake, Langford, Langhorst,Martinez, McGeachin, McKague, Meyer, Miller, Mitchell,Moyle, Naccarato, Nielsen, Pasley-Stuart, Raybould, Ridinger,Ring, Ringo, Roberts, Robison, Rydalch, Sayler, Shepherd,Shirley, Skippen, Smith(30), Smith(24), Smylie, Snodgrass,Stevenson, Trail, Wills, Wood. Total -- 63.

NAYS -- Barrett. Total -- 1.Absent and excused -- Crow, Eberle, Jones, Sali, Schaefer,




At this time, the Acting Speaker recognized Mrs. McKagueto open debate.




Bedke, Bell, Black, Block, Boe, Bolz, Bradford, Campbell,Cannon, Clark, Collins, Cuddy, Deal, Denney, Douglas,Edmunson, Ellsworth, Field(18), Field(23), Gagner, Garrett,Harwood, Henbest, Jaquet, Kellogg, Kulczyk, Lake, Langford,Langhorst, Martinez, McGeachin, McKague, Meyer, Miller,Mitchell, Moyle, Naccarato, Nielsen, Pasley-Stuart, Raybould,Ridinger, Ring, Ringo, Roberts, Robison, Rydalch, Sali, Sayler,Shepherd, Shirley, Skippen, Smith(30), Smith(24), Smylie,Snodgrass, Stevenson, Trail, Wills, Wood. Total -- 64.

NAYS -- None.Absent and excused -- Crow, Eberle, Eskridge, Jones,




At this time, the Acting Speaker recognized Mr. Gagner toopen debate.


Roll call resulted as follows:AYES -- Andersen, Barraclough, Bayer, Bell, Black, Block,

Boe, Bolz, Campbell, Cannon, Collins, Cuddy, Deal, Denney,Douglas, Edmunson, Ellsworth, Field(18), Field(23), Gagner,Garrett, Henbest, Jaquet, Kellogg, Langhorst, Martinez,McGeachin, Meyer, Miller, Mitchell, Naccarato, Pasley-Stuart,Raybould, Ring, Ringo, Roberts, Robison, Rydalch, Sayler,Shepherd, Skippen, Smith(30), Smith(24), Smylie, Snodgrass,Stevenson, Wills. Total -- 47.

NAYS -- Barrett, Bauer, Bedke, Bradford, Clark, Eskridge,Harwood, Kulczyk, Lake, Langford, McKague, Moyle, Nielsen,Ridinger, Sali, Shirley, Trail, Wood. Total -- 18.

Absent and excused -- Crow, Eberle, Jones, Schaefer,Mr. Speaker. Total -- 5.

Total -- 70.


Mr. Moyle asked unanimous consent that H 528 retain itsplace on the Third Reading Calendar until Monday,March 1, 2004. There being no objection, it was so ordered.


At this time, the Acting Speaker recognized Mrs. Douglas toopen debate.



Block, Boe, Bolz, Bradford, Campbell, Cannon, Clark, Collins,Cuddy, Deal, Denney, Douglas, Eberle, Edmunson, Ellsworth,Eskridge, Field(18), Field(23), Gagner, Garrett, Henbest, Jaquet,Kellogg, Lake, Langhorst, Martinez, McGeachin, Meyer, Miller,Mitchell, Moyle, Naccarato, Nielsen, Pasley-Stuart, Ridinger,Ring, Ringo, Robison, Rydalch, Sayler, Shepherd, Shirley,Skippen, Smith(30), Smith(24), Smylie, Snodgrass, Stevenson,Trail, Wills. Total -- 56.

NAYS -- Barrett, Bauer, Harwood, Kulczyk, Langford,McKague, Raybould, Roberts, Sali, Wood. Total -- 10.

Absent and excused -- Crow, Jones, Schaefer, Mr. Speaker.Total -- 4.

Total -- 70.



At this time, the Acting Speaker recognized Mr. Deal to opendebate.

Mr. Deal asked unanimous consent that, pursuant to Rule 22,discussion of H 501 be allowed in debate of H 647. There beingno objection, it was so ordered.



Black, Block, Boe, Bolz, Bradford, Campbell, Cannon, Clark,Collins, Cuddy, Deal, Denney, Douglas, Eberle, Edmunson,Eskridge, Field(18), Field(23), Gagner, Garrett, Harwood,Henbest, Jaquet, Kellogg, Lake, Langford, Langhorst, Martinez,McGeachin, Meyer, Miller, Mitchell, Moyle, Naccarato,Nielsen, Pasley-Stuart, Raybould, Ridinger, Ring, Ringo,Roberts, Robison, Rydalch, Sayler, Shepherd, Shirley, Skippen,Smith(30), Smith(24), Smylie, Snodgrass, Stevenson, Trail,Wills. Total -- 60.

NAYS -- Barrett, Ellsworth, Kulczyk, McKague, Sali, Wood.Total -- 6.

Absent and excused -- Crow, Jones, Schaefer, Mr. Speaker.Total -- 4.

Total -- 70.


Mr. Moyle asked unanimous consent that the remaining billson the Third Reading Calendar retain their places untilMonday, March 1, 2004. There being no objection, it was soordered.

[March 1 HOUSE JOURNAL 165


Adjournment

Mr. Moyle moved that the House adjourn until 11 a.m. ,Monday, March 1, 2004. Seconded by Ms. Jaquet. Motioncarried.

Whereupon the Acting Speaker declared the House adjournedat 9:36 a.m.



FIFTIETH LEGISLATIVE DAYMONDAY, MARCH 1, 2004



Roll call showed 69 members present.Absent and excused -- Shirley. Total -- 1.Total -- 70.


The Pledge of Allegiance was led by Sarah Lynn Shaffer,Page.

Approval of Journal

March 1, 2004Mr. Speaker:

We, your COMMITTEE ON JUDICIARY, RULES, ANDADMINISTRATION, report that we have read and approved theHouse Journal of the Forty-seventh Legislative Day andrecommend that same be adopted as corrected.

FIELD(18), Chairman




BOISE, IDAHO


KNOW ALL MEN, by these Presents that Tom Trail, StateRepresentative, District 6, House Seat A, Latah County, State ofIdaho, pursuant to the provisions of Section 59-917, Idaho Code,has nominated Earl Bennett, of Genesee, Idaho, to perform theduties of this office temporarily as Acting State Representative.

NOW, THEREFORE, I, DIRK A. KEMPTHORNE,Governor of the State of Idaho, by virtue of the authority vestedin me by Section 59-917, Idaho Code, do hereby appointEarl Bennett, Acting State Representative, District 6, HouseSeat A, Latah County, State of Idaho, for a term commencing on

Monday, March 1, 2004, and continuing until the incumbentshall resume the performance of the duties or a vacancy occurs insuch office.


Done at Boise, the Capital of Idaho, this 27th day ofFebruary in the year of our Lord two thousand and four, and ofthe Independence of the United States of America, the twohundred and twenty-eighth year.




The Speaker announced the oath of office had previously beenadministered to Mr. Bennett.


I transmit herewith enrolled SJM 105 and SJM 106 for thesignature of the Speaker.

WOOD, Secretary

The Speaker announced he was about to sign enrolledSJM 105 and SJM 106 and, when so signed, ordered themreturned to the Senate.


I transmit herewith S 1266, S 1232, as amended, S 1323,S 1302, S 1372, S 1381, and S 1367 which have passed theSenate.

WOOD, Secretary

S 1266, S 1232, as amended, S 1323, S 1302, S 1372,S 1381, and S 1367 were filed for first reading.







FIELD(18), Chairman




166 HOUSE JOURNAL March 1]


We, your COMMITTEE ON HEALTH AND WELFARE,report that we have had under consideration H 748, HCR 49, andSCR 122 and recommend that they do pass.

SALI, Chairman

H 748, HCR 49, and SCR 122 were filed for secondreading.


We, your COMMITTEE ON EDUCATION, report that wehave had under consideration SJM 108 and recommend that it dopass.


SJM 108 was filed for second reading.


We, your COMMITTEE ON JUDICIARY, RULES, ANDADMINISTRATION, report that we have had underconsideration HCR 50, S 1210, S 1221, and S 1237 andrecommend that they do pass.

FIELD(18), Chairman

HCR 50, S 1210, S 1221, and S 1237 were filed for secondreading.


We, your COMMITTEE ON EDUCATION, report that wehave had under consideration H 603 and S 1255 and recommendthat they do pass.


H 603 was returned to the Third Reading Calendar.



We, your COMMITTEE ON STATE AFFAIRS, report thatwe have had under consideration S 1264 and recommend that itdo pass.

DEAL, Chairman




HOUSE CONCURRENT RESOLUTION NO. 54 BY EDUCATION COMMITTEE A CONCURRENT RESOLUTION

STATING LEGISLATIVE FIND I N GS ANDCOMMENDING THE DEPARTMENT OF ENERGY' S IDAHONATIONAL ENGINEERING AND ENVIRONMENTALLABORATORY FOR ITS FIFTY-FIVE YEARS OF SERVICETO IDAHO AND THE UNITED STATES OF AMERICA.


WHEREAS, fifty-five years ago, the fledgling AtomicEnergy Commission selected a site in Idaho over twenty otherpotential locations across the nation to become the home of thecountry' s one and only National Reactor Testing Station; and

WHEREAS, Idaho' s National Reactor Testing Station playeda key role in carrying out President Eisenhower' s landmarkAtoms for Peace Initiative by generating the world' s first usableamounts of electricity from nuclear power, giving Arco, Idaho,the distinction of being the first American city to be powered bynuclear-generated electricity, and designing and building a totalof fifty-two, mostly first of their kind, nuclear reactors; and

WHEREAS, Idaho' s national laboratory has served so noblyin enhancing our national defense through the development ofUnited States naval nuclear propulsion systems, the training ofU.S. Navy nuclear personnel and the development andmanufacture of protective armor packages and numerous othertechnologies to enhance the safety and efficiency of U.S. militaryforces; and

WHEREAS, scientists and engineers at Idaho' s nationallaboratory have labored tirelessly to advance Idaho and nationalinterests with their contributions in alternative and renewableenergy systems, neutron capture therapy, subsurface science,biotechnology and many other areas as befits a multiprogramnational laboratory; and

WHEREAS, Idaho' s national laboratory has become a keyand respected partner with state government, regional universitiesand industry in advancing Idaho' s Science and TechnologyStrategic Plan and helping secure Idaho' s place in theknowledge-based economy of the twenty-first century; and

WHEREAS, the Idaho Legislature and the people of the stateof Idaho fully appreciate the tremendous scientific and economicasset the Idaho National Engineering and EnvironmentalLaboratory is to Idaho.

NOW, THEREFORE, BE IT RESOLVED by the membersof the Second Regular Session of the Fifty-seventh IdahoLegislature, the House of Representatives and the Senateconcurring therein, that we recognize and commend the IdahoNational Engineering and Environmental Laboratory in this, thefifty-fifth year of its service to America and express our supportfor this Idaho-based national asset so that it can continue itscontributions to national science and technology excellence formany years to come.

HOUSE JOINT MEMORIAL NO. 22 BY EDUCATION COMMITTEE


THE SENATE AND HOUSE OF REPRESENTATIVES OFTHE UNITED STATES IN CONGRESS ASSEMBLED, ANDTO THE CONGRESSIONAL DELEGATION REPRESENTINGTHE STATE OF IDAHO IN THE CONGRESS OF THEUNITED STATES.


WHEREAS, the Idaho National Engineering andEnvironmental Laboratory is the largest employer in EasternIdaho and one of the largest in the state of Idaho; and


WHEREAS, the Idaho National Engineering andEnvironmental Laboratory has provided support to our nation' ssecurity, by manufacturing tank armor that protects our troops,testing materials for the nuclear Navy to make better warships,developing instrumentation that allows our law enforcementagencies and the military to detect chemical or radiologicalhazards safely, and developing instruments and processes thathelp us maintain and protect our critical infrastructure such asinformation, communications and information systems; and

WHEREAS, the Idaho National Engineering andEnvironmental Laboratory is the United States Department ofEnergy' s leader in the development of nuclear energy,particularly in the next generation of nuclear reactors that will becleaner, safer, more efficient and more proliferation resistant;and

WHEREAS, the Idaho National Engineering andEnvironmental Laboratory and Ar gonne Nationa lLaboratory-West will be joined in 2005 to form the IdahoNational Laboratory, which the United States Department ofEnergy intends to develop into the preeminent nuclear research,development and demonstration lab within ten years and theIdaho National Laboratory will also establish itself as a center fornational security technology development and demonstration; and

WHEREAS, the Idaho National Laboratory will foster newgovernment, industry, academic and international collaborationsto produce the investment, programs and expertise to assure thisvision is realized; and

WHEREAS, the Idaho National Laboratory will offer newopportunities to Idaho small business and industry, universitiesand communities to become involved in developing this worldclass laboratory.

NOW, THEREFORE, BE IT RESOLVED by the membersof the Second Regular Session of the Fifty-seventh IdahoLegislature, the House of Representatives and the Senateconcurring therein, that we request the President and Congress tovigorously support and expand the Idaho National Laboratory asit develops a world class, multiprogram laboratory that attractsand retains exceptional scientific, technical and business talent toaccomplish its programs.

BE IT FURTHER RESOLVED that the Chief Clerk of theHouse of Representatives be, and she is hereby authorized anddirected to forward a copy of this Memorial to the President ofthe United States, the President of the Senate and the Speaker ofthe House of Representatives of Congress, and the congressionaldelegation representing the State of Idaho in the Congress of theUnited States.




AN ACTAPPROPRIATING MONEYS TO THE STATE

TREASURER FOR FISCAL YEAR 2005; PROVIDING FORTHE RECOVERY OF BANKING SERVICES COSTS TO THEGENERAL FUND; REAPPROPRIATING CERTAINUNEXPENDED AND UNENCUMBERED BALANCES OFMONEYS; AND LIMITING THE NUMBER OF FULL-TIMEEQUIVALENT POSITIONS.


AN ACTAPPROPRIATING MONEYS TO THE EXECUTIVE

OFFICE OF THE GOVERNOR FOR FISCAL YEAR 2005;AND LIMITING THE NUMBER OF FULL-TIMEEQUIVALENT POSITIONS.


AN ACTAPPROPRIATING MONEYS FOR THE DIVISION OF

FINANCIAL MANAGEMENT FOR FISCAL YEAR 2005;AND LIMITING THE NUMBER OF FULL-TIMEEQUIVALENT POSITIONS.



OF ADMINISTRATION FOR FISCAL YEAR 2005;EXPRESSING LEGISLATIVE INTENT WITH REGARD TOBOND PAYMENTS; LIMITING THE NUMBER OFAUTHORIZED FULL-TIME EQUIVALENT POSITIONS;AND EXPRESSING LEGISLATIVE INTENT WITH REGARDTO HOUSE CONCURRENT RESOLUTION 44.


AN ACTAPPROPRIATING MONEYS FOR COMMUNITY

COLLEGE SUPPORT FOR FISCAL YEAR 2005.


AN ACTAPPROPRIATING MONEYS FOR THE HEALTH

EDUCATION PROGRAMS FOR FISCAL YEAR 2005;LIMITING THE NUMBER OF FULL-TIME EQUIVALENTPOSITIONS; REAPPROPRIATING CERTAIN UNEXPENDEDAND UNENCUMBERED BALANCES FOR THE SEVERALDESIGNATED PROGRAMS; AND SETTING CONDITIONSFOR REAPPROPRIATION.


AN ACTAPPROPRIATING MONEYS FOR SPECIAL PROGRAMS

FOR FISCAL YEAR 2005; LIMITING THE NUMBER OFFULL-TIME EQUIVALENT POSITIONS; AND PROVIDINGLEGISLATIVE INTENT REGARDING MONEYSAPPROPRIATED FOR CATEGORY B OF THE IDAHOROBERT R. LEE PROMISE SCHOLARSHIP PROGRAM.


AN ACTRELATING TO STATUTORY RAPE; AMENDING

SECTIONS 16-1602, 16-2002 AND 16-2005, IDAHO CODE,TO PROVIDE REFERENCES TO STATUTORY RAPE;


AMENDING SECTION 18-310, IDAHO CODE, TO PROVIDEA REFERENCE TO STATUTORY RAPE AND TO MAKETECHNICAL CHANGES; AMENDING SECTION 18-608,IDAHO CODE, TO PROVIDE REFERENCES TOSTATUTORY RAPE AND TO MAKE TECHNICALCORRECTIONS; AMENDING SECTIONS 18-909, 18-911,18-4003, 18-4006 AND 18-4502, IDAHO CODE, TO PROVIDEREFERENCES TO STATUTORY RAPE; AMENDINGSECTION 18-6101, IDAHO CODE, TO REMOVELANGUAGE REFERENCING RAPE OF FEMALES UNDERTHE AGE OF EIGHTEEN YEARS, TO PROVIDECLARIFYING LANGUAGE AND TO MAKE TECHNICALCORRECTIONS; AMENDING SECTIONS 18-6102, 18-6103AND 18-6105, IDAHO CODE, TO PROVIDE REFERENCESTO STATUTORY RAPE; AMENDING SECTION 18-6107,IDAHO CODE, TO PROVIDE CORRECT CODEREFERENCES; AMENDING CHAPTER 61, TITLE 18,IDAHO CODE, BY THE ADDITION OF A NEW SECTION18-6111, IDAHO CODE, TO DEFINE "STATUTORY RAPE"AND TO PROVIDE FOR PUNISHMENT; AMENDINGSECTION 18-8303, IDAHO CODE, TO REVISE THEDEFINITION OF "AGGRAVATED OFFENSE"; AMENDINGSECTION 18-8304, IDAHO CODE, TO REVISEAPPLIC ATION OF T HE SEXUAL OFFENDE RREGISTRATION NOTIFICATION AND COMMUNITYRIGHT-TO-KNOW ACT; AMENDING SECTION 18-8314,IDAHO CODE, TO PROVIDE A CODE REFERENCE ANDTO PROVIDE AN EXCEPTION; AMENDING SECTION19-202A, IDAHO CODE, TO PROVIDE A REFERENCE TOSTATUTORY RAPE; AMENDING SECTIONS 19-401 AND19-402, IDAHO CODE, TO PROVIDE CORRECT CODEREFERENCES; AMENDING SECTION 19-2515, IDAHOCODE, TO PROVIDE REFERENCES TO STATUTORYRAPE; AMENDING SECTION 19-2520, IDAHO CODE, TOPROVIDE REFERENCES TO STATUTORY RAPE AND TOMAKE A TECHNICAL CORRECTION; AMENDINGSECTIONS 19-2520C AND 19-5307, IDAHO CODE, TOPROVIDE REFERENCES TO STATUTORY RAPE;AMENDING SECTION 19-5506, IDAHO CODE, TOPROVIDE REFERENCES TO STATUTORY RAPE AND TOMAKE A TECHNICAL CORRECTION; AMENDINGSECTION 20-223, IDAHO CODE, TO PROVIDEREFERENCES TO STATUTORY RAPE; AMENDINGSECTION 20-240, IDAHO CODE, TO PROVIDEREFERENCES TO STATUTORY RAPE AND TO MAKE ATECHNICAL CORRECTION; AMENDING SECTION20-525A, IDAHO CODE, TO REMOVE A REFERENCE TOSTATUTORY RAPE AND TO MAKE A TECHNICALCORRECTION; AMENDING SECTION 33-1208, IDAHOCODE, TO PROVIDE REFERENCES TO STATUTORY RAPEAND TO MAKE A TECHNICAL CORRECTION;AMENDING SECTIONS 39-1113 AND 56-209c, IDAHOCODE, TO PROVIDE REFERENCES TO STATUTORYRAPE; AND AMENDING SECTION 72-1025, IDAHO CODE,TO PROVIDE A CODE REFERENCE.


AN ACTRELATING TO RECORDS EXEMPT FROM

DISCLOSURE; AMENDING SECTION 9-340D, IDAHOCODE, TO PROVIDE THAT CERTAIN RECORDSRELATING TO ACADEMIC RESEARCH SHALL BEEXEMPT FROM DISCLOSURE.


AN ACTRELATING TO THE CREATION OF THE IDAHO

STATE HISTORIC PRESERVATION AND CULTURALENHANCEMENT ACT OF 2004 AND AN IDAHO HISTORICPRESERVATION AND CULTURAL ENHANCEMENTFUND; AMENDING CHAPTER 41, TITLE 67, IDAHOCODE, BY THE ADDITION OF A NEW SECTION 67-4101,IDAHO CODE, TO PROVIDE A STATEMENT OFLEGISLATIVE INTENT; AMENDING CHAPTER 41, TITLE67, IDAHO CODE, BY THE ADDITION OF A NEWSECTION 67-4102, IDAHO CODE, TO AUTHORIZEHISTORIC PROJECT REVIEW; AMENDING SECTION67-4126, IDAHO CODE, TO REMOVE DUTIES RELATINGTO ARCHIVAL DOCUMENTS AND TO MAKE TECHNICALCORRECTIONS; AMENDING CHAPTER 41, TITLE 67,IDAHO CODE, BY THE ADDITION OF A NEW SECTION67-4126A, IDAHO CODE, TO SPECIFY ARCHIVALPOWERS AND DUTIES OF THE BOARD OF TRUSTEES OFTHE HISTORICAL SOCIETY; AMENDING TITLE 57,IDAHO CODE, BY THE ADDITION OF A NEW CHAPTER21, TITLE 57, IDAHO CODE, TO PROVIDE CREATION OFTHE IDAHO HISTORIC PRESERVATION AND CULTURALENHANCEMENT FUND AND TO SPECIFY THE PURPOSE,LIMITATIONS AND CONDITIONS FOR MONEYS IN THEFUND; AND AMENDING CHAPTER 41, TITLE 67, IDAHOCODE, BY THE ADDITION OF A NEW SECTION 67-4129B,IDAHO CODE, TO PROVIDE FOR THE DEDICATION ANDALLOCATION OF MONEY IN THE IDAHO HISTORICPRESERVATION AND CULTURAL ENHANCEMENTFUND.

H 789, H 790, H 791, H 792, H 793, H 794, H 795, H 796,H 797, and H 798 were introduced, read the first time by title,and referred to the Judiciary, Rules, and AdministrationCommittee for printing.

S 1266, by State Affairs Committee, was introduced, read thefirst time by title, and referred to the Transportation and DefenseCommittee.

S 1232, as amended, by Judiciary and Rules Committee, wasintroduced, read the first time by title, and referred to theAgricultural Affairs Committee.




S 1367, by Resources and Environment Committee, wasintroduced, read the first time by title, and referred to theResources and Conservation Committee.






H 772, by Ways and Means Committee, was read the secondtime by title and filed for third reading.

S 1278, by Health and Welfare Committee, was read thesecond time by title and filed for third reading.

HJM 18 and H 682, by Agricultural Affairs Committee,were read the second time by title and filed for third reading.

H 609, as amended, H 589, as amended, and HCR 42, asamended, by Judiciary, Rules, and Administration Committee,were read the second time by title and filed for third reading.

H 651, as amended, by Revenue and Taxation Committee,was read the second time by title and filed for third reading.

H 630, as amended, and H 726, as amended, by State AffairsCommittee, were read the second time by title and filed for thirdreading.

H 696, as amended, by Health and Welfare Committee, wasread the second time by title and filed for third reading.

H 634, as amended, and H 636, as amended, by Resourcesand Conservation Committee, were read the second time by titleand filed for third reading.


At this time Mr. Moyle took the Chair.

Mr. Denney asked unanimous consent that H 655 retain itsplace on the Third Reading Calendar until Wednesday,March 3, 2004. There being no objection, it was so ordered.

Mr. Denney asked unanimous consent that SCR 123 beplaced at the top of the Third Reading Calendar. There being noobjection, it was so ordered.


At this time, the Speaker Pro Tem recognized Mr. Speakerand Ms. Jaquet to open debate.


Whereupon the Speaker Pro Tem declared SCR 123 adoptedby voice vote and ordered the resolution returned to the Senate.


At this time, the Speaker Pro Tem recognized Mr. Denneyand Mr. Edmunson to open debate.

At this time, the Speaker returned to the Chair.



Bedke, Bell, Black, Block, Bolz, Bradford, Campbell, Cannon,Clark, Collins, Crow, Cuddy, Deal, Denney, Eberle, Edmunson,Ellsworth, Eskridge, Field(18), Field(23), Gagner, Garrett,Harwood, Jones, Kellogg, Kulczyk, Lake, McGeachin,McKague, Meyer, Miller, Moyle, Nielsen, Raybould, Ridinger,Ring, Roberts, Rydalch, Sali, Schaefer, Shepherd, Skippen,Smith(24), Smylie, Snodgrass, Stevenson, Trail(Bennett), Wills,Wood, Mr. Speaker. Total -- 55.

NAYS -- Boe, Douglas, Henbest, Jaquet, Langford,Langhorst, Martinez, Mitchell, Naccarato, Pasley-Stuart, Ringo,Robison, Sayler, Smith(30). Total -- 14.

Absent and excused -- Shirley. Total -- 1.Total -- 70.


Mr. Moyle moved that the House recess until 1:15 p.m.Seconded by Ms. Jaquet. Motion carried.


RECESS

Afternoon Session


Roll call showed 68 members present.Absent and excused -- Ring, Shirley. Total -- 2.Total -- 70.




At this time, the Speaker recognized Mr. Jones to opendebate.



Black, Block, Boe, Bolz, Bradford, Cannon, Clark, Collins,Cuddy, Deal, Denney, Douglas, Eberle, Edmunson, Ellsworth,Eskridge, Field(18), Field(23), Gagner, Garrett, Harwood,Jaquet, Jones, Kellogg, Kulczyk, Langford, Langhorst, Martinez,McGeachin, McKague, Meyer, Miller, Mitchell, Moyle,Naccarato, Nielsen, Pasley-Stuart, Raybould, Ridinger, Ringo,


Robison, Rydalch, Sali, Sayler, Schaefer, Shepherd, Skippen,Smith(30), Smith(24), Smylie, Snodgrass, Stevenson,Trail(Bennett), Wills, Mr. Speaker. Total -- 61.

NAYS -- None.Absent and excused -- Bedke, Campbell, Crow, Henbest,

Lake, Ring, Roberts, Shirley, Wood. Total -- 9.Total -- 70.



At this time, the Speaker recognized Mr. Eberle to opendebate.



Black, Block, Boe, Bolz, Bradford, Cannon, Clark, Collins,Cuddy, Deal, Denney, Douglas, Eberle, Edmunson, Eskridge,Field(18), Field(23), Gagner, Garrett, Harwood, Jaquet, Jones,Kellogg, Langhorst, Martinez, McGeachin, Meyer, Miller,Mitchell, Moyle, Naccarato, Nielsen, Pasley-Stuart, Raybould,Ridinger, Ringo, Robison, Rydalch, Sali, Sayler, Schaefer,Shepherd, Skippen, Smith(30), Smith(24), Smylie, Snodgrass,Stevenson, Trail(Bennett), Wills, Mr. Speaker. Total -- 57.

NAYS -- Kulczyk, Langford, McKague. Total -- 3.Absent and excused -- Bedke, Campbell, Crow, Ellsworth,

Henbest, Lake, Ring, Roberts, Shirley, Wood. Total -- 10.Total -- 70.






Bedke, Bell, Black, Block, Boe, Bolz, Bradford, Campbell,Cannon, Clark, Collins, Crow, Cuddy, Deal, Denney, Douglas,Eberle, Edmunson, Ellsworth, Eskridge, Field(18), Field(23),Gagner, Garrett, Harwood, Henbest, Jaquet, Jones, Kellogg,Lake, Langhorst, Martinez, McGeachin, McKague, Meyer,Miller, Mitchell, Moyle, Naccarato, Nielsen, Pasley-Stuart,Raybould, Ridinger, Ringo, Roberts, Rydalch, Sayler, Schaefer,Shepherd, Skippen, Smith(30), Smith(24), Smylie, Snodgrass,Stevenson, Trail(Bennett), Wood, Mr. Speaker. Total -- 63.

NAYS -- Kulczyk, Langford, Robison, Sali. Total -- 4.Absent and excused -- Ring, Shirley, Wills. Total -- 3.Total -- 70.






Bedke, Bell, Black, Block, Boe, Bolz, Bradford, Campbell,Cannon, Clark, Collins, Crow, Cuddy, Deal, Denney, Douglas,Eberle, Edmunson, Ellsworth, Eskridge, Field(18), Field(23),Gagner, Garrett, Harwood, Henbest, Jaquet, Jones, Kellogg,Kulczyk, Lake, Langford, Langhorst, Martinez, McGeachin,McKague, Meyer, Miller, Mitchell, Moyle, Naccarato, Nielsen,Pasley-Stuart, Raybould, Ridinger, Ringo, Roberts, Robison,Rydalch, Sali, Sayler, Schaefer, Shepherd, Skippen, Smith(30),Smith(24), Smylie, Snodgrass, Stevenson, Trail(Bennett), Wood,Mr. Speaker. Total -- 67.

NAYS -- None.Absent and excused -- Ring, Shirley, Wills. Total -- 3.Total -- 70.



At this time, the Speaker recognized Mr. Stevenson to opendebate.

Mr. Stevenson asked unanimous consent that, pursuant toRule 22, discussion of H 510 be allowed in debate of H 755.There being no objection, it was so ordered.



Bedke, Black, Block, Boe, Bolz, Bradford, Campbell, Cannon,Clark, Collins, Cuddy, Deal, Denney, Douglas, Eberle,Edmunson, Ellsworth, Eskridge, Field(18), Field(23), Gagner,Garrett, Harwood, Henbest, Jaquet, Jones, Kellogg, Kulczyk,Lake, Langford, Langhorst, Martinez, McGeachin, McKague,Meyer, Miller, Mitchell, Naccarato, Nielsen, Pasley-Stuart,Raybould, Ridinger, Ringo, Roberts, Robison, Rydalch, Sali,Sayler, Shepherd, Skippen, Smith(30), Smylie, Snodgrass,Stevenson, Trail(Bennett), Wood, Mr. Speaker. Total -- 62.

NAYS -- Moyle, Smith(24). Total -- 2.Absent and excused -- Bell, Crow, Ring, Schaefer, Shirley,








Bedke, Bell, Black, Block, Boe, Bolz, Bradford, Campbell,Cannon, Clark, Collins, Crow, Cuddy, Deal, Denney, Douglas,Eberle, Edmunson, Ellsworth, Eskridge, Field(18), Field(23),Gagner, Garrett, Harwood, Jaquet, Jones, Kellogg, Kulczyk,Lake, Langford, Martinez, McGeachin, McKague, Meyer,Miller, Mitchell, Moyle, Naccarato, Nielsen, Raybould,Ridinger, Roberts, Robison, Rydalch, Sali, Schaefer, Shepherd,Skippen, Smith(30), Smith(24), Smylie, Snodgrass, Stevenson,Trail(Bennett), Wills, Wood, Mr. Speaker. Total -- 63.

NAYS -- Henbest, Langhorst, Pasley-Stuart, Ringo, Sayler.Total -- 5.

Absent and excused -- Ring, Shirley. Total -- 2.Total -- 70.

Whereupon the Speaker declared SJM 107 adopted andordered the memorial returned to the Senate.




Roll call resulted as follows:AYES -- Andersen, Barraclough, Bauer, Bell, Black, Boe,

Bolz, Bradford, Cannon, Collins, Crow, Cuddy, Deal, Douglas,Eberle, Edmunson, Ellsworth, Eskridge, Field(18), Field(23),Garrett, Henbest, Jaquet, Jones, Kellogg, Langford, Langhorst,Martinez, McGeachin, Miller, Mitchell, Naccarato, Nielsen,Pasley-Stuart, Raybould, Ridinger, Ringo, Roberts, Robison,Rydalch, Sayler, Schaefer, Shepherd, Skippen, Smith(30),Smylie, Snodgrass, Stevenson, Trail(Bennett), Wills,Mr. Speaker. Total -- 51.

NAYS -- Barrett, Bayer, Bedke, Block, Campbell, Clark,Denney, Gagner, Harwood, Kulczyk, Lake, McKague, Meyer,Moyle, Sali, Smith(24), Wood. Total -- 17.

Absent and excused -- Ring, Shirley. Total -- 2.Total -- 70.






Bedke, Bell, Black, Block, Boe, Bolz, Bradford, Campbell,Cannon, Clark, Collins, Crow, Cuddy, Deal, Denney, Douglas,Eberle, Edmunson, Ellsworth, Eskridge, Field(18), Field(23),Gagner, Garrett, Harwood, Henbest, Jaquet, Kellogg, Kulczyk,Lake, Langford, Langhorst, Martinez, McGeachin, McKague,Meyer, Miller, Mitchell, Moyle, Naccarato, Nielsen,Pasley-Stuart, Raybould, Ridinger, Ringo, Roberts, Robison,Rydalch, Sali, Sayler, Schaefer, Shepherd, Skippen, Smith(30),Smith(24), Smylie, Snodgrass, Stevenson, Trail(Bennett), Wills,Wood, Mr. Speaker. Total -- 67.

NAYS -- None.Absent and excused -- Jones, Ring, Shirley. Total -- 3.Total -- 70.






Bedke, Bell, Black, Block, Boe, Bolz, Bradford, Campbell,Cannon, Clark, Collins, Crow, Cuddy, Deal, Denney, Douglas,Eberle, Edmunson, Ellsworth, Eskridge, Field(18), Field(23),Gagner, Garrett, Harwood, Henbest, Jaquet, Jones, Kellogg,Kulczyk, Lake, Langford, Langhorst, Martinez, McGeachin,McKague, Meyer, Miller, Mitchell, Moyle, Naccarato, Nielsen,Pasley-Stuart, Raybould, Ridinger, Ringo, Roberts, Robison,Rydalch, Sali, Sayler, Schaefer, Shepherd, Skippen, Smith(30),Smith(24), Snodgrass, Stevenson, Trail(Bennett), Wills, Wood,Mr. Speaker. Total -- 67.

NAYS -- Smylie. Total -- 1.Absent and excused -- Ring, Shirley. Total -- 2.Total -- 70.



At this time, the Speaker recognized Mr. Sali to open debate.



Bedke, Bell, Black, Block, Boe, Bolz, Bradford, Campbell,Cannon, Clark, Collins, Crow, Cuddy, Deal, Denney, Douglas,


Eberle, Edmunson, Ellsworth, Eskridge, Field(18), Field(23),Gagner, Garrett, Harwood, Henbest, Jaquet, Jones, Kellogg,Kulczyk, Langford, Langhorst, Martinez, McGeachin, McKague,Meyer, Miller, Mitchell, Moyle, Naccarato, Nielsen,Pasley-Stuart, Raybould, Ridinger, Ringo, Roberts, Robison,Rydalch, Sali, Sayler, Schaefer, Shepherd, Skippen, Smith(30),Smith(24), Smylie, Stevenson, Trail(Bennett), Wills, Wood,Mr. Speaker. Total -- 66.

NAYS -- None.Absent and excused -- Lake, Ring, Shirley, Snodgrass.







Bedke, Bell, Black, Block, Boe, Bolz, Bradford, Campbell,Cannon, Clark, Collins, Crow, Cuddy, Deal, Denney, Douglas,Eberle, Edmunson, Ellsworth, Eskridge, Field(18), Field(23),Gagner, Garrett, Harwood, Henbest, Jaquet, Jones, Kellogg,Kulczyk, Lake, Langford, Langhorst, Martinez, McGeachin,McKague, Meyer, Miller, Mitchell, Moyle, Naccarato, Nielsen,Pasley-Stuart, Raybould, Ridinger, Ringo, Robison, Rydalch,Sali, Sayler, Schaefer, Shepherd, Skippen, Smith(30), Smith(24),Smylie, Snodgrass, Stevenson, Trail(Bennett), Wills, Wood,Mr. Speaker. Total -- 67.

NAYS -- None.Absent and excused -- Ring, Roberts, Shirley. Total -- 3.Total -- 70.










Black, Block, Boe, Bolz, Bradford, Campbell, Cannon, Clark,Collins, Crow, Cuddy, Deal, Denney, Douglas, Eberle,Edmunson, Ellsworth, Eskridge, Field(18), Field(23), Gagner,Garrett, Harwood, Henbest, Jaquet, Jones, Kellogg, Lake,Langford, Langhorst, Martinez, McGeachin, Meyer, Miller,Mitchell, Moyle, Naccarato, Nielsen, Pasley-Stuart, Raybould,Ridinger, Ringo, Robison, Rydalch, Sali, Sayler, Schaefer,Shepherd, Skippen, Smith(30), Smith(24), Smylie, Snodgrass,Stevenson, Trail(Bennett), Wills, Mr. Speaker. Total -- 63.

NAYS -- Barrett, Kulczyk, McKague. Total -- 3.Absent and excused -- Ring, Roberts, Shirley, Wood.







Bedke, Bell, Black, Block, Boe, Bolz, Bradford, Campbell,Cannon, Clark, Collins, Crow, Cuddy, Deal, Denney, Douglas,Eberle, Edmunson, Ellsworth, Eskridge, Field(18), Field(23),Gagner, Garrett, Harwood, Henbest, Jaquet, Kellogg, Kulczyk,Lake, Langford, Langhorst, Martinez, McGeachin, McKague,Miller, Mitchell, Moyle, Naccarato, Nielsen, Pasley-Stuart,Raybould, Ridinger, Ringo, Roberts, Robison, Rydalch, Sali,Sayler, Schaefer, Shepherd, Skippen, Smith(30), Smith(24),Smylie, Snodgrass, Stevenson, Trail(Bennett), Wills,Mr. Speaker. Total -- 65.

NAYS -- Jones, Meyer. Total -- 2.Absent and excused -- Ring, Shirley, Wood. Total -- 3.Total -- 70.





Adjournment

Mr. Denney moved that the House adjourn until 10 a.m. ,Tuesday, March 2, 2003. Seconded by Mrs. Boe. Motioncarried.




FIFTY-FIRST LEGISLATIVE DAYTUESDAY, MARCH 2, 2004



Roll call showed 68 members present.Absent and excused -- Moyle, Mr. Speaker. Total -- 2.Total -- 70.


The Pledge of Allegiance was led by Brittany Zabransky,Page.

Approval of Journal


We, your COMMITTEE ON JUDICIARY, RULES, ANDADMINISTRATION, report that we have read and approved theHouse Journal of the Fiftieth Legislative Day and recommendthat same be adopted as corrected. FIELD(18), Chairman




I transmit herewith SCR 130, SCR 131, S 1318, S 1303,S 1304, S 1385, S 1386, S 1387, S 1311, S 1274, S 1288,S 1344, S 1331, S 1345, S 1333, S 1396, S 1397, S 1398,S 1399, S 1400, S 1401, S 1402, and S 1403 which have passedthe Senate. WOOD, Secretary

SCR 130, SCR 131, S 1318, S 1303, S 1304, S 1385,S 1386, S 1387, S 1311, S 1274, S 1288, S 1344, S 1331,S 1345, S 1333, S 1396, S 1397, S 1398, S 1399, S 1400,S 1401, S 1402, and S 1403 were filed for first reading.






We, your COMMITTEE ON JUDICIARY, RULES, ANDADMINISTRATION report that we have printed HCR 54,HJM 22, H 789, H 790, H 791, H 792, H 793, H 794, H 795,H 796, H 797, and H 798.

FIELD(18), Chairman



HCR 54, HJM 22, H 789, H 790, H 791, H 792, H 793,H 794, and H 795 were filed for second reading.



FIELD(18), Chairman

The Speaker Pro Tem announced that enrolled HCR 53would be signed by the Speaker, and when so signed, ordered ittransmitted to the Senate for the signature of the President.


We, your COMMITTEE ON RESOURCES ANDCONSERVATION, report that we have had under considerationH 738, H 745, S 1295, and S 1296 and recommend that they dopass.

STEVENSON, Chairman

H 738, H 745, S 1295, and S 1296 were filed for secondreading.

March 1, 2004


ADMINISTRATION, report that we have had underconsideration S 1244, S 1245, S 1246, S 1248, S 1249, S 1250,and S 1251 and recommend that they do pass.

FIELD(18), Chairman

S 1244, S 1245, S 1246, S 1248, S 1249, S 1250 and S 1251were filed for second reading.


We, your COMMITTEE ON STATE AFFAIRS, report thatwe have had under consideration HJM 21, H 778, and S 1306and recommend that they do pass.

DEAL, Chairman

HJM 21, H 778, and S 1306 were filed for second reading.




SCR 130 and SCR 131, by State Affairs Committee, wereintroduced, read the first time by title, and referred to the StateAffairs Committee.




63-3029B, IDAHO CODE, RELATING TO THE ELECTIONFOR A PROPERTY TAX EXEMPTION IN LIEU OF THEINVESTMENT TAX CREDIT, TO CLARIFY THE ELECTIONIS AVAILABLE FOR QUALIFIED PROPERTY PLACED INSERVICE IN CALENDAR YEAR 2003, TO CLARIFY ALOSS YEAR, TO EXCLUDE TAXPAYERS WHOSE RATESOF RETURN ARE REGULATED ACCORDING TOFEDERAL OR STATE LAW, TO LIMIT PUBLICDISCLOSURE OF TAX INFORMATION EXCHANGEDBETWEEN THE STATE TAX COMMISSION AND COUNTYOFFICIALS AND TO PROVIDE FOR RECAPTURE OF THEPROPERTY TAX BENEFIT OF PROPERTY CEASING TOQUALIFY FOR THE INVESTMENT TAX CREDIT OR FORTHE ELECTION; AMENDING SECTION 9-340D, IDAHOCODE, TO PROVIDE FOR CERTAIN INFORMATIONGIVEN TO COUNTY OFFICIALS BY THE STATE TAXCOMMISSION TO BE EXEMPT FROM DISCLOSURE;DECLARING AN EMERGENCY AND PROVIDINGRETROACTIVE APPLICATION.


AN ACTRELATING TO PROPERTY TAXATION; AMENDING

SECTION 63-604, IDAHO CODE, TO REVISE CRITERIA ASTO HOW LAND CAN BE LAND ACTIVELY DEVOTED TOAGRICULTURE AND APPRAISED, ASSESSED ANDTAXED AS AGRICULTURAL PROPERTY FOR PROPERTYTAX PURPOSES AND TO PROVIDE APPLICATION OFLEASE OR SALE OF HUNTING OR FISHING RIGHTS;DECLARING AN EMERGENCY AND PROVIDINGRETROACTIVE APPLICATION.


AN ACTAPPROPRIATING MONEYS FOR THE OFFICE OF THE

STATE BOARD OF EDUCATION FOR FISCAL YEAR 2005;LIMITING THE NUMBER OF FULL-TIME EQUIVALENTPOSITIONS; EXPRESSING LEGISLATIVE INTENTREGARDING RESOURCE SHARING; DIRECTINGREIMBURSEMENT OF DONATED FUNDS TO THE IDAHOH O S P I T A L A SSO C I AT I O N ; R E DU C I N G T H EAPPROPRIATION FOR THE OFFICE OF THE STATEBOARD OF EDUCATION FOR FISCAL YEAR 2004; ANDDECLARING AN EMERGENCY FOR SECTION 5 OF THISACT.


AN ACTRELATING TO SALARIES OF MEMBERS OF THE

PUBLIC UTILITIES COMMISSION, THE STATE TAXCOMMISSION AND THE INDUSTRIAL COMMISSION;AMENDING SECTION 61-215, IDAHO CODE, TO PROVIDEFOR AN INCREASE IN SALARY OF MEMBERS OF THEPUBLIC UTILITIES COMMISSION; AMENDING SECTION63-102, IDAHO CODE, TO PROVIDE FOR AN INCREASEIN SALARY FOR MEMBERS OF THE TAX COMMISSION;AND AMENDING SECTION 72-503, IDAHO CODE, TOPROVIDE FOR AN INCREASE IN SALARY FOR MEMBERSOF THE INDUSTRIAL COMMISSION.



41-5208, IDAHO CODE, TO PROVIDE THAT THEPREEXISTING CONDITION LIMITATION SHALL NOTAPPLY TO CERTAIN INDIVIDUALS; AMENDINGSECTION 41-5501, IDAHO CODE, TO FURTHER DEFINE"ELIGIBLE INDIVIDUAL" AND TO MAKE A TECHNICALCORRECTION; AND AMENDING SECTION 41-5510,IDAHO CODE, TO PROVIDE THAT CERTAIN PERSONSSHALL BE ELIGIBLE FOR HEALTH BENEFIT PLANS ANDTO PROVIDE THAT CERTAIN LIMITATIONS ANDREQUIREMENTS SHALL NOT APPLY IF SUCH PERSONSHAVE MAINTAINED CREDITABLE HEALTH INSURANCECOVERAGE FOR A SPECIFIED PERIOD OF TIME.



SCHOLARSHIP; AMENDING SECTION 33-4305, IDAHOCODE, TO PROVIDE ADDITIONAL PURPOSES;AMENDING SECTION 33-4306, IDAHO CODE, TOFURTHER DEFINE TERMS; AMENDING CHAPTER 43,TITLE 33, IDAHO CODE, BY THE ADDITION OF A NEWSECTION 33-4306A, IDAHO CODE, TO PROVIDEELIGIBILITY CRITERIA FOR DRUG, ALCOHOL ANDTOBACCO FREE CATEGORY STUDENTS, TO PROVIDETHAT DRUG, ALCOHOL AND TOBACCO FREECATEGORY STUDENTS SHALL REMAIN DRUG,ALCOHOL AND TOBACCO FREE AND TO PROVIDEPROCEDURES; AND AMENDING SECTION 33-4307,IDAHO CODE, TO PROVIDE THE AMOUNT AND LENGTHOF THE AWARD FOR CATEGORY C STUDENTS ANDDRUG, ALCOHOL AND TOBACCO FREE CATEGORYSTUDENTS, TO PROVIDE FOR REPORTS, TO PROVIDE ACORRECT CODE REFERENCE AND TO MAKETECHNICAL CORRECTIONS.


S 1318 and S 1288, by Health and Welfare Committee, wereintroduced, read the first time by title, and referred to the Healthand Welfare Committee.


S 1303, S 1304, and S 1333, by Judiciary and RulesCommittee, were introduced, read the first time by title, andreferred to the Judiciary, Rules, and Administration Committee.

S 1311 and S 1274, by Transportation Committee, wereintroduced, read the first time by title, and referred to theTransportation and Defense Committee.

S 1344, S 1331, and S 1345, by Education Committee, wereintroduced, read the first time by title, and referred to theEducation Committee.

S 1385, S 1386, S 1387, S 1396, S 1397, S 1398, S 1399,S 1400, S 1401, S 1402, and S 1403, by Finance Committee,were introduced, read the first time by title, and filed for secondreading.




H 748 and HCR 49, by Education Committee, were read thesecond time by title and filed for third reading.

SCR 122, by Health and Welfare Committee, was read thesecond time by title and filed for third reading.

SJM 108 and S 1255, by Education Committee, were readthe second time by title and filed for third reading.

HCR 50, by State Affairs Committee, was read the secondtime by title and filed for third reading.





Mrs. Ringo asked unanimous consent that H 713 be returnedto the Education Committee. There being no objection, it was soordered.


At this time, the Speaker Pro Tem recognized Mr. Harwoodto open debate.



Bedke, Bell, Black, Block, Boe, Bolz, Bradford, Campbell,Cannon, Clark, Collins, Crow, Cuddy, Deal, Denney, Douglas,Eberle, Edmunson, Ellsworth, Eskridge, Field(18), Field(23),Gagner, Garrett, Harwood, Henbest, Jaquet, Jones, Kellogg,Kulczyk, Lake, Langford, Langhorst, Martinez, McKague,Miller, Mitchell, Naccarato, Nielsen, Pasley-Stuart, Raybould,Ridinger, Ring, Ringo, Robison, Rydalch, Sali, Sayler,Shepherd, Shirley, Skippen, Smith(30), Smith(24), Smylie,Snodgrass, Stevenson, Trail(Bennett), Wills, Wood. Total -- 64.

NAYS -- None.Absent and excused -- McGeachin, Meyer, Moyle, Roberts,




At this time, the Speaker Pro Tem recognized Mr. Jones toopen debate.



Black, Block, Boe, Bolz, Bradford, Campbell, Cannon, Clark,Collins, Crow, Cuddy, Deal, Denney, Douglas, Eberle,Edmunson, Ellsworth, Eskridge, Field(18), Field(23), Gagner,Garrett, Harwood, Henbest, Jaquet, Jones, Kellogg, Kulczyk,Lake, Langford, Langhorst, Martinez, McGeachin, Meyer,Miller, Mitchell, Naccarato, Nielsen, Pasley-Stuart, Ridinger,Ring, Ringo, Roberts, Robison, Rydalch, Sali, Sayler, Shepherd,Shirley, Skippen, Smith(30), Smith(24), Smylie, Snodgrass,Stevenson, Trail(Bennett), Wills. Total -- 63.

NAYS -- Barrett, McKague, Raybould, Wood. Total -- 4.Absent and excused -- Moyle, Schaefer, Mr. Speaker.




At this time, the Speaker Pro Tem recognized Mr. Stevensonto open debate.



Bedke, Bell, Black, Block, Boe, Bolz, Bradford, Campbell,Cannon, Clark, Collins, Cuddy, Deal, Denney, Douglas, Eberle,Edmunson, Ellsworth, Eskridge, Field(18), Field(23), Gagner,Garrett, Harwood, Henbest, Jaquet, Jones, Kellogg, Lake,


Langford, Langhorst, Martinez, McGeachin, Meyer, Miller,Mitchell, Naccarato, Nielsen, Pasley-Stuart, Raybould, Ridinger,Ring, Ringo, Roberts, Robison, Rydalch, Sali, Sayler, Schaefer,Shepherd, Shirley, Skippen, Smith(30), Smith(24), Smylie,Snodgrass, Stevenson, Trail(Bennett), Wills, Wood. Total -- 65.

NAYS -- None.Absent and excused -- Crow, Kulczyk, McKague, Moyle,



Mrs. Ellsworth asked unanimous consent that H 740 retain itsplace on the Third Reading Calendar for one Legislative Day.There being no objection, it was so ordered.





Boe, Bolz, Bradford, Campbell, Cannon, Clark, Collins, Cuddy,Deal, Denney, Douglas, Edmunson, Ellsworth, Eskridge,Field(18), Field(23), Gagner, Garrett, Henbest, Jaquet, Jones,Lake, Langhorst, Martinez, McGeachin, Meyer, Miller,Mitchell, Naccarato, Nielsen, Pasley-Stuart, Raybould, Ridinger,Ring, Ringo, Robison, Rydalch, Sayler, Schaefer, Shepherd,Shirley, Skippen, Smith(30), Smith(24), Smylie, Snodgrass,Stevenson, Wills. Total -- 54.

NAYS -- Barrett, Bauer, Bayer, Crow, Eberle, Harwood,Kellogg, Kulczyk, Langford, McKague, Sali, Trail(Bennett),Wood. Total -- 13.

Absent and excused -- Moyle, Roberts, Mr. Speaker.Total -- 3.

Total -- 70.

Whereupon the Speaker Pro Tem declared that more thantwo-thirds of the membership having voted in the affirmative,HJR 11 passed the House. Title was approved and the resolutionwas ordered transmitted to the Senate.


At this time, the Speaker Pro Tem recognized Mr. Smylie toopen debate.



Black, Block, Boe, Bolz, Bradford, Campbell, Cannon, Clark,Collins, Crow, Cuddy, Deal, Denney, Douglas, Edmunson,Ellsworth, Eskridge, Field(18), Field(23), Gagner, Garrett,Henbest, Jaquet, Jones, Kellogg, Lake, Langhorst, Martinez,McKague, Meyer, Miller, Mitchell, Naccarato, Nielsen,Pasley-Stuart, Raybould, Ridinger, Ring, Ringo, Roberts,

Robison, Rydalch, Sali, Sayler, Schaefer, Shepherd, Shirley,Skippen, Smith(30), Smith(24), Smylie, Snodgrass, Stevenson,Trail(Bennett), Wills, Wood. Total -- 62.

NAYS -- Bedke, Eberle, Harwood, Kulczyk, Langford,McGeachin. Total -- 6.

Absent and excused -- Moyle, Mr. Speaker. Total -- 2.Total -- 70.






Bedke, Bell, Black, Block, Boe, Bolz, Bradford, Cannon, Clark,Collins, Crow, Cuddy, Deal, Denney, Douglas, Eberle,Edmunson, Ellsworth, Eskridge, Field(18), Field(23), Gagner,Garrett, Harwood, Henbest, Jaquet, Jones, Kellogg, Kulczyk,Lake, Langford, Langhorst, Martinez, McGeachin, McKague,Meyer, Miller, Mitchell, Naccarato, Nielsen, Pasley-Stuart,Raybould, Ridinger, Ring, Ringo, Roberts, Robison, Rydalch,Sali, Sayler, Schaefer, Shepherd, Shirley, Skippen, Smith(30),Smylie, Snodgrass, Stevenson, Trail(Bennett), Wills, Wood.Total -- 66.

NAYS -- None.Absent and excused -- Campbell, Moyle, Smith(24),




At this time, the Speaker Pro Tem recognized Mrs. Kelloggto open debate.



Black, Block, Boe, Bolz, Bradford, Cannon, Clark, Collins,Cuddy, Deal, Denney, Douglas, Eberle, Edmunson, Ellsworth,Eskridge, Field(18), Gagner, Garrett, Harwood, Henbest, Jaquet,Jones, Kellogg, Kulczyk, Lake, Langford, Langhorst, Martinez,McGeachin, McKague, Meyer, Miller, Mitchell, Naccarato,Pasley-Stuart, Raybould, Ridinger, Ring, Ringo, Roberts,Robison, Rydalch, Sali, Sayler, Schaefer, Shepherd, Shirley,Skippen, Smith(30), Smith(24), Smylie, Snodgrass, Stevenson,Trail(Bennett), Wills, Wood. Total -- 63.

NAYS -- None.Absent and excused -- Barraclough, Campbell, Crow,

Field(23), Moyle, Nielsen, Mr. Speaker. Total -- 7.Total -- 70.







Black, Block, Boe, Bolz, Bradford, Cannon, Clark, Collins,Cuddy, Deal, Denney, Douglas, Eberle, Edmunson, Ellsworth,Eskridge, Field(18), Gagner, Garrett, Harwood, Henbest, Jaquet,Jones, Kellogg, Kulczyk, Lake, Langford, Langhorst, Martinez,McGeachin, McKague, Meyer, Miller, Mitchell, Naccarato,Pasley-Stuart, Raybould, Ridinger, Ring, Ringo, Roberts,Robison, Rydalch, Sali, Sayler, Schaefer, Shepherd, Shirley,Skippen, Smith(30), Smith(24), Smylie, Snodgrass, Stevenson,Trail(Bennett), Wills, Wood. Total -- 63.


Field(23), Moyle, Nielsen, Mr. Speaker. Total -- 7.Total -- 70.






Black, Block, Boe, Bolz, Bradford, Cannon, Clark, Collins,Cuddy, Deal, Denney, Douglas, Eberle, Edmunson, Ellsworth,Eskridge, Field(18), Garrett, Harwood, Henbest, Jaquet, Jones,Kellogg, Kulczyk, Lake, Langford, Langhorst, Martinez,McGeachin, McKague, Meyer, Miller, Mitchell, Naccarato,Pasley-Stuart, Raybould, Ridinger, Ring, Ringo, Roberts,Robison, Rydalch, Sali, Sayler, Schaefer, Shepherd, Shirley,Skippen, Smith(30), Smith(24), Smylie, Snodgrass, Stevenson,Trail(Bennett), Wills, Wood. Total -- 62.


Field(23), Gagner, Moyle, Nielsen, Mr. Speaker. Total -- 8.Total -- 70.



At this time, the Speaker Pro Tem recognized Mr. Clark toopen debate.


Roll call resulted as follows:AYES -- Barrett, Bayer, Bell, Black, Boe, Bolz, Clark,

Crow, Cuddy, Deal, Denney, Douglas, Eberle, Edmunson,Eskridge, Field(18), Field(23), Gagner, Garrett, Harwood,Henbest, Jaquet, Jones, Kellogg, Kulczyk, Langhorst, Martinez,McKague, Meyer, Miller, Mitchell, Naccarato, Pasley-Stuart,Ridinger, Ring, Ringo, Roberts, Robison, Sayler, Shepherd,Skippen, Smith(30), Smith(24), Smylie, Snodgrass, Stevenson,Trail(Bennett), Wills. Total -- 48.

NAYS -- Bauer, Bedke, Block, Bradford, Cannon, Collins,Ellsworth, Lake, Langford, McGeachin, Raybould, Rydalch,Sali, Shirley, Wood. Total -- 15.

Absent and excused -- Andersen, Barraclough, Campbell,Moyle, Nielsen, Schaefer, Mr. Speaker. Total -- 7.

Total -- 70.



At this time, the Speaker Pro Tem recognized Mrs. Kelloggto open debate.



Black, Block, Boe, Bolz, Bradford, Cannon, Clark, Collins,Crow, Cuddy, Deal, Denney, Douglas, Eberle, Edmunson,Ellsworth, Eskridge, Field(18), Field(23), Gagner, Garrett,Harwood, Henbest, Jaquet, Jones, Kellogg, Kulczyk, Lake,Langford, Langhorst, Martinez, McGeachin, McKague, Meyer,Miller, Mitchell, Naccarato, Pasley-Stuart, Raybould, Ridinger,Ring, Ringo, Roberts, Robison, Rydalch, Sali, Sayler, Shepherd,Shirley, Skippen, Smith(30), Smith(24), Smylie, Snodgrass,Stevenson, Trail(Bennett), Wills, Wood. Total -- 64.

NAYS -- None.Absent and excused -- Barraclough, Campbell, Moyle,

Nielsen, Schaefer, Mr. Speaker. Total -- 6.Total -- 70.







Black, Block, Boe, Bolz, Bradford, Cannon, Clark, Collins,Crow, Cuddy, Deal, Denney, Douglas, Eberle, Edmunson,Ellsworth, Eskridge, Field(18), Field(23), Gagner, Garrett,Harwood, Henbest, Jaquet, Jones, Kellogg, Kulczyk, Lake,Langford, Langhorst, Martinez, McGeachin, McKague, Meyer,Miller, Mitchell, Naccarato, Pasley-Stuart, Raybould, Ridinger,Ring, Ringo, Roberts, Robison, Rydalch, Sali, Sayler, Shepherd,Shirley, Skippen, Smith(30), Smith(24), Smylie, Stevenson,Trail(Bennett), Wills, Wood. Total -- 63.


Nielsen, Schaefer, Snodgrass, Mr. Speaker. Total -- 7.Total -- 70.






Black, Block, Boe, Bolz, Bradford, Cannon, Clark, Collins,Crow, Cuddy, Deal, Denney, Douglas, Eberle, Edmunson,Ellsworth, Eskridge, Field(18), Field(23), Gagner, Garrett,Harwood, Henbest, Jaquet, Jones, Kellogg, Kulczyk, Lake,Langford, Langhorst, Martinez, McGeachin, McKague, Meyer,Miller, Mitchell, Naccarato, Pasley-Stuart, Raybould, Ridinger,Ring, Ringo, Roberts, Robison, Rydalch, Sali, Sayler, Schaefer,Shepherd, Shirley, Skippen, Smith(30), Smith(24), Smylie,Stevenson, Trail(Bennett), Wills, Wood. Total -- 64.


Nielsen, Snodgrass, Mr. Speaker. Total -- 6.Total -- 70.


Mrs. Ellsworth moved that the House recess until 1 p.m.Seconded by Ms. Jaquet. Motion carried.

Whereupon the Speaker Pro Tem declared the House at recessuntil 1 p.m.

RECESS

Afternoon Session


Roll call showed 68 members present.Absent and excused -- Moyle, Stevenson. Total -- 2.Total -- 70.





Mr. Bolz asked unanimous consent that, pursuant to Rule 22,discussion of S 1331 and S 1344 be allowed in debate of H 603.There being no objection, it was so ordered.


Roll call resulted as follows:AYES -- Andersen, Barrett, Bauer, Bayer, Bell, Block, Boe,

Bolz, Bradford, Campbell, Cannon, Clark, Collins, Crow,Cuddy, Deal, Douglas, Edmunson, Eskridge, Field(23), Gagner,Garrett, Harwood, Jaquet, Jones, Kellogg, Lake, Langford,Martinez, McGeachin, McKague, Meyer, Miller, Mitchell,Naccarato, Nielsen, Pasley-Stuart, Raybould, Ridinger, Ring,Ringo, Robison, Rydalch, Sali, Sayler, Schaefer, Shepherd,Skippen, Smith(30), Smith(24), Snodgrass, Trail(Bennett), Wills.Total -- 53.

NAYS -- Bedke, Denney, Ellsworth, Field(18), Henbest,Kulczyk, Langhorst, Wood, Mr. Speaker. Total -- 9.

Absent and excused -- Barraclough, Black, Eberle, Moyle,Roberts, Shirley, Smylie, Stevenson. Total -- 8.

Total -- 70.






Black, Block, Boe, Bolz, Bradford, Campbell, Cannon, Clark,Collins, Cuddy, Deal, Denney, Douglas, Eberle, Edmunson,Ellsworth, Eskridge, Field(18), Field(23), Gagner, Garrett,Harwood, Henbest, Jaquet, Jones, Kellogg, Kulczyk, Lake,Langford, Langhorst, Martinez, McGeachin, McKague, Meyer,Miller, Mitchell, Naccarato, Nielsen, Pasley-Stuart, Raybould,Ridinger, Ring, Ringo, Roberts, Robison, Rydalch, Sali, Sayler,Schaefer, Shepherd, Shirley, Skippen, Smith(30), Smith(24),Snodgrass, Trail(Bennett), Wills, Wood, Mr. Speaker.Total -- 65.

NAYS -- None.Absent and excused -- Barraclough, Crow, Moyle, Smylie,

Stevenson. Total -- 5.Total -- 70.







Bedke, Bell, Black, Block, Boe, Bolz, Bradford, Campbell,Cannon, Clark, Collins, Crow, Cuddy, Deal, Denney, Douglas,Eberle, Edmunson, Ellsworth, Eskridge, Field(18), Field(23),Gagner, Garrett, Harwood, Henbest, Jaquet, Jones, Kellogg,Kulczyk, Lake, Langford, Langhorst, Martinez, McGeachin,McKague, Meyer, Miller, Mitchell, Naccarato, Nielsen,Pasley-Stuart, Raybould, Ridinger, Ring, Ringo, Roberts,Robison, Rydalch, Sali, Sayler, Schaefer, Shepherd, Shirley,Skippen, Smith(30), Smith(24), Snodgrass, Trail(Bennett), Wills,Wood, Mr. Speaker. Total -- 67.

NAYS -- None.Absent and excused -- Moyle, Smylie, Stevenson. Total -- 3.Total -- 70.




Adjournment

Mr. Denney moved that the House adjourn until 10 a.m.,Wednesday, March 3, 2004. Seconded by Ms. Jaquet. Motioncarried.


ATTEST: PAMM JUKER, Chief Clerk

FIFTY-SECOND LEGISLATIVE DAYWEDNESDAY, MARCH 3, 2004



Roll call showed 69 members present.Absent and excused -- Moyle. Total -- 1.Total -- 70.



Approval of Journal


We, your COMMITTEE ON JUDICIARY, RULES, ANDADMINISTRATION, report that we have read and approved theHouse Journal of the Fifty-first Legislative Day and recommendthat same be adopted as corrected.

FIELD(18), Chairman




I transmit herewith enrolled S 1207, S 1208, S 1209, andS 1226 for the signature of the Speaker.

WOOD, Secretary

The Speaker announced he was about to sign enrolled S 1207,S 1208, S 1209, and S 1226 and, when so signed, ordered themreturned to the Senate.



WOOD, Secretary



I return herewith H 715, H 718, H 721, H 722, H 723,H 732, H 733, H 734, H 735, H 736, H 737, H 477, H 478,H 479, and H 481 which have passed the Senate.

WOOD, Secretary

H 715, H 718, H 721, H 722, H 723, H 732, H 733, H 734,H 735, H 736, H 737, H 477, H 478, H 479, and H 481 werereferred to the Judiciary, Rules, and Administration Committeefor enrolling.


I return herewith H 500, as amended in the Senate, which haspassed the Senate.

WOOD, Secretary

H 500, as amended in the Senate, was ordered held at theDesk.

Mr. Black asked unanimous consent that the House concur inthe Senate amendments to H 500, as amended in the Senate.There being no objection, it was so ordered.

H 500, as amended in the Senate, was referred to theJudiciary, Rules, and Administration Committee for engrossing.





FIELD(18), Chairman







FIELD(18), Chairman

The Speaker announced he was about to sign enrolledHCR 43, and, when so signed, ordered it transmitted to theSenate for the signature of the President.



BLACK, Chairman



We, your COMMITTEE ON TRANSPORTATION ANDDEFENSE, report that we have had under consideration S 1267,S 1268, and S 1266 and recommend that they do pass.

WOOD, Chairman

S 1267, S 1268, and S 1266 were filed for second reading.


We, your COMMITTEE ON TRANSPORTATION ANDDEFENSE, report that we have had under consideration H 752and report it back with amendments attached to be placed onGeneral Orders for consideration.

WOOD, Chairman



We, your COMMITTEE ON ENVIRONMENTALAFFAIRS, report that we have had under consideration S 1279,as amended, and recommend that it do pass.

RAYBOULD, Chairman

S 1279, as amended, was filed for second reading.


We, your COMMITTEE ON HEALTH AND WELFARE,report that we have had under consideration H 731, H 646, andSCR 120 and recommend that they do pass.

SALI, Chairman


SCR 120 was returned to the Third Reading Calendar.


We, your COMMITTEE ON AGRICULTURAL AFFAIRS,report that we have had under consideration H 741 and H 776and recommend that they do pass.

JONES, Chairman




DEAL, Chairman




Mr. Raybould asked unanimous consent that S 1279, asamended, be placed on General Orders for consideration. Therebeing no objection, it was so ordered.


AN ACTRELATING TO APPROPRIATIONS; APPROPRIATING

ADDITIONAL MONEYS FOR FISCAL YEAR 2005 TOSTATE AGENCIES AND INSTITUTIONS FOR ATEMP ORARY SALARY INCREASE FOR STATEEMPLOYEES, CONTINGENT UPON THE ENDINGBALANCE OF THE GENERAL FUND.


S 1371 and S 1260, by Judiciary and Rules Committee, wereintroduced, read the first time by title, and referred to theJudiciary, Rules, and Administration Committee.


S 1382, by Judiciary and Rules Committee, was introduced,read the first time by title, and referred to the BusinessCommittee.





HCR 54 and HJM 22, by Education Committee, were readthe second time by title and filed for third reading.

H 789, H 790, H 791, H 792, H 793, H 794, and H 795, byAppropriations Committee, were read the second time by titleand filed for third reading.



S 1295 and S 1296, by Resources and EnvironmentCommittee, were read the second time by title and filed for thirdreading.

S 1244, S 1245, S 1246, S 1248, S 1249, S 1250, andS 1251, by Judiciary and Rules Committee, were read the secondtime by title and filed for third reading.

HJM 21 and H 778, by State Affairs Committee, were readthe second time by title and filed for third reading.


S 1385, S 1386, S 1387, S 1396, S 1397, S 1398, S 1399,S 1400, S 1401, S 1402, and S 1403, by Finance Committee,were read the second time by title and filed for third reading.






Roll call resulted as follows:AYES -- Andersen, Block, Boe, Bradford, Cannon, Cuddy,

Douglas, Edmunson, Henbest, Jaquet, Jones, Langhorst,Martinez, Miller, Mitchell, Naccarato, Pasley-Stuart, Ridinger,Ringo, Robison, Sayler, Shepherd, Shirley, Smith(30), Smylie,Trail(Bennett). Total -- 26.

NAYS -- Barraclough, Barrett, Bauer, Bayer, Bedke, Bell,Black, Bolz, Campbell, Clark, Collins, Crow, Deal, Denney,Eberle, Ellsworth, Eskridge, Field(18), Field(23), Gagner,Garrett, Harwood, Kellogg, Kulczyk, Lake, Langford,

McGeachin, McKague, Meyer, Moyle, Nielsen, Raybould, Ring,Roberts, Rydalch, Sali, Schaefer, Skippen, Smith(24), Snodgrass,Stevenson, Wills, Wood, Mr. Speaker. Total -- 44.

Paired Votes: AYE -- Edmunson. NAY -- Moyle. AYE -- Henbest. NAY -- Langford.(Pairs enumerated in roll call above.)Total -- 70.

Whereupon the Speaker declared H 740 failed to pass theHouse and ordered the bill filed in the Office of the Chief Clerk.



RECESS

Afternoon Session


Roll call showed 69 members present.Absent and excused -- Moyle. Total -- 1.Total -- 70.







Block, Bolz, Bradford, Campbell, Cannon, Collins, Crow, Deal,Denney, Eberle, Ellsworth, Eskridge, Field(23), Harwood,Kulczyk, Lake, Langford, McGeachin, McKague, Meyer,Moyle, Nielsen, Raybould, Ring, Roberts, Rydalch, Schaefer,Skippen, Stevenson, Wills, Wood, Mr. Speaker. Total -- 38.

NAYS -- Andersen, Black, Boe, Clark, Cuddy, Douglas,Edmunson, Field(18), Gagner, Garrett, Henbest, Jaquet, Jones,Kellogg, Langhorst, Martinez, Miller, Mitchell, Naccarato,Pasley-Stuart, Ridinger, Ringo, Robison, Sali, Sayler, Shirley,Smith(30), Smith(24), Smylie, Snodgrass, Trail(Bennett).Total -- 31.

Absent and excused -- Shepherd. Total -- 1.Paired Votes: AYE -- Moyle. NAY -- Henbest. AYE -- Roberts. NAY -- Jaquet.(Pairs enumerated in roll call above.)Total -- 70.




There being no objection, the House returned to the EighthOrder of Business.



AN ACTRELATING TO ANIMAL DISEASE CONTROL;

AMENDING CHAPTER 2, TITLE 25, IDAHO CODE, BYTHE ADDITION OF A NEW SECTION 25-207B, IDAHOCODE, TO AUTHORIZE THE DIVISION OF ANIMALINDUSTRIES TO PROMULGATE RULES FOR THEIDENTIFICATION OF LIVESTOCK, POULTRY OR FISHAND FOR THE REGISTRATION OF PREMISES WHERELIVESTOCK, POULTRY OR FISH ARE HELD AND TOPROVIDE THAT CERTAIN DATA AND INFORMATIONCOLLECTED BY THE DIVISION OF ANIMAL INDUSTRIESOR THE STATE BRAND BOARD SHALL NOT BECONSIDERED A PUBLIC RECORD AND SHALL BEEXEMPT FROM PUBLIC DISCLOSURE; AND AMENDINGSECTION 9-340D, IDAHO CODE, TO PROVIDE THAT ALLDATA AND INFORMATION COLLECTED BY THEDIVISION OF ANIMAL INDUSTRIES OR THE STATEBRAND BOARD PURSUANT TO CERTAIN PROVISIONS OFLAW AND RULES SHALL BE EXEMPT FROM PUBLICDISCLOSURE.


AN ACTRELATING TO THE IDAHO BEEF COUNCIL;

AMENDING SECTION 25-2901, IDAHO CODE, TODECREASE THE SIZE OF THE COUNCIL, PROVIDE ANEX OFFICIO MEMBER AND SPECIFY MEMBERSHIPQUALIFICATIONS; AMENDING SECTION 25-2903, IDAHOCODE, TO PROVIDE TERM LIMITS FOR MEMBERS OFTHE COUNCIL; AMENDING SECTION 25-2906, IDAHOCODE, TO PROVIDE ADDITIONAL POWERS AND DUTIESOF THE COUNCIL AND TO MAKE TECHNICALCORRECTIONS; AMENDING SECTION 25-2907, IDAHOCODE, TO INCREASE THE ASSESSMENT UNDER TERMSSPECIFIED AND TO PROVIDE A REFUND UPONREQUEST; AND AMENDING CHAPTER 29, TITLE 25,IDAHO CODE, BY THE ADDITION OF A NEW SECTION25-2913, IDAHO CODE, TO PROVIDE FOR SEVERABILITY.

H 806 and H 807 were introduced, read the first time by title,and referred to the Judiciary, Rules, and AdministrationCommittee for printing.





REJECTING CERTAIN RULES OF THE DEPARTMENT OFHEALTH AND WELFARE RELATING TO LICENSEDRESIDENTIAL AND ASSISTED LIVING FACILITIES.



WHEREAS, it is the finding of the Legislature that certainrules of the Department of Health and Welfare relating tolicensed residential and assisted living facilities are not consistentwith legislative intent and should be rejected.

NOW, THEREFORE, BE IT RESOLVED by the membersof the Second Regular Session of the Fifty-seventh IdahoLegislature, the House of Representatives and the Senateconcurring therein, that IDAPA 16.03.22, rules of theDepartment of Health and Welfare governing licensed residentialand assisted living facilities, section 428, subsection 01,concerning Medication Policy, and subsection 02, concerningMedication Distribution System, adopted as pending rules underDocket Number 16-0322-0301, be, and the same are herebyrejected and declared null, void and of no force and effect.

HOUSE JOINT MEMORIAL NO. 23 BY WAYS AND MEANS COMMITTEE

A JOINT MEMORIALTO THE GOVERNOR OF THE STATE OF IDAHO, THE

ATTORNEY GENERAL OF THE STATE OF IDAHO, THEDIRECTOR OF THE IDAHO DEPARTMENT OF WATERRESOURCES, THE DIRECTOR OF THE IDAHODEPARTMENT OF FISH AND GAME, THE OFFICE OFSPECIES CONSERVATION FOR THE STATE OF IDAHO,THE COUNCIL MEMBERS REPRESENTING THE STATEOF IDAHO ON THE NORTHWEST POWER ANDCONSERVATION COUNCIL, THE COMMISSIONER OFTHE BUREAU OF RECLAMATION, NOAA FISHERIES,AND TO THE CONGRESSIONAL DELEGATIONREPRESENTING THE STATE OF IDAHO IN THECONGRESS OF THE UNITED STATES.


WHEREAS, on January 16, 2004, several conservation andfishing groups filed a complaint in the federal district court inOregon in the case of American Rivers v. NOAA Fisheries, Civ.No. 04-CV-0061-BR, alleging that the biological opinions issuedby NOAA Fisheries in 2001 and 2002 regarding operation of theBureau of Reclamation projects in the Upper Snake River Basinare arbitrary and capricious, and otherwise contrary to law, andshould be set aside by the court; and

WHEREAS, the complaint also alleges that the currentfederal program of sending up to 427,000 acre-feet of water


downstream for flow augmentation, under a willing-sellerprogram that must comply with state law, is insufficient for theneeds of the listed species; and

WHEREAS, the complaint contends that sufficient waterneeds to be sent downstream from the Upper Snake Riverprojects to meet arbitrary and unrealistic flow targets that havebeen established downstream by NOAA Fisheries; and

WHEREAS, providing water downstream to meet the flowtargets would require sending millions of acre-feet of water out ofIdaho, thereby devastating its agricultural economy andsignificantly affecting supplies for municipalities, recreation,resident fisheries, ground water recharge and spring flows; and

WHEREAS, Idaho has been in the midst of a severe droughtover the past several years; and

WHEREAS, the downstream flow targets are not hardconstraints, as previously determined by the federal district courtin Oregon and by NOAA Fisheries; and

WHEREAS, flow augmentation using water from the UpperSnake River projects has been demonstrated to be a failedexperiment by virtue of the fact that it does not increase traveltime or provide temperature benefits for the listed species; and

WHEREAS, the Idaho State Legislature has made plain itsintent, in Section 42-1763B, Idaho Code, to repeal the temporarylegislative authorization for the Bureau to release storage waterfor flow augmentation in the event that the 2002 biologicalopinion is set aside by a court; and

WHEREAS, the conservation and fishing groups have madeclear that their primary motivation for filing the complaintincludes placing pressure upon the state of Idaho, water users,and other citizens of the state to support removal or breaching ofthe four federal dams on the Lower Snake River.

NOW, THEREFORE, BE IT RESOLVED by the membersof the Second Regular Session of the Fifty-seventh IdahoLegislature, the House of Representatives and the Senateconcurr ing therein, that the Idaho Legislature opposes efforts torelease large amounts of storage water for flow augmentation,contrary to the laws of the state of Idaho, and also opposesremoval or breaching of the four Lower Snake River dams.

BE IT FURTHER RESOLVED that the Idaho StateLegislature supports the efforts of the state of Idaho, by andthrough the offices of the Governor and the Attorney General, tointervene in the current legal proceedings to protect thesovereignty of Idaho's water.

BE IT FURTHER RESOLVED that the Chief Clerk of theHouse of Representatives be, and she is hereby authorized anddirected to forward a copy of this Memorial to the Governor ofthe State of Idaho, the Attorney General of the State of Idaho, theDirector of the Idaho Department of Water Resources, theDirector of the Idaho Department of Fish and Game, the Officeof Species Conservation for the State of Idaho, the councilmembers representing the state of Idaho on the Northwest Powerand Conservation Council, the Commissioner of the Bureau ofReclamation, NOAA Fisheries, and the congressional delegationrepresenting the State of Idaho in the Congress of the UnitedStates.


A JOINT MEMORIALTO THE SECRETARY OF THE UNITED STATES

DEPARTMENT OF THE INTERIOR, THE COMMISSIONEROF THE BUREAU OF RECLAMATION, THE UNITEDSTATES ARMY CORPS OF ENGINEERS, THE GOVERNOR

OF THE STATE OF IDAHO, THE MEMBERS OF THEIDAHO WATER RESOURCE BOARD, the director of THEIDAHO DEPARTMENT OF WATER RESOURCES, AND TOTHE CONGRESSIONAL DELEGATION REPRESENTINGTHE STATE OF IDAHO IN THE CONGRESS OF THEUNITED STATES.


WHEREAS, the Secretary of the United States Department ofthe Interior' s "Water 2025" Initiative has appropriatelyrecognized the need to identify solutions for water supplyproblems at the state and local level, in order to avoid conflictslike those that have occurred in the Klamath Basin and theRio Grande Basin in recent years; and

WHEREAS, Idaho is an arid state and is in the midst of aprolonged drought; and

WHEREAS, Idaho is a rapidly growing state, with emergingwater supply needs for municipalities, urban development,industries and commercial enterprises, as well as continuedagricultural demands; and

WHEREAS, additional water supplies are desired to helpaddress conjunctive administration issues involving the legal andhydrologic relationship between surface and ground water needs;and

WHEREAS, listings of fish and other aquatic species underthe Endangered Species Act, lawsuits, and other demands forwater continue to perplex our state.

NOW, THEREFORE, BE IT RESOLVED by the membersof the Second Regular Session of the Fifty-seventh IdahoLegislature, the House of Representatives and the Senateconcurring therein, that we support the identification anddevelopment of additional water supply enhancement projectsincluding, but not limited to, on-stream and off-stream storage,increased capacity at existing storage facilities, ground waterstorage, recharge of aquifer supplies and pressurized irrigationsystems.

BE IT FURTHER RESOLVED that we encourage the Bureauof Reclamation, the United States Army Corps of Engineers, theIdaho Water Resource Board, the Idaho Department of WaterResources, and other federal and state agencies to cooperate withthe citizens of the state of Idaho in identifying and developingsuch water supply projects as are necessary to address thegrowing needs and demands of the state.

BE IT FURTHER RESOLVED that the Chief Clerk of theHouse of Representatives be, and she is hereby authorized anddirected to forward a copy of this Memorial to the Secretary ofthe United States Department of the Interior, the Commissionerof the Bureau of Reclamation, the United States Army Corps ofEngineers, the Governor of the State of Idaho, the members ofthe Idaho Water Resource Board, the director of the IdahoDepartment of Water Resources, and the congressional delegationrepresenting the State of Idaho in the Congress of the UnitedStates.

HCR 55, HJM 23, and HJM 24 were introduced, read thefirst time by title, and referred to the Judiciary, Rules, andAdministration Committee for printing.



Adjournment

Mr. Denney moved that the House adjourn until 10 a.m. ,Thursday, March 4, 2004. Seconded by Ms. Boe. Motioncarried.




FIFTY-THIRD LEGISLATIVE DAYTHURSDAY, MARCH 4, 2004





The Pledge of Allegiance was led by Arielle Gorin, Page.

Approval of Journal

March 4, 2004


ADMINISTRATION, report that we have read and approved theHouse Journal of the Fifty-second Legislative Day andrecommend that same be adopted as corrected.

FIELD(18), Chairman




I transmit herewith enrolled S 1238, S 1265, SCR 123, andSJM 107 for the signature of the Speaker.

WOOD, Secretary

The Speaker announced he was about to sign enrolled S 1238,S 1265, SCR 123, and SJM 107 and, when so signed, orderedthem returned to the Senate.



WOOD, Secretary



I transmit herewith S 1309, S 1347, S 1358, and S 1361which have passed the Senate. WOOD, Secretary

S 1309, S 1347, S 1358, and S 1361 were filed for firstreading.


March 4, 2004


ADMINISTRATION report that we have printed H 805, H 806,H 807, HCR 55, HJM 23, and HJM 24.

FIELD(18), Chairman

H 806 and H 807 were referred to the Agricultural AffairsCommittee.

HJM 23 and HJM 24 were referred to the Resources andConservation Committee.

H 805 and HCR 55 were filed for second reading.


We, your COMMITTEE ON JUDICIARY, RULES, ANDADMINISTRATION, report that we have enrolled H 715,H 718, H 721, H 722, H 723, H 732, H 733, H 734, H 735,H 736, H 737, H 477, H 478, H 479, and H 481.

FIELD(18), Chairman

The Speaker announced he was about to sign enrolled H 715,H 718, H 721, H 722, H 723, H 732, H 733, H 734, H 735,H 736, H 737, H 477, H 478, H 479, and H 481, and, when sosigned, ordered them transmitted to the Senate for the signatureof the President.


We, your COMMITTEE ON JUDICIARY, RULES, ANDADMINISTRATION, report that we have engrossedH 500, as amended in the Senate. FIELD(18), Chairman

H 500, as amended in the Senate, was filed for first readingof engrossed bills.





We, your COMMITTEE ON JUDICIARY, RULES, ANDADMINISTRATION, report that we have had underconsideration H 771, S 1234, as amended, S 1263, and S 1281and recommend that they do pass.

FIELD(18), Chairman


H 771, S 1234, as amended, S 1263, and S 1281 were filedfor second reading.



FIELD(18), Chairman



We, your COMMITTEE ON RESOURCES ANDCONSERVATION, report that we have had under considerationH 774 and recommend that it do pass.

STEVENSON, Chairman



We, your COMMITTEE ON BUSINESS, report that we havehad under consideration S 1240, S 1241, and S 1242 andrecommend that they do pass.

BLACK, Chairman



We, your COMMITTEE ON STATE AFFAIRS, report thatwe have had under consideration HCR 52 and recommend that itdo pass.

DEAL, Chairman





March 2, 2004

The Honorable Max BlackChairman, Business Committee

Dear Representative Black:

I hereby designate the Business Committee a privilegedcommittee for the purpose of introducing RS 14240 onThursday, March 4, 2004.







18, TITLE 41, IDAHO CODE, BY THE ADDITION OF ANEW SECTION 41-1846, IDAHO CODE, TO SET FORTHREQUIREMENTS AND LIMITATIONS FOR INSURERSOFFERING HEALTH CARE POLICIES THAT DO NOTMEET THE DEFINITION OF MANAGED CARE PLANS;AMENDING SECTION 41-3903, IDAHO CODE, TO REVISETHE DEFINITION FOR "MANAGED CARE PLAN";PROVIDING AN EFFECTIVE DATE AND PROVIDING FORAPPLICATION.


AN ACTRELATING TO ELECTIONS ON PROPERTY TAX

RELATED MATTERS; AMENDING CHAPTER 1, TITLE 34,IDAHO CODE, BY THE ADDITION OF A NEW SECTION34-106A, IDAHO CODE, TO PROVIDE FOR A MINIMUMPERCENTAGE OF VOTER TURNOUT IN ELECTIONS FORTHE PURPOSE OF INCURRING ANY INDEBTEDNESS ORLIABILITY IN ANY MANNER, OR FOR THE PURPOSE OFEXCEEDING, IN THAT YEAR, THE INCOME ANDREVENUE PROVIDED FOR A COUNTY, CITY, BOARD OFEDUCATION, SCHOOL DISTRICT OR OTHER POLITICALSUBDIVISION OF THE STATE OR TAXING DISTRICT, FORTHE MEASURE TO BE APPROVED; AND AMENDINGSECTION 63-802, IDAHO CODE, TO PROVIDE THAT ANYTAXING DISTRICT MAY SUBMIT TO THE ELECTORSWITHIN THE DISTRICT THE QUESTION OF WHETHERTHE BUDGET FROM PROPERTY TAX REVENUES MAYBE INCREASED BEYOND THE AMOUNT AUTHORIZED,BUT NOT BEYOND THE LEVY AUTHORIZED BYSTATUTE, TO PROVIDE THAT THE ADDITIONALAMOUNT MUST BE APPROVED BY SIXTY-SIX ANDTWO-THIRDS PERCENT OR MORE OF THE VOTERSVOTING ON THE QUESTION AT AN ELECTION CALLEDFOR THAT PURPOSE AND HELD ON THE MAY ORNOVEMBER DATES PROVIDED BY SECTION 34-106,IDAHO CODE, AND A MINIMUM OF THIRTY PERCENTOF THE QUALIFIED ELECTORS REGISTERED TO VOTEOR ELECTORS AUTHORIZED TO VOTE MUST VOTE INTHE ELECTION AND TO PROVIDE THAT IF APPROVEDBY THE REQUIRED MINIMUM SIXTY-SIX ANDTWO-THIRDS PERCENT OF THE VOTERS VOTING ATTHE ELECTION AND IF THE REQUIRED NUMBER OFVOTERS CAST BALLOTS AT THE ELECTION, THE NEWBUDGET AMOUNT SHALL BE THE BASE BUDGET FORTHE PURPOSES OF SECTION 63-802, IDAHO CODE.


AN ACTRELATING TO SALES AND USE TAX EXEMPTIONS;

AMENDING SECTION 63-3622O, IDAHO CODE, TOPROVIDE AN EXEMPTION FROM THE SALES AND USETAX FOR SALES TO AND PURCHASES BY AQUALIFYING VETERANS SERVICE ORGANIZATION ANDTO DEFINE "VETERANS SERVICE ORGANIZATION."



AN ACTRELATING TO DISPOSITION OF UNEXPENDED

BALANCES OF POLITICAL TREASURERS; AMENDINGSECTION 67-6608, IDAHO CODE, TO PROVIDE FORSEMIANNUAL REPORTS BY CANDIDATES FORSTATEWIDE OFF ICE; AND DECL ARING ANEMERGENCY.


AN ACTRELATING TO HEALTH INSURANCE; AMENDING

SECTION 41-5203, IDAHO CODE, TO FURTHER DEFINETERMS AND TO PROVIDE A CORRECT CODEREFERENCE; AMENDING SECTION 41-5208, IDAHOCODE, TO PROVIDE THAT HEALTH BENEFIT PLANSCOVERING ELIGIBLE INDIVIDUALS SHALL COMPLYWITH CERTAIN PROVISIONS, TO REVISE LANGUAGEREGARDING WAIVING ANY TIME PERIOD APPLICABLETO A PREEXISTING CONDITION EXCLUSION ORLIMITATION PERIOD AND TO INCORPORATE APORTION OF THE FEDERAL HEALTH INSURANCEPORTABILITY AND ACCOUNTABILITY ACT OF 1996;AMENDING SECTION 41-5501, IDAHO CODE, TOFURTHER DEFINE TERMS AND TO PROVIDE ACORRECT CODE REFERENCE; AND AMENDINGSECTION 41-5510, IDAHO CODE, TO REVISE ELIGIBILITYCRITERIA FOR COVERAGE UNDER A POOL PLAN.


AN ACTRELATING TO BRIBERY AND CORRUPT

INFLUENCE; AMENDING SECTION 18-1351, IDAHOCODE, TO REVISE THE DEFINITION FOR "PECUNIARYBENEFIT"; AND AMENDING SECTION 18-1356, IDAHOCODE, TO REVISE THE PROHIBITION ON IMPROPERGIFTS APPLICABLE TO LEGISLATIVE OFFICIALS, TOSET FORTH ADDITIONAL EXCEPTIONS AND TO MAKETECHNICAL CORRECTIONS.


S 1309, by Education Committee, was introduced, read thefirst time by title, and referred to the State Affairs Committee.

S 1347, S 1358, and S 1361, by Education Committee, wereintroduced, read the first time by title, and referred to theEducation Committee.


H 500, as amended in the Senate, by State AffairsCommittee, was introduced, read the first time by title and filedfor second reading.



H 802, H 756, H 757, H 731, H 646, and H 777, by StateAffairs Committee, were read the second time by title and filedfor third reading.

H 773, H 741, and H 776, by Ways and Means Committee,were read the second time by title and filed for third reading.

S 1267, S 1268, and S 1266, by State Affairs Committee,were read the second time by title and filed for third reading.






Roll call resulted as follows:AYES -- Andersen, Bauer, Black, Boe, Campbell, Cuddy,

Douglas, Edmunson, Eskridge, Field(18), Field(23), Henbest,Jaquet, Jones, Kellogg, Langhorst, Martinez, Meyer, Mitchell,Naccarato, Pasley-Stuart, Ridinger, Ringo, Shirley, Smith(30),Smith(24), Stevenson, Trail(Bennett), Wood. Total -- 29.

NAYS -- Barraclough, Barrett, Bayer, Bedke, Bell, Block,Bolz, Bradford, Cannon, Clark, Collins, Crow, Deal, Denney,Eberle, Ellsworth, Gagner, Garrett, Harwood, Kulczyk, Lake,Langford, McGeachin, McKague, Miller, Moyle, Nielsen,Raybould, Ring, Roberts, Robison, Rydalch, Sali, Sayler,Schaefer, Shepherd, Skippen, Smylie, Snodgrass, Wills,Mr. Speaker. Total -- 41.

Total -- 70.





Roll call resulted as follows:AYES -- Andersen, Barraclough, Barrett, Bedke, Bell, Black,

Block, Boe, Bolz, Bradford, Campbell, Cannon, Clark, Collins,Cuddy, Deal, Denney, Douglas, Eberle, Edmunson, Ellsworth,Eskridge, Field(18), Field(23), Garrett, Harwood, Henbest,Jaquet, Jones, Kellogg, Lake, Langford, Langhorst, Martinez,McGeachin, McKague, Meyer, Miller, Mitchell, Naccarato,Nielsen, Pasley-Stuart, Raybould, Ridinger, Ring, Ringo,Roberts, Robison, Rydalch, Sali, Sayler, Schaefer, Shepherd,Shirley, Skippen, Smith(30), Smith(24), Smylie, Snodgrass,Stevenson, Trail(Bennett), Wood, Mr. Speaker. Total -- 63.

NAYS -- Bauer, Bayer, Kulczyk, Moyle. Total -- 4.Absent and excused -- Crow, Gagner, Wills. Total -- 3.Total -- 70.







Bedke, Bell, Black, Block, Boe, Bolz, Campbell, Cannon, Clark,Collins, Cuddy, Deal, Denney, Douglas, Eberle, Edmunson,Ellsworth, Eskridge, Field(18), Field(23), Gagner, Garrett,Harwood, Henbest, Jaquet, Jones, Kellogg, Kulczyk, Lake,Langford, Langhorst, Martinez, McGeachin, McKague, Meyer,Miller, Mitchell, Naccarato, Nielsen, Pasley-Stuart, Raybould,Ridinger, Ring, Ringo, Roberts, Robison, Rydalch, Sali, Sayler,Schaefer, Shepherd, Shirley, Skippen, Smith(30), Smith(24),Smylie, Snodgrass, Stevenson, Trail(Bennett), Wills, Wood,Mr. Speaker. Total -- 67.

NAYS -- Moyle. Total -- 1.Absent and excused -- Bradford, Crow. Total -- 2.Total -- 70.






Bedke, Bell, Black, Block, Boe, Bolz, Campbell, Cannon, Clark,Collins, Cuddy, Denney, Douglas, Eberle, Ellsworth, Eskridge,Field(18), Field(23), Gagner, Garrett, Harwood, Henbest,Jaquet, Jones, Kellogg, Kulczyk, Lake, Langford, Langhorst,Martinez, McGeachin, McKague, Meyer, Miller, Mitchell,Moyle, Naccarato, Nielsen, Pasley-Stuart, Raybould, Ridinger,Ring, Ringo, Roberts, Robison, Rydalch, Sali, Sayler, Schaefer,Shepherd, Shirley, Smith(30), Smith(24), Smylie, Snodgrass,Stevenson, Trail(Bennett), Wills, Wood, Mr. Speaker.Total -- 65.

NAYS -- None.Absent and excused -- Bradford, Crow, Deal, Edmunson,

Skippen. Total -- 5.Total -- 70.










Bedke, Bell, Black, Block, Boe, Bolz, Campbell, Cannon, Clark,Collins, Crow, Cuddy, Deal, Denney, Douglas, Eberle,Edmunson, Ellsworth, Eskridge, Field(18), Field(23), Gagner,Garrett, Harwood, Jones, Kellogg, Kulczyk, Lake, Langford,McGeachin, McKague, Meyer, Miller, Mitchell, Moyle,Naccarato, Nielsen, Pasley-Stuart, Raybould, Ridinger, Ring,Roberts, Robison, Rydalch, Sali, Schaefer, Shepherd, Shirley,Skippen, Smith(24), Smylie, Snodgrass, Stevenson, Wills, Wood,Mr. Speaker. Total -- 61.

NAYS -- Henbest, Jaquet, Langhorst, Martinez, Ringo,Sayler, Smith(30), Trail(Bennett). Total -- 8.

Absent and excused -- Bradford. Total -- 1.Total -- 70.






Bedke, Bell, Black, Block, Boe, Bolz, Bradford, Campbell,Cannon, Clark, Collins, Crow, Cuddy, Deal, Denney, Douglas,Eberle, Edmunson, Ellsworth, Eskridge, Field(18), Field(23),Gagner, Garrett, Harwood, Henbest, Jaquet, Jones, Kellogg,Kulczyk, Lake, Langford, Langhorst, Martinez, McGeachin,McKague, Meyer, Miller, Mitchell, Moyle, Naccarato, Nielsen,Pasley-Stuart, Raybould, Ridinger, Ring, Ringo, Robison,Rydalch, Sali, Sayler, Schaefer, Shepherd, Shirley, Skippen,Smith(30), Smith(24), Smylie, Snodgrass, Stevenson,Trail(Bennett), Wills, Wood, Mr. Speaker. Total -- 69.

NAYS -- None.Absent and excused -- Roberts. Total -- 1.Total -- 70.




At this time, the Speaker recognized Mrs. Pasley-Stuart toopen debate.



Bedke, Bell, Black, Block, Boe, Bolz, Bradford, Campbell,Cannon, Clark, Collins, Crow, Cuddy, Deal, Denney, Douglas,Eberle, Edmunson, Ellsworth, Eskridge, Field(18), Field(23),Gagner, Garrett, Harwood, Henbest, Jaquet, Jones, Kellogg,Kulczyk, Lake, Langford, Langhorst, Martinez, McGeachin,McKague, Meyer, Miller, Mitchell, Moyle, Naccarato, Nielsen,Pasley-Stuart, Raybould, Ridinger, Ring, Ringo, Robison,Rydalch, Sali, Sayler, Schaefer, Shepherd, Shirley, Smith(30),Smith(24), Smylie, Snodgrass, Stevenson, Trail(Bennett), Wills,Wood, Mr. Speaker. Total -- 68.

NAYS -- None.Absent and excused -- Roberts, Skippen. Total -- 2.Total -- 70.


HCR 42, as amended, was read the third time at length andplaced before the House for final consideration.


The question being, "Shall HCR 42, as amended, beadopted?"

Roll call resulted as follows:AYES -- Andersen, Barraclough, Barrett, Bauer, Black, Boe,

Bolz, Bradford, Campbell, Cannon, Clark, Collins, Crow,Cuddy, Deal, Denney, Douglas, Eberle, Edmunson, Ellsworth,Eskridge, Field(18), Field(23), Gagner, Garrett, Harwood,Henbest, Jaquet, Jones, Kellogg, Lake, Langhorst, Martinez,McGeachin, McKague, Meyer, Miller, Mitchell, Moyle,Naccarato, Nielsen, Pasley-Stuart, Raybould, Ridinger, Ring,Ringo, Roberts, Robison, Sali, Sayler, Schaefer, Shepherd,Shirley, Skippen, Smith(30), Smith(24), Smylie, Snodgrass,Trail(Bennett), Mr. Speaker. Total -- 60.

NAYS -- Bayer, Bedke, Bell, Block, Kulczyk, Langford,Rydalch. Total -- 7.

Absent and excused -- Stevenson, Wills, Wood. Total -- 3.Total -- 70.

Whereupon the Speaker declared HCR 42, as amended,adopted and ordered the resolution transmitted to the Senate.

Mr. Moyle asked unanimous consent that H 630, as amended,be returned to the State Affairs Committee. There being noobjection, it was so ordered.





Bell, Black, Block, Bolz, Bradford, Campbell, Cannon, Clark,Collins, Crow, Cuddy, Deal, Denney, Eberle, Edmunson,Ellsworth, Eskridge, Field(18), Field(23), Gagner, Garrett,Jones, Kellogg, Kulczyk, Lake, Langford, McGeachin,McKague, Meyer, Miller, Moyle, Nielsen, Raybould, Ridinger,Ring, Roberts, Robison, Rydalch, Sali, Schaefer, Shepherd,Shirley, Skippen, Smith(30), Smylie, Snodgrass, Stevenson,Trail(Bennett), Wood, Mr. Speaker. Total -- 55.

NAYS -- Bayer, Boe, Douglas, Harwood, Henbest, Jaquet,Langhorst, Martinez, Mitchell, Naccarato, Pasley-Stuart, Ringo,Sayler, Smith(24). Total -- 14.

Absent and excused -- Wills. Total -- 1.Total -- 70.



At this time, the Speaker recognized Mr. Harwood andMr. Naccarato to open debate.



Bedke, Bell, Black, Block, Boe, Bolz, Bradford, Campbell,Cannon, Clark, Collins, Crow, Cuddy, Deal, Denney, Douglas,Eberle, Edmunson, Ellsworth, Eskridge, Field(18), Field(23),Gagner, Garrett, Harwood, Henbest, Jaquet, Jones, Kellogg,Lake, Langford, Langhorst, Martinez, McGeachin, McKague,Meyer, Miller, Mitchell, Moyle, Naccarato, Nielsen,Pasley-Stuart, Raybould, Ridinger, Ring, Ringo, Roberts,Robison, Rydalch, Sayler, Schaefer, Shepherd, Shirley, Skippen,Smith(30), Smith(24), Smylie, Snodgrass, Stevenson,Trail(Bennett), Wood, Mr. Speaker. Total -- 67.

NAYS -- Kulczyk, Sali. Total -- 2.Absent and excused -- Wills. Total -- 1.Total -- 70.





RECESS

Afternoon Session


Roll call showed 67 members present.Absent and excused -- Black, Bradford, Shirley. Total -- 3.Total -- 70.



Mr. Sali asked unanimous consent that Rule 70, with theexception of smoking, be suspended for the balance of theLegislative Day. There being no objection, it was so ordered.




Roll call resulted as follows:AYES -- Andersen, Block, Boe, Campbell, Cannon, Cuddy,

Deal, Douglas, Eberle, Edmunson, Ellsworth, Field(18), Garrett,Henbest, Jaquet, Jones, Kellogg, Langhorst, Martinez,McGeachin, Meyer, Miller, Mitchell, Naccarato, Pasley-Stuart,Ringo, Robison, Sali, Sayler, Shepherd, Skippen, Smith(30),Snodgrass, Trail(Bennett), Wood, Mr. Speaker. Total -- 36.

NAYS -- Barraclough, Barrett, Bauer, Bayer, Bedke, Bell,Bolz, Clark, Collins, Denney, Eskridge, Field(23), Gagner,Harwood, Kulczyk, Lake, Langford, McKague, Moyle,Raybould, Ridinger, Ring, Roberts, Rydalch, Schaefer, Smylie,Stevenson. Total -- 27.

Absent and excused -- Black, Bradford, Crow, Nielsen,Shirley, Smith(24), Wills. Total -- 7.

Total -- 70.






Bell, Block, Boe, Bolz, Campbell, Cannon, Clark, Collins,Cuddy, Deal, Denney, Douglas, Eberle, Edmunson, Ellsworth,Eskridge, Field(18), Field(23), Gagner, Garrett, Harwood,Henbest, Jaquet, Jones, Kellogg, Kulczyk, Langford, Langhorst,Martinez, McGeachin, McKague, Meyer, Miller, Mitchell,

Moyle, Naccarato, Pasley-Stuart, Raybould, Ridinger, Ring,Ringo, Roberts, Robison, Rydalch, Sali, Sayler, Schaefer,Shepherd, Skippen, Smith(30), Smylie, Snodgrass, Stevenson,Trail(Bennett), Wood, Mr. Speaker. Total -- 61.

NAYS -- None.Absent and excused -- Bauer, Black, Bradford, Crow, Lake,

Nielsen, Shirley, Smith(24), Wills. Total -- 9.Total -- 70.






Bell, Block, Boe, Bolz, Campbell, Cannon, Clark, Collins,Crow, Cuddy, Deal, Denney, Douglas, Eberle, Edmunson,Ellsworth, Eskridge, Field(18), Field(23), Garrett, Harwood,Henbest, Jaquet, Jones, Kellogg, Kulczyk, Langford, Langhorst,Martinez, McGeachin, McKague, Meyer, Miller, Mitchell,Moyle, Naccarato, Pasley-Stuart, Raybould, Ridinger, Ring,Ringo, Roberts, Robison, Rydalch, Sali, Sayler, Schaefer,Shepherd, Skippen, Smith(30), Smith(24), Smylie, Snodgrass,Stevenson, Trail(Bennett), Wood, Mr. Speaker. Total -- 62.

NAYS -- None.Absent and excused -- Bauer, Black, Bradford, Gagner, Lake,

Nielsen, Shirley, Wills. Total -- 8.Total -- 70.






Bedke, Bell, Block, Boe, Bolz, Campbell, Cannon, Clark,Collins, Crow, Cuddy, Deal, Denney, Douglas, Eberle,Edmunson, Ellsworth, Eskridge, Field(18), Field(23), Gagner,Garrett, Harwood, Jaquet, Jones, Kellogg, Langford, Langhorst,McGeachin, McKague, Meyer, Miller, Mitchell, Moyle,Naccarato, Pasley-Stuart, Raybould, Ridinger, Ring, Ringo,Roberts, Robison, Rydalch, Sali, Sayler, Schaefer, Shepherd,Skippen, Smith(30), Smith(24), Smylie, Snodgrass, Stevenson,Trail(Bennett), Wood, Mr. Speaker. Total -- 61.

NAYS -- Henbest, Martinez. Total -- 2.Absent and excused -- Black, Bradford, Kulczyk, Lake,

Nielsen, Shirley, Wills. Total -- 7.Total -- 70.







Bedke, Bell, Block, Boe, Bolz, Campbell, Cannon, Clark,Collins, Crow, Cuddy, Deal, Denney, Douglas, Eberle,Edmunson, Ellsworth, Eskridge, Field(18), Field(23), Gagner,Garrett, Harwood, Henbest, Jaquet, Jones, Kellogg, Kulczyk,Langford, Langhorst, Martinez, McGeachin, McKague, Meyer,Miller, Mitchell, Moyle, Naccarato, Nielsen, Pasley-Stuart,Raybould, Ridinger, Ring, Ringo, Roberts, Robison, Rydalch,Sali, Sayler, Schaefer, Shepherd, Skippen, Smith(30), Smith(24),Smylie, Snodgrass, Stevenson, Trail(Bennett), Wills,Mr. Speaker. Total -- 65.

NAYS -- None.Absent and excused -- Black, Bradford, Lake, Shirley, Wood.







Bedke, Bell, Block, Boe, Bolz, Campbell, Cannon, Clark,Collins, Crow, Cuddy, Deal, Denney, Douglas, Eberle,Edmunson, Ellsworth, Eskridge, Field(18), Field(23), Gagner,Garrett, Henbest, Jaquet, Jones, Kellogg, Kulczyk, Langford,Langhorst, Martinez, McGeachin, McKague, Meyer, Miller,Mitchell, Moyle, Naccarato, Nielsen, Pasley-Stuart, Raybould,Ridinger, Ring, Ringo, Roberts, Robison, Rydalch, Sali, Sayler,Schaefer, Shepherd, Skippen, Smith(30), Smith(24), Smylie,Snodgrass, Stevenson, Trail(Bennett), Wills, Mr. Speaker.Total -- 64.

NAYS -- None.Absent and excused -- Black, Bradford, Harwood, Lake,

Shirley, Wood. Total -- 6.Total -- 70.






Bedke, Bell, Block, Boe, Bolz, Campbell, Cannon, Clark,Collins, Crow, Deal, Denney, Douglas, Eberle, Edmunson,Ellsworth, Eskridge, Field(18), Field(23), Gagner, Garrett,Harwood, Henbest, Jaquet, Jones, Kellogg, Kulczyk, Langford,Langhorst, Martinez, McGeachin, McKague, Meyer, Miller,Mitchell, Moyle, Naccarato, Nielsen, Pasley-Stuart, Raybould,Ridinger, Ring, Ringo, Roberts, Robison, Rydalch, Sali, Sayler,Schaefer, Shepherd, Skippen, Smith(30), Smylie, Snodgrass,Stevenson, Trail(Bennett), Wills, Mr. Speaker. Total -- 63.

NAYS -- None.Absent and excused -- Black, Bradford, Cuddy, Lake,

Shirley, Smith(24), Wood. Total -- 7.Total -- 70.






Bedke, Bell, Block, Bolz, Campbell, Cannon, Clark, Collins,Crow, Cuddy, Deal, Denney, Douglas, Eberle, Edmunson,Ellsworth, Field(18), Field(23), Gagner, Harwood, Henbest,Jaquet, Jones, Kellogg, Kulczyk, Langford, Langhorst, Martinez,McGeachin, McKague, Miller, Moyle, Naccarato, Nielsen,Pasley-Stuart, Raybould, Ring, Ringo, Robison, Rydalch, Sali,Sayler, Shepherd, Skippen, Smith(30), Smylie, Snodgrass,Stevenson, Trail(Bennett), Wills, Mr. Speaker. Total -- 56.

NAYS -- Eskridge, Mitchell. Total -- 2.Absent and excused -- Black, Boe, Bradford, Garrett, Lake,

Meyer, Ridinger, Roberts, Schaefer, Shirley, Smith(24), Wood.Total -- 12.

Total -- 70.



At this time, the Speaker recognized Mr. Kulczyk to opendebate.





At this time, the Speaker recognized Mr. Nielsen to opendebate.




At this time, the Speaker recognized Ms. Jaquet, Mr. Bedke,and Mr. Barraclough to open debate.



Mr. Denney asked unanimous consent that beginningFriday, March 5, 2004, all House Appropriation bills be placedat the top of the Third Reading Calendar, followed by SenateFinance Bills, House Bills, and Senate Bills. There being noobjection it was so ordered.


There being no objection, the House returned to the EighthOrder of Business.



AN ACTRELATING TO CONTRACTOR REGISTRATION;

AMENDING TITLE 54, IDAHO CODE, BY THE ADDITIONOF A NEW CHAPTER 52, TITLE 54, IDAHO CODE, TOPROVIDE A SHORT TITLE, TO DECLARE A POLICY, TODEFINE TERMS, TO REQUIRE REGISTRATION, TO SETFORTH EXEMPTIONS, TO CREATE THE IDAHOCONTRACTORS BOARD, TO SET FORTH BOARD POWERSAND DUTIES, TO PROVIDE FOR THE DENIAL OF LIENRIGHTS, TO PROVIDE THAT A CONTRACTOR' SREGISTRATION NUMBER SHALL BE REQUIRED ON

BUILDING AND OTHER PERMITS, TO REQUIRE THEPOSTING OF PERMITS, TO PROVIDE AN EXEMPTION, TOPROVIDE FOR APPLICATIONS FOR REGISTRATION, TOSET FORTH REGISTRATION PERIODS, TO PROVIDE FORRENEWAL OF REGISTRATION, TO CREATE THE IDAHOCONTRACTORS BOARD FUND, TO PROVIDE FORRECIPROCAL REGISTRATION, TO PROVIDE FOR THEISSUANCE OF CERTIFICATES OF REGISTRATION ANDCARDS, TO REQUIRE NOTIFICATION UPON ANYCHANGE OF OWNERSHIP, TO REQUIRE THE DISPLAYOF CONTRACTOR REGISTRATION NUMBERS, TOPROVIDE FOR BOARD AUTHORITY TO INVESTIGATEAND DISCIPLINE, TO PROVIDE FOR THE SUSPENSIONOR REVOCATION OF REGISTRATION, TO PROVIDE FORREINSTATEMENT, TO PROVIDE PENALTIES, TOPROVIDE FOR SEVERABILITY AND TO SET FORTHPOWERS AND DUTIES OF THE ATTORNEY GENERALAND PROSECUTING ATTORNEYS; AND DECLARING ANEMERGENCY.


AN ACTRELATING TO DISCLOSURE OF CONTROLLED

SUBSTANCE ADULTERATION OR MISAPPROPRIATION;AMENDING CHAPTER 1, TITLE 37, IDAHO CODE, BYTHE ADDITION OF A NEW SECTION 37-117A, IDAHOCODE, TO PROVIDE REPORTING AND DISCLOSUREREQUIREMENTS FOR CERTAIN HEALTH CAREPROVIDERS WHO ARE TERMINATED FROME M P L O Y M E N T F O R A D U L T E R A T I O N O RMISAPPROPRIATION OF CONTROLLED SUBSTANCES.


AN ACTRELATING TO THE INSPECTION AND SUPPRESSION

OF DISEASES IN ANIMALS; AMENDING CHAPTER 2,TITLE 25, IDAHO CODE, BY THE ADDITION OF A NEWSECTION 25-220, IDAHO CODE, TO PROHIBIT THEIMPORTATION OF CATTLE ORIGINATING IN CANADAINTO THE STATE OF IDAHO UNLESS CERTAINIDENTIFICATION REQUIREMENTS ARE MET; ANDAMENDING SECTION 25-230, IDAHO CODE, TO STRIKEOBSOLETE LANGUAGE, TO PROVIDE CORRECTTERMINOLOGY AND TO MAKE TECHNICALCORRECTIONS.


AN ACTRELATING TO AGRICULTURAL AND FARM

EQUIPMENT AND CONTRACTS; AMENDING SECTION28-23-101, IDAHO CODE, TO PROVIDE FOR THEPAYMENT OR CREDIT FOR DEMONSTRATION ORRENTAL EQUIPMENT THAT HAS NOT BEEN RETAILEDTO AN END USER AND TO MAKE A TECHNICALCORRECTION; AMENDING SECTION 28-23-102, IDAHOCODE, TO REVISE THE PROCEDURES AND CREDITS FORREPURCHASE OF REPAIR PARTS, REPAIR MANUALS,SPECIALIZED REPAIR TOOLS AND SIGNAGE AND TO


MAKE TECHNICAL CORRECTIONS; AMENDINGSECTION 28-23-105, IDAHO CODE, TO PROVIDE FOR ONEHUNDRED PERCENT CURRENT NET PRICE FORMANUALS AND REPAIR MANUALS AND REASONABLEREIMBURSEMENT FOR SERVICES PERFORMED INCONNECTION WITH ASSEMBLY AND PREDELIVERYINSPECTIONS OF THE EQUIPMENT, TO PROVIDE VENUEFOR CAUSES OF ACTION AND TO MAKE TECHNICALCORRECTIONS; AMENDING SECTION 28-23-106, IDAHOC O D E , T O P R O V I D E A P P L I C A T I O N T OTRANSPORTATION CHARGES WHICH HAVE BEEN PAIDBY THE RETAILER OR INVOICED TO THE RETAILER' SACCOUNT AND TO PROVIDE APPLICATION TOMULTIPLE PARTS AND TO MAKE A TECHNICALCORRECTION; AMENDING SECTION 28-23-108, IDAHOCODE, TO INCREASE NOTICE PROVISIONS TO NINETYDAYS; AMENDING SECTION 28-24-102, IDAHO CODE, TOFURTHER DEFINE TERMS; AMENDING SECTION28-24-103, IDAHO CODE, TO REVISE UNLAWFUL ACTSAND PRACTICES REGARDING EQUIPMENT DEALERS;AMENDING SECTION 28-24-104, IDAHO CODE, TOREVISE TIME PERIODS FOR A DEALER TO CURE APROBLEM, TO PROVIDE PROCEDURES PRIOR TO THETERMINATION OR NONRENEWAL OF A DEALERAGREEMENT AND TO MAKE A TECHNICALCORRECTION; AMENDING PART 1, CHAPTER 24, TITLE28, IDAHO CODE, BY THE ADDITION OF NEWSECTIONS 28-24-104A, 28-24-104B, 28-24-104C, 28-24-104DAND 28-24-104E, IDAHO CODE, TO PROVIDE THEESTABLISHMENT OF A NEW DEALERSHIP AND THESUPPLIER' S DUTIES, TO PROVIDE FOR WARRANTYCLAIMS, TO PROVIDE FOR AUDIT OF WARRANTYCLAIMS, TO PROVIDE FOR ARBITRATION AND TOPROVIDE FOR SUCCESSORS IN INTEREST; ANDAMENDING SECTION 28-24-105, IDAHO CODE, TOINCLUDE DATA PROCESSING SOFTWARE IN REMEDIESAND ENFORCEMENT PROVISIONS, TO PROVIDE VENUEFOR CAUSES OF ACTION AND TO MAKE A TECHNICALCORRECTION.



Adjournment

Mr. Moyle moved that the House adjourn until 10 a.m. ,Friday, March 5, 2004. Seconded by Ms. Jaquet. Motioncarried.




FIFTY-FOURTH LEGISLATIVE DAYFRIDAY, MARCH 5, 2004






Approval of Journal


We, your COMMITTEE ON JUDICIARY, RULES, ANDADMINISTRATION, report that we have read and approved theHouse Journal of the Fifty-third Legislative Day and recommendthat same be adopted as corrected.

FIELD(18), Chairman




I transmit herewith enrolled S 1227, S 1228, S 1252, S 1277,S 1365, and S 1377 for the signature of the Speaker.

WOOD, Secretary

The Speaker announced he was about to sign enrolled S 1227,S 1228, S 1252, S 1277, S 1365, and S 1377 and, when sosigned, ordered them returned to the Senate.



WOOD, Secretary



I transmit herewith SCR 132, SJM 109, and S 1348 whichhave passed the Senate.

WOOD, Secretary

SCR 132, SJM 109, and S 1348 were filed for first reading.






March 5, 2004


ADMINISTRATION report that we have printed H 808, H 809,H 810, H 811, H 812, H 813, H 814, H 815, H 816, and H 817.

FIELD(18), Chairman



H 812 and H 817 were referred to the Business Committee.



H 814 was held at the Desk.

March 5, 2004


ADMINISTRATION, report that we have enrolled H 720.FIELD(18), Chairman


March 5, 2004


ADMINISTRATION, report that we have transmitted enrolledHCR 53 to the Secretary of State at 1:30 p.m., as of this date,March 4, 2004.

FIELD(18), Chairman


We, your COMMITTEE ON EDUCATION, report that wehave had under consideration H 787 and recommend that it dopass.



March 4, 2004

Mr. Speaker:We, your COMMITTEE ON REVENUE AND TAXATION,

report that we have had under consideration H 754 and H 799and report them back with amendments attached to be placed onGeneral Orders for consideration.

CROW, Chairman



We, your COMMITTEE ON TRANSPORTATION ANDDEFENSE, report that we have had under consideration S 1274and S 1224 and recommend that they do pass.

WOOD, Chairman


March 4, 2004

Mr. Speaker:We, your COMMITTEE ON AGRICULTURAL AFFAIRS,

report that we have had under consideration H 807 and H 806and recommend that they do pass.

JONES, Chairman



We, your COMMITTEE ON HEALTH AND WELFARE,report that we have had under consideration S 1318, S 1291,S 1320, and S 1299 and recommend that they do pass.

SALI, Chairman

S 1318, S 1291, S 1320, and S 1299 were filed for secondreading.



SCR 132, by State Affairs Committee, was introduced, readthe first time by title, and referred to the Ways and MeansCommittee.

SJM 109, by State Affairs Committee, was introduced, readthe first time by title, and referred to the Transportation andDefense Committee.



AN ACTAPPROPRIATING MONEYS FOR THE IDAHO

EDUCATIONAL PUBLIC BROADCASTING SYSTEM FORFISCAL YEAR 2005; AND LIMITING THE NUMBER OFFULL-TIME EQUIVALENT POSITIONS.


AN ACTAPPROPRIATING MONEYS FOR THE IDAHO STATE

HISTORICAL SOCIETY FOR FISCAL YEAR 2005; ANDLIMITING THE NUMBER OF FULL-TIME EQUIVALENTPOSITIONS.



AN ACTAPPROPRIATING MONEYS FOR THE IDAHO SCHOOL

FOR THE DEAF AND THE BLIND FOR FISCAL YEAR2005; LIMITING THE NUMBER OF FULL-TIMEEQUIVALENT POSITIONS; AND AUTHORIZING FUNDDEPOSITS.


AN ACTAPPROPRIATING MONEYS FOR THE STATE

LIBRARY BOARD FOR FISCAL YEAR 2005; ANDLIMITING THE NUMBER OF FULL-TIME EQUIVALENTPOSITIONS.






HCR 55, H 771, H 774, and HCR 52, by Ways and MeansCommittee, were read the second time by title and filed for thirdreading.


S 1234, as amended, S 1263, and S 1281, by Judiciary andRules Committee, were read the second time by title and filed forthird reading.

S 1240, S 1241, and S 1242, by Commerce and HumanResources Committee, were read the second time by title andfiled for third reading.

H 500, as amended in the Senate, by State AffairsCommittee, was read the second time by title and filed for thirdreading.






Bedke, Bell, Black, Block, Bolz, Bradford, Campbell, Cannon,Clark, Collins, Crow, Cuddy, Deal, Denney, Douglas, Eberle,Edmunson, Ellsworth, Eskridge, Field(18), Field(23), Gagner,Garrett, Harwood, Henbest, Jaquet, Jones, Kellogg, Kulczyk,Lake, Langford, Langhorst, Martinez, McGeachin, McKague,Meyer, Miller , Mitchell, Moyle, Naccarato, Nielsen,Pasley-Stuart, Raybould, Ring, Ringo, Roberts, Robison,Rydalch, Sayler, Schaefer, Shepherd, Shirley, Skippen,Smith(30), Smith(24), Smylie, Snodgrass, Stevenson,Trail(Bennett), Wills, Wood, Mr. Speaker. Total -- 67.

NAYS -- None.Absent and excused -- Boe, Ridinger, Sali. Total -- 3.Total -- 70.






Bedke, Bell, Black, Block, Boe, Bolz, Bradford, Campbell,Cannon, Clark, Collins, Crow, Cuddy, Deal, Denney, Douglas,Eberle, Edmunson, Ellsworth, Eskridge, Field(18), Field(23),Gagner, Garrett, Harwood, Henbest, Jaquet, Jones, Kellogg,Kulczyk, Lake, Langford, Langhorst, Martinez, McGeachin,McKague, Meyer, Miller, Mitchell, Moyle, Naccarato, Nielsen,Pasley-Stuart, Raybould, Ridinger, Ring, Ringo, Roberts,Robison, Rydalch, Sayler, Schaefer, Shepherd, Shirley, Skippen,Smith(30), Smith(24), Smylie, Snodgrass, Stevenson,Trail(Bennett), Wills, Wood, Mr. Speaker. Total -- 69.

NAYS -- None.Absent and excused -- Sali. Total -- 1.Total -- 70.








Gagner, Garrett, Harwood, Henbest, Jaquet, Jones, Kellogg,Kulczyk, Lake, Langford, Langhorst, Martinez, McGeachin,McKague, Meyer, Miller, Mitchell, Moyle, Naccarato, Nielsen,Pasley-Stuart, Raybould, Ridinger, Ring, Ringo, Roberts,Robison, Rydalch, Sayler, Schaefer, Shepherd, Shirley, Skippen,Smith(30), Smith(24), Smylie, Snodgrass, Stevenson,Trail(Bennett), Wills, Wood, Mr. Speaker. Total -- 69.

NAYS -- None.Absent and excused -- Sali. Total -- 1.Total -- 70.






Black, Block, Boe, Bolz, Bradford, Campbell, Cannon, Clark,Collins, Crow, Cuddy, Deal, Denney, Douglas, Eberle,Edmunson, Ellsworth, Eskridge, Field(18), Field(23), Gagner,Garrett, Harwood, Henbest, Jaquet, Jones, Kellogg, Lake,Langford, Langhorst, Martinez, McGeachin, McKague, Meyer,Miller, Mitchell, Moyle, Naccarato, Nielsen, Pasley-Stuart,Raybould, Ring, Ringo, Roberts, Robison, Rydalch, Sayler,Schaefer, Shepherd, Shirley, Skippen, Smith(30), Smith(24),Smylie, Snodgrass, Stevenson, Trail(Bennett), Wills,Mr. Speaker. Total -- 65.

NAYS -- Barrett, Kulczyk, Ridinger, Wood. Total -- 4.Absent and excused -- Sali. Total -- 1.Total -- 70.






Bedke, Bell, Black, Block, Boe, Bolz, Bradford, Campbell,Cannon, Clark, Collins, Cuddy, Deal, Denney, Douglas, Eberle,Edmunson, Ellsworth, Eskridge, Field(18), Field(23), Gagner,Garrett, Harwood, Henbest, Jaquet, Jones, Kellogg, Kulczyk,Lake, Langford, Langhorst, Martinez, McGeachin, McKague,Meyer, Miller, Mitchell, Moyle, Naccarato, Nielsen,Pasley-Stuart, Raybould, Ridinger, Ring, Ringo, Roberts,

Robison, Rydalch, Sayler, Schaefer, Shepherd, Shirley, Skippen,Smith(30), Smith(24), Smylie, Snodgrass, Stevenson,Trail(Bennett), Wills, Wood, Mr. Speaker. Total -- 68.

NAYS -- None.Absent and excused -- Crow, Sali. Total -- 2.Total -- 70.






Bedke, Bell, Black, Block, Boe, Bolz, Bradford, Campbell,Cannon, Clark, Collins, Cuddy, Deal, Denney, Douglas, Eberle,Edmunson, Ellsworth, Eskridge, Field(18), Field(23), Gagner,Garrett, Harwood, Henbest, Jaquet, Jones, Kellogg, Lake,Langford, Langhorst, Martinez, McGeachin, McKague, Meyer,Miller, Mitchell, Moyle, Naccarato, Nielsen, Pasley-Stuart,Raybould, Ridinger, Ring, Ringo, Roberts, Robison, Rydalch,Sali, Sayler, Schaefer, Shepherd, Shirley, Skippen, Smith(30),Smith(24), Smylie, Snodgrass, Stevenson, Trail(Bennett), Wills,Wood, Mr. Speaker. Total -- 68.

NAYS -- Kulczyk. Total -- 1.Absent and excused -- Crow. Total -- 1.Total -- 70.






Bedke, Bell, Black, Block, Boe, Bolz, Bradford, Campbell,Cannon, Clark, Collins, Crow, Cuddy, Deal, Denney, Douglas,Eberle, Edmunson, Ellsworth, Eskridge, Field(18), Field(23),Gagner, Garrett, Harwood, Henbest, Jaquet, Jones, Kellogg,Kulczyk, Lake, Langford, Langhorst, Martinez, McGeachin,McKague, Meyer, Miller, Mitchell, Moyle, Naccarato, Nielsen,Pasley-Stuart, Raybould, Ridinger, Ring, Ringo, Roberts,Robison, Rydalch, Sali, Sayler, Schaefer, Shepherd, Shirley,Skippen, Smith(30), Smith(24), Smylie, Snodgrass, Stevenson,Trail(Bennett), Wills, Wood, Mr. Speaker. Total -- 70.







Black, Block, Bolz, Campbell, Cannon, Clark, Collins, Crow,Deal, Denney, Eberle, Edmunson, Ellsworth, Eskridge,Field(18), Field(23), Gagner, Garrett, Harwood, Kellogg,Kulczyk, Lake, Langford, McGeachin, McKague, Meyer,Moyle, Nielsen, Raybould, Ridinger, Ring, Roberts, Rydalch,Sali, Schaefer, Shirley, Skippen, Smith(24), Stevenson, Wills,Wood, Mr. Speaker. Total -- 48.

NAYS -- Andersen, Boe, Cuddy, Douglas, Henbest, Jaquet,Jones, Langhorst, Martinez, Miller, Mitchell, Naccarato,Pasley-Stuart, Ringo, Robison, Sayler, Shepherd, Smith(30),Smylie, Snodgrass, Trail(Bennett). Total -- 21.

Absent and excused -- Bradford. Total -- 1.Total -- 70.






Bedke, Bell, Black, Block, Boe, Bolz, Bradford, Campbell,Cannon, Clark, Collins, Crow, Cuddy, Deal, Denney, Douglas,Eberle, Edmunson, Ellsworth, Eskridge, Field(18), Field(23),Gagner, Garrett, Harwood, Henbest, Jaquet, Kellogg, Kulczyk,Lake, Langford, Langhorst, Martinez, McGeachin, McKague,Meyer, Miller, Mitchell, Moyle, Naccarato, Nielsen,Pasley-Stuart, Raybould, Ridinger, Ring, Ringo, Roberts,Robison, Rydalch, Sali, Sayler, Schaefer, Shepherd, Shirley,Skippen, Smith(30), Smith(24), Smylie, Snodgrass, Stevenson,Trail(Bennett), Wills, Wood, Mr. Speaker. Total -- 69.

NAYS -- None.Absent and excused -- Jones. Total -- 1.Total -- 70.






Bedke, Bell, Black, Block, Boe, Bolz, Bradford, Campbell,Cannon, Clark, Collins, Crow, Cuddy, Deal, Denney, Douglas,Eberle, Edmunson, Ellsworth, Eskridge, Field(18), Field(23),Gagner, Garrett, Harwood, Henbest, Jaquet, Jones, Kellogg,Lake, Langford, Langhorst, Martinez, McGeachin, McKague,Meyer, Miller , Mitchell, Moyle, Naccarato, Nielsen,Pasley-Stuart, Raybould, Ridinger, Ring, Ringo, Roberts,Robison, Rydalch, Sali, Sayler, Schaefer, Shepherd, Shirley,Skippen, Smith(30), Smylie, Snodgrass, Stevenson,Trail(Bennett), Wills, Wood, Mr. Speaker. Total -- 68.

NAYS -- Kulczyk. Total -- 1.Absent and excused -- Smith(24). Total -- 1.Total -- 70.






Bedke, Bell, Black, Block, Boe, Bolz, Bradford, Campbell,Cannon, Clark, Collins, Crow, Cuddy, Deal, Denney, Douglas,Eberle, Edmunson, Ellsworth, Eskridge, Field(18), Field(23),Gagner, Garrett, Harwood, Henbest, Jaquet, Jones, Kellogg,Lake, Langford, Langhorst, Martinez, McGeachin, McKague,Meyer, Miller, Mitchell, Moyle, Naccarato, Nielsen,Pasley-Stuart, Raybould, Ridinger, Ring, Ringo, Roberts,Robison, Rydalch, Sali, Sayler, Schaefer, Shepherd, Shirley,Skippen, Smith(30), Smylie, Snodgrass, Stevenson,Trail(Bennett), Wills, Wood, Mr. Speaker. Total -- 68.

NAYS -- Kulczyk. Total -- 1.Absent and excused -- Smith(24). Total -- 1.Total -- 70.






Bedke, Bell, Block, Boe, Bolz, Bradford, Campbell, Cannon,Clark, Collins, Crow, Deal, Denney, Douglas, Eberle,Edmunson, Ellsworth, Eskridge, Field(18), Field(23), Gagner,Garrett, Harwood, Henbest, Jones, Kellogg, Kulczyk, Lake,


Langford, Langhorst, Martinez, McGeachin, McKague, Miller,Mitchell, Moyle, Naccarato, Nielsen, Pasley-Stuart, Raybould,Ridinger, Ring, Ringo, Roberts, Robison, Rydalch, Sali, Sayler,Schaefer, Shepherd, Shirley, Skippen, Smith(30), Smylie,Snodgrass, Stevenson, Trail(Bennett), Wills, Wood,Mr. Speaker. Total -- 65.

NAYS -- None.Absent and excused -- Black, Cuddy, Jaquet, Meyer,







Black, Block, Boe, Bolz, Campbell, Cannon, Clark, Collins,Crow, Deal, Denney, Douglas, Eberle, Edmunson, Ellsworth,Eskridge, Field(18), Field(23), Gagner, Garrett, Harwood,Henbest, Jaquet, Jones, Kellogg, Lake, Langford, Langhorst,Martinez, McGeachin, Miller, Mitchell, Moyle, Naccarato,Nielsen, Pasley-Stuart, Raybould, Ridinger, Ring, Ringo,Roberts, Robison, Rydalch, Sayler, Schaefer, Shepherd, Shirley,Skippen, Smith(30), Smylie, Snodgrass , Stevenson,Trail(Bennett), Wills, Mr. Speaker. Total -- 61.

NAYS -- Barrett, Kulczyk, Sali, Wood. Total -- 4.Absent and excused -- Bradford, Cuddy, McKague, Meyer,







Bedke, Bell, Black, Block, Boe, Bolz, Campbell, Cannon, Clark,Collins, Crow, Cuddy, Deal, Denney, Douglas, Eberle,Edmunson, Ellsworth, Eskridge, Field(18), Field(23), Gagner,Garrett, Harwood, Henbest, Jaquet, Jones, Kellogg, Kulczyk,Lake, Langford, Langhorst, Martinez, McGeachin, Miller,Mitchell, Naccarato, Nielsen, Pasley-Stuart, Raybould, Ridinger,Ring, Ringo, Roberts, Robison, Rydalch, Sali, Sayler, Schaefer,

Shepherd, Shirley, Skippen, Smith(30), Smylie, Snodgrass,Stevenson, Trail(Bennett), Wills, Mr. Speaker. Total -- 64.

NAYS -- None.Absent and excused -- Bradford, McKague, Meyer, Moyle,

Smith(24), Wood. Total -- 6.Total -- 70.






Bedke, Bell, Black, Block, Bolz, Bradford, Campbell, Cannon,Clark, Collins, Crow, Cuddy, Deal, Denney, Douglas,Edmunson, Ellsworth, Eskridge, Field(18), Field(23), Gagner,Garrett, Harwood, Henbest, Jaquet, Jones, Kellogg, Langhorst,Martinez, McKague, Meyer, Miller, Mitchell, Naccarato,Pasley-Stuart, Raybould, Ridinger, Ring, Ringo, Robison,Rydalch, Sayler, Schaefer, Shepherd, Shirley, Skippen,Smith(30), Smylie, Snodgrass, Stevenson, Trail(Bennett), Wills,Mr. Speaker. Total -- 58.

NAYS -- Boe, Eberle, Kulczyk, Lake, Langford,McGeachin, Nielsen, Roberts, Sali. Total -- 9.

Absent and excused -- Moyle, Smith(24), Wood. Total -- 3.Total -- 70.






Bell, Black, Block, Boe, Bolz, Bradford, Campbell, Cannon,Clark, Collins, Crow, Cuddy, Deal, Denney, Douglas,Edmunson, Ellsworth, Eskridge, Field(18), Field(23), Gagner,Garrett, Henbest, Jaquet, Jones, Kellogg, Lake, Langhorst,Martinez, McKague, Meyer, Miller, Mitchell, Naccarato,Nielsen, Pasley-Stuart, Raybould, Ridinger, Ring, Ringo,Roberts, Robison, Rydalch, Sayler, Schaefer, Shepherd, Skippen,Smith(30), Smylie, Snodgrass, Stevenson, Trail(Bennett), Wills,Mr. Speaker. Total -- 59.

NAYS -- Bauer, Eberle, Harwood, Kulczyk, Langford,McGeachin, Sali, Shirley. Total -- 8.

Absent and excused -- Moyle, Smith(24), Wood. Total -- 3.Total -- 70.







Black, Block, Boe, Bolz, Bradford, Campbell, Cannon, Clark,Collins, Crow, Cuddy, Deal, Denney, Douglas, Edmunson,Ellsworth, Eskridge, Field(18), Field(23), Gagner, Garrett,Henbest, Jaquet, Jones, Kellogg, Lake, Langford, Langhorst,Martinez, McGeachin, Miller, Mitchell, Naccarato, Nielsen,Pasley-Stuart, Raybould, Ridinger, Ring, Ringo, Robison,Rydalch, Sayler, Schaefer, Shepherd, Shirley, Skippen,Smith(30), Smylie, Snodgrass, Stevenson, Trail(Bennett), Wills,Wood, Mr. Speaker. Total -- 60.

NAYS -- Barrett, Eberle, Harwood, Kulczyk, McKague,Meyer, Roberts, Sali. Total -- 8.

Absent and excused -- Moyle, Smith(24). Total -- 2.Total -- 70.






Block, Boe, Bolz, Bradford, Campbell, Cannon, Clark, Collins,Crow, Cuddy, Denney, Douglas, Edmunson, Ellsworth,Eskridge, Field(18), Field(23), Gagner, Garrett, Henbest, Jaquet,Jones, Kellogg, Langford, Langhorst, Martinez, McGeachin,Meyer, Miller, Mitchell, Naccarato, Pasley-Stuart, Raybould,Ridinger, Ring, Ringo, Robison, Rydalch, Sayler, Schaefer,Shepherd, Shirley, Skippen, Smith(30), Smylie, Snodgrass,Stevenson, Trail(Bennett), Wills, Mr. Speaker. Total -- 56.

NAYS -- Barrett, Bayer, Eberle, Harwood, Kulczyk,McKague, Nielsen, Roberts, Sali, Wood. Total -- 10.

Absent and excused -- Deal, Lake, Moyle, Smith(24).Total -- 4.

Total -- 70.






Bedke, Bell, Black, Block, Boe, Bolz, Bradford, Campbell,Cannon, Clark, Collins, Crow, Cuddy, Deal, Denney, Douglas,Eberle, Edmunson, Ellsworth, Eskridge, Field(18), Field(23),Gagner, Garrett, Harwood, Henbest, Jaquet, Jones, Kellogg,Kulczyk, Lake, Langford, Langhorst, Martinez, McGeachin,McKague, Meyer, Miller, Mitchell, Moyle, Naccarato, Nielsen,Pasley-Stuart, Raybould, Ridinger, Ring, Ringo, Roberts,Robison, Rydalch, Sali, Sayler, Schaefer, Shepherd, Shirley,Skippen, Smith(30), Smith(24), Smylie, Snodgrass, Stevenson,Trail(Bennett), Wills, Wood, Mr. Speaker. Total -- 70.






Black, Block, Boe, Bolz, Bradford, Campbell, Cannon, Collins,Crow, Cuddy, Deal, Douglas, Edmunson, Ellsworth, Eskridge,Field(18), Field(23), Gagner, Garrett, Henbest, Jaquet, Jones,Kellogg, Lake, Langford, Langhorst, Martinez, Meyer, Miller,Mitchell, Naccarato, Nielsen, Pasley-Stuart, Raybould, Ridinger,Ring, Ringo, Robison, Rydalch, Sayler, Shepherd, Shirley,Skippen, Smith(30), Smith(24), Smylie, Snodgrass,Trail(Bennett), Wills, Wood, Mr. Speaker. Total -- 57.

NAYS -- Barrett, Clark, Denney, Eberle, Harwood, Kulczyk,McGeachin, McKague, Moyle, Sali, Schaefer, Stevenson.Total -- 12.

Absent and excused -- Roberts. Total -- 1.Total -- 70.






Black, Block, Boe, Bolz, Bradford, Campbell, Cannon, Clark,Collins, Crow, Cuddy, Deal, Denney, Douglas, Eberle,Edmunson, Ellsworth, Eskridge, Field(18), Field(23), Gagner,


Garrett, Harwood, Henbest, Jaquet, Jones, Kellogg, Kulczyk,Lake, Langford, Langhorst, Martinez, McGeachin, McKague,Meyer, Miller, Mitchell, Moyle, Naccarato, Nielsen,Pasley-Stuart, Raybould, Ridinger, Ring, Ringo, Roberts,Robison, Rydalch, Sali, Sayler, Schaefer, Shepherd, Shirley,Skippen, Smith(30), Smith(24), Smylie, Snodgrass, Stevenson,Trail(Bennett), Wills, Wood, Mr. Speaker. Total -- 69.

NAYS -- None.Absent and excused -- Barrett. Total -- 1.Total -- 70.






Black, Block, Boe, Bolz, Bradford, Campbell, Cannon, Clark,Collins, Cuddy, Deal, Denney, Douglas, Edmunson, Ellsworth,Eskridge, Field(18), Field(23), Gagner, Garrett, Harwood,Henbest, Jaquet, Jones, Kellogg, Kulczyk, Lake, Langford,Langhorst, Martinez, McKague, Meyer, Miller, Mitchell,Moyle, Naccarato, Nielsen, Pasley-Stuart, Raybould, Ridinger,Ring, Ringo, Roberts, Robison, Rydalch, Sali, Sayler, Schaefer,Shepherd, Shirley, Skippen, Smith(30), Smith(24), Smylie,Snodgrass, Stevenson, Trail(Bennett), Wills, Mr. Speaker.Total -- 65.

NAYS -- Barrett, Eberle, McGeachin, Wood. Total -- 4.Absent and excused -- Crow. Total -- 1.Total -- 70.






Bedke, Bell, Black, Block, Boe, Bolz, Bradford, Campbell,Cannon, Clark, Collins, Crow, Cuddy, Deal, Denney, Douglas,Eberle, Edmunson, Ellsworth, Eskridge, Field(18), Field(23),Gagner, Garrett, Harwood, Henbest, Jaquet, Jones, Kellogg,Kulczyk, Lake, Langford, Langhorst, Martinez, McGeachin,McKague, Meyer, Miller, Mitchell, Moyle, Naccarato, Nielsen,Pasley-Stuart, Raybould, Ridinger, Ring, Ringo, Roberts,

Robison, Rydalch, Sali, Sayler, Schaefer, Shepherd, Shirley,Skippen, Smith(30), Smith(24), Smylie, Snodgrass,Trail(Bennett), Wills, Wood, Mr. Speaker. Total -- 69.

NAYS -- None.Absent and excused -- Stevenson. Total -- 1.Total -- 70.



At this time, the Speaker recognized Mrs. Rydalch andMr. Barraclough to open debate.




At this time, the Speaker recognized Mrs. Rydalch andMr. Barraclough to open debate.







Bedke, Bell, Black, Block, Boe, Bolz, Bradford, Campbell,Cannon, Clark, Collins, Crow, Cuddy, Deal, Denney, Douglas,Eberle, Edmunson, Eskridge, Field(18), Field(23), Gagner,Garrett, Harwood, Henbest, Jaquet, Jones, Kellogg, Kulczyk,Lake, Langford, Langhorst, Martinez, McGeachin, McKague,Meyer, Miller, Mitchell, Moyle, Naccarato, Nielsen,Pasley-Stuart, Raybould, Ridinger, Ring, Ringo, Roberts,Robison, Rydalch, Sali, Sayler, Schaefer, Shepherd, Shirley,Skippen, Smith(30), Smith(24), Smylie, Snodgrass, Stevenson,Trail(Bennett), Wood, Mr. Speaker. Total -- 68.

NAYS -- None.Absent and excused -- Ellsworth, Wills. Total -- 2.Total -- 70.







Bedke, Bell, Black, Block, Bolz, Bradford, Campbell, Cannon,Clark, Collins, Crow, Cuddy, Deal, Denney, Douglas, Eberle,Edmunson, Ellsworth, Eskridge, Field(18), Field(23), Gagner,Garrett, Harwood, Kellogg, Kulczyk, Lake, Langford,McGeachin, McKague, Meyer, Miller, Moyle, Nielsen,Raybould, Ridinger, Ring, Roberts, Rydalch, Sali, Schaefer,Shepherd, Shirley, Skippen, Smith(24), Smylie, Snodgrass,Stevenson, Wills, Wood, Mr. Speaker. Total -- 56.

NAYS -- Boe, Henbest, Jaquet, Jones, Langhorst, Martinez,Mitchell, Naccarato, Pasley-Stuart, Ringo, Robison, Sayler,Smith(30), Trail(Bennett). Total -- 14.

Total -- 70.


Mr. Moyle asked unanimous consent that H 802 be placed atthe top of the Third Reading Calendar. There being noobjection, it was so ordered.




Roll call resulted as follows:AYES -- Barraclough, Black, Block, Boe, Bolz, Campbell,

Cannon, Cuddy, Deal, Denney, Douglas, Edmunson, Ellsworth,Eskridge, Field(18), Gagner, Garrett, Henbest, Jaquet, Jones,Kellogg, Langford, Langhorst, Martinez, Meyer, Miller,Mitchell, Moyle, Naccarato, Pasley-Stuart, Raybould, Ridinger,Ring, Ringo, Roberts, Robison, Rydalch, Sayler, Shepherd,Skippen, Smith(30), Smylie, Snodgrass, Stevenson,Trail(Bennett), Wills, Mr. Speaker. Total -- 47.

NAYS -- Andersen, Barrett, Bauer, Bayer, Bedke, Bell,Bradford, Clark, Collins, Crow, Eberle, Harwood, Kulczyk,Lake, McGeachin, McKague, Nielsen, Sali, Schaefer, Smith(24),Wood. Total -- 21.

Absent and excused -- Field(23), Shirley. Total -- 2.Total -- 70.


Mr. Denney asked unanimous consent that the remaining billson the Third Reading Calendar retain their places until Monday,March 8, 2004. There being no objection, it was so ordered.

There being no objection, the House returned to the FourthOrder of Business.


March 5, 2004

Mr. Speaker:I return herewith enrolled H 720 which has been signed by

the President. WOOD, Secretary


Mr. Gagner asked unanimous consent that H 757 be placedon General Orders for consideration. There being no objection,it was so ordered.


Adjournment

Mr. Denney moved that the House adjourn until 9:30 a.m.,Monday, March 8, 2004. Seconded by Ms. Jaquet. Motioncarried.




FIFTY-SEVENTH LEGISLATIVE DAYMONDAY, MARCH 8, 2004


The House convened at 9:30 a.m., Mr. Denney in the Chair.



The Pledge of Allegiance was led by Jesse Stricklan, Page.

Approval of Journal


We, your COMMITTEE ON JUDICIARY, RULES, ANDADMINISTRATION, report that we have read and approved theHouse Journal of the Fifty-fourth Legislative Day andrecommend that same be adopted as corrected.

FIELD(18), Chairman





I return herewith enrolled H 715, H 718, H 721, H 722,H 723, H 732, H 733, H 734, H 735, H 736, H 737, H 477,H 478, H 479, and H 481 which have been signed by thePresident.

WOOD, Secretary

Enrolled H 715, H 718, H 721, H 722, H 723, H 732,H 733, H 734, H 735, H 736, H 737, H 477, H 478, H 479, andH 481 were referred to the Judiciary, Rules, and AdministrationCommittee for delivery to the Governor.


I transmit herewith S 1363, S 1293, S 1408, S 1379, S 1394,S 1409, S 1410, S 1411, S 1412, S 1413, and S 1414 which havepassed the Senate.

WOOD, Secretary

S 1363, S 1293, S 1408, S 1379, S 1394, S 1409, S 1410,S 1411, S 1412, S 1413, and S 1414 were filed for first reading.



We, your COMMITTEE ON JUDICIARY, RULES, ANDADMINISTRATION report that we have printed H 818, H 819,H 820, and H 821.

FIELD(18), Chairman



We, your COMMITTEE ON JUDICIARY, RULES, ANDADMINISTRATION, report that we have transmitted enrolledH 720 to the Governor at 12:55 p.m., as of this date,March 5, 2004.

FIELD(18), Chairman


We, your COMMITTEE ON JUDICIARY, RULES, ANDADMINISTRATION, report that we have transmitted enrolledHCR 43 to the Secretary of State at 1:46 p.m., as of this date,March 5, 2004.

FIELD(18), Chairman


We, your COMMITTEE ON JUDICIARY, RULES, ANDADMINISTRATION, report that we have had underconsideration S 1243, as amended, S 1302, S 1303, and S 1304and recommend that they do pass.

FIELD(18), Chairman

S 1243, as amended, S 1302, S 1303, and S 1304 were filedfor second reading.

March 8, 2004


have had under consideration S 1331, S 1344, and S 1345 andrecommend that they do pass.






AN ACTA P P R O P R I A T I N G M O N E Y S T O T H E

SUPERINTENDENT OF PUBLIC INSTRUCTION/STATEDEPARTMENT OF EDUCATION FOR FISCAL YEAR 2005;AND LIMITING THE NUMBER OF FULL-TIMEEQUIVALENT POSITIONS.


AN ACTAPPROPRIATING MONEYS TO THE BOARD OF TAX

APPEALS FOR FISCAL YEAR 2005; AND LIMITING THENUMBER OF FULL-TIME EQUIVALENT POSITIONS.


AN ACTAPPROPRIATING MONEYS TO THE STATE TAXCOMMISSION FOR FISCAL YEAR 2005; AND LIMITINGTHE NUMBER OF FULL-TIME EQUIVALENT POSITIONS.





S 1408, S 1409, S 1410, S 1411, S 1412, S 1413, andS 1414, by Finance Committee, were introduced, read the firsttime by title, and filed for second reading.





H 815, H 807, and H 806, by Ways and Means Committee,were read the second time by title and filed for third reading.


S 1274, by Transportation Committee, was read the secondtime by title and filed for third reading.

S 1224, by Bailey, was read the second time by title and filedfor third reading.

S 1318, S 1291, S 1320, and S 1299, by Health and WelfareCommittee, were read the second time by title and filed for thirdreading.



Mr. Moyle moved that the House do now resolve itself into aCommittee of the Whole House for the consideration of GeneralOrders. Seconded by Ms. Jaquet. Motion carried.


When the Committee of the Whole House rose, the SpeakerPro Tem returned to the Chair and the House was in order.


March 8, 2004

Mr. Speaker:We, your COMMITTEE OF THE WHOLE HOUSE, report

that we have had under consideration H 666, H 728, H 752,S 1279, as amended, H 751, H 754, and H 799 and report themback without recommendation, amended as follows:



insert: "are not trespassing, is vicious. It shall be unlawful for theowner or".

AMENDMENT TO THE BILLOn page 1, following line 37, insert:"SECTION 2. An emergency existing therefor, which


CORRECTIONS TO TITLEOn page 1, in line 4, delete "VICIOUS," and insert:

"VICIOUS"; in line 5, delete "TO EXCLUDE WORKINGDOGS"; and in line 6, following "VIOLATION" insert: "; ANDDECLARING AN EMERGENCY".


AMENDMENTS TO SECTION 1On page 1 of the printed bill, delete lines 12 through 15 and

insert: "tors in Idaho." ; in line 31, following "assignment" delete","; delete line 32; and in line 34, following "attendance." insert:"Provided however, that an educator may never be granted morethan one (1) waiver pursuant to the provisions of this section, normay any waiver granted extend beyond five (5) years.".

AMENDMENT TO THE BILLOn page 1, following line 34, insert:"SECTION 2. Section 1 of this act shall be null, void and of

no force and effect on and after July 1, 2009.".

CORRECTIONS TO TITLEOn page 1, in line 4, delete "TO PROVIDE EXCEPTIONS

AND"; and in line 5, following "ADOPTED" insert: "AND TOPROVIDE CERTAIN LIMITATIONS FOR WAIVERS; ANDTO PROVIDE A SUNSET DATE".


AMENDMENT TO THE BILLOn page 1 of the printed bill, delete lines 12 through 43 and

delete pages 2, 3, 4 and 5 and insert:

"SECTION 1. That Section 49-319, Idaho Code, be, and thesame is hereby amended to read as follows:

49-319. EXPIRATION AND RENEWAL OF DRIVER' SLICENSE. (1) Every noncommercial Idaho driver' s licenseissued to a driver shall expire and be renewable as follows:

(a) Twenty-one (21) years of age or older shall expire on thelicensee' s birthday in the fourth year following the issuance ofthe driver' s license.(b) At the option of the applicant, for drivers twenty-one (21)years of age through sixty-two (62) years of age, the driver' slicense shall expire either on the licensee' s birthday in thefourth year or the eighth year following the issuance of thedriver' s license.(c) Every driver' s license issued to a driver under eighteen(18) years of age shall expire five (5) days after the licensee' seighteenth birthday.(d) Every driver' s license issued to a driver eighteen (18)years of age but under twenty-one (21) years of age shallexpire five (5) days after the licensee' s twenty-first birthday.(e) Except licenses issued to drivers under twenty-one (21)years of age, every driver ' s license that is not, as provided bylaw, suspended, revoked or disqualified in this state or anyother jurisdiction shall be renewable on or before itsexpiration, but not more than twelve (12) months before,upon application, payment of the required fee, andsatisfactory completion of the required eyesight examination.


(2) Every commercial driver' s license issued to a persontwenty-one (21) years of age or older shall expire on thelicensee' s birthday in the fourth year following issuance of thelicense, and any Class A, B or C license issued to a personeighteen (18), nineteen (19) or twenty (20) years of age shallexpire five (5) days after the licensee' s twenty-first birthday.There shall be no option for an eight-year Class A, B or Clicense.

(3) An applicant who is issued a driver' s license in anotherjurisdiction after an Idaho driver' s license has been issued is noteligible for renewal or a duplicate of the Idaho driver' s license.The applicant may apply for a new Idaho driver' s license asprovided in section 49-306, Idaho Code.

(4) No knowledge test shall be required for renewal of adriver' s license, except for renewal of a hazardous materialendorsement. Appropriate knowledge and skill tests shall berequired for an upgrade in a driver' s license class or anendorsement addition. In the case of a name change, the applicantshall provide legal documentation to verify the change inaccordance with department rules.

(5) Except for drivers under twenty-one (21) years of age,when a driver' s license has been expired for fewer than twelve(12) months, the renewal of the driver' s license shall start fromthe original date of expiration regardless of the year in which theapplication for renewal is made. If the driver' s license is expiredfor twelve (12) months or more, the applicant shall be required totake the knowledge, skills for the class of license or endorsementbeing applied for, and vision tests and the application shall expireon the licensee' s birthday in the fourth year following issuance ofthe driver' s license for drivers twenty-one (21) years of age orolder. At the option of the applicant, for drivers twenty-one (21)years of age through sixty-two (62) years of age, the renewedlicense shall expire either on the licensee' s birthday in the fourthyear or the eighth year following issuance.

(6) (a) If a driver' s license has expired or will expire and thelicensee is temporarily out-of-state except on active militaryduty, and the driver' s license has not, as provided by law,been suspended, revoked, canceled, denied, refused ordisqualified, the licensee may request in writing on a formprescribed by the department an extension of the driver' slicense. The request shall be accompanied by the fee fixed insection 49-306, Idaho Code, and the extension shall be lessthan a twelve (12) month period. If the department determinesthat an extension of the driver' s license is necessary, it mayissue a certificate of extension showing the date to which theexpired driver' s license is extended, and this certificate shallbe attached to the expired driver' s license. Certificates ofextension are limited to two (2) per licensee.(b) Upon returning to the state of Idaho, the licensee shallwithin ten (10) days, apply for a renewal of the expireddriver' s license and surrender the certificate of extension andthe expired driver' s license.(c) A hazardous material endorsement cannot be extended.(7) An Idaho driver' s license issued to any person prior to

serving on active duty in the armed forces of the United States, ora member of the immediate family accompanying such a person,if valid and in full force and effect upon entering active duty,shall remain in full force and effect and shall, upon application,be extended for a period of four (4) years so long as active dutycontinues, or shall be renewed upon application in person withoutthe requirement to take a knowledge or skills test if their Idahodriver' s license expired while on active duty, if the driver' slicense is not suspended, denied, disqualified, canceled orrevoked, as provided by law, during the active duty, and the

driver' s license shall remain in full force and effect sixty (60)days following the date the holder is released from active duty.

(8) The department may use a mail renewal process forfour-year class D licenses based on criteria established by rule.

(9) A seasonal driver' s license is only valid for a onehundred eighty (180) day period from the date of issuance. Onlyone (1) seasonal driver' s license may be obtained in any twelve(12) month period, and may only be obtained twice in a driver' slifetime.

(10) A person who applies for renewal of a license mayrequest that the notation "permanently disabled" be imprinted onthe license and the department shall imprint "permanentlydisabled" on the license if:

(a) The person has a permanent disability; and(b) The person presents written certification from a licensedphysician verifying that the person' s stated impairmentqualifies as a permanent disability as provided in section49-117, Idaho Code; and(c) The department determines that the person meets therequirements for issuance of a license as specified in section49-313, Idaho Code.

SECTION 2. An emergency existing therefor, whichemergency is hereby declared to exist, this act shall be in fullforce and effect on and after its passage and approval.".

CORRECTION TO TITLEOn page 1, delete lines 2 through 10 and insert:"RELATING TO DRIVER' S LICENSES; AMENDING

SECTION 49-319, IDAHO CODE, TO PROVIDE FORRENEWAL OF A DRIVER' S LICENSE UPON APPLICATIONIN PERSON WITHOUT THE REQUIREMENT TO TAKE AKNOWLEDGE OR SKILLS TEST IF THE IDAHO DRIVER' SLICENSE HAS EXPIRED WHILE THE PERSON WASSERVING ON ACTIVE DUTY IN THE ARMED FORCES OFTHE UNITED STATES OR IS A MEMBER OF THEIMMEDIATE FAMILY ACCOMPANYING SUCH PERSON;AND DECLARING AN EMERGENCY.".

HOUSE AMENDMENT TO S 1279, as amended

AMENDMENTS TO THE BILLOn page 7 of the engrossed bill, following line 14, insert:"SECTION 2. That Section 39-105, Idaho Code, be, and the

same is hereby amended to read as follows:

39-105. POWERS AND DUTIES OF THE DIRECTOR.The director shall have the following powers and duties:

(1) All of the rights, powers and duties regardingenvironmental protection functions vested in the department ofhealth and welfare, and its director, administered by the divisionof environmental quality, including, but not limited to, thoseprovided by chapters 1, 4, 30, 36, 44, 58, 62, 64, 65, 66, 70,71, 72 and 74, title 39, Idaho Code. The director shall have allsuch powers and duties as described in this section as may havebeen or could have been exercised by his predecessors in law,and shall be the successor in law to all contractual obligationsentered into by predecessors in law. All hearings of the directorshall be governed by the provisions of chapter 52, title 67, IdahoCode.


(2) The director shall, pursuant and subject to the provisionsof the Idaho Code, and the provisions of this act, formulate andrecommend to the board, rules as may be necessary to deal withproblems related to water pollution, air pollution, solid wastedisposal, and licensure and certification requirements pertinentthereto, which shall, upon adoption by the board, have the forceof the law relating to any purpose which may be necessary andfeasible for enforcing the provisions of this act, including, but notlimited to, the prevention, control or abatement of environmentalpollution or degradation including radionuclides and risks topublic health related to any of the powers and duties described inthis section. Any such rule may be of general applicationthroughout the state or may be limited as to times, places,circumstances or conditions in order to make due allowance forvariations therein.

(3) The director, under the rules adopted by the board, shallhave the general supervision of the promotion and protection ofthe environment of this state. The powers and duties of thedirector shall include, but not be limited to, the following:

(a) The issuance of licenses and permits as prescribed bylaw and by the rules of the board promulgated hereunder. Foreach air quality operating permit issued under title V of thefederal clean air act and its implementing regulations, thedirector shall, consistent with the federal clean air act and itsimplementing regulations, expressly include a provisionstating that compliance with the conditions of the permit shallbe deemed compliance with the applicable requirements of thefederal clean air act and the title V implementing regulations.The director may develop and issue general permits coveringnumerous similar sources, as authorized by 40 CFR 70.6(d)as may be amended, and as appropriate.(b) The enforcement of rules relating to public watersupplies and to administer the drinking water loan fundpursuant to chapter 76, title 39, Idaho Code, includingmaking loans to eligible public drinking water systems asdefined in the federal safe drinking water act as amended, andto comply with all requirements of the act, 42 U.S.C. 300f, etseq. and regulations promulgated pursuant to the act. Thisincludes, but is not limited to, the adoption andimplementation of an operator certification program; thedevelopment of and implementation of a capacity developmentstrategy to ensure public drinking water systems have thetechnical, managerial and financial capability to comply withthe national primary drinking water regulations; and theenhancement of protection of source waters for publicdrinking water systems.(c) The establishment of liaison with other governmentaldepartments, agencies and boards in order to effectively assistother governmental entities with the planning for the controlof or abatement of environmental pollution. All of the rulesadopted by the board hereunder shall apply to stateinstitutions.(d) The supervision and administration of a system tosafeguard air quality and for limiting and controlling theemission of air contaminants.(e) The supervision and administration of a system tosafeguard the quality of the waters of this state including, butnot limited to, the enforcement of rules relating to thedischarge of effluent into the waters of this state and thestorage, handling and transportation of solids, liquids, andgases which may cause or contribute to water pollution. Forpurposes of complying with the clean water act, the directormay provide an exemption from additional reductions forthose nonpoint sources that meet the applicable reductions set

forth in an approved TMDL as defined in chapter 36, title 39,Idaho Code.(f) The supervision and administration of administrativeunits whose responsibility shall be to assist and encouragecounties, cities, other governmental units, and industries inthe control of and/or abatement of environmental pollution.(g) The administration of solid waste disposal site and designreview in accordance with the provisions of chapter 74, title39, Idaho Code, and chapter 4, title 39, Idaho Code, and inparticular as follows:

(i) The issuance of a solid waste disposal site certificatein the manner provided in chapter 74, title 39, IdahoCode.(ii) Provide review and approval regarding the design ofsolid waste disposal facilities and ground watermonitoring systems and approval of all applications forflexible standards as provided in 40 CFR 258, inaccordance with the provisions of chapter 74, title 39,Idaho Code.(iii) Cooperating and coordinating with operationalmonitoring of solid waste disposal sites by district healthdepartments pursuant to authority established in chapters 4and 74, title 39, Idaho Code.(iv) The authority granted to the director pursuant toprovisions of this subsection shall be effective uponenactment of chapter 74, title 39, Idaho Code, by thelegislature.(v) The authority to develop and propose rules asnecessary to supplement details of compliance with thesolid waste facilities act and applicable federalregulations, provided that such regulations shall notconflict with the provisions of this act nor shall suchregulations be more strict than the requirementsestablished in federal law or in the solid waste facilitiesact.

(h) The enforcement of all laws, rules, regulations, codesand standards relating to environmental protection and health.(i) The adoption and implementation of a public wastewater

operator certification program to ensure the operators ofpublic wastewater treatment facilities have the technicalexpertise and certification to comply with federal regulationsand state rules dealing with wastewater; and the enhancementand protection of source waters of the state pursuant to rulesof the board.(4) The director, when so designated by the governor, shall

have the power to apply for, receive on behalf of the state, andutilize any federal aid, grants, gifts, gratuities, or moneys madeavailable through the federal government including, but notlimited to, the federal water pollution control act, for use in or bythe state of Idaho in relation to health and environmentalprotection.

(5) The director shall have the power to enter into and makecontracts and agreements with any public agencies or municipalcorporation for facilities, land, and equipment when such use willhave a beneficial or recreational effect or be in the best interest incarrying out the duties imposed upon the department.

The director shall also have the power to enter into contractsfor the expenditure of state matching funds for local purposes.This subsection will constitute the authority for public agencies ormunicipal corporations to enter into such contracts and expendmoney for the purposes delineated in such contracts.

(6) The director is authorized to adopt an official seal to beused on appropriate occasions, in connection with the functions ofthe department or the board, and such seal shall be judicially


noticed. Copies of any books, records, papers and otherdocuments in the department shall be admitted in evidenceequally with the originals thereof when authenticated under suchseal.

SECTION 3. That Section 67-2601, Idaho Code, be, and thesame is hereby amended to read as follows:

67-2601. DEPARTMENT CREATED -- ORGANIZATION-- DIRECTOR -- BUREAU OF OCCUPATIONAL LICENSESCREATED. (1) There is hereby created the department ofself-governing agencies. The department shall, for the purposesof section 20, article IV of the constitution of the state of Idaho,be an executive department of the state government.

(2) The department shall consist of the following:(a) Agricultural commodity commissions: Idaho applecommission, as provided by chapter 36, title 22, Idaho Code;Idaho bean commission, as provided by chapter 29, title 22,Idaho Code; Idaho beef council, as provided by chapter 29,title 25, Idaho Code; Idaho cherry commission, as providedby chapter 37, title 22, Idaho Code; Idaho dairy productscommission, as provided by chapter 31, title 25, Idaho Code;Idaho pea and lentil commission, as provided by chapter 35,title 22, Idaho Code; Idaho potato commission, as providedby chapter 12, title 22, Idaho Code; Idaho prune commission,as provided by chapter 30, title 22, Idaho Code; and the Idahowheat commission, as provided by chapter 33, title 22, IdahoCode.(b) Professional and occupational licensing boards: Idahostate board of certified public accountancy, as provided bychapter 2, title 54, Idaho Code; board of acupuncture, asprovided by chapter 47, title 54, Idaho Code; board ofarchitectural examiners, as provided by chapter 3, title 54,Idaho Code; office of the state athletic director, as providedby chapter 4, title 54, Idaho Code; board of barberexaminers, as provided by chapter 5, title 54, Idaho Code;board of commissioners of the Idaho state bar, as provided bychapter 4, title 3, Idaho Code; board of chiropracticphysicians, as provided by chapter 7, title 54, Idaho Code;Idaho board of cosmetology, as provided by chapter 8, title54, Idaho Code; Idaho counselor licensing board, as providedby chapter 34, title 54, Idaho Code; state board of dentistry,as provided by chapter 9, title 54, Idaho Code; state board ofdenturitry, as provided by chapter 33, title 54, Idaho Code;state board of engineering examiners, as provided by chapter12, title 54, Idaho Code; state board for registration ofprofessional geologists, as provided by chapter 28, title 54,Idaho Code; board of hearing aid dealers and fitters, asprovided by chapter 29, title 54, Idaho Code; Idaho stateboard of landscape architects, as provided by chapter 30, title54, Idaho Code; state board of medicine, as provided bychapter 18, title 54, Idaho Code, and its associated physicaltherapist advisory board, as provided by chapter 22, title 54,Idaho Code; state board of morticians, as provided by chapter11, title 54, Idaho Code; board of nurses, as provided bychapter 14, title 54, Idaho Code; board of examiners ofnursing home administrators, as provided by chapter 16, title54, Idaho Code; state board of optometry, as provided bychapter 15, title 54, Idaho Code; Idaho outfitters and guidesboard, as provided by chapter 21, title 36, Idaho Code; boardof pharmacy, as provided by chapter 17, title 54, Idaho Code;state board of podiatry, as provided by chapter 6, title 54,Idaho Code; Idaho state board of psychologist examiners, asprovided by chapter 23, title 54, Idaho Code; Idaho real

estate commission, as provided by chapter 20, title 54, IdahoCode; real estate appraiser board, as provided by chapter 41,title 54, Idaho Code; board of social work examiners, asprovided by chapter 32, title 54, Idaho Code; the board ofveterinary medicine, as provided by chapter 21, title 54,Idaho Code; and the board of examiners of residential carefacility administrators, as provided by chapter 42, title 54,Idaho Code; and the board of drinking water and wastewaterprofessionals, as provided by chapter 24, title 54, IdahoCode.(c) The board of examiners, pursuant to section 67-2001,Idaho Code.(d) The division of building safety, to be headed by adivision administrator and comprised of five (5) bureaus:plumbing, electrical, buildings, public works contractorlicensing, and logging and industrial safety. The divisionadministrator and bureau chiefs shall be nonclassifiedemployees exempt from the provisions of chapter 53, title 67,Idaho Code. The administrator of the division shall administerthe provisions of chapter 40, title 39, Idaho Code, relating tomanufactured homes and recreational vehicles; chapter 41,title 39, Idaho Code, relating to modular buildings; chapter21, title 44, Idaho Code, relating to manufactured homedealer and broker licensing; chapter 10, title 54, Idaho Code,relating to electrical contractors and journeymen; chapter 19,title 54, Idaho Code, relating to licensing of public workscontractors; chapter 26, title 54, Idaho Code, relating toplumbing and plumbers; and shall perform such additionalduties as are imposed upon him by law. The divisionadministrator shall cooperate with the industrial commissionand aid and assist the commission in its administration ofsections 72-720, 72-721 and 72-723, Idaho Code, and at therequest of the commission shall make inspection ofappliances, tools, equipment, machinery, practices orconditions, and make a written report to the commission. Theadministrator shall make recommendations to the commissionto aid the commission in its administration of sections 72-720,72-721 and 72-723, Idaho Code, provided however, thatnothing herein shall be construed as transferring to theadministrator any of the authority or powers now vested inthe industrial commission.(e) The division of veterans services to be headed by adivision administrator who shall be a nonclassified employeeexempt from the provisions of chapter 53, title 67, IdahoCode. The administrator of the division shall administer theprovisions of chapter 2, title 65, Idaho Code, and chapter 9,title 66, Idaho Code, with the advice of the veterans affairscommission established under chapter 2, title 65, Idaho Code,and shall perform such additional duties as are imposed uponhim by law.(3) The bureau of occupational licenses is hereby created

within the department of self-governing agencies.";and also on page 7, in line 15, delete "SECTION 2" and insert:"SECTION 4".

CORRECTIONS TO TITLEOn page 1, in line 24, following "GENERAL;" insert:

"AMENDING SECTION 39-105, IDAHO CODE, TO REVISETHE POWERS AND DUTIES OF THE DIRECTOR OF THEDEPARTMENT OF ENVIRONMENTAL QUALITY;AMENDING SECTION 67-2601, IDAHO CODE, TOINCLUDE THE BOARD OF DRINKING WATER ANDWASTEWATER PROFESSIONALS IN THE DEPARTMENTOF SELF-GOVERNING AGENCIES;".



AMENDMENTS TO SECTION 1On page 1 of the printed bill, in line 15, delete "shall" and

insert: "may"; in line 17, delete "which amount shall not be"; inline 18, delete "reduced or suspended by the court,"; in line 23,delete "which amount shall not"; in line 24, delete "be reduced orsuspended by the court,"; and delete lines 28 and 29 and insert:"created in section 23-404, Idaho Code. Upon conviction".

CORRECTIONS TO TITLEOn page 1, in line 6, delete "WITH A PRIORITY" and

insert: "."; and delete line 7.


AMENDMENTS TO SECTION 2On page 3 of the printed bill, in line 11, delete "based on"

and insert: "applied against"; in line 21, delete ";" and insert:"."; delete lines 22 and 23, and insert: "The surcharge offsetpercentage shall be established by dividing the amount of moneyto be distributed pursu-"; in line 24, following "subsection"insert: "by the amount of individual income tax projected to becollected during the year" ; in line 51, delete "based on" andinsert: "applied against"; in line 52, delete ", divided by the";delete lines 53 and 54, and insert: ". The surcharge offsetpercentage shall be established by dividing the amount of thesurcharge offset against" ; in line 55, following "paragraph"insert: "by the amount of corporate income tax and franchise taxprojected to be collected during the year".

On page 4, delete lines 14 through 29.

CORRECTION TO TITLEOn page 1, delete lines 10 and 11, and insert: "ACCORDING

TO CRITERIA SPECIFIED.".


AMENDMENT TO SECTION 1On page 2 of the printed bill, following line 49, insert:"(f) All moneys collected by the state tax commissionpursuant to this subsection, which amounts are continuouslyappropriated for this purpose, shall be deposited with the statetreasurer and placed in the state refund account, as providedby section 63-3067, Idaho Code, to be remitted to the countywithin which the property was located that was not a qualifiedinvestment or ceased to qualify during the recapture period.The county shall distribute this remittance to all appropriatetaxing districts based on the proportion each appropriatetaxing district' s levy is to the total of all the levies of thetaxing districts for the tax code area where the property waslocated for each year the exemption was granted. If anytaxing district is dissolved or disincorporated, theproportionate share of the remittance to be distributed to thattaxing district shall be deposited in the county current expensefund.(g) For purposes of the limitation provided by section63-802, Idaho Code, moneys received pursuant to thissubsection shall be treated as property tax revenue by taxingdistricts. ".

AMENDMENT TO SECTION 3On page 6, in line 26, delete "2004" and insert: "2003".

CORRECTION TO TITLEOn page 1, in line 8, delete "OFFICIALS AND" and insert:

"OFFICIALS,"; in line 10, following "ELECTION" insert: ",TO PROVIDE THAT ALL MONEYS COLLECTED BY THESTATE TAX COMMISSION FOR AN ERRONEOUSLYTAKEN INVESTMENT TAX CREDIT SHALL BEREMITTED TO THE COUNTY WHERE THE PROPERTYWAS LOCATED THAT WAS NOT A QUALIFIEDINVESTMENT OR CEASED TO QUALIFY DURING THERECAPTURE PERIOD, TO PROVIDE FOR DISTRIBUTIONOF MONEYS TO TAXING DISTRICTS WITHIN THECOUNTY AND TO PROVIDE APPLICATION OF THESEMONEYS TO THE THREE PERCENT PROPERTY TAXCAP".


MOYLE, Chairman

Mr. Moyle moved that the report be adopted. Seconded byMs. Jaquet.

Whereupon the Speaker Pro Tem declared the report adopted.

H 666, as amended, H 728, as amended, H 752, as amended,H 751, as amended, H 754, as amended, andH 799, as amended, were referred to the Judiciary, Rules, andAdministration Committee for engrossing.

S 1279, as amended, as amended in the House, was filed forfirst reading.









Bedke, Bell, Black, Block, Boe, Bolz, Bradford, Campbell,Cannon, Clark, Collins, Crow, Cuddy, Deal, Denney, Douglas,Eberle, Edmunson, Eskridge, Field(18), Field(23), Gagner,Garrett, Harwood, Henbest, Jaquet, Jones, Kellogg, Kulczyk,Lake, Langford, Langhorst, Martinez, McGeachin, McKague,Meyer, Miller, Mitchell, Moyle, Naccarato, Nielsen,Pasley-Stuart, Raybould, Ridinger, Ring, Ringo, Roberts,


Robison, Rydalch, Sali, Sayler, Schaefer, Shepherd, Shirley,Smith(30), Smith(24), Smylie, Snodgrass, Stevenson, Trail,Wills, Wood. Total -- 67.

NAYS -- None.Absent and excused -- Ellsworth, Skippen, Mr. Speaker.




At this time, the Speaker Pro Tem recognized Mr. Eskridgeto open debate.



Bedke, Bell, Black, Block, Boe, Bolz, Bradford, Campbell,Cannon, Clark, Collins, Crow, Cuddy, Deal, Denney, Douglas,Eberle, Edmunson, Eskridge, Field(18), Field(23), Gagner,Garrett, Harwood, Henbest, Jaquet, Jones, Kellogg, Kulczyk,Lake, Langford, Langhorst, Martinez, McGeachin, McKague,Meyer, Miller, Mitchell, Moyle, Naccarato, Nielsen,Pasley-Stuart, Raybould, Ridinger, Ring, Ringo, Roberts,Robison, Rydalch, Sali, Sayler, Shepherd, Shirley, Smith(30),Smith(24), Smylie, Snodgrass, Stevenson, Trail, Wills, Wood.Total -- 66.

NAYS -- None.Absent and excused -- Ellsworth, Schaefer, Skippen,


Whereupon the Speaker Pro Tem declared HJM 21 adoptedand ordered the memorial transmitted to the Senate.

Mr. Moyle asked unanimous consent that S 1266, S 1267,and S 1268 be placed at the top of the Third Reading Calendar.There being no objection, it was so ordered.





Bedke, Bell, Black, Block, Boe, Bolz, Bradford, Campbell,Cannon, Clark, Collins, Crow, Cuddy, Deal, Denney, Douglas,Eberle, Edmunson, Eskridge, Field(18), Field(23), Gagner,Garrett, Harwood, Henbest, Jaquet, Jones, Kellogg, Kulczyk,Lake, Langford, Langhorst, Martinez, McGeachin, McKague,Meyer, Miller, Mitchell, Moyle, Naccarato, Nielsen,Pasley-Stuart, Raybould, Ridinger, Ring, Ringo, Roberts,

Robison, Rydalch, Sali, Sayler, Shepherd, Shirley, Smith(30),Smith(24), Smylie, Snodgrass, Stevenson, Trail, Wills, Wood.Total -- 66.

NAYS -- None.Absent and excused -- Ellsworth, Schaefer, Skippen,







Bedke, Bell, Black, Block, Boe, Bolz, Bradford, Campbell,Cannon, Clark, Collins, Cuddy, Denney, Douglas, Eberle,Edmunson, Eskridge, Field(18), Field(23), Gagner, Garrett,Harwood, Henbest, Jaquet, Kellogg, Kulczyk, Lake, Langford,Langhorst, Martinez, McGeachin, McKague, Meyer, Miller,Mitchell, Moyle, Naccarato, Nielsen, Pasley-Stuart, Raybould,Ridinger, Ring, Ringo, Roberts, Robison, Rydalch, Sali, Sayler,Schaefer, Shepherd, Shirley, Smith(30), Smith(24), Smylie,Snodgrass, Stevenson, Trail, Wills, Wood. Total -- 64.

NAYS -- None.Absent and excused -- Crow, Deal, Ellsworth, Jones,







Bedke, Bell, Black, Block, Boe, Bolz, Bradford, Campbell,Cannon, Clark, Collins, Cuddy, Denney, Douglas, Eberle,Edmunson, Eskridge, Field(18), Field(23), Gagner, Garrett,Harwood, Henbest, Jaquet, Kellogg, Kulczyk, Lake, Langford,Langhorst, Martinez, McGeachin, McKague, Meyer, Miller,Mitchell, Moyle, Naccarato, Nielsen, Pasley-Stuart, Raybould,Ridinger, Ring, Ringo, Roberts, Robison, Rydalch, Sali, Sayler,Schaefer, Shepherd, Shirley, Smith(30), Smith(24), Smylie,Snodgrass, Stevenson, Trail, Wills, Wood. Total -- 64.

NAYS -- None.Absent and excused -- Crow, Deal, Ellsworth, Jones,





At this time, the Speaker Pro Tem recognized Mr. Eskridgeand Mr. Campbell to open debate.



Bedke, Bell, Black, Block, Boe, Bolz, Bradford, Campbell,Cannon, Clark, Collins, Crow, Cuddy, Deal, Denney, Douglas,Eberle, Edmunson, Eskridge, Field(18), Field(23), Gagner,Garrett, Harwood, Henbest, Jaquet, Jones, Kellogg, Kulczyk,Lake, Langford, Langhorst, Martinez, McGeachin, McKague,Meyer, Miller, Mitchell, Moyle, Naccarato, Nielsen,Pasley-Stuart, Raybould, Ridinger, Ring, Ringo, Roberts,Robison, Rydalch, Sali, Sayler, Schaefer, Shepherd, Shirley,Smith(30), Smith(24), Smylie, Snodgrass, Stevenson, Trail,Wills. Total -- 66.

NAYS -- None.Absent and excused -- Ellsworth, Skippen, Wood,






Roll call resulted as follows:AYES -- Barraclough, Bell, Black, Block, Boe, Bolz,

Bradford, Campbell, Cannon, Clark, Collins, Crow, Deal,Denney, Edmunson, Eskridge, Field(18), Field(23), Gagner,Garrett, Henbest, Jaquet, Jones, Kellogg, Lake, Langhorst,McGeachin, Meyer, Miller, Mitchell, Naccarato, Nielsen,Pasley-Stuart, Ridinger, Ringo, Robison, Rydalch, Sayler,Schaefer, Smith(30), Smith(24), Smylie, Snodgrass, Stevenson,Trail, Wills, Mr. Speaker. Total -- 47.

NAYS -- Andersen, Barrett, Bauer, Bedke, Cuddy, Douglas,Eberle, Harwood, Kulczyk, Langford, Martinez, McKague,Moyle, Raybould, Ring, Roberts, Sali, Shepherd, Shirley, Wood.Total -- 20.

Absent and excused -- Bayer, Ellsworth, Skippen. Total -- 3.Total -- 70.



At this time, the Speaker Pro Tem recognized Mrs. Ringo toopen debate.



Bell, Black, Block, Boe, Bolz, Campbell, Cannon, Clark,Collins, Crow, Cuddy, Deal, Denney, Douglas, Eberle,Edmunson, Eskridge, Field(18), Field(23), Gagner, Garrett,Harwood, Henbest, Jaquet, Jones, Kellogg, Lake, Langhorst,Martinez, McGeachin, McKague, Meyer, Miller, Mitchell,Moyle, Naccarato, Nielsen, Pasley-Stuart, Raybould, Ridinger,Ring, Ringo, Roberts, Robison, Rydalch, Sali, Sayler, Schaefer,Shepherd, Shirley, Smith(30), Smith(24), Smylie, Snodgrass,Stevenson, Trail, Wills, Wood, Mr. Speaker. Total -- 64.

NAYS -- Bauer, Kulczyk, Langford. Total -- 3.Absent and excused -- Bradford, Ellsworth, Skippen.





At this time, the Speaker Pro Tem recognized Mr. Ring toopen debate.



Bedke, Bell, Black, Block, Boe, Bolz, Campbell, Cannon, Clark,Collins, Crow, Cuddy, Deal, Denney, Douglas, Eberle,Edmunson, Eskridge, Field(18), Field(23), Garrett, Harwood,Henbest, Jaquet, Jones, Kellogg, Kulczyk, Lake, Langford,Langhorst, Martinez, McGeachin, McKague, Meyer, Miller,Mitchell, Moyle, Naccarato, Nielsen, Pasley-Stuart, Raybould,Ridinger, Ring, Ringo, Roberts, Robison, Rydalch, Sali, Sayler,Schaefer, Shepherd, Shirley, Smith(30), Smith(24), Smylie,Snodgrass, Trail, Wills, Wood, Mr. Speaker. Total -- 65.

NAYS -- None.Absent and excused -- Bradford, Ellsworth, Gagner, Skippen,




At this time, the Speaker Pro Tem recognized Mr. Jones toopen debate.




Bell, Black, Block, Bolz, Bradford, Cannon, Collins, Cuddy,Deal, Denney, Edmunson, Ellsworth, Field(18), Field(23),Garrett, Harwood, Jones, Kellogg, Kulczyk, Lake, Langford,Martinez, McGeachin, McKague, Meyer, Miller, Mitchell,Moyle, Naccarato, Nielsen, Raybould, Ridinger, Ring, Roberts,Rydalch, Sali, Schaefer, Shirley, Smith(30), Smith(24), Smylie,Snodgrass, Stevenson, Wills, Wood, Mr. Speaker. Total -- 51.

NAYS -- Bauer, Boe, Campbell, Clark, Douglas, Eberle,Eskridge, Henbest, Jaquet, Langhorst, Pasley-Stuart, Ringo,Robison, Sayler, Shepherd, Trail. Total -- 16.

Absent and excused -- Crow, Gagner, Skippen. Total -- 3.Total -- 70.






Black, Block, Boe, Bolz, Bradford, Campbell, Cannon, Clark,Collins, Crow, Cuddy, Deal, Denney, Douglas, Eberle,Edmunson, Ellsworth, Eskridge, Field(18), Field(23), Gagner,Garrett, Henbest, Jaquet, Jones, Kellogg, Lake, Langford,Langhorst, Martinez, McGeachin, Meyer, Miller, Mitchell,Naccarato, Nielsen, Pasley-Stuart, Raybould, Ridinger, Ring,Ringo, Robison, Rydalch, Sayler, Schaefer, Shepherd, Shirley,Smith(30), Smith(24), Smylie, Snodgrass, Stevenson, Trail,Wills, Wood, Mr. Speaker. Total -- 62.

NAYS -- Barrett, Harwood, Kulczyk, McKague, Moyle,Roberts, Sali. Total -- 7.

Absent and excused -- Skippen. Total -- 1.Total -- 70.






Bedke, Bell, Black, Block, Boe, Bolz, Bradford, Campbell,Cannon, Clark, Collins, Crow, Cuddy, Deal, Denney, Douglas,Eberle, Edmunson, Ellsworth, Eskridge, Field(18), Field(23),Gagner, Garrett, Harwood, Henbest, Jaquet, Jones, Kellogg,Kulczyk, Lake, Langford, Langhorst, Martinez, McGeachin,

McKague, Meyer, Miller, Mitchell, Moyle, Naccarato, Nielsen,Pasley-Stuart, Raybould, Ridinger, Ring, Ringo, Roberts,Robison, Rydalch, Sali, Sayler, Shepherd, Shirley, Smith(30),Smith(24), Smylie, Snodgrass, Stevenson, Trail, Wills, Wood,Mr. Speaker. Total -- 68.

NAYS -- None.Absent and excused -- Schaefer, Skippen. Total -- 2.Total -- 70.



At this time, the Speaker Pro Tem recognized Mr. Sali toopen debate.

At this time, the Speaker took the chair.



Bedke, Bell, Black, Block, Boe, Bolz, Bradford, Cannon, Clark,Collins, Crow, Cuddy, Deal, Denney, Douglas, Eberle,Edmunson, Ellsworth, Eskridge, Field(18), Field(23), Gagner,Garrett, Harwood, Henbest, Jaquet, Jones, Kellogg, Kulczyk,Lake, Langford, Langhorst, Martinez, McGeachin, McKague,Meyer, Miller, Mitchell, Moyle, Naccarato, Nielsen,Pasley-Stuart, Raybould, Ridinger, Ring, Ringo, Roberts,Robison, Rydalch, Sali, Sayler, Shepherd, Shirley, Smith(30),Smith(24), Smylie, Snodgrass, Stevenson, Trail, Wills, Wood,Mr. Speaker. Total -- 67.

NAYS -- None.Absent and excused -- Campbell, Schaefer, Skippen.







Bedke, Bell, Black, Block, Boe, Bolz, Bradford, Campbell,Cannon, Clark, Collins, Crow, Cuddy, Deal, Denney, Douglas,Eberle, Edmunson, Ellsworth, Eskridge, Field(18), Field(23),Gagner, Garrett, Harwood, Henbest, Jaquet, Jones, Kellogg,Kulczyk, Lake, Langhorst, Martinez, McGeachin, McKague,Meyer, Miller, Mitchell, Moyle, Naccarato, Nielsen,Pasley-Stuart, Raybould, Ridinger, Ring, Ringo, Roberts,


Robison, Rydalch, Sali, Sayler, Schaefer, Shepherd, Shirley,Smith(30), Smith(24), Smylie, Stevenson, Trail, Wills, Wood,Mr. Speaker. Total -- 67.

NAYS -- None.Absent and excused -- Langford, Skippen, Snodgrass.







Bedke, Bell, Black, Block, Boe, Bolz, Bradford, Campbell,Cannon, Clark, Collins, Crow, Cuddy, Deal, Denney, Douglas,Eberle, Edmunson, Ellsworth, Eskridge, Field(18), Field(23),Gagner, Garrett, Harwood, Henbest, Jaquet, Jones, Kellogg,Kulczyk, Lake, Langhorst, Martinez, McGeachin, McKague,Meyer, Miller, Mitchell, Moyle, Naccarato, Nielsen,Pasley-Stuart, Raybould, Ridinger, Ring, Ringo, Roberts,Robison, Rydalch, Sali, Sayler, Schaefer, Shepherd, Shirley,Smith(30), Smith(24), Smylie, Stevenson, Trail, Wills, Wood,Mr. Speaker. Total -- 67.

NAYS -- None.Absent and excused -- Langford, Skippen, Snodgrass.







Roll call resulted as follows:AYES -- Andersen, Black, Boe, Campbell, Cuddy, Deal,

Denney, Douglas, Edmunson, Ellsworth, Field(18), Henbest,Jaquet, Jones, Kellogg, Langhorst, Martinez, Meyer, Miller,Mitchell, Moyle, Naccarato, Pasley-Stuart, Ridinger, Ringo,Robison, Sayler, Shepherd, Shirley, Smith(30), Smith(24),Snodgrass, Trail, Mr. Speaker. Total -- 34.

NAYS -- Barraclough, Barrett, Bauer, Bayer, Bedke, Bell,Block, Bolz, Bradford, Cannon, Clark, Collins, Crow, Eberle,Eskridge, Field(23), Gagner, Garrett, Harwood, Kulczyk, Lake,

Langford, McGeachin, McKague, Nielsen, Raybould, Ring,Roberts, Rydalch, Sali, Schaefer, Smylie, Stevenson, Wills,Wood. Total -- 35.

Absent and excused -- Skippen. Total -- 1.Total -- 70.

Whereupon the Speaker declared HCR 52 failed to beadopted and ordered the resolution filed in the Office of the ChiefClerk.



RECESS

Afternoon Session





H 500, as amended in the Senate, was read the third time atlength, section by section, and placed before the House for finalconsideration.


The question being, "Shall H 500, as amended in the Senate,pass?"


Bedke, Bell, Black, Block, Boe, Bolz, Bradford, Campbell,Cannon, Clark, Collins, Crow, Cuddy, Deal, Denney, Douglas,Eberle, Edmunson, Ellsworth, Eskridge, Field(18), Field(23),Gagner, Garrett, Henbest, Jaquet, Jones, Kellogg, Kulczyk,Lake, Langford, Langhorst, Martinez, McGeachin, McKague,Meyer, Miller, Mitchell, Moyle, Naccarato, Nielsen,Pasley-Stuart, Raybould, Ridinger, Ring, Ringo, Roberts,Robison, Rydalch, Sali, Sayler, Schaefer, Shirley, Skippen,Smith(30), Smith(24), Smylie, Snodgrass, Stevenson, Trail,Wills, Wood, Mr. Speaker. Total -- 68.

NAYS -- None.Absent and excused -- Harwood, Shepherd. Total -- 2.Total -- 70.

Whereupon the Speaker declared H 500, as amended in theSenate, passed the House. Title was approved and the bill wasreferred to Judiciary, Rules, and Administration Committee forenrolling.






Bedke, Bell, Black, Block, Boe, Bolz, Bradford, Campbell,Cannon, Clark, Collins, Crow, Cuddy, Deal, Denney, Douglas,Eberle, Edmunson, Ellsworth, Eskridge, Field(18), Field(23),Gagner, Garrett, Henbest, Jaquet, Jones, Kellogg, Kulczyk,Lake, Langford, Langhorst, Martinez, McGeachin, McKague,Meyer, Miller, Mitchell, Moyle, Naccarato, Nielsen,Pasley-Stuart, Raybould, Ridinger, Ring, Ringo, Roberts,Robison, Rydalch, Sali, Sayler, Schaefer, Shirley, Skippen,Smith(30), Smith(24), Smylie, Snodgrass, Stevenson, Trail,Wills, Wood, Mr. Speaker. Total -- 68.







Bedke, Bell, Black, Block, Boe, Bolz, Bradford, Campbell,Cannon, Clark, Collins, Crow, Cuddy, Deal, Denney, Douglas,Eberle, Edmunson, Ellsworth, Eskridge, Field(18), Field(23),Gagner, Garrett, Henbest, Jones, Kellogg, Kulczyk, Lake,Langford, Langhorst, Martinez, McGeachin, McKague, Meyer,Miller, Mitchell, Moyle, Naccarato, Nielsen, Pasley-Stuart,Raybould, Ridinger, Ring, Ringo, Roberts, Robison, Rydalch,Sali, Sayler, Schaefer, Shirley, Skippen, Smith(30), Smith(24),Smylie, Snodgrass, Stevenson, Trail, Wills, Wood, Mr. Speaker.Total -- 67.

NAYS -- Jaquet. Total -- 1.Absent and excused -- Harwood, Shepherd. Total -- 2.Total -- 70.






Bedke, Bell, Black, Block, Boe, Bolz, Bradford, Campbell,Cannon, Clark, Collins, Cuddy, Deal, Denney, Douglas, Eberle,

Edmunson, Ellsworth, Eskridge, Field(18), Field(23), Gagner,Garrett, Henbest, Jaquet, Jones, Kellogg, Kulczyk, Lake,Langford, Langhorst, Martinez, McGeachin, McKague, Meyer,Miller, Mitchell, Moyle, Naccarato, Nielsen, Pasley-Stuart,Raybould, Ridinger, Ring, Ringo, Roberts, Robison, Rydalch,Sali, Sayler, Schaefer, Shirley, Skippen, Smith(30), Smith(24),Smylie, Snodgrass, Stevenson, Trail, Wills, Wood, Mr. Speaker.Total -- 67.

NAYS -- None.Absent and excused -- Crow, Harwood, Shepherd.







Block, Boe, Bolz, Bradford, Campbell, Cannon, Clark, Collins,Cuddy, Deal, Denney, Douglas, Eberle, Edmunson, Ellsworth,Eskridge, Field(18), Field(23), Gagner, Garrett, Henbest, Jaquet,Jones, Kellogg, Lake, Langford, Langhorst, Martinez,McGeachin, McKague, Meyer, Miller, Mitchell, Naccarato,Nielsen, Pasley-Stuart, Raybould, Ridinger, Ring, Ringo,Roberts, Robison, Rydalch, Sayler, Schaefer, Shirley, Skippen,Smith(30), Smith(24), Smylie, Snodgrass, Stevenson, Trail,Wills, Wood, Mr. Speaker. Total -- 62.

NAYS -- Barrett, Bauer, Kulczyk, Moyle, Sali. Total -- 5.Absent and excused -- Crow, Harwood, Shepherd.






Roll call resulted as follows:AYES -- Barrett, Bayer, Boe, Bolz, Campbell, Clark, Crow,

Cuddy, Deal, Denney, Douglas, Eberle, Edmunson, Eskridge,Gagner, Garrett, Henbest, Jaquet, Jones, Kellogg, Langhorst,Martinez, McKague, Meyer, Miller, Mitchell, Naccarato,Pasley-Stuart, Ridinger, Ring, Ringo, Robison, Sayler, Schaefer,Skippen, Smith(30), Smith(24), Smylie, Snodgrass, Trail, Wills,Mr. Speaker. Total -- 42.


NAYS -- Andersen, Barraclough, Bauer, Bedke, Bell, Black,Block, Bradford, Cannon, Collins, Ellsworth, Field(18),Field(23), Kulczyk, Lake, Langford, McGeachin, Moyle,Nielsen, Raybould, Roberts, Rydalch, Sali, Shirley, Stevenson,Wood. Total -- 26.

Absent and excused -- Harwood, Shepherd. Total -- 2.Total -- 70.










Bedke, Bell, Black, Block, Bolz, Bradford, Campbell, Cannon,Clark, Collins, Crow, Cuddy, Deal, Denney, Eberle, Edmunson,Ellsworth, Eskridge, Field(18), Field(23), Gagner, Garrett,Henbest, Jaquet, Jones, Kellogg, Kulczyk, Lake, Langford,McGeachin, McKague, Meyer, Miller, Moyle, Nielsen,Raybould, Ridinger, Ring, Roberts, Robison, Rydalch, Sali,Schaefer, Shirley, Skippen, Smith(24), Smylie, Snodgrass,Stevenson, Wills, Wood, Mr. Speaker. Total -- 57.

NAYS -- Boe, Douglas, Langhorst, Martinez, Mitchell,Pasley-Stuart, Ringo, Sayler, Smith(30), Trail. Total -- 10.

Absent and excused -- Harwood, Naccarato, Shepherd.Total -- 3.

Total -- 70.



At this time, the Speaker recognized Mr. Barraclough to opendebate.




Gagner, Garrett, Henbest, Jaquet, Jones, Kellogg, Kulczyk,Lake, Langford, Langhorst, Martinez, McGeachin, McKague,Meyer, Miller, Mitchell, Moyle, Naccarato, Nielsen,Pasley-Stuart, Raybould, Ridinger, Ring, Ringo, Roberts,Robison, Rydalch, Sali, Sayler, Schaefer, Shirley, Skippen,Smith(30), Smith(24), Smylie, Snodgrass, Stevenson, Trail,Wills, Wood, Mr. Speaker. Total -- 68.







Bedke, Bell, Black, Block, Boe, Bolz, Bradford, Campbell,Cannon, Clark, Collins, Crow, Cuddy, Deal, Denney, Douglas,Eberle, Edmunson, Ellsworth, Eskridge, Field(18), Field(23),Gagner, Garrett, Henbest, Jaquet, Kellogg, Kulczyk, Lake,Langford, Langhorst, Martinez, McGeachin, McKague, Meyer,Miller, Mitchell, Moyle, Naccarato, Nielsen, Pasley-Stuart,Raybould, Ridinger, Ring, Ringo, Roberts, Robison, Rydalch,Sali, Sayler, Schaefer, Shirley, Skippen, Smith(30), Smith(24),Smylie, Snodgrass, Stevenson, Trail, Wills, Wood, Mr. Speaker.Total -- 67.

NAYS -- None.Absent and excused -- Harwood, Jones, Shepherd.







Black, Block, Boe, Bolz, Bradford, Campbell, Cannon, Collins,Crow, Cuddy, Deal, Denney, Douglas, Eberle, Edmunson,Ellsworth, Eskridge, Field(18), Field(23), Gagner, Garrett,Henbest, Jaquet, Kellogg, Kulczyk, Lake, Langford, Langhorst,Martinez, McGeachin, McKague, Meyer, Miller, Mitchell,Moyle, Naccarato, Nielsen, Pasley-Stuart, Raybould, Ridinger,


Ring, Ringo, Roberts, Robison, Rydalch, Sali, Sayler, Schaefer,Shirley, Skippen, Smith(30), Smith(24), Smylie, Snodgrass,Stevenson, Trail, Wills, Wood, Mr. Speaker. Total -- 65.

NAYS -- Barrett, Clark. Total -- 2.Absent and excused -- Harwood, Jones, Shepherd.







Black, Block, Boe, Bolz, Bradford, Campbell, Cannon, Collins,Crow, Cuddy, Deal, Denney, Douglas, Eberle, Edmunson,Ellsworth, Eskridge, Field(18), Field(23), Gagner, Garrett,Harwood, Henbest, Jaquet, Kellogg, Kulczyk, Lake, Langford,Langhorst, Martinez, McGeachin, McKague, Meyer, Miller,Mitchell, Moyle, Naccarato, Nielsen, Pasley-Stuart, Raybould,Ridinger, Ring, Ringo, Roberts, Robison, Rydalch, Sali, Sayler,Schaefer, Shirley, Skippen, Smith(30), Smith(24), Smylie,Snodgrass, Stevenson, Trail, Wills, Mr. Speaker. Total -- 65.

NAYS -- Barrett, Clark, Wood. Total -- 3.Absent and excused -- Jones, Shepherd. Total -- 2.Total -- 70.






Bedke, Bell, Black, Block, Boe, Bolz, Bradford, Campbell,Cannon, Clark, Collins, Crow, Cuddy, Deal, Denney, Douglas,Eberle, Edmunson, Ellsworth, Eskridge, Field(18), Field(23),Gagner, Garrett, Harwood, Henbest, Jaquet, Jones, Kellogg,Kulczyk, Lake, Langford, Langhorst, Martinez, McGeachin,McKague, Meyer, Miller, Mitchell, Moyle, Naccarato, Nielsen,Pasley-Stuart, Raybould, Ridinger, Ring, Ringo, Roberts,Robison, Rydalch, Sali, Sayler, Schaefer, Shirley, Skippen,Smith(30), Smith(24), Smylie, Snodgrass, Stevenson, Trail,Wills, Wood, Mr. Speaker. Total -- 69.

NAYS -- None.Absent and excused -- Shepherd. Total -- 1.Total -- 70.



At this time, the Speaker recognized Mrs. Pasley-Stuart andMr. Ring to open debate.



Bedke, Bell, Black, Block, Boe, Bolz, Bradford, Campbell,Cannon, Clark, Collins, Crow, Cuddy, Deal, Denney, Douglas,Eberle, Edmunson, Ellsworth, Eskridge, Field(18), Field(23),Gagner, Garrett, Harwood, Henbest, Jaquet, Jones, Kellogg,Kulczyk, Lake, Langford, Langhorst, Martinez, McGeachin,Meyer, Miller, Mitchell, Moyle, Naccarato, Nielsen,Pasley-Stuart, Raybould, Ridinger, Ring, Ringo, Roberts,Robison, Rydalch, Sali, Sayler, Schaefer, Shepherd, Shirley,Skippen, Smith(30), Smylie, Snodgrass, Stevenson, Trail, Wills,Wood, Mr. Speaker. Total -- 68.

NAYS -- McKague, Smith(24). Total -- 2.Total -- 70.




Adjournment

Mr. Moyle moved that the House adjourn until 9:30 a.m.,Tuesday, March 9, 2004. Seconded by Ms. Jaquet. Motioncarried.




FIFTY-EIGHTH LEGISLATIVE DAYTUESDAY, MARCH 9, 2004







Approval of Journal


We, your COMMITTEE ON JUDICIARY, RULES, ANDADMINISTRATION, report that we have read and approved theHouse Journal of the Fifty-seventh Legislative Day andrecommend that same be adopted as corrected.

FIELD(18), Chairman




March 5, 2004




H 720


Governor


I transmit herewith enrolled S 1278, SCR 122, and SJM 108for the signature of the Speaker.

WOOD, Secretary

The Speaker announced he was about to sign enrolled S 1278,SCR 122, and SJM 108 and, when so signed, ordered themreturned to the Senate.


I transmit herewith S 1415, S 1275, S 1423, S 1424, S 1425,S 1426, S 1427, S 1428, S 1262, as amended, and S 1280, asamended, which have passed the Senate.

WOOD, Secretary

S 1415, S 1275, S 1423, S 1424, S 1425, S 1426, S 1427,S 1428, S 1262, as amended, and S 1280, as amended, were filedfor first reading.


I return herewith HCR 51 and HCR 47 which have passedthe Senate.

WOOD, Secretary

HCR 51 and HCR 47 were referred to the Judiciary, Rules,and Administration Committee for enrolling.



We, your COMMITTEE ON JUDICIARY, RULES, ANDADMINISTRATION report that we have printed H 822, H 823,and H 824 and House Amendments to H 666, H 728, H 752,S 1279, as amended, H 751, H 754, and H 799.

FIELD(18), Chairman



We, your COMMITTEE ON JUDICIARY, RULES, ANDADMINISTRATION, report that we have enrolled H 500, asamended in the Senate.

FIELD(18), Chairman

The Speaker announced he was about to sign enrolled H 500,as amended in the Senate, and, when so signed, ordered ittransmitted to the Senate for the signature of the President.


We, your COMMITTEE ON JUDICIARY, RULES, ANDADMINISTRATION, report that we have engrossed H 666, asamended, H 728, as amended, H 752, as amended, H 751, asamended, H 754, as amended, and H 799, as amended.

FIELD(18), Chairman

H 666, as amended, H 728, as amended, H 752, as amended,H 751, as amended, H 754, as amended, and H 799, asamended, were filed for first reading of engrossed bills.


We, your COMMITTEE ON JUDICIARY, RULES, ANDADMINISTRATION, report that we have transmitted enrolledH 715, H 718, H 721, H 722, H 723, H 732, H 733, H 734,H 735, H 736, H 737, H 477, H 478, H 479, and H 481 to theGovernor at 10:35 a.m., as of this date, March 8, 2004.

FIELD(18), Chairman

March 5, 2004


report that we have had under consideration H 760 and H 761and report them back with amendments attached to be placed onGeneral Orders for consideration.

CROW, Chairman



We, your COMMITTEE ON AGRICULTURAL AFFAIRS,report that we have had under consideration H 816 andrecommend that it do pass.

JONES, Chairman




We, your COMMITTEE ON LOCAL GOVERNMENT,report that we have had under consideration S 1298 andrecommend that it do pass.

BARRETT, Chairman



We, your COMMITTEE ON STATE AFFAIRS, report thatwe have had under consideration H 797, SCR 130, SCR 131,and S 1372 and recommend that they do pass.

DEAL, Chairman

H 797, SCR 130, SCR 131, and S 1372 were filed forsecond reading.





TAXATION; AMENDING SECTION 63-602G, IDAHOCODE, TO PROVIDE AN ADDITIONAL EXEMPTION FORCERTAIN OWNERS; AND PROVIDING AN EFFECTIVEDATE.



TAXATION; AMENDING SECTION 63-602G, IDAHOCODE, TO CLARIFY THAT CERTAIN ADJUSTMENTS TOTHE MAXIMUM AMOUNT SUBJECT TO PROPERTY TAXEXEMPTION SHALL BE MADE, TO PROVIDE FORCERTAIN ANNUAL ADJUSTMENTS TO THE MAXIMUMAMOUNT SUBJECT TO PROPERTY TAX EXEMPTION, TOPROVIDE FOR PUBLICATION AND DISSEMINATION OFADJUSTMENTS, TO PROVIDE THAT THE PUBLICATIONOF ADJUSTMENTS SHALL BE EXEMPT FROM THEPROVISIONS OF THE ADMINISTRATIVE PROCEDUREACT; AND PROVIDING AN EFFECTIVE DATE.


AN ACTRELATING TO THE SALES AND USE TAX;

AMENDING CHAPTER 36, TITLE 63, IDAHO CODE, BYTHE ADDITION OF A NEW SECTION 63-3622QQ, IDAHOCODE, TO PROVIDE A SALES TAX EXEMPTION FOREQUIPMENT AND SUPPLIES WITH AN EXCEPTION TOBE USED FOR AN ALTERNATIVE METHOD OFGENERATION OF ELECTRICAL ENERGY, TO PROVIDEMINIMUM GUIDELINES AND TO PROVIDE DEFINITIONS;DECLARING AN EMERGENCY AND PROVIDING ASUNSET DATE.



41-1229, IDAHO CODE, TO REVISE THE RATE OF TAX ONSURPLUS LINES; AND AMENDING SECTION 41-1233,IDAHO CODE, TO PROVIDE A CORRECT CODEREFERENCE.


AN ACTRELATING TO THE HEALTHY IDAHO ADVISORY

COMMITTEE; AMENDING CHAPTER 10, TITLE 56,IDAHO CODE, BY THE ADDITION OF A NEW SECTION56-1054, IDAHO CODE, TO CREATE THE HEALTHYIDAHO ADVISORY COMMITTEE, TO SET FORTHMEMBERSHIP, TO PROVIDE FOR THE ELECTION OF ACHAIR, TO PROVIDE THAT A MAJORITY CONSTITUTESA QUORUM, TO REQUIRE MONTHLY MEETINGS, TOPROVIDE THAT MEMBERS SERVE WITHOUT PAY, TOPROVIDE THAT THE COMMITTEE SHALL MAKERECOMMENDATIONS AND TO SET F ORTHCONSIDERATIONS.



SCHOLARSHIP; AMENDING SECTION 33-4305, IDAHOCODE, TO PROVIDE ADDITIONAL PURPOSES;AMENDING CHAPTER 43, TITLE 33, IDAHO CODE, BYTHE ADDITION OF A NEW SECTION 33-4306A, IDAHOCODE, TO PROVIDE ELIGIBILITY CRITERIA FOR DRUG,ALCOHOL AND TOBACCO FREE CATEGORYSTUDENTS, TO PROVIDE THAT DRUG, ALCOHOL ANDTOBACCO FREE CATEGORY STUDENTS SHALL REMAINDRUG, ALCOHOL AND TOBACCO FREE AND TOPROVIDE PROCEDURES; AND AMENDING SECTION33-4307, IDAHO CODE, TO PROVIDE THE AMOUNT ANDLENGTH OF THE AWARD FOR DRUG, ALCOHOL ANDTOBACCO FREE CATEGORY STUDENTS, TO PROVIDEFOR REPORTS, TO PROVIDE A CORRECT CODEREFERENCE AND TO MAKE TECHNICAL CORRECTIONS.


S 1275, by Transportation Committee, was introduced, readthe first time by title, and referred to the Transportation andDefense Committee.

S 1262, as amended, by Judiciary and Rules Committee, wasintroduced, read the first time by title, and referred to theJudiciary, Rules, and Administration Committee.

S 1280, as amended, by Judiciary and Rules Committee, wasintroduced, read the first time by title, and referred to the Healthand Welfare Committee.

S 1279, as amended, as amended in the House, by Health andWelfare Committee, was introduced, read the first time by title,and filed for second reading.


S 1415, S 1423, S 1424, S 1425, S 1426, S 1427, andS 1428, by Finance Committee, were introduced, read the firsttime by title, and filed for second reading.


H 666, as amended, by Judiciary, Rules, and AdministrationCommittee, was introduced, read the first time by title and filedfor second reading.

H 728, as amended, by Education Committee, wasintroduced, read the first time by title and filed for secondreading.

H 752, as amended, H 754, as amended, and H 799, asamended, by Revenue and Taxation Committee, were introduced,read the first time by title and filed for second reading.




S 1243, as amended, S 1302, S 1303, and S 1304, byJudiciary and Rules Committee, were read the second time bytitle and filed for third reading.

S 1331, S 1344, and S 1345, by Education Committee, wereread the second time by title and filed for third reading.

S 1408, S 1409, S 1410, S 1411, S 1412, S 1413, andS 1414, by Finance Committee, were read the second time bytitle and filed for third reading.




At this time, the Speaker Pro Tem recognized Mr. Naccaratoto open debate.


Roll call resulted as follows:AYES -- Andersen, Boe, Douglas, Eberle, Ellsworth,

Gagner, Garrett, Henbest, Kellogg, Langhorst, Martinez, Miller,Mitchell, Moyle, Naccarato, Pasley-Stuart, Robison, Rydalch,Sayler, Smith(30), Smylie. Total -- 21.

NAYS -- Barraclough, Barrett, Bauer, Bayer, Bedke, Bell,Black, Block, Bolz, Bradford, Campbell, Cannon, Clark,Collins, Crow, Cuddy, Deal, Denney, Edmunson, Eskridge,Field(18), Field(23), Harwood, Jaquet, Jones, Kulczyk, Lake,

Langford, McGeachin, McKague, Meyer, Nielsen, Raybould,Ridinger, Ring, Ringo, Roberts, Sali, Schaefer, Shepherd,Shirley, Skippen, Smith(24), Snodgrass, Stevenson, Trail, Wills,Wood, Mr. Speaker. Total -- 49.

Total -- 70.

Whereupon the Speaker Pro Tem declared H 731 failed topass the House and ordered the bill filed in the Office of theChief Clerk.


At this time, the Speaker Pro Tem recognized Mr. Speakerand Mr. Stevenson to open debate.



Bedke, Bell, Black, Block, Boe, Bolz, Bradford, Campbell,Cannon, Clark, Collins, Crow, Cuddy, Deal, Denney, Douglas,Eberle, Edmunson, Ellsworth, Eskridge, Field(18), Field(23),Gagner, Garrett, Henbest, Jaquet, Kellogg, Kulczyk, Lake,Langford, Langhorst, Martinez, McGeachin, Meyer, Miller,Mitchell, Moyle, Naccarato, Nielsen, Pasley-Stuart, Raybould,Ridinger, Ring, Ringo, Roberts, Robison, Rydalch, Sali, Sayler,Schaefer, Shepherd, Shirley, Skippen, Smith(30), Smith(24),Smylie, Snodgrass, Stevenson, Trail, Wills, Wood, Mr. Speaker.Total -- 67.

NAYS -- None.Absent and excused -- Harwood, Jones, McKague.








Bedke, Bell, Black, Block, Boe, Bolz, Bradford, Campbell,Cannon, Clark, Collins, Crow, Cuddy, Deal, Douglas, Eberle,Ellsworth, Eskridge, Field(18), Field(23), Gagner, Garrett,Henbest, Jaquet, Kellogg, Kulczyk, Lake, Langford, Langhorst,Martinez, McGeachin, Meyer, Miller, Mitchell, Moyle,Naccarato, Nielsen, Pasley-Stuart, Raybould, Ridinger, Ring,Ringo, Roberts, Robison, Rydalch, Sali, Sayler, Schaefer,Shepherd, Shirley, Skippen, Smith(30), Smith(24), Smylie,Snodgrass, Stevenson, Trail, Wood, Mr. Speaker. Total -- 64.

NAYS -- None.Absent and excused -- Denney, Edmunson, Harwood, Jones,

McKague, Wills. Total -- 6.Total -- 70.







Bedke, Bell, Block, Boe, Bolz, Bradford, Campbell, Cannon,Clark, Collins, Crow, Cuddy, Deal, Denney, Douglas, Eberle,Edmunson, Ellsworth, Eskridge, Field(18), Field(23), Garrett,Harwood, Henbest, Jaquet, Jones, Kellogg, Kulczyk, Lake,Langford, Langhorst, Martinez, McGeachin, McKague, Meyer,Miller, Mitchell, Moyle, Naccarato, Nielsen, Pasley-Stuart,Raybould, Ridinger, Ring, Ringo, Roberts, Robison, Rydalch,Sali, Sayler, Schaefer, Shepherd, Shirley, Skippen, Smith(30),Smith(24), Smylie, Snodgrass, Stevenson, Trail, Wood,Mr. Speaker. Total -- 67.

NAYS -- None.Absent and excused -- Black, Gagner, Wills. Total -- 3.Total -- 70.



At this time, the Speaker recognized Mr. Bedke andMs. Jaquet to open debate.



Bedke, Bell, Black, Block, Boe, Bolz, Campbell, Cannon, Clark,Collins, Crow, Cuddy, Deal, Denney, Douglas, Eberle,Edmunson, Ellsworth, Eskridge, Field(18), Field(23), Gagner,Garrett, Harwood, Henbest, Jaquet, Jones, Kellogg, Kulczyk,Lake, Langford, Martinez, McGeachin, McKague, Meyer,Miller, Mitchell, Moyle, Naccarato, Nielsen, Pasley-Stuart,Raybould, Ridinger, Ring, Ringo, Roberts, Robison, Rydalch,Sali, Sayler, Schaefer, Shepherd, Shirley, Skippen, Smith(30),Smith(24), Smylie, Snodgrass, Stevenson, Trail, Mr. Speaker.Total -- 66.

NAYS -- None.Absent and excused -- Bradford, Langhorst, Wills, Wood.







Bedke, Bell, Black, Block, Boe, Bolz, Campbell, Cannon, Clark,Collins, Crow, Cuddy, Deal, Denney, Douglas, Eberle,Edmunson, Ellsworth, Eskridge, Field(18), Field(23), Gagner,Garrett, Harwood, Henbest, Jaquet, Jones, Kellogg, Kulczyk,Lake, Langford, Martinez, McGeachin, McKague, Meyer,Miller, Mitchell, Moyle, Nielsen, Pasley-Stuart, Raybould,Ridinger, Ring, Ringo, Roberts, Robison, Rydalch, Sali, Sayler,Schaefer, Shepherd, Shirley, Skippen, Smith(30), Smith(24),Smylie, Snodgrass, Stevenson, Trail, Wood, Mr. Speaker.Total -- 66.

NAYS -- None.Absent and excused -- Bradford, Langhorst, Naccarato,







Block, Bolz, Campbell, Collins, Crow, Cuddy, Deal, Edmunson,Ellsworth, Eskridge, Field(18), Field(23), Garrett, Harwood,Jones, Kellogg, Langford, Martinez, Meyer, Miller, Mitchell,Naccarato, Nielsen, Ridinger, Ring, Ringo, Rydalch, Sayler,Shepherd, Shirley, Skippen, Smith(30), Smith(24), Smylie,Snodgrass, Stevenson, Trail, Wills, Mr. Speaker. Total -- 45.

NAYS -- Barrett, Bayer, Boe, Bradford, Cannon, Clark,Denney, Douglas, Eberle, Gagner, Henbest, Jaquet, Kulczyk,Lake, Langhorst, McGeachin, McKague, Moyle, Pasley-Stuart,Raybould, Roberts, Robison, Sali, Schaefer. Total -- 24.

Absent and excused -- Wood. Total -- 1.Total -- 70.





RECESS

Afternoon Session





Mr. Roberts asked unanimous consent that Rule 70, with theexception of smoking, be suspended for the balance of theLegislative Week. There being no objection, it was so ordered.




Roll call resulted as follows:AYES -- Andersen, Bauer, Bayer, Bedke, Bell, Black, Block,

Boe, Bolz, Bradford, Campbell, Cannon, Collins, Crow, Cuddy,Deal, Denney, Douglas, Eberle, Edmunson, Ellsworth, Eskridge,Field(18), Field(23), Garrett, Harwood, Henbest, Jaquet, Jones,Kellogg, Kulczyk, Langford, Langhorst, Martinez, McGeachin,Meyer, Miller, Mitchell, Moyle, Naccarato, Nielsen,Pasley-Stuart, Raybould, Ridinger, Ring, Ringo, Roberts,Robison, Sali, Sayler, Schaefer, Shepherd, Shirley, Skippen,Smith(30), Smith(24), Smylie, Snodgrass, Stevenson, Trail,Mr. Speaker. Total -- 61.

NAYS -- Clark. Total -- 1.Absent and excused -- Barraclough, Barrett, Gagner, Lake,

McKague, Rydalch, Wills, Wood. Total -- 8.Total -- 70.






Boe, Bolz, Bradford, Campbell, Cannon, Clark, Collins, Cuddy,Deal, Denney, Douglas, Eberle, Edmunson, Ellsworth, Eskridge,Field(18), Field(23), Garrett, Harwood, Henbest, Jaquet, Jones,Kellogg, Kulczyk, Langford, Langhorst, Martinez, McGeachin,Meyer, Miller, Moyle, Naccarato, Nielsen, Pasley-Stuart,

Raybould, Ridinger, Ring, Ringo, Roberts, Robison, Sali,Sayler, Schaefer, Shepherd, Shirley, Skippen, Smith(30),Smith(24), Smylie, Snodgrass, Stevenson, Mr. Speaker.Total -- 59.

NAYS -- None.Absent and excused -- Barraclough, Barrett, Crow, Gagner,

Lake, McKague, Mitchell, Rydalch, Trail, Wills, Wood.Total -- 11.

Total -- 70.




Mr. Clark asked unanimous consent that, pursuant toRule 22, discussion of other bills be allowed in debate of S 1306.There being no objection, it was so ordered.



Boe, Bolz, Bradford, Campbell, Cannon, Collins, Crow, Deal,Denney, Douglas, Ellsworth, Eskridge, Field(18), Field(23),Gagner, Garrett, Henbest, Jaquet, Jones, Lake, Langford,Langhorst, Martinez, McGeachin, Meyer, Miller, Mitchell,Moyle, Naccarato, Pasley-Stuart, Raybould, Ridinger, Ring,Ringo, Roberts, Robison, Rydalch, Sayler, Shepherd, Shirley,Skippen, Smith(30), Smith(24), Smylie, Snodgrass, Stevenson,Trail, Mr. Speaker. Total -- 54.

NAYS -- Bauer, Bayer, Clark, Cuddy, Eberle, Harwood,Kellogg, Kulczyk, McKague, Nielsen, Sali, Schaefer.Total -- 12.

Absent and excused -- Barrett, Edmunson, Wills, Wood.Total -- 4.

Total -- 70.


S 1234, as amended, was read the third time at length,section by section, and placed before the House for finalconsideration.


The question being, "Shall S 1234, as amended, pass?"


Black, Block, Boe, Bolz, Bradford, Campbell, Cannon, Clark,Collins, Crow, Cuddy, Denney, Douglas, Eberle, Ellsworth,Eskridge, Field(18), Field(23), Gagner, Garrett, Henbest, Jaquet,


Jones, Kellogg, Kulczyk, Langford, Langhorst, Martinez,McGeachin, McKague, Meyer, Miller, Mitchell, Moyle, Nielsen,Pasley-Stuart, Raybould, Ridinger, Ring, Ringo, Roberts,Robison, Rydalch, Sali, Sayler, Schaefer, Shepherd, Shirley,Skippen, Smith(30), Smith(24), Smylie, Snodgrass, Stevenson,Trail, Mr. Speaker. Total -- 62.

NAYS -- None.Absent and excused -- Barrett, Deal, Edmunson, Harwood,

Lake, Naccarato, Wills, Wood. Total -- 8.Total -- 70.

Whereupon the Speaker declared S 1234, as amended, passedthe House. Title was approved and the bill was ordered returnedto the Senate.





Black, Block, Boe, Bolz, Bradford, Campbell, Cannon, Clark,Collins, Crow, Cuddy, Deal, Denney, Douglas, Eberle,Ellsworth, Eskridge, Field(18), Field(23), Gagner, Garrett,Henbest, Jaquet, Jones, Kellogg, Kulczyk, Langford, Langhorst,Martinez, McGeachin, McKague, Meyer, Miller, Mitchell,Moyle, Nielsen, Pasley-Stuart, Raybould, Ridinger, Ring, Ringo,Roberts, Robison, Rydalch, Sali, Sayler, Schaefer, Shepherd,Shirley, Skippen, Smith(30), Smith(24), Smylie, Snodgrass,Stevenson, Trail, Mr. Speaker. Total -- 63.

NAYS -- None.Absent and excused -- Barrett, Edmunson, Harwood, Lake,

Naccarato, Wills, Wood. Total -- 7.Total -- 70.






Block, Boe, Bolz, Bradford, Campbell, Cannon, Collins, Crow,Cuddy, Deal, Denney, Douglas, Eberle, Ellsworth, Eskridge,Field(18), Field(23), Gagner, Garrett, Harwood, Henbest,Jaquet, Jones, Kulczyk, Langford, Martinez, McKague, Miller,Mitchell, Moyle, Naccarato, Nielsen, Pasley-Stuart, Raybould,Ridinger, Ring, Ringo, Roberts, Robison, Rydalch, Sali, Sayler,

Schaefer, Shepherd, Shirley, Skippen, Smith(30), Smith(24),Smylie, Snodgrass, Stevenson, Trail, Mr. Speaker. Total -- 59.

NAYS -- Bayer, Clark, Kellogg, Langhorst, McGeachin,Meyer. Total -- 6.

Absent and excused -- Barrett, Edmunson, Lake, Wills,Wood. Total -- 5.

Total -- 70.






Block, Boe, Bolz, Bradford, Campbell, Cannon, Clark, Collins,Crow, Cuddy, Deal, Denney, Douglas, Eberle, Ellsworth,Eskridge, Field(18), Field(23), Gagner, Garrett, Harwood,Jaquet, Jones, Kellogg, Langhorst, Martinez, McGeachin,McKague, Meyer, Miller, Mitchell, Naccarato, Nielsen,Pasley-Stuart, Raybould, Ridinger, Ring, Roberts, Robison,Rydalch, Sali, Sayler, Schaefer, Shepherd, Shirley, Skippen,Smith(30), Smith(24), Smylie, Snodgrass, Stevenson, Trail,Mr. Speaker. Total -- 59.

NAYS -- Bauer, Henbest, Kulczyk, Langford, Moyle, Ringo.Total -- 6.

Absent and excused -- Barrett, Edmunson, Lake, Wills,Wood. Total -- 5.

Total -- 70.






Black, Block, Boe, Bolz, Bradford, Campbell, Cannon, Clark,Collins, Crow, Cuddy, Deal, Denney, Douglas, Eberle,Edmunson, Ellsworth, Eskridge, Field(18), Field(23), Gagner,Garrett, Harwood, Henbest, Jaquet, Jones, Kellogg, Kulczyk,Langford, Langhorst, Martinez, McGeachin, McKague, Meyer,Miller, Mitchell, Moyle, Naccarato, Nielsen, Pasley-Stuart,Raybould, Ridinger, Ring, Ringo, Roberts, Robison, Rydalch,


Sali, Sayler, Schaefer, Shepherd, Shirley, Skippen, Smith(30),Smith(24), Smylie, Snodgrass, Stevenson, Trail, Mr. Speaker.Total -- 66.

NAYS -- None.Absent and excused -- Barrett, Lake, Wills, Wood.



Ms. Jaquet, having voted on the prevailing side, served noticethat she may ask for reconsideration of the vote by which S 1281passed the House.

S 1281 was ordered held at the Desk.





Black, Block, Boe, Bolz, Bradford, Campbell, Cannon, Clark,Collins, Crow, Cuddy, Deal, Denney, Douglas, Eberle,Edmunson, Ellsworth, Eskridge, Field(18), Field(23), Gagner,Garrett, Harwood, Henbest, Jaquet, Jones, Kellogg, Langford,Langhorst, Martinez, McGeachin, McKague, Meyer, Miller,Mitchell, Moyle, Naccarato, Nielsen, Pasley-Stuart, Raybould,Ridinger, Ring, Ringo, Roberts, Robison, Rydalch, Sali, Sayler,Schaefer, Shepherd, Shirley, Skippen, Smith(30), Smith(24),Smylie, Snodgrass, Stevenson, Trail, Wills, Mr. Speaker.Total -- 66.

NAYS -- Kulczyk. Total -- 1.Absent and excused -- Barrett, Lake, Wood. Total -- 3.Total -- 70.



At this time, the Speaker recognized Mr. Cannon to opendebate.



Boe, Bolz, Bradford, Campbell, Cannon, Clark, Collins, Crow,Cuddy, Deal, Denney, Douglas, Eberle, Edmunson, Ellsworth,Eskridge, Field(18), Field(23), Gagner, Garrett, Henbest, Jaquet,Jones, Kellogg, Kulczyk, Langford, Langhorst, Martinez,

McGeachin, Meyer, Miller, Mitchell, Moyle, Naccarato,Nielsen, Pasley-Stuart, Raybould, Ridinger, Ring, Roberts,Robison, Rydalch, Sali, Sayler, Schaefer, Shepherd, Shirley,Skippen, Smith(30), Smith(24), Smylie, Snodgrass, Stevenson,Trail, Wills, Mr. Speaker. Total -- 63.

NAYS -- Harwood, McKague, Ringo. Total -- 3.Absent and excused -- Barraclough, Barrett, Lake, Wood.








Black, Block, Bolz, Campbell, Cannon, Collins, Crow, Cuddy,Deal, Denney, Douglas, Eberle, Edmunson, Ellsworth, Eskridge,Field(18), Field(23), Gagner, Garrett, Henbest, Jaquet, Kellogg,Kulczyk, Lake, Langford, Langhorst, Martinez, McGeachin,McKague, Meyer, Miller, Moyle, Nielsen, Pasley-Stuart,Raybould, Ridinger, Ring, Roberts, Robison, Rydalch, Sali,Schaefer, Shepherd, Shirley, Skippen, Smith(30), Smylie,Snodgrass, Stevenson, Trail, Wills, Wood. Total -- 58.

NAYS -- Boe, Bradford, Clark, Jones, Mitchell, Ringo,Sayler, Smith(24), Mr. Speaker. Total -- 9.

Absent and excused -- Barraclough, Harwood, Naccarato.Total -- 3.

Total -- 70.



At this time, the Speaker recognized Mrs. McGeachin andMr. Ring to open debate.





Meyer, Miller, Mitchell, Moyle, Naccarato, Nielsen,Pasley-Stuart, Raybould, Ridinger, Ring, Ringo, Roberts,Robison, Rydalch, Sali, Sayler, Schaefer, Shepherd, Shirley,Skippen, Smith(30), Smith(24), Smylie, Snodgrass, Stevenson,Trail, Wills, Wood, Mr. Speaker. Total -- 69.

NAYS -- McKague. Total -- 1.Total -- 70.



At this time, the Speaker recognized Mr. Martinez to opendebate.









Bedke, Bell, Black, Block, Boe, Bolz, Bradford, Campbell,Cannon, Clark, Collins, Crow, Cuddy, Deal, Denney, Douglas,Eberle, Edmunson, Ellsworth, Eskridge, Field(18), Field(23),Gagner, Garrett, Harwood, Henbest, Jaquet, Jones, Kellogg,Kulczyk, Lake, Langford, Langhorst, Martinez, McGeachin,McKague, Meyer, Miller, Mitchell, Moyle, Naccarato, Nielsen,Pasley-Stuart, Raybould, Ridinger, Ring, Ringo, Roberts,Robison, Rydalch, Sali, Sayler, Schaefer, Shepherd, Shirley,Skippen, Smith(30), Smylie, Snodgrass, Stevenson, Trail, Wills,Wood, Mr. Speaker. Total -- 69.

NAYS -- Smith(24). Total -- 1.Total -- 70.




The time having expired for reconsideration of the vote bywhich S 1281 passed the House, the Speaker declared S 1281passed the House and ordered the bill returned to the Senate.




A JOINT MEMORIALTO THE CONGRESSIONAL DELEGATION

REPRESENTING THE STATE OF IDAHO IN THECONGRESS OF THE UNITED STATES.


WHEREAS, many skilled nursing facilities in the state ofIdaho have elected to participate in an independent nationalaccreditation program for long-term care and additionalinspections are costly and unnecessarily duplicative; and

WHEREAS, an independent accreditation process is designedto assist skilled nursing facilities integrate quality improvementprinciples in their daily operations and improve resident healthoutcomes; and

WHEREAS, an independent survey process by recognizednational accrediting organizations is designed to be consultativeand not punitive; and

WHEREAS, costs for the current nursing facility surveysystem are approximately twice the cost of an independentaccreditation process and it is in the best interests of the facilities,the Medicare program and the welfare of individuals receivingcare under the program, and the United States federal governmentthat unnecessary waste be eliminated whenever possible.

NOW, THEREFORE, BE IT RESOLVED by the membersof the Second Regular Session of the Fifty-seventh IdahoLegislature, the House of Representatives and the Senateconcurring therein, that we urge the Idaho delegation in theCongress of the United States to attempt to secure a waiver orexemption from the Centers for Medicare and Medicaid Services(CMS) to allow an approved national accrediting body, at therequest of the skilled nursing facility, to conduct survey andcertification reviews for Medicare and Medicaid participation. Ifthe nursing facility is unable to receive appropriate accreditation,the current survey and certification process will be utilized. Thenursing facility requesting accreditation will be responsible forpayment of all costs associated with the accreditation process andthese costs prorated to the Medicare program for purposes of costreimbursement.

BE IT FURTHER RESOLVED that the Chief Clerk of theHouse of Representatives be, and she is hereby authorized anddirected to forward a copy of this Memorial to the congressionaldelegation representing the State of Idaho in the Congress of theUnited States.





AN ACTRELATING TO APPLICATIONS OF THE PUBLIC

EMPLOYEE RETIREMENT SYSTEM; AMENDINGSECTION 59-1342, IDAHO CODE, TO GOVERN THEC O M P U T A T I O N O F S E R V I CE R E T I R E M E N TALLOWANCES FOR MEMBERS WHOSE SERVICE ISACCRUED THROUGH LEGISLATIVE SERVICE INCOMBINATION WITH OTHER COVERED SERVICE; ANDAMENDING SECTION 59-1346, IDAHO CODE, TOGOVERN COMPUTATION OF EARLY RETIREMENTALLOWANCES FOR MEMBERS WHOSE SERVICE ISACCRUED THROUGH LEGISLATIVE SERVICE INCOMBINATION WITH OTHER COVERED SERVICE.


AN ACTRELATING TO PUBLIC INFRASTRUCTURE

IMPROVEMENTS DISTRICTS; AMENDING TITLE 50,IDAHO CODE, BY THE ADDITION OF A NEW CHAPTER30, TITLE 50, IDAHO CODE, TO PROVIDE LEGISLATIVEPURPOSE AND A SHORT TITLE, TO DEFINE TERMS, TOPROVIDE FOR CREATION OF PUBLIC INFRASTRUCTUREIMPROVEMENTS DISTRICTS, TO PROVIDE FORORGANIZATION OF A DISTRICT, TO PROVIDE POWERSOF A DISTRICT, TO PROVIDE FOR A CHANGE INDISTRICT BOUNDARIES OR THE GENERAL PLAN, TOPROVIDE FOR FINANCES, TO PROVIDE FOR GENERALOBLIGATION BONDS AND TAX LEVIES, TO PROVIDEFOR REVENUE BONDS AND FEES AND CHARGES, TOPROVIDE TERMS OF THE BONDS, TO PROVIDE FORTAXES, TO PROVIDE FOR NOTICE AND CONDUCT OFELECTI ONS, TO PROVIDE FOR FINANCIALSTATEMENTS AND ESTIMATES, BUDGETS ANDCERTIFICATION OF LEVIES, TO PROVIDE FORDISSOLUTION OF A DISTRICT, TO PROVIDE FOREXEMPTIONS AND EXCLUSIONS, TO PROVIDE FORLIMITATION OF LIABILITY, TO PROVIDE FOR APPEAL,EXCLUSIVE REMEDY AND CONCLUSIVENESS, TOPROVIDE FOR SUBDISTRICTS, TO PROVIDE FORCONSISTENCY WITH STATE LAW, TO PROVIDELIBERAL INTERPRETATION AND TO PROVIDESEVERABILITY.



Adjournment

Mr. Denney moved that the House adjourn until 9:30 a.m.,Wednesday, March 10, 2004. Seconded by Ms. Jaquet. Motioncarried.



FIFTY-NINTH LEGISLATIVE DAYWEDNESDAY, MARCH 10, 2004



Roll call showed 68 members present.Absent and excused -- Campbell, Wills. Total -- 2.Total -- 70.



Approval of Journal


We, your COMMITTEE ON JUDICIARY, RULES, ANDADMINISTRATION, report that we have read and approved theHouse Journal of the Fifty-eighth Legislative Day andrecommend that same be adopted as corrected.

FIELD(18), Chairman




I transmit herewith enrolled S 1381, S 1385, S 1386, S 1387,S 1396, S 1397, S 1398, S 1399, S 1400, S 1401, S 1402,S 1403, S 1404, and S 1405 for the signature of the Speaker.

WOOD, Secretary

The Speaker announced he was about to sign enrolled S 1381,S 1385, S 1386, S 1387, S 1396, S 1397, S 1398, S 1399,S 1400, S 1401, S 1402, S 1403, S 1404, and S 1405 and, whenso signed, ordered them returned to the Senate.


I transmit herewith S 1317, as amended, S 1307, as amended,S 1269, as amended, S 1313, as amended, S 1373, as amended,S 1350, as amended, S 1329, as amended, S 1289, S 1418,S 1407, S 1430, S 1431, S 1432, S 1433, S 1434, S 1388,S 1292, S 1391, S 1389, S 1438, and S 1439 which have passedthe Senate.

WOOD, Secretary


S 1317, as amended, S 1307, as amended, S 1269, asamended, S 1313, as amended, S 1373, as amended, S 1350, asamended, S 1329, as amended, S 1289, S 1418, S 1407, S 1430,S 1431, S 1432, S 1433, S 1434, S 1388, S 1292, S 1391,S 1389, S 1438, and S 1439 were filed for first reading.


I return herewith HJM 15, HCR 40, HJM 17, HCR 39, andHCR 45 which have passed the Senate.

WOOD, Secretary

HJM 15, HCR 40, HJM 17, HCR 39, and HCR 45 werereferred to the Judiciary, Rules, and Administration Committeefor enrolling.



We, your COMMITTEE ON JUDICIARY, RULES, ANDADMINISTRATION report that we have printed H 825, H 826,H 827, H 828, H 829, H 830, H 831, H 832, and HJM 25.

FIELD(18), Chairman




H 828, H 830, and HJM 25 were filed for second reading.


We, your COMMITTEE ON JUDICIARY, RULES, ANDADMINISTRATION, report that we have enrolled HCR 51 andHCR 47.

FIELD(18), Chairman

The Speaker announced he was about to sign enrolledHCR 51 and HCR 47, and, when so signed, ordered themtransmitted to the Senate for the signature of the President.



CROW, Chairman



We, your COMMITTEE ON REVENUE AND TAXATION,report that we have had under consideration H 747 and report itback without recommendation.

CROW, Chairman



We, your COMMITTEE ON COMMERCE AND HUMANRESOURCES, report that we have had under considerationS 1282, S 1256, S 1257, S 1258, and S 1259 and recommendthat they do pass.

SCHAEFER, Chairman

S 1282, S 1256, S 1257, S 1258, and S 1259 were filed forsecond reading.


We, your COMMITTEE ON JUDICIARY, RULES, ANDADMINISTRATION, report that we have had underconsideration S 1260 and S 1371 and recommend that they dopass.

FIELD(18), Chairman



We, your COMMITTEE ON BUSINESS, report that we havehad under consideration H 803, H 812, S 1276, and S 1382 andrecommend that they do pass.

BLACK, Chairman

H 803, H 812, S 1276, and S 1382 were filed for secondreading.


We, your COMMITTEE ON RESOURCES ANDCONSERVATION, report that we have had under considerationHJM 23, HJM 24, S 1367, and SCR 129 and recommend thatthey do pass.

STEVENSON, Chairman

HJM 23, HJM 24, S 1367, and SCR 129 were filed forsecond reading.



DEAL, Chairman




Mr. Stevenson asked unanimous consent that HJM 23 beplaced on General Orders for consideration. There being noobjection, it was so ordered.

Mr. Denney asked unanimous consent that H 816 be placedon General Orders for consideration. There being no objection,it was so ordered.




AMENDING TITLE 41, IDAHO CODE, BY THE ADDITIONOF A NEW CHAPTER 56, TITLE 41, IDAHO CODE, TODEFINE TERMS, TO REQUIRE THE PROMPT PAYMENTOF CLAIMS, TO PROVIDE FOR INTEREST PAYMENTS,TO PROVIDE THAT INSURERS ARE NOT REQUIRED TOACCEPT AN ASSIGNMENT OF PAYMENT, TO PROVIDEEXCEPTIONS AND TO PROVIDE PENALTIES; PROVIDINGAN EFF ECTIVE DATE AND PROVIDING FORAPPLICATION.



67-5761, IDAHO CODE, TO REVISE THE POWERS ANDDUTIES OF THE DIRECTOR OF THE DEPARTMENT OFADMINISTRATION RELATING TO GROUP INSURANCE;AMENDING SECTION 67-5762, IDAHO CODE, TO REVISEOBJECTIVES AND CONSIDERATIONS, TO PROVIDE FORDATA COLLECTION AND REPORTS, TO ENCOURAGECOST CONTAINMENT AND TO MAKE TECHNICALCHANGES; AMENDING SECTION 67-5763, IDAHO CODE,TO REVISE DESCRIPTIVE LANGUAGE, TO PROVIDETHAT AFTER A SPECIFIED DATE ALL POLITICALSUBDIVISIONS OF THE STATE SHALL CONTRACT WITHTHE DEPARTMENT OF ADMINISTRATION FOR A PLANOF GROUP INSURANCE AND ARRANGEMENTS WITHPREPAYMENT PLANS, TO PROVIDE FOR GOVERNANCEOF SUCH PLANS AND TO MAKE A TECHNICALCORRECTION; AMENDING SECTION 67-5767, IDAHOCODE, TO REVISE DESCRIPTIVE LANGUAGE, TOPROVIDE THAT THE DIRECTOR SHALL RENDERCERTAIN SERVICES TO POLITICAL SUBDIVISIONS OFTHE S T AT E A N D TO P ROVIDE CORR E CTTERMINOLOGY; AMENDING SECTION 67-5769, IDAHOCODE, TO PROVIDE FOR PAYMENTS FROM POLITICALSUBDIVISIONS OF THE STATE RELATING TO GROUPINSURANCE AND TO MAKE TECHNICAL CORRECTIONS;AND PROVIDING AN EFFECTIVE DATE.


S 1317, as amended, and S 1292, by Health and WelfareCommittee, were introduced, read the first time by title, andreferred to the Health and Welfare Committee.

S 1418, by Judiciary and Rules Committee, was introduced,read the first time by title, and referred to the Health and WelfareCommittee.

S 1307, as amended, by Local Government and TaxationCommittee, was introduced, read the first time by title, andreferred to the Local Government Committee.

S 1269, as amended, by Local Government and TaxationCommittee, was introduced, read the first time by title, andreferred to the Transportation and Defense Committee.

S 1313, as amended, by Agricultural Affairs Committee, wasintroduced, read the first time by title, and referred to theAgricultural Affairs Committee.

S 1373, as amended, and S 1438, by State AffairsCommittee, were introduced, read the first time by title, andreferred to the State Affairs Committee.

S 1350, as amended, and S 1329, as amended, by EducationCommittee, were introduced, read the first time by title, andreferred to the Education Committee.

S 1289, by Health and Welfare Committee, was introduced,read the first time by title, and referred to the BusinessCommittee.

S 1391 and S 1389, by Judiciary and Rules Committee, wereintroduced, read the first time by title, and referred to theBusiness Committee.


S 1439, by State Affairs Committee, was introduced, read thefirst time by title, and referred to the Revenue and TaxationCommittee.

S 1430, S 1431, S 1432, S 1433, and S 1434, by FinanceCommittee, were introduced, read the first time by title, and filedfor second reading.



H 822, H 823, and H 824, by Appropriations Committee,were read the second time by title and filed for third reading.

S 1298, by Local Government and Taxation Committee, wasread the second time by title and filed for third reading.

H 797 and H 751, as amended, by State Affairs Committee,were read the second time by title and filed for third reading.

SCR 130, SCR 131, and S 1372, by State AffairsCommittee, were read the second time by title and filed for thirdreading.

S 1279, as amended, as amended in the House, by Health andWelfare Committee, was read the second time by title and filedfor third reading.

S 1415, S 1423, S 1424, S 1425, S 1426, S 1427, andS 1428, by Finance Committee, were read the second time bytitle and filed for third reading.

H 666, as amended, by Judiciary, Rules, and AdministrationCommittee, was read the second time by title and filed for thirdreading.

H 728, as amended, by Education Committee, was read thesecond time by title and filed for third reading.


H 752, as amended, H 754, as amended, and H 799, asamended, by Revenue and Taxation Committee, were read thesecond time by title and filed for third reading.








We, your COMMITTEE OF THE WHOLE HOUSE, reportthat we have had under consideration H 757, H 760, H 761, andH 816 and report them back without recommendation, amendedas follows:


AMENDMENTS TO SECTION 1On page 1 of the printed bill, in line 14, delete "including,

but not limited to, hospitals, skilled nursing facilities," and insert:"such as"; in line 19, delete "Whether" and insert: "The principalinsurers with which", and also in line 19, delete "with thepatient' s"; in line 20, delete "insurer, "; following line 23, insert:

"(b) If asked, the health care provider shall use its bestefforts to inform the patient whether the health care providerparticipates with the patient' s insurer;";

in line 24, delete "(b)" and insert: "(c)"; and in line 28, delete"(c)" and insert: "(d)".


AMENDMENT TO SECTION 2On page 5 of the printed bill, following line 7, insert:"(9) (a) Subject to the requirements of this subsection, ataxpayer who earns and is entitled to the credit or to anunused portion of the credit allowed by this section maytransfer all or a portion of the unused credit to:

(i) Another taxpayer required to file a return underthis chapter; or(ii) To an intermediary for its use or for resale to ataxpayer required to file a return under this chapter.

In the event of either such a transfer, the transferee may claimthe credit on the transferee' s income tax return originally filedduring the calendar year in which the transfer takes place and,in the case of carryover of the credit, on the transferee' sreturns for the number of years of carryover available to thetransferor at the time of the transfer unless earlier exhausted.

(b) Before completing a transfer under this subsection, thetransferor shall notify the state tax commission of itsintention to transfer the credit and the identity of thetransferee. The state tax commission shall provide thetransferor with a written statement of the amount of creditavailable under this section as then appearing in thecommission' s records and the number of years the credit maybe carried over. The transferee shall attach a copy of thestatement to any return in regard to which the transferredcredit is claimed.(c) In the event that after the transfer the state taxcommission determines that the amount of credit properlyavailable under this section is less than the amount claimedby the transferor of the credit or that the credit is subject torecapture, the commission shall assess the amount ofoverstated or recaptured credit as taxes due from thetransferor and not the transferee. The assessment shall bemade in the manner provided for a deficiency in taxes underthis chapter.";

and in line 8, delete "(9)" and insert: "(10)".

CORRECTION TO TITLEOn page 1, delete line 9, and insert: "CARRYOVER OF

UNUSED CREDITS, TO PROVIDE PROCEDURES AND TOPROVIDE TRANSFERABILITY; AMENDING SECTION".


AMENDMENTS TO SECTION 1On page 1 of the printed bill, in line 17 following "kilowatt"

insert: "hour".On page 2, following line 5, insert:"(4) (a) Subject to the requirements of this subsection, ataxpayer who earns and is entitled to the credit or to anunused portion of the credit allowed by this section maytransfer all or a portion of the unused credit to:

(i) Another taxpayer required to file a return under thischapter; or(ii) To an intermediary for its use or for resale to ataxpayer required to file a return under this chapter.

In the event of either such a transfer, the transferee may claimthe credit on the transferee's income tax return originally filedduring the calendar year in which the transfer takes place and,in the case of carryover of the credit, on the transferee' sreturns for the number of years of carryover available to thetransferor at the time of the transfer unless earlier exhausted.(b) Before completing a transfer under this subsection, thetransferor shall notify the state tax commission of its intentionto transfer the credit and the identity of the transferee. Thestate tax commission shall provide the transferor with awritten statement of the amount of credit available under thissection as then appearing in the commission' s records and thenumber of years the credit may be carried over . Thetransferee shall attach a copy of the statement to any return inregard to which the transferred credit is claimed.(c) In the event that after the transfer the state taxcommission determines that the amount of credit properlyavailable under this section is less than the amount claimedby the transferor of the credit or that the credit is subject torecapture, the commission shall assess the amount ofoverstated or recaptured credit as taxes due from thetransferor and not the transferee. The assessment shall bemade in the manner provided for a deficiency in taxes underthis chapter.".


CORRECTION TO TITLEOn page 1, delete line 6 and insert: "DEFINE TERMS, TO

PROVIDE FOR CARRYOVER AUTHORITY AND TOPROVIDE TRANSFERABILITY; DECLARING AN EMER-".


AMENDMENTS TO SECTION 1On page 1 of the printed bill, following line 15, insert:"(1) Are consigned directly to a slaughter facility; or";

in line 16, delete "(1)" and insert: "(2)"; and in line 18, delete"(2)" and insert: "(3)".

CORRECTION TO TITLEOn page 1, in line 5, delete "CERTAIN IDENTIFICATION

REQUIREMENTS ARE"; in line 6, delete "MET" and insert:"THEY ARE CONSIGNED DIRECTLY TO A SLAUGHTERFACILITY OR BEAR THE BRAND "C" ON THE NECK,AND ARE IDENTIFIED WITH A RADIO FREQUENCYIDENTIFICATION DEVICE".

MOYLE, Chairman



H 757, as amended, H 760, as amended, H 761, as amended,and H 816, as amended, were referred to the Judiciary, Rules,and Administration Committee for engrossing.








Black, Block, Boe, Bolz, Bradford, Cannon, Clark, Collins,Cuddy, Deal, Denney, Douglas, Eberle, Edmunson, Ellsworth,Eskridge, Field(18), Field(23), Garrett, Harwood, Henbest,Jaquet, Jones, Kellogg, Lake, Langford, Langhorst, Martinez,McGeachin, Miller, Mitchell, Moyle, Naccarato, Nielsen,Pasley-Stuart, Raybould, Ridinger, Ring, Ringo, Roberts,Robison, Rydalch, Sayler, Schaefer, Shepherd, Shirley, Skippen,Smith(30), Smith(24), Smylie, Snodgrass, Stevenson, Trail,Mr. Speaker. Total -- 60.

NAYS -- Barrett, Kulczyk, McKague, Sali, Wood.Total -- 5.

Absent and excused -- Campbell, Crow, Gagner, Meyer,Wills. Total -- 5.

Total -- 70.






Bedke, Bell, Black, Block, Boe, Bolz, Bradford, Cannon, Clark,Collins, Cuddy, Deal, Denney, Douglas, Eberle, Edmunson,Ellsworth, Eskridge, Field(18), Field(23), Garrett, Harwood,Henbest, Jaquet, Jones, Kellogg, Kulczyk, Lake, Langford,Langhorst, Martinez, McGeachin, McKague, Meyer, Miller,Mitchell, Moyle, Naccarato, Nielsen, Pasley-Stuart, Raybould,Ridinger, Ring, Ringo, Roberts, Robison, Rydalch, Sali, Sayler,Schaefer, Shepherd, Shirley, Skippen, Smith(30), Smith(24),Smylie, Snodgrass, Stevenson, Trail, Wood, Mr. Speaker.Total -- 66.

NAYS -- None.Absent and excused -- Campbell, Crow, Gagner, Wills.







Bedke, Bell, Black, Block, Boe, Bolz, Bradford, Cannon, Clark,Collins, Crow, Cuddy, Deal, Denney, Douglas, Eberle,Edmunson, Ellsworth, Eskridge, Field(18), Field(23), Garrett,Harwood, Henbest, Jaquet, Jones, Kellogg, Kulczyk, Lake,Langford, Langhorst, Martinez, McGeachin, McKague, Meyer,Miller, Mitchell, Moyle, Naccarato, Nielsen, Pasley-Stuart,Raybould, Ridinger, Ring, Ringo, Roberts, Robison, Rydalch,Sali, Sayler, Schaefer, Shepherd, Shirley, Skippen, Smith(30),Smith(24), Smylie, Snodgrass, Stevenson, Trail, Wood,Mr. Speaker. Total -- 67.

NAYS -- None.Absent and excused -- Campbell, Gagner, Wills. Total -- 3.Total -- 70.







Bedke, Bell, Black, Block, Boe, Bolz, Cannon, Clark, Collins,Crow, Cuddy, Deal, Denney, Douglas, Eberle, Ellsworth,Eskridge, Field(18), Field(23), Gagner, Garrett, Harwood,Henbest, Jaquet, Jones, Kellogg, Kulczyk, Lake, Langford,Langhorst, Martinez, McGeachin, McKague, Meyer, Miller,Mitchell, Moyle, Naccarato, Nielsen, Pasley-Stuart, Raybould,Ridinger, Ring, Ringo, Roberts, Robison, Rydalch, Sali, Sayler,Schaefer, Shepherd, Shirley, Skippen, Smith(30), Smith(24),Smylie, Snodgrass, Stevenson, Trail, Wood, Mr. Speaker.Total -- 66.

NAYS -- None.Absent and excused -- Bradford, Campbell, Edmunson,







Bedke, Bell, Black, Block, Boe, Bolz, Cannon, Clark, Collins,Crow, Cuddy, Deal, Denney, Douglas, Eberle, Ellsworth,Eskridge, Field(18), Field(23), Gagner, Garrett, Harwood,Henbest, Jaquet, Jones, Kellogg, Kulczyk, Lake, Langford,Langhorst, Martinez, McGeachin, McKague, Meyer, Miller,Mitchell, Moyle, Naccarato, Nielsen, Pasley-Stuart, Raybould,Ridinger, Ring, Ringo, Roberts, Robison, Rydalch, Sali, Sayler,Schaefer, Shepherd, Shirley, Skippen, Smith(30), Smith(24),Smylie, Snodgrass, Trail, Wood, Mr. Speaker. Total -- 65.

NAYS -- None.Absent and excused -- Bradford, Campbell, Edmunson,

Stevenson, Wills. Total -- 5.Total -- 70.






Bedke, Bell, Black, Block, Boe, Bolz, Cannon, Collins, Crow,Cuddy, Deal, Denney, Douglas, Eberle, Ellsworth, Eskridge,Field(18), Field(23), Gagner, Garrett, Harwood, Henbest,Jaquet, Jones, Kellogg, Kulczyk, Lake, Langford, Langhorst,Martinez, McGeachin, Meyer, Miller, Mitchell, Moyle,Naccarato, Nielsen, Pasley-Stuart, Raybould, Ridinger, Ring,Ringo, Roberts, Robison, Rydalch, Sali, Sayler, Schaefer,Shepherd, Shirley, Skippen, Smith(30), Smith(24), Smylie,Snodgrass, Trail, Wood, Mr. Speaker. Total -- 63.

NAYS -- Clark, McKague. Total -- 2.Absent and excused -- Bradford, Campbell, Edmunson,







Bedke, Bell, Black, Block, Boe, Bolz, Cannon, Clark, Collins,Crow, Cuddy, Deal, Denney, Douglas, Eberle, Ellsworth,Eskridge, Field(18), Field(23), Gagner, Garrett, Harwood,Henbest, Jaquet, Jones, Kellogg, Lake, Langford, Langhorst,Martinez, McGeachin, McKague, Meyer, Miller, Mitchell,Moyle, Naccarato, Nielsen, Pasley-Stuart, Raybould, Ridinger,Ring, Ringo, Roberts, Robison, Rydalch, Sali, Sayler, Schaefer,Shepherd, Shirley, Skippen, Smith(30), Smith(24), Smylie,Snodgrass, Stevenson, Trail, Wood, Mr. Speaker. Total -- 65.

NAYS -- Kulczyk. Total -- 1.Absent and excused -- Bradford, Campbell, Edmunson,







Bedke, Bell, Black, Block, Boe, Bolz, Cannon, Clark, Collins,Crow, Cuddy, Deal, Denney, Douglas, Eberle, Edmunson,Ellsworth, Eskridge, Field(18), Field(23), Gagner, Garrett,Harwood, Henbest, Jaquet, Jones, Kellogg, Kulczyk, Lake,


Langford, Langhorst, Martinez, McGeachin, McKague, Meyer,Miller, Mitchell, Moyle, Naccarato, Nielsen, Pasley-Stuart,Raybould, Ridinger, Ring, Ringo, Roberts, Robison, Rydalch,Sali, Sayler, Schaefer, Shepherd, Shirley, Skippen, Smith(30),Smylie, Snodgrass, Stevenson, Trail, Wood, Mr. Speaker.Total -- 66.

NAYS -- None.Absent and excused -- Bradford, Campbell, Smith(24), Wills.







Bedke, Bell, Black, Block, Bolz, Cannon, Clark, Collins, Crow,Cuddy, Deal, Denney, Douglas, Eberle, Edmunson, Ellsworth,Eskridge, Field(18), Field(23), Gagner, Garrett, Harwood,Henbest, Jaquet, Jones, Kellogg, Kulczyk, Lake, Langford,Langhorst, Martinez, McGeachin, McKague, Meyer, Miller,Mitchell, Moyle, Naccarato, Nielsen, Pasley-Stuart, Raybould,Ridinger, Ring, Ringo, Roberts, Robison, Rydalch, Sali, Sayler,Schaefer, Shepherd, Shirley, Skippen, Smith(30), Smylie,Snodgrass, Stevenson, Trail, Wood, Mr. Speaker. Total -- 65.

NAYS -- None.Absent and excused -- Boe, Bradford, Campbell, Smith(24),





Mr. Clark asked unanimous consent that, pursuant toRule (38)3, he be excused from voting on S 1413 due to aconflict of interest. There being no objection, it was so ordered.



Bedke, Bell, Black, Block, Boe, Bolz, Cannon, Collins, Cuddy,Deal, Denney, Douglas, Eberle, Edmunson, Ellsworth, Eskridge,Field(18), Field(23), Gagner, Garrett, Harwood, Henbest,Jaquet, Jones, Kellogg, Kulczyk, Lake, Langford, Langhorst,Martinez, McGeachin, McKague, Meyer, Miller, Mitchell,Moyle, Naccarato, Nielsen, Pasley-Stuart, Raybould, Ridinger,

Ring, Ringo, Roberts, Robison, Rydalch, Sali, Sayler, Schaefer,Shepherd, Shirley, Skippen, Smith(30), Smith(24), Smylie,Snodgrass, Trail, Wood, Mr. Speaker. Total -- 64.

NAYS -- None.Absent and excused -- Bradford, Campbell, Clark, Crow,







Bedke, Bell, Black, Block, Boe, Bolz, Cannon, Clark, Collins,Cuddy, Deal, Denney, Douglas, Eberle, Edmunson, Ellsworth,Eskridge, Field(18), Field(23), Gagner, Garrett, Harwood,Henbest, Jaquet, Jones, Kellogg, Lake, Langford, Langhorst,Martinez, McGeachin, McKague, Meyer, Miller, Mitchell,Moyle, Naccarato, Nielsen, Pasley-Stuart, Raybould, Ridinger,Ring, Ringo, Roberts, Robison, Rydalch, Sali, Sayler, Schaefer,Shepherd, Shirley, Skippen, Smith(30), Smith(24), Snodgrass,Stevenson, Trail, Wood, Mr. Speaker. Total -- 64.

NAYS -- Kulczyk. Total -- 1.Absent and excused -- Bradford, Campbell, Crow, Smylie,




At this time, the Speaker recognized Mrs. Douglas andMr. Eskridge to open debate.

Mr. Sali moved that S 1224 be placed on General Orders forconsideration. Seconded by Mr. Clark.


Roll call resulted as follows:AYES -- Bayer, Cannon, Clark, Crow, Gagner, Kellogg,

Kulczyk, McGeachin, Moyle, Nielsen, Roberts, Sali, Smith(24),Wood. Total -- 14.

NAYS -- Andersen, Barraclough, Barrett, Bauer, Bedke,Bell, Black, Block, Boe, Bolz, Bradford, Collins, Cuddy, Deal,Denney, Douglas, Eberle, Edmunson, Ellsworth, Eskridge,Field(18), Field(23), Garrett, Henbest, Jaquet, Jones, Lake,Langford, Langhorst, Martinez, McKague, Meyer, Miller,


Mitchell, Naccarato, Pasley-Stuart, Raybould, Ridinger, Ring,Ringo, Robison, Rydalch, Sayler, Schaefer, Shepherd, Shirley,Skippen, Smith(30), Smylie, Snodgrass, Stevenson, Trail,Mr. Speaker. Total -- 53.

Absent and excused -- Campbell, Harwood, Wills.Total -- 3.

Total -- 70.

Whereupon the Speaker declared the motion failed.



Bolz, Collins, Cuddy, Deal, Denney, Douglas, Eberle,Edmunson, Ellsworth, Eskridge, Field(18), Field(23), Gagner,Garrett, Henbest, Jaquet, Jones, Lake, Langford, Langhorst,Martinez, McGeachin, McKague, Meyer, Miller, Mitchell,Naccarato, Nielsen, Pasley-Stuart, Raybould, Ridinger, Ring,Ringo, Robison, Rydalch, Sayler, Schaefer, Shepherd, Shirley,Skippen, Smith(30), Smylie, Snodgrass, Trail. Total -- 50.

NAYS -- Barrett, Bayer, Bedke, Bell, Bradford, Cannon,Clark, Crow, Harwood, Kellogg, Kulczyk, Moyle, Roberts, Sali,Smith(24), Stevenson, Wood, Mr. Speaker. Total -- 18.

Absent and excused -- Campbell, Wills. Total -- 2.Total -- 70.






Bedke, Bell, Black, Block, Boe, Bolz, Bradford, Cannon, Clark,Collins, Crow, Cuddy, Deal, Denney, Douglas, Eberle,Edmunson, Ellsworth, Eskridge, Field(18), Field(23), Garrett,Harwood, Henbest, Jaquet, Jones, Kellogg, Kulczyk, Lake,Langford, Langhorst, Martinez, McGeachin, McKague, Meyer,Miller, Mitchell, Moyle, Naccarato, Nielsen, Pasley-Stuart,Ridinger, Ring, Ringo, Roberts, Robison, Rydalch, Sali, Sayler,Shepherd, Shirley, Skippen, Smith(30), Smith(24), Smylie,Snodgrass, Stevenson, Trail, Wood, Mr. Speaker. Total -- 65.

NAYS -- None.Absent and excused -- Campbell, Gagner, Raybould,

Schaefer, Wills. Total -- 5.Total -- 70.


Mr. Moyle asked unanimous consent that H 809 be placed onGeneral Orders for consideration. There being no objection, itwas so ordered.


At this time, the Speaker recognized Mr. Sayler and Mr. Salito open debate.

Mrs. Field(18) asked unanimous consent that S 1302 retain itsplace on the Third Reading Calendar for one Legislative Day.There being no objection, it was so ordered.



RECESS

Afternoon Session


Roll call showed 68 members present.Absent and excused -- Campbell, Wills. Total -- 2.Total -- 70.









We, your COMMITTEE OF THE WHOLE HOUSE, reportthat we have had under consideration HJM 23 and H 809 andreport them back without recommendation, amended as follows:

HOUSE AMENDMENT TO HJM 23

AMENDMENT TO THE MEMORIALOn page 1 of the printed memorial, in line 15 delete

"04-CV-0061-BR" and insert: "04-CV-0061-RE"; and in line 38,delete "increase" and insert: "decrease".


AMENDMENTS TO THE BILLOn page 1 of the printed bill, delete lines 24 through 41; and

in line 42, delete "SECTION 2" and insert: "SECTION 1".


CORRECTION TO TITLEOn page 1, delete lines 2 through 9 and insert:"RELATING TO AN ELECTION ON PROPERTY TAX

RELATED MATTERS; AMENDING SECTION 63-802,IDAHO CODE, TO PROVIDE THAT ANY".

MOYLE, Chairman



HJM 23, as amended, and H 809, as amended, were referredto the Judiciary, Rules, and Administration Committee forengrossing.








Black, Block, Boe, Bolz, Bradford, Cannon, Clark, Collins,Crow, Cuddy, Denney, Douglas, Eberle, Edmunson, Ellsworth,Eskridge, Field(18), Field(23), Gagner, Garrett, Harwood,Henbest, Jaquet, Jones, Kulczyk, Lake, Langford, Langhorst,Martinez, McGeachin, McKague, Meyer, Miller, Moyle,Nielsen, Pasley-Stuart, Raybould, Ridinger, Ring, Ringo,Roberts, Robison, Rydalch, Sayler, Schaefer, Shepherd, Shirley,Skippen, Smith(30), Smith(24), Smylie, Snodgrass, Stevenson,Wood, Mr. Speaker. Total -- 61.

NAYS -- Barrett, Kellogg, Mitchell. Total -- 3.Absent and excused -- Campbell, Deal, Naccarato, Sali,

Trail, Wills. Total -- 6.Total -- 70.




Mrs. Ellsworth asked unanimous consent that, pursuant toRule 22, discussion of other bills be allowed in debate of S 1304.There being no objection, it was so ordered.



Bedke, Bell, Black, Block, Boe, Bolz, Bradford, Cannon, Clark,Collins, Crow, Cuddy, Denney, Douglas, Eberle, Edmunson,Ellsworth, Eskridge, Field(18), Field(23), Gagner, Garrett,Harwood, Henbest, Jaquet, Jones, Kellogg, Kulczyk, Lake,Langford, Langhorst, Martinez, McGeachin, McKague, Meyer,Miller, Mitchell, Moyle, Naccarato, Nielsen, Pasley-Stuart,Raybould, Ridinger, Ring, Ringo, Roberts, Robison, Rydalch,Sali, Sayler, Schaefer, Shepherd, Shirley, Skippen, Smith(30),Smith(24), Smylie, Snodgrass, Stevenson, Wood, Mr. Speaker.Total -- 66.

NAYS -- None.Absent and excused -- Campbell, Deal, Trail, Wills.







Black, Block, Boe, Bolz, Bradford, Cannon, Clark, Collins,Crow, Cuddy, Deal, Denney, Douglas, Eberle, Edmunson,Ellsworth, Eskridge, Field(18), Field(23), Gagner, Garrett,Harwood, Henbest, Jaquet, Jones, Kellogg, Lake, Langford,Langhorst, Martinez, McGeachin, McKague, Meyer, Miller,Mitchell, Moyle, Naccarato, Nielsen, Pasley-Stuart, Raybould,Ridinger, Ring, Ringo, Roberts, Robison, Rydalch, Sali, Sayler,Schaefer, Shepherd, Shirley, Skippen, Smith(30), Smith(24),Smylie, Snodgrass, Stevenson, Wood, Mr. Speaker. Total -- 65.

NAYS -- Barrett, Kulczyk. Total -- 2.Absent and excused -- Campbell, Trail, Wills. Total -- 3.Total -- 70.






Black, Block, Boe, Bolz, Bradford, Cannon, Clark, Collins,Crow, Cuddy, Deal, Denney, Douglas, Eberle, Edmunson,Ellsworth, Eskridge, Field(18), Field(23), Gagner, Garrett,Harwood, Henbest, Jaquet, Jones, Kellogg, Lake, Langford,


Langhorst, Martinez, McGeachin, McKague, Meyer, Miller,Mitchell, Moyle, Naccarato, Nielsen, Pasley-Stuart, Raybould,Ridinger, Ring, Ringo, Roberts, Robison, Rydalch, Sali, Sayler,Schaefer, Shepherd, Shirley, Skippen, Smith(30), Smith(24),Smylie, Snodgrass, Stevenson, Wood, Mr. Speaker. Total -- 65.

NAYS -- Barrett, Kulczyk. Total -- 2.Absent and excused -- Campbell, Trail, Wills. Total -- 3.Total -- 70.





Mr. Denney moved that all rules of the House interferingwith the immediate consideration of H 751, as amended, besuspended; that the portions of Section 15, Article 3 of theConstitution of the State of Idaho, requir ing all bills to be read onthree several days be dispensed with, this being a case ofurgency; and that H 751, as amended, be read the first time bytitle, second time by title, and third time at length, section bysection, and placed before the House for final consideration.Seconded by Ms. Jaquet.



Bedke, Bell, Black, Block, Boe, Bolz, Bradford, Cannon, Clark,Collins, Crow, Cuddy, Deal, Denney, Douglas, Eberle,Edmunson, Ellsworth, Eskridge, Field(18), Field(23), Gagner,Garrett, Harwood, Henbest, Jaquet, Jones, Kellogg, Lake,Langford, Langhorst, Martinez, McGeachin, McKague, Meyer,Miller, Mitchell, Moyle, Naccarato, Nielsen, Pasley-Stuart,Raybould, Ridinger, Ring, Ringo, Roberts, Robison, Rydalch,Sali, Sayler, Schaefer, Shepherd, Shirley, Skippen, Smith(30),Smith(24), Smylie, Snodgrass, Stevenson, Wood, Mr. Speaker.Total -- 66.

NAYS -- None.Absent and excused -- Campbell, Kulczyk, Trail, Wills.


Whereupon the Speaker declared that more than two-thirds ofthe membership having voted in the affirmative, the motioncarried, the rules were suspended, and H 751, as amended, wasread the first time by title, second time by title, and third time atlength, section by section, and placed before the House for finalconsideration.




Bedke, Bell, Black, Block, Boe, Bolz, Bradford, Cannon, Clark,Collins, Crow, Cuddy, Deal, Denney, Douglas, Eberle,Edmunson, Ellsworth, Eskridge, Field(18), Field(23), Gagner,Garrett, Henbest, Jaquet, Jones, Kellogg, Kulczyk, Lake,Langford, Langhorst, Martinez, McGeachin, McKague, Meyer,Miller, Mitchell, Moyle, Naccarato, Nielsen, Pasley-Stuart,Raybould, Ridinger, Ring, Ringo, Roberts, Robison, Rydalch,Sali, Sayler, Schaefer, Shepherd, Shirley, Skippen, Smith(30),Smith(24), Smylie, Snodgrass, Stevenson, Wood, Mr. Speaker.Total -- 66.

NAYS -- Harwood. Total -- 1.Absent and excused -- Campbell, Trail, Wills. Total -- 3.Total -- 70.


Mr. Denney moved that all rules of the House interferingwith the immediate consideration of H 754, as amended, besuspended; that the portions of Section 15, Article 3 of theConstitution of the State of Idaho, requir ing all bills to be read onthree several days be dispensed with, this being a case ofurgency; and that H 754, as amended, be read the first time bytitle, second time by title, and third time at length, section bysection, and placed before the House for final consideration.Seconded by Ms. Jaquet.



Bedke, Bell, Black, Block, Boe, Bolz, Bradford, Cannon, Clark,Collins, Crow, Cuddy, Deal, Denney, Douglas, Eberle,Edmunson, Ellsworth, Eskridge, Field(18), Field(23), Gagner,Garrett, Harwood, Henbest, Jaquet, Jones, Kellogg, Lake,Langford, Langhorst, Martinez, McGeachin, McKague, Meyer,Miller, Mitchell, Moyle, Naccarato, Nielsen, Pasley-Stuart,Raybould, Ridinger, Ring, Ringo, Roberts, Robison, Rydalch,Sali, Sayler, Schaefer, Shepherd, Shirley, Skippen, Smith(30),Smith(24), Smylie, Snodgrass, Stevenson, Wood, Mr. Speaker.Total -- 66.

NAYS -- None.Absent and excused -- Campbell, Kulczyk, Trail, Wills.


Whereupon the Speaker declared that more than two-thirds ofthe membership having voted in the affirmative, the motioncarried, the rules were suspended, and H 754, as amended, wasread the first time by title, second time by title, and third time atlength, section by section, and placed before the House for finalconsideration.

At this time, the Speaker recognized Mr. Roberts,Mrs. McGeachin, and Mr. Bayer to open debate.



Roll call resulted as follows:AYES -- Barraclough, Barrett, Bauer, Bayer, Bedke,

Bradford, Collins, Crow, Denney, Eberle, Ellsworth, Eskridge,Field(23), Garrett, Harwood, Kulczyk, Lake, Langford,McGeachin, McKague, Moyle, Nielsen, Raybould, Roberts,Rydalch, Sali, Schaefer, Skippen, Wood, Mr. Speaker.Total -- 30.

NAYS -- Andersen, Bell, Black, Block, Boe, Bolz, Cannon,Clark, Cuddy, Deal, Douglas, Edmunson, Field(18), Henbest,Jaquet, Jones, Kellogg, Langhorst, Martinez, Meyer, Miller,Mitchell, Naccarato, Pasley-Stuart, Ridinger, Ring, Ringo,Robison, Sayler, Shepherd, Shirley, Smith(30), Smith(24),Smylie, Snodgrass, Stevenson, Trail. Total -- 37.

Absent and excused -- Campbell, Gagner, Wills. Total -- 3.Paired Votes: AYE -- Collins. NAY -- Pasley-Stuart. AYE -- Bedke. NAY -- Snodgrass. AYE -- Eberle. NAY -- Deal.(Pairs enumerated in roll call above.)Total -- 70.

Whereupon the Speaker declared H 754, as amended, failedto pass the House and ordered the bill filed in the Office of theChief Clerk.


Adjournment

Mr. Moyle moved that the House adjourn until 9:30 a.m.,Thursday, March 11, 2004. Seconded by Ms. Jaquet. Motioncarried.




SIXTIETH LEGISLATIVE DAYTHURSDAY, MARCH 11, 2004


The House convened at 9:30 a.m., Mr. Denney in the Chair.

Roll call showed 66 members present.Absent and excused -- Bedke, Robison, Stevenson,




Approval of Journal


We, your COMMITTEE ON JUDICIARY, RULES, ANDADMINISTRATION, report that we have read and approved theHouse Journal of the Fifty-ninth Legislative Day and recommendthat same be adopted as corrected.

FIELD(18), Chairman




March 10, 2004




H 477, H 478, H 479, H 481, H 715, H 718, H 721, H 722,H 723, H 732, H 733, H 734, H 735, H 736, and H 737


Governor


I transmit herewith enrolled S 1210, S 1221, S 1237, S 1244,S 1245, S 1246, S 1248, S 1249, S 1255, S 1264, S 1266,S 1267, S 1268, S 1295, S 1296, and SCR 120 for the signatureof the Speaker.

WOOD, Secretary

The Speaker Pro Tem announced that enrolled S 1210,S 1221, S 1237, S 1244, S 1245, S 1246, S 1248, S 1249,S 1255, S 1264, S 1266, S 1267, S 1268, S 1295, S 1296, andSCR 120 would be signed by the Speaker, and when so signed,ordered them returned to the Senate.


I return herewith enrolled H 500, as amended in the Senate,which has been signed by the President. WOOD, Secretary

Enrolled H 500, as amended in the Senate, was referred tothe Judiciary, Rules, and Administration Committee for deliveryto the Governor.


I transmit herewith S 1420 which has passed the Senate.WOOD, Secretary




I return herewith H 542, H 551, H 553, H 561, H 562,H 534, H 546, H 547, H 548, H 533, H 484, H 485, H 483,H 486, H 505, H 506, H 522, H 523, H 607, H 509, H 535,H 536, H 588, H 610, H 554, H 567, H 601, H 605, H 611,H 493, H 489, H 491, H 494, H 497, H 490, H 492, H 496,H 518, H 537, H 538, and H 480 which have passed the Senate.

WOOD, Secretary

H 542, H 551, H 553, H 561, H 562, H 534, H 546, H 547,H 548, H 533, H 484, H 485, H 483, H 486, H 505, H 506,H 522, H 523, H 607, H 509, H 535, H 536, H 588, H 610,H 554, H 567, H 601, H 605, H 611, H 493, H 489, H 491,H 494, H 497, H 490, H 492, H 496, H 518, H 537, H 538, andH 480 were referred to the Judiciary, Rules, and AdministrationCommittee for enrolling.


I return herewith H 498 which has failed the Senate.WOOD, Secretary

H 498 was filed in the Office of the Chief Clerk.


March 11, 2004


ADMINISTRATION report that we have printed H 833 andH 834 and House Amendments to H 757, H 760, H 761, H 816,HJM 23, and H 809.

FIELD(18), Chairman

H 833 and H 834 were referred to the Business Committee.

March 11, 2004


ADMINISTRATION, report that we have enrolled HJM 15,HCR 40, HJM 17, HCR 39, and HCR 45.

FIELD(18), Chairman

The Speaker Pro Tem announced that enrolled HJM 15,HCR 40, HJM 17, HCR 39, and HCR 45, would be signed bythe Speaker, and when so signed, ordered them transmitted to theSenate for the signature of the President.

March 11, 2004


ADMINISTRATION, report that we have engrossed H 757, asamended, H 760, as amended, H 761, as amended, H 816, asamended, HJM 23, as amended, and H 809, as amended.

FIELD(18), Chairman

H 757, as amended, H 760, as amended, H 761, as amended,H 816, as amended, HJM 23, as amended, and H 809, asamended, were filed for first reading of engrossed bills.


We, your COMMITTEE ON TRANSPORTATION ANDDEFENSE, report that we have had under consideration S 1311,SJM 109, and S 1275 and recommend that they do pass.

WOOD, Chairman

S 1311, SJM 109, and S 1275 were filed for second reading.






H 760, as amended, H 761, as amended, and H 809, asamended, by Revenue and Taxation Committee, were introduced,read the first time by title and filed for second reading.

H 816, as amended, and HJM 23, as amended, by Ways andMeans Committee, were introduced, read the first time by titleand filed for second reading.


H 828 and H 747, by Revenue and Taxation Committee,were read the second time by title and filed for third reading.


HJM 25 and HJM 24, by Ways and Means Committee, wereread the second time by title and filed for third reading.

S 1282 and SCR 129, by State Affairs Committee, were readthe second time by title and filed for third reading.

S 1256, S 1257, S 1258, S 1259, and S 1276, by Commerceand Human Resources Committee, were read the second time bytitle and filed for third reading.



S 1367, by Resources and Environment Committee, was readthe second time by title and filed for third reading.

S 1430, S 1431, S 1432, S 1433, and S 1434, by FinanceCommittee, were read the second time by title and filed for thirdreading.




At this time, the Speaker Pro Tem recognized Mr. Mitchell toopen debate.


Roll call resulted as follows:AYES -- Andersen, Barraclough, Barrett, Bauer , Bayer, Bell,

Block, Boe, Bolz, Bradford, Campbell, Cannon, Clark, Collins,Crow, Cuddy, Deal, Denney, Douglas, Eberle, Edmunson,Ellsworth, Eskridge, Field(18), Field(23), Gagner, Garrett,Harwood, Henbest, Jaquet, Jones, Kellogg, Kulczyk, Lake,Langford, Langhorst, Martinez, McGeachin, McKague, Meyer,Miller, Mitchell, Moyle, Naccarato, Nielsen, Pasley-Stuart,Raybould, Ridinger, Ring, Ringo, Roberts, Rydalch, Sali,Sayler, Schaefer, Shepherd, Shirley, Skippen, Smith(30),Smith(24), Smylie, Snodgrass, Trail, Wood. Total -- 64.

NAYS -- None.Absent and excused -- Bedke, Black, Robison, Stevenson,

Wills, Mr. Speaker. Total -- 6.Total -- 70.





Roll call resulted as follows:AYES -- Andersen, Barraclough, Barrett, Bauer, Bell, Block,

Boe, Bolz, Bradford, Campbell, Cannon, Clark, Collins, Crow,Cuddy, Deal, Denney, Douglas, Eberle, Edmunson, Ellsworth,Eskridge, Field(18), Field(23), Gagner, Garrett, Harwood,Henbest, Jaquet, Jones, Kellogg, Kulczyk, Lake, Langford,Langhorst, Martinez, McGeachin, McKague, Meyer, Miller,Mitchell, Moyle, Naccarato, Nielsen, Pasley-Stuart, Raybould,Ridinger, Ring, Ringo, Roberts, Rydalch, Sali, Sayler, Schaefer,Shepherd, Shirley, Skippen, Smith(30), Smith(24), Smylie,Snodgrass, Trail, Wood. Total -- 63.

NAYS -- Bayer. Total -- 1.Absent and excused -- Bedke, Black, Robison, Stevenson,







Block, Boe, Bolz, Bradford, Campbell, Cannon, Clark, Collins,Crow, Cuddy, Deal, Denney, Douglas, Eberle, Edmunson,Ellsworth, Eskridge, Field(18), Field(23), Gagner, Garrett,Harwood, Henbest, Jaquet, Jones, Kellogg, Kulczyk, Lake,Langford, Langhorst, Martinez, McGeachin, McKague, Meyer,Miller, Mitchell, Moyle, Naccarato, Nielsen, Pasley-Stuart,Raybould, Ridinger, Ring, Ringo, Roberts, Rydalch, Sayler,Schaefer, Shepherd, Shirley, Skippen, Smith(30), Smith(24),Smylie, Snodgrass, Trail, Wood. Total -- 63.

NAYS -- None.Absent and excused -- Bedke, Black, Robison, Sali,

Stevenson, Wills, Mr. Speaker. Total -- 7.Total -- 70.






Black, Block, Boe, Bolz, Bradford, Campbell, Cannon, Clark,Collins, Crow, Cuddy, Deal, Denney, Douglas, Eberle,Edmunson, Ellsworth, Eskridge, Field(18), Field(23), Gagner,Garrett, Harwood, Henbest, Jaquet, Jones, Kellogg, Kulczyk,Lake, Langford, Langhorst, Martinez, McGeachin, McKague,Meyer, Miller, Mitchell, Moyle, Naccarato, Nielsen,Pasley-Stuart, Raybould, Ridinger, Ring, Ringo, Roberts,Rydalch, Sali, Sayler, Shepherd, Shirley, Skippen, Smith(30),Smith(24), Smylie, Snodgrass, Trail, Wood. Total -- 64.

NAYS -- None.Absent and excused -- Bedke, Robison, Schaefer, Stevenson,







Black, Block, Boe, Bolz, Bradford, Campbell, Cannon, Clark,Collins, Cuddy, Deal, Denney, Douglas, Eberle, Edmunson,


Ellsworth, Eskridge, Field(18), Field(23), Gagner, Garrett,Harwood, Henbest, Jaquet, Jones, Kellogg, Kulczyk, Lake,Langford, Langhorst, Martinez, McGeachin, McKague, Meyer,Miller, Mitchell, Moyle, Naccarato, Nielsen, Pasley-Stuart,Raybould, Ridinger, Ring, Ringo, Roberts, Rydalch, Sali,Sayler, Shepherd, Shirley, Skippen, Smith(30), Smylie,Snodgrass, Trail, Wood. Total -- 62.

NAYS -- None.Absent and excused -- Bedke, Crow, Robison, Schaefer,

Smith(24), Stevenson, Wills, Mr. Speaker. Total -- 8.Total -- 70.






Black, Block, Boe, Bolz, Bradford, Campbell, Cannon, Clark,Collins, Cuddy, Deal, Denney, Douglas, Eberle, Edmunson,Ellsworth, Eskridge, Field(18), Field(23), Gagner, Garrett,Harwood, Henbest, Jaquet, Jones, Kellogg, Kulczyk, Lake,Langford, Langhorst, Martinez, McGeachin, McKague, Meyer,Miller, Mitchell, Moyle, Naccarato, Nielsen, Pasley-Stuart,Raybould, Ridinger, Ring, Ringo, Roberts, Rydalch, Sali,Sayler, Shepherd, Shirley, Skippen, Smith(30), Smylie,Snodgrass, Trail, Wood. Total -- 62.

NAYS -- None.Absent and excused -- Bedke, Crow, Robison, Schaefer,




At this time, the Speaker Pro Tem recognized Mr. Mitchell toopen debate.



Block, Boe, Bolz, Bradford, Cannon, Clark, Collins, Deal,Denney, Douglas, Eberle, Edmunson, Ellsworth, Eskridge,Field(18), Field(23), Gagner, Garrett, Harwood, Henbest,Jaquet, Jones, Kellogg, Kulczyk, Lake, Langford, Langhorst,Martinez, McGeachin, McKague, Meyer, Miller, Mitchell,Moyle, Naccarato, Nielsen, Pasley-Stuart, Raybould, Ridinger,

Ring, Ringo, Rydalch, Sali, Sayler, Shepherd, Shirley, Skippen,Smith(30), Smylie, Snodgrass, Trail, Wood. Total -- 58.

NAYS -- Barrett, Campbell, Cuddy, Roberts. Total -- 4.Absent and excused -- Bedke, Crow, Robison, Schaefer,







Black, Block, Boe, Bolz, Bradford, Cannon, Clark, Collins,Crow, Deal, Denney, Douglas, Eberle, Edmunson, Ellsworth,Eskridge, Field(18), Field(23), Gagner, Garrett, Harwood,Henbest, Jaquet, Jones, Kellogg, Kulczyk, Lake, Langford,Langhorst, Martinez, McGeachin, McKague, Meyer, Miller,Mitchell, Moyle, Naccarato, Nielsen, Pasley-Stuart, Raybould,Ridinger, Ring, Ringo, Roberts, Rydalch, Sali, Sayler, Shepherd,Shirley, Skippen, Smith(30), Smylie, Snodgrass, Trail, Wood.Total -- 61.

NAYS -- Campbell, Cuddy. Total -- 2.Absent and excused -- Bedke, Robison, Schaefer, Smith(24),

Stevenson, Wills, Mr. Speaker. Total -- 7.Total -- 70.






Block, Boe, Bolz, Bradford, Cannon, Clark, Collins, Crow,Deal, Denney, Douglas, Eberle, Edmunson, Ellsworth, Eskridge,Field(18), Field(23), Gagner, Garrett, Harwood, Henbest,Jaquet, Jones, Kellogg, Kulczyk, Lake, Langford, Langhorst,Martinez, McKague, Meyer, Miller, Mitchell, Moyle, Naccarato,Nielsen, Pasley-Stuart, Raybould, Ridinger, Ring, Ringo,Roberts, Rydalch, Sali, Sayler, Shepherd, Shirley, Skippen,Smith(30), Smith(24), Smylie, Snodgrass, Trail, Wood.Total -- 60.

NAYS -- Barrett, Campbell, Cuddy, McGeachin. Total -- 4.Absent and excused -- Bedke, Robison, Schaefer, Stevenson,







Roll call resulted as follows:AYES -- Barraclough, Barrett, Bauer, Bayer, Bell, Block,

Boe, Bolz, Bradford, Cannon, Clark, Collins, Crow, Deal,Denney, Eberle, Edmunson, Ellsworth, Eskridge, Field(18),Field(23), Gagner, Garrett, Harwood, Jaquet, Jones, Kellogg,Kulczyk, Lake, Langford, McGeachin, McKague, Meyer,Miller, Moyle, Nielsen, Raybould, Ridinger, Ring, Roberts,Rydalch, Sali, Shepherd, Shirley, Skippen, Smith(24),Snodgrass, Wood. Total -- 48.

NAYS -- Andersen, Campbell, Cuddy, Douglas, Henbest,Langhorst, Martinez, Mitchell, Naccarato, Pasley-Stuart, Ringo,Sayler, Smith(30), Trail. Total -- 14.

Absent and excused -- Bedke, Black, Robison, Schaefer,Smylie, Stevenson, Wills, Mr. Speaker. Total -- 8.

Total -- 70.



At this time, the Speaker Pro Tem recognized Mr. Shirley toopen debate.


Roll call resulted as follows:AYES -- Andersen, Barraclough, Barrett, Bauer, Bayer , Bell,

Black, Block, Bolz, Bradford, Campbell, Cannon, Collins,Crow, Cuddy, Deal, Denney, Eberle, Edmunson, Field(18),Field(23), Gagner, Garrett, Jones, Kellogg, Lake, Langford,McGeachin, McKague, Meyer, Miller, Mitchell, Naccarato,Nielsen, Pasley-Stuart, Raybould, Ridinger, Ring, Roberts,Rydalch, Schaefer, Shirley, Skippen, Smith(24), Snodgrass,Wood. Total -- 46.

NAYS -- Boe, Clark, Douglas, Ellsworth, Eskridge,Harwood, Henbest, Jaquet, Kulczyk, Langhorst, Martinez,Moyle, Ringo, Sali, Sayler, Shepherd, Smith(30), Trail.Total -- 18.

Absent and excused -- Bedke, Robison, Smylie, Stevenson,Wills, Mr. Speaker. Total -- 6.

Total -- 70.





I return herewith H 524, as amended in the Senate, which haspassed the Senate.

WOOD, Secretary


Mr. Meyer asked unanimous consent that the House concur inthe Senate amendments to H 524, as amended in the Senate.There being no objection, it was so ordered.






RECESS

Afternoon Session


Roll call showed 68 members present.Absent and excused -- Robison, Smylie. Total -- 2.Total -- 70.





Mrs. Field(18) asked unanimous consent that H 666, asamended, be returned to the Judiciary, Rules, and AdministrationCommittee. There being no objection, it was so ordered.





Roll call resulted as follows:AYES -- Barraclough, Barrett, Bayer, Bedke, Bell, Black,

Block, Boe, Bolz, Campbell, Cannon, Collins, Cuddy, Denney,Douglas, Eberle, Edmunson, Ellsworth, Eskridge, Field(18),Field(23), Garrett, Harwood, Jones, Langford, McGeachin,McKague, Meyer, Miller, Nielsen, Ridinger, Ring, Ringo,Rydalch, Sayler, Schaefer, Shepherd, Shirley, Skippen,Snodgrass, Trail, Wills, Wood. Total -- 43.

NAYS -- Andersen, Bauer, Bradford, Clark, Crow, Deal,Gagner, Henbest, Jaquet, Kellogg, Kulczyk, Lake, Langhorst,Martinez, Mitchell, Moyle, Naccarato, Pasley-Stuart, Roberts,Sali, Smith(30), Smith(24), Mr. Speaker. Total -- 23.

Absent and excused -- Raybould, Robison, Smylie,Stevenson. Total -- 4.

Total -- 70.







Bedke, Bell, Black, Block, Boe, Bolz, Bradford, Campbell,Cannon, Clark, Collins, Crow, Cuddy, Deal, Denney, Douglas,Eberle, Edmunson, Ellsworth, Field(18), Field(23), Gagner,Garrett, Harwood, Jones, Kulczyk, Lake, Langford, Langhorst,Martinez, McGeachin, McKague, Meyer, Miller, Mitchell,Moyle, Naccarato, Nielsen, Pasley-Stuart, Ridinger, Ring,Ringo, Roberts, Rydalch, Sali, Sayler, Schaefer, Shepherd,Shirley, Skippen, Smith(30), Smith(24), Snodgrass, Trail, Wills,Wood. Total -- 61.

NAYS -- Kellogg. Total -- 1.Absent and excused -- Eskridge, Henbest, Jaquet, Raybould,

Robison, Smylie, Stevenson, Mr. Speaker. Total -- 8.Total -- 70.



At this time, the Speaker Pro Tem recognized Mr. Roberts toopen debate.



Black, Block, Bolz, Bradford, Campbell, Cannon, Clark,Collins, Crow, Cuddy, Deal, Denney, Douglas, Eberle,

Edmunson, Ellsworth, Field(18), Field(23), Gagner, Garrett,Harwood, Jones, Kellogg, Kulczyk, Lake, Langford,McGeachin, McKague, Meyer, Moyle, Naccarato, Nielsen,Pasley-Stuart, Ridinger, Ring, Roberts, Rydalch, Sali, Schaefer,Shepherd, Shirley, Skippen, Snodgrass, Wills, Wood.Total -- 51.

NAYS -- Andersen, Boe, Henbest, Langhorst, Martinez,Mitchell, Ringo, Sayler, Smith(30), Trail. Total -- 10.

Absent and excused -- Eskridge, Jaquet, Miller, Raybould,Robison, Smith(24), Smylie, Stevenson, Mr. Speaker.Total -- 9.

Total -- 70.


H 1302, having previously been read the third time at length,was placed before the House for final consideration.




Bedke, Bell, Black, Block, Bolz, Bradford, Campbell, Cannon,Collins, Crow, Cuddy, Deal, Denney, Douglas, Eberle,Edmunson, Ellsworth, Eskridge, Field(18), Field(23), Garrett,Harwood, Jaquet, Kellogg, Kulczyk, Langford, Langhorst,Martinez, McGeachin, McKague, Meyer, Miller, Moyle,Naccarato, Nielsen, Pasley-Stuart, Raybould, Ridinger, Ring,Ringo, Roberts, Rydalch, Sali, Sayler, Schaefer, Shepherd,Shirley, Skippen, Smith(30), Snodgrass, Stevenson, Trail, Wills,Wood, Mr. Speaker. Total -- 60.

NAYS -- Boe, Clark, Gagner, Henbest, Jones, Lake,Mitchell, Smith(24). Total -- 8.

Absent and excused -- Robison, Smylie. Total -- 2.Total -- 70.





Roll call resulted as follows:AYES -- Andersen, Barraclough, Barrett, Bayer , Bedke,

Bell, Black, Block, Boe, Bolz, Bradford, Campbell, Cannon,Clark, Collins, Crow, Cuddy, Deal, Denney, Douglas, Eberle,Edmunson, Ellsworth, Eskridge, Field(18), Field(23), Gagner,Garrett, Harwood, Henbest, Jaquet, Jones, Kellogg, Lake,Langford, Langhorst, Martinez, McGeachin, McKague, Meyer,Miller, Mitchell, Moyle, Naccarato, Nielsen, Pasley-Stuart,


Raybould, Ridinger, Ring, Ringo, Roberts, Rydalch, Sali,Sayler, Schaefer, Shepherd, Shirley, Skippen, Smith(30),Smith(24), Snodgrass, Stevenson, Trail, Wills, Wood,Mr. Speaker. Total -- 66.

NAYS -- None.Absent and excused -- Bauer, Kulczyk, Robison, Smylie.




At this time, the Speaker recognized Mr. Bradford to opendebate.



Bell, Black, Block, Boe, Bradford, Campbell, Cannon, Clark,Collins, Crow, Cuddy, Denney, Douglas, Eberle, Edmunson,Ellsworth, Eskridge, Field(18), Field(23), Gagner, Garrett,Henbest, Jaquet, Jones, Kellogg, Lake, Langford, Langhorst,Martinez, McGeachin, McKague, Meyer, Miller, Mitchell,Naccarato, Nielsen, Pasley-Stuart, Raybould, Ridinger, Ring,Ringo, Roberts, Rydalch, Sali, Sayler, Schaefer, Shepherd,Shirley, Skippen, Smith(30) Smith(24), Snodgrass, Stevenson,Trail, Wills, Wood, Mr. Speaker. Total -- 62.

NAYS -- Bolz, Moyle. Total -- 2.Absent and excused -- Bauer, Deal, Harwood, Kulczyk,

Robison, Smylie. Total -- 6.Total -- 70.







At this time, the Speaker recognized Mrs. Miller to opendebate.







Bedke, Bell, Black, Block, Boe, Bolz, Bradford, Campbell,Cannon, Clark, Collins, Crow, Cuddy, Deal, Denney, Douglas,Eberle, Edmunson, Ellsworth, Eskridge, Field(18), Field(23),Gagner, Garrett, Harwood, Henbest, Jaquet, Jones, Kellogg,Lake, Langford, Langhorst, Martinez, McGeachin, McKague,Meyer, Miller, Mitchell, Nielsen, Pasley-Stuart, Raybould,Ridinger, Ring, Ringo, Roberts, Rydalch, Sali, Sayler, Schaefer,Shepherd, Shirley, Skippen, Smith(30), Smith(24), Snodgrass,Stevenson, Trail, Wills, Wood, Mr. Speaker. Total -- 65.

NAYS -- None.Absent and excused -- Kulczyk, Moyle, Naccarato, Robison,

Smylie. Total -- 5.Total -- 70.


S 1279, as amended, as amended in the House, was read thethird time at length, section by section, and placed before theHouse for final consideration.


The question being, "Shall S 1279, as amended, as amendedin the House, pass?"

Roll call resulted as follows:AYES -- Andersen, Barraclough, Barrett, Bauer , Bayer, Bell,

Black, Block, Boe, Bolz, Bradford, Campbell, Cannon, Clark,Collins, Crow, Cuddy, Deal, Denney, Douglas, Eberle,Edmunson, Ellsworth, Eskridge, Field(18), Field(23), Gagner,Garrett, Harwood, Henbest, Jaquet, Jones, Kellogg, Lake,Langford, Langhorst, Martinez, McGeachin, McKague, Meyer,Miller, Mitchell, Moyle, Naccarato, Nielsen, Pasley-Stuart,Raybould, Ridinger, Ring, Ringo, Roberts, Rydalch, Sali,Sayler, Schaefer, Shepherd, Shirley, Skippen, Smith(30),Smith(24), Snodgrass, Stevenson, Trail, Wills, Wood,Mr. Speaker. Total -- 66.

NAYS -- None.Absent and excused -- Bedke, Kulczyk, Robison, Smylie.


Whereupon the Speaker declared S 1279, as amended, asamended in the House, passed the House. Title was approvedand the bill was ordered returned to the Senate.




March 11, 2004

Mr. Speaker:I transmit herewith S 1353, S 1416, S 1440, S 1437, S 1287,

as amended, and S 1301, as amended, which have passed theSenate.

WOOD, Secretary

S 1353, S 1416, S 1440, S 1437, S 1287, as amended, andS 1301, as amended, were filed for first reading.






S 1437, by State Affairs Committee, was introduced, read thefirst time by title, and referred to the Revenue and TaxationCommittee.

S 1287, as amended, by Transportation Committee, wasintroduced, read the first time by title, and referred to theTransportation and Defense Committee.

S 1301, as amended, by Health and Welfare Committee, wasintroduced, read the first time by title, and referred to the Healthand Welfare Committee.


Adjournment

Mr. Denney moved that the House adjourn until 9:30 a.m.,Friday, March 12, 2004. Seconded by Ms. Jaquet. Motioncarried.




SIXTY-FIRST LEGISLATIVE DAYFRIDAY, MARCH 12, 2004



Roll call showed 69 members present.Absent and excused -- Henbest. Total -- 1.Total -- 70.



Approval of Journal


We, your COMMITTEE ON JUDICIARY, RULES, ANDADMINISTRATION, report that we have read and approved theHouse Journal of the Sixtieth Legislative Day and recommendthat same be adopted as corrected.

FIELD(18), Chairman




I transmit herewith enrolled S 1234, as amended, S 1240,S 1241, S 1242, S 1250, S 1251, S 1263, S 1274, S 1281,S 1291, S 1299, S 1306, S 1318, and S 1320 for the signature ofthe Speaker.

WOOD, Secretary

The Speaker announced he was about to sign enrolled S 1234,as amended, S 1240, S 1241, S 1242, S 1250, S 1251, S 1263,S 1274, S 1281, S 1291, S 1299, S 1306, S 1318, and S 1320and, when so signed, ordered them returned to the Senate.


I return herewith enrolled HCR 51 and HCR 47 which havebeen signed by the President.

WOOD, Secretary

Enrolled HCR 51 and HCR 47 were referred to theJudiciary, Rules, and Administration Committee for delivery tothe Secretary of State.


I return herewith HCR 49 and HCR 46 which have passedthe Senate.

WOOD, Secretary

HCR 49 and HCR 46 were referred to the Judiciary, Rules,and Administration Committee for enrolling.




We, your COMMITTEE ON JUDICIARY, RULES, ANDADMINISTRATION, report that we have enrolled H 542,H 551, H 553, H 561, H 562, H 534, H 546, H 547, H 548,H 533, H 484, H 485, H 483, H 486, H 505, H 506, H 522,H 523, H 607, H 509, H 535, H 536, H 588, H 610, H 554,H 567, H 601, H 605, H 611, H 493, H 489, H 491, H 494,H 497, H 490, H 492, H 496, H 518, H 537, H 538, and H 480.

FIELD(18), Chairman

The Speaker announced he was about to sign enrolled H 542,H 551, H 553, H 561, H 562, H 534, H 546, H 547, H 548,H 533, H 484, H 485, H 483, H 486, H 505, H 506, H 522,H 523, H 607, H 509, H 535, H 536, H 588, H 610, H 554,H 567, H 601, H 605, H 611, H 493, H 489, H 491, H 494,H 497, H 490, H 492, H 496, H 518, H 537, H 538, and H 480,and, when so signed, ordered them transmitted to the Senate forthe signature of the President.


We, your COMMITTEE ON JUDICIARY, RULES, ANDADMINISTRATION, report that we have engrossed H 524, asamended in the Senate.

FIELD(18), Chairman

H 524, as amended in the Senate, was filed for first readingof engrossed bills.


We, your COMMITTEE ON JUDICIARY, RULES, ANDADMINISTRATION, report that we have transmitted enrolledH 500, as amended in the Senate, to the Governor at 10:41 a.m.,as of this date, March 11, 2004. FIELD(18), Chairman


We, your COMMITTEE ON STATE AFFAIRS, report thatwe have had under consideration H 798 and report it back withamendments attached to be placed on General Orders forconsideration.

DEAL, Chairman



We, your COMMITTEE ON HEALTH AND WELFARE,report that we have had under consideration S 1283 andrecommend that it do pass. SALI, Chairman



We, your COMMITTEE ON BUSINESS, report that we havehad under consideration H 817 and recommend that it do pass.

BLACK, Chairman



We, your COMMITTEE ON BUSINESS, report that we havehad under consideration S 1289 and recommend it be referred tothe Health and Welfare Committee.

BLACK, Chairman

S 1289 was referred to the Health and Welfare Committee.


We, your COMMITTEE ON JUDICIARY, RULES, ANDADMINISTRATION, report that we have had underconsideration S 1262, as amended, S 1379, S 1394, and S 1407and recommend that they do pass.

FIELD(18), Chairman

S 1262, as amended, S 1379, S 1394, and S 1407 were filedfor second reading.


We, your COMMITTEE ON EDUCATION, report that wehave had under consideration S 1353 and recommend that it dopass.




We, your COMMITTEE ON EDUCATION, report that wehave had under consideration S 1323 and report it back withamendments attached to be placed on General Orders forconsideration.


S 1323 was placed on General Orders for consideration.




March 11, 2004

The Honorable Max BlackChairman, Business Committee

Dear Representative Black:

I hereby designate the Business Committee a privilegedcommittee for the purpose of introducing RS 14268 onFriday, March 12, 2004.








AMENDING TITLE 41, IDAHO CODE, BY THE ADDITIONOF A NEW CHAPTER 56, TITLE 41, IDAHO CODE, TODEFINE TERMS, TO REQUIRE THE PROMPT PAYMENTOF CLAIMS, TO PROVIDE FOR INTEREST PAYMENTS,TO PROVIDE THAT INSURERS ARE NOT REQUIRED TOACCEPT AN ASSIGNMENT OF PAYMENT, TO PROVIDEEXCEPTIONS AND TO PROVIDE PENALTIES; PROVIDINGAN EFFECTIVE DATE AND PROVIDING FORAPPLICATION.



H 524, as amended in the Senate, by Business Committee,was introduced, read the first time by title and filed for secondreading.


S 1311 and S 1275, by Transportation Committee, were readthe second time by title and filed for third reading.

SJM 109, by State Affairs Committee, was read the secondtime by title and filed for third reading.

H 757, as amended, by State Affairs Committee, was read thesecond time by title and filed for third reading.

H 760, as amended, H 761, as amended, and H 809, asamended, by Revenue and Taxation Committee, were read thesecond time by title and filed for third reading.

H 816, as amended, and HJM 23, as amended, by Ways andMeans Committee, were read the second time by title and filedfor third reading.


Mr. Denney asked unanimous consent that House Bills beplaced at the top of the Third Reading Calendar. There being noobjection, it was so ordered.



Mr. Collins asked unanimous consent that, pursuant toRule 22, discussion of other bills be allowed in debate of H 828.There being no objection, it was so ordered.


Roll call resulted as follows:AYES -- Andersen, Barrett, Bauer, Bayer, Bell, Black,

Block, Boe, Bolz, Bradford, Campbell, Cannon, Collins, Crow,Deal, Denney, Douglas, Eberle, Edmunson, Ellsworth, Eskridge,Field(18), Field(23), Gagner, Garrett, Harwood, Jaquet, Jones,Kellogg, Kulczyk, Lake, Langford, Langhorst, Martinez,McGeachin, McKague, Meyer, Miller, Mitchell, Naccarato,Nielsen, Pasley-Stuart, Raybould, Ridinger, Ring, Ringo,Roberts, Robison, Rydalch, Sali, Sayler, Schaefer, Shepherd,Shirley, Skippen, Smith(30), Smith(24), Smylie, Snodgrass,Stevenson, Trail, Wills, Wood, Mr. Speaker. Total -- 64.

NAYS -- None.Absent and excused -- Barraclough, Bedke, Clark, Cuddy,

Henbest, Moyle. Total -- 6.Total -- 70.






Black, Block, Boe, Bolz, Bradford, Campbell, Cannon, Clark,Collins, Crow, Deal, Denney, Douglas, Eberle, Edmunson,Ellsworth, Eskridge, Field(18), Field(23), Gagner, Garrett,Jaquet, Jones, Kellogg, Kulczyk, Lake, Langford, Langhorst,Martinez, Meyer, Miller, Mitchell, Moyle, Naccarato, Nielsen,Pasley-Stuart, Raybould, Ridinger, Ring, Robison, Rydalch,Sali, Sayler, Schaefer , Shepherd, Shirley, Skippen, Smith(30),Smith(24), Smylie, Snodgrass, Stevenson, Trail, Wills, Wood,Mr. Speaker. Total -- 62.

NAYS -- Barrett, Harwood, McGeachin, McKague, Ringo.Total -- 5.

Absent and excused -- Cuddy, Henbest, Roberts. Total -- 3.Total -- 70.










Roll call resulted as follows:AYES -- Andersen, Barraclough, Barrett, Bedke, Black,

Block, Boe, Cannon, Crow, Deal, Denney, Douglas, Eberle,Edmunson, Ellsworth, Eskridge, Field(18), Field(23), Garrett,Jaquet, Jones, Langford, Langhorst, Martinez, McKague, Miller,Moyle, Nielsen, Pasley-Stuart, Raybould, Ring, Ringo, Robison,Rydalch, Schaefer, Shepherd, Shirley, Skippen, Smith(30),Smith(24), Smylie, Snodgrass, Trail, Wills, Wood, Mr. Speaker.Total -- 46.

NAYS -- Bauer, Bayer , Bolz, Bradford, Campbell, Clark,Collins, Cuddy, Gagner, Harwood, Kellogg, Kulczyk, Lake,Meyer, Mitchell, Naccarato, Ridinger, Roberts, Sali, Sayler.Total -- 20.

Absent and excused -- Bell, Henbest, McGeachin, Stevenson.Total -- 4.

Total -- 70.






Bedke, Black, Block, Boe, Bolz, Bradford, Campbell, Cannon,Clark, Collins, Crow, Cuddy, Deal, Denney, Douglas, Eberle,Edmunson, Ellsworth, Eskridge, Field(18), Field(23), Gagner,Garrett, Harwood, Jaquet, Jones, Kellogg, Kulczyk, Lake,Langford, Langhorst, Martinez, McKague, Meyer, Miller,Mitchell, Moyle, Naccarato, Nielsen, Pasley-Stuart, Raybould,Ridinger, Ring, Ringo, Roberts, Robison, Rydalch, Sali, Sayler,Schaefer, Shepherd, Skippen, Smith(30), Smith(24), Smylie,Snodgrass, Trail, Wills, Wood, Mr. Speaker. Total -- 65.

NAYS -- None.Absent and excused -- Bell, Henbest, McGeachin, Shirley,







Bedke, Black, Block, Boe, Bolz, Campbell, Cannon, Clark,Collins, Crow, Cuddy, Deal, Denney, Douglas, Eberle,Edmunson, Ellsworth, Eskridge, Field(18), Field(23), Gagner,Garrett, Harwood, Jaquet, Jones, Kellogg, Kulczyk, Lake,Langford, Langhorst, Martinez, McKague, Meyer, Miller,Mitchell, Moyle, Naccarato, Nielsen, Pasley-Stuart, Raybould,Ridinger, Ring, Ringo, Roberts, Robison, Rydalch, Sali, Sayler,Schaefer, Shepherd, Skippen, Smith(30), Smith(24), Smylie,Snodgrass, Trail, Wills, Wood, Mr. Speaker. Total -- 64.

NAYS -- None.Absent and excused -- Bell, Bradford, Henbest, McGeachin,

Shirley, Stevenson. Total -- 6.Total -- 70.



At this time, the Speaker recognized Mr. Roberts andMr. Cuddy to open debate.





Ms. Jaquet asked unanimous consent that, pursuant toRule 22, discussion of H 777 be allowed in the debate of H 811.There being no objection, it was so ordered.



Block, Boe, Bolz, Campbell, Cannon, Clark, Collins, Crow,Cuddy, Deal, Denney, Douglas, Eberle, Edmunson, Ellsworth,Eskridge, Field(18), Field(23), Gagner , Garrett, Jaquet, Jones,Kellogg, Kulczyk, Lake, Langford, Langhorst, Martinez,McKague, Miller, Mitchell, Moyle, Naccarato, Nielsen, Pasley-Stuart, Raybould, Ridinger, Ring, Ringo, Roberts, Robison,Rydalch, Sali, Sayler, Schaefer, Shepherd, Shirley, Skippen,Smith(30), Smith(24), Smylie, Snodgrass, Stevenson, Trail,Wills, Mr. Speaker. Total -- 62.

NAYS -- Barrett, Harwood, Meyer, Wood. Total -- 4.Absent and excused -- Black, Bradford, Henbest, McGeachin.







Mr. Speaker moved that all rules of the House interferingwith the immediate consideration of H 757, as amended, besuspended; that the portions of Section 15, Article 3 of theConstitution of the State of Idaho, requir ing all bills to be read onthree several days be dispensed with, this being a case ofurgency; and that H 757, as amended, be read the first time bytitle, second time by title, and third time at length, section bysection, and placed before the House for final consideration.Seconded by Ms. Jaquet.



Bell, Black, Block, Boe, Bolz, Campbell, Cannon, Clark,Collins, Crow, Cuddy, Deal, Denney, Douglas, Eberle,Edmunson, Ellsworth, Eskridge, Field(18), Field(23), Gagner,Garrett, Harwood, Jaquet, Jones, Kellogg, Lake, Langford,Martinez, McKague, Meyer, Miller, Mitchell, Moyle, Naccarato,Pasley-Stuart, Raybould, Ridinger, Ring, Ringo, Roberts,Robison, Rydalch, Sali, Sayler, Schaefer, Shepherd, Shirley,Skippen, Smith(30), Smith(24), Smylie, Snodgrass, Stevenson,Trail, Wills, Wood, Mr. Speaker. Total -- 63.

NAYS -- None.Absent and excused -- Bayer, Bradford, Henbest, Kulczyk,

Langhorst, McGeachin, Nielsen. Total -- 7.Total -- 70.

Whereupon the Speaker Pro Tem declared that more thantwo-thirds of the membership having voted in the affirmative, themotion carried, the rules were suspended, and H 757, asamended, was read the first time by title, second time by title,and third time at length, section by section, and placed before theHouse for final consideration.




Bedke, Bell, Black, Block, Boe, Bolz, Campbell, Cannon, Clark,Collins, Crow, Cuddy, Deal, Denney, Douglas, Eberle,Edmunson, Ellsworth, Eskridge, Field(18), Field(23), Gagner,Garrett, Harwood, Jaquet, Jones, Kellogg, Kulczyk, Lake,Langhorst, Martinez, McKague, Meyer, Miller, Mitchell,Moyle, Naccarato, Nielsen, Pasley-Stuart, Raybould, Ridinger,Ring, Ringo, Roberts, Robison, Rydalch, Sali, Sayler, Schaefer,Shepherd, Shirley, Skippen, Smith(30), Smith(24), Smylie,Snodgrass, Stevenson, Trail, Wills, Wood, Mr. Speaker.Total -- 66.

NAYS -- Langford. Total -- 1.Absent and excused -- Bradford, Henbest, McGeachin.



Mr. Moyle moved that all rules of the House interfering withthe immediate consideration of H 760, as amended, besuspended; that the portions of Section 15, Article 3 of theConstitution of the State of Idaho, requir ing all bills to be read onthree several days be dispensed with, this being a case ofurgency; and that H 760, as amended, be read the first time bytitle, second time by title, and third time at length, section bysection, and placed before the House for final consideration.Seconded by Ms. Jaquet.










Bedke, Bell, Black, Block, Boe, Bolz, Campbell, Cannon, Clark,Collins, Crow, Cuddy, Deal, Denney, Douglas, Eberle,Edmunson, Ellsworth, Eskridge, Field(18), Field(23), Gagner,Garrett, Harwood, Jaquet, Jones, Kellogg, Kulczyk, Langford,Langhorst, Martinez, McKague, Meyer, Miller, Mitchell,Moyle, Naccarato, Nielsen, Pasley-Stuart, Raybould, Ridinger,Ring, Ringo, Roberts, Robison, Rydalch, Sali, Sayler, Schaefer,Shepherd, Shirley, Skippen, Smith(30), Smylie, Snodgrass,Stevenson, Trail, Wills, Wood, Mr. Speaker. Total -- 65.

NAYS -- Henbest, Lake. Total -- 2.Absent and excused -- Bradford, McGeachin, Smith(24).

Total -- 3.Paired Vote: AYE -- Wood. NAY -- Henbest.(Pair enumerated in roll call above.)Total -- 70.



Mr. Moyle moved that all rules of the House interfering withthe immediate consideration of H 761, as amended, besuspended; that the portions of Section 15, Article 3 of theConstitution of the State of Idaho, requiring all bills to be read onthree several days be dispensed with, this being a case ofurgency; and that H 761, as amended, be read the first time bytitle, second time by title, and third time at length, section bysection, and placed before the House for final consideration.Seconded by Ms. Jaquet.










Bedke, Bell, Black, Block, Boe, Bolz, Bradford, Campbell,Cannon, Collins, Crow, Cuddy, Deal, Denney, Douglas, Eberle,Edmunson, Ellsworth, Eskridge, Field(18), Field(23), Gagner,Garrett, Jaquet, Jones, Kellogg, Kulczyk, Langford, Langhorst,Martinez, Meyer, Miller, Mitchell, Moyle, Naccarato, Nielsen,Pasley-Stuart, Raybould, Ridinger, Ring, Ringo, Roberts,Robison, Rydalch, Sali, Sayler, Schaefer, Shepherd, Shirley,Skippen, Smith(30), Smylie, Snodgrass, Stevenson, Trail, Wills,Wood, Mr. Speaker. Total -- 63.

NAYS -- Clark, Harwood, Henbest, Lake, McKague,Smith(24). Total -- 6.

Absent and excused -- McGeachin. Total -- 1.Paired Vote: AYE -- Wood. NAY -- Henbest.(Pair enumerated in roll call above.)Total -- 70.












Bedke, Bell, Black, Block, Boe, Bolz, Bradford, Campbell,Cannon, Clark, Collins, Crow, Cuddy, Deal, Denney, Douglas,Eberle, Edmunson, Ellsworth, Eskridge, Field(18), Field(23),Gagner, Garrett, Harwood, Jaquet, Jones, Kellogg, Kulczyk,Lake, Langford, Langhorst, Martinez, McKague, Meyer, Miller,Moyle, Naccarato, Nielsen, Pasley-Stuart, Raybould, Ridinger,Ring, Ringo, Roberts, Robison, Rydalch, Sali, Sayler, Schaefer,Shepherd, Shirley, Skippen, Smith(30), Smylie, Snodgrass,Stevenson, Trail, Wills, Mr. Speaker. Total -- 65.

NAYS -- None.Absent and excused -- Henbest, McGeachin, Mitchell,

Smith(24), Wood. Total -- 5.Total -- 70.



Mr. Moyle moved that all rules of the House interfering withthe immediate consideration of HJM 23, as amended, besuspended; that the portions of Section 15, Article 3 of theConstitution of the State of Idaho, requir ing all bills to be read onthree several days be dispensed with, this being a case ofurgency; and that HJM 23, as amended, be read the first time bytitle, second time by title, and third time at length, and placedbefore the House for final consideration. Seconded byMs. Jaquet.






Whereupon the Speaker Pro Tem declared that more thantwo-thirds of the membership having voted in the affirmative, themotion carried, the rules were suspended, and HJM 23, asamended, was read the first time by title, second time by title,and third time at length, and placed before the House for finalconsideration.


The question being, "Shall HJM 23, as amended, beadopted?"


Bedke, Bell, Black, Block, Bolz, Bradford, Campbell, Cannon,Clark, Collins, Crow, Cuddy, Deal, Denney, Eberle, Edmunson,Ellsworth, Eskridge, Field(18), Field(23), Gagner, Garrett,Harwood, Jaquet, Jones, Kellogg, Kulczyk, Lake, Langford,Martinez, McGeachin, McKague, Meyer, Miller, Mitchell,Moyle, Naccarato, Nielsen, Raybould, Ridinger, Ring, Roberts,Rydalch, Sali, Schaefer, Shepherd, Shirley, Skippen, Smith(30),Smith(24), Smylie, Snodgrass, Stevenson, Trail, Wills, Wood,Mr. Speaker. Total -- 62.

NAYS -- Boe, Douglas, Henbest, Langhorst, Pasley-Stuart,Ringo, Robison, Sayler. Total -- 8.

Paired Vote: AYE -- Bauer. NAY -- Henbest.(Pair enumerated in roll call above.)Total -- 70.

Whereupon the Speaker Pro Tem declared HJM 23, asamended, adopted and ordered the memorial transmitted to theSenate.











Bedke, Bell, Black, Block, Boe, Bolz, Bradford, Campbell,Cannon, Clark, Collins, Crow, Cuddy, Deal, Denney, Douglas,Eberle, Edmunson, Ellsworth, Eskridge, Field(18), Field(23),Gagner, Garrett, Harwood, Jaquet, Jones, Kulczyk, Lake,Langford, Langhorst, Martinez, McGeachin, McKague, Meyer,Miller, Mitchell, Moyle, Naccarato, Nielsen, Pasley-Stuart,Raybould, Ridinger, Ring, Roberts, Robison, Rydalch, Sali,Sayler, Schaefer, Shepherd, Shirley, Skippen, Smith(30),Smith(24), Smylie, Snodgrass, Stevenson, Wills, Wood,Mr. Speaker. Total -- 66.

NAYS -- Henbest, Kellogg, Ringo, Trail. Total -- 4.Paired Vote: AYE -- Wood. NAY -- Henbest.(Pair enumerated in roll call above.)Total -- 70.









Black, Block, Bolz, Bradford, Campbell, Cannon, Clark,Collins, Crow, Deal, Denney, Eberle, Edmunson, Ellsworth,Eskridge, Field(18), Field(23), Gagner, Garrett, Harwood,Jones, Kellogg, Kulczyk, Lake, Langford, McGeachin,McKague, Meyer, Miller, Moyle, Nielsen, Raybould, Ring,Roberts, Rydalch, Sali, Schaefer, Shirley, Skippen, Smith(24),Smylie, Snodgrass, Wills, Wood, Mr. Speaker. Total -- 51.

NAYS -- Andersen, Boe, Cuddy, Douglas, Henbest, Jaquet,Langhorst, Martinez, Mitchell, Naccarato, Pasley-Stuart,Ridinger, Ringo, Robison, Sayler, Shepherd, Smith(30), Trail.Total -- 18.

Absent and excused -- Stevenson. Total -- 1.Paired Vote: AYE -- Bauer. NAY -- Henbest.(Pair enumerated in roll call above.)Total -- 70.



At this time, the Speaker Pro Tem recognized Mr. Bedke toopen debate.

Mr. Bedke asked unanimous consent that, pursuant toRule 22, discussion of other bills be allowed in debate of S 1431.There being no objection, it was so ordered.

Pursuant to Rule 38(3), Mr. Andersen disclosed a conflict ofinterest regarding S 1431.

Pursuant to Rule 38(3), Mr. Snodgrass disclosed a conflict ofinterest regarding S 1431.

Pursuant to Rule 38(3), Mr. Smylie disclosed a conflict ofinterest regarding S 1431.



Black, Block, Bolz, Bradford, Cannon, Clark, Collins, Crow,Deal, Denney, Ellsworth, Eskridge, Field(18), Field(23),Gagner, Garrett, Harwood, Kellogg, Lake, Langford,McGeachin, McKague, Meyer, Moyle, Nielsen, Raybould, Ring,Roberts, Rydalch, Sali, Skippen, Stevenson, Wills, Wood,Mr. Speaker. Total -- 41.

NAYS -- Andersen, Boe, Cuddy, Douglas, Eberle,Edmunson, Henbest, Jaquet, Jones, Kulczyk, Langhorst,

Martinez, Miller, Mitchell, Naccarato, Pasley-Stuart, Ridinger,Ringo, Robison, Sayler, Schaefer, Shepherd, Shirley, Smith(30),Smith(24), Smylie, Snodgrass, Trail. Total -- 28.

Absent and excused -- Campbell. Total -- 1.Paired Votes: AYE -- Bauer. NAY -- Henbest. AYE -- McKague. NAY -- Boe. AYE -- Roberts. NAY -- Smith(24). AYE -- Harwood. NAY -- Naccarato.(Pairs enumerated in roll call above.)Total -- 70.


Mr. Moyle asked unanimous consent that the remaining billson the Third Reading Calendar retain their places untilMonday, March 15, 2004. There being no objection, it was soordered.


Adjournment

Mr. Moyle moved that the House adjourn until 10 a.m. ,Monday, March 15, 2004. Seconded by Ms. Jaquet. Motioncarried.



SIXTY-FOURTH LEGISLATIVE DAYMONDAY, MARCH 15, 2004



Roll call showed 62 members present.Absent and excused -- Bedke, Bell, Jaquet, Moyle, Raybould,

Ridinger, Stevenson, Mr. Speaker. Total -- 8.Total -- 70.

Prayer was offered by Terry W. Smith, Executive Director,Health Families.

The Pledge of Allegiance was led by Jenna Erlebach, Page.

Approval of Journal


We, your COMMITTEE ON JUDICIARY, RULES, ANDADMINISTRATION, report that we have read and approved theHouse Journal of the Sixty-first Legislative Day and recommendthat same be adopted as corrected. FIELD(18), Chairman





I transmit herewith enrolled S 1224, S 1243, as amended,S 1303, S 1304, S 1331, S 1344, S 1408, S 1409, S 1410,S 1411, S 1412, S 1413, and S 1414 for the signature of theSpeaker. WOOD, Secretary

The Acting Speaker announced that enrolled S 1224, S 1243,as amended, S 1303, S 1304, S 1331, S 1344, S 1408, S 1409,S 1410, S 1411, S 1412, S 1413, and S 1414 would be signed bythe Speaker, and when so signed, ordered them returned to theSenate.


I return herewith enrolled HJM 15, HCR 40, HJM 17,HCR 39, and HCR 45 which have been signed by the President.

WOOD, Secretary

Enrolled HJM 15, HCR 40, HJM 17, HCR 39, andHCR 45 were referred to the Judiciary, Rules, andAdministration Committee for delivery to the Secretary of State.


I transmit herewith S 1321, as amended, and S 1435 whichhave passed the Senate.

WOOD, Secretary

S 1321, as amended, and S 1435 were filed for first reading.


I return herewith H 560, as amended in the Senate, andH 473, as amended in the Senate, which have passed the Senate.

WOOD, Secretary

H 560, as amended in the Senate, and H 473, as amended inthe Senate, were ordered held at the Desk.

Mrs. Miller asked unanimous consent that the House concurin the Senate amendments to H 560, as amended in the Senate.There being no objection, it was so ordered.

Mr. Cuddy asked unanimous consent that the House concur inthe Senate amendments to H 473, as amended in the Senate.There being no objection, it was so ordered.

H 560, as amended in the Senate, and H 473, as amended inthe Senate, were referred to the Judiciary, Rules, andAdministration Committee for engrossing.




FIELD(18), Chairman



We, your COMMITTEE ON JUDICIARY, RULES, ANDADMINISTRATION, report that we have enrolled HCR 49 andHCR 46.

FIELD(18), Chairman

The Acting Speaker announced that enrolled HCR 49 andHCR 46 would be signed by the Speaker, and when so signed,ordered them transmitted to the Senate for the signature of thePresident.


We, your COMMITTEE ON JUDICIARY, RULES, ANDADMINISTRATION, report that we have transmitted enrolledHCR 51 and HCR 47 to the Secretary of State at 1:57 p.m., asof this date, March 12, 2004. FIELD(18), Chairman


We, your COMMITTEE ON AGRICULTURAL AFFAIRS,report that we have had under consideration S 1232, as amended,and recommend that it do pass. JONES, Chairman



We, your COMMITTEE ON HEALTH AND WELFARE,report that we have had under consideration S 1289, S 1292, andH 829 and recommend that they do pass.

SALI, Chairman

S 1289, S 1292, and H 829 were filed for second reading.


We, your COMMITTEE ON HEALTH AND WELFARE,report that we have had under consideration S 1288 and report itback with amendments attached to be placed on General Ordersfor consideration. SALI, Chairman




March 10, 2004

The Honarable Douglas JonesChairman, Agricultural Affairs Committee

Dear Representative Jones:

I hereby designate the Agricultural Affairs Committee aprivileged committee for the purpose of introducing RS 14263 onMonday, March 15, 2004.

Sincerely, /s/ Bruce Newcomb





AN ACTRELATING TO AQUACULTURE; AMENDING

TITLE 22, IDAHO CODE, BY THE ADDITION OF A NEWCHAPTER 44, TITLE 22, IDAHO CODE, TO PROVIDELEGISLATIVE INTENT, TO DEFINE TERMS, TO PROVIDEFOR THE IDAHO AQUACULTURE COMMISSION, TOPROVIDE POWERS AND DUTIES OF THE COMMISSION,TO PROVIDE FOR THE DEPOSIT AND DISBURSEMENTOF FUNDS, TO PROVIDE FOR STATE AUDITS OFCOMMISSION FUNDS, TO PROVIDE FOR ANNUALREPORTS, TO PROVIDE FOR BIENNIAL AUDITS, TOPROVIDE THAT THE STATE IS NOT LIABLE, TOPROVIDE FOR ASSESSMENTS, TO PROVIDE FORREFUNDS AND TO PROVIDE FOR AN OPT OUTALTERNATIVE; AND AMENDING SECTION 67-2601,IDAHO CODE, TO INCLUDE THE IDAHO AQUACULTUREC O M M I S S I O N I N T H E D E P AR T M E N T OFSELF-GOVERNING AGENCIES.



OF ENVIRONMENTAL QUALITY FOR FISCAL YEAR 2005;LIMITING THE NUMBER OF FULL-TIME EQUIVALENTPOSITIONS; PROVIDING THAT THE STATE CONTROLLERSHALL MAKE TRANSFERS TO THE ENVIRONMENTALREMEDIATION FUND; EXPRESSING LEGISLATIVEIN T ENT REGARDING THE ENVIRONMENTALREMEDIATION FUND AND REQUIRING AN ANNUALREPORT; EXPRESSING LEGISLATIVE INTENT WITHREGARD TO STATE MATCH; AND PROHIBITING THEDEPARTMENT OF ENVIRONMENTAL QUALITY FROMTRANSFERRING APPROPRIATIONS OUT OF THE AIRQUALITY PROGRAM.


S 1321, as amended, by Health and Welfare Committee, wasintroduced, read the first time by title, and referred to the Healthand Welfare Committee.






S 1262, as amended, S 1379, S 1394, and S 1407, byJudiciary and Rules Committee, were read the second time bytitle and filed for third reading.

S 1353, by Education Committee, was read the second timeby title and filed for third reading.

H 524, as amended in the Senate, by Business Committee,was read the second time by title and filed for third reading.


Mrs. Ellsworth asked unanimous consent that S 1432,S 1433, S 1434, and S 1367 be placed at the bottom of the ThirdReading Calendar. There being no objection, it was so ordered.


At this time, the Acting Speaker recognized Mr. Edmunson toopen debate.



Block, Boe, Bradford, Campbell, Cannon, Clark, Collins, Crow,Deal, Denney, Edmunson, Ellsworth, Eskridge, Field(18),Field(23), Gagner, Garrett, Henbest, Jones, Lake, Langford,Martinez, McGeachin, McKague, Meyer, Miller, Naccarato,Nielsen, Ringo, Roberts, Rydalch, Sayler, Schaefer, Shepherd,Shirley, Skippen, Smith(30), Smith(24), Smylie, Snodgrass,Trail, Wills, Wood. Total -- 48.

NAYS -- Bolz, Cuddy, Douglas, Eberle, Harwood, Kellogg,Kulczyk, Langhorst, Mitchell, Pasley-Stuart, Ring, Robison,Sali. Total -- 13.

Absent and excused -- Bedke, Bell, Black, Jaquet, Moyle,Raybould, Ridinger, Stevenson, Mr. Speaker. Total -- 9.

Total -- 70.



At this time, the Acting Speaker recognized Mr. Martinez toopen debate.



Block, Boe, Bolz, Bradford, Campbell, Cannon, Clark, Collins,Cuddy, Deal, Denney, Douglas, Eberle, Edmunson, Ellsworth,


Eskridge, Field(18), Field(23), Gagner, Garrett, Harwood,Henbest, Jones, Kellogg, Kulczyk, Lake, Langford, Langhorst,Martinez, McGeachin, McKague, Meyer, Miller, Mitchell,Naccarato, Nielsen, Pasley-Stuart, Ring, Ringo, Robison,Rydalch, Sali, Sayler , Schaefer, Shepherd, Shirley, Skippen,Smith(30), Smith(24), Smylie, Snodgrass, Trail, Wills, Wood.Total -- 59.

NAYS -- None.Absent and excused -- Bedke, Bell, Black, Crow, Jaquet,

Moyle, Raybould, Ridinger, Roberts, Stevenson, Mr. Speaker.Total -- 11.

Total -- 70.



At this time, the Acting Speaker recognized Mr. Bauer toopen debate.



Block, Boe, Bolz, Bradford, Campbell, Cannon, Clark, Collins,Cuddy, Deal, Denney, Douglas, Eberle, Edmunson, Ellsworth,Eskridge, Field(18), Field(23), Gagner, Garrett, Harwood,Henbest, Jones, Kellogg, Kulczyk, Lake, Langford, Langhorst,Martinez, McGeachin, McKague, Meyer, Miller, Mitchell,Naccarato, Nielsen, Pasley-Stuart, Ring, Ringo, Robison,Rydalch, Sali, Sayler, Schaefer, Shepherd, Shirley, Skippen,Smith(30), Smith(24), Smylie, Snodgrass, Trail, Wills, Wood.Total -- 59.

NAYS -- None.Absent and excused -- Bedke, Bell, Black, Crow, Jaquet,


Total -- 70.



At this time, the Acting Speaker recognized Mr. Naccarato toopen debate.



Black, Block, Boe, Bolz, Bradford, Cannon, Clark, Collins,Cuddy, Deal, Denney, Douglas, Eberle, Edmunson, Ellsworth,Eskridge, Field(18), Field(23), Gagner, Garrett, Harwood,Henbest, Jones, Kellogg, Kulczyk, Lake, Langford, Langhorst,

Martinez, McGeachin, McKague, Meyer, Miller, Mitchell,Naccarato, Nielsen, Pasley-Stuart, Ring, Ringo, Robison,Rydalch, Sali, Sayler, Schaefer, Shepherd, Shirley, Skippen,Smith(30), Smith(24), Smylie, Snodgrass, Trail, Wills, Wood.Total -- 59.

NAYS -- None.Absent and excused -- Bedke, Bell, Campbell, Crow, Jaquet,


Total -- 70.



At this time, the Acting Speaker recognized Mr. Trail to opendebate.



Black, Block, Boe, Bolz, Bradford, Cannon, Clark, Collins,Crow, Cuddy, Deal, Denney, Douglas, Eberle, Edmunson,Ellsworth, Eskridge, Field(18), Field(23), Gagner, Garrett,Harwood, Henbest, Jones, Kellogg, Kulczyk, Lake, Langford,Langhorst, Martinez, McGeachin, McKague, Meyer, Miller,Mitchell, Naccarato, Nielsen, Pasley-Stuart, Ring, Ringo,Robison, Rydalch, Sali, Sayler, Schaefer, Shepherd, Shirley,Skippen, Smith(30), Smith(24), Smylie, Snodgrass, Trail, Wills,Wood. Total -- 60.

NAYS -- None.Absent and excused -- Bedke, Bell, Campbell, Jaquet, Moyle,

Raybould, Ridinger, Roberts, Stevenson, Mr. Speaker.Total -- 10.

Total -- 70.



At this time, the Acting Speaker recognized Mr. Andersen toopen debate.



Black, Block, Boe, Bolz, Bradford, Campbell, Cannon, Clark,Collins, Crow, Cuddy, Denney, Douglas, Eberle, Edmunson,Ellsworth, Eskridge, Field(18), Field(23), Gagner, Garrett,Harwood, Henbest, Jones, Kellogg, Lake, Langford, Langhorst,Martinez, McGeachin, McKague, Meyer, Miller, Mitchell,Naccarato, Nielsen, Pasley-Stuart, Ring, Ringo, Roberts,


Robison, Rydalch, Sayler, Schaefer, Shepherd, Shirley, Skippen,Smith(30), Smith(24), Smylie, Snodgrass, Trail, Wills, Wood.Total -- 59.

NAYS -- Kulczyk, Sali. Total -- 2.Absent and excused -- Bedke, Bell, Deal, Jaquet, Moyle,

Raybould, Ridinger, Stevenson, Mr. Speaker. Total -- 9.Total -- 70.



At this time, the Acting Speaker recognized Mr. Shirley toopen debate.



Black, Block, Boe, Bolz, Bradford, Campbell, Cannon, Clark,Collins, Crow, Cuddy, Deal, Denney, Douglas, Eberle,Edmunson, Ellsworth, Eskridge, Field(18), Field(23), Gagner,Garrett, Harwood, Henbest, Jones, Kellogg, Kulczyk, Langford,Langhorst, Martinez, McGeachin, McKague, Meyer, Miller,Mitchell, Naccarato, Nielsen, Pasley-Stuart, Ring, Ringo,Roberts, Robison, Rydalch, Sali, Sayler, Schaefer, Shepherd,Shirley, Skippen, Smith(30), Smith(24), Smylie, Snodgrass,Trail, Wills, Wood. Total -- 61.

NAYS -- None.Absent and excused -- Bedke, Bell, Jaquet, Lake, Moyle,




At this time, the Acting Speaker recognized Mr. Cannon toopen debate.


Roll call resulted as follows:AYES -- Andersen, Barrett, Bauer, Bayer, Black, Block,

Boe, Bolz, Bradford, Campbell, Cannon, Clark, Collins, Cuddy,Deal, Denney, Douglas, Eberle, Edmunson, Ellsworth, Eskridge,Field(18), Field(23), Gagner, Garrett, Harwood, Henbest, Jones,Kellogg, Kulczyk, Langford, Langhorst, Martinez, McGeachin,McKague, Meyer, Miller, Mitchell, Naccarato, Nielsen,Pasley-Stuart, Ring, Ringo, Roberts, Robison, Rydalch, Sali,Sayler, Schaefer, Shepherd, Shirley, Skippen, Smith(30),Smith(24), Smylie, Snodgrass, Trail, Wills, Wood. Total -- 59.

NAYS -- None.Absent and excused -- Barraclough, Bedke, Bell, Crow,

Jaquet, Lake, Moyle, Raybould, Ridinger, Stevenson,Mr. Speaker. Total -- 11.

Total -- 70.



At this time, the Acting Speaker recognized Mr. Meyer toopen debate.



Black, Block, Boe, Bolz, Bradford, Campbell, Cannon, Clark,Collins, Cuddy, Deal, Denney, Douglas, Eberle, Edmunson,Ellsworth, Eskridge, Field(18), Field(23), Gagner, Garrett,Harwood, Henbest, Jones, Kellogg, Kulczyk, Langford,Langhorst, Martinez, McGeachin, McKague, Meyer, Miller,Mitchell, Naccarato, Nielsen, Pasley-Stuart, Ring, Ringo,Roberts, Robison, Rydalch, Sali, Sayler, Schaefer, Shepherd,Shirley, Skippen, Smith(30), Smith(24), Smylie, Snodgrass,Trail, Wills, Wood. Total -- 60.

NAYS -- None.Absent and excused -- Bedke, Bell, Crow, Jaquet, Lake,

Moyle, Raybould, Ridinger, Stevenson, Mr. Speaker.Total -- 10.

Total -- 70.



At this time, the Acting Speaker recognized Mr. Campbell toopen debate.



Black, Block, Boe, Bolz, Bradford, Campbell, Cannon, Clark,Collins, Cuddy, Deal, Denney, Douglas, Eberle, Edmunson,Ellsworth, Eskridge, Field(18), Field(23), Garrett, Harwood,Henbest, Jones, Kellogg, Kulczyk, Lake, Langford, Langhorst,Martinez, McGeachin, McKague, Meyer, Miller, Mitchell,Naccarato, Nielsen, Pasley-Stuart, Ring, Ringo, Roberts,Robison, Rydalch, Sali, Sayler, Shepherd, Shirley, Skippen,Smith(30), Smith(24), Smylie, Snodgrass, Trail, Wills, Wood.Total -- 59.

NAYS -- None.Absent and excused -- Bedke, Bell, Crow, Gagner, Jaquet,

Moyle, Raybould, Ridinger, Schaefer, Stevenson, Mr. Speaker.Total -- 11.

Total -- 70.

Whereupon the Acting Speaker declared SCR 129 adoptedand ordered the resolution returned to the Senate.



At this time, the Acting Speaker recognized Mr. Bauer toopen debate.



Cannon, Collins, Cuddy, Denney, Douglas, Edmunson,Ellsworth, Eskridge, Field(18), Field(23), Garrett, Henbest,Jones, Langford, Langhorst, Martinez, Meyer, Miller, Mitchell,Naccarato, Nielsen, Pasley-Stuart, Ring, Ringo, Robison, Sayler,Shepherd, Shirley, Skippen, Smith(30), Smylie, Trail, Wills.Total -- 39.

NAYS -- Barrett, Bayer, Bolz, Bradford, Campbell, Clark,Eberle, Harwood, Kellogg, Lake, McGeachin, McKague,Roberts, Rydalch, Sali, Smith(24), Snodgrass, Wood.Total -- 18.

Absent and excused -- Bedke, Bell, Crow, Deal, Gagner,Jaquet, Kulczyk, Moyle, Raybould, Ridinger, Schaefer,Stevenson, Mr. Speaker. Total -- 13.

Total -- 70.



At this time, the Acting Speaker recognized Mr. Cannon toopen debate.


Roll call resulted as follows:AYES -- Andersen, Barraclough, Bauer, Bayer, Black,

Block, Boe, Bolz, Bradford, Campbell, Cannon, Clark, Collins,Cuddy, Deal, Denney, Douglas, Eberle, Edmunson, Ellsworth,Eskridge, Field(18), Field(23), Garrett, Harwood, Henbest,Jones, Kellogg, Kulczyk, Lake, Langford, Langhorst, Martinez,McGeachin, Meyer, Miller, Mitchell, Naccarato, Nielsen,Pasley-Stuart, Ring, Ringo, Roberts, Robison, Rydalch, Sali,Sayler, Schaefer, Shepherd, Shirley, Skippen, Smith(30),Smith(24), Smylie, Snodgrass, Trail, Wills. Total -- 57.

NAYS -- Barrett, McKague, Wood. Total -- 3.Absent and excused -- Bedke, Bell, Crow, Gagner, Jaquet,

Moyle, Raybould, Ridinger, Stevenson, Mr. Speaker.Total -- 10.

Total -- 70.

Whereupon the Acting Speaker declared SJM 109 adoptedand ordered the memorial returned to the Senate.

Mrs. Ellsworth asked unanimous consent that the remainingbills on the Third Reading Calendar retain their places for oneLegislative Day. There being no objection, it was so ordered.



Mrs. Ellsworth moved that all rules of the House interferingwith the immediate consideration of H 817 be suspended; that theportions of Section 15, Article 3 of the Constitution of the Stateof Idaho, requiring all bills to be read on three several days bedispensed with, this being a case of urgency; and that H 817 beread the first time by title, second time by title, and third time atlength, section by section, and placed before the House for finalconsideration. Seconded by Mrs. Boe.



Black, Block, Boe, Bolz, Bradford, Campbell, Cannon, Clark,Collins, Cuddy, Denney, Douglas, Eberle, Edmunson,Ellsworth, Eskridge, Field(18), Field(23), Garrett, Harwood,Henbest, Jones, Kellogg, Kulczyk, Lake, Langford, Langhorst,Martinez, McGeachin, McKague, Meyer, Miller, Mitchell,Naccarato, Nielsen, Pasley-Stuart, Ring, Ringo, Roberts,Robison, Rydalch, Sali, Sayler, Schaefer, Shepherd, Shirley,Skippen, Smith(30), Smith(24), Smylie, Snodgrass, Trail, Wills,Wood. Total -- 59.

NAYS -- None.Absent and excused -- Bedke, Bell, Crow, Deal, Gagner,

Jaquet, Moyle, Raybould, Ridinger, Stevenson, Mr. Speaker.Total -- 11.

Total -- 70.

Whereupon the Acting Speaker declared that more thantwo-thirds of the membership having voted in the affirmative, themotion carried, the rules were suspended, and H 817 was readthe first time by title, second time by title, and third time atlength, section by section, and placed before the House for finalconsideration.

At this time, the Acting Speaker recognized Mrs. Block,Mr. Meyer, and Mr. Roberts to open debate.



Black, Block, Boe, Bolz, Bradford, Campbell, Cannon, Clark,Collins, Crow, Cuddy, Deal, Denney, Douglas, Eberle,Edmunson, Ellsworth, Eskridge, Field(18), Field(23), Garrett,Harwood, Henbest, Jones, Kellogg, Kulczyk, Lake, Langford,Langhorst, Martinez, McGeachin, McKague, Meyer, Miller,Mitchell, Naccarato, Nielsen, Pasley-Stuart, Ring, Ringo,Roberts, Robison, Rydalch, Sali, Sayler, Schaefer, Shepherd,Shirley, Skippen, Smith(30), Smith(24), Smylie, Snodgrass,Trail, Wills, Wood. Total -- 61.

NAYS -- None.Absent and excused -- Bedke, Bell, Gagner, Jaquet, Moyle,







DEPARTMENT OF ADMINISTRATION FOR FISCAL YEAR2005.



DEPARTMENT OF SELF-GOVERNING AGENCIES FORTHE MEDICAL BOARDS FOR FISCAL YEAR 2005; ANDAUTHORIZING ONE-HALF ADDITIONAL FULL-TIMEEQUIVALENT POSITION.



DEPARTMENT OF SELF-GOVERNING AGENCIES FORTHE REGULATORY BOARDS FOR FISCAL YEAR 2005;APPROPRIATING ADDITIONAL MONEYS TO THEDEPARTMENT OF SELF-GOVERNING AGENCIES FORTHE REGULATORY BOARDS FOR FISCAL YEAR 2004;AUTHORIZING ADDITIONAL FULL-TIME EQUIVALENTPOSITIONS FOR FISCAL YEAR 2005; AUTHORIZINGADDITIONAL FULL-TIME EQUIVALENT POSITIONS FORFISCAL YEAR 2004; AND DECLARING AN EMERGENCYFOR SECTIONS 2 AND 4 OF THIS ACT.


AN ACTRELATING TO APPROPRIATIONS; TO EXEMPT THE

EXECUTIVE OFFICE OF THE GOVERNOR FROMCERTAIN PROVISIONS OF IDAHO CODE FOR FISCALYEAR 2004; AND DECLARING AN EMERGENCY.



Adjournment

Mrs. Ellsworth moved that the House adjourn until9:30 a.m., Tuesday, March 16, 2004. Seconded by Mrs. Boe.Motion carried.




SIXTY-FIFTH LEGISLATIVE DAYTUESDAY, MARCH 16, 2004




Prayer was offered by Chuck Winder, Chairman,Transportation Board.


Approval of Journal

March 16, 2004


ADMINISTRATION, report that we have read and approved theHouse Journal of the Sixty-fourth Legislative Day andrecommend that same be adopted as corrected.

FIELD(18), Chairman




I transmit herewith enrolled S 1298, S 1302, S 1345, S 1372,S 1415, S 1423, S 1424, S 1425, S 1426, S 1427, S 1428,SCR 130, and SCR 131 for the signature of the Speaker.

WOOD, Secretary

The Speaker announced he was about to sign enrolled S 1298,S 1302, S 1345, S 1372, S 1415, S 1423, S 1424, S 1425,S 1426, S 1427, S 1428, SCR 130, and SCR 131 and, when sosigned, ordered them returned to the Senate.


I return herewith enrolled H 542, H 551, H 553, H 561,H 562, H 534, H 546, H 547, H 548, H 533, H 484, H 485,H 483, H 486, H 505, H 506, H 522, H 523, H 607, H 509,H 535, H 536, H 588, H 610, H 554, H 567, H 601, H 605,H 611, H 493, H 489, H 491, H 494, H 497, H 490, H 492,H 496, H 518, H 537, H 538, and H 480 which have beensigned by the President.

WOOD, Secretary

Enrolled H 542, H 551, H 553, H 561, H 562, H 534,H 546, H 547, H 548, H 533, H 484, H 485, H 483, H 486,H 505, H 506, H 522, H 523, H 607, H 509, H 535, H 536,H 588, H 610, H 554, H 567, H 601, H 605, H 611, H 493,H 489, H 491, H 494, H 497, H 490, H 492, H 496, H 518,H 537, H 538, and H 480 were referred to the Judiciary, Rules,and Administration Committee for delivery to the Governor.


March 15, 2004

Mr. Speaker:I transmit herewith S 1290 which has passed the Senate.

WOOD, Secretary


March 15, 2004

Mr. Speaker:I return herewith HJM 18, HCR 55, HCR 44, H 495,

H 549, H 540, H 569, H 622, H 618, H 614, H 615, H 571,H 642, H 644, H 623, H 700, H 516, H 649, H 663, H 511,H 558, as amended, H 559, H 563, H 608, H 474, H 475,H 568, H 762, H 763, H 764, H 766, H 767, H 668, H 519,H 593, H 661, H 643, and H 581 which have passed the Senate.

WOOD, Secretary

HJM 18, HCR 55, HCR 44, H 495, H 549, H 540, H 569,H 622, H 618, H 614, H 615, H 571, H 642, H 644, H 623,H 700, H 516, H 649, H 663, H 511, H 558, as amended,H 559, H 563, H 608, H 474, H 475, H 568, H 762, H 763,H 764, H 766, H 767, H 668, H 519, H 593, H 661, H 643, andH 581 were referred to the Judiciary, Rules, and AdministrationCommittee for enrolling.

March 15, 2004

Mr. Speaker:I return herewith H 520, as amended in the Senate, which has

passed the Senate.WOOD, Secretary


Mr. Wills asked unanimous consent that the House concur inthe Senate amendments to H 520, as amended in the Senate.There being no objection, it was so ordered.








FIELD(18), Chairman

H 836, H 837, H 838, H 839, H 840, and H 841 were filedfor second reading.

March 16, 2004


ADMINISTRATION, report that we have engrossed H 560, asamended in the Senate, and H 473, as amended in the Senate.

FIELD(18), Chairman

H 560, as amended in the Senate, and H 473, as amended inthe Senate, were filed for first reading of engrossed bills.

March 16, 2004


ADMINISTRATION, report that we have transmitted enrolledHJM 15, HCR 40, HJM 17, HCR 39, and HCR 45 to theSecretary of State at 11:28 a.m., as of this date, March 15, 2004.

FIELD(18), Chairman

March 15, 2004


report that we have had under consideration H 832 and H 810and recommend that they do pass.

CROW, Chairman


March 15, 2004


report that we have had under consideration H 800 and S 1439and report them back with amendments attached to be placed onGeneral Orders for consideration.

CROW, Chairman

H 800 and S 1439 were placed on General Orders forconsideration.

March 15, 2004


ADMINISTRATION, report that we have had underconsideration S 1416 and recommend that it do pass.

FIELD(18), Chairman


March 15, 2004


had under consideration S 1391 and S 1440 and recommend thatthey do pass.

BLACK, Chairman



March 16, 2004


have had under consideration S 1350, as amended, andrecommend that it do pass.




We, your COMMITTEE ON STATE AFFAIRS, report thatwe have had under consideration S 1373, as amended, andS 1438 and recommend that they do pass.

DEAL, Chairman

S 1373, as amended, and S 1438 were filed for secondreading.




A JOINT MEMORIALTO THE PEOPLE AND THE GOVERNMENT OF SPAIN.


WHEREAS, the citizens of the state of Idaho, many directdescendants of Spanish and Basque immigrants, have aparticularly close connection to Spain; and

WHEREAS, on March 11, 2004, a series of bombs wasdetonated in Madrid, Spain, on four commuter trains; and

WHEREAS, the attack of March 11, a terrorist attack of themost heinous nature, killed hundreds of innocent men, womenand children, and injured thousands more; and

WHEREAS, Idaho citizens and people throughout the worldhave reacted to this outrage with shock, horror and outrage; and

WHEREAS, on behalf of the people of Idaho, it isappropriate for the Legislature of Idaho to extend our sincerestand deepest condolences to the people and the government ofSpain.

NOW, THEREFORE, BE IT RESOLVED by the membersof the Second Regular Session of the Fifty-seventh IdahoLegislature, the House of Representatives and the Senateconcurring therein, that we extend to the people and thegovernment of Spain our sincerest and deepest condolences. Weknow of the great outrage and pain which these events havevisited upon the people of Spain and upon the world community.We join citizens of goodwill and positive intent throughout theworld in condemning terrorist acts wherever and whenever theyare perpetrated.

BE IT FURTHER RESOLVED that the Chief Clerk of theHouse of Representatives be, and she is hereby authorized anddirected to forward a copy of this Memorial to the SpanishEmbassy.





DEPARTMENT OF AGRICULTURE FOR FISCAL YEAR2005 FOR AGRICULTURAL FIELD BURNING ANDAGRICULTURAL SMOKE MANAGEMENT.





H 473, as amended in the Senate, by Transportation andDefense Committee, was introduced, read the first time by titleand filed for second reading.



S 1232, as amended, by Judiciary and Rules Committee, wasread the second time by title and filed for third reading.

S 1289 and S 1292, by Health and Welfare Committee, wereread the second time by title and filed for third reading.










We, your COMMITTEE OF THE WHOLE HOUSE, reportthat we have had under consideration H 798, S 1323, H 800, andS 1439 and report them back without recommendation, amendedas follows:


AMENDMENTS TO SECTION 2On page 2 of the printed bill, in line 5, delete "or by any

county or municipality"; in line 16, delete "state or" and insert:"state"; and in line 17, delete "by any county or municipality,".

AMENDMENTS TO SECTION 3On page 2, delete lines 43 through 48 and insert:"(7.) To accept from any state, county, or city, or any public

official, any official books, records, documents, original papers,newspaper files, printed books, or portraits, not in current use.When such documents are so accepted, copies therefrom shall bemade and certified under the seal of the society upon applicationof any person, which person shall pay for such copies reasonablefees established by the society.".

On page 3, in line 2, following "9." insert: "(8)"; in line 4,delete "(8)" and insert: "(9)"; in line 8, delete "(9)" and insert:"(10)"; in line 9, delete "(10)" and insert: "(11)"; in line 10,delete "(11)" and insert: "(12)"; and in line 13, delete "(12)" andinsert: "(13)".

AMENDMENT TO SECTION 4On page 3, delete lines 51 through 53.

AMENDMENT TO SECTION 6On page 5, in line 23, following "trustees" insert: ", upon

notification to the cochairs of the joint finance-appropriationscommittee,".

HOUSE AMENDMENT TO S 1323


insert:"intoxicants or narcotics. School bus drivers shall be subject tomeet the physical examination standards of the federal motorcarrier safety regulations. Provided however, that individualswith insulin dependent diabetes mellitus, who are otherwisemedically qualified under the physical examination standards ofthe federal motor carrier safety regulations, may request a waiverfor this condition and, in the discretion of the board of trustees,be issued a school"; in line 29, following "education." insert:"from the state department of education. If the applicant meetsthe requirements as specified in subsections (1) through (7) of thissection, the department shall grant a waiver. The departmentshall notify each applicant and each affected school district of itsdetermination of eligibility with regard to each application for awaiver. An applicant shall:

(1) Document that he has no other disqualifying conditionsincluding diabetes-related complications;

(2) Document that he has had no recurring, two (2) or more,hypoglycemic reactions resulting in a loss of consciousness orseizure within the past five (5) years. A period of one (1) year ofdemonstrated stability is required following the first episode ofhypoglycemia;

(3) Document that he has had no recurrent hypoglycemicreactions requiring the assistance of another person within thepast five (5) years. A period of one (1) year of demonstratedstability is required following the first episode of hypoglycemia;

(4) Document that he has had no recurrent hypoglycemicreactions resulting in impaired cognitive function that occurredwithout warning symptoms within the past five (5) years. Aperiod of one (1) year of demonstrated stability is requiredfollowing the first episode of hypoglycemia;

(5) Document that he has been examined by a board-certifiedor board-eligible endocrinologist who has conducted a completemedical examination. The complete medical examination shallconsist of a comprehensive evaluation of the applicant' s medicalhistory and current status with a report including the followinginformation:

(1) The date insulin use began;(2) Diabetes diagnosis and disease history;(3) Hospitalization records;(4) Consultation notes for diagnostic examinations;(5) Special studies pertaining to the diabetes;(6) Follow-up reports;(g) Reports of any hypoglycemic insulin reactions within thelast five (5) years;(h) Two (2) measures of glycosylated hemoglobin, the firstninety (90) days before the last and current measure;(i) Insulin dosages and types, diet utilized for control andany significant factors such as smoking, alcohol use, andother medications or drugs taken; and(j) Examinations to detect any peripheral neuropathy orcirculatory insufficiency of the extremities;(6) Submit a signed statement from an examining

endocrinologist indicating the following medical determinations:(a) The endocrinologist is familiar with the applicant' smedical history for the past five (5) years, either throughactual treatment over that time or through consultation with aphysician who has treated the applicant during that time;(b) The applicant has been educated in diabetes and itsmanagement, thoroughly informed of and understands theprocedures which must be followed to monitor and managethe applicant' s diabetes and what procedures should befollowed if complications arise; and(c) The applicant has the ability and has demonstratedwillingness to properly monitor and manage the applicant' sdiabetes; and(7) Submit a separate signed statement from an

ophthalmologist or optometrist that the applicant has beenexamined and that the applicant does not have diabeticretinopathy and meets the vision standard in 49 CFR391.41(b)(10), or has been issued a valid medical exemption. Ifthe applicant has any evidence of diabetic retinopathy, theapplicant must be examined by an ophthalmologist and submit aseparate signed statement from the ophthalmologist that theapplicant does not have unstable advancing disease of bloodvessels in the retina, known as unstable proliferative diabeticretinopathy."; and delete lines 38 through 40 and insert: "49-105,Idaho Code, and a school bus driver' s permit issued by the boardof trustees and, if applicable, a waiver for insulin dependentdiabetes mellitus issued by the board of trustees state departmentof education. The school bus driver' s permit shall be in a".


On page 2, following line 10, insert:"The state department of education shall promulgate rules as

necessary for the determination of eligibility and issuance of awaiver to individuals with insulin dependent diabetes mellitus inaccordance with the provisions of this section.".

CORRECTION TO TITLEOn page 1, delete lines 3 and 4 and insert: "PROVIDE THAT

THE STATE DEPARTMENT OF EDUCATION MAY ISSUEA MEDICAL WAIVER TO INDIVIDUALS WITH INSULINDEPENDENT DIABETES MELLIT U S I F T HEDEPARTMENT DETERMINES THAT AN APPLICANT HASMET THE REQUIREMENTS AS SPECIFIED, AND TOREQUIRE THE DEPARTMENT TO PROMULGATE RULESAS NECESSARY TO IMPLEMENT THE PROVISIONS FORDETERMINING ELIGIBILITY AND ISSUING SUCHWAIVERS.".


AMENDMENTS TO SECTION 1On page 1 of the printed bill, delete lines 24 and 25, and

insert: "the owner to a bona fide lessee for grazing purposes; or".On page 2, delete line 1, and insert: "making agricultural

for-profit enterprise shall not be considered to be land"; anddelete lines 19 through 21, and insert:

"(6) As used in this section, " for-profit" means the enterprisewill over some period of time make or attempt to make a returnof income exceeding expenses.".

CORRECTION TO TITLEOn page 1, delete lines 5 and 6, and insert: "PURPOSES

AND TO DEFINE THE TERM "FOR-PROFIT"; DECLARINGAN EMERGENCY AND PROVIDING RETROACTIVEAPPLICATION.".


AMENDMENTS TO SECTION 1On page 2 of the printed bill, delete lines 37 through 52; on

page 3, delete lines 1 through 9 and insert:"70-2205. COOPERATION OF COUNTY. For the purpose

of cooperating in the planning, establishment, construction oroperation of an intermodal authority or any of its facilities, anygoverning body of the respective county for which an intermodalauthority has been created may:

(1) Dedicate, sell, convey or lease any of its interest in anyproperty or facility or grant easements, licenses, or any otherrights or privileges therein to the intermodal authority;

(2) Cooperate with the intermodal authority in the planningof an intermodal authority and its facilities; and

(3) Enter into agreements with the intermodal authorityrespecting action to be taken by the county pursuant to theprovisions of this section.";also on page 3, in line 12, delete ", but not limited to"; deletelines 13 through 15; in line 16, delete "(2)" and insert: "(1)"; inline 18, delete "(3)" and insert: "(2)"; in line 19, delete "(4)" andinsert: "(3)"; in line 20, delete "(5)" and insert: "(4)"; in line 22,delete "(6)" and insert: "(5)"; in line 26, delete "(7)" and insert:"(6)"; in line 31, delete "(8)" and insert: "(7)"; and in line 34,delete "(9)" and insert: "(8)".

On page 5, in line 10, delete "may" and insert: "shall"; inline 15, following "able." insert: "In no circumstance shall thebonds be payable with a property tax."; and on page 6, deletelines 11 through 17.

CORRECTIONS TO TITLEOn page 1, in line 11, delete "FUND," and insert: "FUND

AND"; and delete lines 12 and 13 and insert: "BLE TOFEDERAL, STATE AND LOCAL MONEY.".

We have also had under consideration S 1288 and report itback without recommendation and without amendments.

MOYLE, Chairman



H 798, as amended, and H 800, as amended, were referred tothe Judiciary, Rules, and Administration Committee forengrossing.

S 1323, as amended in the House, and S 1439, as amended inthe House, were filed for first reading.





Mr. Denney moved that all rules of the House interferingwith the immediate consideration of H 835 be suspended; that theportions of Section 15, Article 3 of the Constitution of the Stateof Idaho, requiring all bills to be read on three several days bedispensed with, this being a case of urgency; and that H 835 beread the first time by title, second time by title, and third time atlength, section by section, and placed before the House for finalconsideration. Seconded by Ms. Jaquet.



Bedke, Bell, Black, Block, Boe, Bolz, Bradford, Campbell,Cannon, Clark, Collins, Crow, Deal, Denney, Douglas, Eberle,Edmunson, Ellsworth, Eskridge, Field(18), Field(23), Gagner,Garrett, Harwood, Henbest, Jaquet, Kellogg, Kulczyk, Lake,Langhorst, Martinez, McGeachin, McKague, Meyer, Miller,Mitchell, Moyle, Naccarato, Nielsen, Pasley-Stuart, Raybould,Ridinger, Ring, Ringo, Roberts, Robison, Rydalch, Sali, Sayler,Schaefer, Shepherd, Shirley, Skippen, Smith(30), Smith(24),Smylie, Snodgrass, Stevenson, Trail, Wills, Wood, Mr. Speaker.Total -- 67.

NAYS -- None.Absent and excused -- Cuddy, Jones, Langford. Total -- 3.Total -- 70.


Whereupon the Speaker declared that more than two-thirds ofthe membership having voted in the affirmative, the motioncarried, the rules were suspended, and H 835 was read the firsttime by title, second time by title, and third time at length,section by section, and placed before the House for finalconsideration.




Bedke, Bell, Black, Block, Boe, Bolz, Bradford, Campbell,Cannon, Clark, Collins, Cuddy, Deal, Denney, Douglas, Eberle,Edmunson, Ellsworth, Eskridge, Field(18), Field(23), Gagner,Garrett, Harwood, Henbest, Jaquet, Jones, Kellogg, Kulczyk,Lake, Langhorst, Martinez, McGeachin, McKague, Meyer,Miller, Mitchell, Moyle, Naccarato, Nielsen, Pasley-Stuart,Raybould, Ridinger, Ring, Ringo, Roberts, Robison, Rydalch,Sali, Sayler, Schaefer, Shepherd, Shirley, Skippen, Smith(30),Smith(24), Smylie, Snodgrass, Stevenson, Trail, Wills, Wood,Mr. Speaker. Total -- 68.

NAYS -- None.Absent and excused -- Crow, Langford. Total -- 2.Total -- 70.


Mr. Denney moved that all rules of the House interferingwith the immediate consideration of H 829 be suspended; that theportions of Section 15, Article 3 of the Constitution of the Stateof Idaho, requir ing all bills to be read on three several days bedispensed with, this being a case of urgency; and that H 829 beread the first time by title, second time by title, and third time atlength, section by section, and placed before the House for finalconsideration. Seconded by Ms. Jaquet.





Whereupon the Speaker declared that more than two-thirds ofthe membership having voted in the affirmative, the motioncarried, the rules were suspended, and H 829 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 finalconsideration.



Roll call resulted as follows:AYES -- Andersen, Block, Boe, Cuddy, Deal, Douglas,

Edmunson, Field(18), Garrett, Harwood, Henbest, Jaquet, Jones,Kellogg, Langhorst, Martinez, Miller, Mitchell, Naccarato,Pasley-Stuart, Ring, Ringo, Robison, Sayler, Shepherd, Shirley,Smith(30), Smylie, Snodgrass, Trail, Mr. Speaker. Total -- 31.

NAYS -- Barraclough, Barrett, Bauer, Bayer, Bedke, Bell,Black, Bolz, Bradford, Campbell, Cannon, Clark, Collins, Crow,Denney, Eberle, Ellsworth, Eskridge, Field(23), Gagner,Kulczyk, Lake, Langford, McGeachin, McKague, Meyer,Moyle, Nielsen, Raybould, Ridinger, Roberts, Rydalch, Sali,Schaefer, Skippen, Stevenson, Wills, Wood. Total -- 38.

Absent and excused -- Smith(24). Total -- 1.Total -- 70.












Black, Block, Boe, Bolz, Bradford, Campbell, Cannon, Clark,Collins, Crow, Cuddy, Deal, Denney, Douglas, Eberle,Edmunson, Ellsworth, Eskridge, Field(18), Field(23), Harwood,Henbest, Jaquet, Jones, Kellogg, Lake, Langford, Langhorst,Martinez, McGeachin, Meyer, Miller, Mitchell, Moyle,Naccarato, Nielsen, Pasley-Stuart, Raybould, Ridinger, Ring,Ringo, Roberts, Robison, Rydalch, Sayler, Schaefer, Shepherd,Shirley, Skippen, Smith(30), Smith(24), Smylie, Snodgrass,Stevenson, Trail, Wills, Wood, Mr. Speaker. Total -- 64.

NAYS -- Barrett, Kulczyk, McKague, Sali. Total -- 4.Absent and excused -- Gagner, Garrett. Total -- 2.Total -- 70.












Eberle, Edmunson, Ellsworth, Eskridge, Field(18), Field(23),Gagner, Harwood, Henbest, Jaquet, Jones, Kulczyk, Lake,Langford, Langhorst, Martinez, McGeachin, McKague, Meyer,Miller, Moyle, Nielsen, Pasley-Stuart, Raybould, Ridinger,Ring, Ringo, Roberts, Robison, Rydalch, Sali, Sayler, Schaefer,Shepherd, Shirley, Skippen, Smith(30), Smith(24), Smylie,Snodgrass, Stevenson, Trail, Wills, Wood, Mr. Speaker.Total -- 66.

NAYS -- Kellogg, Mitchell, Naccarato. Total -- 3.Absent and excused -- Garrett. Total -- 1.Total -- 70.








Black, Block, Bolz, Bradford, Cannon, Clark, Collins, Crow,Deal, Denney, Eberle, Edmunson, Ellsworth, Eskridge,Field(18), Field(23), Gagner, Garrett, Harwood, Kellogg,Kulczyk, Lake, Langford, McGeachin, McKague, Meyer,Miller, Moyle, Nielsen, Raybould, Ring, Roberts, Rydalch, Sali,Schaefer, Shirley, Skippen, Smith(24), Smylie, Snodgrass,Stevenson, Wills, Wood, Mr. Speaker. Total -- 50.

NAYS -- Andersen, Boe, Campbell, Cuddy, Douglas,Henbest, Jaquet, Jones, Langhorst, Martinez, Mitchell,Naccarato, Pasley-Stuart, Ridinger, Ringo, Robison, Sayler,Shepherd, Smith(30), Trail. Total -- 20.

Total -- 70.



At this time, the Speaker recognized Mrs. Bell to opendebate.



Black, Block, Bolz, Bradford, Cannon, Clark, Collins, Crow,Deal, Denney, Eberle, Ellsworth, Eskridge, Field(18), Field(23),Gagner, Garrett, Harwood, Kellogg, Kulczyk, Lake, Langford,McGeachin, McKague, Meyer, Moyle, Nielsen, Raybould, Ring,Roberts, Rydalch, Sali, Schaefer, Shirley, Skippen, Smith(24),Stevenson, Wills, Wood, Mr. Speaker. Total -- 46.


NAYS -- Andersen, Boe, Campbell, Cuddy, Douglas,Edmunson, Henbest, Jaquet, Jones, Langhorst, Martinez, Miller,Mitchell, Naccarato, Pasley-Stuart, Ridinger, Ringo, Robison,Sayler, Shepherd, Smith(30), Smylie, Snodgrass, Trail.Total -- 24.

Total -- 70.






Black, Block, Bolz, Bradford, Campbell, Cannon, Clark,Collins, Crow, Deal, Denney, Eberle, Edmunson, Ellsworth,Eskridge, Field(18), Field(23), Gagner, Garrett, Harwood,Jones, Kellogg, Kulczyk, Lake, Langford, McGeachin,McKague, Meyer, Miller, Moyle, Nielsen, Raybould, Ring,Ringo, Roberts, Rydalch, Sali, Schaefer, Shepherd, Shirley,Skippen, Smith(24), Smylie, Snodgrass, Stevenson, Trail, Wills,Wood, Mr. Speaker. Total -- 55.

NAYS -- Andersen, Boe, Cuddy, Douglas, Henbest, Jaquet,Langhorst, Martinez, Naccarato, Pasley-Stuart, Ridinger,Robison, Sayler, Smith(30). Total -- 14.

Absent and excused -- Mitchell. Total -- 1.Total -- 70.




RECESS

Afternoon Session


Roll call showed 69 members present.Absent and excused -- Snodgrass. Total -- 1.Total -- 70.







Black, Block, Boe, Bolz, Bradford, Campbell, Cannon, Clark,Collins, Crow, Cuddy, Deal, Denney, Douglas, Eberle,Edmunson, Ellsworth, Field(18), Field(23), Gagner, Garrett,Harwood, Henbest, Jaquet, Jones, Kellogg, Kulczyk, Lake,Langford, Langhorst, Martinez, McGeachin, Meyer, Miller,Mitchell, Moyle, Naccarato, Nielsen, Pasley-Stuart, Raybould,Ridinger, Ring, Ringo, Roberts, Robison, Rydalch, Sali, Sayler,Schaefer, Shepherd, Shirley, Skippen, Smith(30), Smith(24),Smylie, Stevenson, Trail, Wills, Wood, Mr. Speaker.Total -- 66.

NAYS -- None.Absent and excused -- Barraclough, Eskridge, McKague,

Snodgrass. Total -- 4.Total -- 70.


Mr. Sali asked unanimous consent that Rule 70, with theexception of smoking, be suspended for the balance of theLegislative Week. There being no objection, it was so ordered.

Mr. Denney asked unanimous consent that S 1283 be placedat the top of the Third Reading Calendar on Wednesday,March 17, 2004. There being no objection, it was so ordered.





Bedke, Bell, Black, Block, Boe, Bolz, Bradford, Campbell,Cannon, Clark, Collins, Crow, Cuddy, Deal, Denney, Douglas,Eberle, Edmunson, Ellsworth, Field(18), Field(23), Gagner,Garrett, Harwood, Henbest, Jaquet, Jones, Kellogg, Kulczyk,Lake, Langford, Langhorst, Martinez, McGeachin, McKague,Meyer, Miller, Mitchell, Moyle, Naccarato, Nielsen,Pasley-Stuart, Raybould, Ridinger, Ring, Ringo, Roberts,Robison, Rydalch, Sali, Sayler, Schaefer, Shirley, Skippen,Smith(30), Smith(24), Smylie, Stevenson, Trail, Wills, Wood,Mr. Speaker. Total -- 67.

NAYS -- None.Absent and excused -- Eskridge, Shepherd, Snodgrass.








Roll call resulted as follows:AYES -- Andersen, Barraclough, Bauer, Black, Block,

Bradford, Campbell, Cannon, Clark, Collins, Cuddy, Deal,Denney, Douglas, Edmunson, Ellsworth, Eskridge, Field(18),Field(23), Garrett, Henbest, Jaquet, Kellogg, Lake, Langford,Langhorst, McGeachin, Miller, Mitchell, Naccarato, Nielsen,Pasley-Stuart, Ring, Ringo, Roberts, Robison, Rydalch, Sayler,Schaefer, Shepherd, Skippen, Smith(30), Smith(24), Smylie,Trail, Wills, Wood. Total -- 47.

NAYS -- Barrett, Bayer, Bedke, Bell, Boe, Bolz, Crow,Eberle, Harwood, Jones, Kulczyk, Martinez, McKague, Meyer,Moyle, Raybould, Ridinger, Sali, Shirley, Stevenson.Total -- 20.

Absent and excused -- Gagner, Snodgrass, Mr. Speaker.Total -- 3.

Total -- 70.






Black, Block, Boe, Bolz, Bradford, Campbell, Cannon, Clark,Collins, Crow, Cuddy, Deal, Denney, Douglas, Eberle,Edmunson, Ellsworth, Eskridge, Field(18), Field(23), Garrett,Harwood, Henbest, Jaquet, Jones, Kellogg, Lake, Langford,Langhorst, Martinez, McGeachin, Miller, Mitchell, Naccarato,Nielsen, Pasley-Stuart, Raybould, Ridinger, Ring, Ringo,Robison, Rydalch, Sali, Sayler, Schaefer, Shepherd, Shirley,Skippen, Smith(30), Smith(24), Smylie, Stevenson, Trail, Wills,Wood. Total -- 61.

NAYS -- Barrett, Kulczyk, McKague, Moyle. Total -- 4.Absent and excused -- Gagner, Meyer, Roberts, Snodgrass,


Whereupon the Speaker Pro Tem declared S 1262, asamended, passed the House. Title was approved and the bill wasordered returned to the Senate.


At this time, the Speaker Pro Tem recognized Mr. Ridingerto open debate.



Bedke, Bell, Black, Block, Boe, Bolz, Bradford, Campbell,Cannon, Clark, Collins, Crow, Cuddy, Deal, Denney, Douglas,Eberle, Edmunson, Ellsworth, Eskridge, Field(18), Field(23),Garrett, Harwood, Henbest, Jaquet, Jones, Kellogg, Kulczyk,Lake, Langford, Langhorst, Martinez, McGeachin, McKague,Meyer, Miller, Mitchell, Moyle, Naccarato, Nielsen,Pasley-Stuart, Raybould, Ridinger, Ring, Ringo, Robison,Rydalch, Sali, Sayler, Schaefer, Shepherd, Shirley, Skippen,Smith(30), Smith(24), Smylie, Stevenson, Trail, Wills, Wood.Total -- 66.

NAYS -- None.Absent and excused -- Gagner, Roberts, Snodgrass,




At this time, the Speaker Pro Tem recognized Mr. Smith(24)to open debate.



Bedke, Bell, Black, Block, Boe, Bolz, Bradford, Campbell,Cannon, Clark, Collins, Crow, Deal, Denney, Douglas, Eberle,Edmunson, Ellsworth, Eskridge, Field(18), Field(23), Garrett,Harwood, Henbest, Jaquet, Jones, Kellogg, Kulczyk, Lake,Langford, Langhorst, Martinez, McGeachin, McKague, Meyer,Miller, Mitchell, Moyle, Naccarato, Nielsen, Pasley-Stuart,Raybould, Ridinger, Ring, Ringo, Robison, Rydalch, Sali,Sayler, Schaefer, Shepherd, Shirley, Skippen, Smith(30),Smith(24), Smylie, Stevenson, Trail, Wills, Wood. Total -- 65.

NAYS -- None.Absent and excused -- Cuddy, Gagner, Roberts, Snodgrass,




At this time, the Speaker Pro Tem recognized Mrs. Field(18)to open debate.




Block, Boe, Bolz, Bradford, Campbell, Cannon, Clark, Collins,Crow, Deal, Denney, Douglas, Edmunson, Ellsworth, Eskridge,Field(18), Field(23), Garrett, Harwood, Henbest, Jaquet, Jones,Kellogg, Kulczyk, Lake, Langford, Langhorst, Martinez,McGeachin, Miller, Mitchell, Moyle, Naccarato, Nielsen,Pasley-Stuart, Raybould, Ridinger, Ring, Ringo, Robison,Rydalch, Sayler, Schaefer, Shepherd, Shirley, Skippen,Smith(30), Smith(24), Smylie, Stevenson, Trail, Wills, Wood.Total -- 59.

NAYS -- Barrett, Bauer, Eberle, McKague, Meyer.Total -- 5.

Absent and excused -- Cuddy, Gagner, Roberts, Sali,Snodgrass, Mr. Speaker. Total -- 6.

Total -- 70.



At this time, the Speaker Pro Tem recognized Mr. Bayer toopen debate.



Bedke, Bell, Black, Block, Boe, Bolz, Bradford, Campbell,Cannon, Collins, Crow, Deal, Denney, Douglas, Eberle,Edmunson, Ellsworth, Eskridge, Field(18), Field(23), Garrett,Harwood, Henbest, Jaquet, Jones, Kellogg, Kulczyk, Lake,Langford, Langhorst, Martinez, McGeachin, McKague, Meyer,Miller, Mitchell, Moyle, Naccarato, Nielsen, Pasley-Stuart,Raybould, Ridinger, Ring, Ringo, Robison, Rydalch, Sali,Sayler, Schaefer, Shepherd, Shirley, Skippen, Smith(30),Smith(24), Smylie, Stevenson, Trail, Wills, Wood. Total -- 64.

NAYS -- None.Absent and excused -- Clark, Cuddy, Gagner, Roberts,

Snodgrass, Mr. Speaker. Total -- 6.Total -- 70.



Adjournment

Mr. Moyle moved that the House adjourn until 9:30 a.m.,Wednesday, March 17, 2004. Seconded by Ms. Jaquet. Motioncarried.

Whereupon the Speaker Pro Tem declared the Houseadjourned at 2 p.m. BRUCE NEWCOMB, Speaker

ATTEST: PAMM JUKER, Chief Clerk

SIXTY-SIXTH LEGISLATIVE DAYWEDNESDAY, MARCH 17, 2004




Prayer was offered by Ron Crane, State Treasurer.


Approval of Journal


We, your COMMITTEE ON JUDICIARY, RULES, ANDADMINISTRATION, report that we have read and approved theHouse Journal of the Sixty-fifth Legislative Day and recommendthat same be adopted as corrected.

FIELD(18), Chairman




March 16, 2004




H 500, as amended in the Senate


Governor


I transmit herewith enrolled S 1430 and S 1431 for thesignature of the Speaker. WOOD, Secretary



I return herewith enrolled HCR 49 and HCR 46 which havebeen signed by the President. WOOD, Secretary

Enrolled HCR 49 and HCR 46 were referred to theJudiciary, Rules, and Administration Committee for delivery tothe Secretary of State.



I transmit herewith S 1443, S 1351, as amended, S 1314, asamended, S 1393, as amended, S 1346, as amended, S 1422, asamended, and S 1444 which have passed the Senate.

WOOD, Secretary

S 1443, S 1351, as amended, S 1314, as amended, S 1393, asamended, S 1346, as amended, S 1422, as amended, and S 1444were filed for first reading.


I return herewith H 521, H 488, H 619, H 482, as amended,H 670, H 585, H 633, H 669, and H 768 which have passed theSenate. WOOD, Secretary

H 521, H 488, H 619, H 482, as amended, H 670, H 585,H 633, H 669, and H 768 were referred to the Judiciary, Rules,and Administration Committee for enrolling.


I return herewith H 635, as amended in the Senate, H 586, asamended in the Senate, H 651, as amended, as amended in theSenate, and H 693, as amended in the Senate, which have passedthe Senate.

WOOD, Secretary

H 635, as amended in the Senate, H 586, as amended in theSenate, H 651, as amended, as amended in the Senate, andH 693, as amended in the Senate, were ordered held at the Desk.

Mr. Campbell asked unanimous consent that the Houseconcur in the Senate amendments to H 635, as amended in theSenate. There being no objection, it was so ordered.

Mr. Wills asked unanimous consent that the House concur inthe Senate amendments to H 586, as amended in the Senate.There being no objection, it was so ordered.

Mr. Cuddy asked unanimous consent that the House concur inthe Senate amendments to H 651, as amended, as amended in theSenate. There being no objection, it was so ordered.

Ms. Henbest asked unanimous consent that the House concurin the Senate amendments to H 693, as amended in the Senate.There being no objection, it was so ordered.

H 635, as amended in the Senate, H 586, as amended in theSenate, H 651, as amended, as amended in the Senate, andH 693, as amended in the Senate, were referred to the Judiciary,Rules, and Administration Committee for engrossing.



We, your COMMITTEE ON JUDICIARY, RULES, ANDADMINISTRATION report that we have printed HJM 26 andH 842 and House Amendments to H 798, S 1323, H 800, andS 1439. FIELD(18), Chairman



We, your COMMITTEE ON JUDICIARY, RULES, ANDADMINISTRATION, report that we have enrolled HJM 18,HCR 55, HCR 44, H 495, H 549, H 540, H 569, H 622,H 618, H 614, H 615, H 571, H 642, H 644, H 623, H 700,H 516, H 649, H 663, H 511, H 558, as amended, H 559,H 563, H 608, H 474, H 475, H 568, H 762, H 763, H 764,H 766, H 767, H 668, H 519, H 593, H 661, H 643, H 581, andH 524, as amended in the Senate.

FIELD(18), Chairman

The Speaker announced he was about to sign enrolledHJM 18, HCR 55, HCR 44, H 495, H 549, H 540, H 569,H 622, H 618, H 614, H 615, H 571, H 642, H 644, H 623,H 700, H 516, H 649, H 663, H 511, H 558, as amended,H 559, H 563, H 608, H 474, H 475, H 568, H 762, H 763,H 764, H 766, H 767, H 668, H 519, H 593, H 661, H 643,H 581, and H 524, as amended in the Senate, and, when sosigned, ordered them transmitted to the Senate for the signatureof the President.


We, your COMMITTEE ON JUDICIARY, RULES, ANDADMINISTRATION, report that we have engrossed H 520, asamended in the Senate, H 798, as amended, and H 800, asamended.

FIELD(18), Chairman

H 520, as amended in the Senate, H 798, as amended, andH 800, as amended, were filed for first reading of engrossedbills.


We, your COMMITTEE ON JUDICIARY, RULES, ANDADMINISTRATION, report that we have transmitted enrolledH 542, H 551, H 553, H 561, H 562, H 534, H 546, H 547,H 548, H 533, H 484, H 485, H 483, H 486, H 505, H 506,H 522, H 523, H 607, H 509, H 535, H 536, H 588, H 610,H 554, H 567, H 601, H 605, H 611, H 493, H 489, H 491,H 494, H 497, H 490, H 492, H 496, H 518, H 537, H 538, andH 480 to the Governor at 11:15 a.m. , as of this date,March 16, 2004. FIELD(18), Chairman


We, your COMMITTEE ON AGRICULTURAL AFFAIRS,report that we have had under consideration SCR 128, SCR 127,and S 1313, as amended, and recommend that they do pass.

JONES, Chairman

SCR 128, SCR 127, and S 1313, as amended, were filed forsecond reading.


We, your COMMITTEE ON TRANSPORTATION ANDDEFENSE, report that we have had under consideration S 1269,as amended, and recommend that it do pass.

WOOD, Chairman




We, your COMMITTEE ON HEALTH AND WELFARE,report that we have had under consideration S 1280, as amended,S 1301, as amended, and S 1418 and recommend that they dopass.

SALI, Chairman

S 1280, as amended, S 1301, as amended, and S 1418 werefiled for second reading.


We, your COMMITTEE ON HEALTH AND WELFARE,report that we have had under consideration S 1293 and report itback with amendments attached to be placed on General Ordersfor consideration.

SALI, Chairman




S 1351, as amended, and S 1346, as amended, by EducationCommittee, were introduced, read the first time by title, andreferred to the Education Committee.

S 1314, as amended, by Agricultural Affairs Committee, wasintroduced, read the first time by title, and referred to theAgricultural Affairs Committee.

S 1393, as amended, by Judiciary and Rules Committee, wasintroduced, read the first time by title, and referred to theJudiciary, Rules, and Administration Committee.

S 1422, as amended, by State Affairs Committee, wasintroduced, read the first time by title, and referred to theRevenue and Taxation Committee.

S 1444, by Finance Committee, was introduced, read the firsttime by title, and referred to the Education Committee.

S 1323, as amended in the House, by Education Committee,was introduced, read the first time by title, and filed for secondreading.

S 1439, as amended in the House, by State AffairsCommittee, was introduced, read the first time by title, and filedfor second reading.



H 520, as amended in the Senate, by Judiciary, Rules, andAdministration Committee, was introduced, read the first time bytitle and filed for second reading.




H 837, H 838, H 839, H 840, and H 841, by AppropriationsCommittee, were read the second time by title and filed for thirdreading.



S 1350, as amended, by Education Committee, was read thesecond time by title and filed for third reading.

S 1373, as amended, and S 1438, by State AffairsCommittee, were read the second time by title and filed for thirdreading.


H 473, as amended in the Senate, by Transportation andDefense Committee, was read the second time by title and filedfor third reading.

S 1288, by Health and Welfare Committee, was read thesecond time by title and filed for third reading.



At this time, the Speaker recognized Mrs. Bell and Mr. Ringto open debate.

Mr. Roberts moved that S 1283 be placed on General Ordersfor consideration. Seconded by Mr. Edmunson.

At this time, Mr. Edmunson introduced Senator Larry Craig,who spoke briefly to the Members of the House.



Bolz, Campbell, Clark, Crow, Cuddy, Deal, Denney, Eberle,Edmunson, Ellsworth, Eskridge, Harwood, Jones, Kellogg,Kulczyk, McKague, Meyer, Mitchell, Moyle, Nielsen, Ridinger,Roberts, Sali, Schaefer, Shepherd, Skippen, Smith(24), Smylie.Total -- 33.


NAYS -- Bedke, Bell, Black, Block, Boe, Bradford, Cannon,Collins, Douglas, Field(18), Field(23), Gagner, Garrett,Henbest, Jaquet, Lake, Langford, Langhorst, Martinez,McGeachin, Miller, Naccarato, Pasley-Stuart, Raybould, Ring,Ringo, Robison, Rydalch, Sayler, Shirley, Smith(30), Snodgrass,Stevenson, Trail, Wills, Wood, Mr. Speaker. Total -- 37.

Paired Vote: AYE -- Campbell. NAY -- Wills.(Pair enumerated in roll call above.)Total -- 70.

Whereupon the Speaker declared the motion failed.

Mr. Kulczyk asked unanimous consent that, pursuant toRule 22, discussion of other bills be allowed in debate of S 1283.There being no objection, it was so ordered.



Boe, Bradford, Cannon, Deal, Douglas, Ellsworth, Field(18),Field(23), Gagner, Garrett, Henbest, Jaquet, Jones, Lake,Langford, Langhorst, Martinez, McGeachin, Miller, Mitchell,Naccarato, Pasley-Stuart, Raybould, Ring, Ringo, Robison,Rydalch, Sayler, Shirley, Smith(30), Smith(24), Smylie,Snodgrass, Stevenson, Trail, Wills, Wood, Mr. Speaker.Total -- 44.

NAYS -- Barrett, Bauer, Bayer, Bolz, Campbell, Clark,Collins, Crow, Cuddy, Denney, Eberle, Edmunson, Eskridge,Harwood, Kellogg, Kulczyk, McKague, Meyer, Moyle, Nielsen,Ridinger, Roberts, Sali, Schaefer, Shepherd, Skippen.Total -- 26.

Paired Vote: AYE -- Wills. NAY -- Campbell.(Pair enumerated in roll call above.)Total -- 70.




RECESS









Bedke, Bell, Black, Block, Boe, Bolz, Bradford, Campbell,Cannon, Clark, Collins, Crow, Cuddy, Deal, Denney, Douglas,Eberle, Edmunson, Ellsworth, Eskridge, Field(18), Field(23),Garrett, Harwood, Henbest, Jaquet, Jones, Kellogg, Langford,Langhorst, Martinez, McGeachin, McKague, Meyer, Miller,Mitchell, Moyle, Naccarato, Nielsen, Pasley-Stuart, Raybould,Ridinger, Ring, Ringo, Robison, Rydalch, Sali, Sayler, Schaefer,Shepherd, Shirley, Skippen, Smith(30), Smith(24), Smylie,Snodgrass, Stevenson, Trail, Wills, Wood, Mr. Speaker.Total -- 66.

NAYS -- Kulczyk. Total -- 1.Absent and excused -- Gagner, Lake, Roberts. Total -- 3.Total -- 70.






Bedke, Bell, Black, Block, Boe, Bolz, Bradford, Campbell,Cannon, Clark, Collins, Crow, Cuddy, Deal, Denney, Douglas,Eberle, Edmunson, Ellsworth, Eskridge, Field(18), Field(23),Garrett, Harwood, Henbest, Jaquet, Kellogg, Kulczyk, Langford,Langhorst, Martinez, McGeachin, McKague, Meyer, Miller,Mitchell, Moyle, Naccarato, Nielsen, Pasley-Stuart, Raybould,Ridinger, Ring, Ringo, Robison, Rydalch, Sali, Sayler, Schaefer,Shepherd, Shirley, Skippen, Smith(30), Smith(24), Smylie,Snodgrass, Stevenson, Trail, Wills, Wood, Mr. Speaker.Total -- 66.

NAYS -- None.Absent and excused -- Gagner, Jones, Lake, Roberts.






Roll call resulted as follows:AYES -- Barraclough, Barrett, Bauer, Bayer, Bedke, Black,

Block, Bolz, Bradford, Campbell, Cannon, Clark, Collins, Crow,Deal, Denney, Eberle, Edmunson, Ellsworth, Field(18),


Field(23), Garrett, Harwood, Jones, Kellogg, Kulczyk,Langford, McGeachin, McKague, Meyer, Miller, Moyle,Nielsen, Pasley-Stuart, Raybould, Ridinger, Ring, Robison,Rydalch, Sali, Schaefer, Shepherd, Shirley, Skippen, Smith(24),Smylie, Snodgrass, Trail, Wills, Wood, Mr. Speaker.Total -- 51.

NAYS -- Andersen, Bell, Boe, Cuddy, Douglas, Eskridge,Henbest, Jaquet, Langhorst, Martinez, Mitchell, Naccarato,Ringo, Sayler, Smith(30), Stevenson. Total -- 16.

Absent and excused -- Gagner, Lake, Roberts. Total -- 3.Total -- 70.







Bedke, Bell, Black, Block, Boe, Bolz, Bradford, Campbell,Cannon, Clark, Collins, Crow, Cuddy, Deal, Denney, Douglas,Eberle, Edmunson, Ellsworth, Eskridge, Field(18), Field(23),Garrett, Harwood, Henbest, Jaquet, Jones, Kellogg, Kulczyk,Langford, Langhorst, Martinez, McGeachin, McKague, Meyer,Miller, Mitchell, Moyle, Naccarato, Nielsen, Pasley-Stuart,Raybould, Ridinger, Ring, Ringo, Roberts, Robison, Rydalch,Sali, Sayler, Schaefer, Shepherd, Shirley, Skippen, Smith(30),Smylie, Snodgrass, Stevenson, Trail, Wills, Wood, Mr. Speaker.Total -- 67.

NAYS -- None.Absent and excused -- Gagner, Lake, Smith(24). Total -- 3.Total -- 70.





Bell, Black, Block, Bolz, Bradford, Campbell, Cannon, Clark,Collins, Crow, Deal, Denney, Eberle, Edmunson, Ellsworth,

Eskridge, Field(18), Field(23), Gagner, Garrett, Harwood,Jones, Kellogg, Kulczyk, Lake, Langford, McGeachin,McKague, Meyer, Miller, Moyle, Nielsen, Raybould, Ridinger,Ring, Roberts, Rydalch, Sali, Schaefer, Shirley, Skippen,Smith(30), Smith(24), Smylie, Snodgrass, Stevenson, Wills,Wood, Mr. Speaker. Total -- 54.

NAYS -- Bauer, Boe, Cuddy, Douglas, Henbest, Jaquet,Langhorst, Martinez, Mitchell, Naccarato, Pasley-Stuart, Ringo,Robison, Sayler, Shepherd, Trail. Total -- 16.

Total -- 70.











Black, Block, Boe, Bolz, Bradford, Campbell, Cannon, Clark,Collins, Crow, Cuddy, Deal, Denney, Douglas, Eberle,Edmunson, Ellsworth, Eskridge, Field(18), Field(23), Gagner,Garrett, Harwood, Henbest, Jaquet, Jones, Kellogg, Lake,Langford, Langhorst, Martinez, Meyer, Miller, Mitchell, Moyle,Naccarato, Nielsen, Pasley-Stuart, Raybould, Ring, Ringo,


Roberts, Robison, Rydalch, Sali, Sayler, Schaefer, Shepherd,Shirley, Skippen, Smith(30), Smith(24), Smylie, Snodgrass,Stevenson, Trail, Wills, Wood, Mr. Speaker. Total -- 65.

NAYS -- Barrett, McGeachin, McKague, Ridinger.Total -- 4.

Absent and excused -- Kulczyk. Total -- 1.Total -- 70.











Black, Block, Boe, Bolz, Bradford, Campbell, Cannon, Clark,Collins, Crow, Cuddy, Deal, Denney, Douglas, Eberle,Edmunson, Ellsworth, Eskridge, Field(18), Field(23), Gagner,Garrett, Harwood, Henbest, Jaquet, Jones, Kellogg, Lake,Langford, Langhorst, Martinez, McGeachin, McKague, Meyer,Miller, Mitchell, Moyle, Naccarato, Nielsen, Pasley-Stuart,Raybould, Ridinger, Ring, Ringo, Roberts, Robison, Rydalch,

Sayler, Schaefer, Shepherd, Shirley, Skippen, Smith(30),Smith(24), Smylie, Snodgrass, Stevenson, Trail, Wills, Wood,Mr. Speaker. Total -- 67.

NAYS -- Barrett, Kulczyk, Sali. Total -- 3.Total -- 70.











Bedke, Bell, Black, Block, Boe, Bolz, Bradford, Campbell,Cannon, Clark, Collins, Crow, Cuddy, Deal, Denney, Douglas,Eberle, Edmunson, Ellsworth, Eskridge, Field(18), Field(23),Garrett, Harwood, Henbest, Jaquet, Jones, Kellogg, Lake,Langford, Langhorst, Martinez, McGeachin, McKague, Meyer,Miller, Mitchell, Naccarato, Nielsen, Pasley-Stuart, Raybould,Ridinger, Ring, Ringo, Roberts, Robison, Rydalch, Sali, Sayler,Schaefer, Shepherd, Shirley, Skippen, Smith(24), Smylie,Snodgrass, Stevenson, Trail, Wills, Wood, Mr. Speaker.Total -- 66.

NAYS -- Kulczyk. Total -- 1.Absent and excused -- Gagner, Moyle, Smith(30). Total -- 3.Total -- 70.











Roll call resulted as follows:AYES -- Barraclough, Bayer, Bell, Black, Block, Boe, Bolz,

Bradford, Campbell, Cannon, Clark, Collins, Crow, Cuddy,Deal, Denney, Douglas, Eberle, Edmunson, Ellsworth, Eskridge,Field(18), Field(23), Garrett, Harwood, Henbest, Jaquet, Jones,Kellogg, Kulczyk, Langford, Martinez, McGeachin, Meyer,Miller, Mitchell, Naccarato, Nielsen, Pasley-Stuart, Raybould,Ridinger, Ring, Ringo, Roberts, Robison, Rydalch, Sayler,Schaefer, Shepherd, Shirley, Skippen, Smith(30), Smith(24),Smylie, Snodgrass, Stevenson, Trail, Wills, Wood. Total -- 59.

NAYS -- Andersen, Barrett, Bauer, Langhorst, McKague,Sali, Mr. Speaker. Total -- 7.

Absent and excused -- Bedke, Gagner, Lake, Moyle.Total -- 4.

Total -- 70.


Mr. Denney moved that all rules of the House interferingwith the immediate consideration of S 1416 be suspended; thatthe portions of Section 15, Article 3 of the Constitution of theState of Idaho, requir ing all bills to be read on three several daysbe dispensed with, this being a case of urgency; and that S 1416be read the first time by title, second time by title, and third timeat length, section by section, and placed before the House forfinal consideration. Seconded by Ms. Jaquet.





Whereupon the Speaker declared that more than two-thirds ofthe membership having voted in the affirmative, the motioncarried, the rules were suspended, and S 1416 was read the firsttime by title, second time by title, and third time at length,section by section, and placed before the House for finalconsideration.




Bedke, Bell, Black, Block, Boe, Bolz, Bradford, Campbell,Cannon, Clark, Collins, Crow, Cuddy, Deal, Denney, Douglas,Eberle, Edmunson, Ellsworth, Eskridge, Field(18), Field(23),Gagner, Garrett, Harwood, Henbest, Jaquet, Jones, Kellogg,Kulczyk, Langford, Langhorst, Martinez, McGeachin, McKague,Meyer, Miller, Mitchell, Naccarato, Nielsen, Pasley-Stuart,Raybould, Ridinger, Ring, Ringo, Roberts, Robison, Rydalch,Sali, Sayler , Schaefer, Shepherd, Shirley, Skippen, Smith(30),Smith(24), Smylie, Snodgrass, Stevenson, Trail, Wills, Wood,Mr. Speaker. Total -- 68.

NAYS -- None.Absent and excused -- Lake, Moyle. Total -- 2.Total -- 70.


Mr. Denney moved that all rules of the House interferingwith the immediate consideration of S 1391 be suspended; thatthe portions of Section 15, Article 3 of the Constitution of theState of Idaho, requiring all bills to be read on three several daysbe dispensed with, this being a case of urgency; and that S 1391


be read the first time by title, second time by title, and third timeat length, section by section, and placed before the House forfinal consideration. Seconded by Ms. Jaquet.









Bedke, Bell, Black, Block, Boe, Bolz, Bradford, Campbell,Cannon, Clark, Collins, Cuddy, Deal, Denney, Douglas, Eberle,Edmunson, Eskridge, Field(18), Field(23), Gagner, Garrett,Henbest, Jaquet, Jones, Kellogg, Kulczyk, Lake, Langford,Langhorst, Martinez, McGeachin, McKague, Meyer, Miller,Mitchell, Moyle, Naccarato, Nielsen, Pasley-Stuart, Raybould,Ridinger, Ring, Ringo, Roberts, Robison, Rydalch, Sayler,Schaefer, Shepherd, Shirley, Skippen, Smith(30), Smith(24),Smylie, Snodgrass, Stevenson, Trail, Wills, Wood, Mr. Speaker.Total -- 66.

NAYS -- Ellsworth, Harwood, Sali. Total -- 3.Absent and excused -- Crow. Total -- 1.Total -- 70.








At this time, the Speaker recognized Mrs. Kellogg to opendebate.





Mr. Denney moved that all rules of the House interferingwith the immediate consideration of S 1350, as amended, besuspended; that the portions of Section 15, Article 3 of theConstitution of the State of Idaho, requir ing all bills to be read onthree several days be dispensed with, this being a case ofurgency; and that S 1350, as amended, be read the first time bytitle, second time by title, and third time at length, section bysection, and placed before the House for final consideration.Seconded by Ms. Jaquet.





Garrett, Harwood, Henbest, Jaquet, Jones, Kellogg, Kulczyk,Langford, Langhorst, Martinez, McGeachin, McKague, Meyer,Miller, Mitchell, Moyle, Naccarato, Nielsen, Pasley-Stuart,Raybould, Ridinger, Ring, Ringo, Roberts, Robison, Rydalch,Sali, Sayler, Schaefer, Shepherd, Shirley, Skippen, Smith(30),Smylie, Snodgrass, Stevenson, Trail, Wills, Wood, Mr. Speaker.Total -- 67.


Whereupon the Speaker declared that more than two-thirds ofthe membership having voted in the affirmative, the motioncarried, the rules were suspended, and S 1350, as amended, wasread the first time by title, second time by title, and third time atlength, section by section, and placed before the House for finalconsideration.




Bedke, Black, Block, Boe, Bolz, Bradford, Campbell, Cannon,Clark, Collins, Cuddy, Deal, Denney, Douglas, Eberle,Edmunson, Ellsworth, Eskridge, Field(18), Field(23), Gagner,Garrett, Harwood, Henbest, Jaquet, Jones, Kellogg, Kulczyk,Lake, Langford, Langhorst, Martinez, McGeachin, McKague,Meyer, Miller, Mitchell, Moyle, Naccarato, Nielsen, Pasley-Stuart, Raybould, Ridinger, Ring, Ringo, Roberts, Robison,Rydalch, Sali, Sayler, Schaefer, Shepherd, Shirley, Skippen,Smith(30), Smith(24), Smylie, Snodgrass, Stevenson, Trail,Wills, Wood, Mr. Speaker. Total -- 68.

NAYS -- None.Absent and excused -- Bell, Crow. Total -- 2.Total -- 70.


Mr. Denney moved that all rules of the House interferingwith the immediate consideration of S 1373, as amended, besuspended; that the portions of Section 15, Article 3 of theConstitution of the State of Idaho, requir ing all bills to be read onthree several days be dispensed with, this being a case ofurgency; and that S 1373, as amended, be read the first time bytitle, second time by title, and third time at length, section bysection, and placed before the House for final consideration.Seconded by Ms. Jaquet.



Bedke, Bell, Black, Block, Boe, Bolz, Bradford, Campbell,Cannon, Clark, Collins, Crow, Cuddy, Deal, Denney, Douglas,Eberle, Edmunson, Ellsworth, Eskridge, Field(18), Field(23),Garrett, Harwood, Henbest, Jaquet, Jones, Kellogg, Kulczyk,Langford, Langhorst, Martinez, McGeachin, McKague, Meyer,Miller, Mitchell, Moyle, Naccarato, Nielsen, Pasley-Stuart,

Raybould, Ridinger, Ring, Ringo, Roberts, Robison, Rydalch,Sali, Sayler, Schaefer, Shepherd, Shirley, Skippen, Smith(30),Smylie, Snodgrass, Stevenson, Trail, Wills, Wood, Mr. Speaker.Total -- 67.





Roll call resulted as follows:AYES -- Andersen, Barraclough, Bell, Block, Boe, Bradford,

Campbell, Deal, Denney, Douglas, Ellsworth, Garrett, Henbest,Jaquet, Jones, Kellogg, Langford, Langhorst, Martinez, Miller,Mitchell, Naccarato, Nielsen, Pasley-Stuart, Ridinger, Ring,Ringo, Robison, Sayler, Shepherd, Shirley, Smith(30),Smith(24), Smylie, Snodgrass, Stevenson, Trail, Wills,Mr. Speaker. Total -- 39.

NAYS -- Barrett, Bauer, Bayer, Bedke, Bolz, Cannon, Clark,Collins, Crow, Cuddy, Eberle, Eskridge, Gagner, Harwood,Kulczyk, Lake, McGeachin, McKague, Meyer, Moyle,Raybould, Rydalch, Sali, Schaefer, Skippen, Wood. Total -- 26.

Absent and excused -- Black, Edmunson, Field(18),Field(23), Roberts. Total -- 5.

Total -- 70.


Mr. Denney moved that all rules of the House interferingwith the immediate consideration of S 1438 be suspended; thatthe portions of Section 15, Article 3 of the Constitution of theState of Idaho, requiring all bills to be read on three several daysbe dispensed with, this being a case of urgency; and that S 1438be read the first time by title, second time by title, and third timeat length, section by section, and placed before the House forfinal consideration. Seconded by Ms. Jaquet.



Bedke, Bell, Black, Block, Boe, Bolz, Bradford, Campbell,Cannon, Clark, Collins, Crow, Cuddy, Deal, Denney, Douglas,Eberle, Edmunson, Ellsworth, Eskridge, Field(18), Field(23),Garrett, Harwood, Henbest, Jaquet, Jones, Kellogg, Kulczyk,Langford, Langhorst, Martinez, McGeachin, McKague, Meyer,Miller, Mitchell, Moyle, Naccarato, Nielsen, Pasley-Stuart,


Raybould, Ridinger, Ring, Ringo, Roberts, Robison, Rydalch,Sali, Sayler, Schaefer, Shepherd, Shirley, Skippen, Smith(30),Smylie, Snodgrass, Stevenson, Trail, Wills, Wood, Mr. Speaker.Total -- 67.



At this time, the Speaker recognized Mr. Shirley to opendebate.



Bell, Block, Boe, Bolz, Bradford, Campbell, Cannon, Clark,Collins, Crow, Cuddy, Deal, Denney, Douglas, Ellsworth,Eskridge, Field(18), Gagner, Garrett, Henbest, Jaquet, Jones,Kellogg, Lake, Langford, Langhorst, Martinez, McGeachin,Miller, Mitchell, Naccarato, Nielsen, Pasley-Stuart, Raybould,Ridinger, Ring, Ringo, Roberts, Robison, Sayler, Schaefer,Shepherd, Shirley, Skippen, Smith(30), Smith(24), Smylie,Snodgrass, Stevenson, Trail, Wills, Mr. Speaker. Total -- 57.

NAYS -- Bauer, Eberle, Harwood, Kulczyk, McKague,Meyer, Rydalch, Sali, Wood. Total -- 9.

Absent and excused -- Black, Edmunson, Field(23), Moyle.Total -- 4.

Total -- 70.


Mr. Denney moved that all rules of the House interferingwith the immediate consideration of H 560, as amended in theSenate, be suspended; that the portions of Section 15, Article 3 ofthe Constitution of the State of Idaho, requir ing all bills to beread on three several days be dispensed with, this being a case ofurgency; and that H 560, as amended in the Senate, be read thefirst time by title, second time by title, and third time at length,section by section, and placed before the House for finalconsideration. Seconded by Ms. Jaquet.



Bedke, Bell, Black, Block, Boe, Bolz, Bradford, Campbell,Cannon, Clark, Collins, Crow, Cuddy, Deal, Denney, Douglas,Eberle, Edmunson, Ellsworth, Eskridge, Field(18), Field(23),Garrett, Harwood, Henbest, Jaquet, Jones, Kellogg, Kulczyk,Langford, Langhorst, Martinez, McGeachin, McKague, Meyer,

Miller, Mitchell, Moyle, Naccarato, Nielsen, Pasley-Stuart,Raybould, Ridinger, Ring, Ringo, Roberts, Robison, Rydalch,Sali, Sayler, Schaefer, Shepherd, Shirley, Skippen, Smith(30),Smylie, Snodgrass, Stevenson, Trail, Wills, Wood, Mr. Speaker.Total -- 67.


Whereupon the Speaker declared that more than two-thirds ofthe membership having voted in the affirmative, the motioncarried, the rules were suspended, and H 560, as amended in theSenate, was read the first time by title, second time by title, andthird time at length, section by section, and placed before theHouse for final consideration.

At this time, the Speaker recognized Mrs. Miller to opendebate.



Boe, Bolz, Bradford, Campbell, Cannon, Clark, Collins, Cuddy,Deal, Douglas, Edmunson, Eskridge, Field(18), Gagner, Garrett,Henbest, Jaquet, Jones, Kellogg, Lake, Langford, Langhorst,Martinez, McGeachin, Meyer, Miller, Mitchell, Naccarato,Nielsen, Pasley-Stuart, Raybould, Ridinger, Ring, Ringo,Robison, Rydalch, Sayler, Shepherd, Shirley, Skippen,Smith(30), Smith(24), Smylie, Snodgrass, Stevenson, Trail,Wills, Mr. Speaker. Total -- 54.

NAYS -- Barrett, Bayer, Bedke, Crow, Denney, Eberle,Ellsworth, Harwood, Kulczyk, McKague, Moyle, Roberts, Sali,Schaefer, Wood. Total -- 15.

Absent and excused -- Field(23). Total -- 1.Total -- 70.


Mr. Denney moved that all rules of the House interferingwith the immediate consideration of H 473, as amended in theSenate, be suspended; that the portions of Section 15, Article 3 ofthe Constitution of the State of Idaho, requir ing all bills to beread on three several days be dispensed with, this being a case ofurgency; and that H 473, as amended in the Senate, be read thefirst time by title, second time by title, and third time at length,section by section, and placed before the House for finalconsideration. Seconded by Ms. Jaquet.





Garrett, Harwood, Henbest, Jaquet, Jones, Kellogg, Kulczyk,Langford, Langhorst, Martinez, McGeachin, McKague, Meyer,Miller, Mitchell, Moyle, Naccarato, Nielsen, Pasley-Stuart,Raybould, Ridinger, Ring, Ringo, Roberts, Robison, Rydalch,Sali, Sayler, Schaefer, Shepherd, Shirley, Skippen, Smith(30),Smylie, Snodgrass, Stevenson, Trail, Wills, Wood, Mr. Speaker.Total -- 67.






Black, Block, Boe, Bolz, Bradford, Campbell, Cannon, Collins,Crow, Cuddy, Deal, Denney, Douglas, Eberle, Edmunson,Ellsworth, Eskridge, Field(18), Gagner, Garrett, Harwood,Henbest, Jaquet, Jones, Kellogg, Kulczyk, Lake, Langford,Langhorst, Martinez, McGeachin, McKague, Meyer, Miller,Mitchell, Moyle, Naccarato, Nielsen, Pasley-Stuart, Raybould,Ridinger, Ring, Ringo, Roberts, Robison, Rydalch, Sali, Sayler,Schaefer, Shepherd, Shirley, Skippen, Smith(30), Smith(24),Smylie, Snodgrass, Stevenson, Trail, Wills, Mr. Speaker.Total -- 66.

NAYS -- None.Absent and excused -- Bedke, Clark, Field(23), Wood.







Eberle, Edmunson, Ellsworth, Eskridge, Field(18), Field(23),Garrett, Harwood, Henbest, Jaquet, Jones, Kellogg, Kulczyk,Langford, Langhorst, Martinez, McGeachin, McKague, Meyer,Miller, Mitchell, Moyle, Naccarato, Nielsen, Pasley-Stuart,Raybould, Ridinger, Ring, Ringo, Roberts, Robison, Rydalch,Sali, Sayler, Schaefer, Shepherd, Shirley, Skippen, Smith(30),Smylie, Snodgrass, Stevenson, Trail, Wills, Wood, Mr. Speaker.Total -- 67.






Bedke, Bell, Black, Block, Boe, Bradford, Campbell, Cannon,Clark, Collins, Crow, Deal, Denney, Douglas, Eberle,Edmunson, Ellsworth, Field(18), Gagner, Garrett, Harwood,Henbest, Jaquet, Jones, Kellogg, Kulczyk, Lake, Langford,Langhorst, Martinez, McGeachin, McKague, Meyer, Miller,Mitchell, Moyle, Naccarato, Nielsen, Pasley-Stuart, Raybould,Ridinger, Ring, Ringo, Roberts, Robison, Rydalch, Sali, Sayler,Schaefer, Shepherd, Shirley, Skippen, Smith(30), Smith(24),Smylie, Snodgrass, Stevenson, Trail, Wills, Mr. Speaker.Total -- 65.

NAYS -- Bolz, Eskridge. Total -- 2.Absent and excused -- Cuddy, Field(23), Wood. Total -- 3.Total -- 70.



A CONCURRENT RESOLUTIONSTATING L EGISL ATIVE FIN DINGS AND

AUTHORIZING THE LEGISLATIVE COUNCIL TO EXPANDTHE MEMBERSHIP AND SCOPE OF THE COMMITTEEAPPOINTED TO UNDERTAKE AND COMPLETE A STUDYOF NATURAL RESOURCE ISSUES.


WHEREAS, the First Regular Session of the Fifty-seventhIdaho Legislature adopted Senate Concurrent Resolution No. 103in 2003, which authorized the Legislative Council to appoint acommittee to undertake and complete a study of natural resource


issues and to make a repor t detailing its findings,recommendations and proposed legislation to the First RegularSession of the Fifty-eighth Idaho Legislature; and

WHEREAS, the committee has been studying water quality,endangered species act activities and reserved water right tribalissues and the Legislature believes that the membership of thiscommittee needs to be expanded and the scope of theirinvestigation and study needs to be broadened as well; and

WHEREAS, aquifers in many areas of Idaho continuelong-term declines, threatening economic well-being and creatinglegal conflicts; and

WHEREAS, delay in seeking means to bring long-termstability creates unacceptable risks to the well-being of ourcitizens; and

WHEREAS, the decline in water supplies of the EasternSnake Plain Aquifer and the Thousand Springs is causingconflicts between water users; and

WHEREAS, on March 15, 2004, water users and the statereached an agreement to suspend pending conflicts and to providea one-year period for the committee to develop and makerecommendations to the First Regular Session of the Fifty-eighthIdaho Legislature for implementation of long-term restoration andrecovery solutions for the Eastern Snake Plain Aquifer and theThousand Springs water supplies; and

WHEREAS, it is the desire of the Legislature that thecommittee study and evaluate ways to stabilize the waterdistribution system in Idaho and that various interests and peoplein the water supply arena be allowed to give input and testimonyto the committee; and

WHEREAS, the Legislature desires that the committeeinvolve persons with technical expertise in hydrology,engineering, economics and law in its deliberation and at aminimum conduct a study regarding water supply andmanagement issues in the Moscow, Rathdrum Prairie and SnakeRiver Plain Aquifers and the Bear River Drainage.

NOW, THEREFORE, BE IT RESOLVED by the membersof the Second Regular Session of the Fifty-seventh IdahoLegislature, the House of Representatives and the Senateconcurring therein, that the Legislative Council is authorized toexpand the membership of the committee which is undertakingand completing a study of natural resource issues and that thecochairmen of the committee are authorized to appoint advisorswith technical expertise in the water supply arena and areexpected to receive input from stakeholders in the water rightssystem of Idaho to attempt to stabilize the water delivery systemin this state.

BE IT FURTHER RESOLVED that any advisors to thecommittee who are not legislative members shall not bereimbursed from legislative funds for per diem, mileage or otherexpenses and shall not have voting privileges regarding thecommittee' s recommendations and proposed legislation.

BE IT FURTHER RESOLVED that the committee willensure in conjunction with the executive branch that all statecommitments set forth in the March 15, 2004, agreement betweenwater users and the state of Idaho are fulfilled.



Adjournment

Mr. Moyle moved that the House adjourn until 9:30 a.m.,Thursday, March 18, 2004. Seconded by Ms. Jaquet. Motioncarried.




SIXTY-SEVENTH LEGISLATIVE DAYTHURSDAY, MARCH 18, 2004






Approval of Journal


We, your COMMITTEE ON JUDICIARY, RULES, ANDADMINISTRATION, report that we have read and approved theHouse Journal of the Sixty-sixth Legislative Day and recommendthat same be adopted as corrected.

FIELD(18), Chairman




I transmit herewith enrolled S 1256, S 1257, S 1258, S 1259,S 1260, S 1276, S 1282, S 1311, S 1371, S 1382, SCR 129, andSJM 109 for the signature of the Speaker.

WOOD, Secretary

The Speaker announced he was about to sign enrolled S 1256,S 1257, S 1258, S 1259, S 1260, S 1276, S 1282, S 1311,S 1371, S 1382, SCR 129, and SJM 109 and, when so signed,ordered them returned to the Senate.


I transmit herewith S 1322, S 1445, and S 1441 which havepassed the Senate.

WOOD, Secretary

S 1322, S 1445, and S 1441 were filed for first reading.



I return herewith H 627, H 706, H 604, as amended, H 570,H 654, H 684, H 564, H 587, as amended, H 727, H 658,H 697, H 677, H 683, H 783, H 784, H 785, H 786, and H 724which have passed the Senate. WOOD, Secretary

H 627, H 706, H 604, as amended, H 570, H 654, H 684,H 564, H 587, as amended, H 727, H 658, H 697, H 677,H 683, H 783, H 784, H 785, H 786, and H 724 were referredto the Judiciary, Rules, and Administration Committee forenrolling.






We, your COMMITTEE ON JUDICIARY, RULES, ANDADMINISTRATION report that we have printed HCR 56.

FIELD(18), Chairman



We, your COMMITTEE ON JUDICIARY, RULES, ANDADMINISTRATION, report that we have enrolled H 521,H 488, H 619, H 482, as amended, H 670, H 585, H 633,H 669, H 768, H 560, as amended in the Senate, H 473, asamended in the Senate, H 627, H 706, H 604, as amended,H 570, H 654, H 684, H 564, H 587, as amended, H 727,H 658, H 697, H 677, H 683, H 783, H 784, H 785, H 786, andH 724.

FIELD(18), Chairman

The Speaker announced he was about to sign enrolled H 521,H 488, H 619, H 482, as amended, H 670, H 585, H 633,H 669, H 768, H 560, as amended in the Senate, H 473, asamended in the Senate, H 627, H 706, H 604, as amended,H 570, H 654, H 684, H 564, H 587, as amended, H 727,H 658, H 697, H 677, H 683, H 783, H 784, H 785, H 786, andH 724, and, when so signed, ordered them transmitted to theSenate for the signature of the President.


We, your COMMITTEE ON JUDICIARY, RULES, ANDADMINISTRATION, report that we have engrossed H 635, asamended in the Senate, H 586, as amended in the Senate, H 651,as amended, as amended in the Senate, and H 693, as amended inthe Senate.

FIELD(18), Chairman

H 635, as amended in the Senate, H 586, as amended in theSenate, H 651, as amended, as amended in the Senate, andH 693, as amended in the Senate, were filed for first reading ofengrossed bills.

March 18, 2004


ADMINISTRATION, report that we have transmitted enrolledHCR 49 and HCR 46 to the Secretary of State at 10:55 a.m., asof this date, March 17, 2004.

FIELD(18), Chairman

March 17, 2004

Mr. Speaker:We, your COMMITTEE ON WAYS AND MEANS, report

that we have had under consideration SCR 132 and recommendthat it do pass.

MEYER, Chairman

SCR 132 was filed for second reading.

March 17, 2004


ADMINISTRATION, report that we have had underconsideration S 1393, as amended, and recommend that it dopass.

FIELD(18), Chairman


March 17, 2004


had under consideration S 1389 and S 1435 and recommend thatthey do pass.

BLACK, Chairman





S 1441, by Judiciary and Rules Committee, was introduced,read the first time by title, and referred to the State AffairsCommittee.



H 635, as amended in the Senate, by Resources andConservation Committee, was introduced, read the first time bytitle and filed for second reading.


H 586, as amended in the Senate, by Judiciary, Rules, andAdministration Committee, was introduced, read the first time bytitle and filed for second reading.

H 651, as amended, as amended in the Senate, by Revenueand Taxation Committee, was introduced, read the first time bytitle and filed for second reading.



HJM 26, by Ways and Means Committee, was read thesecond time by title and filed for third reading.


SCR 128, SCR 127, S 1280, as amended, and S 1418, byJudiciary and Rules Committee, were read the second time bytitle and filed for third reading.

S 1313, as amended, by Agricultural Affairs Committee, wasread the second time by title and filed for third reading.

S 1269, as amended, by Local Government and TaxationCommittee, was read the second time by title and filed for thirdreading.

S 1301, as amended, by Health and Welfare Committee, wasread the second time by title and filed for third reading.

S 1323, as amended in the House, by Education Committee,was read the second time by title and filed for third reading.

S 1439, as amended in the House, by State AffairsCommittee, was read the second time by title and filed for thirdreading.


H 520, as amended in the Senate, by Judiciary, Rules, andAdministration Committee, was read the second time by title andfiled for third reading.

H 798, as amended, by State Affairs Committee, was read thesecond time by title and filed for third reading.

H 800, as amended, by Revenue and Taxation Committee,was read the second time by title and filed for third reading.








We, your COMMITTEE OF THE WHOLE HOUSE, reportthat we have had under consideration S 1293 and report it backwithout recommendation, amended as follows:



"authority." insert: "The consumer and family representativesshall be selected from nominations submitted by mental healthconsumer and advocacy organizations.".

MOYLE, Chairman



S 1293, as amended in the House, was filed for first reading.






Pursuant to Rule 38(3), Mr. Gagner disclosed a conflict ofinterest regarding H 832.


Roll call resulted as follows:AYES -- Barraclough, Black, Block, Bradford, Campbell,

Cannon, Clark, Collins, Crow, Cuddy, Deal, Ellsworth,Field(18), Gagner, Garrett, Henbest, Jaquet, Jones, Kellogg,Lake, Langhorst, Miller, Mitchell, Nielsen, Pasley-Stuart, Ring,Ringo, Roberts, Rydalch, Schaefer, Shirley, Skippen, Smith(24),Smylie, Trail, Wills, Mr. Speaker. Total -- 37.

NAYS -- Andersen, Barrett, Bauer, Bayer, Bedke, Bell, Boe,Bolz, Denney, Douglas, Eberle, Edmunson, Eskridge, Harwood,Kulczyk, Langford, Martinez, McGeachin, McKague, Meyer,


Moyle, Naccarato, Raybould, Ridinger, Robison, Sali, Sayler,Shepherd, Smith(30), Snodgrass, Stevenson, Wood. Total -- 32.

Absent and excused -- Field(23). Total -- 1.Total -- 70.







Bedke, Bell, Black, Block, Boe, Bolz, Bradford, Campbell,Cannon, Clark, Collins, Crow, Cuddy, Deal, Denney, Douglas,Eberle, Edmunson, Ellsworth, Eskridge, Field(18), Gagner,Garrett, Harwood, Henbest, Jaquet, Jones, Kellogg, Kulczyk,Lake, Langford, Langhorst, Martinez, McGeachin, McKague,Meyer, Mitchell, Moyle, Naccarato, Nielsen, Pasley-Stuart,Raybould, Ridinger, Ring, Ringo, Roberts, Robison, Rydalch,Sali, Sayler, Schaefer, Shepherd, Shirley, Skippen, Smith(30),Smith(24), Smylie, Snodgrass, Stevenson, Trail, Wills, Wood,Mr. Speaker. Total -- 68.

NAYS -- None.Absent and excused -- Field(23), Miller. Total -- 2.Total -- 70.






McKague, Meyer, Miller, Moyle, Nielsen, Pasley-Stuart,Raybould, Ring, Ringo, Roberts, Robison, Rydalch, Sali, Sayler,Schaefer, Shepherd, Shirley, Skippen, Smith(30), Smith(24),Smylie, Snodgrass, Stevenson, Trail, Wills, Wood, Mr. Speaker.Total -- 67.

NAYS -- Mitchell, Naccarato, Ridinger. Total -- 3.Paired Vote: AYE -- Denney. NAY -- Ridinger.(Pair enumerated in roll call above.)Total -- 70.




March 18, 2004


have had under consideration S 1444 and report it back withamendments attached to be placed on General Orders forconsideration.







RECESS


Roll call showed 69 members present.Absent and excused -- Trail. Total -- 1.Total -- 70.







I transmit herewith enrolled S 1262, as amended, S 1275,S 1353, S 1367, S 1379, S 1394, S 1407, S 1432, S 1433, andS 1434 for the signature of the Speaker.

WOOD, Secretary

The Speaker announced he was about to sign enrolled S 1262,as amended, S 1275, S 1353, S 1367, S 1379, S 1394, S 1407,S 1432, S 1433, and S 1434 and, when so signed, ordered themreturned to the Senate.

March 18, 2004

Mr. Speaker:I return herewith enrolled HJM 18, HCR 55, HCR 44,

H 495, H 549, H 540, H 569, H 622, H 618, H 614, H 615,H 571, H 642, H 644, H 623, H 700, H 516, H 649, H 663,H 511, H 558, as amended, H 559, H 563, H 608, H 474,H 475, H 568, H 762, H 763, H 764, H 766, H 767, H 668,H 519, H 593, H 661, H 643, H 581, and H 524, as amended inthe Senate, which have been signed by the President.

WOOD, Secretary

Enrolled H 495, H 549, H 540, H 569, H 622, H 618,H 614, H 615, H 571, H 642, H 644, H 623, H 700, H 516,H 649, H 663, H 511, H 558, as amended, H 559, H 563,H 608, H 474, H 475, H 568, H 762, H 763, H 764, H 766,H 767, H 668, H 519, H 593, H 661, H 643, H 581, and H 524,as amended in the Senate, were referred to the Judiciary, Rules,and Administration Committee for delivery to the Governor.

Enrolled HJM 18, HCR 55, and HCR 44 were referred tothe Judiciary, Rules, and Administration Committee for deliveryto the Secretary of State.

March 18, 2004

Mr. Speaker:I transmit herewith SJM 110, SCR 134, S 1446, and S 1417

which have passed the Senate.WOOD, Secretary

SJM 110, SCR 134, S 1446, and S 1417 were filed for firstreading.

March 18, 2004

Mr. Speaker:I return herewith HJM 20, HJM 22, HCR 54, HJM 21,

HJM 25, HJM 23, as amended, HJM 24, H 789, H 790, H 791,H 792, H 793, H 794, H 818, H 819, H 822, H 823, H 824, andH 795 which have passed the Senate.

WOOD, Secretary

HJM 20, HJM 22, HCR 54, HJM 21, HJM 25, HJM 23,as amended, HJM 24, H 789, H 790, H 791, H 792, H 793,H 794, H 818, H 819, H 822, H 823, H 824, and H 795 werereferred to the Judiciary, Rules, and Administration Committeefor enrolling.



We, your COMMITTEE ON JUDICIARY, RULES, ANDADMINISTRATION, report that we have enrolled HJM 20,HJM 22, HCR 54, HJM 21, HJM 25, HJM 23, as amended,HJM 24, H 789, H 790, H 791, H 792, H 793, H 794, H 818,H 819, H 822, H 823, H 824, and H 795.

FIELD(18), Chairman

The Speaker announced he was about to sign enrolledHJM 20, HJM 22, HCR 54, HJM 21, HJM 25, HJM 23, asamended, HJM 24, H 789, H 790, H 791, H 792, H 793,H 794, H 818, H 819, H 822, H 823, H 824, and H 795, and,when so signed, ordered them transmitted to the Senate for thesignature of the President.





THE SECRETARY OF THE DEPARTMENT OF THEINTERIOR, TO THE SENATE AND HOUSE OFREPRESENTATIVES OF THE UNITED STATES INCONGRESS ASSEMBLED, AND TO THE CONGRESSIONALDELEGATION REPRESENTING THE STATE OF IDAHO INTHE CONGRESS OF THE UNITED STATES.


WHEREAS, the majority of energy required by the PacificNorthwest is produced by hydropower; and

WHEREAS, spill for fish should be managed according to themost biologically effective level at each hydro project; and

WHEREAS, spilling to the maximum gas supersaturationlevels of one hundred twenty percent may be increasing mortalityat some dams when compared to what would occur at lesservolumes of spill; and

WHEREAS, the difference in survival between spillwaypassage and other passage methods may in some instances beminimal; and

WHEREAS, the maximum level of fish survival at eachproject may be different from and not necessarily correlated withthe most spill; and

WHEREAS, spill may have negative effects on returningadults; and

WHEREAS, there are few fish in the river system in July andAugust because the majority of smolts are barged; and

WHEREAS, the 2000 Biological Opinion provides adequatelatitude for spill adjustments including spill reductions; and

WHEREAS, spillway passage for migrating salmon can alsobe the passage method most costly to the regional power system,especially in years of low water or high market prices for energy;and


WHEREAS, the Bonneville Power Administration hasestimated the cost of spill in the months of July and August bythe Federal Columbia Power System to be approximately77 million dollars; and

WHEREAS, the Northwest Power and Conservation Councilhas called on the federal government to conduct an evaluation ofthe biological effectiveness and costs of spillway passage at eachproject.

NOW, THEREFORE, BE IT RESOLVED by the membersof the Second Regular Session of the Fifty-seventh IdahoLegislature, the House of Representatives and the Senateconcurring therein, that we request the United States governmentto conduct salmon survival evaluations in the 2004 spill year, thegoal of which should be to determine if it is possible to achievethe same or greater levels of survival and biological benefit tomigrating fish as is currently achieved while reducing the amountof water spilled, thus decreasing the adverse impacts on theregion' s power supply.

BE IT FURTHER RESOLVED that the Chief Clerk of theHouse of Representatives be, and she is hereby authorized anddirected to forward a copy of this Memorial to the President ofthe United States, to the Secretary of the United StatesDepartment of Interior, to the President of the Senate and theSpeaker of the House of Representatives of Congress, and thecongressional delegation representing the State of Idaho in theCongress of the United States.


SJM 110, by State Affairs Committee, was introduced, readthe first time by title, and referred to the Resources andConservation Committee.

SCR 134, by State Affairs Committee, was introduced, readthe first time by title, and referred to the Education Committee.


S 1446, by State Affairs Committee, was introduced, read thefirst time by title, and referred to the Commerce and HumanResources Committee.

S 1417, by Judiciary and Rules Committee, was introduced,read the first time by title, and referred to the Resources andConservation Committee.








We, your COMMITTEE OF THE WHOLE HOUSE, reportthat we have had under consideration S 1444 and report it backwithout recommendation, amended as follows:

HOUSE AMENDMENTS TO S 1444


insert:"(1) "Authorized chartering entity" means either the local

board of trustees of a school district in this state, or the publiccharter school commission pursuant to the provisions of thischapter.

(2) "Charter" means the grant of authority approved by theauthorized chartering entity to the board of directors of the publiccharter school.".

AMENDMENTS TO SECTION 3On page 3, delete lines 18 through 23 and insert:"(3) A public charter school may be formed either by creating

a new public charter school, which charter may be granted by anyauthorized chartering entity, or by converting an existingtraditional public school to a public charter status school, whichcharter may only be granted by the board of trustees of the schooldistrict in which the existing public school is located."; in line34, following "district." insert: "The limitation provided in thissubsection (4)(c) does not apply to a home-based public virtualschool."; in line 36, following "commission. " insert: "Inaddition, a charter may also be approved and granted by the stateboard of education pursuant to section 33-5207(5)(b), IdahoCode."; and delete lines 40 through 42 and insert:

"(7) The state board of education shall be responsible todesignate those public charter schools that will be identified as alocal education agency (LEA) as such term is defined in 34 CFR300.18; however, only public charter schools chartered by theboard of trustees of a school district may be included in thatdistrict' s LEA.".

AMENDMENTS TO SECTION 6On page 5, delete lines 38 through 51; delete pages 6 and 7;

and on page 8, delete lines 1 through 10 and insert:"33-5205. PETITION TO ESTABLISH PUBLIC CHARTER

SCHOOL. (1) Any group of persons may request the board oftrustees of a school district petition to establish a new publiccharter school, or to convert an existing traditional public schoolwithin the school district to a public charter status school.

(a) A petition to establish a new public charter school,including a public virtual charter school, shall be signed bynot fewer than thirty (30) qualified electors of the service areadesignated in the petition, and shall first be submitted to thelocal board of trustees in which the public charter school willbe located. The board of trustees may either: (i) consider thepetition and approve the charter; or (ii) consider the petitionand reject the charter; or (iii) refer the petition to the publiccharter school commission. If the petitioners and the localboard of trustees have not reached mutual agreement on theprovisions of the charter, after a reasonable and good faitheffort, within thirty (30) days from the date of the submissionof the charter petition, the petitioners may withdraw theirpetition from the local board of trustees and may submit their


charter petition to the public charter school commission.(b) A petition to convert an existing traditional public schoolshall be submitted to the board of trustees of the district inwhich the school is located for review after and approval.Tthe petition has been shall be signed by not less fewer thansixty percent (60%) of the teachers currently employed by theschool district at the school to be converted, and by one (1) ormore parents or guardians of not less fewer than sixty percent(60%) of the students currently attending the school to beconverted. A petition to establish a new charter school shallbe submitted to the board of trustees of the district for reviewafter the petition has been signed by not less than thirty (30)qualified electors of the district.(2) Not later than thirty (30) days after receiving a petition

signed in accordance with the specifications in subsection (1) ofthis section, the board of trustees authorized chartering entityshall hold a meeting open to the public for the purpose ofdiscussing the provisions of the charter, at which time the boardauthorized chartering entity shall consider the merits of thepetition and the level of employee and parental support for thepetition. In the case of a petition submitted to the public charterschool commission, the public hearing shall also include any oralor written comments that an authorized representative of theschool district in which the proposed public charter school wouldbe physically located may provide regarding the merits of thepetition and any potential impacts on the school district.Following review of the petition and the public hearing, the boardof trustees authorized chartering entity shall either grant or denythe charter within sixty (60) days of receipt of the petition,provided however, that the date may be extended by an additionalsixty (60) days if the petition fails to meet contain the requisitesignatures requirements or fails to contain all of the informationrequired in this section, or if both parties agree to the extension.

(3) A board of trustees An authorized chartering entity maygrant a charter for operation of a school under the provisions ofthis chapter only if it determines that the petition contains thenumber of requisite signatures, required, a statement of each ofthe conditions described in the information required bysubsection (4) of this section, and descriptions of additionalstatements describing all of the following:

(a) The proposed educational program of the public charterschool, designed among other things, to identify what itmeans to be an "educated person" in the twenty-first century,and how learning best occurs. The goals identified in theprogram shall include how all educational thoroughnessstandards as defined in section 33-1612, Idaho Code, shall befulfilled.(b) The measurable student educational standards identifiedfor use by the public charter school. "Student educationalstandards" for the purpose of this chapter means the extent towhich all students of the public charter school demonstratethey have attained the skills and knowledge specified as goalsin the school' s educational program.(c) The method by which student progress in meeting thosestudent educational standards is to be measured.(d) A provision by which students of the public charterschool will be tested with the same standardized tests as otherIdaho public school students.(e) A provision which ensures that the public charter schoolshall be state accredited as provided by rule of the state boardof education.(f) The governance structure of the public charter schoolincluding, but not limited to, the person or entity who shall belegally accountable for the operation of the public charter

school, and the process to be followed by the public charterschool to ensure parental involvement.(g) The qualifications to be met by individuals employed bythe public charter school. Instructional staff shall be certifiedteachers, or may apply for a waiver or any of the limitedcertification options as provided by rule of the state board ofeducation.(h) The procedures that the public charter school will followto ensure the health and safety of students and staff.(i) Admission procedures, including provision foroverenrollment. Such admission procedures shall provide thatthe iInitial admission procedures for a new public charterschool, not a renewal, including provision foroverenrollment, which specifies admission will be determinedby lottery or other random method, except as otherwiseprovided herein. If initial capacity is insufficient to enroll allpupils who submit a timely application, then the admissionprocedures may provide that preference shall be given in thefollowing order: first, to children of founders, provided thatthis admission preference shall be limited to not more than tenpercent (10%) of the capacity of the public charter school;second, to siblings of pupils already selected by the lottery orother random method; and second third, an equitable selectionprocess such as by lottery or other random method. Ifcapacity is insufficient to enroll all pupils for subsequentschool terms, who submit a timely application, then theadmission procedures may provide that preference shall begiven in the following order: first, to pupils returning to thepublic charter school in the second or any subsequent year ofits operation; second, to children of founders, provided thatthis admission preference shall be limited to not more than tenpercent (10%) of the capacity of the public charter school;third, to siblings of pupils already enrolled in the publiccharter school; and third fourth, an equitable selection processsuch as by lottery or other random method. There shall be nocarryover from year to year of the list maintained to fillvacancies. A new lottery shall be conducted each year to fillvacancies which become available.(j) The manner in which an annual audit of the financial andprogrammatic operations of the public charter school is to beconducted.(k) The disciplinary procedures by which that the publiccharter school will utilize, including the procedure by whichstudents can may be suspended, expelled and reenrolled.(l) A provision which ensures that all staff members of thepublic charter school will be covered by the public employeeretirement system, federal social security, unemploymentinsurance and worker' s compensation insurance.(m) The public school attendance alternative for studentsresiding within the school district who choose not to attendthe public charter school.(n) A description of the transfer rights of any employeechoosing to work in a public charter school and the rights ofsuch employees to return to any noncharter school in theschool district after employment at a public charter school.(o) A provision which ensures that the staff of the publiccharter school shall be considered a separate unit for purposesof collective bargaining.(p) The procedures to be followed by the public charterschool and the authorized chartering entity granting thecharter to resolve disputes relating to provisions of thecharter.(q) The manner by which special education services will beprovided to students with disabilities who are eligible


pursuant to the federal individuals with disabilities education act.(r) The manner by which eligible students from the publiccharter school shall be allowed to participate in dualenrollment in noncharter schools within the same district asthe public charter school, as provided for in chapter 2, title 33section 33-203(7), Idaho Code.(s) The process by which the citizens in the area ofattendance shall be made aware of the enrollmentopportunities of the public charter school.(4) The petitioner shall provide information regarding the

proposed operation and potential effects of the public charterschool including, but not limited to, the facilities to be utilized bythe public charter school, the manner in which administrativeservices of the public charter school are to be provided and thepotential civil liability effects upon the public charter school andupon the district authorized chartering entity.".

AMENDMENT TO SECTION 7On page 8, in line 48, delete "(jk)" and insert: "(j)".

AMENDMENTS TO SECTION 8On page 9, delete lines 2 through 54; and on page 10, delete

lines 1 through 10 and insert:"33-5207. CHARTER APPEAL PROCEDURE. (1) If a

local school board of trustees, acting in its capacity as anauthorized chartering entity, grants a charter for the conversionof an existing traditional public school within the school districtover the objection of thir ty (30) or more persons or employees ofthe district, or if an authorized chartering entity denies a petitionfor the establishment of a new public charter school for anyreason including, but not limited to, failure by the petitioner tofollow procedures or for failure to provide required information,then such decisions may be appealed to the state superintendent ofpublic instruction, at the request of persons opposing theconversion of an existing traditional public school, or at therequest of the petitioner whose request for a new charter wasdenied.

(2) The state superintendent of public instruction shall selecta hearing officer to review the action of the local board oftrustees authorized chartering entity, pursuant to section 67-5242,Idaho Code. The hearing officer shall, within thirty (30) days ofthe request, review the charter petition and convene a publichearing regarding the charter request petition. Within ten (10)days of the public hearing, the hearing officer shall submit awritten recommendation to the local board of trustees authorizedchartering entity and to the persons requesting the review. Therecommendation by the hearing officer either to affirm or reversethe decision of the authorized chartering entity shall be basedupon the standards and criteria contained in this chapter and uponany public charter school rules adopted by the state board ofeducation. The recommendation shall be in writing andaccompanied by a reasoned statement that explains the criteriaand standards considered relevant, states the relevant contestedfacts relied upon, and explains the rationale for therecommendations based on the applicable statutory provisions andfactual information contained in the record.

(3) Within thirty (30) days following receipt of the hearingofficer' s written recommendation, the local board of trusteesauthorized chartering entity shall hold a public hearing. Withinten (10) days of this hearing, the local board of trusteesauthorized chartering entity shall either affirm or reverse itsinitial decision. The board' s authorized chartering entity' sdecision shall be in writing and contain findings which explain

the reasons for its decision.(4) If, upon reconsideration of a decision to approve the

conversion of an existing traditional public school to a publiccharter school, the local school board:

(a) Affirms its initial decision to authorize such conversion,the charter shall be granted and there shall be no furtherappeal.(b) Reverses its initial decision and denies the conversion,that decision is final and there shall be no further appeal.(5) If, upon reconsideration of a decision to deny

establishment of a new public charter school, the local schoolboard authorized chartering entity:

(a) Reverses its initial decision and approves the new publiccharter school, the charter shall be granted and there shall beno further appeal.(b) Affirms its initial decision denying the new publiccharter school, the petitioners for the establishment of thenew public charter school may appeal to the state board ofeducation. The state board of education shall hold a publichearing at its next regular meeting within a reasonable timeafter receiving notice of such appeal but no later than sixty(60) calendar days after receiving such notice, and after thepublic hearing, shall take any of the following actions: (i)approve the charter for the establishment of a new publiccharter school if it determines that the local board of trusteesauthorized chartering entity failed to appropriately considerthe charter request petition, or if the local board it acted in anarbitrary manner in denying the request; (ii) remand thematter back to the authorized chartering entity for furtherreview as directed by the state board of education; or (iii)redirect the matter to another authorized chartering entity forfurther review as directed by the state board of education.Such public hearing shall be conducted pursuant to proceduresas set by the state board of education.(6) A public charter school for which a charter is granted by

the state board of education shall qualify fully as a public charterschool for all funding and other purposes of this chapter. Thestate board of education public charter school commission shallassume the role of the authorized chartering entity for any charterauthorized by the state board of education as provided insubsection (5)(b) of this section. Employees of a public charterschool authorized by the state board of education shall not beconsidered employees of the local school district in which thepublic charter school is located, nor of the state board ofeducation, nor of the commission.

(7) The finding decision of the state board of education shallbe subject to review pursuant to chapter 52, title 67, Idaho Code.Nothing in this section shall prevent a petitioner from bringing anew petition at a later time.

(8) There shall be no appeal of a decision by a local schoolboard of trustees which denies the conversion of an existingtraditional public school within that district to a public charterschool, or which grants a petition for the establishment of a newpublic charter school.".

AMENDMENTS TO SECTION 9On page 10, delete lines 13 through 53; and on page 11,

delete lines 1 through 16 and insert:"33-5209. T I M E L I M I T S E N F O R C E -

MENT -- REVOCATION -- APPEAL. (1) A charter grantedpursuant to this chapter shall be valid for a period not to exceedfive (5) years. A charter may be granted one (1) or moresubsequent renewals by the original granting authority. Eachrenewal shall be valid for a period not to exceed five (5) years. A


material revision of the provisions of the charter petition may bemade only with the approval of the authority which granted thecharter An authorized chartering entity shall ensure that all publiccharter schools for which it authorized charters, or for which ithas responsibility, operate in accordance with the charter granted.A public charter school may petition to revise its charter at anytime. The authorized chartering entity' s review of the revisedpetition shall be limited in scope solely to the proposed revisions.

(2) A charter may be revoked by the original grantingauthority iIf the authority finds authorized chartering entity hasreason to believe that the public charter school has done any ofthe following, it shall provide the public charter school writtennotice of the defect and provide a reasonable opportunity to curethe defect:

(a) Committed a material violation of any condition,standard or procedure set forth in the approved charter;petition;(b) Failed to substantially meet any of the studenteducational standards identified in the approved charter;petition;(c) Failed to meet generally accepted accounting standardsof fiscal management;(d) Failed to submit required reports to the authority whichauthorized chartering entity governing the charter; or(e) Violated any provision of law.(3) A charter may be revoked by the authorized chartering

entity if the public charter school has failed to cure a defect afterreceiving reasonable notice and having had a reasonableopportunity to cure the defect. Revocation may not occur until thepublic charter school has been afforded a public hearing and areasonable opportunity to cure the defect, unless the authorizedchartering entity reasonably determines that the continuedoperation of the public charter school presents an imminentpublic safety issue, in which case the charter may be revokedimmediately. Public hearings shall be conducted by the governingauthorized chartering entity, or such other person or personsappointed by the authorized chartering entity to conduct publichearings and receive evidence as a contested case in accordancewith section 67-5242, Idaho Code. Reasonable notice andopportunity to reply shall include, at a minimum, written noticesetting out the basis for consideration of revocation, a period ofnot less than thirty (30) days within which the public charterschool can reply in writing, and a public hearing within thirty(30) days of the receipt of the written reply.

(4) A decision to revoke, not to renew, or not to approve arevision of a charter may be appealed directly to the state boardof education. With respect to such appeal, tThe state board ofeducation shall essentially follow the procedure as provided insection 33-5207(5)(b), Idaho Code. In the event the state board ofeducation reverses a decision of revocation, the public charterschool subject to such action shall then be placed under thechartering authority of the commission. ".

AMENDMENTS TO SECTION 12On page 12, in line 26, following "current" insert: "board";

and delete lines 31 through 46 and insert:"(c) One (1) member shall be a member of the public atlarge not directly associated with the Idaho public educationsystem, and shall be appointed by the governor, subject to theadvice and consent of the senate.

For the purpose of establishing staggered terms of office, theinitial term of office for three (3) commission members shall befour (4) years and thereafter shall be four (4) years; the initialterm of office for two (2) members shall be three (3) years and

thereafter shall be four (4) years; and the initial term of office fortwo (2) members shall be two (2) years and thereafter shall befour (4) years. In making such appointments, the governor shallconsider regional balance. Members of the commission shallhold".

AMENDMENTS TO SECTION 14On page 13, in line 18, following "act" delete the remainder

of the line; delete line 19 and insert: ".".

CORRECTION TO TITLEOn page 1, in line 7, following "SCHOOL," insert: "TO

PROVIDE THAT A NEW PUBLIC CHARTER SCHOOL MAYBE APPROVED BY AN AUTHORIZED CHARTERINGENTITY,"; and in line 23, delete "PROVIDE" and insert:"CLARIFY THE".

MOYLE, Chairman



S 1444, as amended in the House, was filed for first reading.





We, your COMMITTEE ON HEALTH AND WELFARE,report that we have had under consideration S 1317, as amended,and S 1290 and recommend that they do pass.

SALI, Chairman

S 1317, as amended, and S 1290 were filed for secondreading.

Mr. Deal asked unanimous consent that H 798, as amended,be returned to the State Affairs Committee. There being noobjection, it was so ordered.


Adjournment

Mr. Moyle moved that the House adjourn until 9:30 a.m.,Friday, March 19, 2004. Seconded by Ms. Jaquet. Motioncarried.




SIXTY-EIGHTH LEGISLATIVE DAY


FRIDAY, MARCH 19, 2004



Roll call showed 68 members present.Absent and excused -- Bauer, Trail. Total -- 2.Total -- 70.


The Pledge of Allegiance was led by Laura Cox, Page.

Approval of Journal


We, your COMMITTEE ON JUDICIARY, RULES, ANDADMINISTRATION, report that we have read and approved theHouse Journal of the Sixty-seventh Legislative Day andrecommend that same be adopted as corrected.

FIELD(18), Chairman




I return herewith H 616, H 739, H 753, H 602, H 696, asamended, H 592, H 634, as amended, H 609, as amended,H 686, H 645, H 620, H 799, as amended, H 837, H 838,H 839, H 840, H 841, H 801, H 805, H 820, H 821, H 512, asamended, and H 638 which have passed the Senate.

WOOD, Secretary

H 616, H 739, H 753, H 602, H 696, as amended, H 592,H 634, as amended, H 609, as amended, H 686, H 645, H 620,H 799, as amended, H 837, H 838, H 839, H 840, H 841,H 801, H 805, H 820, H 821, H 512, as amended, and H 638were referred to the Judiciary, Rules, and AdministrationCommittee for enrolling.


I return herewith H 528, as amended in the Senate, H 539, asamended in the Senate, H 603, as amended in the Senate, H 780,as amended in the Senate, H 544, as amended, as amended in theSenate, H 745, as amended in the Senate, and H 755, as amendedin the Senate, which have passed the Senate. WOOD, Secretary

H 528, as amended in the Senate, H 539, as amended in theSenate, H 603, as amended in the Senate, H 780, as amended inthe Senate, H 544, as amended, as amended in the Senate,H 745, as amended in the Senate, and H 755, as amended in theSenate, were ordered held at the Desk.

Mr. Eberle asked unanimous consent that the House concur inthe Senate amendments to H 528, as amended in the Senate.There being no objection, it was so ordered.

Mr. Campbell asked unanimous consent that the House

concur in the Senate amendments to H 539, as amended in theSenate. There being no objection, it was so ordered.

Mr. Bolz asked unanimous consent that the House concur inthe Senate amendments to H 603, as amended in the Senate.There being no objection, it was so ordered.

Mr. Denney asked unanimous consent that the House concurin the Senate amendments to H 780, as amended in the Senate.There being no objection, it was so ordered.

Mr. Denney asked unanimous consent that the House concurin the Senate amendments to H 544, as amended, as amended inthe Senate. There being no objection, it was so ordered.

Mr. Raybould asked unanimous consent that the Houseconcur in the Senate amendments to H 745, as amended in theSenate. There being no objection, it was so ordered.

Mr. Stevenson asked unanimous consent that the Houseconcur in the Senate amendments to H 755, as amended in theSenate. There being no objection, it was so ordered.

H 528, as amended in the Senate, H 539, as amended in theSenate, H 603, as amended in the Senate, H 780, as amended inthe Senate, H 544, as amended, as amended in the Senate,H 745, as amended in the Senate, and H 755, as amended in theSenate, were referred to the Judiciary, Rules, and AdministrationCommittee for engrossing.




We, your COMMITTEE ON JUDICIARY, RULES, ANDADMINISTRATION report that we have printed HJM 27 andHouse Amendments to S 1293 and S 1444.

FIELD(18), Chairman

HJM 27 was filed for second reading.

March 19, 2004


ADMINISTRATION, report that we have enrolled H 616,H 739, H 753, H 602, H 696, as amended, H 592, H 634, asamended, H 609, as amended, H 686, H 645, H 620, H 799, asamended, H 837, H 838, H 839, H 840, H 841, H 801, H 805,H 820, H 821, H 512, as amended, and H 638.

FIELD(18), Chairman

The Speaker announced he was about to sign enrolled H 616,H 739, H 753, H 602, H 696, as amended, H 592, H 634, asamended, H 609, as amended, H 686, H 645, H 620, H 799, asamended, H 837, H 838, H 839, H 840, H 841, H 801, H 805,H 820, H 821, H 512, as amended, and H 638, and, when sosigned, ordered them transmitted to the Senate for the signatureof the President.

March 19, 2004



ADMINISTRATION, report that we have transmitted enrolledH 495, H 549, H 540, H 569, H 622, H 618, H 614, H 615,H 571, H 642, H 644, H 623, H 700, H 516, H 649, H 663,H 511, H 558, as amended, H 559, H 563, H 608, H 474,H 475, H 568, H 762, H 763, H 764, H 766, H 767, H 668,H 519, H 593, H 661, H 643, H 581, and H 524, as amended inthe Senate, to the Governor at 5 p.m., as of this date,March 18, 2004.

FIELD(18), Chairman


We, your COMMITTEE ON JUDICIARY, RULES, ANDADMINISTRATION, report that we have transmitted enrolledHJM 18, HCR 55, and HCR 44 to the Secretary of State at4:38 p.m., as of this date, March 18, 2004.

FIELD(18), Chairman


We, your COMMITTEE ON STATE AFFAIRS, report thatwe have had under consideration S 1441 and recommend that itdo pass.

DEAL, Chairman



We, your COMMITTEE ON REVENUE AND TAXATION,report that we have had under consideration S 1422, as amended,and recommend that it do pass.

CROW, Chairman



We, your COMMITTEE ON EDUCATION, report that wehave had under consideration S 1346, as amended, S 1347,S 1361, S 1363, S 1351, as amended, and S 1322 andrecommend that they do pass.


S 1346, as amended, S 1347, S 1361, S 1363, S 1351, asamended, and S 1322 were filed for second reading.




AN ACTRELATING TO WATER AND MONEYS FOR

REMEDIATION; PROVIDING LEGISLATIVE INTENT;APPROPRIATING ADDITIONAL MONEYS TO THEDEPARTMENT OF COMMERCE FOR FISCAL YEAR 2004;AUTHORIZING A N AD D I T IO N A L F ULL-TIM EEQUIVALENT POSITION FOR THE DEPARTMENT OF

COMMERCE FOR FISCAL YEAR 2004; APPROPRIATINGADDITIONAL MONEYS TO THE DEPARTMENT OFWATER RESOURCES FOR FISCAL YEAR 2004;AUTHORIZING AN ADDITIONAL FULL-TIMEEQUIVALENT POSITION FOR THE DEPARTMENT OFWATER RESOURCES FOR FISCAL YEAR 2004;APPROPRIATING AND TRANSFERRING GENERAL FUNDMONEYS TO THE WATER MANAGEMENT FUND FORFISCAL YEAR 2004; APPROPRIATING ADDITIONALMONEYS TO THE DEPARTMENT OF COMMERCE FORFISCAL YEAR 2005; AUTHORIZING AN ADDITIONALFULL-TIME EQUIVALENT POSITION FOR THEDEPARTMENT OF COMMERCE FOR FISCAL YEAR 2005;APPROPRIATING ADDITIONAL MONEYS TO THEDEPARTMENT OF WATER RESOURCES FOR FISCALYEAR 2005; AUTHORIZING AN ADDITIONAL FULL-TIMEEQUIVALENT POSITION FOR THE DEPARTMENT OFWATER RESOURCES FOR FISCAL YEAR 2005;APPROPRIATING ADDITIONAL DEDICATED FUNDMONEYS TO THE DEPARTMENT OF WATER RESOURCESFOR FISCAL YEAR 2005; APPROPRIATING ANDTRANSFERRING GENERAL FUND MONEYS TO THEREVOLVING DEVELOPMENT FUND FOR FISCAL YEAR2005; AND DECLARING AN EMERGENCY FORSECTIONS 1 THROUGH 6 OF THIS ACT.


AN ACTRELATING TO ROADS AND RIGHTS-OF-WAY;

AMENDING CHAPTER 2, TITLE 40, IDAHO CODE, BYTHE ADDITION OF A NEW SECTION 40-204B, IDAHOCODE, TO GRANT ORDINANCE AUTHORITY TO ABOARD OF COUNTY COMMISSIONERS TO ESTABLISH APROCESS AND CONDITIONS FOR THE PURPOSE OFDETERMINING THE STATUS, REGULATION ANDLOCATION OF FEDERALLY-GRANTED RIGHTS-OF-WAYASSERTED TO EXIST WITHIN THE JURISDICTION OFTHE COUNTY, TO PROVIDE EXCLUSIVE JURISDICTIONOF COUNTY COMMISSIONERS WITH AN EXCEPTION, TOPROVIDE A PROCEDURE, TO PROVIDE FOR RECORDINGA DETERMINATION, TO PROVIDE FOR JUDICIALREVIEW, TO PROVIDE DUTIES AND PROCEDURESREGARDING PHYSICAL BARRIERS AND BLOCKEDACCESS, TO AUTHORIZE THE STATE BOARD OF LANDCOMMISSIONERS TO MAKE AN INDEPENDENTDETERMIN ATION OF THE EXISTENCE OF AFEDERALLY-GRANTED RIGHT-OF-WAY ON STATEENDOWMENT LANDS, TO PROVIDE FOR CRIMINALAND CIVIL TRESPASS, TO DEFINE "FEDERALLY-GRANTED RIGHT-OF-WAY," TO PROVIDE FORREPORTING TO THE LEGISLATURE AND TO PROVIDEFUNDING; PROVIDING A SUNSET CLAUSE ANDPROVIDING FOR EFFECT OF AN ORDINANCE ADOPTEDUNDER THE PROVISIONS OF THIS SECTION; ANDDECLARING AN EMERGENCY.


AN ACTRELATING TO IDAHO COMMEMORATIVE SILVER

MEDALLIONS; AMENDING SECTION 67-1223, IDAHOCODE, TO AUTHORIZE THE STATE TREASURER TOMAKE ARRANGEMENTS FOR THE PROMOTION OF


MEDALLIONS AND TO RETAIN AMOUNTS FROM THESALE OF MEDALLIONS AS NECESSARY TO REPAY THESTATE TREASURE R FOR PROMOTION C OSTSINCURRED; AND DECLARING AN EMERGENCY.



STATE TREASURER FOR FISCAL YEAR 2005 ANDDIRECTING THE STATE TREASURER TO REPAY THEGENERAL FUND; AND APPROPRIATING ADDITIONALMONEYS TO THE STATE TREASURER FOR FISCAL YEAR2005.



SUPERINTENDENT OF PUBLIC INSTRUCTION/STATEDEPARTMENT OF EDUCATION FOR FISCAL YEAR 2005;AUTHORIZING ADDITIONAL FULL-TIME EQUIVALENTPOSITIONS; AND AMENDING CHAPTER 15, TITLE 33,IDAHO CODE, BY THE ADDITION OF A NEW SECTION33-1513, IDAHO CODE, TO PROVIDE FEES.

H 843, H 844, H 845, H 846, and H 847 were introduced,read the first time by title, and referred to the Judiciary, Rules,and Administration Committee for printing.

S 1293, as amended in the House, by Health and WelfareCommittee, was introduced, read the first time by title, and filedfor second reading.

S 1444, as amended in the House, by Finance Committee,was introduced, read the first time by title, and filed for secondreading.



HCR 56, by Ways and Means Committee, was read thesecond time by title and filed for third reading.

SCR 132, by State Affairs Committee, was read the secondtime by title and filed for third reading.

S 1393, as amended, S 1389, and S 1435, by Judiciary andRules Committee, were read the second time by title and filed forthird reading.


H 635, as amended in the Senate, by Resources andConservation Committee, was read the second time by title andfiled for third reading.

H 586, as amended in the Senate, by Judiciary, Rules, and

Administration Committee, was read the second time by title andfiled for third reading.

H 651, as amended, as amended in the Senate, by Revenueand Taxation Committee, was read the second time by title andfiled for third reading.


S 1317, as amended, and S 1290, by Health and WelfareCommittee, were read the second time by title and filed for thirdreading.





Whereupon the Speaker Pro Tem declared HJM 26 adoptedby voice vote and ordered the memorial transmitted to the Senate.





Bell, Black, Block, Boe, Bolz, Campbell, Cannon, Clark,Collins, Crow, Deal, Denney, Douglas, Eberle, Edmunson,Ellsworth, Eskridge, Field(18), Field(23), Gagner, Garrett,Harwood, Henbest, Jaquet, Jones, Kellogg, Kulczyk, Lake,Langford, Langhorst, Martinez, McGeachin, McKague, Meyer,Miller, Mitchell, Moyle, Naccarato, Nielsen, Pasley-Stuart,Raybould, Ridinger, Ring, Ringo, Roberts, Robison, Rydalch,Sali, Sayler, Schaefer, Shepherd, Shirley, Skippen, Smith(30),Smith(24), Smylie, Snodgrass, Stevenson, Wills, Wood.Total -- 65.

NAYS -- None.Absent and excused -- Bauer , Bradford, Cuddy, Trail,

















Bell, Black, Block, Bolz, Campbell, Cannon, Clark, Collins,Crow, Cuddy, Deal, Denney, Douglas, Eberle, Edmunson,Ellsworth, Eskridge, Field(23), Gagner, Garrett, Harwood,Henbest, Jaquet, Jones, Kulczyk, Lake, Langford, Langhorst,Martinez, McGeachin, McKague, Meyer, Miller, Mitchell,Nielsen, Pasley-Stuart, Raybould, Ridinger, Ring, Roberts,Robison, Rydalch, Sali, Sayler, Schaefer, Shepherd, Shirley,Skippen, Smith(30), Smith(24), Smylie, Snodgrass, Stevenson,Wills, Wood, Mr. Speaker. Total -- 61.

NAYS -- Naccarato. Total -- 1.Absent and excused -- Bauer, Boe, Bradford, Field(18),

Kellogg, Moyle, Ringo, Trail. Total -- 8.Total -- 70.






Bolz, Campbell, Cannon, Clark, Collins, Crow, Cuddy, Deal,Douglas, Edmunson, Ellsworth, Eskridge, Field(23), Gagner,Garrett, Harwood, Henbest, Jaquet, Jones, Lake, Langford,Langhorst, Martinez, Meyer, Miller, Mitchell, Naccarato,

Nielsen, Pasley-Stuart, Raybould, Ridinger, Ring, Ringo,Robison, Rydalch, Sayler, Shepherd, Shirley, Skippen,Smith(30), Smith(24), Smylie, Snodgrass, Stevenson, Wills,Mr. Speaker. Total -- 52.

NAYS -- Barrett, Bedke, Denney, Eberle, Kulczyk,McGeachin, McKague, Roberts, Sali, Schaefer, Wood.Total -- 11.

Absent and excused -- Bauer, Boe, Bradford, Field(18),Kellogg, Moyle, Trail. Total -- 7.

Total -- 70.





Roll call resulted as follows:AYES -- Andersen, Barraclough, Bayer, Bedke, Bell, Block,

Boe, Bolz, Campbell, Cannon, Clark, Collins, Crow, Cuddy,Deal, Denney, Douglas, Eberle, Ellsworth, Eskridge, Field(18),Field(23), Gagner, Garrett, Harwood, Henbest, Jaquet, Jones,Kulczyk, Lake, Langford, Langhorst, Martinez, McGeachin,McKague, Meyer, Miller, Mitchell, Moyle, Naccarato, Nielsen,Pasley-Stuart, Raybould, Ridinger, Ring, Ringo, Roberts,Robison, Rydalch, Sali, Sayler, Schaefer, Shepherd, Shirley,Skippen, Smith(30), Smith(24), Smylie, Snodgrass, Stevenson,Wills, Mr. Speaker. Total -- 62.

NAYS -- Barrett, Wood. Total -- 2.Absent and excused -- Bauer, Black, Bradford, Edmunson,

Kellogg, Trail. Total -- 6.Total -- 70.





Roll call resulted as follows:AYES -- Andersen, Barraclough, Barrett, Bayer, Bell, Block,

Boe, Bolz, Campbell, Cannon, Clark, Collins, Crow, Cuddy,Denney, Douglas, Eberle, Ellsworth, Eskridge, Field(18),Field(23), Gagner, Garrett, Harwood, Henbest, Jaquet, Jones,Kulczyk, Lake, Langford, Langhorst, Martinez, McGeachin,McKague, Meyer, Miller, Mitchell, Moyle, Naccarato, Nielsen,Pasley-Stuart, Raybould, Ridinger, Ring, Ringo, Robison,


Rydalch, Sali, Sayler, Schaefer, Shepherd, Shirley, Skippen,Smith(30), Smith(24), Smylie, Snodgrass, Stevenson, Wills,Wood, Mr. Speaker. Total -- 61.

NAYS -- None.Absent and excused -- Bauer, Bedke, Black, Bradford, Deal,

Edmunson, Kellogg, Roberts, Trail. Total -- 9.Total -- 70.





Roll call resulted as follows:AYES -- Andersen, Barraclough, Barrett, Bayer, Bell, Black,

Block, Boe, Bolz, Campbell, Cannon, Clark, Collins, Crow,Cuddy, Deal, Denney, Douglas, Eberle, Edmunson, Ellsworth,Eskridge, Field(18), Field(23), Gagner, Garrett, Harwood,Henbest, Jaquet, Jones, Kulczyk, Lake, Langford, Langhorst,Martinez, McGeachin, McKague, Meyer, Miller, Mitchell,Naccarato, Nielsen, Pasley-Stuart, Raybould, Ridinger, Ring,Ringo, Roberts, Robison, Rydalch, Sali, Sayler, Schaefer,Shepherd, Shirley, Skippen, Smith(30), Smith(24), Smylie,Snodgrass, Stevenson, Wills, Wood, Mr. Speaker. Total -- 64.

NAYS -- None.Absent and excused -- Bauer, Bedke, Bradford, Kellogg,

Moyle, Trail. Total -- 6.Total -- 70.


S 1323, as amended in the House, was read the third time atlength, section by section, and placed before the House for finalconsideration.


The question being, "Shall S 1323, as amended in the House,pass?"


Block, Boe, Bolz, Bradford, Campbell, Cannon, Clark, Collins,Crow, Cuddy, Deal, Denney, Douglas, Eberle, Edmunson,Ellsworth, Eskridge, Field(18), Field(23), Gagner, Garrett,Harwood, Henbest, Jaquet, Jones, Kulczyk, Lake, Langford,Langhorst, Martinez, McGeachin, McKague, Meyer, Miller,Mitchell, Naccarato, Nielsen, Pasley-Stuart, Raybould, Ridinger,

Ring, Ringo, Robison, Rydalch, Sali, Sayler, Schaefer,Shepherd, Shirley, Skippen, Smith(30), Smith(24), Smylie,Snodgrass, Stevenson, Wills, Wood, Mr. Speaker. Total -- 64.

NAYS -- None.Absent and excused -- Bauer, Bedke, Kellogg, Moyle,

Roberts, Trail. Total -- 6.Total -- 70.

Whereupon the Speaker declared S 1323, as amended in theHouse, passed the House. Title was approved and the bill wasordered returned to the Senate.

S 1439, as amended in the House, was read the third time atlength, section by section, and placed before the House for finalconsideration.




Block, Boe, Bolz, Bradford, Campbell, Cannon, Clark, Collins,Crow, Cuddy, Deal, Denney, Douglas, Eberle, Edmunson,Ellsworth, Eskridge, Field(18), Field(23), Gagner, Garrett,Harwood, Henbest, Jaquet, Jones, Kulczyk, Lake, Langford,Langhorst, Martinez, McGeachin, Meyer, Miller, Mitchell,Naccarato, Nielsen, Pasley-Stuart, Raybould, Ridinger, Ring,Ringo, Roberts, Robison, Rydalch, Sali, Sayler, Schaefer,Shepherd, Shirley, Skippen, Smith(30), Smylie, Snodgrass,Stevenson, Wills, Wood, Mr. Speaker. Total -- 63.

NAYS -- Barrett, McKague, Smith(24). Total -- 3.Absent and excused -- Bauer, Kellogg, Moyle, Trail.


Whereupon the Speaker declared S 1439, as amended in theHouse, passed the House. Title was approved and the bill wasordered returned to the Senate.





Bolz, Bradford, Campbell, Cannon, Clark, Collins, Crow,Cuddy, Deal, Denney, Douglas, Eberle, Edmunson, Ellsworth,Eskridge, Field(18), Field(23), Gagner, Garrett, Harwood,Henbest, Jaquet, Kellogg, Kulczyk, Lake, Langford, Langhorst,Martinez, McGeachin, Meyer, Miller, Mitchell, Moyle,Naccarato, Nielsen, Pasley-Stuart, Raybould, Ridinger, Ring,


Ringo, Roberts, Robison, Rydalch, Sali, Sayler, Schaefer,Shepherd, Shirley, Skippen, Smith(30), Smith(24), Smylie,Snodgrass, Stevenson, Wills, Wood, Mr. Speaker. Total -- 63.

NAYS -- Barrett, McKague. Total -- 2.Absent and excused -- Bauer, Bedke, Boe, Jones, Trail.







Block, Bolz, Bradford, Campbell, Cannon, Clark, Collins,Cuddy, Denney, Douglas, Eberle, Edmunson, Ellsworth,Eskridge, Field(18), Field(23), Gagner, Garrett, Harwood,Henbest, Jaquet, Kellogg, Kulczyk, Lake, Langford, Langhorst,McGeachin, McKague, Meyer, Miller, Mitchell, Moyle,Naccarato, Nielsen, Pasley-Stuart, Raybould, Ridinger, Ring,Ringo, Roberts, Robison, Rydalch, Sali, Sayler, Schaefer,Shepherd, Shirley, Skippen, Smith(30), Smith(24), Smylie,Snodgrass, Stevenson, Wills, Wood, Mr. Speaker. Total -- 62.

NAYS -- Martinez. Total -- 1.Absent and excused -- Bauer, Bedke, Boe, Crow, Deal,

Jones, Trail. Total -- 7.Total -- 70.




Mr. Denney moved that all rules of the House interferingwith the immediate consideration of HCR 56 be suspended; thatthe portions of Section 15, Article 3 of the Constitution of theState of Idaho, requiring all bills to be read on three several daysbe dispensed with, this being a case of urgency; and that HCR 56be read the first time by title, second time by title, and third timeat length, and placed before the House for final consideration.Seconded by Ms. Jaquet.



Block, Bolz, Bradford, Campbell, Cannon, Clark, Collins,Cuddy, Denney, Douglas, Eberle, Edmunson, Ellsworth,Eskridge, Field(18), Field(23), Garrett, Harwood, Henbest,

Jaquet, Kellogg, Kulczyk, Lake, Langford, Langhorst, Martinez,McGeachin, McKague, Meyer, Miller, Mitchell, Moyle,Naccarato, Nielsen, Pasley-Stuart, Raybould, Ridinger, Ring,Ringo, Roberts, Robison, Rydalch, Sali, Sayler, Schaefer,Shepherd, Shirley, Skippen, Smith(30), Smith(24), Smylie,Snodgrass, Stevenson, Wood, Mr. Speaker. Total -- 61.

NAYS -- None.Absent and excused -- Bauer, Bedke, Boe, Crow, Deal,

Gagner, Jones, Trail, Wills. Total -- 9.Total -- 70.

Whereupon the Speaker declared that more than two-thirds ofthe membership having voted in the affirmative, the motioncarried, the rules were suspended, and HCR 56 was read the firsttime by title, second time by title, and third time at length, andplaced before the House for final consideration.

At this time, the Speaker recognized Mr. Raybould andMr. Stevenson to open debate.



Block, Boe, Bolz, Bradford, Campbell, Cannon, Clark, Collins,Crow, Cuddy, Denney, Douglas, Eberle, Edmunson, Ellsworth,Eskridge, Field(18), Field(23), Gagner, Garrett, Harwood,Henbest, Jaquet, Jones, Kellogg, Kulczyk, Lake, Langford,Langhorst, Martinez, McGeachin, McKague, Meyer, Miller,Mitchell, Moyle, Naccarato, Nielsen, Pasley-Stuart, Raybould,Ridinger, Ring, Ringo, Roberts, Robison, Rydalch, Sali, Sayler,Shepherd, Shirley, Skippen, Smith(30), Smylie, Snodgrass,Stevenson, Wood, Mr. Speaker. Total -- 63.

NAYS -- None.Absent and excused -- Bauer, Bedke, Deal, Schaefer,

Smith(24), Trail, Wills. Total -- 7.Total -- 70.


Mr. Denney moved that all rules of the House interferingwith the immediate consideration of SCR 132 be suspended; thatthe portions of Section 15, Article 3 of the Constitution of theState of Idaho, requiring all bills to be read on three several daysbe dispensed with, this being a case of urgency; and thatSCR 132 be read the first time by title, second time by title, andthird time at length, and placed before the House for finalconsideration. Seconded by Ms. Jaquet.



Block, Bolz, Bradford, Campbell, Cannon, Clark, Collins,Cuddy, Denney, Douglas, Eberle, Edmunson, Ellsworth,Eskridge, Field(18), Field(23), Garrett, Harwood, Henbest,Jaquet, Kellogg, Kulczyk, Lake, Langford, Langhorst, Martinez,McGeachin, McKague, Meyer, Miller, Mitchell, Moyle,


Naccarato, Nielsen, Pasley-Stuart, Raybould, Ridinger, Ring,Ringo, Roberts, Robison, Rydalch, Sali, Sayler, Schaefer,Shepherd, Shirley, Skippen, Smith(30), Smith(24), Smylie,Snodgrass, Stevenson, Wood, Mr. Speaker. Total -- 61.



Whereupon the Speaker declared that more than two-thirds ofthe membership having voted in the affirmative, the motioncarried, the rules were suspended, and SCR 132 was read thefirst time by title, second time by title, and third time at length,and placed before the House for final consideration.




Boe, Bolz, Bradford, Campbell, Cannon, Clark, Collins, Crow,Cuddy, Denney, Douglas, Edmunson, Ellsworth, Eskridge,Field(18), Field(23), Gagner, Garrett, Henbest, Jaquet, Jones,Kellogg, Lake, Langford, Langhorst, Martinez, McKague,Meyer, Miller, Mitchell, Moyle, Naccarato, Nielsen, Pasley-Stuart, Raybould, Ridinger, Ring, Ringo, Robison, Sayler,Shepherd, Shirley, Skippen, Smith(30), Smylie, Snodgrass,Stevenson, Wills, Wood, Mr. Speaker. Total -- 56.

NAYS -- Barrett, Eberle, Harwood, Kulczyk, McGeachin,Roberts, Rydalch, Sali. Total -- 8.

Absent and excused -- Bauer, Bedke, Deal, Schaefer,Smith(24), Trail. Total -- 6.

Total -- 70.


Mr. Denney moved that all rules of the House interferingwith the immediate consideration of S 1393, as amended, besuspended; that the portions of Section 15, Article 3 of theConstitution of the State of Idaho, requiring all bills to be read onthree several days be dispensed with, this being a case ofurgency; and that S 1393, as amended, be read the first time bytitle, second time by title, and third time at length, section bysection, and placed before the House for final consideration.Seconded by Ms. Jaquet.



Block, Bolz, Bradford, Campbell, Cannon, Clark, Collins,Cuddy, Denney, Douglas, Eberle, Edmunson, Ellsworth,Eskridge, Field(18), Field(23), Garrett, Harwood, Henbest,Jaquet, Kellogg, Kulczyk, Lake, Langford, Langhorst, Martinez,McGeachin, McKague, Meyer, Miller, Mitchell, Moyle,Naccarato, Nielsen, Pasley-Stuart, Raybould, Ridinger, Ring,Ringo, Roberts, Robison, Rydalch, Sali, Sayler, Schaefer,

Shepherd, Shirley, Skippen, Smith(30), Smith(24), Smylie,Snodgrass, Stevenson, Wood, Mr. Speaker. Total -- 61.







Bell, Block, Boe, Bolz, Bradford, Campbell, Cannon, Clark,Crow, Cuddy, Deal, Denney, Douglas, Eberle, Edmunson,Ellsworth, Eskridge, Field(18), Field(23), Gagner, Garrett,Harwood, Henbest, Jaquet, Jones, Kellogg, Kulczyk, Lake,Langford, Langhorst, Martinez, McGeachin, McKague, Meyer,Miller, Naccarato, Nielsen, Pasley-Stuart, Raybould, Ridinger,Ring, Ringo, Roberts, Robison, Rydalch, Sali, Sayler, Schaefer,Shepherd, Shirley, Skippen, Smith(30), Smith(24), Smylie,Snodgrass, Stevenson, Wills, Wood, Mr. Speaker. Total -- 64.

NAYS -- None.Absent and excused -- Bauer, Black, Collins, Mitchell,

Moyle, Trail. Total -- 6.Total -- 70.





Block, Bolz, Bradford, Campbell, Cannon, Clark, Collins,Cuddy, Denney, Douglas, Eberle, Edmunson, Ellsworth,Eskridge, Field(18), Field(23), Garrett, Harwood, Henbest,Jaquet, Kellogg, Kulczyk, Lake, Langford, Langhorst, Martinez,McGeachin, McKague, Meyer, Miller, Mitchell, Moyle,Naccarato, Nielsen, Pasley-Stuart, Raybould, Ridinger, Ring,Ringo, Roberts, Robison, Rydalch, Sali, Sayler, Schaefer,


Shepherd, Shirley, Skippen, Smith(30), Smith(24), Smylie,Snodgrass, Stevenson, Wood, Mr. Speaker. Total -- 61.






Roll call resulted as follows:AYES -- Andersen, Barraclough, Bayer, Bedke, Bell, Block,

Boe, Bolz, Bradford, Campbell, Cannon, Clark, Collins, Cuddy,Deal, Denney, Douglas, Eberle, Edmunson, Eskridge, Field(18),Field(23), Gagner, Garrett, Harwood, Henbest, Jaquet, Jones,Kellogg, Langhorst, Martinez, McGeachin, Meyer, Miller,Mitchell, Naccarato, Nielsen, Pasley-Stuart, Ridinger, Ring,Ringo, Roberts, Robison, Rydalch, Sayler, Schaefer, Shepherd,Shirley, Smith(30), Smith(24), Smylie, Snodgrass, Stevenson,Wills, Mr. Speaker. Total -- 55.

NAYS -- Barrett, Crow, Kulczyk, Langford, McKague,Raybould, Sali, Wood. Total -- 8.

Absent and excused -- Bauer, Black, Ellsworth, Lake, Moyle,Skippen, Trail. Total -- 7.

Total -- 70.




RECESS

Afternoon Session


Roll call showed 68 members present.Absent and excused -- Bauer, Trail. Total -- 2.Total -- 70.



Mr. Denney asked unanimous consent that S 1444, asamended in the House, be placed on General Orders forconsideration. There being no objection, it was so ordered.

Mr. Harwood moved that he be allowed to change his vote onSCR 132 from “NAY” to “AYE”. Seconded by Mr. Bayer.

The question being, “Shall the motion pass?”

Whereupon the Speaker declared the motion carried by voicevote, and the revised roll call for SCR 132 resulted as follows:

AYES -- Andersen, Barraclough, Bayer, Bell, Black, Block,Boe, Bolz, Bradford, Campbell, Cannon, Clark, Collins, Crow,Cuddy, Denney, Douglas, Edmunson, Ellsworth, Eskridge,Field(18), Field(23), Gagner, Garrett, Harwood, Henbest,Jaquet, Jones, Kellogg, Lake, Langford,Langhorst, Martinez,McKague, Meyer, Miller, Mitchell, Moyle, Naccarato, Nielsen,Pasley-Stuart, Raybould, Ridinger, Ring, Ringo, Robison,Sayler, Shepherd, Shirley, Skippen, Smith(30), Smylie,Snodgrass, Stevenson, Wills, Wood, Mr. Speaker. Total -- 57.

NAYS -- Barrett, Eberle, Kulczyk, McGeachin, Roberts,Rydalch, Sali. Total -- 7.

Absent and excused -- Bauer, Bedke, Deal, Schaefer,Smith(24), Trail. Total -- 6.

Total -- 70.








We, your COMMITTEE OF THE WHOLE HOUSE, reportthat we have had under consideration S 1444, as amended in theHouse, and report it back without recommendation, amended asfollows:

HOUSE AMENDMENT TOHOUSE AMENDMENT TO S 1444

AMENDMENT TO THE AMENDMENT TO SECTION 9On page 6 of the printed amendment, in line 1, following

"granted." insert: "A public charter school or the authorizedchartering entity may enter into negotiations to revise its charterat any time.".

AMENDMENT TO THE AMENDMENTOn page 7 of the printed amendment, delete lines 1 through 3

and insert:


"AMENDMENT TO THE BILLOn page 13, delete lines 16 through 19, and renumber the

subsequent section accordingly.".

AMENDMENT TO THE CORRECTION TO TITLEOn page 7 of the printed amendment, in line 7, delete "and

in" and insert: "in"; also in line 7, following "THE"" insert: "; inline 31, delete "GOVERNING EFFECT UPON EXISTINGPUB-"; and in line 32, delete "LIC CHARTER SCHOOLS;"".

MOYLE, Chairman



S 1444, as amended in the House, as amended in the House,was filed for first reading.





I transmit herewith enrolled S 1232, as amended, S 1279, asamended, as amended in the House, S 1283, S 1288, S 1289,S 1292, S 1350, as amended, S 1373, as amended, S 1391,S 1416, S 1438, and S 1440 for the signature of the Speaker.

WOOD, Secretary

The Speaker announced he was about to sign enrolled S 1232,as amended, S 1279, as amended, as amended in the House,S 1283, S 1288, S 1289, S 1292, S 1350, as amended, S 1373,as amended, S 1391, S 1416, S 1438, and S 1440 and, when sosigned, ordered them returned to the Senate.


I return herewith enrolled H 521, H 488, H 619, H 482, asamended, H 670, H 585, H 633, H 669, H 768, H 560, asamended in the Senate, H 473, as amended in the Senate, H 627,H 706, H 604, as amended, H 570, H 654, H 684, H 564,H 587, as amended, H 727, H 658, H 697, H 677, H 683,H 783, H 784, H 785, H 786, H 724, HJM 20, HJM 22,HCR 54, HJM 21, HJM 25, HJM 23, as amended, HJM 24,H 789, H 790, H 791, H 792, H 793, H 794, H 818, H 819,H 822, H 823, H 824, and H 795 which have been signed by thePresident. WOOD, Secretary

Enrolled H 521, H 488, H 619, H 482, as amended, H 670,H 585, H 633, H 669, H 768, H 560, as amended in the Senate,H 473, as amended in the Senate, H 627, H 706, H 604, asamended, H 570, H 654, H 684, H 564, H 587, as amended,H 727, H 658, H 697, H 677, H 683, H 783, H 784, H 785,H 786, H 724, H 789, H 790, H 791, H 792, H 793, H 794,H 818, H 819, H 822, H 823, H 824, and H 795 were referredto the Judiciary, Rules, and Administration Committee fordelivery to the Governor.

Enrolled HJM 20, HJM 22, HCR 54, HJM 21, HJM 25,HJM 23, as amended, and HJM 24 were referred to theJudiciary, Rules, and Administration Committee for delivery tothe Secretary of State.



We, your COMMITTEE ON JUDICIARY, RULES, ANDADMINISTRATION report that we have printed H 843, H 844,H 845, H 846, and H 847 and House Amendments to S 1444, asamended in the House.

FIELD(18), Chairman




We, your COMMITTEE ON JUDICIARY, RULES, ANDADMINISTRATION, report that we have enrolled H 520, asamended in the Senate.

FIELD(18), Chairman

The Speaker announced he was about to sign enrolled H 520,as amended in the Senate, and, when so signed, ordered ittransmitted to the Senate for the signature of the President.


We, your COMMITTEE ON JUDICIARY, RULES, ANDADMINISTRATION, report that we have engrossed H 528, asamended in the Senate, H 539, as amended in the Senate, H 603,as amended in the Senate, H 780, as amended in the Senate,H 544, as amended, as amended in the Senate, H 745, asamended in the Senate, and H 755, as amended in the Senate.

FIELD(18), Chairman

H 528, as amended in the Senate, H 539, as amended in theSenate, H 603, as amended in the Senate, H 780, as amended inthe Senate, H 544, as amended, as amended in the Senate,H 745, as amended in the Senate, and H 755, as amended in theSenate, were filed for first reading of engrossed bills.


We, your COMMITTEE ON COMMERCE AND HUMANRESOURCES, report that we have had under considerationS 1446 and recommend that it do pass.

SCHAEFER, Chairman



We, your COMMITTEE ON RESOURCES ANDCONSERVATION, report that we have had under considerationS 1417 and SJM 110 and recommend that they do pass.

STEVENSON, Chairman

S 1417 and SJM 110 were filed for second reading.




S 1444, as amended in the House, as amended in the House,by Finance Committee, was introduced, read the first time bytitle, and filed for second reading.


H 528, as amended in the Senate, by Business Committee,was introduced, read the first time by title and filed for secondreading.

H 539, as amended in the Senate, and H 755, as amended inthe Senate, by State Affairs Committee, were introduced, readthe first time by title and filed for second reading.

H 603, as amended in the Senate, by Education Committee,was introduced, read the first time by title and filed for secondreading.

H 780, as amended in the Senate, by Revenue and TaxationCommittee, was introduced, read the first time by title and filedfor second reading.

H 544, as amended, as amended in the Senate, byEnvironmental Affairs Committee, was introduced, read the firsttime by title and filed for second reading.

H 745, as amended in the Senate, by Ways and MeansCommittee, was introduced, read the first time by title and filedfor second reading.



Mr. Denney moved that all rules of the House interferingwith the immediate consideration of S 1444, as amended in theHouse, as amended in the House, be suspended; that the portionsof Section 15, Article 3 of the Constitution of the State of Idaho,requiring all bills to be read on three several days be dispensedwith, this being a case of urgency; and that S 1444, as amendedin the House, as amended in the House, be read the first time bytitle, second time by title, and third time at length, section bysection, and placed before the House for final consideration.Seconded by Mr. Moyle.


Roll call resulted as follows:AYES -- Barraclough, Barrett, Bayer, Bedke, Bell, Black,

Block, Bolz, Bradford, Campbell, Cannon, Clark, Collins, Crow,Cuddy, Deal, Denney, Eberle, Edmunson, Ellsworth, Eskridge,Field(18), Field(23), Gagner, Garrett, Harwood, Jones, Kellogg,Kulczyk, Lake, Langford, Martinez, McGeachin, McKague,Meyer, Miller, Mitchell, Moyle, Nielsen, Raybould, Ridinger,

Ring, Robison, Rydalch, Sali, Schaefer, Shepherd, Shirley,Skippen, Smith(24), Smylie, Snodgrass, Stevenson, Wills, Wood,Mr. Speaker. Total -- 56.

NAYS -- Andersen, Boe, Douglas, Henbest, Jaquet,Langhorst, Naccarato, Pasley-Stuart, Ringo, Sayler, Smith(30).Total -- 11.

Absent and excused -- Bauer, Roberts, Trail. Total -- 3.Total -- 70.

Whereupon the Speaker declared that more than two-thirds ofthe membership having voted in the affirmative, the motioncarried, the rules were suspended, and S 1444, as amended in theHouse, as amended in the House, 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 Mr. Denney took the Chair.

At this time, the Speaker Pro Tem recognized Mrs. Rydalchto open debate.

The question being, "Shall S 1444, as amended in the House,as amended in the House, pass?"


Black, Block, Bolz, Bradford, Campbell, Cannon, Clark,Collins, Crow, Cuddy, Deal, Denney, Douglas, Eberle,Edmunson, Ellsworth, Eskridge, Field(18), Field(23), Gagner,Garrett, Harwood, Kellogg, Kulczyk, Lake, Langford,McGeachin, McKague, Meyer, Miller, Moyle, Nielsen,Raybould, Ring, Roberts, Rydalch, Sali, Schaefer, Shirley,Skippen, Smith(24), Smylie, Snodgrass, Stevenson, Wills, Wood.Total -- 52.

NAYS -- Andersen, Boe, Henbest, Jaquet, Jones, Langhorst,Martinez, Mitchell, Naccarato, Pasley-Stuart, Ridinger, Ringo,Robison, Sayler, Shepherd, Smith(30), Trail. Total -- 17.

Absent and excused -- Mr. Speaker. Total -- 1.Paired Votes: AYE -- Collins. NAY -- Trail. AYE -- Harwood. NAY -- Mitchell. AYE -- Deal. NAY -- Jones. AYE -- Bauer. NAY -- Naccarato.(Pairs enumerated in roll call above.)Total -- 70.

Whereupon the Speaker Pro Tem declared S 1444, asamended in the House, as amended in the House, passed theHouse. Title was approved and the bill was ordered returned tothe Senate.




We, your COMMITTEE ON JUDICIARY, RULES, ANDADMINISTRATION, report that we have transmitted enrolledH 521, H 488, H 619, H 482, as amended, H 670, H 585,H 633, H 669, H 768, H 560, as amended in the Senate, H 473,as amended in the Senate, H 627, H 706, H 604, as amended,H 570, H 654, H 684, H 564, H 587, as amended, H 727,


H 658, H 697, H 677, H 683, H 783, H 784, H 785, H 786,H 724, H 789, H 790, H 791, H 792, H 793, H 794, H 818,H 819, H 822, H 823, H 824, and H 795 to the Governor at4:25 p.m., as of this date, March 19, 2004.

FIELD(18), Chairman


We, your COMMITTEE ON JUDICIARY, RULES, ANDADMINISTRATION, report that we have transmitted enrolledHJM 20, HJM 22, HCR 54, HJM 21, HJM 25, HJM 23, asamended, and HJM 24 to the Secretary of State at 4:33 p.m., asof this date, March 19, 2004.

FIELD(18), Chairman




Mr. Denney moved that all rules of the House interferingwith the immediate consideration of HJM 27 be suspended; thatthe portions of Section 15, Article 3 of the Constitution of theState of Idaho, requiring all bills to be read on three several daysbe dispensed with, this being a case of urgency; and that HJM 27be read the first time by title, second time by title, and third timeat length, and placed before the House for final consideration.Seconded by Ms. Jaquet.



Bell, Black, Block, Boe, Bolz, Bradford, Campbell, Cannon,Clark, Collins, Crow, Cuddy, Deal, Denney, Douglas, Eberle,Ellsworth, Eskridge, Field(18), Gagner, Garrett, Henbest,Jaquet, Kellogg, Kulczyk, Lake, Langford, Langhorst, Martinez,McGeachin, McKague, Meyer, Miller, Mitchell, Moyle,Naccarato, Nielsen, Pasley-Stuart, Raybould, Ring, Ringo,Roberts, Robison, Rydalch, Sali, Sayler, Schaefer, Shepherd,Shirley, Skippen, Smith(30), Smith(24), Smylie, Snodgrass,Stevenson, Wills, Wood, Mr. Speaker. Total -- 63.

NAYS -- None.Absent and excused -- Bauer, Edmunson, Field(23),

Harwood, Jones, Ridinger, Trail. Total -- 7.Total -- 70.

Whereupon the Speaker declared that more than two-thirds ofthe membership having voted in the affirmative, the motioncarried, the rules were suspended, and HJM 27 was read the firsttime by title, second time by title, and third time at length, andplaced before the House for final consideration.











At this time, the Speaker recognized Mrs. Bell to opendebate.



Bell, Black, Block, Boe, Bolz, Bradford, Campbell, Cannon,Clark, Collins, Crow, Cuddy, Deal, Denney, Douglas, Eberle,Edmunson, Ellsworth, Eskridge, Field(18), Field(23), Gagner,Garrett, Henbest, Jaquet, Kellogg, Kulczyk, Lake, Langford,Langhorst, Martinez, McGeachin, McKague, Meyer, Miller,Mitchell, Moyle, Naccarato, Nielsen, Pasley-Stuart, Raybould,Ridinger, Ring, Ringo, Roberts, Robison, Rydalch, Sali, Sayler,Schaefer, Shepherd, Shirley, Skippen, Smith(30), Smith(24),Smylie, Snodgrass, Stevenson, Wills, Wood, Mr. Speaker.Total -- 66.

NAYS -- None.Absent and excused -- Bauer, Harwood, Jones, Trail.



Mr. Denney moved that all rules of the House interferingwith the immediate consideration of H 845 be suspended; that theportions of Section 15, Article 3 of the Constitution of the Stateof Idaho, requir ing all bills to be read on three several days be


dispensed with, this being a case of urgency; and that H 845 beread the first time by title, second time by title, and third time atlength, section by section, and placed before the House for finalconsideration. Seconded by Ms. Jaquet.









Mrs. Wood asked unanimous consent that, pursuant toRule 22, discussion of other bills be allowed in debate of H 845.There being no objection, it was so ordered.



Bell, Black, Block, Boe, Bolz, Cannon, Clark, Collins, Crow,Cuddy, Deal, Denney, Douglas, Eberle, Ellsworth, Eskridge,Field(18), Field(23), Gagner, Garrett, Henbest, Jaquet, Kellogg,Kulczyk, Lake, Langford, Langhorst, Martinez, McGeachin,McKague, Meyer, Miller, Mitchell, Moyle, Naccarato, Nielsen,Pasley-Stuart, Raybould, Ring, Ringo, Roberts, Robison,Rydalch, Sali, Sayler, Schaefer, Shepherd, Shirley, Skippen,Smith(30), Smylie, Snodgrass, Stevenson, Wills, Wood.Total -- 60.

NAYS -- None.Absent and excused -- Bauer, Bradford, Campbell,

Edmunson, Harwood, Jones, Ridinger, Smith(24), Trail,Mr. Speaker. Total -- 10.

Total -- 70.


Mr. Moyle moved that all rules of the House interfering withthe immediate consideration of H 846 be suspended; that theportions of Section 15, Article 3 of the Constitution of the Stateof Idaho, requiring all bills to be read on three several days bedispensed with, this being a case of urgency; and that H 846 beread the first time by title, second time by title, and third time atlength, section by section, and placed before the House for finalconsideration. Seconded by Ms. Jaquet.






Whereupon the Speaker Pro Tem declared that more thantwo-thirds of the membership having voted in the affirmative, themotion carried, the rules were suspended, and H 846 was readthe first time by title, second time by title, and third time atlength, section by section, and placed before the House for finalconsideration.




Bell, Black, Block, Boe, Bolz, Cannon, Clark, Collins, Crow,Cuddy, Deal, Denney, Douglas, Eberle, Ellsworth, Eskridge,Field(18), Field(23), Gagner, Garrett, Jaquet, Kellogg, Kulczyk,Lake, Langford, Langhorst, Martinez, McGeachin, McKague,Meyer, Miller, Mitchell, Moyle, Naccarato, Nielsen, Pasley-Stuart, Raybould, Ring, Ringo, Roberts, Robison, Rydalch, Sali,Sayler, Schaefer, Shepherd, Shirley, Skippen, Smith(30),Smith(24), Smylie, Snodgrass, Stevenson, Wills, Wood.Total -- 60.

NAYS -- Henbest. Total -- 1.Absent and excused -- Bauer, Bradford, Campbell,

Edmunson, Harwood, Jones, Ridinger, Trail, Mr. Speaker.Total -- 9.

Total -- 70.


Mr. Moyle moved that all rules of the House interfering withthe immediate consideration of H 847 be suspended; that theportions of Section 15, Article 3 of the Constitution of the Stateof Idaho, requir ing all bills to be read on three several days be


dispensed with, this being a case of urgency; and that H 847 beread the first time by title, second time by title, and third time atlength, section by section, and placed before the House for finalconsideration. Seconded by Ms. Jaquet.










Bell, Black, Block, Boe, Bolz, Bradford, Campbell, Cannon,Clark, Collins, Crow, Cuddy, Deal, Denney, Douglas, Eberle,Ellsworth, Eskridge, Field(18), Field(23), Gagner, Garrett,Henbest, Jaquet, Kellogg, Lake, Langford, Langhorst, Martinez,McGeachin, McKague, Meyer, Miller, Mitchell, Moyle,Naccarato, Nielsen, Pasley-Stuart, Raybould, Ring, Ringo,Robison, Rydalch, Sali, Sayler, Schaefer, Shepherd, Shirley,Skippen, Smith(30), Smith(24), Smylie, Snodgrass, Stevenson,Wills, Wood. Total -- 61.

NAYS -- Kulczyk. Total -- 1.Absent and excused -- Bauer, Edmunson, Harwood, Jones,

Ridinger, Roberts, Trail, Mr. Speaker. Total -- 8.Total -- 70.


Mr. Moyle moved that all rules of the House interfering withthe immediate consideration of S 1293, as amended in the House,be suspended; that the portions of Section 15, Article 3 of theConstitution of the State of Idaho, requiring all bills to be read onthree several days be dispensed with, this being a case ofurgency; and that S 1293, as amended in the House, be read thefirst time by title, second time by title, and third time at length,section by section, and placed before the House for finalconsideration. Seconded by Ms. Jaquet.






Whereupon the Speaker Pro Tem declared that more thantwo-thirds of the membership having voted in the affirmative, themotion carried, the rules were suspended, and S 1293, asamended in the House, was read the first time by title, secondtime by title, and third time at length, section by section, andplaced before the House for final consideration.




Black, Block, Boe, Bolz, Bradford, Campbell, Cannon, Clark,Collins, Crow, Cuddy, Deal, Denney, Eberle, Ellsworth,Field(18), Field(23), Gagner, Garrett, Henbest, Jaquet, Jones,Kellogg, Kulczyk, Langford, Langhorst, Martinez, McGeachin,McKague, Meyer, Miller, Mitchell, Moyle, Naccarato, Nielsen,Pasley-Stuart, Raybould, Ring, Ringo, Roberts, Robison,Rydalch, Sali, Schaefer, Shepherd, Shirley, Skippen, Smith(30),Smylie, Snodgrass, Stevenson, Wills, Wood. Total -- 58.

NAYS -- Douglas, Eskridge, Sayler. Total -- 3.Absent and excused -- Bauer, Bell, Edmunson, Harwood,

Lake, Ridinger, Smith(24), Trail, Mr. Speaker. Total -- 9.Total -- 70.

Whereupon the Speaker Pro Tem declared S 1293, asamended in the House, passed the House. Title was approvedand the bill was ordered returned to the Senate.


Adjournment

Mr. Moyle moved that the House adjourn until 10 a.m.,Saturday, March 20, 2004. Seconded by Ms. Jaquet. Motioncarried.




SIXTY-NINTH LEGISLATIVE DAYSATURDAY, MARCH 20, 2004



Roll call showed 65 members present.Absent and excused -- Bauer, Clark, Harwood, Smith(24),

Trail. Total -- 5.Total -- 70.


The Pledge of Allegiance was led by Jesse Stricklan, Page.

Approval of Journal


We, your COMMITTEE ON JUDICIARY, RULES, ANDADMINISTRATION, report that we have read and approved theHouse Journal of the Sixty-eighth Legislative Day andrecommend that same be adopted as corrected.

FIELD(18), Chairman




March 19, 2004




H 610


Governor


March 19, 2004




H 480, H 483, H 484, H 485, H 486, H 489, H 490, H 491,H 492, H 493, H 494, H 496, H 497, H 505, H 506, H 509,

H 518, H 522, H 523, H 533, H 534, H 535, H 537, H 538,H 542, H 546, H 547, H 548, H 551, H 553, H 554, H 561,H 562, H 588, H 601, H 605, and H 611


Governor



WOOD, Secretary



I return herewith enrolled H 616, H 739, H 753, H 602,H 696, as amended, H 592, H 634, as amended, H 609, asamended, H 686, H 645, H 620, H 799, as amended, H 837,H 838, H 839, H 840, H 841, H 801, H 805, H 820, H 821,H 512, as amended, H 638, and H 520, as amended in theSenate, which have been signed by the President.

WOOD, Secretary

Enrolled H 616, H 739, H 753, H 602, H 696, as amended,H 592, H 634, as amended, H 609, as amended, H 686, H 645,H 620, H 799, as amended, H 837, H 838, H 839, H 840,H 841, H 801, H 805, H 820, H 821, H 512, as amended,H 638, and H 520, as amended in the Senate, were referred tothe Judiciary, Rules, and Administration Committee for deliveryto the Governor.


I return herewith H 712, H 648, H 770, H 726, as amended,H 499, as amended, H 526, H 527, H 529, H 678, H 596,H 632, H 748, H 552, as amended, H 531, H 532, H 625, asamended, H 691, H 692, H 682, H 487, H 579, as amended,H 656, H 694, H 646, H 629, H 772, H 671, H 659, asamended, H 773, H 808, H 776, H 653, H 807, H 787, H 631,as amended, H 815, H 636, as amended, H 711, H 508, asamended, H 802, H 728, as amended, H 778, H 752, asamended, H 590, as amended, H 751, as amended, H 771,H 803, H 812, H 515, H 811, H 756, H 836, H 806, H 816, asamended, H 828, H 835, HCR 50, and H 774 which have passedthe Senate.

WOOD, Secretary

H 712, H 648, H 770, H 726, as amended, H 499, asamended, H 526, H 527, H 529, H 678, H 596, H 632, H 748,H 552, as amended, H 531, H 532, H 625, as amended, H 691,H 692, H 682, H 487, H 579, as amended, H 656, H 694,H 646, H 629, H 772, H 671, H 659, as amended, H 773,H 808, H 776, H 653, H 807, H 787, H 631, as amended,H 815, H 636, as amended, H 711, H 508, as amended, H 802,H 728, as amended, H 778, H 752, as amended, H 590, asamended, H 751, as amended, H 771, H 803, H 812, H 515,H 811, H 756, H 836, H 806, H 816, as amended, H 828,H 835, HCR 50, and H 774 were referred to the Judiciary,Rules, and Administration Committee for enrolling.



I return herewith H 777, as amended in the Senate, H 760, asamended, as amended in the Senate, and H 761, as amended, asamended in the Senate, which have passed the Senate.

WOOD, Secretary

H 777, as amended in the Senate, H 760, as amended, asamended in the Senate, and H 761, as amended, as amended inthe Senate, were ordered held at the Desk.

Mr. Denney asked unanimous consent that the House concurin the Senate amendments to H 777, as amended in the Senate.There being no objection, it was so ordered.

Mr. Eskridge asked unanimous consent that the House concurin the Senate amendments to H 760, as amended, as amended inthe Senate. There being no objection, it was so ordered.

Mr. Eskridge asked unanimous consent that the House concurin the Senate amendments to H 761, as amended, as amended inthe Senate. There being no objection, it was so ordered.

H 777, as amended in the Senate, H 760, as amended, asamended in the Senate, and H 761, as amended, as amended inthe Senate, were referred to the Judiciary, Rules, andAdministration Committee for engrossing.


I return herewith H 589, as amended, which has failed theSenate.

WOOD, Secretary

H 589, as amended, was filed in the Office of the ChiefClerk.



We, your COMMITTEE ON JUDICIARY, RULES, ANDADMINISTRATION, report that we have enrolled H 712,H 648, H 770, H 726, as amended, H 499, as amended, H 526,H 527, H 529, H 678, H 596, H 632, H 748, H 552, asamended, H 531, H 532, H 625, as amended, H 691, H 692,H 682, H 487, H 579, as amended, H 656, H 694, H 646,H 629, H 772, H 671, H 659, as amended, H 773, H 808,H 776, H 653, H 807, H 787, H 631, as amended, H 815,H 636, as amended, H 711, H 508, as amended, H 802, H 728,as amended, H 778, H 752, as amended, H 590, as amended,H 751, as amended, H 771, H 803, H 812, H 515, H 811,H 756, H 836, H 806, H 816, as amended, H 828, H 835,HCR 50, and H 774.

FIELD(18), Chairman

The Speaker announced he was about to sign enrolled H 712,H 648, H 770, H 726, as amended, H 499, as amended, H 526,H 527, H 529, H 678, H 596, H 632, H 748, H 552, asamended, H 531, H 532, H 625, as amended, H 691, H 692,H 682, H 487, H 579, as amended, H 656, H 694, H 646,H 629, H 772, H 671, H 659, as amended, H 773, H 808,H 776, H 653, H 807, H 787, H 631, as amended, H 815,H 636, as amended, H 711, H 508, as amended, H 802, H 728,

as amended, H 778, H 752, as amended, H 590, as amended,H 751, as amended, H 771, H 803, H 812, H 515, H 811,H 756, H 836, H 806, H 816, as amended, H 828, H 835,HCR 50, and H 774, and, when so signed, ordered themtransmitted to the Senate for the signature of the President.




AN ACTRELATING TO THE ADMINISTRATION OF GROUND

WATER RIGHTS WITHIN THE EASTERN SNAKE RIVERPLAIN; DECLARING LEGISLATIVE INTENT RELATINGTO THE CONJUNCTIVE ADMINISTRATION OF CERTAINWATER RIGHTS; DECLARING LEGISLATIVE INTENTRELATING TO THE PROVISION OF CERTAINMITIGATION FOR MATERIAL INJURY CAUSED BYGROUND WATER WITHDRAWAL AND USE; DECLARINGLEGISLATIVE INTENT RELATING TO THE EQUITABLESHARING OF CERTAIN MITIGATION AND PROVIDINGTHAT BEGINNING APRIL 1, 2004, THE HOLDERS OFCERTAIN GROUND WATER RIGHTS SHALL BE DEEMEDNONMEMBER PARTICIPANTS SOLELY FOR MITIGATIONPURPOSES IN A GROUND WATER DISTRICT PURSUANTTO THE PROVISIONS OF SECTION 42-5259, IDAHO CODE;AND DECLARING AN EMERGENCY.






FIELD(18), Chairman




S 1441 and S 1417, by Judiciary and Rules Committee, wereread the second time by title and filed for third reading.

S 1422, as amended, S 1446, and SJM 110, by State AffairsCommittee, were read the second time by title and filed for thirdreading.

S 1346, as amended, S 1347, S 1361, S 1363, S 1351, asamended, and S 1322, by Education Committee, were read thesecond time by title and filed for third reading.


H 528, as amended in the Senate, by Business Committee,was read the second time by title and filed for third reading.

H 539, as amended in the Senate, and H 755, as amended inthe Senate, by State Affairs Committee, were read the secondtime by title and filed for third reading.

H 603, as amended in the Senate, by Education Committee,was read the second time by title and filed for third reading.

H 780, as amended in the Senate, by Revenue and TaxationCommittee, was read the second time by title and filed for thirdreading.

H 544, as amended, as amended in the Senate, byEnvironmental Affairs Committee, was read the second time bytitle and filed for third reading.

H 745, as amended in the Senate, by Ways and MeansCommittee, was read the second time by title and filed for thirdreading.






Block, Boe, Bolz, Bradford, Campbell, Cannon, Collins, Crow,Cuddy, Deal, Denney, Douglas, Eberle, Edmunson, Ellsworth,Eskridge, Field(18), Field(23), Gagner, Garrett, Henbest, Jaquet,Jones, Kellogg, Lake, Langhorst, Martinez, McGeachin, Meyer,Miller, Mitchell, Moyle, Nielsen, Pasley-Stuart, Raybould,Ridinger, Ring, Ringo, Roberts, Robison, Rydalch, Sayler,Schaefer, Shepherd, Shirley, Skippen, Smith(30), Smylie,Snodgrass, Stevenson, Wills, Mr. Speaker. Total -- 58.

NAYS -- Barrett, Kulczyk, Langford, McKague, Sali, Wood.Total -- 6.

Absent and excused -- Bauer, Clark, Harwood, Naccarato,Smith(24), Trail. Total -- 6.

Total -- 70.






Roll call resulted as follows:AYES -- Barraclough, Bayer, Bedke, Bell, Black, Block,

Bolz, Bradford, Campbell, Cannon, Collins, Crow, Deal,Denney, Eberle, Edmunson, Ellsworth, Eskridge, Field(18),Field(23), Gagner, Garrett, Harwood, Kellogg, Langford,Meyer, Miller, Nielsen, Ridinger, Ring, Rydalch, Sali, Schaefer,Shepherd, Shirley, Smylie, Snodgrass, Wills, Wood. Total -- 39.

NAYS -- Andersen, Barrett, Boe, Cuddy, Douglas, Henbest,Jaquet, Jones, Kulczyk, Lake, Langhorst, Martinez, McGeachin,McKague, Mitchell, Moyle, Naccarato, Pasley-Stuart, Raybould,Ringo, Roberts, Robison, Sayler, Skippen, Smith(30), Stevenson.Total -- 26.

Absent and excused -- Bauer, Clark, Smith(24), Trail,Mr. Speaker. Total -- 5.

Paired Vote: AYE -- Harwood. NAY -- Roberts.(Pair enumerated in roll call above.)Total -- 70.






Bell, Black, Block, Boe, Bolz, Bradford, Campbell, Cannon,Collins, Crow, Cuddy, Deal, Denney, Douglas, Eberle,Edmunson, Ellsworth, Eskridge, Field(18), Field(23), Gagner,Garrett, Henbest, Jaquet, Jones, Kellogg, Kulczyk, Lake,Langford, Langhorst, Martinez, McGeachin, McKague, Meyer,Miller, Mitchell, Moyle, Naccarato, Nielsen, Pasley-Stuart,Raybould, Ridinger, Ring, Ringo, Roberts, Robison, Rydalch,Sali, Sayler, Schaefer, Shepherd, Shirley, Skippen, Smith(30),Smylie, Snodgrass, Stevenson, Wills, Wood. Total -- 64.

NAYS -- None.Absent and excused -- Bauer, Clark, Harwood, Smith(24),

Trail, Mr. Speaker. Total -- 6.Total -- 70.

Whereupon the Speaker Pro Tem declared H 635, asamended in the Senate, passed the House. Title was approvedand the bill was referred to Judiciary, Rules, and AdministrationCommittee for enrolling.


At this time, the Speaker Pro Tem recognized Mr. Wills toopen debate.




Bell, Black, Block, Boe, Bolz, Bradford, Campbell, Cannon,Collins, Crow, Cuddy, Deal, Denney, Douglas, Eberle,Edmunson, Ellsworth, Eskridge, Field(18), Field(23), Garrett,Henbest, Jaquet, Jones, Kellogg, Kulczyk, Langford, Langhorst,Martinez, McGeachin, McKague, Meyer, Miller, Mitchell,Naccarato, Nielsen, Pasley-Stuart, Raybould, Ridinger, Ring,Ringo, Roberts, Robison, Rydalch, Sali, Sayler, Schaefer,Shepherd, Shirley, Skippen, Smith(30), Smylie, Snodgrass,Stevenson, Wills. Total -- 60.

NAYS -- Moyle, Wood. Total -- 2.Absent and excused -- Bauer, Clark, Gagner, Harwood,

Lake, Smith(24), Trail, Mr. Speaker. Total -- 8.Total -- 70.


H 651, as amended, as amended in the Senate, was read thethird time at length, section by section, and placed before theHouse for final consideration.

At this time, the Speaker Pro Tem recognized Mr. Cuddy toopen debate.

The question being, "Shall H 651, as amended, as amendedin the Senate, pass?"


Block, Boe, Bolz, Bradford, Campbell, Cannon, Collins, Crow,Cuddy, Deal, Denney, Douglas, Eberle, Edmunson, Ellsworth,Eskridge, Field(18), Field(23), Gagner, Garrett, Henbest, Jaquet,Jones, Kellogg, Lake, Langford, Langhorst, Martinez,McGeachin, McKague, Meyer, Miller, Mitchell, Moyle,Naccarato, Nielsen, Pasley-Stuart, Raybould, Ridinger, Ring,Ringo, Roberts, Robison, Rydalch, Sali, Sayler, Schaefer,Shepherd, Shirley, Skippen, Smith(30), Smylie, Snodgrass,Stevenson, Wills. Total -- 61.

NAYS -- Barrett, Kulczyk, Wood. Total -- 3.Absent and excused -- Bauer, Clark, Harwood, Smith(24),

Trail, Mr. Speaker. Total -- 6.Total -- 70.

Whereupon the Speaker Pro Tem declared H 651, asamended, as amended in the Senate, passed the House. Title wasapproved and the bill was referred to Judiciary, Rules, andAdministration Committee for enrolling.





Black, Block, Boe, Bolz, Bradford, Campbell, Cannon, Collins,Cuddy, Deal, Denney, Douglas, Eberle, Edmunson, Ellsworth,Eskridge, Field(18), Field(23), Gagner, Garrett, Henbest, Jaquet,Jones, Kellogg, Kulczyk, Lake, Langford, Langhorst, Martinez,McGeachin, McKague, Meyer, Miller, Mitchell, Moyle,Naccarato, Nielsen, Pasley-Stuart, Raybould, Ring, Ringo,Roberts, Robison, Rydalch, Sali, Sayler, Schaefer, Shepherd,Shirley, Skippen, Smith(30), Smylie, Snodgrass, Stevenson,Wills, Wood. Total -- 61.

NAYS -- None.Absent and excused -- Bauer, Bell, Clark, Crow, Harwood,

Ridinger, Smith(24), Trail, Mr. Speaker. Total -- 9.Total -- 70.



At this time, the Speaker Pro Tem recognized Mr. Cuddy toopen debate.



Block, Boe, Bolz, Bradford, Campbell, Cannon, Collins, Crow,Cuddy, Deal, Denney, Douglas, Eberle, Edmunson, Ellsworth,Eskridge, Field(18), Field(23), Gagner, Garrett, Henbest, Jaquet,Jones, Kellogg, Lake, Langford, Langhorst, Martinez,McGeachin, McKague, Meyer, Miller, Mitchell, Moyle,Naccarato, Nielsen, Pasley-Stuart, Raybould, Ridinger, Ring,Ringo, Roberts, Robison, Rydalch, Sali, Sayler, Schaefer,Shepherd, Shirley, Skippen, Smith(30), Smylie, Snodgrass,Stevenson, Wills, Wood. Total -- 62.

NAYS -- None.Absent and excused -- Bauer, Bedke, Clark, Harwood,

Kulczyk, Smith(24), Trail, Mr. Speaker. Total -- 8.Total -- 70.

Whereupon the Speaker Pro Tem declared S 1317, asamended, passed the House. Title was approved and the bill wasordered returned to the Senate.


At this time, the Speaker Pro Tem recognized Mr. Nielsen toopen debate.



Block, Boe, Bolz, Bradford, Campbell, Cannon, Collins, Crow,Cuddy, Deal, Denney, Douglas, Eberle, Edmunson, Ellsworth,Eskridge, Field(18), Field(23), Gagner, Garrett, Henbest, Jaquet,Jones, Kellogg, Kulczyk, Lake, Langford, Langhorst, Martinez,


McGeachin, McKague, Meyer, Miller, Mitchell, Moyle,Naccarato, Nielsen, Pasley-Stuart, Raybould, Ridinger, Ring,Ringo, Roberts, Robison, Rydalch, Sali, Sayler, Schaefer,Shepherd, Shirley, Skippen, Smith(30), Smylie, Snodgrass,Stevenson, Wills, Wood. Total -- 63.






Mr. Moyle moved that all rules of the House interfering withthe immediate consideration of S 1441 be suspended; that theportions of Section 15, Article 3 of the Constitution of the Stateof Idaho, requiring all bills to be read on three several days bedispensed with, this being a case of urgency; and that S 1441 beread the first time by title, second time by title, and third time atlength, section by section, and placed before the House for finalconsideration. Seconded by Ms. Jaquet.



Block, Boe, Bolz, Bradford, Campbell, Cannon, Collins, Crow,Cuddy, Deal, Denney, Douglas, Eberle, Edmunson, Ellsworth,Eskridge, Field(18), Field(23), Gagner, Garrett, Henbest, Jaquet,Jones, Kellogg, Kulczyk, Lake, Langford, Langhorst, Martinez,McGeachin, McKague, Meyer, Miller, Mitchell, Moyle,Naccarato, Nielsen, Pasley-Stuart, Raybould, Ridinger, Ring,Ringo, Roberts, Robison, Rydalch, Sali, Sayler, Schaefer,Shepherd, Shirley, Skippen, Smith(30), Smylie, Snodgrass,Stevenson, Wills, Wood. Total -- 63.



Whereupon the Speaker Pro Tem declared that more thantwo-thirds of the membership having voted in the affirmative, themotion carried, the rules were suspended, and S 1441 was readthe first time by title, second time by title, and third time atlength, section by section, and placed before the House for finalconsideration.

At this time, the Speaker Pro Tem recognized Mrs. Miller toopen debate.




Bell, Black, Block, Boe, Bolz, Bradford, Cannon, Collins, Crow,Cuddy, Deal, Douglas, Eberle, Edmunson, Ellsworth, Eskridge,

Field(18), Field(23), Gagner, Garrett, Henbest, Jaquet, Jones,Kellogg, Kulczyk, Lake, Langford, Langhorst, Martinez,McGeachin, McKague, Meyer, Miller, Moyle, Naccarato,Nielsen, Pasley-Stuart, Raybould, Ridinger, Ring, Ringo,Roberts, Robison, Rydalch, Sali, Sayler, Schaefer, Shepherd,Shirley, Skippen, Smith(30), Smylie, Snodgrass, Stevenson,Wills, Wood, Mr. Speaker. Total -- 62.

NAYS -- None.Absent and excused -- Bauer, Campbell, Clark, Denney,

Harwood, Mitchell, Smith(24), Trail. Total -- 8.Total -- 70.


Mr. Moyle moved that all rules of the House interfering withthe immediate consideration of S 1422, as amended, besuspended; that the portions of Section 15, Article 3 of theConstitution of the State of Idaho, requir ing all bills to be read onthree several days be dispensed with, this being a case ofurgency; and that S 1422, as amended, be read the first time bytitle, second time by title, and third time at length, section bysection, and placed before the House for final consideration.Seconded by Ms. Jaquet.







At this time, the Speaker recognized Mrs. Crow to opendebate.



Bell, Black, Block, Boe, Bolz, Bradford, Campbell, Cannon,Collins, Crow, Cuddy, Deal, Denney, Douglas, Eberle,Edmunson, Ellsworth, Eskridge, Field(18), Field(23), Gagner,Garrett, Henbest, Jaquet, Jones, Kellogg, Kulczyk, Lake,Langford, Langhorst, Martinez, McGeachin, McKague, Meyer,Miller, Mitchell, Moyle, Naccarato, Nielsen, Pasley-Stuart,


Raybould, Ridinger, Ring, Ringo, Roberts, Robison, Rydalch,Sali, Sayler, Schaefer, Shepherd, Shirley, Skippen, Smith(30),Smylie, Snodgrass, Stevenson, Wills, Wood, Mr. Speaker.Total -- 65.

NAYS -- None.Absent and excused -- Bauer, Clark, Harwood, Smith(24),

Trail. Total -- 5.Total -- 70.


Mr. Moyle moved that all rules of the House interfering withthe immediate consideration of S 1346, as amended, besuspended; that the portions of Section 15, Article 3 of theConstitution of the State of Idaho, requiring all bills to be read onthree several days be dispensed with, this being a case ofurgency; and that S 1346, as amended, be read the first time bytitle, second time by title, and third time at length, section bysection, and placed before the House for final consideration.Seconded by Ms. Jaquet.







At this time, the Speaker recognized Mr. Naccarato to opendebate.


Roll call resulted as follows:AYES -- Andersen, Bell, Black, Block, Boe, Bolz, Bradford,

Campbell, Cannon, Collins, Crow, Cuddy, Deal, Denney,Douglas, Eberle, Edmunson, Ellsworth, Field(18), Field(23),Gagner, Henbest, Jaquet, Jones, Kellogg, Lake, Langford,Langhorst, Martinez, McGeachin, McKague, Meyer, Miller,Mitchell, Moyle, Naccarato, Pasley-Stuart, Raybould, Ridinger,

Ring, Ringo, Robison, Rydalch, Sayler, Shepherd, Shirley,Skippen, Smith(30), Smylie, Snodgrass, Stevenson, Wills,Mr. Speaker. Total -- 53.

NAYS -- Barraclough, Barrett, Bayer, Bedke, Eskridge,Garrett, Kulczyk, Nielsen, Roberts, Sali, Schaefer , Wood.Total -- 12.

Absent and excused -- Bauer, Clark, Harwood, Smith(24),Trail. Total -- 5.

Total -- 70.





I transmit herewith enrolled S 1269, as amended, S 1280, asamended, S 1301, as amended, S 1313, as amended, S 1389,S 1393, as amended, S 1418, SCR 127, SCR 128, and SCR 132for the signature of the Speaker.

WOOD, Secretary

The Speaker announced he was about to sign enrolled S 1269,as amended, S 1280, as amended, S 1301, as amended, S 1313,as amended, S 1389, S 1393, as amended, S 1418, SCR 127,SCR 128, and SCR 132 and, when so signed, ordered themreturned to the Senate.


March 20, 2004


ADMINISTRATION, report that we have enrolled H 635, asamended in the Senate, H 586, as amended in the Senate, H 651,as amended, as amended in the Senate, and H 693, as amended inthe Senate.

FIELD(18), Chairman

The Speaker announced he was about to sign enrolled H 635,as amended in the Senate, H 586, as amended in the Senate,H 651, as amended, as amended in the Senate, and H 693, asamended in the Senate, and, when so signed, ordered themtransmitted to the Senate for the signature of the President.


We, your COMMITTEE ON EDUCATION, report that wehave had under consideration SCR 134 and recommend that it dopass.


SCR 134 was filed for second reading.






RECESS

Afternoon Session

The House reconvened at 1:30 p.m., Mr. Denney in theChair.

Roll call showed 64 members present.Absent and excused -- Bauer, Clark, Eberle, Harwood,

Smith(24), Trail. Total -- 6.Total -- 70.






We, your COMMITTEE ON JUDICIARY, RULES, ANDADMINISTRATION, report that we have engrossed H 777, asamended in the Senate, H 760, as amended, as amended in theSenate, and H 761, as amended, as amended in the Senate.

FIELD(18), Chairman

H 777, as amended in the Senate, H 760, as amended, asamended in the Senate, and H 761, as amended, as amended inthe Senate, were filed for first reading of engrossed bills.




AN ACT

RELATING TO THE ADMINISTRATION OF WATERRIGHTS WITHIN THE EASTERN SNAKE PLAIN;PROVIDING LEGISLATIVE FINDINGS RELATING TOHYDRAULIC CONNECTIONS OF THE WATER SUPPLY INTHE EASTERN SNAKE PLAIN AQUIFER, PROVIDING

LEGISLATIVE FINDINGS RELATING TO DIMINISHEDDISCHARGES FROM CERTAIN SPRINGS AND THEEFFECT OF SUCH DIMINISHED DISCHARGES ON WATERRIGHTS, AND PROVIDING LEGISLATIVE FINDINGSRELATING TO THE SCIENTIFIC AND LEGALUNCERTAINTY AS TO THE EXTENT OF MATERIALINJURY CAUSED BY GROUND WATER DEPLETIONS ANDTHE MANNER IN WHICH THE STATE IS ADDRESSINGTHE UNCERTAINTY; DECLARING LEGISLATIVE INTENTRELATING TO THE CONJUNCTIVE ADMINISTRATION OFCERTAIN WATER RIGHTS AND DECLARINGLEGISLATIVE INTENT RELATING TO THE PROVISION OFCERTAIN MITIGATION FOR MATERIAL INJURY CAUSEDBY GROUND WATER WITHDRAWAL AND USE;DECLARING LEGISLATIVE INTENT RELATING TO THECONTINUAL PROGRESS OF THE STATE OF IDAHORELATING TO THE CONJUNCTIVE ADMINISTRATION OFRIGHTS TO THE USE OF INTERCONNECTED SURFACEAND GROUND WATERS WITHIN THE EASTERN SNAKEPLAIN; DECLARING LEGISLATIVE INTENT RELATINGTO THE ADDITIONAL WORK THAT IS REQUIRED TOACHIEVE FULL AND TIME LY CONJUNCTIVEADMINISTRATION OF INTERCONNECTED SURFACEAND GROUND WATER RIGHTS AND DECLARING THATIT IS ESSENTIAL THAT THE STATE PROVIDE AREASONABLE DEGREE OF CERTAINTY IN WATERRIGHTS ADMINISTRATION FOR THE BENEFIT ANDSAFEGUARD OF ITS CITIZENS, THE STATE, AND LOCALECONOMIES THAT RELY UPON THE DIVERSION ANDUSE OF WATER FOR THEIR VIABILITY; ANDDETERMINING THAT THE "EASTERN SNAKE PLAINAQUIFER MITIGATION, RECOVERY AND RESTORATIONACTIONS" CONSTITUTE SUFFICIENT MITIGATION FORANY MATERIAL INJURY, TO THE EXTENT IT ISOCCURRING, TO SENIOR WATER RIGHTS IN THETHOUSAND SPRINGS REACH OF THE SNAKE RIVER FORTHE PERIOD FROM MARCH 15, 2004 THROUGHMARCH 15, 2005; AND DECLARING AN EMERGENCY.


There being no objection, the House advanced to the NinthOrder of Business.



H 760, as amended, as amended in the Senate, and H 761, asamended, as amended in the Senate, by Revenue and TaxationCommittee, were introduced, read the first time by title and filedfor second reading.




March 20, 2004


ADMINISTRATION report that we have printed H 849.FIELD(18), Chairman







Block, Boe, Bolz, Bradford, Campbell, Cannon, Collins, Crow,Cuddy, Deal, Denney, Douglas, Edmunson, Ellsworth, Eskridge,Field(18), Field(23), Gagner, Garrett, Henbest, Jaquet, Jones,Kellogg, Kulczyk, Lake, Langford, Langhorst, Martinez,McGeachin, McKague, Meyer, Miller, Mitchell, Moyle,Naccarato, Nielsen, Pasley-Stuart, Raybould, Ring, Ringo, Sali,Sayler, Schaefer, Shepherd, Shirley, Smith(30), Smylie,Snodgrass, Stevenson, Wills, Wood, Mr. Speaker. Total -- 58.

NAYS -- None.Absent and excused -- Barrett, Bauer, Clark, Eberle,

Harwood, Ridinger, Roberts, Robison, Rydalch, Skippen,Smith(24), Trail. Total -- 12.

Total -- 70.


At this time, the Speaker Pro Tem recognized Mr. Stevensonand Mr. Raybould to open debate.



Block, Boe, Bolz, Bradford, Campbell, Cannon, Collins, Crow,Cuddy, Deal, Denney, Douglas, Edmunson, Ellsworth, Eskridge,Field(18), Field(23), Gagner, Garrett, Henbest, Jaquet, Jones,Kellogg, Kulczyk, Lake, Langford, Langhorst, Martinez,

McGeachin, McKague, Meyer, Miller, Mitchell, Moyle,Naccarato, Nielsen, Pasley-Stuart, Raybould, Ring, Ringo,Robison, Rydalch, Sali, Sayler, Schaefer, Shepherd, Shirley,Skippen, Smith(30), Smylie, Snodgrass, Stevenson, Wills, Wood.Total -- 60.


Harwood, Ridinger, Roberts, Smith(24), Trail, Mr. Speaker.Total -- 10.

Total -- 70.


Mr. Moyle moved that all rules of the House interfering withthe immediate consideration of H 777, as amended in the Senate,be suspended; that the portions of Section 15, Article 3 of theConstitution of the State of Idaho, requiring all bills to be read onthree several days be dispensed with, this being a case ofurgency; and that H 777, as amended in the Senate, be read thefirst time by title, second time by title, and third time at length,section by section, and placed before the House for finalconsideration. Seconded by Ms. Jaquet.






Total -- 70.

Whereupon the Speaker Pro Tem, declared that more thantwo-thirds of the membership having voted in the affirmative, themotion carried, the rules were suspended, and H 777, asamended in the Senate, was read the first time by title, secondtime by title, and third time at length, section by section, andplaced before the House for final consideration.




Bell, Black, Block, Boe, Bolz, Bradford, Campbell, Cannon,Collins, Crow, Cuddy, Deal, Denney, Douglas, Edmunson,Ellsworth, Eskridge, Field(18), Field(23), Gagner, Garrett,Henbest, Jaquet, Jones, Kellogg, Kulczyk, Lake, Langford,Langhorst, Martinez, McGeachin, McKague, Meyer, Miller,Mitchell, Moyle, Naccarato, Nielsen, Pasley-Stuar t, Raybould,


Ring, Ringo, Robison, Rydalch, Sali, Sayler, Schaefer,Shepherd, Shirley, Skippen, Smith(30), Smylie, Snodgrass,Stevenson, Wills, Wood, Mr. Speaker. Total -- 62.

NAYS -- None.Absent and excused -- Bauer, Clark, Eberle, Harwood,

Ridinger, Roberts, Smith(24), Trail. Total -- 8.Total -- 70.


Mr. Moyle moved that all rules of the House interfering withthe immediate consideration of H 760, as amended, as amendedin the Senate, be suspended; that the portions of Section 15,Article 3 of the Constitution of the State of Idaho, requiring allbills to be read on three several days be dispensed with, thisbeing a case of urgency; and that H 760, as amended, asamended in the Senate, be read the first time by title, second timeby title, and third time at length, section by section, and placedbefore the House for final consideration. Seconded byMs. Jaquet.






Total -- 70.

Whereupon the Speaker Pro Tem declared that more thantwo-thirds of the membership having voted in the affirmative, themotion carried, the rules were suspended, and H 760, asamended, as amended in the Senate, was read the first time bytitle, second time by title, and third time at length, section bysection, and placed before the House for final consideration.




Bell, Black, Block, Boe, Bolz, Bradford, Campbell, Cannon,Collins, Crow, Cuddy, Deal, Denney, Douglas, Edmunson,Ellsworth, Eskridge, Field(18), Field(23), Gagner, Garrett,Henbest, Jaquet, Jones, Kellogg, Kulczyk, Lake, Langford,Langhorst, Martinez, McGeachin, McKague, Meyer, Miller,

Mitchell, Moyle, Naccarato, Nielsen, Pasley-Stuart, Raybould,Ring, Ringo, Robison, Rydalch, Sali, Sayler, Schaefer,Shepherd, Shirley, Skippen, Smith(30), Smylie, Snodgrass,Stevenson, Wills, Wood, Mr. Speaker. Total -- 62.










Total -- 70.

Whereupon the Speaker Pro Tem declared that more thantwo-thirds of the membership having voted in the affirmative, themotion carried, the rules were suspended, and H 761, asamended, as amended in the Senate, was read the first time bytitle, second time by title, and third time at length, section bysection, and placed before the House for final consideration.






Mitchell, Moyle, Naccarato, Nielsen, Pasley-Stuart, Raybould,Ring, Ringo, Robison, Rydalch, Sali, Sayler, Schaefer,Shepherd, Shirley, Skippen, Smith(30), Smylie, Snodgrass,Stevenson, Wills, Wood. Total -- 61.


Ridinger, Roberts, Smith(24), Trail, Mr. Speaker. Total -- 9.Total -- 70.








Total -- 70.


At this time, the Speaker Pro Tem recognized Mr. Stevensonand Mr. Raybould to open debate.




Mitchell, Moyle, Naccarato, Nielsen, Pasley-Stuart, Raybould,Ring, Ringo, Robison, Rydalch, Sali, Sayler, Schaefer,Shepherd, Shirley, Skippen, Smith(30), Smylie, Snodgrass,Stevenson, Wills, Wood. Total -- 61.










Total -- 70.


At this time, the Speaker Pro Tem recognized Mr. Andersento open debate.



Bell, Black, Block, Boe, Bolz, Bradford, Campbell, Cannon,Collins, Crow, Cuddy, Deal, Denney, Douglas, Edmunson,Ellsworth, Eskridge, Field(18), Field(23), Gagner, Garrett,Henbest, Jaquet, Jones, Kellogg, Kulczyk, Lake, Langford,Langhorst, Martinez, McGeachin, McKague, Meyer, Miller,Mitchell, Moyle, Naccarato, Nielsen, Pasley-Stuar t, Raybould,


Ring, Ringo, Robison, Rydalch, Sali, Sayler, Schaefer,Shepherd, Shirley, Skippen, Smith(30), Smylie, Snodgrass,Stevenson, Wills, Wood. Total -- 61.










Total -- 70.


At this time, the Speaker Pro Tem recognized Mr. Cannon toopen debate.




Bell, Black, Block, Boe, Bolz, Bradford, Campbell, Cannon,Collins, Crow, Cuddy, Douglas, Edmunson, Ellsworth,Eskridge, Field(18), Field(23), Garrett, Henbest, Jaquet, Jones,Kellogg, Kulczyk, Lake, Langford, Langhorst, Martinez,McGeachin, McKague, Miller, Mitchell, Moyle, Naccarato,

Nielsen, Pasley-Stuart, Raybould, Ring, Ringo, Robison,Rydalch, Sali, Sayler, Schaefer, Shepherd, Shirley, Skippen,Smith(30), Smylie, Snodgrass, Stevenson, Wills, Wood,Mr. Speaker. Total -- 58.

NAYS -- None.Absent and excused -- Bauer, Clark, Deal, Denney, Eberle,

Gagner, Harwood, Meyer, Ridinger, Roberts, Smith(24), Trail.Total -- 12.

Total -- 70.








Total -- 70.





Boe, Bolz, Bradford, Campbell, Cannon, Collins, Crow, Cuddy,Deal, Denney, Douglas, Edmunson, Ellsworth, Eskridge,Field(18), Field(23), Gagner, Garrett, Henbest, Jaquet, Jones,Kellogg, Lake, Langford, Langhorst, Martinez, McGeachin,McKague, Meyer, Miller, Mitchell, Moyle, Naccarato, Nielsen,


Pasley-Stuart, Raybould, Ring, Ringo, Robison, Rydalch, Sali,Sayler, Schaefer, Shepherd, Shirley, Skippen, Smith(30), Smylie,Snodgrass, Stevenson, Wills, Mr. Speaker. Total -- 58.

NAYS -- Barrett, Bedke. Total -- 2.Absent and excused -- Bauer, Clark, Eberle, Harwood,

Kulczyk, Ridinger, Roberts, Smith(24), Trail, Wood.Total -- 10.

Total -- 70.


Mr. Moyle moved that all rules of the House interfering withthe immediate consideration of S 1351, as amended, besuspended; that the portions of Section 15, Article 3 of theConstitution of the State of Idaho, requiring all bills to be read onthree several days be dispensed with, this being a case ofurgency; and that S 1351, as amended, be read the first time bytitle, second time by title, and third time at length, section bysection, and placed before the House for final consideration.Seconded by Ms. Jaquet.






Total -- 70.






Mitchell, Moyle, Naccarato, Nielsen, Pasley-Stuart, Raybould,Ring, Ringo, Robison, Rydalch, Sali, Sayler, Schaefer,Shepherd, Shirley, Skippen, Smith(30), Smylie, Snodgrass,Stevenson, Wills, Mr. Speaker. Total -- 61.


Ridinger, Roberts, Smith(24), Trail, Wood. Total -- 9.Total -- 70.








Total -- 70.


At this time, the Speaker recognized Mr. Schaefer to opendebate.



Bell, Black, Block, Boe, Bolz, Campbell, Cannon, Collins,Crow, Cuddy, Deal, Denney, Douglas, Edmunson, Ellsworth,Eskridge, Field(18), Field(23), Gagner, Garrett, Henbest, Jaquet,Jones, Kellogg, Kulczyk, Lake, Langford, Langhorst, Martinez,McGeachin, McKague, Meyer, Miller, Mitchell, Moyle,Naccarato, Nielsen, Pasley-Stuart, Raybould, Ring, Ringo,


Robison, Rydalch, Sali, Sayler, Schaefer, Shepherd, Shirley,Skippen, Smith(30), Smylie, Snodgrass, Wills, Wood,Mr. Speaker. Total -- 60.

NAYS -- None.Absent and excused -- Bauer, Bradford, Clark, Eberle,

Harwood, Ridinger, Roberts, Smith(24), Stevenson, Trail.Total -- 10.

Total -- 70.








Total -- 70.





Bell, Black, Block, Boe, Bolz, Campbell, Cannon, Collins,Cuddy, Deal, Denney, Douglas, Edmunson, Ellsworth, Eskridge,Field(18), Field(23), Gagner, Garrett, Henbest, Jaquet, Jones,Kellogg, Kulczyk, Lake, Langford, Langhorst, Martinez,McGeachin, McKague, Meyer, Miller, Mitchell, Moyle,Naccarato, Nielsen, Pasley-Stuart, Raybould, Ring, Ringo,

Robison, Rydalch, Sali, Sayler, Schaefer, Shepherd, Shirley,Skippen, Smith(30), Smylie, Snodgrass, Stevenson, Wills, Wood,Mr. Speaker. Total -- 60.

NAYS -- None.Absent and excused -- Bauer, Bradford, Clark, Crow, Eberle,

Harwood, Ridinger, Roberts, Smith(24), Trail. Total -- 10.Total -- 70.


Mr. Moyle moved that all rules of the House interfering withthe immediate consideration of SJM 110 be suspended; that theportions of Section 15, Article 3 of the Constitution of the Stateof Idaho, requiring all bills to be read on three several days bedispensed with, this being a case of urgency; and that SJM 110be read the first time by title, second time by title, and third timeat length, and placed before the House for final consideration.Seconded by Ms. Jaquet.



Block, Boe, Bolz, Bradford, Campbell, Cannon, Collins, Crow,Cuddy, Deal, Denney, Douglas, Edmunson, Ellsworth, Eskridge,Field(18), Field(23), Gagner , Garrett, Henbest, Jaquet, Jones,Kellogg, Kulczyk, Lake, Langford, Langhorst, Martinez,McGeachin, McKague, Meyer, Miller, Mitchell, Moyle,Naccarato, Nielsen, Pasley-Stuart, Raybould, Ring, Ringo, Sali,Sayler, Schaefer, Shepherd, Shirley, Smith(30), Smylie,Snodgrass, Stevenson, Wills, Wood, Mr. Speaker. Total -- 58.



Total -- 70.

Whereupon the Speaker declared that more than two-thirds ofthe membership having voted in the affirmative, the motioncarried, the rules were suspended, and SJM 110 was read thefirst time by title, second time by title, and third time at length,and placed before the House for final consideration.




Mr. Moyle moved that all rules of the House interfering withthe immediate consideration of H 528, as amended in the Senate,be suspended; that the portions of Section 15, Article 3 of theConstitution of the State of Idaho, requir ing all bills to be read onthree several days be dispensed with, this being a case ofurgency; and that H 528, as amended in the Senate, be read thefirst time by title, second time by title, and third time at length,section by section, and placed before the House for finalconsideration. Seconded by Ms. Jaquet.







Total -- 70.





Block, Boe, Bolz, Campbell, Cannon, Collins, Cuddy, Deal,Denney, Douglas, Edmunson, Ellsworth, Eskridge, Field(18),Field(23), Gagner, Garrett, Henbest, Jaquet, Jones, Kellogg,Lake, Langhorst, Martinez, McGeachin, Meyer, Miller,Mitchell, Naccarato, Nielsen, Pasley-Stuart, Raybould, Ring,Ringo, Robison, Rydalch, Sayler, Schaefer, Shepherd, Skippen,Smith(30), Smylie, Snodgrass, Stevenson, Wills, Mr. Speaker.Total -- 52.

NAYS -- Barrett, Kulczyk, Langford, Moyle, Sali, Shirley,Wood. Total -- 7.

Absent and excused -- Bauer, Bradford, Clark, Crow, Eberle,Harwood, McKague, Ridinger, Roberts, Smith(24), Trail.Total -- 11.

Total -- 70.








Total -- 70.





Bell, Black, Block, Bolz, Bradford, Campbell, Cannon, Collins,Cuddy, Deal, Denney, Edmunson, Ellsworth, Eskridge,Field(18), Field(23), Garrett, Jones, Kellogg, Kulczyk, Lake,Langford, McGeachin, Meyer, Miller, Moyle, Nielsen,Raybould, Ring, Rydalch, Sali, Shirley, Skippen, Smith(30),Smylie, Snodgrass, Stevenson, Wills, Wood, Mr. Speaker.Total -- 45.

NAYS -- Boe, Crow, Douglas, Henbest, Jaquet, Langhorst,Martinez, McKague, Mitchell, Naccarato, Pasley-Stuart, Ringo,Robison, Sayler, Shepherd. Total -- 15.

Absent and excused -- Bauer , Clark, Eberle, Gagner,Harwood, Ridinger, Roberts, Schaefer, Smith(24), Trail.Total -- 10.

Total -- 70.









Total -- 70.





Block, Boe, Bolz, Bradford, Campbell, Cannon, Collins, Crow,Cuddy, Deal, Denney, Douglas, Edmunson, Eskridge, Field(18),Field(23), Gagner, Garrett, Henbest, Jaquet, Kellogg, Lake,Langford, Langhorst, Martinez, McGeachin, McKague, Meyer,Miller, Mitchell, Naccarato, Nielsen, Pasley-Stuart, Raybould,Ring, Ringo, Robison, Rydalch, Schaefer, Shepherd, Shirley,Skippen, Smith(30), Smylie, Snodgrass, Stevenson, Wills,Mr. Speaker. Total -- 54.

NAYS -- Bedke, Ellsworth, Kulczyk, Moyle, Sali, Wood.Total -- 6.

Absent and excused -- Bauer, Clark, Eberle, Harwood, Jones,Ridinger, Roberts, Sayler, Smith(24), Trail. Total -- 10.

Total -- 70.








Total -- 70.





Bell, Black, Block, Boe, Bolz, Bradford, Campbell, Cannon,Collins, Crow, Cuddy, Deal, Denney, Douglas, Edmunson,Ellsworth, Eskridge, Field(18), Field(23), Gagner, Garrett,Henbest, Jaquet, Jones, Kellogg, Kulczyk, Lake, Langford,Langhorst, Martinez, McGeachin, McKague, Meyer, Miller,Moyle, Nielsen, Pasley-Stuart, Raybould, Ring, Ringo, Robison,Rydalch, Sali, Sayler, Schaefer, Shepherd, Shirley, Skippen,Smith(30), Smylie, Snodgrass, Stevenson, Wills, Wood,Mr. Speaker. Total -- 60.

NAYS -- Mitchell, Naccarato. Total -- 2.Absent and excused -- Bauer, Clark, Eberle, Harwood,










Total -- 70.

Whereupon the Speaker declared that more than two-thirds ofthe membership having voted in the affirmative, the motioncarried, the rules were suspended, and H 544, as amended, asamended in the Senate, was read the first time by title, secondtime by title, and third time at length, section by section, andplaced before the House for final consideration.




Bell, Black, Block, Boe, Bolz, Bradford, Campbell, Cannon,Collins, Crow, Cuddy, Deal, Denney, Douglas, Edmunson,Ellsworth, Eskridge, Field(18), Field(23), Gagner, Garrett,Harwood, Jones, Kellogg, Kulczyk, Lake, Martinez, McGeachin,McKague, Meyer, Miller, Mitchell, Moyle, Naccarato, Nielsen,Raybould, Ring, Rydalch, Sali, Schaefer, Shepherd, Shirley,Skippen, Smith(30), Smylie, Snodgrass, Stevenson, Wills, Wood,Mr. Speaker. Total -- 55.

NAYS -- Henbest, Jaquet, Langford, Langhorst,Pasley-Stuart, Ringo, Robison, Sayler. Total -- 8.

Absent and excused -- Bauer, Clark, Eberle, Ridinger,Roberts, Smith(24), Trail. Total -- 7.

Paired Vote: AYE -- Harwood. NAY -- Langhorst.(Pair enumerated in roll call above.)Total -- 70.

Whereupon the Speaker declared H 544, as amended, asamended in the Senate, passed the House. Title was approvedand the bill was referred to Judiciary, Rules, and AdministrationCommittee for enrolling.







Total -- 70.





Bell, Black, Block, Boe, Bolz, Bradford, Campbell, Cannon,Collins, Crow, Cuddy, Deal, Denney, Douglas, Edmunson,Ellsworth, Eskridge, Field(18), Field(23), Gagner, Garrett,Kellogg, Lake, Langford, Martinez, McGeachin, McKague,Meyer, Miller, Mitchell, Moyle, Naccarato, Nielsen, Raybould,Ring, Robison, Rydalch, Sali, Sayler, Schaefer, Shepherd,Shirley, Skippen, Smith(30), Smylie, Snodgrass, Stevenson,Wills, Wood, Mr. Speaker. Total -- 55.

NAYS -- Henbest, Jaquet, Jones, Langhorst, Pasley-Stuart,Ringo. Total -- 6.

Absent and excused -- Bauer, Clark, Eberle, Harwood,Kulczyk, Ridinger, Roberts, Smith(24), Trail. Total -- 9.

Total -- 70.









Total -- 70.





Boe, Bolz, Bradford, Campbell, Cannon, Collins, Crow, Cuddy,Deal, Denney, Douglas, Edmunson, Eskridge, Field(18),Field(23), Gagner, Garrett, Henbest, Jaquet, Jones, Kellogg,Lake, Langford, Langhorst, Martinez, McGeachin, McKague,Meyer, Miller, Mitchell, Naccarato, Nielsen, Pasley-Stuart,Raybould, Ring, Ringo, Robison, Rydalch, Sayler, Schaefer,Shepherd, Shirley, Skippen, Smith(30), Smylie, Snodgrass,Stevenson, Wills, Mr. Speaker. Total -- 55.

NAYS -- Barrett, Bayer, Kulczyk, Moyle, Sali. Total -- 5.Absent and excused -- Bauer, Clark, Eberle, Ellsworth,

Harwood, Ridinger, Roberts, Smith(24), Trail, Wood.Total -- 10.

Total -- 70.








Total -- 70.




Roll call resulted as follows:AYES -- Andersen, Barraclough, Black, Block, Boe, Bolz,

Cannon, Collins, Crow, Cuddy, Deal, Douglas, Edmunson,Ellsworth, Eskridge, Field(18), Field(23), Gagner, Garrett,Henbest, Jaquet, Jones, Kellogg, Lake, Langford, Langhorst,Martinez, McGeachin, McKague, Meyer, Miller, Mitchell,Naccarato, Nielsen, Pasley-Stuart, Raybould, Ridinger, Ring,Ringo, Robison, Rydalch, Sayler, Schaefer, Shepherd, Shirley,Skippen, Smith(30), Smylie, Snodgrass, Wills, Wood,Mr. Speaker. Total -- 52.

NAYS -- Barrett, Bayer, Bedke, Bell, Denney, Kulczyk,Moyle, Sali, Stevenson. Total -- 9.

Absent and excused -- Bauer, Bradford, Campbell, Clark,Eberle, Harwood, Roberts, Smith(24), Trail. Total -- 9.

Total -- 70.


Mr. Moyle moved that all rules of the House interfering withthe immediate consideration of SCR 134 be suspended; that theportions of Section 15, Article 3 of the Constitution of the Stateof Idaho, requiring all bills to be read on three several days bedispensed with, this being a case of urgency; and that SCR 134be read the first time by title, second time by title, and third timeat length, and placed before the House for final consideration.Seconded by Ms. Jaquet.



Block, Boe, Bolz, Bradford, Campbell, Cannon, Collins, Crow,


Cuddy, Deal, Denney, Douglas, Edmunson, Ellsworth, Eskridge,Field(18), Field(23), Gagner, Garrett, Henbest, Jaquet, Jones,Kellogg, Kulczyk, Lake, Langford, Langhorst, Martinez,McGeachin, McKague, Meyer, Miller, Mitchell, Moyle,Naccarato, Nielsen, Pasley-Stuart, Raybould, Ring, Ringo, Sali,Sayler, Schaefer, Shepherd, Shirley, Smith(30), Smylie,Snodgrass, Stevenson, Wills, Wood, Mr. Speaker. Total -- 58.



Total -- 70.

Whereupon the Speaker declared that more than two-thirds ofthe membership having voted in the affirmative, the motioncarried, the rules were suspended, and SCR 134 was read thefirst time by title, second time by title, and third time at length,and placed before the House for final consideration.



Roll call resulted as follows:AYES -- Andersen, Barraclough, Bayer, Black, Block, Boe,

Bradford, Cannon, Collins, Deal, Denney, Edmunson, Field(18),Field(23), Gagner, Garrett, Jones, Kellogg, Lake, Langford,McGeachin, Nielsen, Raybould, Ringo, Rydalch, Sayler,Shepherd, Shirley, Skippen, Wills, Wood, Mr. Speaker.Total -- 32.

NAYS -- Barrett, Bedke, Bell, Bolz, Crow, Cuddy, Douglas,Ellsworth, Eskridge, Henbest, Jaquet, Kulczyk, Langhorst,Martinez, McKague, Meyer, Miller, Mitchell, Moyle, Naccarato,Pasley-Stuart, Ridinger, Ring, Robison, Sali, Schaefer,Smith(30), Smylie, Snodgrass, Stevenson. Total -- 30.

Absent and excused -- Bauer, Campbell, Clark, Eberle,Harwood, Roberts, Smith(24), Trail. Total -- 8.

Total -- 70.





We, your COMMITTEE ON JUDICIARY, RULES, ANDADMINISTRATION, report that we have enrolled H 777, asamended in the Senate, H 760, as amended, as amended in theSenate, H 761, as amended, as amended in the Senate, H 528, asamended in the Senate, H 539, as amended in the Senate, H 603,as amended in the Senate, H 780, as amended in the Senate,H 544, as amended, as amended in the Senate, H 745, asamended in the Senate, and H 755, as amended in the Senate.

FIELD(18), Chairman

The Speaker announced he was about to sign enrolled H 777,as amended in the Senate, H 760, as amended, as amended in theSenate, H 761, as amended, as amended in the Senate, H 528, asamended in the Senate, H 539, as amended in the Senate, H 603,

as amended in the Senate, H 780, as amended in the Senate,H 544, as amended, as amended in the Senate, H 745, asamended in the Senate, and H 755, as amended in the Senate,and, when so signed, ordered them transmitted to the Senate forthe signature of the President.

Mr. Denney asked unanimous consent that committees beappointed by the Speaker to notify the Governor and the Senatethat the House is ready to adjourn Sine Die. There being noobjection, it was so ordered.

The Speaker appointed Representatives Kellogg, Block, andRobison to notify the Governor and Representatives Wills,Collins, and Langhorst to notify the Senate.

The committees were excused.

The committee appointed to notify the Governor reported thatit had delivered the message to the Governor. The committeewas thanked and discharged by the Speaker.

The committee appointed to notify the Senate reported that ithad delivered the message to the Senate. The committee wasthanked and discharged by the Speaker.


Adjournment

Mr. Denney moved that the House of Representatives of theSecond Regular Session of the Fifty-seventh Legislature of theState of Idaho adjourn Sine Die. Seconded by Ms. Jaquet.

Whereupon the Speaker declared the motion carried and theHouse of Representatives of the Second Regular Session of theFifty-seventh Legislature of the State of Idaho adjourned Sine Dieat 5:46 p.m., March 20, 2004.



Enrolled H 616, H 739, H 753, H 602, H 696, as amended,H 592, H 634, as amended, H 609, as amended, H 686, H 645,H 620, H 799, as amended, H 837, H 838, H 839, H 840,H 841, H 801, H 805, H 820, H 821, H 512, as amended,H 638, and H 520, as amended in the Senate, were transmitted tothe Governor at 11 a. m., March 22, 2004.

Enrolled S 1290, S 1317, as amended, S 1346, as amended,S 1422, as amended, S 1435, S 1441, S 1445, S 1293, asamended in the House, S 1323, as amended in the House, andS 1439, as amended in the House, were received from the Senate,signed by the Speaker, and returned to the Senate.

Enrolled S 1322, S 1347, S 1351, as amended, S 1361,S 1363, S 1417, S 1444, as amended in the House, as amended inthe House, S 1446, SCR 134, and SJM 110 were received fromthe Senate, signed by the Speaker, and returned to the Senate.

Enrolled H 712, H 648, H 770, H 726, as amended, H 499,as amended, H 526, H 527, H 529, H 678, H 596, H 632,H 748, H 552, as amended, H 531, H 532, H 625, as amended,


H 691, H 692, H 682, H 487, H 579, as amended, H 656,H 694, H 646, H 629, H 772, H 671, H 659, as amended,H 773, H 808, H 776, H 653, H 807, H 787, H 631, asamended, H 815, H 636, as amended, H 711, H 508, asamended, H 802, H 728, as amended, H 778, H 752, asamended, H 590, as amended, H 751, as amended, H 771,H 803, H 812, H 515, H 811, H 756, H 836, H 806, H 816, asamended, H 828, H 835, H 774, H 777, as amended in theSenate, H 760, as amended, as amended in the Senate, H 761, asamended, as amended in the Senate, H 528, as amended in theSenate, H 539, as amended in the Senate, H 603, as amended inthe Senate, H 780, as amended in the Senate, H 544, asamended, as amended in the Senate, H 745, as amended in theSenate, H 755, as amended in the Senate, H 635, as amended inthe Senate, H 586, as amended in the Senate, H 651, asamended, as amended in the Senate, and H 693, as amended inthe Senate, were returned from the Senate signed by thePresident, and delivered to the Governor at 11 a.m.,March 22, 2004.

Enrolled HCR 50, was returned from the Senate signed bythe President, and delivered to the Secretary of State at11:14 a.m., March 22, 2004.

H 842, H 843, H 845, H 846, H 847, and H 848 werereturned from the Senate passed, enrolled, signed by the Speaker,signed by the President, and delivered to the Governor at11 a.m., March 22, 2004.

HCR 56 and HJM 27 were returned from the Senate passed,enrolled, signed by the Speaker, signed by the President, anddelivered to the Secretary of State at 11:14 a.m.,March 22, 2004.


March 23, 2004




H 473, as amended in the Senate, H 474, H 475, H 482, asamended, H 488, H 495, H 499, as amended, H 508, asamended, H 512, as amended, H 519, H 526, H 528, asamended in the Senate, H 529, H 532, H 540, H 563, H 571,H 585, H 587, as amended, H 596, H 602, H 603, as amendedin the Senate, H 618, H 620, H 627, H 636, as amended, H 645,H 649, H 658, H 659, as amended, H 661, H 670, H 684,H 686, H 691, H 694, H 696, as amended, H 727, H 755, asamended in the Senate, H 756, H 762, H 771, H 772, H 773,H 777, as amended in the Senate, H 785, H 786, H 792, H 802,H 805, H 808, H 811, H 812, H 818, H 819, H 820, H 821,H 835, H 838, H 845, and H 846


Governor


March 23, 2004




H 511, H 515, H 516, H 520, as amended in the Senate, H 521,H 524, as amended in the Senate, H 531, H 539, as amended inthe Senate, H 549, H 558, as amended, H 559, H 560, asamended in the Senate, H 564, H 581, H 592, H 593, H 604, asamended, H 608, H 614, H 615, H 616, H 622, H 623, H 625,as amended, H 633, H 634, as amended, H 635, as amended inthe Senate, H 648, H 653, H 663, H 669, H 677, H 678, H 682,H 683, H 700, H 739, H 745, as amended in the Senate, H 751,as amended, H 753, H 763, H 764, H 767, H 776, H 780, asamended in the Senate, H 783, H 784, H 789, H 790, H 791,H 799, as amended, H 806, H 823, H 824, H 837, H 841, andH 842


Governor


March 24, 2004




H 632, H 668, and H 840


Governor


March 24, 2004




H 487, H 527, H 552, as amended, H 568, H 570, H 579, asamended, H 586, as amended in the Senate, H 609, as amended,


H 629, H 638, H 642, H 643, H 644, H 656, H 671, H 692,H 706, H 711, H 726, as amended, H 748, H 766, H 778,H 803, H 815, and H 839


Governor


March 25, 2004




H 752, as amended


Governor


March 26, 2004




H 536, H 607, and H 651, as amended, as amended in the Senate


Governor


March 26, 2004




H 774, H 787, H 836, H 843, and H 848


Governor


March 31, 2004




H 724 and H 793


Governor


April 1, 2004




H 567, H 569, H 619, H 654, H 697, H 768, H 794, H 795, andH 822


Governor


April 2, 2004




H 590, as amended, H 631, as amended, H 646, H 693, asamended in the Senate, H 712, H 770, H 801, H 828, and H 847


Governor



April 2, 2004




H 728, as amended

H 728, as amended, amends chapter 12, title 33, Idaho Code,by authorizing a requirement in technology proficiency forteachers. The legislation also provides that a waiver process beadopted and to provide certain limitations for waivers as well as asunset date.

Under H 728, as amended, teachers must file a letter ofappeals to the Department of Education describing thecircumstances by which meeting the technology requirement isnot applicable. Teachers are exempt only after they havereceived approval of the letter of appeal from either the localschool Superintendent, Board of Trustees, or Department ifotherwise denied. This provision accommodates physicaleducation, music, and art teachers whose curriculum does notrequire a basic knowledge and us of technology.

Provisions in H 728, as amended, that allow for a one-time,five-year waiver, as well as the remaining provisions, will sunsetJuly 1, 2009.

This legislation is not intended to allow teachers - whosecurriculum requires a basic knowledge of technology - be waivedfrom a basic level of technology proficiency. This importantcomponent of the Kindergarten though Grade 12 curriculum isthe window to the future for our young students, and I ampersuaded that the constraints placed on such waivers throughH 728, as amended, are such that any waivers will be difficult toobtain - as they should be - and rare.

Based on the above, I have signed H 728, as amended, intolaw.


Governor


April 2, 2004


Dear Mr. Speaker:I have the honor to advise you that I am returning herewith,

without my approval, disapproved and vetoed:

H 760, as amended, as amended in the Senate, and H 761, asamended, as amended in the Senate

within the time limited by law, the same having arrived in theOffice of the Governor at the hour 11 a. m. on March 22, 2004.

The fiscal impacts of these two bills total almost $4 million inlost revenue to the State of Idaho in Fiscal Year 2005, and couldhave an annual impact of more than $6 million by Fiscal Year2008.

While the State may encourage this type of investment in anduse of alternative energy, the present question is whether we canafford these additional incentives at this time.

With the challenges the State will have in funding basic publicservices over the course of the next two years, and despite thelaudable purpose intended to be served by these separate pieces oflegislation, we simply cannot afford this additional incentive atthe current time.

Assuming these proposed projects meet the appropriatecriteria, they currently qualify for the State’s Investment TaxCredit, along with other federal incentives. I believe thoseincentives presently encourage development of this type of powergenerating capacity.

For these reasons, I hereby withhold my approval from,disapprove, and veto H 760, as amended, as amended in theSenate, and H 761, as amended, as amended in the Senate.


Governor


April 2, 2004




H 544, as amended, as amended in the Senate


H 544, as amended, as amended in the Senate, attempts toprovide more authority to watershed advisory groups (WAGs) inthe development of total maximum daily loads (TMDLs), aprocess dedicated to the states under the federal Clean Water Act.The bill purports, among others, to place into law a newdefinition of “subbasin assessment,” provide for a formalsubstantive consultation process with WAGs in the developmentof TMDLs, and dictate the membership of such groups.

Collaboration between the impacted communities and stategovernment has always been an important part of the TMDLprocess. However, I am concerned that the administrative burdenplaced on the Department of Environmental Quality (DEQ)through H 544, as amended, as amended in the Senate, will beonerous, especially with the $171,000 reduction in DEQ’sadministrative budget. Increased costs to implement imposed


changes directed by the WAGs, while perhaps necessary insubstance, stand to face a much larger cost in terms of providinga path forward in the development of TMDLs.

Finally, H 544, as amended, as amended in the Senate,contains ambiguous language that is open to interpretation and isperhaps actionable. For example, it is not evident from the faceof the bill what precisely DEQ’s substantive obligations will be inorder to “utilize the knowledge, expertise, experience andinformation” of the membership of a WAG. This particularlanguage appears ripe for judicial interpretation both in form andremedy.

I look forward to working with those in the regulatedcommunity to ensure that Idaho’s process of developing TMDLshas a basis in both science and common sense. H 544, asamended, as amended in the Senate, however, would impose newburdens upon a process that already has significant protections inplace.

The Clean Water Act processes left for the states, like TMDLdevelopment, must, out of necessity, have a decidedly statepersonality. I am persuaded that if enacted, H 544, as amended,as amended in the Senate, would present the very real possibilitythat Idaho’s TMDL program will never proceed with theefficiency that our stakeholders demand.

We can strike an appropriate balance between publicinvolvement with their government and environmental protection.Unfortunately, such a balance is not evident in the framework ofH 544, as amended, as amended in the Senate.

For these reasons, I hereby withhold my approval from,disapprove, and veto H 544, as amended, as amended in theSenate.


Governor


April 2, 2004




H 807

within the time limited by law, the same having arr ived in theOffice of the Governor at the hour 11 a. m. on March 22, 2004.

H 807 amends the organic statutory scheme which originallycreated the Idaho Beef Council in 1967. The legislation, amongothers, proposes to reduce the membership of the Beef Council toseven members from eight, removes the voting privilege from themarketman (auction house representative) and instead providesthat position will be ex officio and nonvoting.

Importantly, H 807 would require the Governor to “selectfrom” recommendations made by organizations who represent orwho are engaged in the same type of production or business asthe proposed member of the Council. Currently, the Governor isto “take into consideration” recommendations received fromorganizations when making appointments.

This legislation, while containing some laudable changes tocurrent law, is problematic for several reasons. First, it is notclear why the Governor should be required to “select from” auniverse of recommendations rather than, as under current law,“take into consideration” the names of those who are willing toserve on this important body. I am persuaded that H 807, aswritten, unduly restricts the potential choices for thesegubernatorial appointments.

Second, the legislation is largely premature. H 807 containsa provision for Council funding if the courts invalidate thecurrent federal funding mechanism. However, such acontingency has yet to occur.

I am willing to consider and act upon similar legislation nextyear if the federal funding concerns expressed in H 807 become areality.

For these reasons, I hereby withhold my approval from,disapprove, and veto H 807.


Governor


April 2, 2004




H 816, as amended


The intention of this legislation is to protect Idaho’s cattleindustry and consumers, which are worthy goals. H 816, asamended, attempts to further those protections by providing foran improved identification system for livestock entering Idahofrom Canada by requiring a brand "C" on their necks and a radiofrequency identification (RFID) device in accordance with USDAregulations. These provisions are not required if the cattle areconsigned directly to a slaughter facility.

I am mindful, in light of recent events in the PacificNorthwest that focused national attention on our food supply, ofthe need for improved animal identification. I greatly appreciatethe attention and effort you have dedicated to this legislation.


However, imposing these requirements on imported cattlefrom Canada, when it appears that our livestock producers mightnot be able to meet similar standards here at home, is prematurein light of federal efforts to address health concerns alreadyunderway.

I have been advised by senior officials at the United StatesDepartment of Agriculture (USDA) that the federal government isworking closely with a broad sector of our domestic producers toimplement a nationwide system of animal identification, and,importantly, that this program has the highest of priorities.

Additionally, I am also informed by the USDA that there ispresently a rule making addressing live importation of Canadiancattle into the United States and that it will be science-baseddecision making. The USDA has recommended that theprovisions intended by H 816, as amended, are untimely pendingthe outcome of the federal regulatory efforts and that thislegislation not be signed into law.

H 816, as amended, sends a message which is both loud andclear to Canada and the USDA that the Idaho Legislature feelsstrongly about having a rigorous system of animal identificationto prevent the spread of disease. This message has resounded inthe halls of the agencies with responsibility over ensuring foodsafety in Washington, and you are to be congratulated for theeffectiveness of this legislation in delivering Idaho’s siren call onthis issue.

However, I have already signed H 806, which allows theIdaho Department of Agriculture, Division of Animal Industries,the authority to develop rules for the proper identification oflivestock, poultry, and fish and for the registration of thepremises on which they are held.

With H 806, Idaho will be better prepared to get its ownhouse in order. Our State will be able to bring additionalconcerns, comments, suggestions to the process beingimplemented by USDA for new rules addressing properidentification and disease prevention. For now, Idaho isprotected through this new legislation and the existing federalrule making process, and I look forward to working with you tofix this problem on a long-term basis.

For these reasons, I hereby withhold my approval from,disapproved, and veto H 816, as amended.


Governor

CERTIFICATE

WE, BRUCE NEWCOMB, Speaker of the House ofRepresentatives, and PAMM JUKER, Chief Clerk, do herebycertify and attest as follows:

That we have carefully compiled in the House Journal of theSecond Regular Session of the Fifty-seventh Legislature all of theproceedings of the Sixty-ninth Legislative Day, and that the saidJournal contains a full, true, and correct record of all of theproceedings of said House of Representatives for said day andfinal action upon all legislation.

IN WITNESS WHEREOF, we have hereunto set our hands,this 5th day of April, 2004.


Attest:PAMM JUKER, Chief Clerk

HOUSE INDEX 317

Bill No. Page

* Law** Adopted

ALPHABETICAL SUBJECT MATTER INDEX

This index gives key words with regard to subject matter of legislation introduced in the House. Non-legislative subject matteris included and referred to by page number only.

Senate Bills are referred to only by number as read, voted upon, or amended in the House. No reference is made in thisalphabetical index to Senate Bills; however, separate indexes in this volume list in numerical order all Senate Bills, Memorials, andResolutions received by the House and show action taken by the House thereon.

The Journal contains only the titles of House legislation and only the numbers of the Senate Bills. If more information isdesired, reference should be made to the Session Laws.

-A-

ACTS Best Value in Contracting, add .. . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . H 597 44 Business Corporation, amend .. . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . *H 671 83 Commonsense Consumption, add .. . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . *H 590 42 Contractor Registration, add .. . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . H 814 191 Elevator Safety Code, add .. . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . *H 569 35 Federal Consumer Credit Protection Act, update cite . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . *H 522 24 Hazardous Substance Emergency Response, amend .. . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . *H 648 69 Health Facilities Authority, amend .. . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . *H 646 69 Homeowner' s Association Property, add .. . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . H 758 136 Interstate Compact on Juveniles, repeal/reenact . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . *H 518 23 Mobile Home Park Landlord Tenant, amend .. . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . *H 773 154 Naturopathic Physicians Licensing, add .. . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . H 695 91 Patient Freedom of Information, amend .. . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . H 657 77 Public Infrastructure Improvements Distr ict, add .. . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . H 759 136 Public Infrastructure Improvements Distr ict, add .. . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . H 832 222 Voluntary Contributions, repeal . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . H 584 41ADMINISTRATION DEPARTMENT Approp .. . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . *H 792 167 Approp, additional . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . *H 838 252 Borah Post Office building, acquire for state use .. . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . **HCR 44 82 Group insurance for governmental bodies, data . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . H 834 224 Industrial Special Indemnity Fund claim, extend time .. . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . *H 533 25ADVERTISING Auditorium district, funds restriction, promote measures . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . H 689 91AGRICULTURE Agricultural equipment, not food establishment . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . *H 677 89 Agricultural land assessment, hunting/fishing rights . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . H 800 174 Agricultural land preservation tax .. . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . H 594 43 Agricultural property tax replacement, sales tax .. . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . *H 538 27 Beef Council terms, duties, assessments, refunds .. . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . H 807 182 CAFTA/national trade agreements, economic impact . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . **HJM 18 88 Cattle imported from Canada, brand and tracking chip .. . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . H 742 121 Cattle imported from Canada, identification, penalty .. . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . H 816 191 Cattle, stray voltage protocols . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . H 779 154 Commodity Indemnity Fund Advisory Com, compensation .. . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . *H 614 54 Commodity producer lien, livestock and products . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . H 679 89 Commodity producer or dealer liens .. . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. H 775 154 Confined animal feeding operation, public comments . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . H 730 116 Cooperative marketing assns, incorporation articles . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . *H 546 30 Crop management area, petitioners . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . *H 678 89 Dept, approp .. . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . *H 763 143 Dept, approp, Soil Conservation Com ... . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . *H 767 152

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* Law** Adopted

Dept, approp, additional, smoke management . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . *H 842 254 Domestic cervidae, farm registration, inspection .. . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . *H 653 77 Farm accessory suppliers, repurchase from dealer . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. H 817 191 Fertilizer, local legislation prohibited .. . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . H 681 89 Field burning fee, $2.00 per acre .. . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . H 744 121 Field burning fee, $2.00 per acre .. . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . *H 776 154 Field burning, ' economically viable alternative' defined .. . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . H 741 121 Idaho Aquaculture Com, promote aquaculture products . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . *H 836 248 Idaho Aquaculture Com, promote aquaculture products . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . H 613 54 Livestock, transportation of agricultural commodities . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . **HJM 15 53 Livestock/poultry/fish, identification, regulation .. . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . H 719 111 Livestock/poultry/fish, identify, rules, records .. . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . *H 806 182 Nutrient management plan, location of copies . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . *H 682 89 Potato Com, purpose and powers amended .. . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . *H 683 90 Prune Com repealed .. . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . *H 547 30 Seed Indemnity Fund Advisory Com, compensation .. . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . *H 615 54 Seed dealer' s license exemption, certain sales . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . *H 549 30 Soil/plant amendments, no local regulation .. . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . H 680 89 Specialty fertilizer, analysis deviates, penalties . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . *H 548 30 UCC, farm equipment/accessories, dealer agreements . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . H 703 97AIRPLANES AND AIRCRAFT Emergency air medical services, H&W Bd rules . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . *H 697 92ANIMALS Domestic cervidae, farm registration, inspection .. . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . *H 653 77 Livestock/poultry/fish, identification, regulation .. . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . H 719 111 Livestock/poultry/fish, identify, rules, records .. . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . *H 806 182 Vicious dogs, attacks domestic animals, destruction .. . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . H 666 83ANNEXATION City annexation, required procedures .. . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . H 685 90APPEALS Appellate Public Defender, approp .. . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . *H 785 161 Election recount results, appeal, hearing .. . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . *H 500 19 Property tax appeal, procedure, court rules . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . *H 506 20 State highway contracts, lowest/best bids, appeal . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . *H 473 14 Tax Appeals Bd, approp .. . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . *H 823 201 Tax, property, cross-reference deleted .. . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . *H 505 20APPRAISALS AND APPRAISERS Transportation Dept, property appraisals, exemptions .. . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . *H 486 18APPROPRIATIONS Appellate Public Defender, approp .. . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . *H 785 161 Approp .. . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . *H 792 167 Approp, additional . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . *H 838 252 Appropriations legislation amending statutes, 2/3 vote .. . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . HCR 37 39 Attorney General . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . *H 786 161 Catastrophic Health Care Cost Fund .. . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. *H 722 111 Commerce Dept, additional, water management plan .. . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . *H 843 282 Correction Dept . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . *H 784 161 Correction Dept, additional . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . *H 566 32 Dept, Pest Control Deficiency Fund, approp .. . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . *H 504 20 Dept, approp .. . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . *H 763 143 Dept, approp, Soil Conservation Com ... . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . *H 767 152 Dept, approp, additional, smoke management . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . *H 842 254 Education Bd, Historical Society .. . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . *H 819 193 Education Bd, Idaho School for Deaf and Blind .. . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . *H 820 194 Education Bd, Office of . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . *H 801 174 Education Bd, Public Broadcasting System ... . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . *H 818 193 Education Bd, State Library Bd .. . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . *H 821 194

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Bill No. Page

* Law** Adopted

Education Bd, colleges and universities . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . *H 768 153 Education Bd, community college support . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . *H 793 167 Education Bd, medical education programs .. . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . *H 794 167 Education Bd, special programs .. . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . *H 795 167 Education Dept/Public Instruction Superintdt, add' l . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . *H 847 283 Education Dept/Public Instruction Superintendent . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . *H 822 201 Environmental Quality Dept . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . *H 837 248 Finance Dept . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . *H 735 116 Fish and Game Dept . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . *H 721 111 General fund expenditures, limitations .. . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . H 754 135 Governor, Office of . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . *H 790 167 Governor, Office of, Financial Management Division .. . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . *H 791 167 Governor, Office of, Human Resources Division .. . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . *H 733 116 Governor, Office of, PERSI .. . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . *H 732 116 Governor, Office of, Species Conservation .. . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . *H 715 105 Governor, Office of, appropriation transfer, exempt .. . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . *H 841 252 Idaho State Police .. . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . *H 737 116 Idaho State Police, additional . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . *H 565 32 Insurance Dept . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . *H 734 116 Insurance Dept, additional . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . *H 514 22 Land Commissioners, Endowment Fund Investment Bd .. . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . *H 764 143 Lands Dept . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . *H 766 152 Millennium Income Fund, tobacco programs funding .. . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . *H 783 161 Parks and Recreation Dept . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . *H 718 111 Public Health Trust Fund .. . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . *H 723 111 Public Utilities Com ... . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . *H 736 116 Revenue and Taxation Dept, State Tax Com ... . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . *H 824 201 Self-Governing Agencies Dept . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . *H 762 142 Self-Governing Agencies Dept, additional . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . *H 840 252 Self-Governing Agencies, additional, Medical Bds .. . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. *H 839 252 State employee salaries, temporary increase .. . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . *H 805 180 Tax Appeals Bd, approp .. . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . *H 823 201 Taxpayer' s Bill of Rights, spending limits . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . HJR 6 38 Taxpayer' s Bill of Rights, spending limits . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . HJR 7 38 Treasurer, State . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . *H 789 167 Treasurer, additional, commemorative medallions .. . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. *H 846 283 Water Resources Dept, additional . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . *H 503 20ASSESSMENTS AND ASSESSORS Agricultural land assessment, hunting/fishing rights . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . H 800 174 Agricultural land preservation tax .. . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . H 594 43 Agricultural land tax, property leases, terms .. . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . H 541 28 Auditorium district, funds restriction, promote measures . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . H 689 91 Auditorium district, maximum tax rate . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . H 690 91 Homeowners, age 70+ years, property tax exemption .. . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . H 716 105 Homes, tax exemption, taxable value increase .. . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . H 781 155 Idaho Aquaculture Com, promote aquaculture products . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . *H 836 248 Idaho Aquaculture Com, promote aquaculture products . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . H 613 54 Independent insurance adjuster, depredation claims .. . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . *H 700 97 Local/business improvement districts, changes .. . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . H 688 90 Operating property tax, electricity generation .. . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . *H 542 28 Property sales, disclose price to county assessor . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . H 650 76 Property tax, improper exemption, recover tax .. . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . *H 739 117 Public Infrastructure Improvements Distr ict, add .. . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . H 759 136 Public Infrastructure Improvements Distr ict, add .. . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . H 832 222 Rural homesite, property tax exemption eligibility . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. H 599 45ASSISTED LIVING AND RESIDENTIAL CARE Assisted living, transform oversight process . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . **HCR 49 125

320 HOUSE INDEX

Bill No. Page

* Law** Adopted

Electronic records/signatures, safeguard policies . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . H 628 61 Facility medication policies, individual dose .. . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . *H 748 126 H&W Dept, assisted living facilities rules rejected .. . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . **HCR 55 182 Maximum staffing levels per admission agreements . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . H 626 61 Mental patient, visits, advocacy representative .. . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . *H 579 37 Nursing facility reviews, Medicare/Medicaid .. . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . **HJM 25 221ASSOCIATIONS Education Bd, Office of . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . *H 801 174 Homeowner' s Association Property, add .. . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . H 758 136ATHLETICS Athletic Com, powers and duties, boxing contests . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. *H 770 153ATTACHES Approved .. . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . 12, 95 Oath of Office .. . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . 12, 95ATTORNEY GENERAL Attorney General . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . *H 786 161 Telephone solicitation, "do-not-call," national list . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. *H 535 25ATTORNEYS Appellate Public Defender, approp .. . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . *H 785 161AUDITORIUM DISTRICTS Auditorium district, funds restriction, promote measures . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . H 689 91AUDITS AND AUDITORS Vehicle registration fees, state tax com audit . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . *H 474 14

-B-

BANKS AND FINANCIAL INSTITUTIONS Financial institutions regulation, federal and state . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . **HJM 20 104 Loans/credit extensions, lending limits . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . *H 524 24BIDS Best Value in Contracting, add .. . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . H 597 44 County bid opening, date/place, notice requirements . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . *H 554 31 Land Bd, powers, solicit bids, contract work .. . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . *H 511 21 State highway contracts, lowest/best bids, appeal . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . *H 473 14 Student transportation service, renewal without bids . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . *H 603 49BIRDS State raptor: Peregrine Falcon .. . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . *H 712 99BLIND Blind Services Foundation, Inc. , sales tax exemption .. . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . *H 601 45 Education Bd, Idaho School for Deaf and Blind .. . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . *H 820 194BOARDS Cosmetology, examining assistants, compensation .. . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. *H 706 98 Naturopathic Physicians Licensing, add .. . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . H 695 91 Petroleum clean water fund, bd of trustees . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . *H 622 58 Scaling practices bd, 2 meetings per year . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . H 637 68 Social Work Examiners Bd, membership, nominations .. . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . *H 553 31BUDGETS Cemetery districts, additional levy, 2/3 voter approval . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . H 746 121 General fund expenditures, limitations .. . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . H 754 135 Library district budget, maximum tax .. . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . H 660 78 Taxing district budget increase, minimum voter turnout . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . H 809 185 Taxpayer' s Bill of Rights, spending limits . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . HJR 6 38 Taxpayer' s Bill of Rights, spending limits . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . HJR 7 38BUILDING SAFETY DIVISION Building codes, local enforcement . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . *H 756 136 Contractor Registration, add .. . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . H 814 191 Electrical inspectors, state/municipal, qualifications .. . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . H 525 24

HOUSE INDEX 321

Bill No. Page

* Law** Adopted

Elevator Safety Code, add .. . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . *H 569 35 Manufactured home installer, license required .. . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . *H 568 34 Modular buildings, inspections .. . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . *H 585 41 Rulemaking, manufactured homes, dispute resolution .. . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . *H 526 24BUILDINGS Borah Post Office building, acquire for state use .. . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . **HCR 44 82 Building codes, local enforcement . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . *H 756 136BUSINESS Depreciable property adjusted basis, changes .. . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . *H 720 111BUSINESS ENTITIES Business Corporation, amend .. . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . *H 671 83

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CANDIDATES AND CAMPAIGNS Citywide ballot measures, campaign expenditures . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . *H 625 60 Election recount results, appeal, hearing .. . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . *H 500 19 Political campaign, debts, leftover funds, uses . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . *H 777 154 Statewide campaigns, unused funds, semiannual report . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . *H 811 186 Voluntary Contributions, repeal . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . H 584 41CAPITAL PUNISHMENT Death penalty case, victim impact information .. . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . *H 609 51CEMETERIES AND CREMATORIUMS Cemetery districts, additional levy, 2/3 voter approval . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . H 746 121CERTIFICATE OF APPOINTMENT Representative Clifford R. Bayer, District 21 .. . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. 1 Representative Anne Pasley-Stuart, District 19 .. . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . 1 Acting State Representative for Clark(Jorgenson) .. . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . 50 Acting State Representative for Kellogg(Nonini) . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . 94 Acting State Representative for Trail(Bennett) . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . 165CERTIFICATE OF ELECTION ... . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . 1CHAPLAINS, GUEST Swanson, Bruce .. . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . 50 McKellip, David .. . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . 52 Smith, Terry W. .. . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . 59, 246 Crane, Ron .. . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . 66, 261 Winder, Chuck .. . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . 252CHARITIES Blind Services Foundation, Inc. , sales tax exemption .. . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . *H 601 45 Children' s Village Inc., contributions, tax credit . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . *H 610 53 Veterans service organizations, sales tax exemptions .. . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . H 810 185 Women and Children' s Alliance, donations, tax credit . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . *H 753 126CHILDREN 16 year old child, school age, truancy .. . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . H 750 126 Child slavery, urge action against . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . HJM 13 34 Children' s Village Inc., contributions, tax credit . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . *H 610 53 Day care facilities, persons not permitted on premises .. . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . H 572 35 Kindergarten, age 6, compulsory attendance .. . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . H 740 121 Paternity fraud action, child support restitution .. . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . *H 771 153 Preschool/day care, aggravating factor, drug trafficking .. . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . H 641 68 Sudden infant death syndrome, pathologist autopsy .. . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . H 729 116 Support order, levy against deferred compensation .. . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . *H 581 37 Women and Children' s Alliance, donations, tax credit . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . *H 753 126 Youth/junior hunting licenses .. . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . H 574 35CITIES Building codes, local enforcement . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . *H 756 136 City annexation, required procedures .. . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . H 685 90

322 HOUSE INDEX

Bill No. Page

* Law** Adopted

Citywide ballot measures, campaign expenditures . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . *H 625 60 Community college trustees, cooperation with .. . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . *H 631 61 Emergency communications system, commission assistance .. . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . H 580 37 Engineers/surveyors, licensing, no local authority . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. *H 485 18 Fertilizer, local legislation prohibited .. . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . H 681 89 Group insurance for governmental bodies, data . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . H 834 224 Lewiston, historic preservation, license plates . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . *H 480 17 Nepotism, prior employment, merit increase/promotion .. . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . *H 586 42 Personal data, collection/dissemination by government . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . H 556 31 Public Infrastructure Improvements Distr ict, add .. . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . H 832 222 Public Infrastructure Improvements Distr ict, add .. . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . H 759 136 Records, retention, media type, disposal of duplicates . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . H 765 143 Self-funded insurance plan registration exemption .. . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. H 725 112 Soil/plant amendments, no local regulation .. . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . H 680 89 Vehicle emission testing ordinances .. . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . H 714 105CIVIL ACTIONS Antitrust action, telephone corporation, when immune .. . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . H 624 60 Filing deadlines, extension when courthouse closed .. . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . *H 643 68 Lawsuit allegations, personal liability, public employee .. . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . H 647 69 Medical examinations by unbiased physicians .. . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . H 640 68CIVIL RIGHTS Child slavery, urge action against . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . HJM 13 34 Felony conviction outside Idaho, civil rights status . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . *H 564 32 Marriage, man and woman, no other recognized .. . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . HJR 9 43 Mental patient, visits, advocacy representative .. . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . *H 579 37CODES Code of Federal Regulations, cite updated .. . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . *H 523 24 Idaho, miscellaneous codifier corrections .. . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . *H 629 61COLLEGES AND UNIVERSITIES Academic research/studies, disclosure exemption .. . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . H 797 168 Community college trustees, cooperation with .. . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . *H 631 61 Community college, out-of-district county liability . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . H 717 105 Education Bd, colleges and universities . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . *H 768 153 Education Bd, community college support . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . *H 793 167 Education Bd, medical education programs .. . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . *H 794 167 Education Bd, special programs .. . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . *H 795 167 Employee, non-state funds, PERSI members . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . H 699 97 Higher education institutions, accomplishments, future .. . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . **HCR 53 151 Idaho Promise Scholarship program eligibility, payments . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . H 713 99 Scholarship eligibility/grants, Category C students . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . H 749 126 Scholarship eligibility/grants, additional categories . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . H 804 174 Scholarship, drug/alcohol/tobacco-free category .. . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . H 830 215 Univ. of Idaho, real property disposal process . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . *H 778 154COMMERCE CAFTA/national trade agreements, economic impact . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . **HJM 18 88 Commerce Dept, additional, water management plan .. . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . *H 843 282 Dept, now Dept of Commerce & Labor .. . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . *H 607 49COMMERCIAL TRANSACTIONS Farm accessory suppliers, repurchase from dealer . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. H 817 191 Loans/credit extensions, lending limits . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . *H 524 24COMMISSIONS Athletic Com, powers and duties, boxing contests . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. *H 770 153 Dept, approp, Soil Conservation Com ... . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . *H 767 152 Emergency Communications Com created, purpose .. . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . *H 692 91 Emergency communications system, commission assistance .. . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . H 580 37 Idaho Aquaculture Com, promote aquaculture products . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . *H 836 248 Idaho Aquaculture Com, promote aquaculture products . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . H 613 54

HOUSE INDEX 323

Bill No. Page

* Law** Adopted

Industrial Com commissioner salaries increased .. . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . *H 802 174 Interstate Compact on Juveniles, repeal/reenact . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . *H 518 23 Lewiston, historic preservation, license plates . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . *H 480 17 Personnel Com, nepotism rule rejected .. . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . **HCR 46 95 Potato Com, purpose and powers amended .. . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . *H 683 90 Prune Com repealed .. . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . *H 547 30 Public Utilities Com ... . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . *H 736 116 Revenue and Taxation Dept, State Tax Com ... . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . *H 824 201COMMITTEES Commodity Indemnity Fund Advisory Com, compensation .. . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . *H 614 54 Conservators and guardians, legislative study .. . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . **HCR 50 135 Criminal sentencing & parole, legislative study .. . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . HCR 42 81 Forest Practices Advisory Comm, membership .. . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . *H 670 83 Healthy Idaho Advisory Comm created, combat obesity .. . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . H 829 215 Human Resources Review Comm created .. . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . H 595 43 Legislative health care standing committee established .. . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . HCR 52 151 Natural resources legislative study, expand .. . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . **HCR 56 271 Seed Indemnity Fund Advisory Com, compensation .. . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . *H 615 54COMMITTEES, PRIVILEGED Environmental Affairs, non-privileged committee introduction after 36th day .. . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . 104 Health and Welfare, non-privileged committee introduction after 36th day .. . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . 142 Business, non-privileged committee introduction after 36th day .. . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . 185, 240 Agricultural Affairs, non-privileged committee introduction after 36th day .. . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . 247COMMITTEES, SPECIAL Lincoln Day .. . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . 4 Memorial . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . 4COMMITTEES, STANDING Committee Changes .. . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . 4COMMODITIES Commodity Indemnity Fund Advisory Com, compensation .. . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . *H 614 54 Commodity producer lien, livestock and products . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . H 679 89CONFLICT OF INTEREST H 706, voting, pursuant to Rule 38(3), Meyer . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . 146 S 1413, voting, pursuant to Rule 38(3), Clark (excused from voting) . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . 228 S 1431, voting, pursuant to Rule 38(3), Andersen, Snodgrass, Smylie . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . 246 H 832, voting, pursuant to Rule 38(3), Gagner . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . 274CONSERVATION Agricultural land preservation tax .. . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . H 594 43 Best management conservation practices, tax credit . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . H 788 161 Dams, oppose breaching or flow augmentation .. . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . **HJM 23 182 Governor, Office of, Species Conservation .. . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . *H 715 105 Salmon survival evaluations, dam spillway passage .. . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . **HJM 27 276CONSERVATORS Conservators and guardians, legislative study .. . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . **HCR 50 135CONSTITUTIONAL AMENDMENTS Hunt/fish/trap, constitutional right . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . HJR 11 121 Income/sales tax increase, 2/3 majority vote .. . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . HJR 5 36 Land Bd, sales, increase maximum acres/purchaser . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . HJR 4 20 Legislative sessions, biennial . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . HJR 8 38 Marriage, man and woman, no other recognized .. . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . HJR 9 43 Tax increase, 2/3 majority vote required .. . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . HJR 10 62 Taxpayer' s Bill of Rights, spending limits . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . HJR 6 38 Taxpayer' s Bill of Rights, spending limits . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . HJR 7 38CONSTRUCTION Best Value in Contracting, add .. . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . H 597 44 Building codes, local enforcement . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . *H 756 136 Contractor Registration, add .. . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . H 814 191

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Modular buildings, inspections .. . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . *H 585 41 Playground equipment and materials, sales tax exemption .. . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . H 747 126 Public works, employment of Idaho residents, report . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . H 598 45CONSUMERS Federal Consumer Credit Protection Act, update cite . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . *H 522 24 Financial institutions regulation, federal and state . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . **HJM 20 104 Health care providers, notice to patients . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . H 757 136 Health, prompt claims processing/payment . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . *H 835 241 Insurance carrier web site, information posted .. . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . H 704 98 Insurance claims processing/payment, time period .. . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. H 705 98 Insurers, prompt claims processing/payment . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . H 743 121 Insurers, prompt claims processing/payment . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . H 833 224 Personal information, security breach, notify consumer .. . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . H 555 31 Telephone solicitation, "do-not-call," national list . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. *H 535 25CONTRACTORS Contractor Registration, add .. . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . H 814 191 Electrical inspectors, state/municipal, qualifications .. . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . H 525 24 Electrical, licensing exemptions, certain installations .. . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . H 672 86 Electricians, licensing requirements . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. *H 529 25 Playground equipment and materials, sales tax exemption .. . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . H 747 126CONTRACTS Best Value in Contracting, add .. . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . H 597 44 Farm accessory suppliers, repurchase from dealer . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. H 817 191 Maximum staffing levels per admission agreements . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . H 626 61 Property/service contracts, 1% tax exemption .. . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . H 543 28 Student transportation service, renewal without bids . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . *H 603 49 Vehicle terminal rental adjustment clause, effect . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . *H 540 27CONTRIBUTIONS Anatomical gifts, intent, for-profit entities . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . *H 693 91 Bribery, prohibited gifts, tours/events excepted .. . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . H 813 186 Children' s Village Inc., contributions, tax credit . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . *H 610 53 Political campaign, debts, leftover funds, uses . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . *H 777 154 Women and Children' s Alliance, donations, tax credit . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . *H 753 126CONTROLLED SUBSTANCES Compliant drug convicts, welfare assistance .. . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . *H 627 61 Drug court fees, uses, failure to pay .. . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. *H 571 35 Facility medication policies, individual dose .. . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . *H 748 126 Health care provider, offense, notice, licensing bd .. . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. *H 815 191 Misdemeanor violations, court-ordered restitution .. . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. *H 519 23 Patient Freedom of Information, amend .. . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . H 657 77 Preschool/day care, aggravating factor, drug trafficking .. . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . H 641 68 Prescription drugs, urge cheaper purchase from Canada .. . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . HJM 16 67 Scholarship eligibility/grants, Category C students . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . H 749 126 Scholarship eligibility/grants, additional categories . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . H 804 174 Scholarship, drug/alcohol/tobacco-free category .. . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . H 830 215CORONERS Sudden infant death syndrome, pathologist autopsy .. . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . H 729 116CORPORATIONS Business Corporation, amend .. . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . *H 671 83 Domestic stock insurer, amend bylaws/articles . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . *H 499 19 Insurers, domestic/foreign, certificate filing .. . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . *H 492 18CORRECTIONS Correction Dept . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . *H 784 161 Correction Dept, additional . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . *H 566 32 Earned conduct reduction of sentence, policies . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . H 591 42 Felony conviction outside Idaho, civil rights status . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . *H 564 32 Juvenile, expunging records, petition, hearing .. . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . *H 531 25

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COSMETOLOGY Cosmetology, examining assistants, compensation .. . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. *H 706 98 Instructor license, requirements revised .. . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . *H 483 17COUNCILS Beef Council terms, duties, assessments, refunds .. . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . H 807 182 Idaho State Independent Living Council created .. . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . *H 711 99COUNSELING AND COUNSELORS Pastoral counselors, licensing provisions repealed .. . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. *H 656 77 State licensing bd, continuing education rules . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . *H 552 31COUNTIES Agricultural land preservation tax .. . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . H 594 43 Agricultural property tax replacement, sales tax .. . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . *H 538 27 Boise County, western boundary description .. . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . *H 532 25 Building codes, local enforcement . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . *H 756 136 Community college trustees, cooperation with .. . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . *H 631 61 Community college, out-of-district county liability . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . H 717 105 Confined animal feeding operation, public comments . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . H 730 116 County bid opening, date/place, notice requirements . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . *H 554 31 Court fee schedule, legal forms/services .. . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . *H 644 68 Drug court fees, uses, failure to pay .. . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. *H 571 35 Elections, recall petitions, procedures .. . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . *H 559 31 Emergency communications system, commission assistance .. . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . H 580 37 Engineers/surveyors, licensing, no local authority . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. *H 485 18 Federal land right-of-way, county ordinances .. . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . H 844 282 Fertilizer, local legislation prohibited .. . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . H 681 89 Forest lands tax, application of payment . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . *H 663 78 Group insurance for governmental bodies, data . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . H 834 224 Mail ballot precincts, voting by mail . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . *H 560 32 Millennium Income Fund, tobacco programs funding .. . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . *H 783 161 Nepotism, prior employment, merit increase/promotion .. . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . *H 586 42 Personal data, collection/dissemination by government . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . H 556 31 Polling place accessibility, publish information .. . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . *H 561 32 Public Infrastructure Improvements Distr ict, add .. . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . H 832 222 Public Infrastructure Improvements Distr ict, add .. . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . H 759 136 Sheriff liability for escaped prisoner repealed .. . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . *H 588 42 Single countywide highway district, dissolution .. . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . H 578 37 Soil/plant amendments, no local regulation .. . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . H 680 89 Tax delinquency, property sale, proceeds distribution .. . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . H 600 45 Vehicle emission testing ordinances .. . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . H 714 105COURTS Bail agents, who may arrest defendants . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . H 589 42 Bail bondsman, file certificate of surrender . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . *H 587 42 Commonsense Consumption, add .. . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . *H 590 42 Court fee schedule, legal forms/services .. . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . *H 644 68 Death penalty case, victim impact information .. . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . *H 609 51 Drug court fees, uses, failure to pay .. . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. *H 571 35 False testimony, action against testifier . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . H 664 83 Filing deadlines, extension when courthouse closed .. . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . *H 643 68 Judges' retirement funds, investment policy .. . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . *H 508 21 Juvenile, expunging records, petition, hearing .. . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . *H 531 25 Misdemeanor violations, court-ordered restitution .. . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. *H 519 23 Misuse of another ' s identifying information, records .. . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . H 557 31 Paternity fraud action, child support restitution .. . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . *H 771 153 Property tax appeal, procedure, court rules . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . *H 506 20 Supreme Court rules, terms for administrative judges .. . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . *H 642 68CRIMINAL OFFENSES & PROCEDURES Bail bondsman, file certificate of surrender . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . *H 587 42

326 HOUSE INDEX

Bill No. Page

* Law** Adopted

Bribery, prohibited gifts, tours/events excepted .. . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . H 813 186 Criminal sentencing & parole, legislative study .. . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . HCR 42 81 DNA analysis, which crimes, fee restitution .. . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . *H 520 24 Day care facilities, persons not permitted on premises .. . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . H 572 35 Death penalty case, victim impact information .. . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . *H 609 51 Drug court fees, uses, failure to pay .. . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. *H 571 35 Felony conviction outside Idaho, civil rights status . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . *H 564 32 Inattentive driving, fines . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . H 513 22 Juvenile, expunging records, petition, hearing .. . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . *H 531 25 Liquor sales to persons under age 21, penalties . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . *H 751 126 Misdemeanor violations, court-ordered restitution .. . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. *H 519 23 Misuse of another ' s identifying information, records .. . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . H 557 31 Nursing license, fingerprint-based history check .. . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . *H 694 91 Optical strobe light devices, illegal use .. . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . *H 604 49 Preschool/day care, aggravating factor, drug trafficking .. . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . H 641 68 Sex offenders, day care employment prohibited .. . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . *H 727 112 Stalking, first and second degree offenses .. . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . H 573 35 Stalking, first and second degree offenses .. . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . *H 668 83 Statutory rape, penalties, repercussions .. . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . H 796 167 Threatening violence on school grounds, misdemeanor .. . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . H 667 83

-D-

DAMS Dam inspectors, every five years . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . *H 592 42 Dam, construct/enlarge, Water Resources Dept fees . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . *H 593 43 Dams, oppose breaching or flow augmentation .. . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . **HJM 23 182 Low-risk area barriers, Water Resources Dept . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . *H 635 68 Salmon survival evaluations, dam spillway passage .. . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . **HJM 27 276DAY CARE Day care facilities, persons not permitted on premises .. . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . H 572 35 Preschool/day care, aggravating factor, drug trafficking .. . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . H 641 68 Sex offenders, day care employment prohibited .. . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . *H 727 112DAYS Ronald Reagan Day, February 6th .. . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . **HCR 36 33DEAF Education Bd, Idaho School for Deaf and Blind .. . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . *H 820 194DEATH Anatomical gifts, intent, for-profit entities . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . *H 693 91 Death penalty case, victim impact information .. . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . *H 609 51 Sudden infant death syndrome, pathologist autopsy .. . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . H 729 116DEBTORS AND CREDITORS Commodity producer lien, livestock and products . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . H 679 89 Support order, levy against deferred compensation .. . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . *H 581 37 Tax deficiency, interest, liens, levy agents . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . *H 478 16 Tax delinquency, property sale, proceeds distribution .. . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . H 600 45DISABLED Conservators and guardians, legislative study .. . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . **HCR 50 135 Disability insurance, nonmanaged care plan, filing .. . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . H 675 86 Idaho State Independent Living Council created .. . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . *H 711 99 Income tax deduction, caregiver expenses paid .. . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . *H 481 17 Military retirement & disability compensation .. . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . **HJM 21 152 Property tax, additional exemption, certain owners . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . H 825 215DISASTERS Terrorist attack in Spain, commiserate . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . HJM 26 254DISEASES Cattle imported from Canada, brand and tracking chip .. . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . H 742 121

HOUSE INDEX 327

Bill No. Page

* Law** Adopted

Cattle imported from Canada, identification, penalty .. . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . H 816 191 Livestock/poultry/fish, identification, regulation .. . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . H 719 111 Livestock/poultry/fish, identify, rules, records .. . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . *H 806 182DISTRICTS Auditorium district, funds restriction, promote measures . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . H 689 91 Auditorium district, maximum tax rate . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . H 690 91 Cemetery districts, additional levy, 2/3 voter approval . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . H 746 121 City library, joining contiguous/noncontiguous district . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . H 662 78 Community college, out-of-district county liability . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . H 717 105 Highway commissioner elections, subdistrict/districtwide .. . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . H 576 36 Hospital, dissolution, winding up, termination order . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . *H 661 78 Irrigation, encroach on easement, written permission .. . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . *H 634 67 Library district budget, maximum tax .. . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . H 660 78 Local/business improvement districts, changes .. . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . H 688 90 Public Infrastructure Improvements Distr ict, add .. . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . H 759 136 Public Infrastructure Improvements Distr ict, add .. . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . H 832 222 Self-funded insurance plan registration exemption .. . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. H 725 112 Single countywide highway district, dissolution .. . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . *H 654 77 Single countywide highway district, dissolution .. . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . H 578 37 Taxing district budget increase, minimum voter turnout . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . H 809 185DOMESTIC RELATIONS Marriage, man and woman, no other recognized .. . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . HJR 9 43 Paternity fraud action, child support restitution .. . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . *H 771 153DRIVERS Driver license renewal, active duty military member .. . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . *H 752 126

-E-

EASEMENTS Federal land right-of-way, county ordinances .. . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . H 844 282 Irrigation, encroach on easement, written permission .. . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . *H 634 67 Public access, shooting preserves .. . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . H 738 116ECONOMIC DEVELOPMENT Local/business improvement districts, changes .. . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . H 688 90EDUCATION 16 year old child, school age, truancy .. . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . H 750 126 Bd, teacher standards, technology proficiency .. . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . *H 728 112 Community college, out-of-district county liability . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . H 717 105 Education Bd, Historical Society .. . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . *H 819 193 Education Bd, Idaho School for Deaf and Blind .. . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . *H 820 194 Education Bd, Office of . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . *H 801 174 Education Bd, Public Broadcasting System ... . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . *H 818 193 Education Bd, State Library Bd .. . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . *H 821 194 Education Bd, colleges and universities . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . *H 768 153 Education Bd, community college support . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . *H 793 167 Education Bd, medical education programs .. . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . *H 794 167 Education Bd, special programs .. . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . *H 795 167 Education Dept/Public Instruction Superintdt, add' l . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . *H 847 283 Education Dept/Public Instruction Superintendent . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . *H 822 201 Educational necessity levy, safety/health repealed .. . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . H 550 30 Educational support, property tax replacement, salaries . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . H 583 41 English language learners, school plans/goals/funds .. . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . *H 787 161 Higher education institutions, accomplishments, future .. . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . **HCR 53 151 Idaho Promise Scholarship program eligibility, payments . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . H 713 99 Kindergarten, age 6, compulsory attendance .. . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . H 740 121 Scholarship eligibility/grants, Category C students . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . H 749 126 Scholarship eligibility/grants, additional categories . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . H 804 174

328 HOUSE INDEX

Bill No. Page

* Law** Adopted

Scholarship, drug/alcohol/tobacco-free category .. . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . H 830 215 State licensing bd, continuing education rules . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . *H 552 31 Teacher expenses, tax deduction prohibition deleted .. . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . H 530 25 Teacher shortage, employ postretirement teacher . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . H 769 153ELECTIONS Auditorium district, funds restriction, promote measures . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . H 689 91 Citywide ballot measures, campaign expenditures . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . *H 625 60 Deceased voter, absentee ballot rejection deleted .. . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . *H 563 32 Election board, appointing student members . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . *H 562 32 Election recount results, appeal, hearing .. . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . *H 500 19 Elections, recall petitions, procedures .. . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . *H 559 31 Highway commissioner elections, subdistrict/districtwide .. . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . H 576 36 Initiatives/referendums, petition signatures, procedure .. . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . H 517 23 Mail ballot precincts, voting by mail . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . *H 560 32 Polling place accessibility, publish information .. . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . *H 561 32 School trustee recall petitions canvassing, when .. . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . *H 596 44 Statewide campaigns, unused funds, semiannual report . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . *H 811 186 Taxing district budget increase, minimum voter turnout . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . H 809 185 Voter registration information, confidential portion .. . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . *H 558 31ELECTRICITY AND ELECTRICIANS Alternative electricity generation, sales tax exemption .. . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . H 827 215 Alternative energy electricity generation, tax credit . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . H 761 142 Cattle, stray voltage protocols . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . H 779 154 Electrical inspectors, state/municipal, qualifications .. . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . H 525 24 Electrical, licensing exemptions, certain installations .. . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . H 672 86 Electricians, licensing requirements . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. *H 529 25 Operating property tax, electricity generation .. . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . *H 542 28 Salmon survival evaluations, dam spillway passage .. . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . **HJM 27 276 Utility fish mitigation costs, provide information .. . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . *H 539 27ELECTRONIC TECHNOLOGY Electronic records/signatures, safeguard policies . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . H 628 61 Household hazardous/electronic waste, recycle . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . **HCR 40 75 Insurance carrier web site, information posted .. . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . H 704 98ELEVATORS AND ESCALATORS Elevator Safety Code, add .. . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . *H 569 35EMERGENCIES Automated external defibrillator, no prescription .. . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . H 575 36 Emergency Communications Com created, purpose .. . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . *H 692 91 Emergency Medical Services Fund III, fund distribution .. . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . H 731 116 Emergency air medical services, H&W Bd rules . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . *H 697 92 Emergency communications system, commission assistance .. . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . H 580 37 Hazardous Substance Emergency Response, amend .. . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . *H 648 69 Slow vehicles on highways, requirements/exceptions .. . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . H 507 21EMINENT DOMAIN Transportation Dept, property appraisals, exemptions .. . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . *H 486 18EMPLOYERS AND EMPLOYEES Employee, non-state funds, PERSI members . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . H 699 97 Employer' s gross negligence, additional liability . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . H 545 30 Group life insurance, payment of premiums .. . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . *H 620 58 Health care provider, offense, notice, licensing bd .. . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. *H 815 191 House of Representatives, employee compensation .. . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . HR 5 2 House of Representatives, employee compensation .. . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . HR 6 13 Human Resources Review Comm created .. . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . H 595 43 Idaho Employer Support of Guard/Reserve, support . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . **HCR 45 88 Industrial Special Indemnity Fund claim, extend time .. . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . *H 533 25 Injured employee, medical services/supplies, limitations .. . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . H 673 86 Nepotism, prior employment, merit increase/promotion .. . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . *H 586 42

HOUSE INDEX 329

Bill No. Page

* Law** Adopted

New employees, additional tax credit, higher wages .. . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . *H 651 76 PERSI, survival benefits waiver by alternate payee .. . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . *H 726 112 School district employees, worker ' s compensation .. . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. *H 602 49 Sex offenders, day care employment prohibited .. . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . *H 727 112 State employee benefits, annual survey, results . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . *H 638 68 State employee compensation .. . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . **HCR 47 95 State employee salaries, temporary increase .. . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . *H 805 180 State employee salary increase, certain commissioners . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . H 630 61 State employees, holiday defined, 8 hours . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . H 639 68 Support order, levy against deferred compensation .. . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . *H 581 37 Tax withholding, filing periods, failure to pay .. . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . *H 537 26 Teacher shortage, employ postretirement teacher . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . H 769 153 Voluntary Contributions, repeal . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . H 584 41ENDOWMENT FUND AND LANDS Endowment funds, earnings reserve funds, investment . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . *H 509 21 Judges' retirement funds, investment policy .. . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . *H 508 21 Land Commissioners, Endowment Fund Investment Bd .. . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . *H 764 143ENERGY Alternative electricity generation, sales tax exemption .. . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . H 827 215 Alternative energy electricity generation, tax credit . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . H 761 142 Alternative energy generation equipment, tax credit . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . H 760 142 Idaho National Engineering/Environmental Lab, commend .. . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . **HCR 54 166 Idaho National Engineering/Environmental Lab, support . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . **HJM 22 166 Salmon survival evaluations, dam spillway passage .. . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . **HJM 27 276ENGINEERS AND SURVEYORS Engineers/Surveyors Bd, certain rules rejected .. . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . **HCR 43 82 Engineers/surveyors, licensing, no local authority . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. *H 485 18ENGLISH English language learners, school plans/goals/funds .. . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . *H 787 161ENTERTAINMENT Athletic Com, powers and duties, boxing contests . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. *H 770 153 Liquor license, premises split off from golf course .. . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . *H 645 69 Wine sample tasting events, requirements . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . *H 691 91 Wine sampling events, licensee requirements, limits . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . H 577 36ENVIRONMENT Best management conservation practices, tax credit . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . H 788 161 Confined animal feeding operation, public comments . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . H 730 116 Dams, oppose breaching or flow augmentation .. . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . **HJM 23 182 Environmental Quality Dept . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . *H 837 248 Field burning fee, $2.00 per acre .. . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . H 744 121 Field burning fee, $2.00 per acre .. . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . *H 776 154 Field burning, ' economically viable alternative' defined .. . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . H 741 121 Natural resources legislative study, expand .. . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . **HCR 56 271 Vehicle emission testing ordinances .. . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . H 714 105 Watershed advisory group approval, information release .. . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . H 544 30ESTATES Nontestamentary trust, claims against . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . H 665 83ETHICS Bribery, prohibited gifts, tours/events excepted .. . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . H 813 186 Nepotism, prior employment, merit increase/promotion .. . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . *H 586 42 Petroleum clean water fund, bd of trustees . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . *H 622 58EVIDENCE Committee testimony re: bonds, under oath .. . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . HCR 38 40 Death penalty case, victim impact information .. . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . *H 609 51 False testimony, action against testifier . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . H 664 83

330 HOUSE INDEX

Bill No. Page

* Law** Adopted

-F-

FEDERAL LAWS HIPAA, health insurance, pre-existing conditions .. . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . *H 812 186 Livestock, transportation of agricultural commodities . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . **HJM 15 53 Long-term care partnership plans, extend .. . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . **HJM 17 75 Prescription drugs, urge cheaper purchase from Canada .. . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . HJM 16 67 U.S. withdrawal from United Nations, urge .. . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . HJM 14 40 Voluntary Public Access/Habitat Incentive Program, urge .. . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . HJM 19 96FEES Controlled hunt license/application fees amended .. . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . *H 482 17 Court fee schedule, legal forms/services .. . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . *H 644 68 DNA analysis, which crimes, fee restitution .. . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . *H 520 24 Dam, construct/enlarge, Water Resources Dept fees . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . *H 593 43 Drug court fees, uses, failure to pay .. . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. *H 571 35 Education Dept/Public Instruction Superintdt, add' l . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . *H 847 283 Field burning fee, $2.00 per acre .. . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . *H 776 154 Field burning fee, $2.00 per acre .. . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . H 744 121 Hazardous waste disposal facility fees . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . *H 611 53 Idaho Aquaculture Com, promote aquaculture products . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . *H 836 248 Idaho Aquaculture Com, promote aquaculture products . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . H 613 54 Nuclear waste transportation permits, fees . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . H 676 89 Nursing assistants, licensing and fees . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . H 701 97 Outfitters/guides, increase license fees/penalties . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . *H 521 24 Social work license application/renewal fees . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . *H 605 49 Vehicle registration fees, state tax com audit . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . *H 474 14FERTILIZER Fertilizer, local legislation prohibited .. . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . H 681 89 Specialty fertilizer, analysis deviates, penalties . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . *H 548 30FINANCE Finance Dept . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . *H 735 116 Governor, Office of, Financial Management Division .. . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . *H 791 167FINES Fire marshal/district, enforcement action, finds .. . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . *H 686 90 Idaho Plumbing Bd, civil penalties authorized .. . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . *H 527 25 Outfitters/guides, increase license fees/penalties . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . *H 521 24FIRE AND FIREFIGHTERS Dept, Pest Control Deficiency Fund, approp .. . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . *H 504 20 Fire marshal/district, enforcement action, finds .. . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . *H 686 90 Pulaski Project, wildfire fighters, support . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . **HCR 39 59FISH AND GAME Agricultural land assessment, hunting/fishing rights . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . H 800 174 Controlled hunt license/application fees amended .. . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . *H 482 17 Dams, oppose breaching or flow augmentation .. . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . **HJM 23 182 Dept, season closure orders, publication .. . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . *H 623 58 Domestic cervidae, farm registration, inspection .. . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . *H 653 77 Fish and Game Dept . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . *H 721 111 Fish and Game Dept, certain rules rejected .. . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . HCR 48 120 Hunt/fish/trap, constitutional right . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . HJR 11 121 Independent insurance adjuster, depredation claims .. . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . *H 700 97 Public access, shooting preserves .. . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . H 738 116 Salmon survival evaluations, dam spillway passage .. . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . **HJM 27 276 Utility fish mitigation costs, provide information .. . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . *H 539 27 Youth/junior hunting licenses .. . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . H 574 35FOOD Agricultural equipment, not food establishment . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . *H 677 89 Commonsense Consumption, add .. . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . *H 590 42

HOUSE INDEX 331

Bill No. Page

* Law** Adopted

Grocery tax credit, refund, nonfiling individuals . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . H 582 41 H&W Dept food safety/sanitation rules rejected .. . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . **HCR 51 142 Livestock/poultry/fish, identification, regulation .. . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . H 719 111 Livestock/poultry/fish, identify, rules, records .. . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . *H 806 182FORESTS AND FORESTRY Forest Practices Advisory Comm, membership .. . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . *H 670 83 Forest lands tax, application of payment . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . *H 663 78 Pulaski Project, wildfire fighters, support . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . **HCR 39 59 Scaling practices bd, 2 meetings per year . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . H 637 68FUELS Gasoline tax exemption, all-terrain vehicles . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . *H 475 14 Special fuels, vehicle idling, no tax refund .. . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . *H 684 90FUNDS Catastrophic Health Care Cost Fund .. . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. *H 722 111 Dept, Pest Control Deficiency Fund, approp .. . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . *H 504 20 Educational support, property tax replacement, salaries . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . H 583 41 Emergency Communications Com created, purpose .. . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . *H 692 91 Emergency Medical Services Fund III, fund distribution .. . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . H 731 116 Emergency communications system, commission assistance .. . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . H 580 37 Endowment funds, earnings reserve funds, investment . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . *H 509 21 General fund expenditures, limitations .. . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . H 754 135 Hazardous Substance Emergency Response, amend .. . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . *H 648 69 Health insurance access card fund, approp .. . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . *H 724 111 Historic Preservation & Cultural Enhancement Fund .. . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . H 798 168 Independent insurance adjuster, depredation claims .. . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . *H 700 97 Industrial Special Indemnity Fund claim, extend time .. . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . *H 533 25 Land Commissioners, Endowment Fund Investment Bd .. . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . *H 764 143 Local Highway Economic Investment Fund .. . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . H 655 77 Millennium Income Fund, tobacco programs funding .. . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . *H 783 161 Petroleum clean water fund, bd of trustees . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . *H 622 58 Political campaign, debts, leftover funds, uses . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . *H 777 154 Public Health Trust Fund .. . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . *H 723 111 State Insurance, examination every five years . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . *H 488 18

-G-

GARNISHMENT Support order, levy against deferred compensation .. . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . *H 581 37GIFTS Children' s Village Inc., contributions, tax credit . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . *H 610 53GOVERNMENT Agency rules, continue in effect, exceptions .. . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . *H 772 154 Best Value in Contracting, add .. . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . H 597 44 Borah Post Office building, acquire for state use .. . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . **HCR 44 82 Bribery, prohibited gifts, tours/events excepted .. . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . H 813 186 Dept, now Dept of Commerce & Labor .. . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . *H 607 49 Employee, non-state funds, PERSI members . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . H 699 97 Endowment lands, leases, commercial purposes .. . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . *H 515 23 Group insurance for governmental bodies, data . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . H 834 224 Historic Preservation & Cultural Enhancement Fund .. . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . H 798 168 Human Resources Review Comm created .. . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . H 595 43 Idaho State Independent Living Council created .. . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . *H 711 99 Land Bd, powers, solicit bids, contract work .. . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . *H 511 21 Lawsuit allegations, personal liability, public employee .. . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . H 647 69 Nepotism, prior employment, merit increase/promotion .. . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . *H 586 42 Official acts, no personal liability . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . H 501 19 Open meetings, support, all government levels . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . HCR 35 22

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Personal data, collection/dissemination by government . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . H 556 31 Personal information, security breach, notify consumer .. . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . H 555 31 Prune Com repealed .. . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . *H 547 30 Public meetings, who must be physically present . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . *H 534 25 Public officials, PERSI retirement allowance calculation .. . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . H 831 222 State Treasurer, payment of warrants, $2,000 limit . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . *H 608 49 State employee benefits, annual survey, results . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . *H 638 68 State employee salaries, temporary increase .. . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . *H 805 180 State employees, holiday defined, 8 hours . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . H 639 68 State employees, mental illness insurance benefits . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. H 702 97 State highway contracts, lowest/best bids, appeal . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . *H 473 14 State lands, mineral interests, sales, reservations .. . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . *H 510 21 State raptor: Peregrine Falcon .. . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . *H 712 99GOVERNOR Emergency Fund Letter . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . 11 Governor' s Budget/State of the State address . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . **HCR 34 3 Governor, Office of . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . *H 790 167 Governor, Office of, Financial Management Division .. . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . *H 791 167 Governor, Office of, Human Resources Division .. . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . *H 733 116 Governor, Office of, PERSI .. . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . *H 732 116 Governor, Office of, Species Conservation .. . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . *H 715 105 Governor, Office of, appropriation transfer, exempt .. . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . *H 841 252 State of the State and Budget Message .. . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . 5GUARDIANS AND CONSERVATORS Conservators and guardians, legislative study .. . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . **HCR 50 135

-H-

HAZARDOUS SUBSTANCES Dept, Pest Control Deficiency Fund, approp .. . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . *H 504 20 Hazardous Substance Emergency Response, amend .. . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . *H 648 69 Hazardous waste disposal facility fees . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . *H 611 53 Household hazardous/electronic waste, recycle . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . **HCR 40 75 Nuclear waste transportation permits, fees . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . H 676 89HEALTH Automated external defibrillator, no prescription .. . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . H 575 36 Care insurance policies, requirements . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . *H 808 185 Care, self-funded plan, registration exemption .. . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . *H 489 18 Catastrophic Health Care Cost Fund .. . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. *H 722 111 Commonsense Consumption, add .. . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . *H 590 42 Disability insurance, nonmanaged care plan, filing .. . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . H 675 86 Group insurance for governmental bodies, data . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . H 834 224 HIPAA, health insurance, pre-existing conditions .. . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . *H 812 186 Health Facilities Authority, amend .. . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . *H 646 69 Health care provider, offense, notice, licensing bd .. . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. *H 815 191 Health care providers, notice to patients . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . H 757 136 Health insurance access card fund, approp .. . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . *H 724 111 Health, prompt claims processing/payment . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . *H 835 241 Healthy Idaho Advisory Comm created, combat obesity .. . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . H 829 215 Insurance access card program, delay implementation .. . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . H 698 92 Insurance claims processing/payment, time period .. . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. H 705 98 Insurance coverage, emergency, nonparticipating provider . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . H 710 98 Insurance, discounts for healthy weight . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . H 707 98 Insurance, eligibility, preexisting conditions .. . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . *H 803 174 Insurance, morbid obesity reduction benefits . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . H 708 98 Insurance, premium rates, restrictions .. . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . *H 619 57 Insurers, prompt claims processing/payment . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . H 833 224

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* Law** Adopted

Insurers, prompt claims processing/payment . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . H 709 98 Insurers, prompt claims processing/payment . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . H 743 121 Legislative health care standing committee established .. . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . HCR 52 151 Long-term care partnership plans, extend .. . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . **HJM 17 75 Long-term care partnership program ... . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . *H 658 78 Medicaid waiver, weight control pilot project . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . *H 696 92 Medical inhalers policy, student self-medication .. . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . *H 632 61 Patient Freedom of Information, amend .. . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . H 657 77 Prescription drugs, urge cheaper purchase from Canada .. . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . HJM 16 67 Public Health Trust Fund .. . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . *H 723 111 State employees, mental illness insurance benefits . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. H 702 97HEALTH AND WELFARE DEPT Agricultural equipment, not food establishment . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . *H 677 89 Assisted living, transform oversight process . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . **HCR 49 125 Compliant drug convicts, welfare assistance .. . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . *H 627 61 Emergency air medical services, H&W Bd rules . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . *H 697 92 H&W Dept food safety/sanitation rules rejected .. . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . **HCR 51 142 H&W Dept, assisted living facilities rules rejected .. . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . **HCR 55 182 Long-term care partnership program ... . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . *H 658 78 Medicaid service providers, rate review methodology .. . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . HCR 41 75 Medicaid waiver, weight control pilot project . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . *H 696 92HIGHWAYS Highway commissioner elections, subdistrict/districtwide .. . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . H 576 36 Livestock, transportation of agricultural commodities . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . **HJM 15 53 Local Highway Economic Investment Fund .. . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . H 655 77 Single countywide highway district, dissolution .. . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . *H 654 77 Single countywide highway district, dissolution .. . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . H 578 37 Slow-moving vehicles on highways, restrictions .. . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . *H 616 54 Slow vehicles on highways, requirements/exceptions .. . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . H 507 21 State highway contracts, lowest/best bids, appeal . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . *H 473 14HISTORICAL SITES Lewiston, historic preservation, license plates . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . *H 480 17HISTORICAL SOCIETY Education Bd, Historical Society .. . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . *H 819 193 Historic Preservation & Cultural Enhancement Fund .. . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . H 798 168 Statues/monuments, historical value, removal approval . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . H 652 76HOMES Homeowner tax exemptions, tax roll preparations .. . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. *H 516 23 Homeowner' s Association Property, add .. . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . H 758 136 Homeowners, age 70+ years, property tax exemption .. . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . H 716 105 Homes, tax exemption, taxable value increase .. . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . H 781 155 Manufactured home installer, license required .. . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . *H 568 34 Mobile Home Park Landlord Tenant, amend .. . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . *H 773 154 Mobile home park, landlord duties . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . H 612 54 Mobile, space rental cessation, notice to tenant . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . H 687 90 New manufactured housing, first year tax free .. . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . *H 649 76 Property tax exemption, cost-of-living adjustments . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . H 826 215 Property tax, additional exemption, certain owners . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . H 825 215 Property tax, improper exemption, recover tax .. . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . *H 739 117 Residential mortgage license, certain agents exempt .. . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . *H 570 35 Rulemaking, manufactured homes, dispute resolution .. . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . *H 526 24 Rural homesite, property tax exemption eligibility . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. H 599 45HOSPITALS Agricultural land, tax exemption, rate calculation .. . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . *H 477 16 Education Bd, Office of . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . *H 801 174 Health Facilities Authority, amend .. . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . *H 646 69 Hospital, dissolution, winding up, termination order . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . *H 661 78

334 HOUSE INDEX

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* Law** Adopted

Medical records, access by patient . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . H 617 54HOTELS AND MOTELS Auditorium district, maximum tax rate . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . H 690 91HOUSE OF REPRESENTATIVES House of Representatives, employee compensation .. . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . HR 5 2 House of Representatives, employee compensation .. . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . HR 6 13HUMAN RESOURCES DIVISION Governor, Office of, Human Resources Division .. . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . *H 733 116 Human Resources Review Comm created .. . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . H 595 43 Personnel Com, nepotism rule rejected .. . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . **HCR 46 95 State employee benefits, annual survey, results . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . *H 638 68 State employees, holiday defined, 8 hours . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . H 639 68

-I-

IMMUNITY Automated external defibrillator, no prescription .. . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . H 575 36INDUSTRIAL COMMISSION Industrial Com commissioner salaries increased .. . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . *H 802 174 Industrial Special Indemnity Fund claim, extend time .. . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . *H 533 25 Injured employee, medical services/supplies, limitations .. . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . H 673 86INEEL Idaho National Engineering/Environmental Lab, commend .. . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . **HCR 54 166 Idaho National Engineering/Environmental Lab, support . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . **HJM 22 166INITIATIVES AND REFERENDUMS Initiatives/referendums, petition signatures, procedure .. . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . H 517 23INSPECTORS AND INSPECTIONS Dam inspectors, every five years . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . *H 592 42 Electrical inspectors, state/municipal, qualifications .. . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . H 525 24 Elevator Safety Code, add .. . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . *H 569 35 Modular buildings, inspections .. . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . *H 585 41INSTRUCTORS Instructor license, requirements revised .. . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . *H 483 17INSURANCE Bail agents, who may arrest defendants . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . H 589 42 Bail bondsman, file certificate of surrender . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . *H 587 42 Care insurance policies, requirements . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . *H 808 185 Care, self-funded plan, registration exemption .. . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . *H 489 18 Deferred annuity, minimum nonforfeiture amounts . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . *H 496 19 Dept, document filing, place and manner . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . *H 495 19 Disability insurance, nonmanaged care plan, filing .. . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . H 675 86 Domestic stock insurer, amend bylaws/articles . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . *H 499 19 Fire marshal/district, enforcement action, finds .. . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . *H 686 90 Foreign insurers, worker' s compensation, deposit . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. *H 493 18 Group insurance for governmental bodies, data . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . H 834 224 Group life insurance, payment of premiums .. . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . *H 620 58 HIPAA, health insurance, pre-existing conditions .. . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . *H 812 186 Health care providers, notice to patients . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . H 757 136 Health insurance access card fund, approp .. . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . *H 724 111 Health, prompt claims processing/payment . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . *H 835 241 Independent insurance adjuster, depredation claims .. . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . *H 700 97 Insurance Dept . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . *H 734 116 Insurance Dept, additional . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . *H 514 22 Insurance access card program, delay implementation .. . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . H 698 92 Insurance carrier web site, information posted .. . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . H 704 98 Insurance claims processing/payment, time period .. . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. H 705 98 Insurance coverage, emergency, nonparticipating provider . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . H 710 98

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Insurance, discounts for healthy weight . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . H 707 98 Insurance, eligibility, preexisting conditions .. . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . *H 803 174 Insurance, morbid obesity reduction benefits . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . H 708 98 Insurance, premium rates, restrictions .. . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . *H 619 57 Insurer annual statements, NAIC standards .. . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . *H 497 19 Insurer certificate of authority, suspension orders . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . *H 491 18 Insurer names, deceptive/similar names not allowed .. . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . *H 494 19 Insurer premium tax liability, offset assessments . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . *H 512 21 Insurer reports, NAIC filing requirement deleted .. . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . *H 487 18 Insurers, domestic/foreign, certificate filing .. . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . *H 492 18 Insurers, prompt claims processing/payment . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . H 833 224 Insurers, prompt claims processing/payment . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . H 709 98 Insurers, prompt claims processing/payment . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . H 743 121 Long-term care partnership plans, extend .. . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . **HJM 17 75 Long-term care partnership program ... . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . *H 658 78 Long-term care, premiums, tax deduction .. . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . *H 567 32 Petroleum clean water fund, bd of trustees . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . *H 622 58 Property/casualty insurer, reciprocal insurers . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . *H 618 57 Rental cars, minimum liability coverage .. . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . H 621 58 Self-funded insurance plan registration exemption .. . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. H 725 112 State Insurance, examination every five years . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . *H 488 18 State employees, mental illness insurance benefits . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. H 702 97 Surplus lines insurance premiums tax rate reduced .. . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. *H 828 215 Surplus lines insurer, name/address changes .. . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . *H 490 18INTERNATIONAL RELATIONS CAFTA/national trade agreements, economic impact . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . **HJM 18 88 Cattle imported from Canada, brand and tracking chip .. . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . H 742 121 Cattle imported from Canada, identification, penalty .. . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . H 816 191 Prescription drugs, urge cheaper purchase from Canada .. . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . HJM 16 67 Terrorist attack in Spain, commiserate . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . HJM 26 254 U.S. withdrawal from United Nations, urge .. . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . HJM 14 40INVESTMENTS Alternative energy generation equipment, tax credit . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . H 760 142 Capital, income tax credit, benefit recapture .. . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . *H 799 174 Capital, property tax exemption, remittance distribution .. . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . H 782 155 Endowment funds, earnings reserve funds, investment . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . *H 509 21 Judges' retirement funds, investment policy .. . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . *H 508 21 Research/broadband equipment, extend tax credit . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . *H 536 26 Support order, levy against deferred compensation .. . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . *H 581 37IRRIGATION Ditch/canal, diverted water, appropriator' s property .. . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . *H 745 121 Irrigation, encroach on easement, written permission .. . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . *H 634 67 Rights, consumptive use not an element . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . *H 636 68

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JUDGES Judges' retirement funds, investment policy .. . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . *H 508 21 Supreme Court rules, terms for administrative judges .. . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . *H 642 68JUVENILES 16 year old child, school age, truancy .. . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . H 750 126 Children' s Village Inc., contributions, tax credit . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . *H 610 53 Interstate Compact on Juveniles, repeal/reenact . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . *H 518 23 Juvenile, expunging records, petition, hearing .. . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . *H 531 25 Liquor sales to persons under age 21, penalties . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . *H 751 126 Sex offenders, day care employment prohibited .. . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . *H 727 112

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Statutory rape, penalties, repercussions .. . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . H 796 167 Youth/junior hunting licenses .. . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . H 574 35

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LABOR Dept, now Dept of Commerce & Labor .. . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . *H 607 49 Employer' s gross negligence, additional liability . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . H 545 30 Group life insurance, payment of premiums .. . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . *H 620 58 Industrial Special Indemnity Fund claim, extend time .. . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . *H 533 25 Public works, employment of Idaho residents, report . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . H 598 45 Voluntary Contributions, repeal . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . H 584 41LAND USE City annexation, required procedures .. . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . H 685 90 Confined animal feeding operation, public comments . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . H 730 116LANDLORDS AND TENANTS Agricultural land tax, property leases, terms .. . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . H 541 28 Mobile Home Park Landlord Tenant, amend .. . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . *H 773 154 Mobile home park, landlord duties . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . H 612 54 Mobile, space rental cessation, notice to tenant . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . H 687 90LANDS Agricultural land assessment, hunting/fishing rights . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . H 800 174 Agricultural land preservation tax .. . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . H 594 43 City annexation, required procedures .. . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . H 685 90 Dept, contested case hearings, exceptions .. . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . *H 669 83 Endowment lands, leases, commercial purposes .. . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . *H 515 23 Federal land right-of-way, county ordinances .. . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . H 844 282 Forest Practices Advisory Comm, membership .. . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . *H 670 83 Forest lands tax, application of payment . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . *H 663 78 Land Bd, powers, solicit bids, contract work .. . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . *H 511 21 Land Bd, sales, increase maximum acres/purchaser . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . HJR 4 20 Land Commissioners, Endowment Fund Investment Bd .. . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . *H 764 143 Lands Dept . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . *H 766 152 Public access, shooting preserves .. . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . H 738 116 State lands, mineral interests, sales, reservations .. . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . *H 510 21 State, sale of mineral estate . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . *H 755 136 Surveys, what records shall show ... . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . *H 484 17 Univ. of Idaho, real property disposal process . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . *H 778 154 Voluntary Public Access/Habitat Incentive Program, urge .. . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . HJM 19 96LANGUAGES English language learners, school plans/goals/funds .. . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . *H 787 161LAW ENFORCEMENT Idaho State Police .. . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . *H 737 116 Misuse of another ' s identifying information, records .. . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . H 557 31LEASES Agricultural land tax, property leases, terms .. . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . H 541 28 Endowment lands, leases, commercial purposes .. . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . *H 515 23 Mobile Home Park Landlord Tenant, amend .. . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . *H 773 154 Mobile home park, landlord duties . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . H 612 54 Mobile, space rental cessation, notice to tenant . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . H 687 90 Rental cars, minimum liability coverage .. . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . H 621 58 Vehicle terminal rental adjustment clause, effect . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . *H 540 27LEGISLATURE Appropriations legislation amending statutes, 2/3 vote .. . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . HCR 37 39 Committee testimony re: bonds, under oath .. . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . HCR 38 40 Governor' s Budget/State of the State address . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . **HCR 34 3 Income/sales tax increase, 2/3 majority vote .. . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . HJR 5 36

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Bill No. Page

* Law** Adopted

Legislative health care standing committee established .. . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . HCR 52 151 Legislative sessions, biennial . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . HJR 8 38 Tax increase, 2/3 majority vote required .. . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . HJR 10 62LIABILITY Antitrust action, telephone corporation, when immune .. . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . H 624 60 Automated external defibrillator, no prescription .. . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . H 575 36 Commonsense Consumption, add .. . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . *H 590 42 Employer' s gross negligence, additional liability . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . H 545 30 Health care provider, offense, notice, licensing bd .. . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. *H 815 191 Lawsuit allegations, personal liability, public employee .. . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . H 647 69 Official acts, no personal liability . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . H 501 19 Petroleum clean water fund, bd of trustees . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . *H 622 58 Rental cars, minimum liability coverage .. . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . H 621 58LIBRARIES AND LIBRARIANS City library, joining contiguous/noncontiguous district . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . H 662 78 Education Bd, State Library Bd .. . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . *H 821 194 Library district budget, maximum tax .. . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . H 660 78LICENSES Contractor Registration, add .. . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . H 814 191 Controlled hunt license/application fees amended .. . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . *H 482 17 Cosmetology, examining assistants, compensation .. . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. *H 706 98 Driver license renewal, active duty military member .. . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . *H 752 126 Electrical, licensing exemptions, certain installations .. . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . H 672 86 Electricians, licensing requirements . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. *H 529 25 Elevator Safety Code, add .. . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . *H 569 35 Engineers/surveyors, licensing, no local authority . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. *H 485 18 Health care provider, offense, notice, licensing bd .. . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. *H 815 191 Idaho Plumbing Bd, civil penalties authorized .. . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . *H 527 25 Instructor license, requirements revised .. . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . *H 483 17 Insurer certificate of authority, suspension orders . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . *H 491 18 Liquor license, premises split off from golf course .. . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . *H 645 69 Manufactured home installer, license required .. . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . *H 568 34 Naturopathic Physicians Licensing, add .. . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . H 695 91 Nurses, license renewal, peer review process . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . *H 659 78 Nursing assistants, licensing and fees . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . H 701 97 Nursing license, fingerprint-based history check .. . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . *H 694 91 Occupational Licenses Bureau, authority, violations .. . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . H 498 19 Outfitters/guides, increase license fees/penalties . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . *H 521 24 Pastoral counselors, licensing provisions repealed .. . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. *H 656 77 Patient Freedom of Information, amend .. . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . H 657 77 Plumbers, certificate renewal, staggered schedule .. . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. *H 528 25 Psychologists, revocation for rule violations .. . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . *H 551 31 Residential mortgage license, certain agents exempt .. . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . *H 570 35 Seed dealer' s license exemption, certain sales . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . *H 549 30 Social work license application/renewal fees . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . *H 605 49 State licensing bd, continuing education rules . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . *H 552 31 Transportation Dept, property appraisals, exemptions .. . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . *H 486 18 Wine sample tasting events, requirements . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . *H 691 91 Wine sampling events, licensee requirements, limits . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . H 577 36 Youth/junior hunting licenses .. . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . H 574 35LIENS Commodity producer lien, livestock and products . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . H 679 89 Commodity producer or dealer liens .. . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. H 775 154 Homeowner' s Association Property, add .. . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . H 758 136LINCOLN DAY Program ... . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . 80

338 HOUSE INDEX

Bill No. Page

* Law** Adopted

LIQUOR Liquor license, premises split off from golf course .. . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . *H 645 69 Liquor sales to persons under age 21, penalties . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . *H 751 126 Scholarship eligibility/grants, Category C students . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . H 749 126 Scholarship eligibility/grants, additional categories . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . H 804 174 Scholarship, drug/alcohol/tobacco-free category .. . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . H 830 215 Wine sample tasting events, requirements . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . *H 691 91 Wine sampling events, licensee requirements, limits . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . H 577 36LITIGATION Commonsense Consumption, add .. . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . *H 590 42 Educational necessity levy, safety/health repealed .. . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . H 550 30 False testimony, action against testifier . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . H 664 83 Lawsuit allegations, personal liability, public employee .. . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . H 647 69 Medical examinations by unbiased physicians .. . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . H 640 68 Official acts, no personal liability . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . H 501 19LIVESTOCK Beef Council terms, duties, assessments, refunds .. . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . H 807 182 Cattle imported from Canada, brand and tracking chip .. . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . H 742 121 Cattle imported from Canada, identification, penalty .. . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . H 816 191 Cattle, stray voltage protocols . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . H 779 154 Commodity producer lien, livestock and products . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . H 679 89 Confined animal feeding operation, public comments . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . H 730 116 Livestock/poultry/fish, identification, regulation .. . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . H 719 111 Livestock/poultry/fish, identify, rules, records .. . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . *H 806 182 Nutrient management plan, location of copies . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . *H 682 89 Vicious dogs, attacks domestic animals, destruction .. . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . H 666 83LOANS Loans/credit extensions, lending limits . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . *H 524 24 Residential mortgage license, certain agents exempt .. . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . *H 570 35LOTTERY, STATE Income tax deduction, caregiver expenses paid .. . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . *H 481 17

-M-

MARKETING Cooperative marketing assns, incorporation articles . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . *H 546 30 Potato Com, purpose and powers amended .. . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . *H 683 90MARRIAGE Marriage, man and woman, no other recognized .. . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . HJR 9 43MEDICAL Anatomical gifts, intent, for-profit entities . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . *H 693 91 Automated external defibrillator, no prescription .. . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . H 575 36 Commonsense Consumption, add .. . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . *H 590 42 Education Bd, medical education programs .. . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . *H 794 167 Emergency Medical Services Fund III, fund distribution .. . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . H 731 116 Emergency air medical services, H&W Bd rules . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . *H 697 92 H&W Dept, assisted living facilities rules rejected .. . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . **HCR 55 182 HIPAA, health insurance, pre-existing conditions .. . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . *H 812 186 Health care provider, offense, notice, licensing bd .. . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. *H 815 191 Injured employee, medical services/supplies, limitations .. . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . H 673 86 Insurance access card program, delay implementation .. . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . H 698 92 Insurance coverage, emergency, nonparticipating provider . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . H 710 98 Insurance, eligibility, preexisting conditions .. . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . *H 803 174 Insurance, premium rates, restrictions .. . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . *H 619 57 Long-term care partnership plans, extend .. . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . **HJM 17 75 Long-term care partnership program ... . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . *H 658 78 Medicaid service providers, rate review methodology .. . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . HCR 41 75

HOUSE INDEX 339

Bill No. Page

* Law** Adopted

Medicaid waiver, weight control pilot project . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . *H 696 92 Medical examinations by unbiased physicians .. . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . H 640 68 Medical inhalers policy, student self-medication .. . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . *H 632 61 Medical records, access by patient . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . H 617 54 Naturopathic Physicians Licensing, add .. . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . H 695 91 Nurses, license renewal, peer review process . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . *H 659 78 Patient Freedom of Information, amend .. . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . H 657 77 Prescription drugs, urge cheaper purchase from Canada .. . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . HJM 16 67 State employees, mental illness insurance benefits . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. H 702 97 Worker' s compensation evaluation, qualified physician .. . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . H 674 86MEETINGS, PUBLIC Committee testimony re: bonds, under oath .. . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . HCR 38 40 Confined animal feeding operation, public comments . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . H 730 116 Open meetings, support, all government levels . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . HCR 35 22 Public meetings, who must be physically present . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . *H 534 25MEMORIAL SERVICE Program ... . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . 93 James A. (Jim) Leese .. . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . 93 Marion “Swede” Davidson .. . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . 93 Gary Paxman .. . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . 93 Angus Condie .. . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . 93 Hamer “Judge” Budge .. . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . 94 Peggy Bunting Orme .. . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . 94MEMORIALS CAFTA/national trade agreements, economic impact . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . **HJM 18 88 Child slavery, urge action against . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . HJM 13 34 Dams, oppose breaching or flow augmentation .. . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . **HJM 23 182 Financial institutions regulation, federal and state . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . **HJM 20 104 Idaho National Engineering/Environmental Lab, support . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . **HJM 22 166 Livestock, transportation of agricultural commodities . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . **HJM 15 53 Long-term care partnership plans, extend .. . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . **HJM 17 75 Military retirement & disability compensation .. . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . **HJM 21 152 Nursing facility reviews, Medicare/Medicaid .. . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . **HJM 25 221 Prescription drugs, urge cheaper purchase from Canada .. . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . HJM 16 67 Salmon survival evaluations, dam spillway passage .. . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . **HJM 27 276 Terrorist attack in Spain, commiserate . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . HJM 26 254 U.S. withdrawal from United Nations, urge .. . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . HJM 14 40 Voluntary Public Access/Habitat Incentive Program, urge .. . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . HJM 19 96 Water supply enhancement projects, support . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . **HJM 24 183MENTAL HEALTH Mental patient, visits, advocacy representative .. . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . *H 579 37MENTAL ILLNESS State employees, mental illness insurance benefits . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. H 702 97MILITARY AND MILITIA Driver license renewal, active duty military member .. . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . *H 752 126 Hazardous Substance Emergency Response, amend .. . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . *H 648 69 Idaho Employer Support of Guard/Reserve, support . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . **HCR 45 88 Military retirement & disability compensation .. . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . **HJM 21 152MINES AND MINING Dam inspectors, every five years . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . *H 592 42 Dam, construct/enlarge, Water Resources Dept fees . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . *H 593 43 State lands, mineral interests, sales, reservations .. . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . *H 510 21 State, sale of mineral estate . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . *H 755 136MOBILE HOMES Mobile, space rental cessation, notice to tenant . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . H 687 90MONEY Commemorative medallions, promotion by Treasurer . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . *H 845 282

340 HOUSE INDEX

Bill No. Page

* Law** Adopted

State Treasurer, payment of warrants, $2,000 limit . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . *H 608 49 Unclaimed, filing deadlines, value threshold .. . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . *H 479 16MONUMENTS Statues/monuments, historical value, removal approval . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . H 652 76MORTGAGES Code of Federal Regulations, cite updated .. . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . *H 523 24 Residential mortgage license, certain agents exempt .. . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . *H 570 35MOTOR VEHICLES Driver license renewal, active duty military member .. . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . *H 752 126 Gasoline tax exemption, all-terrain vehicles . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . *H 475 14 Inattentive driving, fines . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . H 513 22 Lewiston, historic preservation, license plates . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . *H 480 17 Optical strobe light devices, illegal use .. . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . *H 604 49 Rental cars, minimum liability coverage .. . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . H 621 58 Slow-moving vehicles on highways, restrictions .. . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . *H 616 54 Slow vehicles on highways, requirements/exceptions .. . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . H 507 21 Special fuels, vehicle idling, no tax refund .. . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . *H 684 90 Vehicle emission testing ordinances .. . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . H 714 105 Vehicle registration fees, state tax com audit . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . *H 474 14 Vehicle terminal rental adjustment clause, effect . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . *H 540 27MULTISTATE COMPACT AND AGREEMENTS Interstate Compact on Juveniles, repeal/reenact . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . *H 518 23

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NATURAL RESOURCES Best management conservation practices, tax credit . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . H 788 161 Natural resources legislative study, expand .. . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . **HCR 56 271NUCLEAR WASTES Nuclear waste transportation permits, fees . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . H 676 89NURSING AND NURSES Facility medication policies, individual dose .. . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . *H 748 126 Health care provider, offense, notice, licensing bd .. . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. *H 815 191 Nurses, license renewal, peer review process . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . *H 659 78 Nursing assistants, licensing and fees . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . H 701 97 Nursing facility reviews, Medicare/Medicaid .. . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . **HJM 25 221 Nursing license, fingerprint-based history check .. . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . *H 694 91 Self-Governing Agencies, additional, Medical Bds .. . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. *H 839 252

-O-

OCCUPATIONAL LICENCES BUREAU Occupational Licenses Bureau, authority, violations .. . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . H 498 19 Self-Governing Agencies Dept, additional . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . *H 840 252ORGAN DONATIONS Anatomical gifts, intent, for-profit entities . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . *H 693 91OUTFITTERS AND GUIDES Outfitters/guides, increase license fees/penalties . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . *H 521 24

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PAGES Approved .. . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . 12, 95 Oath of Office .. . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . 12, 95PARDONS AND PAROLE Criminal sentencing & parole, legislative study .. . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . HCR 42 81

HOUSE INDEX 341

Bill No. Page

* Law** Adopted

Felony conviction outside Idaho, civil rights status . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . *H 564 32 Sex offenders, day care employment prohibited .. . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . *H 727 112PARENTS 16 year old child, school age, truancy .. . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . H 750 126 Grocery tax credit, refund, nonfiling individuals . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . H 582 41 Paternity fraud action, child support restitution .. . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . *H 771 153 Support order, levy against deferred compensation .. . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . *H 581 37PARKS AND RECREATION Parks and Recreation Dept . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . *H 718 111 Playground equipment and materials, sales tax exemption .. . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . H 747 126 State parks, Earl M. Hardy nature preserve .. . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . *H 774 154PESTS AND PESTICIDES Crop management area, petitioners . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . *H 678 89 Dept, Pest Control Deficiency Fund, approp .. . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . *H 504 20PHYSICIANS AND SURGEONS Health care provider, offense, notice, licensing bd .. . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. *H 815 191 Health care providers, notice to patients . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . H 757 136 Insurance coverage, emergency, nonparticipating provider . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . H 710 98 Medical examinations by unbiased physicians .. . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . H 640 68 Medical records, access by patient . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . H 617 54 Naturopathic Physicians Licensing, add .. . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . H 695 91 Nurses, license renewal, peer review process . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . *H 659 78 Sudden infant death syndrome, pathologist autopsy .. . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . H 729 116 Worker' s compensation evaluation, qualified physician .. . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . H 674 86PLANNING AND ZONING City annexation, required procedures .. . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . H 685 90 Confined animal feeding operation, public comments . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . H 730 116PLUMBING AND PLUMBERS Idaho Plumbing Bd, civil penalties authorized .. . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . *H 527 25 Plumbers, certificate renewal, staggered schedule .. . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. *H 528 25POLICE, IDAHO STATE DNA analysis, which crimes, fee restitution .. . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . *H 520 24 Idaho State Police .. . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . *H 737 116 Idaho State Police, additional . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . *H 565 32 Nursing license, fingerprint-based history check .. . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . *H 694 91POLITICAL PARTIES Voluntary Contributions, repeal . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . H 584 41POLLUTION Field burning fee, $2.00 per acre .. . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . *H 776 154 Field burning fee, $2.00 per acre .. . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . H 744 121 Field burning, ' economically viable alternative' defined .. . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . H 741 121 Vehicle emission testing ordinances .. . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . H 714 105POPULAR NAMES OF ACTS Commonsense Consumption, add .. . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . *H 590 42 Taxpayer' s Bill of Rights, spending limits . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . HJR 6 38 Taxpayer' s Bill of Rights, spending limits . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . HJR 7 38PRESCRIPTIONS Facility medication policies, individual dose .. . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . *H 748 126 H&W Dept, assisted living facilities rules rejected .. . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . **HCR 55 182 Medicaid waiver, weight control pilot project . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . *H 696 92 Prescription drugs, urge cheaper purchase from Canada .. . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . HJM 16 67PRISONS AND PRISONERS Earned conduct reduction of sentence, policies . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . H 591 42 Felony conviction outside Idaho, civil rights status . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . *H 564 32 Sheriff liability for escaped prisoner repealed .. . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . *H 588 42PRIVACY Misuse of another ' s identifying information, records .. . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . H 557 31

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Personal data, collection/dissemination by government . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . H 556 31 Personal information, security breach, notify consumer .. . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . H 555 31PROFESSIONS Cosmetology, examining assistants, compensation .. . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. *H 706 98 Electrical, licensing exemptions, certain installations .. . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . H 672 86 Electricians, licensing requirements . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. *H 529 25 Nurses, license renewal, peer review process . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . *H 659 78 Nursing assistants, licensing and fees . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . H 701 97 Occupational Licenses Bureau, authority, violations .. . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . H 498 19 Pastoral counselors, licensing provisions repealed .. . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. *H 656 77 Patient Freedom of Information, amend .. . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . H 657 77PROGRAMS Lincoln Day .. . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . 80 Memorial . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . 93PROPERTY Agricultural land preservation tax .. . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . H 594 43 Agricultural land tax, property leases, terms .. . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . H 541 28 Agricultural land, tax exemption, rate calculation .. . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . *H 477 16 Alternative electricity generation, sales tax exemption .. . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . H 827 215 Alternative energy generation equipment, tax credit . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . H 760 142 Borah Post Office building, acquire for state use .. . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . **HCR 44 82 Capital, income tax credit, benefit recapture .. . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . *H 799 174 City annexation, required procedures .. . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . H 685 90 Depreciable property adjusted basis, changes .. . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . *H 720 111 Endowment lands, leases, commercial purposes .. . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . *H 515 23 Federal land right-of-way, county ordinances .. . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . H 844 282 Homeowner tax exemptions, tax roll preparations .. . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. *H 516 23 Homeowner' s Association Property, add .. . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . H 758 136 Irrigation, encroach on easement, written permission .. . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . *H 634 67 Land Bd, sales, increase maximum acres/purchaser . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . HJR 4 20 Nontestamentary trust, claims against . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . H 665 83 Operating property tax, electricity generation .. . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . *H 542 28 Property sales, disclose price to county assessor . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . H 650 76 Property tax exemption, cost-of-living adjustments . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . H 826 215 Property tax, improper exemption, recover tax .. . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . *H 739 117 Property/service contracts, 1% tax exemption .. . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . H 543 28 Rural homesite, property tax exemption eligibility . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. H 599 45 State lands, mineral interests, sales, reservations .. . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . *H 510 21 State, sale of mineral estate . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . *H 755 136 Tax delinquency, property sale, proceeds distribution .. . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . H 600 45 Transportation Dept, property appraisals, exemptions .. . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . *H 486 18 UCC, farm equipment/accessories, dealer agreements . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . H 703 97 Unclaimed, filing deadlines, value threshold .. . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . *H 479 16 Univ. of Idaho, real property disposal process . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . *H 778 154PSYCHOLOGY AND PSYCHOLOGISTS Psychologists, revocation for rule violations .. . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . *H 551 31PUBLIC ASSISTANCE Compliant drug convicts, welfare assistance .. . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . *H 627 61 Insurance access card program, delay implementation .. . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . H 698 92 Medicaid service providers, rate review methodology .. . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . HCR 41 75 Medicaid waiver, weight control pilot project . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . *H 696 92 Nursing facility reviews, Medicare/Medicaid .. . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . **HJM 25 221PUBLIC BROADCASTING Education Bd, Public Broadcasting System ... . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . *H 818 193PUBLIC OFFICERS Bribery, prohibited gifts, tours/events excepted .. . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . H 813 186

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Bill No. Page

* Law** Adopted

Nepotism, prior employment, merit increase/promotion .. . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . *H 586 42 Public officials, PERSI retirement allowance calculation .. . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . H 831 222PUBLIC WORKS Approp, additional . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . *H 838 252 Best Value in Contracting, add .. . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . H 597 44 Public works, employment of Idaho residents, report . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . H 598 45PUBLICATIONS County bid opening, date/place, notice requirements . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . *H 554 31 Dept, season closure orders, publication .. . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . *H 623 58PURCHASING Borah Post Office building, acquire for state use .. . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . **HCR 44 82

-R-

REAL ESTATE Code of Federal Regulations, cite updated .. . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . *H 523 24 Homeowner' s Association Property, add .. . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . H 758 136 State, sale of mineral estate . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . *H 755 136 Transportation Dept, property appraisals, exemptions .. . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . *H 486 18RECONSIDERATION Notice served for reconsideration of H 502 .. . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. 100 Motion for reconsideration of H 502 .. . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . 102 Notice served for reconsideration of S 1281 .. . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . 220 Time expired for reconsideration of S 1281 .. . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . 221RECORDS Academic research/studies, disclosure exemption .. . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . H 797 168 Electronic records/signatures, safeguard policies . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . H 628 61 Insurance carrier web site, information posted .. . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . H 704 98 Juvenile, expunging records, petition, hearing .. . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . *H 531 25 Livestock/poultry/fish, identify, rules, records .. . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . *H 806 182 Medical records, access by patient . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . H 617 54 Patient Freedom of Information, amend .. . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . H 657 77 Personal data, collection/dissemination by government . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . H 556 31 Records, retention, media type, disposal of duplicates . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . H 765 143 Surveys, what records shall show ... . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . *H 484 17 Voter registration information, confidential portion .. . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . *H 558 31RECREATION Athletic Com, powers and duties, boxing contests . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. *H 770 153 Voluntary Public Access/Habitat Incentive Program, urge .. . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . HJM 19 96RECYCLING Household hazardous/electronic waste, recycle . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . **HCR 40 75RESOLUTIONS House of Representatives, employee compensation .. . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . HR 6 13 House of Representatives, employee compensation .. . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . HR 5 2RESOLUTIONS, CONCURRENT Appropriations legislation amending statutes, 2/3 vote .. . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . HCR 37 39 Assisted living, transform oversight process . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . **HCR 49 125 Borah Post Office building, acquire for state use .. . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . **HCR 44 82 Committee testimony re: bonds, under oath .. . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . HCR 38 40 Conservators and guardians, legislative study .. . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . **HCR 50 135 Criminal sentencing & parole, legislative study .. . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . HCR 42 81 Engineers/Surveyors Bd, certain rules rejected .. . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . **HCR 43 82 Fish and Game Dept, certain rules rejected .. . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . HCR 48 120 Governor' s Budget/State of the State address . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . **HCR 34 3 H&W Dept food safety/sanitation rules rejected .. . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . **HCR 51 142 H&W Dept, assisted living facilities rules rejected .. . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . **HCR 55 182 Higher education institutions, accomplishments, future .. . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . **HCR 53 151

344 HOUSE INDEX

Bill No. Page

* Law** Adopted

Household hazardous/electronic waste, recycle . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . **HCR 40 75 Idaho Employer Support of Guard/Reserve, support . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . **HCR 45 88 Idaho National Engineering/Environmental Lab, commend .. . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . **HCR 54 166 Legislative health care standing committee established .. . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . HCR 52 151 Medicaid service providers, rate review methodology .. . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . HCR 41 75 Natural resources legislative study, expand .. . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . **HCR 56 271 Open meetings, support, all government levels . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . HCR 35 22 Personnel Com, nepotism rule rejected .. . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . **HCR 46 95 Pulaski Project, wildfire fighters, support . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . **HCR 39 59 Ronald Reagan Day, February 6th .. . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . **HCR 36 33 State employee compensation .. . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . **HCR 47 95RESOLUTIONS, JOINT Hunt/fish/trap, constitutional right . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . HJR 11 121 Income/sales tax increase, 2/3 majority vote .. . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . HJR 5 36 Land Bd, sales, increase maximum acres/purchaser . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . HJR 4 20 Legislative sessions, biennial . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . HJR 8 38 Marriage, man and woman, no other recognized .. . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . HJR 9 43 Tax increase, 2/3 majority vote required .. . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . HJR 10 62 Taxpayer' s Bill of Rights, spending limits . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . HJR 6 38 Taxpayer' s Bill of Rights, spending limits . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . HJR 7 38RETIREMENT Employee, non-state funds, PERSI members . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . H 699 97 Governor, Office of, PERSI .. . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . *H 732 116 Judges' retirement funds, investment policy .. . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . *H 508 21 Military retirement & disability compensation .. . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . **HJM 21 152 PERSI, survival benefits waiver by alternate payee .. . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . *H 726 112 Public officials, PERSI retirement allowance calculation .. . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . H 831 222RIGHT OF WAY Federal land right-of-way, county ordinances .. . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . H 844 282RIVERS Snake River, artificial oxbow channel . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . H 606 49RULES Agency rules, continue in effect, exceptions .. . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . *H 772 154 Appropriations legislation amending statutes, 2/3 vote .. . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . HCR 37 39 Bd, teacher standards, technology proficiency .. . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . *H 728 112 Committee testimony re: bonds, under oath .. . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . HCR 38 40 Emergency air medical services, H&W Bd rules . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . *H 697 92 Engineers/Surveyors Bd, certain rules rejected .. . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . **HCR 43 82 Fish and Game Dept, certain rules rejected .. . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . HCR 48 120 H&W Dept food safety/sanitation rules rejected .. . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . **HCR 51 142 H&W Dept, assisted living facilities rules rejected .. . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . **HCR 55 182 Legislative health care standing committee established .. . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . HCR 52 151 Personnel Com, nepotism rule rejected .. . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . **HCR 46 95 Property tax appeal, procedure, court rules . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . *H 506 20 Psychologists, revocation for rule violations .. . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . *H 551 31 Rulemaking, manufactured homes, dispute resolution .. . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . *H 526 24 State licensing bd, continuing education rules . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . *H 552 31 Supreme Court rules, terms for administrative judges .. . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . *H 642 68RULES, HOUSE Rule 20 waived .. . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . 120

-S-

SAFETY Cattle, stray voltage protocols . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . H 779 154 Educational necessity levy, safety/health repealed .. . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . H 550 30

HOUSE INDEX 345

Bill No. Page

* Law** Adopted

Optical strobe light devices, illegal use .. . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . *H 604 49 Slow vehicles on highways, requirements/exceptions .. . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . H 507 21SALARIES House of Representatives, employee compensation .. . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . HR 5 2SALES Beef Council terms, duties, assessments, refunds .. . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . H 807 182 Blind Services Foundation, Inc. , sales tax exemption .. . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . *H 601 45 CAFTA/national trade agreements, economic impact . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . **HJM 18 88 Commodity producer or dealer liens .. . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. H 775 154 Commonsense Consumption, add .. . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . *H 590 42 Cooperative marketing assns, incorporation articles . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . *H 546 30 Farm accessory suppliers, repurchase from dealer . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. H 817 191 Idaho Aquaculture Com, promote aquaculture products . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . *H 836 248 Idaho Aquaculture Com, promote aquaculture products . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . H 613 54 Land Bd, sales, increase maximum acres/purchaser . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . HJR 4 20 Liquor license, premises split off from golf course .. . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . *H 645 69 Liquor sales to persons under age 21, penalties . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . *H 751 126 Potato Com, purpose and powers amended .. . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . *H 683 90 Property sales, disclose price to county assessor . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . H 650 76 Property/service contracts, 1% tax exemption .. . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . H 543 28 Seed dealer' s license exemption, certain sales . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . *H 549 30 State lands, mineral interests, sales, reservations .. . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . *H 510 21 State, sale of mineral estate . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . *H 755 136 Tax delinquency, property sale, proceeds distribution .. . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . H 600 45 Telephone solicitation, "do-not-call," national list . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. *H 535 25 UCC, farm equipment/accessories, dealer agreements . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . H 703 97 Univ. of Idaho, real property disposal process . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . *H 778 154 Vehicle terminal rental adjustment clause, effect . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . *H 540 27 Veterans service organizations, sales tax exemptions .. . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . H 810 185SCHOLARSHIPS Idaho Promise Scholarship program eligibility, payments . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . H 713 99 Scholarship eligibility/grants, Category C students . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . H 749 126 Scholarship eligibility/grants, additional categories . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . H 804 174 Scholarship, drug/alcohol/tobacco-free category .. . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . H 830 215SCHOOLS AND SCHOOL DISTRICTS 16 year old child, school age, truancy .. . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . H 750 126 Agricultural property tax replacement, sales tax .. . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . *H 538 27 Bond levy equalization support, prior projects . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . *H 780 155 Community college trustees, cooperation with .. . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . *H 631 61 Education Bd, Idaho School for Deaf and Blind .. . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . *H 820 194 Education Dept/Public Instruction Superintdt, add' l . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . *H 847 283 Educational necessity levy, safety/health repealed .. . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . H 550 30 Educational support, property tax replacement, salaries . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . H 583 41 English language learners, school plans/goals/funds .. . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . *H 787 161 Group insurance for governmental bodies, data . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . H 834 224 Healthy Idaho Advisory Comm created, combat obesity .. . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . H 829 215 Kindergarten, age 6, compulsory attendance .. . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . H 740 121 Medical inhalers policy, student self-medication .. . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . *H 632 61 Playground equipment and materials, sales tax exemption .. . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . H 747 126 Property tax replacement, maximum cap deleted .. . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . H 476 16 School district employees, worker ' s compensation .. . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. *H 602 49 School trustee recall petitions canvassing, when .. . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . *H 596 44 Self-funded insurance plan registration exemption .. . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. H 725 112 Student transportation service, renewal without bids . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . *H 603 49 Teacher shortage, employ postretirement teacher . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . H 769 153 Threatening violence on school grounds, misdemeanor .. . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . H 667 83

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SCIENCE AND TECHNOLOGY Bd, teacher standards, technology proficiency .. . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . *H 728 112 Idaho National Engineering/Environmental Lab, commend .. . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . **HCR 54 166 Idaho National Engineering/Environmental Lab, support . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . **HJM 22 166SECRETARY OF STATE Business Corporation, amend .. . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . *H 671 83 Elections, recall petitions, procedures .. . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . *H 559 31SECURITY Terrorist attack in Spain, commiserate . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . HJM 26 254SELF-GOVERNING AGENCIES Idaho Aquaculture Com, promote aquaculture products . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . H 613 54 Idaho Aquaculture Com, promote aquaculture products . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . *H 836 248 Self-Governing Agencies Dept . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . *H 762 142 Self-Governing Agencies Dept, additional . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . *H 840 252 Self-Governing Agencies, additional, Medical Bds .. . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. *H 839 252SENIOR CITIZENS Conservators and guardians, legislative study .. . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . **HCR 50 135 Facility medication policies, individual dose .. . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . *H 748 126 Homeowners, age 70+ years, property tax exemption .. . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . H 716 105 Long-term care partnership plans, extend .. . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . **HJM 17 75 Long-term care partnership program ... . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . *H 658 78 Maximum staffing levels per admission agreements . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . H 626 61 Property tax, additional exemption, certain owners . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . H 825 215SENTENCING Criminal sentencing & parole, legislative study .. . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . HCR 42 81 Death penalty case, victim impact information .. . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . *H 609 51 Earned conduct reduction of sentence, policies . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . H 591 42 Misdemeanor violations, court-ordered restitution .. . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. *H 519 23 Preschool/day care, aggravating factor, drug trafficking .. . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . H 641 68SESSIONS Joint . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . 5SHERIFFS Sex offenders, day care employment prohibited .. . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . *H 727 112 Sheriff liability for escaped prisoner repealed .. . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . *H 588 42SOCIAL WORK Social Work Examiners Bd, membership, nominations .. . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . *H 553 31 Social work license application/renewal fees . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . *H 605 49SOIL Dept, approp, Soil Conservation Com ... . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . *H 767 152 Soil/plant amendments, no local regulation .. . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . H 680 89SPEAKER, ACTING Representative Denney .. . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . 14, 159, 246SPEAKER, RULINGS Joint Resolution Passage from Committee .. . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . 43STATUTES Statues/monuments, historical value, removal approval . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . H 652 76STUDENTS Election board, appointing student members . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . *H 562 32 English language learners, school plans/goals/funds .. . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . *H 787 161 Idaho Promise Scholarship program eligibility, payments . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . H 713 99 Kindergarten, age 6, compulsory attendance .. . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . H 740 121 Medical inhalers policy, student self-medication .. . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . *H 632 61 Scholarship eligibility/grants, Category C students . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . H 749 126 Scholarship eligibility/grants, additional categories . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . H 804 174 Scholarship, drug/alcohol/tobacco-free category .. . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . H 830 215STUDIES Academic research/studies, disclosure exemption .. . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . H 797 168

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Bill No. Page

* Law** Adopted

Conservators and guardians, legislative study .. . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . **HCR 50 135 Criminal sentencing & parole, legislative study .. . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . HCR 42 81 Natural resources legislative study, expand .. . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . **HCR 56 271SUBSTANCE ABUSE Drug court fees, uses, failure to pay .. . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. *H 571 35SURVEYING AND SURVEYORS Surveys, what records shall show ... . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . *H 484 17

-T-

TAX AND TAXATION Agricultural land, tax exemption, rate calculation .. . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . *H 477 16 Auditorium district, funds restriction, promote measures . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . H 689 91 Auditorium district, maximum tax rate . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . H 690 91 Best Value in Contracting, add .. . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . H 597 44 Cemetery districts, additional levy, 2/3 voter approval . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . H 746 121 Gasoline tax exemption, all-terrain vehicles . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . *H 475 14 Industrial Com commissioner salaries increased .. . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . *H 802 174 Insurer premium tax liability, offset assessments . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . *H 512 21 Revenue and Taxation Dept, State Tax Com ... . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . *H 824 201 Special fuels, vehicle idling, no tax refund .. . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . *H 684 90 Tax Appeals Bd, approp .. . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . *H 823 201 Tax deficiency, interest, liens, levy agents . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . *H 478 16 Taxpayer' s Bill of Rights, spending limits . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . HJR 6 38 Taxpayer' s Bill of Rights, spending limits . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . HJR 7 38 Vehicle registration fees, state tax com audit . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . *H 474 14TAX AND TAXATION, INCOME Alternative energy electricity generation, tax credit . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . H 761 142 Alternative energy generation equipment, tax credit . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . H 760 142 Best management conservation practices, tax credit . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . H 788 161 Capital, income tax credit, benefit recapture .. . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . *H 799 174 Capital, property tax exemption, remittance distribution .. . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . H 782 155 Children' s Village Inc., contributions, tax credit . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . *H 610 53 Depreciable property adjusted basis, changes .. . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . *H 720 111 General fund expenditures, limitations .. . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . H 754 135 Grocery tax credit, refund, nonfiling individuals . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . H 582 41 Income tax deduction, caregiver expenses paid .. . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . *H 481 17 Income/sales tax increase, 2/3 majority vote .. . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . HJR 5 36 Long-term care, premiums, tax deduction .. . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . *H 567 32 New employees, additional tax credit, higher wages .. . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . *H 651 76 Research/broadband equipment, extend tax credit . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . *H 536 26 Tax increase, 2/3 majority vote required .. . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . HJR 10 62 Tax withholding, filing periods, failure to pay .. . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . *H 537 26 Teacher expenses, tax deduction prohibition deleted .. . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . H 530 25 Women and Children' s Alliance, donations, tax credit . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . *H 753 126TAX AND TAXATION, PROPERTY Agricultural land assessment, hunting/fishing rights . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . H 800 174 Agricultural land preservation tax .. . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . H 594 43 Agricultural land tax, property leases, terms .. . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . H 541 28 Agricultural land, tax exemption, rate calculation .. . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . *H 477 16 Agricultural property tax replacement, sales tax .. . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . *H 538 27 Bond levy equalization support, prior projects . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . *H 780 155 Capital, property tax exemption, remittance distribution .. . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . H 782 155 Educational necessity levy, safety/health repealed .. . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . H 550 30 Forest lands tax, application of payment . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . *H 663 78 Homeowner tax exemptions, tax roll preparations .. . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. *H 516 23 Homeowners, age 70+ years, property tax exemption .. . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . H 716 105

348 HOUSE INDEX

Bill No. Page

* Law** Adopted

Homes, tax exemption, taxable value increase .. . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . H 781 155 Library district budget, maximum tax .. . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . H 660 78 Local/business improvement districts, changes .. . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . H 688 90 New manufactured housing, first year tax free .. . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . *H 649 76 Operating property tax, electricity generation .. . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . *H 542 28 Property sales, disclose price to county assessor . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . H 650 76 Property tax appeal, procedure, court rules . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . *H 506 20 Property tax exemption, cost-of-living adjustments . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . H 826 215 Property tax, additional exemption, certain owners . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . H 825 215 Property tax, improper exemption, recover tax .. . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . *H 739 117 Public Infrastructure Improvements Distr ict, add .. . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . H 759 136 Public Infrastructure Improvements Distr ict, add .. . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . H 832 222 Rural homesite, property tax exemption eligibility . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. H 599 45 Tax delinquency, property sale, proceeds distribution .. . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . H 600 45 Tax, property, cross-reference deleted .. . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . *H 505 20 Taxing district budget increase, minimum voter turnout . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . H 809 185TAX AND TAXATION, SALES Agricultural property tax replacement, sales tax .. . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . *H 538 27 Alternative electricity generation, sales tax exemption .. . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . H 827 215 Blind Services Foundation, Inc. , sales tax exemption .. . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . *H 601 45 General fund expenditures, limitations .. . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . H 754 135 Income/sales tax increase, 2/3 majority vote .. . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . HJR 5 36 Playground equipment and materials, sales tax exemption .. . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . H 747 126 Property tax replacement, maximum cap deleted .. . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . H 476 16 Property/service contracts, 1% tax exemption .. . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . H 543 28 Tax increase, 2/3 majority vote required .. . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . HJR 10 62 Veterans service organizations, sales tax exemptions .. . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . H 810 185TEACHING AND TEACHERS Bd, teacher standards, technology proficiency .. . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . *H 728 112 Educational support, property tax replacement, salaries . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . H 583 41 Instructor license, requirements revised .. . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . *H 483 17 Teacher expenses, tax deduction prohibition deleted .. . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . H 530 25 Teacher shortage, employ postretirement teacher . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . H 769 153TELECOMMUNICATIONS Antitrust action, telephone corporation, when immune .. . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . H 624 60 Emergency Communications Com created, purpose .. . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . *H 692 91 Emergency communications system, commission assistance .. . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . H 580 37 Telephone corp., Telecommunications Act applicability . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . H 502 19 Telephone solicitation, "do-not-call," national list . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. *H 535 25TOBACCO Millennium Income Fund, tobacco programs funding .. . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . *H 783 161 Scholarship eligibility/grants, Category C students . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . H 749 126 Scholarship eligibility/grants, additional categories . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . H 804 174 Scholarship, drug/alcohol/tobacco-free category .. . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . H 830 215TORTS Employer' s gross negligence, additional liability . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . H 545 30 Lawsuit allegations, personal liability, public employee .. . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . H 647 69TRANSPORTATION Driver license renewal, active duty military member .. . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . *H 752 126 Education Dept/Public Instruction Superintdt, add' l . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . *H 847 283 Inattentive driving, fines . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . H 513 22 Lewiston, historic preservation, license plates . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . *H 480 17 Livestock, transportation of agricultural commodities . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . **HJM 15 53 Local Highway Economic Investment Fund .. . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . H 655 77 Nuclear waste transportation permits, fees . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . H 676 89 Optical strobe light devices, illegal use .. . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . *H 604 49 Slow-moving vehicles on highways, restrictions .. . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . *H 616 54

HOUSE INDEX 349

Bill No. Page

* Law** Adopted

Slow vehicles on highways, requirements/exceptions .. . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . H 507 21 Student transportation service, renewal without bids . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . *H 603 49TREASURER, STATE Commemorative medallions, promotion by Treasurer . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . *H 845 282 State Treasurer, payment of warrants, $2,000 limit . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . *H 608 49 Treasurer, State . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . *H 789 167 Treasurer, additional, commemorative medallions .. . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. *H 846 283TRUSTS Homeowner tax exemptions, tax roll preparations .. . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. *H 516 23 Nontestamentary trust, claims against . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . H 665 83

-U-

UNIFORM LAWS Business Corporation, amend .. . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . *H 671 83 Federal Consumer Credit Protection Act, update cite . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . *H 522 24 UCC, farm equipment/accessories, dealer agreements . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . H 703 97UTILITIES Alternative energy generation equipment, tax credit . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . H 760 142 Antitrust action, telephone corporation, when immune .. . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . H 624 60 Cattle, stray voltage protocols . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . H 779 154 Electrical, licensing exemptions, certain installations .. . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . H 672 86 Industrial Com commissioner salaries increased .. . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . *H 802 174 Operating property tax, electricity generation .. . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . *H 542 28 Public Utilities Com ... . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . *H 736 116 Salmon survival evaluations, dam spillway passage .. . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . **HJM 27 276 State employee salary increase, certain commissioners . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . H 630 61 Utility fish mitigation costs, provide information .. . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . *H 539 27

-V-

VETERANS Commemorative medallions, promotion by Treasurer . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . *H 845 282 Military retirement & disability compensation .. . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . **HJM 21 152 Property tax, additional exemption, certain owners . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . H 825 215 Veterans service organizations, sales tax exemptions .. . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . H 810 185VETOED BILLS H 544 AA AAS, Governor’s Message .. . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . 314 H 760 AA AAS, Governor’s Message .. . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . 314 H 761 AA AAS, Governor’s Message .. . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . 314 H 807, Governor’s Message .. . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. 315 H 816 AA, Governor’s Message .. . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . 315VISITORS Copple-Trout, Linda, Chief Justice .. . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . 11 Bieter, David, Mayor .. . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . 22 Craig, Larry, United States Senator . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . 263VICTIMS Death penalty case, victim impact information .. . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . *H 609 51VOTING AND VOTERS Cemetery districts, additional levy, 2/3 voter approval . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . H 746 121 Citywide ballot measures, campaign expenditures . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . *H 625 60 Crop management area, petitioners . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . *H 678 89 Deceased voter, absentee ballot rejection deleted .. . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . *H 563 32 Election board, appointing student members . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . *H 562 32 Election recount results, appeal, hearing .. . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . *H 500 19 Elections, recall petitions, procedures .. . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . *H 559 31 Initiatives/referendums, petition signatures, procedure .. . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . H 517 23

350 HOUSE INDEX

Bill No. Page

* Law** Adopted

Mail ballot precincts, voting by mail . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . *H 560 32 Polling place accessibility, publish information .. . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . *H 561 32 Reversed vote, Harwood, SCR 132 .. . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . 288 School trustee recall petitions canvassing, when .. . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . *H 596 44 Taxing district budget increase, minimum voter turnout . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . H 809 185 Voter registration information, confidential portion .. . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . *H 558 31

-W-

WAGES Commodity Indemnity Fund Advisory Com, compensation .. . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . *H 614 54 Educational support, property tax replacement, salaries . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . H 583 41 House of Representatives, employee compensation .. . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . HR 5 2 House of Representatives, employee compensation .. . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . HR 6 13 Industrial Com commissioner salaries increased .. . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . *H 802 174 Medicaid service providers, rate review methodology .. . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . HCR 41 75 Military retirement & disability compensation .. . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . **HJM 21 152 New employees, additional tax credit, higher wages .. . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . *H 651 76 School district employees, worker ' s compensation .. . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. *H 602 49 Seed Indemnity Fund Advisory Com, compensation .. . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . *H 615 54 State employee benefits, annual survey, results . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . *H 638 68 State employee compensation .. . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . **HCR 47 95 State employee salaries, temporary increase .. . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . *H 805 180 State employee salary increase, certain commissioners . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . H 630 61 Support order, levy against deferred compensation .. . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . *H 581 37 Voluntary Contributions, repeal . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . H 584 41WAREHOUSES Commodity Indemnity Fund Advisory Com, compensation .. . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . *H 614 54WASTES Hazardous waste disposal facility fees . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . *H 611 53 Household hazardous/electronic waste, recycle . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . **HCR 40 75 Nuclear waste transportation permits, fees . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . H 676 89WATER Best management conservation practices, tax credit . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . H 788 161 Commerce Dept, additional, water management plan .. . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . *H 843 282 Dams, oppose breaching or flow augmentation .. . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . **HJM 23 182 Ditch/canal, diverted water, appropriator' s property .. . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . *H 745 121 Eastern Snake River Plain Aquifer, water rights . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . *H 848 295 Eastern Snake River Plain Aquifer, water rights . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . H 849 300 Idaho Aquaculture Com, promote aquaculture products . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . *H 836 248 Idaho Aquaculture Com, promote aquaculture products . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . H 613 54 Natural resources legislative study, expand .. . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . **HCR 56 271 Rights, consumptive use not an element . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . *H 636 68 Snake River, artificial oxbow channel . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . H 606 49 Water supply enhancement projects, support . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . **HJM 24 183 Watershed advisory group approval, information release .. . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . H 544 30WATER RESOURCES DEPT Commerce Dept, additional, water management plan .. . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . *H 843 282 Dam inspectors, every five years . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . *H 592 42 Dam, construct/enlarge, Water Resources Dept fees . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . *H 593 43 Low-risk area barriers, Water Resources Dept . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . *H 635 68 Water Resources Dept, additional . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . *H 503 20 Water right, nonuse from mitigation, no forfeiture .. . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . *H 633 67WEAPONS Threatening violence on school grounds, misdemeanor .. . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . H 667 83WILDLIFE Best management conservation practices, tax credit . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . H 788 161

HOUSE INDEX 351

Bill No. Page

* Law** Adopted

Hunt/fish/trap, constitutional right . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . HJR 11 121 Independent insurance adjuster, depredation claims .. . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . *H 700 97 Salmon survival evaluations, dam spillway passage .. . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . **HJM 27 276 State raptor: Peregrine Falcon .. . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . *H 712 99 Utility fish mitigation costs, provide information .. . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . *H 539 27 Voluntary Public Access/Habitat Incentive Program, urge .. . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . HJM 19 96WINE Wine sampling events, licensee requirements, limits . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . H 577 36WOMEN Women and Children' s Alliance, donations, tax credit . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . *H 753 126WORKERS COMPENSATION Employer' s gross negligence, additional liability . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . H 545 30 Foreign insurers, worker' s compensation, deposit . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. *H 493 18 Injured employee, medical services/supplies, limitations .. . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . H 673 86 Property/casualty insurer, reciprocal insurers . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . *H 618 57 School district employees, worker ' s compensation .. . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. *H 602 49 Worker' s compensation evaluation, qualified physician .. . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . H 674 86

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HouseBill No. Introduced By

Intro-ductionPage Subject Matter

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FinalDisposition

473 AAS Transportationand Defense

14 STATE HIGHWAYS - BIDS - Amends existing lawrelating to bids on the state highway system toprovide an administrative remedy for a losing bidderto contest a contract offer; to provide for appointmentof a hearing officer by the chief engineer upon receiptof an application; to provide a contested case hearing;to provide for entering a final order; and to authorizethe chief engineer to award the contract to the bidderdetermined in the final order to be the lowestresponsible bidder at a time and in a manner whichshall be in the best interest of the state. .................... 271 312 LAW(Senate Amendments – See Senate Journal)

474 Transportationand Defense

14 MOTOR CARRIERS - AUDITS - Amends existinglaw relating to motor carrier registration and auditguidelines to transfer motor carrier audit functionsfrom the Idaho Transportation Department to theState Tax Commission......................................... 38 312 LAW


14 FUELS TAX - Amends existing fuels tax law toprovide that gasoline used to propel all-terrainvehicles not required to be registered under motorvehicle law or under recreational activities law isexempt from fuel tax; to provide for refunds payableon such fuel; and to expand the definition of"recreational vehicle" to include all-terrain vehicles ..... 28 312 LAW

476 Robison andCuddy

16 SCHOOL DISTRICTS - Amends existing law tostrike the maximum amount restrictions relating toappropriations from the state to school districtsassociated with the replacement of a portion ofauthorized school maintenance and operation propertytax levies with state sales tax receipts....................... - 17

Revenue andTaxation

477 Revenue andTaxation

16 PROPERTY TAX - Repeals, adds to and amendsexisting law to delete the method of assessment forcertain manufactured homes under a dealer's plate oras a sheep and cow camp; and to provide that theState Tax Commission shall promulgate rulesspecifying procedures to establish average crop pricesand capitalization. .............................................. 62 232 LAW


16 TAXATION - Amends existing law to permit use ofprivate delivery services approved by the InternalRevenue Service to accomplish timely filing of taxreturns and other tax related documents with the StateTax Commission; to change from October toSeptember the month of the applicable federal rateused to index the interest rate on taxes and refunds;to provide that an action to foreclose a tax lien mustbe brought in the county in which the property islocated and to clarify the limitation of time forbringing such action. .......................................... 63 232 LAW

354 HOUSE INDEX



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16 UNCLAIMED PROPERTY - Amends existing lawrelating to unclaimed property to require reporting ofthe full name and last known address of the insuredor annuitant or beneficiary when unclaimed funds ofmore than fifty dollars held or owing under any lifeor endowment insurance policy or annuity contractare reported; to require that the report of abandonedproperty must be filed no later than November first ofeach year; to provide that property escheats to thestate of Idaho ten years after it is received by theadministrator of unclaimed property; to provide thatthe State Tax Commission shall record the name andlast known address of the person entitled to theproperty within sixty days of transferring excessfunds from the unclaimed property account; and toprovide that statements to purchasers shall set forthamounts due by the holder. ................................... 63 232 LAW

480 Naccarato 17 LICENSE PLATES - HISTORIC LEWISTONAdds to and amends existing law to establish anHistoric Lewiston special motor vehicle license plateprogram.......................................................... 55 294 LAW


17 INCOME TAX - Amends existing law to makevarious changes to the Idaho Income Tax Act; toclarify the exclusion for certain dividends payable toa mutual insurance stock holding company orintermediate holding company; to provide a correctreference to the Internal Revenue Code; to providechanges in retirement age under the Social SecurityAct; to provide a definition of disabled; to clarify thatto qualify for the deduction for certain expenses forhousehold and dependent care, services must be paidby the individual maintaining the household; and toupdate the income tax withholding rate applicable tolottery winnings. ............................................... 63 232 LAW

482 AA Resources andConservation

17 FISH AND GAME - Amends existing law relating tofish and game to revise certain controlled hunt fees...... 138 312 LAW(House Amendments – p. 106)

483 Business 17 COSMETOLOGY - Amends existing law relating tolicensure by the Idaho Board of Cosmetology toeliminate a requirement of work experience forinstructor licenses. ............................................. 73 294 LAW

484 Business 17 RECORDS OF SURVEYS - Amends existing law todefine "basis of bearing"; and to clarify the requiredcontents of records of surveys. .............................. 64 294 LAW

485 Business 18 ENGINEERS AND LAND SURVEYORS - Amendsand adds to existing law relating to professionalengineers and professional land surveyors to clarifyeducation, examination and graduate educationrequirements to meet qualifications for licensure; toclarify authority of the executive director indisciplinary actions; and to specify exclusivejurisdiction of the state. ....................................... 64 294 LAW

HOUSE INDEX 355



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486 Business 18 REAL ESTATE APPRAISER LICENSE - Amendsexisting law relating to the scope of authority of theBoard of Real Estate Appraisers to further defineexemptions. ..................................................... 79 294 LAW

487 Business 18 INSURERS - Amends existing law to delete therequirement that insurers file copies of reports withthe National Association of InsuranceCommissioners. ................................................ 101 312 LAW

488 Business 18 STATE INSURANCE FUND - Amends existing lawto provide that the State Insurance Fund shall beexamined by the Department of Insurance at leastonce every five years. ......................................... 101 312 LAW

489 Business 18 HEALTH CARE PLANS - SELF-FUNDEDAmends existing law relating to self-funded healthcare plans to increase applicable deductible andobligation amounts for purposes of determiningexemption from registration requirements. ................ 101 294 LAW

490 Business 18 INSURER - SURPLUS LINES - Amends existinglaw to require eligible surplus lines insurers to notifythe director of the Department of Insurance of anychanges to the insurer's name, address or state ofdomicile within sixty days. ................................... 101 294 LAW

491 Business 18 INSURER - CERTIFICATE OF AUTHORITYAmends existing law to provide that the director mayissue new orders of suspension; and to provide thatcertificates of authority shall be deemed terminated atthe end of the suspension period if not reinstated or ifa new order of suspension is not issued. ................... 101 294 LAW

492 Business 18 INSURER - CERTIFICATE OF AUTHORITYAmends existing law relating to insurers to requireforeign corporations to submit one copy and domesticcorporations to submit three copies of specifiedcorporate documents with an application for anoriginal certificate of authority............................... 102 294 LAW

493 Business 18 INSURERS - DEPOSIT REQUIREMENTSAmends and repeals existing law relating to foreignand alien insurers to clarify an exception to therequirement of deposit based upon a certificate fromthe insurer's state of domicile; and to repeal languagerelating to special deposits for foreign or alieninsurers writing workmen's compensation coveragesin Idaho. ......................................................... 106 294 LAW

494 Business 19 INSURERS - Amends existing law to limit the abilityof an insurer to transact insurance in Idaho based onthe characteristics of the business name of the insurer... 107 294 LAW

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495 Business 19 INSURANCE DEPARTMENT DIRECTORDOCUMENT FILING - Amends existing law toauthorize the director of the Department of Insuranceto specify the place and manner of filing ofdocuments. ...................................................... 107 312 LAW

496 Business 19 ANNUITIES - Amends existing law to reviseminimum nonforfeiture amounts applicable to annuitycontracts issued by insurers; to authorize the directorto adopt rules; and to provide effective dates fornonforfeiture amount provisions. ............................ 107 294 LAW

497 Business 19 INSURERS - Amends existing law relating toinsurance to provide that annual statements shall beprepared in accordance with specified standards ofthe National Association of Insurance Commissionersand revisions to such standards as adopted by thedirector of the Department of Insurance.................... 107 294 LAW

498 Business 19 OCCUPATIONAL LICENSES - Amends existinglaw to authorize the Bureau of Occupational Licensesto conduct hearings and proceedings to revoke,suspend, refuse issuance or refuse renewal oflicenses, certificates or authorities; to authorize theBureau to suspend or refuse issuance of such licenses,certificates or authorities; to require regulatedprofessionals to answer questions and producedocuments; to provide that failure to disclose lawfullyrequested information shall be grounds for discipline;to provide for the filing of a petition to modify or setaside an investigative demand; and to provide thatsuch petition filing shall not constitute misconduct orgrounds for discipline except in specifiedcircumstances. .................................................. 79 233 Failed Senate

499 AA Business 19 INSURERS - DOMESTIC STOCK - Amendsexisting law to provide that domestic stock insurersmay amend their bylaws as provided by state law;and to provide that no such amendment to aninsurer's articles of incorporation shall be effectuateduntil a fully executed copy of the certificate ofamendments has been filed with and approved by thedirector........................................................... 138 312 LAW(House Amendments – p. 106)

500 AAS State Affairs 19 ELECTIONS - Amends existing law to provide whena candidate may appeal the results of a recount or thedetermination that a recount is not necessary; and torevise procedures............................................... 210 261 LAW(Senate Amendments – See Senate Journal)

501 State Affairs 19 GOVERNMENT BOARDS - Amends existing law toprovide for no personal liability in certain instancesfor individuals serving on governing boards ofgovernmental units, boards or agencies or ofgovernmental corporations.................................... - 50 State Affairs

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502 State Affairs 19 TELEPHONE CORPORATIONS - Amends existinglaw relating to telecommunications regulation toprescribe an election by the corporation to governapplicability of the chapter to certain telephonecorporations; to provide continuing authority of thePublic Utilities Commission relating totelecommunications services subject to Chapter 6,Title 62, Idaho Code........................................... 102 273 Failed Senate

503 Appropriations 20 APPROPRIATIONS - WATER RESOURCESDEPARTMENT - Appropriates an additional$41,000 to the Department of Water Resources forfiscal year 2004................................................. 29 59 LAW

504 Appropriations 20 APPROPRIATIONS - Directs the transfer of$223,500 to the Pest Control Deficiency Fund;directs the transfer of $11,600,000 to the FireSuppression Deficiency Fund; and directs the transferof $297,100 to the Hazardous Substance EmergencyResponse Fund.................................................. 29 66 LAW


20 PROPERTY TAX APPEALS - Amends existing lawto delete a reference to a statute that is no longerapplicable to property tax appeals. .......................... 73 294 LAW


20 PROPERTY TAX - APPEALS - Amends existinglaw to clarify the procedure to file an appeal indistrict court for property tax appeals from the Boardof Tax Appeals. ................................................ 73 294 LAW


21 HIGHWAYS - SLOW MOVING VEHICLESAmends existing law to update and clarify theoperation of slow moving vehicles on publichighways......................................................... - 22

Transportationand Defense

508 AA State Affairs 21 JUDGES' RETIREMENT FUND - Amends existinglaw to provide that the Endowment Fund InvestmentBoard shall select and contract with investmentmanagers at the direction of the Supreme Court; torevise the investment authority relating to the Judges'Retirement Fund................................................ 137 312 LAW(House Amendments – p. 105)

509 State Affairs 21 PERMANENT ENDOWMENT FUNDS - Amendsexisting law to provide that permanent endowmentfunds and earnings reserve funds may be combined orpooled for investment.......................................... 56 294 LAW

510 State Affairs 21 STATE MINERAL LANDS - Amends existing lawto provide an exception for reserving state minerallands from sale when the surface estate is identifiedby the State Board of Land Commissioners as havingthe potential highest and best use for developmentpurposes; and to provide that a purchaser of landsmay acquire right, title or interest in the mineraldeposits. ......................................................... 52 134 LAW

358 HOUSE INDEX



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511 State Affairs 21 LAND BOARD - Amends existing law to providethat the State Board of Land Commissioners shallhave power to solicit bids and contract work to beperformed........................................................ 54 312 LAW

512 AA Revenue andTaxation

21 INSURER - PREMIUM TAX - Amends existing lawto provide that a member insurer of the IdahoInsurance Guaranty Association may offset against itspremium tax liability the assessment imposed forobligations of the Idaho Insurance GuarantyAssociation; and to provide for insurers that areexempt from the premium tax imposed under Section41-402, Idaho Code............................................ 137 312 LAW(House Amendments – p. 105)

513 Mitchell andMeyer

22 INATTENTIVE DRIVING - Amends and adds toexisting law to provide the infraction of inattentivedriving; and to provide a penalty. ........................... - 27

Judiciary,Rules, and

Administration

514 Appropriations 22 APPROPRIATIONS - INSURANCEDEPARTMENT - Appropriates an additional$16,100 to the Department of Insurance for fiscalyear 2004; and authorizes one additional full-timeequivalent position. ............................................ 32 66 LAW

515 State Affairs 23 STATE LAND - LEASES - Amends existing law toprovide authority for the State Board of LandCommissioners to lease all endowment lands for alease period of up to forty-nine years for commercialpurposes; and to provide application to mineral leaseson state lands.................................................... 118 312 LAW


23 PROPERTY TAX RELIEF - Amends existing law toclarify procedures for submitting, reviewing andfinalizing claims for property tax relief..................... 158 312 LAW

517 State Affairs 23 INITIATIVES/REFERENDUMS - Repeals and addsto existing law to provide minimum signaturerequirements for initiative or referendum petitions; toprovide that signature sheets shall contain signaturesof qualified electors from only one county andlegislative district in which the signer resides ............. - 27 State Affairs

518 Judiciary, Rules,andAdministration

23 INTERSTATE COMPACT FOR JUVENILESRepeals and adds to existing law to authorize anddirect the Governor of the State of Idaho to executethe Interstate Compact for Juveniles on behalf of thestate; to provide for the Interstate Commission forJuveniles ......................................................... 65 294 LAW


23 CONTROLLED SUBSTANCE INVESTIGATIONSAmends existing law to allow for a court to orderrestitution for costs incurred by law enforcementagencies in investigating misdemeanor violations ofthe Uniform Controlled Substances Act. ................... 108 312 LAW

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520 AAS Judiciary, Rules,andAdministration

24 DNA ANALYSIS COSTS - Amends existing law toprovide that offenders committing burglary andfelony domestic violence shall be subject to sampleDNA collection; and to provide that certain personsmay be ordered by the court to pay restitution to helpoffset costs incurred by law enforcement agencies forthe expense of DNA analysis................................. 285 312 LAW(Senate Amendments – See Senate Journal)

521 Resources andConservation

24 OUTFITTERS AND GUIDES - Amends existing lawto revise provisions and schedules relating to license,penalty, amendment and application fees foroutfitters, certain designated agents and guides. .......... 92 312 LAW

522 Business 24 FEDERAL CONSUMER PROTECTION ACTAmends existing law to revise dates applicable to theFederal Consumer Credit Protection Act andregulations issued under the Act. ............................ 64 294 LAW

523 Business 24 RESIDENTIAL MORTGAGE - Amends existing lawrelating to residential mortgage practices to revisedates applicable to amended federal acts andregulations....................................................... 64 294 LAW

524 AAS Business 24 BANKING - LOANS/EXTENSIONS OF CREDITAmends and repeals existing law relating to bankingto revise definitions; to revise provisions applicableto real estate loans offered by banks; to repealsections applicable to mortgage insurance,government guaranteed loans, commercial loans andconstruction loans; to provide that the total loans andextensions of credit to persons shall be limited; toprovide that certain items do not constitute loans orextensions of credit; to exempt certain loans orextensions of credit from lending limits; to providefor the combination of loans or extensions of creditunder certain outlined conditions; to provide forcalculation of lending limits; to set forth conditionsunder which loans shall be considerednonconforming; and to provide that banks shall notinvest in certain real estate holdings in amountsgreater than fifty percent of the capital structure ofthe bank. ......................................................... 259 312 LAW(Senate Amendments – See Senate Journal)

525 Business 24 ELECTRICAL INSPECTORS - Amends existing lawto clarify qualifications and restrictions on state andmunicipal electrical inspectors; and to provide foradministration of such additional tests as may beadopted by the State Electrical Board. ...................... - 27 Business

526 Business 24 MANUFACTURED HOMES - Amends existing lawrelating to manufactured homes to authorize theadministrator of the Division of Building Safety topromulgate rules to establish a dispute resolutionprogram.......................................................... 118 312 LAW

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527 Business 25 PLUMBING BOARD - Amends existing law toauthorize the Idaho Plumbing Board to establish, byrule, civil penalties and an appeals process; and toprovide that certificates of competency and apprenticeregistrations may be in the immediate vicinity of thework site during working hours if not carried on theperson. ........................................................... 164 312 LAW

528 AAS Business 25 PLUMBERS - Amends and adds to existing lawrelating to plumbers to provide for apprentice andspecialty apprentice registration and annual renewalof the registration; to adjust fees for a renewalcertificate of competency; to provide for proratingfees; to provide that certificates of competency shallbe issued for a period of three years; to provide forexpiration and renewal of a certificate; to authorizethe Idaho Plumbing Board to provide, by rule, for astaggered schedule of issuing and renewingcertificates; and to provide that the increase in feesfor a certificate of competency and issuance of athree-year certificate shall be effective on and afterJanuary 1, 2005................................................. 307 312 LAW(Senate Amendments – See Senate Journal)

529 Business 25 MASTER ELECTRICIANS - Amends existing law torequire not less than four years of experience as alicensed journeyman to qualify for licensure as amaster electrician............................................... 164 312 LAW

530 Trail 25 INCOME TAX - DEDUCTIONS - Amends existinglaw to delete language regarding a state income taxdeduction for certain expenses of elementary andsecondary teachers. ............................................ - 27

Revenue andTaxation

531 Trail 25 JUVENILES - RECORDS EXPUNGED - Amendsthe Juvenile Corrections Act to provide for theexpungement of records after five years for personswho have committed felony offenses or who havebeen committed to the Department of JuvenileCorrections; to provide for the expungement ofrecords after one year for persons who havecommitted misdemeanor or status offenses and whohave not been committed to the Department ofJuvenile Corrections and in cases where the diversionprocess has been utilized or the court orders aninformal adjustment; to provide that records to besealed include law enforcement investigatory reportsand fingerprint records; and to provide thatreferences to diversions or informal adjustments shallbe removed from public records. ............................ 176 312 LAW

532 State Affairs 25 ADA AND BOISE COUNTIES - Amends existinglaw to align the western boundary description ofBoise County with the description of that boundary asshared with Ada County. ..................................... 129 312 LAW

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533 State Affairs 25 INDUSTRIAL SPECIAL INDEMNITY FUNDAmends existing law to extend the statutoryrequirements for filing a notice of claim against theIndustrial Special Indemnity Fund untilJune 30, 2008. .................................................. 46 294 LAW

534 State Affairs 25 PUBLIC MEETINGS - Amends existing law relatingto open public meetings to revise requirementsrelating to meetings conducted usingtelecommunications devices. ................................. 46 294 LAW

535 State Affairs 25 DO-NOT-CALL LIST - Amends existing law torevise provisions and procedures relating to telephonesubscriber listings on Idaho's no telephonesolicitation contact list; to provide that a nationalDo-Not-Call Registry established by the FederalTrade Commission may serve as Idaho's no telephonesolicitation contact list; to authorize the AttorneyGeneral to provide certain telephone numbers to theFederal Trade Commission; to delete reference to thedeposit and use of certain fees; to revise provisionsrelating to violations; and to clarify an exceptionrelating to established business relationships. ............. 46 294 LAW


26 INCOME TAX CREDIT - RESEARCH ACTIVITYAmends existing law to delete the sunset provisionsfor state income tax credits for qualified researchexpense and for qualified broadband equipmentexpense........................................................... 109 313 LAW


26 INCOME TAX WITHHOLDING - Amends existinglaw to provide that an employer's failure to make apayment as required may be treated as a failure to filea return; to provide that the State Tax Commissionmay take authorized administrative and judicialactions for such failure; to provide that thewithholding tax return shall be filed annually unless ashorter period is prescribed; and to specify when thereturn is due..................................................... 100 294 LAW


27 PROPERTY TAX REPLACEMENT - Amendsexisting law to provide that moneys for replacementof property tax revenues for the agriculturalequipment tax exemption shall be paid from the SalesTax Account instead of the Refund Fund. ................. 100 294 LAW

539 AAS State Affairs 27 WILDLIFE MITIGATION COSTS - Adds toexisting law to allow information regarding fish andwildlife mitigation costs to be included on bills forelectric service. ................................................. 307 312 LAW(Senate Amendments – See Senate Journal)


27 TRAILER/MOTOR VEHICLE - TRANSACTIONAdds to existing law to provide that a transactioninvolving a motor vehicle or trailer does not create asale or security interest merely because thetransaction includes a terminal rental adjustmentclause (TRAC).................................................. 71 312 LAW

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28 PROPERTY TAX - AGRICULTURAL LANDAmends existing law to revise criteria as to how landcan be classified as land actively devoted toagriculture for property tax purposes; and to define"bona fide lessee." ............................................. - 29

Revenue andTaxation


28 OPERATING PROPERTY - TAX ASSESSMENTAmends existing law to provide that on and afterJanuary 1, 2004, any newly installed or constructedequipment located within a city corporate limit orwithin five miles of a city corporate limit and usedfor and in conjunction with the thermal generation ofelectricity shall be apportioned based on physicallocation for operating property purposes; and toprovide that newly installed or constructed equipmentused for and in conjunction with the thermalgeneration of electricity equipment shall not includethe remodeling, retrofitting, rehabilitation,refurbishing or modification of an existing electricalgeneration facility or integration or transformationfacilities such as substations or transmission lines. ....... 71 294 LAW


28 CONTRACTS - Adds to existing law to provide anexemption from the one percent increase in sales taxin 2003; and to provide a refund mechanism forcertain contracts. ............................................... 156 253 Failed Senate

544 AAAAS

EnvironmentalAffairs

30 WATERSHED ADVISORY GROUPS - Amendsexisting law to define "subbasin assessment"; toprovide identification of the period of time necessaryto achieve full support of designated beneficial useswhich takes into account any expected changes towater quality standards; to provide that each totalmaximum daily load (TMDL) shall be developed inconsultation with the watershed advisory group forthe watershed in which the water bodies are located;and to provide that watershed advisory groups shallconsult with the director and participate in thedevelopment of each TMDL, and any supportingsubbasin assessment, for water bodies within thewatershed. ....................................................... 309 314 VETOED(House Amendments – p. 122)(Senate Amendments – See Senate Journal)

545 Langford 30 WORKER'S COMPENSATION - Amends existinglaw to govern application of worker's compensationwhen an employer is guilty of gross negligence........... - 33

Commerce andHuman

Resources

546 AgriculturalAffairs

30 ASSOCIATIONS - Amends and repeals existing lawrelating to cooperative marketing associations toeliminate the requirement of filing a certified copy ofthe articles of incorporation with the Department ofAgriculture; and to repeal the law relating to issuanceof annual reports. .............................................. 71 294 LAW


30 PRUNE COMMISSION - Repeals existing lawrelating to the Prune Commission. .......................... 72 294 LAW

HOUSE INDEX 363



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30 FERTILIZER - SPECIALTY - Amends existing lawto provide for penalties for specialty fertilizer thatdeviates from the guaranteed analysis; to provide thatthe Department of Agriculture shall determine andpublish annually the values per unit of nitrogen,available phosphate, soluble potash, secondaryelements and microelements used; and to provide thatthese values shall be used in determining andassessing penalties.............................................. 72 294 LAW


30 SEED DEALER LICENSE - Amends existing law toprovide an exemption from licensing requirements forcertain seed dealers. ........................................... 109 312 LAW

550 Ringo 30 SCHOOLS - UNSAFE OR UNHEALTHYCONDITIONS LEVY - Amends existing law relatingto the Constitutionally-based Educational Claims Actto remove authority for imposition of an educationalnecessity levy to abate unsafe or unhealthyconditions; and to remove provisions authorizingapplication of this section to certain pending lawsuits. .. - 33

Revenue andTaxation

551 Health andWelfare

31 PSYCHOLOGISTS - Amends existing law relating tolicensure by the Board of Psychologist Examiners toclarify conditions for nonissuance and revocation oflicenses........................................................... 55 294 LAW

552 AA Health andWelfare

31 COUNSELORS - THERAPISTS - Amends existinglaw relating to professional counselors and marriageand family therapists to revise terminology; toauthorize the Board of Professional Counselors andMarriage and Family Therapists to adopt rulesrequiring annual continuing education; and to deletecertain continuing education requirements formarriage and family therapists. .............................. 172 312 LAW(House Amendments – p. 123)


31 SOCIAL WORK EXAMINERS BOARD - Amendsexisting law to increase the membership of the Boardof Social Work Examiners by the addition of a laymember; and to revise the nomination process............ 62 294 LAW

554 Trail 31 COUNTY BIDS - PUBLICATION - Amends existinglaw to revise the time requirements for publication ofthe notice inviting bids for counties. ........................ 71 294 LAW

555 Trail 31 PERSONAL INFORMATION AND PRIVACYAdds to existing law to provide legislative intentrelating to the protection of personal information; toprovide for disclosure upon breach in the security ofpersonal information by certain agencies, persons andbusinesses; to provide for delayed notification in theevent of certain criminal investigations; to provide formeans of notice; to provide an exception; and toprovide certain rights and remedies for breach in thesecurity of personal information. ............................ - 33 State Affairs

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556 Trail 31 GOVERNMENT DATA COLLECTIONDISSEMINATION - Adds to existing law to providelegislative findings; and to require recordkeepingagencies and political subdivisions of the state ofIdaho to adhere to designated principles ofinformation practice............................................ - 33 State Affairs

557 Trail 31 IDENTIFYING INFORMATION - MISUSERepeals and adds to existing law relating to misuse ofidentifying information to prohibit certain activitiesrelating to the use of another's identifyinginformation; to provide for restitution; to provide forvictim assistance by the Attorney General; to providean exception for members of law enforcementagencies; and to provide for expungement of certainfalse identity information from court and lawenforcement agency records. ................................. - 33


Administration

558 AA State Affairs 31 VOTER REGISTRATION CARDS - Amendsexisting law to exempt certain information on voterregistration cards from disclosure; and to provideexceptions. ...................................................... 138 312 LAW(House Amendments – p. 106)

559 State Affairs 31 RECALL PETITIONS - Amends existing lawrelating to recall petitions and elections to reviseapproval of prospective recall petitions; to providequalifications for a person who circulates a petition;to provide for examination to verify signatures by thecounty clerk; to provide for notification of sufficiencyof petitions; to increase the number of days allowedfor canvass of returns; to eliminate the procedure forremoval of a signature after the petitions have beenfiled; and to provide a procedure in the event ofrefusal to accept a petition. ................................... 71 312 LAW

560 AAS State Affairs 32 MAIL BALLOT PRECINCT - Adds to existing lawto provide for the creation of a mail ballot precinct;and to provide conditions which must be met in theconduct of an election. ........................................ 270 312 LAW(Senate Amendments – See Senate Journal)

561 State Affairs 32 ELECTION NOTICES - Amends existing law tospecify that information describing the accessibility ofpolling places must be contained in election notices...... 70 294 LAW

562 State Affairs 32 ELECTION BOARDS - Amends existing law toauthorize appointment of students to election boardsunder certain conditions. ...................................... 70 294 LAW

563 State Affairs 32 ELECTOR - ABSENTEE BALLOT - Amendsexisting law relating to election laws to strike aprovision providing for finding and discarding theabsentee ballot of an elector who has subsequentlydied. .............................................................. 70 312 LAW

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564 State Affairs 32 RIGHTS RESTORED - FELONY CONVICTIONAmends existing law to clarify the restoration ofrights of persons convicted of a felony, and who haveachieved final discharge, in another state orjurisdiction. ..................................................... 69 312 LAW

565 Appropriations 32 APPROPRIATIONS - IDAHO STATE POLICEAppropriates an additional $54,700 to the Idaho StatePolice for fiscal year 2004; and authorizes twoadditional full-time equivalent positions. ................... 45 115 LAW

566 Appropriations 32 APPROPRIATIONS - CORRECTIONDEPARTMENT - Appropriating an additional$80,000 to the Department of Correction for fiscalyear 2004; and repealing a provision making moneysavailable to the Board of Correction for an offenderpopulation contingency. ....................................... 45 115 LAW


32 INCOME TAX - DEDUCTIONS - Amends existinglaw to remove the limitation on the amount ofpremiums for long-term care insurance that qualifyfor the credit against income taxes. ......................... 100 313 LAW

568 Business 34 MANUFACTURED HOME INSTALLER LICENSEAmends existing law to delete reference tomanufactured home broker in the manufactured homelicensure law and replace it with manufactured homeinstaller; and to revise maximum fees. ..................... 118 312 LAW

569 Business 35 ELEVATOR SAFETY CODE ACT - Amends andadds to existing law relating to elevator safety to setforth legislative findings and intent; to require thatinstallation and periodic inspections be performed bycertain persons; to provide for responsibility foroperation and maintenance of equipment and periodtests; to provide for certificates to operate; to adoptsafety codes; to require inspections and tests; to setforth fee schedules; and to set forth nonliabilityprovisions........................................................ 118 313 LAW

570 Business 35 RESIDENTIAL MORTGAGE - AGENTS - Amendsexisting law relating to residential mortgage practicesto provide an exemption for agents who act under anexclusive contract with no more than one licensee ona full-time or part-time basis. ................................ 131 312 LAW


35 DRUG COURT - FEES - Amends and adds toexisting law to provide for the payment of a drugcourt fee; to provide that moneys in the County DrugCourt Fund may be expended for private counselingservices; to provide that the failure to pay the drugcourt fee may constitute grounds for termination fromdrug court; to provide that the drug court fee shall bein addition to all other fines and fees levied; and toprovide that payment of the fee may be ordered as aterm and condition of probation. ............................ 132 312 LAW

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35 DAY CARE FACILITIES EMPLOYEESVOLUNTEERS - Amends existing law to revisecriminal history checks for employees and volunteersin day care facilities; and to provide that persons whohave been found guilty of certain crimes againstchildren shall not be permitted on the premises of aday care facility except to pick up their own childrenfrom the facility. ............................................... - 51

Health andWelfare


35 STALKING - Repeals and adds to existing law toprovide for the crime of stalking in the first degreeand second degree; to define terms; and to set forthpunishment. ..................................................... - 37


Administration

574 Trail 35 FISH AND GAME - YOUTH LICENSE - Amendsexisting law to permit holders of youth licenses tohunt turkeys; and to authorize a reduced cost licenseto junior aged graduates of hunter safety courses......... - 57

Ways andMeans

575 Trail 36 DEFIBRILLATORS - Amends existing law relatingto immunity for the use of defibrillators to revise adefinition; and to remove references to defibrillatorsacquired pursuant to a prescription.......................... - 37

Health andWelfare

576 Trail 36 HIGHWAY COMMISSIONERS - Amends existinglaw to provide for the election of highwaycommissioners by subdistrict. ................................ - 37 State Affairs

577 State Affairs 36 WINE SAMPLE TASTING EVENTS - Adds toexisting law to provide that wineries and vintnersmay conduct or assist in wine sample tastings; toprovide that holders of retail wine licenses or wine bythe drink licenses may conduct wine sample tastingevents; to provide that a wine by the drink licenseshall not be required under certain circumstances; toset forth requirements applicable to sample tastingevents; to set forth additional requirements forvintner sample tastings; and to provide thatparticipation in an authorized wine sample tastingevent shall not constitute prohibited conduct orunlawful aid to a retailer. ..................................... - 37 State Affairs


37 DISTRICTS - Adds to and amends existing law toprovide procedures for dissolution of existing singlecountywide highway districts; and to provideprocedures where the electorate of a county adopts acountywide highway district. ................................. - 39

Transportationand Defense


37 MENTALLY ILL PATIENTS - RIGHTS - Amendsexisting law relating to the protection of the mentallyill to govern communication and visitation rights ofpatients, including access to a representative of thestate protection and advocacy system. ...................... 139 312 LAW(House Amendments – p. 106)

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580 State Affairs 37 EMERGENCY COMMUNICATIONSCOMMISSION - Amends and adds to existing law tocreate the Idaho Emergency CommunicationsCommission; to provide membership and terms ofoffice; and to provide purposes and responsibilities ofthe commission. ................................................ - 39 State Affairs

581 State Affairs 37 BANKRUPTCY - Amends existing law to include457 plans (deferred compensation) as being exemptfrom attachment in bankruptcy proceedings. .............. 100 312 LAW

582 Ringo 41 INCOME TAX CREDIT - Amends and adds toexisting law to provide an income tax credit to aresident individual or part-year resident individualbased on a percent of the amount of the federalearned income tax credit claimed on the individual'sfederal income tax return; to provide procedures; toprovide an additional income bracket and an increasein the rate of taxation for that bracket for taxable year2004 and each taxable year thereafter; to provide thata resident individual who has not reached hissixty-fifth birthday, is not required by law to file anIdaho income tax return, and who has received nocredit or refund, shall be entitled to a refund oftwenty dollars; and to provide that any refund shallbe paid to such individual only upon his makingapplication as may be prescribed by the State TaxCommission for carryover authority for unusedgrocery tax credits. ............................................ - 110

Revenue andTaxation

583 Trail 41 EDUCATIONAL SUPPORT PROGRAM - Amendsexisting law relating to the educational supportprogram to eliminate a cap on the amount to bedistributed for property tax relief; to eliminate a capimposed upon growth of the experience and educationmultiplier for instructional salaries; and to makenecessary adjustments in the distribution formula toaccomplish these changes. .................................... - 44

Ways andMeans

584 Trail 41 VOLUNTARY CONTRIBUTIONS ACT - Repealsand amends existing law to repeal the VoluntaryContributions Act of 2003. ................................... - 44

Ways andMeans

585 Business 41 MODULAR BUILDINGS - Amends and adds toexisting law to provide that modular buildings ormanufactured homes being built for shipment out ofstate shall be inspected with regard to certain lifesafety codes. .................................................... 127 312 LAW

586 AAS Judiciary, Rules,andAdministration

42 GOVERNMENTAL OFFICIALS - RELATIVESAmends existing law to allow merit increases orpromotions to an employee of a governmental entityholding a position prior to the election of a localgovernment official who is related within the seconddegree. ........................................................... 296 312 LAW(Senate Amendments – See Senate Journal)

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587 AA Judiciary, Rules,andAdministration

42 BAIL BONDSMAN - Amends existing law toprovide that the bail or bail bondsman shall, the nextjudicial day, file with the court in which the action orappeal is pending the certificate of surrender, andshall deliver a copy of the same to the countyprosecuting attorney. .......................................... 138 312 LAW(House Amendments – p. 106)


42 COUNTY SHERIFFS - Repeals existing law relatingto archaic statutes regarding escape liability forsheriffs, escape judgment against sheriffs, removal ofprisoners in case of fire and employment oftemporary guards at the jail. ................................. 65 294 LAW


42 BAIL - Amends existing law to provide that certainpersons not convicted of a felony and at leasttwenty-one years of age or older may be empoweredby the bail to arrest a defendant for surrender............. 188 295 Failed Senate(House Amendments – p. 150)


42 IDAHO COMMONSENSE CONSUMPTION ACTAdds to existing law to set forth the provisions of theIdaho Commonsense Consumption Act; to provide ashort title; to limit civil liability relating to thelong-term consumption of food; to provideexemptions; to define terms; to set forth requirementsfor pleadings; to provide for the stay of discovery andother proceedings; and to provide for application toclaims. ........................................................... 138 313 LAW(House Amendments – p. 106)


42 INMATES - Adds to and amends existing law toprovide a program where inmates committed to thecustody of the State Board of Correction may earn areduction of their sentence if they are eligible andcomply with a personalized program plan whileincarcerated; and to provide details of the plan. .......... - 44


Administration


42 DAMS - MINE TAILINGS IMPOUNDMENTSTRUCTURES - Amends existing law to providethat all dams or mine tailings impoundment structuresregulated by the Department of Water Resourcesshall be inspected at least once every five years .......... 169 312 LAW


43 DAMS - CONSTRUCTION - Amends existing lawto provide for a minimum fee in addition to theamount set forth in the fee schedule based uponreservoir storage capacity for dam safety design workby the Department of Water Resources..................... 162 312 LAW

594 Langford 43 AGRICULTURAL LAND PRESERVATION TAXAdds to and amends existing law to allow countycommissioners of certain counties to subject certainformerly agricultural lands to an agricultural landpreservation tax................................................. - 44

Revenue andTaxation

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595 Ringo 43 HUMAN RESOURCES REVIEW COMMITTEEAdds to existing law to create the Human ResourcesReview Committee; to set forth the composition ofthe committee; to provide for meetings; and torequire the submission of a report to the Legislature..... - 44

Commerce andHuman

Resources

596 State Affairs 44 SCHOOL DISTRICT TRUSTEES - Amends existinglaw to require recall petitions for trustees of schooldistricts to be canvassed not more than ten days fromthe date of filing. ............................................... 113 312 LAW

597 State Affairs 44 BEST VALUE IN CONTRACTING ACT - Adds toexisting law to provide for the consideration ofprojected tax revenue impacts in the award of certainpublic contracts; to provide for a rating factor; toprohibit certain bidders; and to authorize theDepartment of Administration to promulgate rules. ...... - 48 State Affairs

598 State Affairs 45 CONTRACTORS - IDAHO EMPLOYEES - Amendsexisting law relating to public works to requirecontractors, or persons in charge of a contract, to filecertain reports regarding employees that are bona fideIdaho residents.................................................. - 48 State Affairs


45 PROPERTY TAX - RURAL HOMESITEDEVELOPMENT - Amends existing law to specifyconditions for determining eligibility for theexemption from property taxes for certain parcels ofland in a rural homesite development plat; to providefor application for the exemption and an effectivedate; to provide that the exemption shall not apply toland which is part of a platted subdivision if there arerestrictions on its use for agricultural purposes; toprovide that the reordering of a plat subdivision shallnot by itself prohibit the exemption; and to defineterms. ............................................................ - 48

Revenue andTaxation


45 PROPERTY - TAX SALE - Amends existing lawrelating to the collection of delinquencies to providefor the apportionment of proceeds from theredemption tax sale of any property described in anydelinquency; and to include a remittance to the recordowner or owners or any party in interest of amountsremaining after deduction of the delinquency, latecharges, accrued interest, costs, fees and the costs oftransacting the sale. ............................................ - 48

Revenue andTaxation


45 SALES TAX EXEMPTION - Amends existing law toprovide an exemption from sales and use taxes forsales to or purchases by the Blind ServicesFoundation, Inc................................................. 114 294 LAW

602 Education 49 SCHOOL DISTRICT EMPLOYEES - Amendsexisting law relating to school district employees toauthorize the use of accrued sick leave to supplementworker's compensation payments............................ 128 312 LAW

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603 AAS Education 49 SCHOOL TRANSPORTATION - Amends existinglaw to authorize the board of trustees of a schooldistrict to renew a contract for school transportationwith an existing contractor without requiring furtherbids; and to require that certain provisions beincluded in the bidding notice. ............................... 308 312 LAW(Senate Amendments – See Senate Journal)

604 AA Transportationand Defense

49 OPTICAL STROBE LIGHTS - Adds to existing lawto define the term "optical strobe light device"; tolimit the use of an optical strobe light device tocertain vehicles; and to provide misdemeanorpenalties for violations. ....................................... 158 312 LAW(House Amendments – p. 122)


49 SOCIAL WORK - LICENSE - Amends existing lawrelating to the Board of Social Work Examiners toclarify that the application fee includes the originallicense fee. ...................................................... 72 294 LAW

606 State Affairs 49 SNAKE RIVER - Adds to existing law to providethat when an oxbow in the Snake River wasartificially created by highway construction and theoxbow is suitable and desirable for recreationalpurposes and that at the time of construction, pipes orculverts were placed under the new highway to allowunrestricted flow of Snake River water into and outof the newly created oxbow, that the oxbow shall beconsidered a permanent part of the natural channel ofthe Snake River................................................. - 51 State Affairs

607 State Affairs 49 DEPARTMENT OF COMMERCE AND LABORAmends and repeals existing law to accomplish thecombination of the Department of Labor and theDepartment of Commerce into a single department ofstate government; to clarify the powers and duties ofthe new Department of Commerce and Labor and theDirector of the Department of Commerce and Labor;to provide for continuation of delivery of existingservices; to provide name changes in certain statutes;and to provide that references to either of theprevious departments constitute references to the newDepartment of Commerce and Labor. ...................... 108 313 LAW

608 State Affairs 49 STATE TREASURER - WARRANTS - Amendsexisting law to provide that the State Treasurer mustpay warrants on any of the several funds in his officeas prescribed by law, provided that the StateTreasurer and his employees reserve the right to denythe cashing of warrants in the Treasurer's office thattotal more than two thousand dollars; and to providethat any or all warrants totaling more than twothousand dollars must be cashed or deposited atanother financial institution................................... 113 312 LAW

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51 CAPITAL CASES - SENTENCING - Amendsexisting law relating to sentencing in capital cases toprovide that certain information concerning the victimand the impact of the victim's death is relevant andadmissible; and to provide that characterizations andopinions about the crime, the defendant and theappropriate sentence shall not be permitted as part ofany victim impact information. .............................. 187 312 LAW(House Amendments – p. 150)


53 CHILDREN'S VILLAGE DONATION - INCOMETAX CREDIT - Amends existing law to provide anincome tax credit for charitable contributions made toChildren's Village, Inc. or its foundation. ................. 114 294 LAW

611 EnvironmentalAffairs

53 HAZARDOUS WASTE DISPOSAL FEES - Amendsexisting law to provide fees for certain manifestedremediation wastes; and to revise fees for disposal ofcertain hazardous wastes, PCBs and hazardous debrisat commercial hazardous waste disposal facilities orpermitted sites. ................................................. 113 294 LAW

612 Local Government 54 MOBILE HOME PARK - TENANTS - Amendsexisting law relating to the Mobile Home ParkLandlord-Tenant Act to provide clarification; and toincrease the notice time which must be given beforetermination of a tenancy....................................... - 57

LocalGovernment


54 AQUACULTURE - Adds to existing law to providefor the Idaho Aquaculture Commission; to providepowers and duties of the commission; to provide forthe deposit and disbursement of funds; to provide foraudits and reports; to provide for assessments; and toprovide for refunds............................................. - 57

AgriculturalAffairs


54 COMMODITY INDEMNITY FUNDCOMMISSION - Amends existing law to revisecompensation provisions for members of theCommodity Indemnity Fund Commission.................. 79 312 LAW


54 SEED INDEMNITY FUND COMMISSIONAmends existing law to revise compensationprovisions for members of the Seed Indemnity FundAdvisory Committee........................................... 79 312 LAW


54 HIGHWAYS - SLOW MOVING VEHICLESAmends existing law to clarify the operation of slowmoving vehicles on public highways........................ 128 312 LAW


54 MEDICAL RECORDS - Adds to existing law toprovide access to medical records about a person bythat person....................................................... - 57

Health andWelfare

618 Business 57 INSURERS - Amends existing law to provide that adomestic reciprocal insurer with fewer than sevensubscribers that insures only worker's compensationrisk and that only issues fully assessable policies shallnot be defined as a property and casualty insurer......... 131 312 LAW

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619 Business 57 HEALTH INSURANCE - Amends existing lawrelating to certain health insurance premium rates toremove sunset provisions; and to delete languagerequiring a review and report by the director of theDepartment of Insurance. ..................................... 131 313 LAW

620 Business 58 VOLUNTARY GROUP LIFE INSURANCEAmends existing law to eliminate the restriction onthe sale of voluntary group life insurance policies foremployee groups, labor union groups, trustee groupsand dependents' coverage..................................... 146 312 LAW

621 Business 58 MOTOR VEHICLES - RENTAL - Amends existinglaw to revise provisions applicable to insurancecoverage for motor vehicles offered to the public fortemporary rental or hire....................................... - 59 Business

622 Business 58 PETROLEUM CLEAN WATER TRUST FUNDBOARD - Amends existing law relating to the IdahoPetroleum Clean Water Trust Fund to provide that amajority of the board members shall constitute aquorum for the transaction of all business; to removelanguage requiring a majority vote for board actions;to provide that specified conflict of interest provisionsshall be applicable to board members; to provide thatthe board and its employees shall not be personallyliable in a private capacity for or on account ofcertain acts or contracts; and to provide that actionsagainst the board shall be subject to the Idaho TortClaims Act. ..................................................... 131 312 LAW


58 FISH AND GAME - Amends existing law relating tofish and game to restrict certain publicationrequirements to season closure orders. ..................... 117 312 LAW

624 State Affairs 60 TELEPHONE CORPORATIONS - ANTITRUSTAmends and adds to existing law to clarify and limitthe exemption from antitrust liability for telephonecorporations that have elected regulation pursuant toChapter 6, Title 62, Idaho Code; and to permit theIdaho Public Utilities Commission to establishminimum pricing of basic local exchange service. ....... 100 100

SenateState Affairs

625 AA State Affairs 60 CITYWIDE MEASURES - Amends existing law toprovide that campaign expenditure reporting shallalso apply to elections on citywide measures; toprovide applicability to cities of five thousand ormore population; and to provide that the city attorneyshall stand in place of the attorney general when thecampaign reporting law applies to elections in certaincities. ............................................................. 158 312 LAW(House Amendments – p. 123)


61 ASSISTED LIVING FACILITIES - Amends existinglaw to establish the maximum staffing levelrequirements of an assisted living facility. ................. - 66

Health andWelfare

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61 DRUG DEPENDENT PERSONS - HEALTH ANDWELFARE - Amends existing law to delete a sunsetclause in order to maintain authorization to thedirector of the Department of Health and Welfare toprovide welfare assistance to drug dependent personsunder certain circumstances. ................................. 124 312 LAW


61 ASSISTED LIVING FACILITIES - Adds to existinglaw to provide that electronic signatures areacceptable under conditions specified in recordsrelated to licensed residential or assisted livingfacilities, including certified family homes. ............... - 122

Health andWelfare

629 State Affairs 61 CODIFIER CORRECTIONS - Amends existing lawto "clean up" various code sections and subsectionsby renumbering those code sections or subsectionsthat were redesignated by the compiler of the IdahoCode as a result of multiple amendments to codesections during the 2003 Legislative Session. ............. 129 313 LAW

630 AA State Affairs 61 PUBLIC UTILITIES COMMISSION - Amendsexisting law to provide that on July 1, 2004, and eachJuly 1 thereafter, the annual salary of eachcommissioner of the Public Utilities Commissionshall be increased by the change in employeecompensation adopted by the Legislature forclassified state employees, unless the Legislaturedesignates otherwise by adoption of a concurrentresolution. ....................................................... - 188 State Affairs(House Amendments – p. 150)

631 AA Education 61 COMMUNITY COLLEGES - Amends existing lawto provide that the boards of trustees of communitycollege districts shall be authorized and empoweredto cooperate with county commissioners, mayors, citycouncils and school district boards of trustees; and topermit the use of community college equipment andfacilities for county, city and school district purposes. .. 158 313 LAW(House Amendments – p. 122)

632 Education 61 MEDICAL INHALERS - SCHOOL POLICY - Addsto existing law to provide that the school board oftrustees of each school district shall adopt a policygoverning medical inhalers and self-administration ofmedication. ...................................................... 156 312 LAW


67 WATER RIGHTS - Amends existing law to providethat no portion of any water right shall be lost orforfeited for nonuse if the nonuse results from waterrights being used for mitigation purposes approved bythe director of the Department of Water Resources,including as a condition of approval for a new waterright appropriation, a water right transfer, a waterexchange or a mitigation plan. ............................... 162 312 LAW

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67 IRRIGATION - DRAINAGE - Amends and adds toexisting law to require permission from owners ofirrigation rights-of-way for encroachments of anykind on the rights-of-way; and to clarify thatprotection from adverse possession applies toeasements as well as to rights-of-way of irrigationand drainage districts. ......................................... 189 312 LAW(House Amendments – p. 150)

635 AAS Resources andConservation

68 DAMS - DEPARTMENT OF WATERRESOURCES - Amends existing law to furtherdefine the term "dam" to clarify the jurisdiction ofthe Department of Water Resources relative to certainbarriers that store water; to include a reference tocriteria for barriers; and to regulate liability whenrelying on criteria. ............................................. 296 312 LAW(Senate Amendments – See Senate Journal)


68 WATER RIGHTS - Amends existing law to furtherdefine "consumptive use." .................................... 189 312 LAW(House Amendments – p. 151)


68 SCALING PRACTICES BOARD - Amends existinglaw to decrease from four to two the number ofmeetings the Board of Scaling Practices shall hold ineach calendar year. ............................................ - 74

Resources andConservation

638 Commerce andHuman Resources

68 PERSONNEL SYSTEM - Amends existing law toprovide for a benefit survey to be conducted annuallyfor the purpose specified in law; to provide duties ofthe administrator of the Division of Human Resourcesfor conducting or approving such surveys andsubmitting reports of the results of salary and benefitsurveys to the Governor by December first of eachyear; to provide that the Governor shall submit hisrecommendations to the Legislature; and to providefor a legislative response to the Governor'srecommendations. .............................................. 132 313 LAW


68 STATE EMPLOYEES - Amends existing lawrelating to state employees to clarify that a holiday iseight hours of exemption from work granted toemployees with compensation as if they actuallyworked. .......................................................... 148 148 Failed House


68 MEDICAL EXAMS - PATIENT RIGHTS - Adds toexisting law to set forth patient rights related tomedical examinations. ......................................... - 74


Administration


68 DRUG CRIMES - Amends existing law to providefor sentencing in cases involving certain drug crimeswhere the violation occurred within one thousand feetof a head start, preschool, day care center, familyday care home or group day care facility orsponsored activity; and to prohibit the expungementof convictions for certain drug crimes from juvenilerecords under certain circumstances. ....................... 156 156

SenateJudiciary and

Rules

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68 JUDGES - Amends existing law to revise provisionsrelating to the election of administrative judges; andto provide that the term of service of elected andappointed administrative judges shall be provided bythe rules of the Idaho Supreme Court....................... 132 313 LAW


68 DOCUMENTS - FILE WITH COURT - Adds toexisting law to provide for an expansion of time forcommencing actions or filing documents subject tolimitations of actions in the event of closure of theoffice of the clerk of the district court upon thehappening of certain conditions. ............................. 132 313 LAW


68 COURT ASSISTANCE OFFICES - Adds to existinglaw to authorize the Supreme Court to establishcertain fees relating to materials, training and otherservices provided by court assistance offices andcoordinated family services; to provide for waivers ofthe fees; and to provide for the collection, depositand dedication of the fees. .................................... 133 313 LAW

645 State Affairs 69 LIQUOR LICENSE - Amends existing law relatingto the retail sale of liquor to provide application ofprovisions governing split ownership of a facility to agolf course for purposes of issuance of a liquorlicense. ........................................................... 144 312 LAW

646 State Affairs 69 HEALTH INSTITUTION - Amends existing law toclarify that the term "health institution" includesprivate, not-for-profit hospitals, corporations orinstitutions or public hospitals or institutionsauthorized by law to provide or operate healthfacilities, whether directly or indirectly throughaffiliates in Idaho. .............................................. 208 313 LAW

647 State Affairs 69 PUBLIC EMPLOYEES - PERSONAL LIABILITYAmends existing law to provide for required specificpleadings for any claim alleging personal liability bya public employee; to provide for dismissal of claimsif certain circumstances occur; to provide for theaward of reasonable attorney's fees to the publicemployee if certain circumstances occur; and todefine the term "public employee." ......................... 164 164

SenateState Affairs

648 Appropriations 69 HAZARDOUS SUBSTANCE EMERGENCYRESPONSE FUND - Amends existing law to createthe Hazardous Substance Emergency Response Fund;and to provide that recoveries by the state forreimbursed costs shall be deposited to the fund. .......... 108 312 LAW


76 MANUFACTURED HOUSING - Amends existinglaw to provide that new manufactured housing shallbe subject to the occupancy tax. ............................. 130 312 LAW

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76 REAL PROPERTY - TRANSFERS - Adds to andamends existing law relating to the transfer of realproperty to provide a statement of intent; to providefor reporting of a transfer and change in ownershiprecords; to provide for a property transfer certificatewhereby the purchaser discloses the sales price ordeclares that the information is exempt fromdisclosure; to provide confidentiality; to provide civiland criminal penalties; and to provide that propertytransfer certificates are exempt from disclosure........... - 81

Revenue andTaxation

651 AAAAS

Revenue andTaxation

76 INCOME TAX CREDIT - Amends existing law toprovide that for the income tax credit for newemployees who are earning an average of fifteendollars and fifty cents per hour and are eligible foremployer provided health and accident coverage, thecredit shall be one thousand dollars per employee........ 297 313 LAW(House Amendments – p. 150)(Senate Amendments – See Senate Journal)

652 Local Government 76 HISTORICAL STATUES - MONUMENTS - Addsto existing law to provide a rebuttable presumptionthat certain statues and monuments have historicalsignificance and value; to provide for approval by theBoard of Trustees of the Idaho State HistoricalSociety prior to movement or removal of such statuesand monuments; and to require the Attorney Generalto provide representation on behalf of politicalsubdivisions under certain circumstances. ................. - 81 State Affairs


77 DOMESTIC CERVIDAE FARMS - Adds to andamends existing law to provide for the registration ofdomestic cervidae farms and ranches; to provide forharvesting of domestic cervidae; to provide forofficial permanent identification; to provide for dutiesand authority relating to the escape of domesticcervidae; to provide for wild ungulates; and to revisefee provisions. .................................................. 175 312 LAW


77 SINGLE COUNTYWIDE HIGHWAYS DISTRICTSAdds to and amends existing law to provideprocedures for dissolution of existing singlecountywide highway districts; and to provideprocedures where the electorate of a county adopts acountywide highway district. ................................. 140 313 LAW


77 LOCAL HIGHWAY ECONOMIC INVESTMENTFUND - Adds to and amends existing law to createthe Local Highway Economic Investment Fund; toprovide moneys for the fund from increases in motorvehicle certificate of title fees; to provide forapportionment of moneys from the fund to the LocalHighway Technical Assistance Council for localhighway projects, local matches for federally-fundedroad and bridge projects and for administrative costs;and to require annual reporting to the germanecommittees of the Idaho Legislature. ....................... 186 186 Failed House

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77 PASTORAL COUNSELORS - Repeals existing lawrelating to the licensure of pastoral counselors. ........... 171 313 LAW


77 SUBSTANCE ABUSE - REPORT TO EMPLOYERAmends and adds to existing law to require healthcare providers to report certain information relatingto substance abuse; and to provide a controlledsubstance abuse disclosure requirement on employersof providers. .................................................... - 81

Health andWelfare


78 LONG-TERM CARE PARTNERSHIP PROGRAMAdds to existing law to adopt the Long-term CarePartnership Program; to specify the operation of theprogram; to specify terms of eligibility; to provideadministration by the Department of Health andWelfare with participation by the Department ofInsurance; and to provide that the law becomeseffective when necessary federal repeal of restrictionsoccur. ............................................................ 144 312 LAW


78 NURSES - Amends existing law to remove physiciansupervision requirements applicable to certified nursemidwives, clinical nurse specialists and nursepractitioners; and to require peer review for renewalof license......................................................... 159 312 LAW(House Amendments – p. 123)


78 LIBRARY DISTRICTS - Amends existing law toprovide that the dollar amount of property taxes for anewly consolidated library district's budget shall notexceed one-tenth percent of the market value forassessment purposes; to increase the allowable levyfor the maintenance and operation portion of thebudget to a maximum of one-tenth percent of marketvalue for assessment purposes; to place a limit oninitial indebtedness. ............................................ - 81

Revenue andTaxation


78 HOSPITAL DISTRICTS - Amends and adds toexisting law to revise the procedures for thedissolution of hospital districts. .............................. 130 312 LAW


78 LIBRARY DISTRICTS - Amends existing law toprovide that any tax-supported city library, whethercontiguous or noncontiguous to a library district, mayjoin an established library district by majority vote ofthe qualified electors of the city. ............................ - 81

Revenue andTaxation


78 FOREST LAND - Amends existing law to providethat in the event payment is offered or made fortaxation of forest lands, it shall be accepted by thecounty treasurer and applied in the manner ofpayment of other property tax................................ 144 312 LAW

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83 TESTIMONY - FALSE - Adds to existing law toprovide a cause of action for the recovery of damagesagainst persons or entities that produce false ormisleading information, either during sworntestimony or to a fact-finder or governmental entity,that results in injury to a person. ............................ - 87


Administration


83 TRUSTS - Amends existing law relating tononprobate transfers from a decedent's estate tospecify procedure to govern settlement of claimsagainst a nontestamentary trust; and to provide timefor claims to be presented, manner of presentationand the effect of presentation................................. - 87


Administration


83 DOGS - VICIOUS - Amends existing law to providethat a dog that injures any livestock, poultry,domesticated animals or animals kept in captivity forcommercial purposes that are not trespassing isvicious; and to provide that the court may order that avicious dog be destroyed upon a first violation............ - 236


Administration(House Amendments – p. 202)


83 SCHOOL GROUNDS - VIOLENCE - Adds toexisting law to provide that a person who willfullythreatens to commit a violent act on school groundsby use of a firearm, explosive or deadly or dangerousweapon is guilty of a misdemeanor.......................... 162 163

SenateJudiciary and

Rules


83 STALKING - Repeals, amends and adds to existinglaw to provide for the crimes of stalking in the firstand second degree; to define terms; to set forthpunishment; and to provide code references. .............. 133 312 LAW


83 PUBLIC LANDS - Amends existing law to reviseprocedures relating to the duty of the Director of theDepartment of Lands in contested cases; to providethat certain actions by the State Board of LandCommissioners relating to direction, control ordisposition of public lands shall not be considered tobe contested cases; and to provide for exceptions ........ 147 312 LAW


83 FOREST PRACTICES ADVISORY COMMITTEEAmends existing law to increase membership of theForest Practices Advisory Committee from eightmembers to nine members; to clarify membership ofthe committee; and to provide that one member shallbe a nonindustrial forest landowner and one membershall be an at-large member. ................................. 130 312 LAW

671 Business 83 BUSINESS CORPORATIONS - Amends, repealsand adds to existing law to revise the "Idaho BusinessCorporation Act." .............................................. 176 313 LAW

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672 Business 86 ELECTRICAL CONTRACTORS/JOURNEYMENAmends existing law relating to electrical contractorsand journeymen to provide the scope of the chapter;to provide exemptions from the provisions of thechapter; to provide exemptions from licensure; todelete references to a repealed law; to revisedefinitions; and to delete the code section providingexemptions. ..................................................... - 87 Business

673 Business 86 WORKER'S COMPENSATION - Amends existinglaw to provide a statute of limitations on medicalbenefits in denied worker's compensation claims......... - 87 Business

674 Business 86 WORKER'S COMPENSATION - Amends existinglaw relating to worker's compensation to provide thatevaluations of permanent impairment shall only bemade by a qualified physician................................ - 87 Business

675 Business 86 INSURERS - HEALTH CARE POLICIES - Adds toand amends existing law to set forth requirements forinsurers offering health care policies that do not meetthe definition of managed care plans; to provide thathealth care providers shall not require insureds tomake additional payments for covered services undercertain plans other than specified deductibles,copayments or coinsurance once the provider agreesin writing to accept the insurer's reimbursement rate;and to revise the definition for "managed care plan.".... - 87 Business

676 AA EnvironmentalAffairs

89 HAZARDOUS WASTE - TRANSPORTATIONAmends existing law to provide references toradioactive materials; to set forth permit requirementsfor persons who transport certain nuclear wastes; andto provide for permit fees..................................... 159 159

SenateGeneralOrders

(House Amendments – p. 123)


89 AGRICULTURAL EQUIPMENT - Amends existinglaw to provide that certain agricultural equipmentshall not be considered food establishments. .............. 140 312 LAW


89 CROP MANAGEMENT AREAS - Amends existinglaw to provide for petitions for the establishment ofcrop management areas in areas where fewer thantwenty-five registered electors reside. ...................... 175 312 LAW


89 AGRICULTURAL COMMODITY DEALERSAmends existing law to revise provisions relating tocertain liens of agricultural commodity producers andagricultural commodity dealers; to revise provisionsrelating to the attachment of certain liens ofagricultural commodity producers and agriculturalcommodity dealers; and to revise provisions relatingto the priority of certain liens of agriculturalcommodity producers and agricultural commoditydealers............................................................ - 95

AgriculturalAffairs

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89 SOIL AND PLANT AMENDMENTS - Amendsexisting law to prohibit local regulation andlegislation relating to soil and plant amendments ......... - 124

AgriculturalAffairs


89 FERTILIZER - Adds to and amends existing law toprohibit local regulation and legislation relating tofertilizers......................................................... - 124

AgriculturalAffairs


89 BEEF CATTLE FEEDING OPERATIONSAmends existing law relating to beef cattle feedingoperations to provide additional requirements fornutrient management plans; and to revise theauthority granted to the Director of the Department ofAgriculture relating to the inspection of beef cattlefeeding operations.............................................. 187 312 LAW


90 POTATO COMMISSION - Repeals, adds to andamends existing law to revise the powers and dutiesof the Potato Commission; to authorize and direct thePotato Commission to disseminate certain informationrelating to commodity facts and benefits; and toprovide for the deposit of penalties.......................... 140 312 LAW


90 FUEL TAX REFUND - Amends existing law toprovide that no refund of special fuels tax shall bepaid on special fuels used while idling a registeredmotor vehicle; and to define "idling." ...................... 128 312 LAW

685 Local Government 90 ANNEXATION - Adds to and repeals existing law torequire a city to give notice of intent to annex, tohold a public hearing and to hold an election in theaffected area if certain events occur; to provide forthe annexation of adjacent territory by cities; and toprovide for annexation of noncontiguous territorywhich is occupied by a municipally owned oroperated airport or landing field, with limitations ........ - 95

LocalGovernment

686 Local Government 90 FIRE MARSHAL ORDERS - Amends existing lawto increase the penalty for owners or occupantsfailing to comply with orders of the state fire marshalfor remedy or removal; to designate the entities towhich penalties shall be payable; to provide thatpenalties may be recovered in certain civilenforcement actions under the direction of attorneysfor fire districts; and to provide for the award andpayment of reasonable attorney's fees and costs .......... 171 312 LAW

687 Local Government 90 MOBILE HOME PARKS - Amends existing lawrelating to the Mobile Home Park Landlord TenantAct to increase the notice time which must be givenbefore termination of a tenancy upon cessation ofoperation......................................................... - 95 Business

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688 Local Government 90 LOCAL IMPROVEMENT DISTRICTS - BUSINESSIMPROVEMENT DISTRICTS - Amends existinglaw relating to local improvement districts andbusiness improvement districts to revise initiatingpetition requirements; to delete provisions of law andrelated references which allow a council to initiate theorganization of a district; to revise the terms andconditions by which owners of property may protestproposed improvements; to delete provisionsproviding for creation of a district as proposed by anoncity, noncounty governing board; to require theapproval of at least sixty-seven percent of businesseswhich may be added, and at least sixty-seven percentof businesses paying assessments which may beexcluded from, a district due to a proposed change inboundaries; to remove authority of a legislativeauthority to contract for the administrative operationof a business improvement district; to provide thatproceedings to change the rate of assessment orimpose an additional rate of special assessments shallterminate if a protest is made by thirty-three percentor more of the businesses in the proposed district;and to provide that a legislative authority shalldisestablish a district if thirty-three percent or moreof the businesses in the district petition in writing fordisestablishment. ............................................... - 95

LocalGovernment

689 Local Government 91 AUDITORIUM DISTRICT - Amends existing law toprohibit the use of auditorium district funds toadvertise or promote a measure, including a ballotmeasure. ......................................................... - 115

Revenue andTaxation

690 Local Government 91 HOTEL/MOTEL TAX - Amends existing law toprovide for a graduated hotel/motel room tax ratebased on the proximity of the taxpayer hotel or motelto the facility being financed. ................................ - 115

Revenue andTaxation

691 State Affairs 91 WINE SAMPLE TASTING EVENTS - Adds toexisting law to provide that wineries, vintners anddistributors may conduct or assist in wine sampletastings; to provide that holders of retail wine licensesor wine by the drink licenses may conduct winesample tasting events; to provide that a wine by thedrink license shall not be required under certaincircumstances; to set forth requirements applicable tosample tasting events; to set forth additionalrequirements for vintner sample tastings; and toprovide that participation in an authorized winesample tasting event shall not constitute prohibitedconduct or unlawful aid to a retailer. ....................... 128 312 LAW

692 State Affairs 91 EMERGENCY COMMUNICATIONSCOMMISSION - Amends and adds to existing law tocreate the Idaho Emergency CommunicationsCommission; to provide membership and terms ofoffice; and to provide purposes and responsibilities ofthe commission. ................................................ 133 313 LAW

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693 AAS State Affairs 91 ANATOMICAL GIFTS - Amends existing law torevise the requirement for the making of ananatomical gift and for informed consent to include astatement that tissues or parts may be retrieved and/orused by for-profit procurement entities. .................... 297 313 LAW(Senate Amendments – See Senate Journal)


91 NURSING LICENSES - Amends existing lawrelating to the Idaho Board of Nursing to requireapplicants for original licensure and for licensereinstatement to submit to criminal backgroundchecks. ........................................................... 157 312 LAW


91 NATUROPATHS - Adds to existing law to providefor the regulation and licensure of practitioners ofnaturopathic medicine; to define scope of practice; tospecify prohibitions; to specify exemptions; toprovide for the creation of the Board of NaturopathicMedical Examiners; to specify powers and duties ofthe board; to provide establishment of theNaturopathic Formulary Council; to specify fees; toprovide qualifications for licensure; to provide arestricted licensure of current practitioners ofnaturopathic medicine; to provide license standardsfor out-of-state applicants; to provide forinvestigation, hearings and subpoena powers; toprovide disciplinary action; to provide for denial andrevocation procedures; and to provide enforcementpenalties.......................................................... - 95

Ways andMeans


92 WEIGHT CONTROL PILOT PROJECT - Adds toexisting law to direct the Director of the Departmentof Health and Welfare to apply for a waiver toconduct a pilot project for services related to weightcontrol if funding is available; and to providelimitations. ...................................................... 189 312 LAW(House Amendments – p. 150)


92 AIR MEDICAL SERVICES - Amends existing lawto provide for the adoption of rules by the Board ofHealth and Welfare concerning criteria for the use ofair medical services by certified emergency medicalservices personnel at emergency scenes. ................... 157 313 LAW


92 HEALTH INSURANCE - Amends existing law todelay implementation of Chip Plan B and theChildren's Access Card Program and the SmallBusiness Health Insurance Pilot Program. ................. - 95

Health andWelfare


97 COLLEGE/UNIVERSITY RESEARCH STAFFAmends existing law to provide that an employeeshall be deemed a vested member of the PublicEmployee Retirement System if the employee was anemployee of a state college, university, communitycollege or professional-technical center in a researchposition primarily funded by federal or private grantfunds.............................................................. - 103

Commerce andHuman

Resources

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97 BIG GAME DEPREDATION - Amends existing lawto revise provisions relating to payment of specifiedclaims from the Big Game Primary DepredationAccount and the Big Game Secondary DepredationAccount; to clarify provisions relating tocompensation from the Big Game PrimaryDepredation Account for certain crop losses anddamage claims; to provide for additional claims; torevise procedures relating to the determination andpayment of certain damage claims; to reviseprocedures and duties relating to specified arbitrationpanels; and to revise procedures relating to thedetermination, processing and payment of claims fordamage or destruction by black bears or mountainlions. ............................................................. 147 312 LAW


97 NURSING ASSISTANTS - Amends existing law todefine "nursing assistant"; and to require licensure ofnursing assistants by the Board of Nursing on andafter July 1, 2006. ............................................. - 103

Health andWelfare

702 Business 97 STATE EMPLOYEES - MENTAL ILLNESSINSURANCE - Adds to existing law to provide thatstate employees with serious mental illnesses must notbe discriminated against in group disability insurancebenefits or group health care service coverages; todefine "serious mental illness"; to providerequirements for coverage of serious mental illness;to provide for a report to the Legislature of additionalcosts incurred to provide the coverage; and to providea sunset date..................................................... - 103 Business

703 Business 97 AGRICULTURAL EQUIPMENTDEALERS/SUPPLIERS - Amends and adds toexisting law to revise certain contractual requirementsbetween suppliers and dealers of agriculturalequipment; to provide certain prohibited practices; toprovide for arbitration in Idaho; to revise proceduresregarding warranty claims; and to provide applicationto certain data processing software. ......................... - 103 Business

704 Business 98 HEALTH INSURANCE - Adds to existing law toprovide for electronic access to health insuranceinformation; to provide for notification; to providefor paper copies upon consumer request; and todefine "carrier." ................................................ - 103

Ways andMeans

705 Business 98 HEALTH INSURANCE - CLAIMS PAYMENTAdds to existing law relating to the prompt paymentof health insurance claims; to define terms; toprovide for the timing and method of claim payments;to provide for provider billing; to provide for interestpayments; and to provide exceptions........................ - 103 Business

384 HOUSE INDEX



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706 Business 98 COSMETOLOGY BOARD - Amends existing law todelete language providing for the appointment ofcosmetologists to the Cosmetology Board by theGovernor; to provide that the board shall appointlicensed persons to serve as examining assistants forthree year terms to assist the board in theadministration of licensure examinations; and toprovide for compensation for examining assistants. ...... 146 313 LAW

707 Business 98 HEALTH INSURANCE - Adds to existing law toprovide for a discount based upon an individual'sweight or adherence to a schedule for physicals; andto allow for financial incentives.............................. - 103 Business

708 Business 98 HEALTH INSURANCE - Amends existing lawrelating to health insurance to require coverage forexpenses for services related to morbid obesity. .......... - 103

Ways andMeans

709 Business 98 HEALTH INSURANCE - PAYMENT OF CLAIMSAdds to existing law relating to insurance to defineterms; to require the prompt payment of claims; toprovide for interest payments; to provide exceptions;and to provide penalties. ...................................... - 103 Business

710 Business 98 EMERGENCY SERVICES - Amends existing law toprovide for the reimbursement of emergencyservices; to provide application; and to define terms..... - 103 Business

711 State Affairs 99 IDAHO STATE INDEPENDENT LIVINGCOUNCIL - Adds to and amends existing law toprovide legislative intent; to create the Idaho StateIndependent Living Council; to provide exemptionfrom certain state laws; to provide powers of theIdaho State Independent Living Council; to providefor appointment of directors of the Idaho StateIndependent Living Council; to provide for allocationof funds by designated state units; and to create theIdaho Independent Living Council Fund. .................. 156 313 LAW

712 State Affairs 99 STATE RAPTOR - Adds to existing law to designatethe Peregrine Falcon as the state Raptor of the stateof Idaho. ......................................................... 157 313 LAW

713 Education 99 SCHOLARSHIPS - Amends existing law relating tothe state scholarship program to provide that the grantpayment for category B students is for the first yearof attendance in the maximum amount of onethousand dollars. ............................................... - 175 Education

714 EnvironmentalAffairs

105 MOTOR VEHICLE INSPECTIONS - EMISSIONSAdds to existing law to provide for the adoption ofmotor vehicle emissions control programs bycounties, and cities in certain counties; and to provideprocedures. ...................................................... - 110

EnvironmentalAffairs

HOUSE INDEX 385



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715 Appropriations 105 APPROPRIATIONS - SPECIES CONSERVATIONOFFICE - Appropriates $2,080,100 to the Office ofthe Governor for the Office of Species Conservationfor fiscal year 2005; and authorizes 6 full-timeequivalent positions. ........................................... 129 232 LAW


105 PROPERTY TAX EXEMPTION - Adds to existinglaw to provide an exemption from property tax,which must be applied for annually, for an individualaged seventy years or older who is the record ownerholding title in fee simple, or who has retained orbeen granted a life estate, and who occupies thehomestead as the individual's primary dwelling place ... - 110

Revenue andTaxation


105 COMMUNITY COLLEGE - TUITION - Amendsexisting law relating to community colleges andtuition payments by a resident county to revise theliability limits of a county which is liable for out ofdistrict tuition. .................................................. - 110

Revenue andTaxation

718 Appropriations 111 APPROPRIATIONS - PARKS AND RECREATIONDEPARTMENT - Appropriates $33,730,800 to theDepartment of Parks and Recreation for fiscal year2005; limits the authorized full-time equivalentpositions to 158.25; provides intent that all revenuegenerated from the operation of an EntrepreneurialBudget System be deposited in the Special RevenueFunds for the Department of Parks and Recreation;reappropriates moneys for the Bruneau DunesScience Center Challenge Grant Program;appropriates $1,663,100 to the Lava Hot SpringsFoundation for fiscal year 2005; and limits thenumber of full-time equivalent positions for the LavaHot Springs Foundation to 10. ............................... 139 232 LAW

719 Ways and Means 111 LIVESTOCK - POULTRY - FISH - Adds to existinglaw to authorize, in order to provide disease control,the Division of Animal Industries to promulgate rulesfor the identification of livestock, poultry or fish; andto provide for registration of premises wherelivestock, poultry or fish are held. .......................... - 115

AgriculturalAffairs


111 INTERNAL REVENUE CODE - Amends existinglaw to update references to the Internal RevenueCode; and to provide that the adjusted basis ofdepreciable property, depreciation and capital gainsand losses shall be computed without regard tosubsection (k) of Section 168 of the Internal RevenueCode; to provide that no deduction shall be allowedrelating to expenses of elementary and secondaryteachers otherwise allowable under Section62(a)(2)(D) of the Internal Revenue Code. ................ 127 214 LAW

721 Appropriations 111 APPROPRIATIONS - DEPARTMENT OF FISHAND GAME - Appropriates $75,456,700 to theDepartment of Fish and Game for fiscal year 2005;and limits the number of full-time equivalentpositions to 522................................................. 139 232 LAW

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722 Appropriations 111 APPROPRIATIONS - CATASTROPHIC HEALTHCARE - Appropriates $12,160,500 for CatastrophicHealth Care for fiscal year 2005............................. 140 232 LAW

723 Appropriations 111 APPROPRIATIONS - PUBLIC HEALTHDISTRICTS - Appropriates $9,488,400 to the PublicHealth Trust Fund for fiscal year 2005. .................... 140 232 LAW


111 INSURANCE - PREMIUM TAX - Amends andrepeals existing law to revise the rate of the premiumtax; and to revise the percentage of assets requiredfor reduced premium taxes. .................................. 170 313 LAW

725 State Affairs 112 INSURANCE - SELF-FUNDED - Amends existinglaw to provide that no registration under theinsurance laws is required for any self-funded planadministered by or for any city, highway district,school district or hospital district. ........................... - 115 Business

726 AA State Affairs 112 PUBLIC EMPLOYEE RETIREMENT SYSTEMAmends existing law relating to the Public EmployeeRetirement System to provide circumstances when thealternate payee is the member's named contingentannuitant and is waiving all survivor benefits as thenamed contingent annuitant; to provide foradjustment of a member's benefit if an alternatepayee waives all survivor benefits otherwise payableas a contingent annuitant; and to provide for thepayment of benefits when survivor benefits arewaived pursuant to a domestic retirement order. ......... 188 313 LAW(House Amendments – p. 150)

727 Education 112 SEX OFFENDERS - Adds to and amends existinglaw to provide prohibited employment locations andprohibited behavior of adult sex offenders and ownersand operators of day care facilities; to provideprohibited employment locations and prohibitedbehavior of juvenile sex offenders and owners andoperators of day care facilities; to provide penalties;to waive Juvenile Corrections Act jurisdiction overcertain juvenile sex offenders; to provide notificationto sex offenders and juvenile sex offenders ofprohibited conduct; and to provide for judicial relieffor adult or juvenile sex offenders of certainemployment prohibitions. ..................................... 163 312 LAW

728 AA Education 112 TEACHERS - Adds to existing law to authorize arequirement in technology proficiency for teachers; toprovide that a waiver process shall be adopted; and toprovide certain limitations for waivers. .................... 236 314 LAW(House Amendments – p. 202)

729 State Affairs 116 INFANT DEATH - AUTOPSY - Amends existinglaw to require an autopsy under specified conditionsof unexplained infant death if the coroner records thedeath as sudden infant death syndrome (SIDS)............ - 119


Administration

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730 State Affairs 116 CONFINED FEEDING OPERATIONS - Amendsexisting law to strike a restriction entitling onlycertain persons to provide comment at public hearingsheld by boards of county commissioners for the sitingof certain large confined animal feeding operationsand facilities..................................................... - 119

AgriculturalAffairs

731 State Affairs 116 EMERGENCY MEDICAL SERVICES FUND IIIAmends existing law to provide additional criteria togovern distributions from the Emergency MedicalServices Fund III. .............................................. 216 216 Failed House

732 Appropriations 116 APPROPRIATIONS - PUBLIC EMPLOYEERETIREMENT SYSTEM - Appropriates $8,984,500to the Office of the Governor for the PublicEmployee Retirement System for fiscal year 2005;provides legislative intent that moneys appropriatedfor the Portfolio Investment Program are foradministrative costs of the program; and limits thenumber of authorized full-time equivalent positions to63. ................................................................ 145 232 LAW

733 Appropriations 116 APPROPRIATIONS - HUMAN RESOURCESDIVISION - Appropriates $2,870,600 to the Officeof the Governor for the Human Resources Divisionfor fiscal year 2005; and limits the number ofauthorized full-time equivalent positions to 36. ........... 145 232 LAW

734 Appropriations 116 APPROPRIATIONS - INSURANCEDEPARTMENT - Appropriates $6,251,200 to theDepartment of Insurance for fiscal year 2005; andlimits the number of full-time equivalent positions to70.5............................................................... 145 232 LAW

735 Appropriations 116 APPROPRIATIONS - DEPARTMENT OFFINANCE - Appropriates $3,637,100 to theDepartment of Finance for fiscal year 2005; andlimits the number of full-time equivalent positions to44. ................................................................ 145 232 LAW

736 Appropriations 116 APPROPRIATIONS - PUBLIC UTILITIESCOMMISSION - Appropriates $4,581,900 to thePublic Utilities Commission for fiscal year 2005; andlimits the number of full-time equivalent positions to49. ................................................................ 146 232 LAW

737 Appropriations 116 APPROPRIATIONS - IDAHO STATE POLICEAppropriates $51,415,100 to the Idaho State Policefor fiscal year 2005; limits the number of full-timeequivalent positions to 533.07; and provides intentregarding salaries............................................... 146 232 LAW


116 SHOOTING PRESERVES - Amends existing law torevise standards relating to shooting preserves; and toprovide for grandfather rights................................ 199 199

SenateResources and

Environment

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117 PROPERTY TAX - HOMEOWNERS EXEMPTIONAmends existing law to provide a procedure fordetermination and collection of property tax moneysthat were improperly claimed or approved for thefifty-fifty homeowner's property tax exemption; andto provide application of moneys collected to thethree percent property tax cap................................ 171 312 LAW

740 Education 121 KINDERGARTEN - Amends existing law to providethat school attendance is compulsory between theages of six and sixteen years; to provide that schooldistricts shall provide a kindergarten program; and toprovide that attendance in kindergarten iscompulsory. ..................................................... 181 181 Failed House

741 Ways and Means 121 AGRICULTURAL FIELD BURNING - Amendsexisting law to provide legislative intent; to defineadditional terms; and to revise provisions applicableto all agricultural field burning. ............................. 208 209

SenateAgricultural

Affairs

742 Ways and Means 121 CATTLE - IMPORTATION - Adds to existing lawto prohibit the importation of certain cattle into thestate of Idaho from Canada unless the cattle bear aspecified brand and have a computer microchipimplanted. ....................................................... - 125

AgriculturalAffairs

743 Ways and Means 121 HEALTH INSURANCE CLAIM - PAYMENTAdds to existing law to provide for the submissionand prompt payment of health care insurance claims;to define terms; to provide for the timing and methodof claim payments; to provide for provider billing; toprovide that insurers are not required to accept anassignment of payment; to provide for interestpayments; and to set forth exceptions....................... - 125 Business

744 Ways and Means 121 AGRICULTURAL FIELD BURNING - Amendsexisting law to increase fees relating to theregistration of fields for agricultural burning indesignated counties............................................. - 125

AgriculturalAffairs

745 AAS Ways and Means 121 WATER - Amends existing law relating to thediversion and conveyance of water to governownership of water while it is diverted; to furtherdefine stream channels; and to clarify the right toclean a drain..................................................... 309 312 LAW(Senate Amendments – See Senate Journal)


121 CEMETERY DISTRICTS - Amends existing law toprovide for an election to increase property tax leviesof cemetery districts over the three percent propertytax cap............................................................ - 125

Revenue andTaxation


126 SALES TAX - PLAYGROUND EQUIPMENTAmends existing law to provide that publicplayground equipment and associated shock absorbingmaterial are exempt from sales and use taxes ............. 241 242

Senate LocalGovernmentand Taxation

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748 Education 126 RESIDENTIAL CARE - ELDERLY - Adds toexisting law relating to residential care for the elderlyto specify a medication policy to govern individualdose systems prepared by a licensed nurse................. 190 313 LAW

749 Education 126 SCHOLARSHIPS - Adds to and amends existing lawto provide for a Category C scholarship in the RobertR. Lee Promise Scholarship Program; and to providea requirement that students remain drug, alcohol andtobacco free. .................................................... - 134 Education

750 Education 126 SCHOOL ATTENDANCE - Amends existing law toprovide that the age of compulsory school attendanceis through sixteen years of age unless a child haswithdrawn from the school system after age fifteen,but before attaining seventeen years of age, with thepermission of the child's parent or guardian............... - 134 Education

751 AA State Affairs 126 DISPENSING ALCOHOL TO MINORS - Amendsexisting law to set forth punishment for personseighteen years of age or older who dispense alcoholto a person under twenty-one years of age; moneysreceived pursuant to fines shall be deposited in theAlcoholism Treatment Fund.................................. 231 312 LAW(House Amendments – p. 206)


126 DRIVER'S LICENSE - MILITARY PERSONNELAmends existing law to provide for renewal of adriver's license upon application in person withoutthe requirement to take a knowledge or skills test ifthe Idaho driver's license has expired while theperson was serving on active duty in the armed forcesof the United States or is a member of the immediatefamily accompanying such person........................... 237 313 LAW(House Amendments – p. 202)


126 INCOME TAX CREDIT - Amends existing law toprovide an income tax credit for contributions madeto the Women's and Children's Alliance or itsfoundation. ...................................................... 177 312 LAW


135 EXPENDITURE LIMITS - Amends and adds toexisting law to revise legislative expenditure limits byproviding that General Fund expenditures for anyfiscal year shall not exceed the total General Fundexpenditure authorized for fiscal year 2005 asannually adjusted for population growth and inflation;to create the taxpayers reserve fund; to provide forthe transfer of moneys to the fund; and to provide forrefunds to taxpayers according to criteria specified. ..... 232 232 Failed House(House Amendments – p. 206)

755 AAS State Affairs 136 MINERAL RIGHTS - Amends existing law to permitthe sale of mineral interests reserved by the state; andto provide rights and liabilities of the purchaser of amineral estate who is not the owner of the surfaceestate. ............................................................ 310 312 LAW(Senate Amendments – See Senate Journal)

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756 State Affairs 136 BUILDING CODES - Amends existing law relatingto the Idaho Building Code Act to expand the scopeof the chapter to include chapter 50, title 54, IdahoCode; to provide that local governments that adoptbuilding codes shall enforce all of the provisions ofthis chapter that govern application by localgovernments; to respecify the date by whichparticipating local governments shall by ordinanceadopt codes as specified; to delete obsolete language;to specify applicable codes and editions of the codespertaining to installation of heating, ventilation andair conditioning systems; and to provide that certainlocal governments shall by ordinance adopt andenforce the codes as prescribed. ............................. 208 312 LAW

757 AA State Affairs 136 HEALTH CARE PROVIDERS - Adds to existinglaw relating to health care insurance to require anotice by health care providers; to specify content ofthe notice; to provide exceptions; to define terms; andto require maintenance of an internet site and/ortoll-free number by insurance providers with currenthealth care provider information............................. 243 243

SenateCommerce and

HumanResources

(House Amendments – p. 225)

758 State Affairs 136 HOMEOWNER'S ASSOCIATION PROPERTYACT - Adds to existing law to provide forestablishment of a homeowner's association insubdivisions; to provide for procedures fororganization; and to provide for collection ofassessments...................................................... - 141 Business


136 PUBLIC IMPROVEMENT DISTRICTS - Adds toexisting law to provide for the creation of publicimprovement districts.......................................... - 141

Revenue andTaxation

760 AAAAS

Revenue andTaxation

142 INCOME TAX CREDIT - Adds to and amendsexisting law to provide that taxpayers makingexpenditures for qualified alternative energygeneration equipment are entitled to the income taxcredit for capital investment; to provide an incometax credit of certain expenditures relating toinvestment in alternative energy generation equipmentfor taxable years 2004 through 2009; to provideprocedures; and to provide an income tax credit forcertain expenditures for qualified alternative energyequipment in certain areas of Idaho with highunemployment or low personal income, at theelection of the taxpayer for taxable years 2004through 2009. ................................................... 302 314 VETOED(House Amendments – p. 225)(Senate Amendments – See Senate Journal)

761 AAAAS

Revenue andTaxation

142 INCOME TAX CREDIT - Adds to existing law toprovide for an income tax credit for alternativeenergy generation of electricity for six taxable yearsof one-half cent per kilowatt hour. .......................... 303 314 VETOED(House Amendments – p. 225)(Senate Amendments – See Senate Journal)

HOUSE INDEX 391



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762 Appropriations 142 APPROPRIATIONS - SELF-GOVERNINGAGENCIES - Appropriates $293,800 to the generalboards in the Department of Self-Governing Agenciesfor fiscal year 2005; appropriates $3,446,800 to themedical boards in the Department of Self-GoverningAgencies for fiscal year 2005; appropriates$4,105,600 to the regulatory boards in theDepartment of Self-Governing Agencies for fiscalyear 2005; limits the number of full-time equivalentpositions in each of the regulatory boards; andprovides legislative intent with regard to the AthleticCommission. .................................................... 172 312 LAW

763 Appropriations 143 APPROPRIATIONS - AGRICULTUREDEPARTMENT - Appropriates $26,732,700 to theDepartment of Agriculture for fiscal year 2005; andlimits the number of full-time equivalent positions to185.60............................................................ 172 312 LAW

764 Appropriations 143 APPROPRIATIONS - ENDOWMENT FUNDINVESTMENT BOARD - Appropriates $550,200 tothe State Board of Land Commissioners for theEndowment Fund Investment Board for fiscal year2005; limits the number of full-time equivalentpositions to 4; provides for continuous appropriationauthority for moneys in the EndowmentAdministration Fund for consulting fees, bankcustodial fees and portfolio-related costs; andprovides legislative intent regarding the transfer ofmoneys from the various earning reserve funds to theincome funds. ................................................... 175 312 LAW

765 State Affairs 143 CITY RECORDS - Amends existing law relating topublic records to permit the disposal of city recordsless than ten years old under conditionsspecified ......................................................... - 149

LocalGovernment

766 Appropriations 152 APPROPRIATIONS - LANDS DEPARTMENTAppropriates $36,737,700 to the Department ofLands for fiscal year 2005; and limits the number offull-time equivalent positions to 260.61. ................... 178 313 LAW

767 Appropriations 152 APPROPRIATIONS - SOIL CONSERVATIONCOMMISSION - Appropriates $4,435,200 to the SoilConservation Commission for fiscal year 2005; andlimits the number of full-time equivalent positions to21. ................................................................ 179 312 LAW

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768 Appropriations 153 APPROPRIATIONS - COLLEGES ANDUNIVERSITIES - Appropriates $341,294,500 to theState Board of Education and the Board of Regents ofthe University of Idaho for Boise State University,Idaho State University, the University of Idaho,Lewis-Clark State College, and the Office of the StateBoard of Education for fiscal year 2005; provideslegislative intent that $75,000 of the amountappropriated be used by the Office of the State Boardof Education for system-wide needs; provideslegislative intent that $1,600,000 be used formatching awards, research centers and infrastructure;provides legislative intent that $1,750,000 be used forcompetitive technology grants, the Idaho electroniccampus and for participation in the WesternGovernors' Association's Virtual University;provides intent that $500,000 be used for teacherpreparation activities; provides intent that $1,300,000be used for the Governor's College and UniversityExcellence Initiative; requires a tracking andreporting system for faculty; expresses theLegislature's continued belief regarding fundingequity among Idaho's four year institutions of highereducation; and reappropriates unexpended andunencumbered fund balances. ................................ 181 313 LAW

769 Education 153 RETIRED TEACHERS/EDUCATORS - REHIREDAdds to existing law to authorize rehiring retiredteachers or educators under conditions specifiedwhich govern the declaration of a critical shortage,application of retirement provisions, benefits andcontract terms. .................................................. - 160

Commerce andHuman

Resources

770 Appropriations 153 ATHLETIC COMMISSION - Amends, adds to andrepeals existing law relating to the powers and dutiesof the State Athletic Commission; to increase thecompensation; to further define terms; to authorizeappointment of deputy state athletic commissionersand official inspectors and specify their duties; toauthorize a sanctioning permit and specify duties ofthe commission regarding sanctioning permits andexemptions from the requirements; to govern the timerequired between contests; to specify bondrequirements for promoters; to specify issues to beconsidered before issuance of a license or sanctioningpermit; to require a gross receipts report; to specifythe contents of the gross receipts report; to providefor the Athletic Commission Fund; to provide limitson the rounds and bouts and clarify the weight ofgloves; to provide requirements for the examinationof contestants' physical condition; to govern theannual licenses; to specify violations and penalties; toprohibit certain acts and provide penalties; to requireemergency medical equipment and personnel; and togovern requirements for security. ........................... 186 313 LAW

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771 Ways and Means 153 PATERNITY - Adds to existing law to provide forthe vacation of a child support order in instances ofpaternity fraud; to set forth a statute of limitations;and to provide for actions for restitution. .................. 210 312 LAW

772 Ways and Means 154 ADMINISTRATIVE RULES - Adds to existing lawto provide that administrative rules that expire onJuly 1, 2004, will continue to be effective until July1, 2005; to provide that administrative rules approvedor extended by the adoption of a concurrentresolution shall be effective until July 1, 2005, oruntil such time as they expire; to provide that rulesrejected by concurrent resolution shall be null, voidand of no force and effect; and to authorize agenciesto amend or repeal certain rules pursuant to theAdministrative Procedures Act............................... 187 312 LAW

773 Ways and Means 154 MOBILE HOME PARKS - Amends existing lawrelating to the Mobile Home Park Landlord TenantAct to increase the notice time which must be givenby a landlord before termination of a tenancy uponcessation of the operation to one hundred eighty days ... 208 312 LAW

774 Ways and Means 154 EARL M. HARDY BOX CANYON SPRINGSNATURE PRESERVE - Amends existing law toprovide for the correct name of the Earl M. HardyBox Canyon Springs Nature Preserve in Malad GorgeState Park........................................................ 216 313 LAW

775 Ways and Means 154 AGRICULTURAL COMMODITY LIENSAmends, repeals and adds to existing law relating toagricultural commodity producer and dealer liens; torevise provisions relating to the creation, attachment,duration, priority and discharge of certain liens; toprovide that persons selling or agreeing to sell anyagricultural product for use as livestock feed may askfor and obtain specified information from personswith certain security interests; and to provide forimmunity from civil and criminal liability. ................ - 160

AgriculturalAffairs

776 Ways and Means 154 AGRICULTURAL FIELD BURNING - Amendsexisting law to increase fees relating to theregistration of fields for agricultural burning indesignated counties............................................. 209 312 LAW

777 AAS State Affairs 154 POLITICAL COMMITTEES - Amends and adds toexisting law to provide procedures for politicalcommittees to retire unpaid debt; to define the term"unpaid debt"; to revise what the amounts receivedby a candidate as contributions that are in excess ofany amounts necessary to defray the candidate'sexpenditures may be used for; to prohibit theconversion of contributions to any personal use; toprovide when a contribution shall be considered to beconverted to personal use; and to define the term"candidate." ..................................................... 302 312 LAW(Senate Amendments – See Senate Journal)

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778 State Affairs 154 UNIVERSITY OF IDAHO - REAL PROPERTYAmends existing law to provide for a process to befollowed in the disposal of real property by theUniversity of Idaho. ........................................... 208 313 LAW

779 State Affairs 154 STRAY VOLTAGE PROTOCOL - Adds to existinglaw to provide legislative intent; to define terms; toprovide that the Public Utilities Commission shallformulate and adopt a standardized protocol for useby all persons and entities addressing complaints ofstray voltage involving public utilities regulated bythe Commission; to provide duties of theCommission; and to provide the effect of complianceby a public utility with the standardized investigationand remediation protocols adopted by theCommission. .................................................... - 160 State Affairs

780 AAS Revenue andTaxation

155 BOND LEVY EQUALIZATION PROGRAMAmends existing law relating to the Bond LevyEqualization Support Program to prohibit utilizationof assistance pursuant to the program for projectspreviously subsidized by state grants; to provide thata school district shall not be deemed to be refinancingexisting debt in certain circumstances; and to providethat an otherwise eligible school district shall not bedeemed ineligible due to the school districts'seligibility and prior participation in safe schoolprograms under certain conditions. ......................... 308 312 LAW(Senate Amendments – See Senate Journal)


155 PROPERTY TAX - EXEMPTION - Adds to existinglaw to provide for a property tax exemption forproperty owned by qualified persons; to provide forapplication of the exemption to residentialimprovements and the residential lot; to provide thatthe exemption shall continue for spouses undercertain circumstances; to provide conditions for theexemption; to provide that an owner is required tomake application for the exemption only once ifcertain conditions are met; to declare the exemptionis necessary and just; and to provide that theexemption shall be available for certain owners whoare absent by reason of active military service in adesignated combat zone. ...................................... - 160

Revenue andTaxation


155 INVESTMENT TAX CREDIT - Amends existinglaw to provide that all moneys collected by the StateTax Commission for an erroneously taken investmenttax credit shall be remitted to the county where theproperty was located that was not a qualifiedinvestment or ceased to qualify during the recaptureperiod; to provide for distribution of moneys totaxing districts within the county; and to provideapplication of these moneys to the three percentproperty tax cap. ............................................... - 160

Revenue andTaxation

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783 Appropriations 161 APPROPRIATIONS - MILLENNIUM FUNDAppropriates $1,939,700 from the Millennium Fundto the State Treasurer for specified purposes for fiscalyear 2005; provides legislative intent regarding theCatastrophic Health Care Cost Program; and providesthat unexpended and unencumbered moneys shallrevert to the Idaho Millennium Income Fund.............. 189 312 LAW

784 Appropriations 161 APPROPRIATIONS - CORRECTIONDEPARTMENT - Appropriates $127,305,700 to theDepartment of Correction for fiscal year 2005; limitsthe full-time equivalent positions to 1,426.8; statesfindings and intent of the Legislature; and expressesintent with regard to out-of-state placements. ............. 190 312 LAW

785 Appropriations 161 APPROPRIATIONS - APPELLATE PUBLICDEFENDER - Appropriates $1,262,900 to the StateAppellate Public Defender for fiscal year 2005; andlimits the number of full-time equivalent positions to15. ................................................................ 190 312 LAW

786 Appropriations 161 APPROPRIATIONS - ATTORNEY GENERALAppropriates $15,194,300 to the Attorney Generalfor fiscal year 2005; limits the number of full-timeequivalent positions to 178.65; provides for a transferof $56,000 and provides legislative intent for the useof the moneys transferred; and provides intentregarding certain fiscal year 2004 appropriations forthe Special Litigation Program............................... 190 312 LAW

787 Education 161 ENGLISH LANGUAGE LEARNERS - Adds toexisting law to require development of goals forEnglish language learners, formulation of districtplans, reports to the State Board of Education andrecommendations to the Legislature......................... 217 313 LAW


161 INCOME TAX CREDITS - Adds to existing law toprovide an income tax credit for eligible expendituresrelating to certain natural resource plans and certainspecies management or recovery plans; and toprovide for review and approval of qualifiedexpenditures before a tax credit shall be approved ....... - 165

Revenue andTaxation

789 Appropriations 167 APPROPRIATIONS - STATE TREASURERAppropriates $1,874,600 to the State Treasurer forfiscal year 2005; provides that moneys assessed forState Treasurer banking services be placed in theIndirect Cost Recovery Fund and provides fortransfers of moneys from the fund; reappropriatescertain unexpended and unencumbered balances ofmoneys; and limits the number of full-time equivalentpositions to 18. ................................................. 194 312 LAW

790 Appropriations 167 APPROPRIATIONS - OFFICE OF THEGOVERNOR - Appropriates $1,615,500 to theExecutive Office of the Governor for fiscal year2005; and limits the number of full-time equivalentpositions to 24. ................................................. 194 312 LAW

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791 Appropriations 167 APPROPRIATIONS - DIVISION OF FINANCIALMANAGEMENT - Appropriates $2,056,800 to theOffice of the Governor for the Division of FinancialManagement for fiscal year 2005; and limits thenumber of full-time equivalent positions to 24. ........... 194 312 LAW

792 Appropriations 167 APPROPRIATIONS - ADMINISTRATIONDEPARTMENT - Appropriates $36,279,900 to theDepartment of Administration for fiscal year 2005;provides legislative intent regarding bond payments;limits the number of full-time equivalent positions to173.5; and provides intent regarding the Borah PostOffice and House Concurrent Resolution 44. ............. 195 312 LAW

793 Appropriations 167 APPROPRIATIONS - COMMUNITY COLLEGESAppropriates $20,055,400 to the State Board ofEducation for Community College Support for fiscalyear 2005. ....................................................... 195 313 LAW

794 Appropriations 167 APPROPRIATIONS - HEALTH EDUCATIONPROGRAMS - STATE BOARD OF EDUCATIONAppropriates $8,162,700 to the State Board ofEducation and the Board of Regents of the Universityof Idaho for Health Education Programs including theWOI Veterinary Education Program, WWAMIMedical Education Program, Idaho Dental EducationProgram, University of Utah Medical EducationProgram, the Family Practice Residency Program andWICHE for fiscal year 2005; limits the number offull-time equivalent positions to 20.39; andreappropriates any unexpended and unencumberedfund balances for nonrecurring expenditures. ............. 195 313 LAW

795 Appropriations 167 APPROPRIATIONS - SPECIAL PROGRAMSSTATE BOARD OF EDUCATION - Appropriates$10,157,600 to the State Board of Education and theBoard of Regents of the University of Idaho forSpecial Programs, including the Forest UtilizationResearch Program, Idaho Geological SurveyProgram, Scholarships and Grants Program, IdahoMuseum of Natural History, Idaho Small BusinessDevelopment Centers, and the Idaho Council onEconomic Education for fiscal year 2005; limits thenumber of full-time equivalent positions to 24.8; andprovides legislative intent regarding moneysappropriated for Category B of the IdahoRobert R. Lee Promise Scholarship Program. ............ 195 313 LAW

796 State Affairs 167 STATUTORY RAPE - Amends and adds to existinglaw to define "statutory rape"; to provide forpunishment; to revise the definition of "aggravatedoffense"; to revise application of the Sexual OffenderRegistration Notification and CommunityRight-to-Know Act; and to provide references tostatutory rape.................................................... - 173


Administration

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