Brandon Shippy — Senator Brandon Shippy followed up on subsection 3 of the bill, asking the sheriff to clarify the county commissioners’ written-finding requirement and how the provision relates to the sheriff’s authority. He questioned whether the legislation could be read as implying sheriffs work for county commissions and pressed on whether it would misstate that relationship or erode separation of powers.
Brandon Shippy — Brandon Shippy supports the motion but cautions that similar legislation has needed work before, indicating the bill should not be rushed and should account for concerns about the relationship between the sheriff's office and the county commission.
Brandon Shippy — Senator Shippy criticized the Legislature for giving up Tenth Amendment and state-rights authority, argued that the state should stand up to the federal government and tell it no, and then was later called in the roll call and recorded as voting nay.
Brandon Shippy — Senator Shippy raises and continues pressing concerns about victim justice and the consequences of handing offenders over to ICE, including what happens after deportation and whether offenders could return or reoffend. The exchange remains centered on these public-safety and accountability questions before the discussion wraps up.
Brandon Shippy — Senator Shippy expressed uncertainty and ambivalence about how to vote on the motion, then later cast a nay vote.
Treg Bernt — Senator Treg Bernt is referenced as seconding the motion, then he takes the floor to introduce himself as Senator from District 21 in Meridian, Idaho, and presents RS 33853, describing it as a kratom bill before yielding time to Representative Bingham.
Treg Bernt — Likely the senator seconding the motion; transcript appears to misname him as Taves.
Treg Bernt — Senator Toews was identified as the second on the motion to send Senate Bill 1441 to the 14th order, and his name was then called during roll call as part of the same procedural sequence.
Treg Bernt — Senator Taves moved to send Senate Bill 1443 to the floor with a due pass recommendation. The motion was later referenced as the pending motion, and Senator Taves was called during the roll call vote on the measure.
Jim Guthrie — The chair is referenced during the opening procedural discussion and vote on the minutes, after which Jim Guthrie formally introduces RS 33851 and explains that it is a reconfiguration intended to avoid possible freedom of speech issues.
Jim Guthrie — During the Senate Bill 1441 discussion, Mr. Chairman Jim Guthrie responded that, under the bill, a county could later excuse itself from the agreement. He then continued presiding over the exchange and later stated that he could not support the motion to send the bill to the 14th.
Jim Guthrie — During the roll-call vote, Chairman Guthrie was recorded as voting no. One mention appears to contain a transcription error ('Madam Guthrie'), but it refers to the same member and the same vote outcome.
Jim Guthrie — The chair is addressed while introducing the witness and during the question.
Jim Guthrie — The question is posed through the chair.
Jim Guthrie — The chair is addressed during the exchange.
Jim Guthrie — The chair is addressed in the exchange.
Jim Guthrie — The chair responds that there is no probation requirement once deported and then moves to other questions.
Jim Guthrie — The chair is addressed while the witness is invited to testify.
Jim Guthrie — Addressed as the chair during closing remarks.
Jim Guthrie — Addressed at the close of remarks.
Jim Guthrie — Addressed during debate.
Jim Guthrie — Votes no on the motion.
Jim Guthrie — Called in the vote and associated with the final no vote.
Mark Harris — Moves to send RS 33851 to print.
Mark Harris — Senator Harris voted aye on the motion.
Mark Harris — Votes no on the motion.
Representative Bingham — Is invited to the microphone to present.
Aaron Bingham — Aaron Bingham, representing Legislative District 32, presents RS 33853 and explains the proposed scheduling and penalty structure for kratom-related substances. He continues by discussing how the bill would treat natural and synthetic 7-OH and notes that law enforcement requested this approach.
Kelly Anthon — Kelly Anthon introduces himself and presents Senate Bill 1441, explaining that he worked with the Sheriff's Association and others to craft a workable approach after a prior effort failed. He says his intent is to send the bill to the 14th order for possible amendment and describes the bill as creating a statewide framework for cooperation with ICE through 287(g) agreements, while allowing exceptions where the model does not fit local circumstances. He then notes a needed amendment to ensure officers participating in a 287(g) program are covered by the Idaho Tort Claims Act, says he is willing to make that change, and concludes by asking that the bill be sent to the 14th order before yielding to testifiers.
Kelly Anthon — Kelly Anthon closed on the bill by clarifying that the language was meant to reflect how county sheriffs work with county commissions and municipal law enforcement with city councils. He explained that the bill provides two ways for an agency or governing board to decline participation based on resources: one tied to the agency itself and another allowing the governing board to consider the overall budget impact and other statutory duties. He argued that a mandated memorandum of understanding is not unusual and emphasized that the legislature must decide whether law enforcement agencies should accept the federal offer, with cooperation between local entities as the underlying goal. The discussion then moved into a question directed to Anthon about whether a county could later excuse itself from an agreement if budget needs changed, followed by a brief motion-related reference that appears to misname him.
Kelly Anthon — Name appears in the roll call as 'Senator Anthony,' likely referring to Senator Anthon.
Kelly Anthon — Voted aye.
Kelly Anthon — Identified as the sponsor/presenter of Senate Bill 1443.
Kelly Anthon — Introduced herself and presented Senate Bill 1443.
Kelly Anthon — Explained that the bill responds to immigration-enforcement costs affecting the state.
Kelly Anthon — Emphasized that the bill is discretionary, not mandatory, for the Department of Corrections director.
Kelly Anthon — Explained that conditional release would require negotiation with ICE and that restitution and victim notification remain required.
Kelly Anthon — Cited estimated inmate counts and said Idaho taxpayers are paying correctional costs.
Kelly Anthon — Read the bill language requiring an agreement with ICE and detention in total confinement.
Kelly Anthon — Clarified that offenders would be released to ICE custody, not simply released, and referenced the Idaho ICE Act from last year.
Kelly Anthon — Explained that the bill cross-references prior law and is intended as deterrence and accountability.
Kelly Anthon — Senator Den Hartog is referred to with a misspelling in the transcript; corrected to the expected member name.
Kelly Anthon — Senator Den Hartog is addressed by name in the question.
Kelly Anthon — Senator Den Hartog responds to Senator Ruchti's question about how tolling works.
Kelly Anthon — Senator Den Hartog responds that she may defer to the department director.
Kelly Anthon — Votes aye on the motion. Likely a transcription error for Kelly Anthon.
Michael Cain — Michael Cain testified on behalf of ICRMP, explaining that ICRMP insures most peace officers in Idaho and supports sending the bill to the amending order. He said the proposed language is needed so officers working with ICE can be covered under the Tort Claims Act for state-law claims, while acknowledging that the legislature cannot change federal law and that officers can still be sued under Section 1983 or Bivens. He added that officers remain under local supervision for employment and duties, but the liability issue is complicated because the Tort Claims Act does not cover federal agents, so the law needs to be adjusted to fit these arrangements.
Kieran Donahue — Name appears as the next testifier, though the transcript is garbled.
Sheriff Donahue — Sheriff Donahue testified that he is being sued individually under federal tort law and that his officers are also exposed, then objected to county commissioners being able to speak for sheriffs and chiefs regarding participation in 287(g). He argued the bill’s reframing does not change the underlying mandate, noted there are additional changes needed to accommodate local enforcement, and clarified that sheriffs are constitutional officers who do not work for county commissioners.
Sheriff Kenny County — Likely intended to be Sheriff Kieran Donahue; said he represents the Idaho Sheriffs' Association.