"This bill closes a loophole," House Assistant Majority Leader Scott Bedke, R-Oakley, told the House of HB 404a, the bill to evict the Occupy Boise encampment from state property across from the Capitol by imposing a new emergency ban on camping on certain state property. "The matter of time, place and manner of speech is settled law," Bedke told the House. "This ... will be applied uniformly into the future."

House Minority Leader John Rusche, D-Lewiston, spoke against the bill. "I don't know why we need to poke a thumb in the eye of the people across the way, as I believe the emergency clause does," he said. "I don't think this is the way that I care for my government to work." With no further debate, the bill passed on a 51-14 vote; all House Democrats voted against it, along with GOP Rep. Tom Trail of Moscow; all other Republicans who were present voted in favor of the bill, which now heads to the governor's desk. It takes effect as soon as Gov. Butch Otter signs it into law.