Sen. Marv Hagedorn, R-Meridian, spoke against amending SB 1042, the health insurance exchange bill. “Frankly, this red-shirt freshman stands with the other freshmen on the other side of the rotunda,” he said, who have proposed a trailer bill to add more legislative oversight. “We can go to the amending order, or we can run trailer bills,” he said. “Because I am a proponent of public input and public interest, I think it’s best to run a trailer bill or to improve this bill through the process of a committee where the work of the people truly can be done and nefarious things cannot happen. … I think we have to have better public input on any changes we do.” In the amending order, there not only is no public testimony; there are no recorded votes.

At that point, Sen. Cliff Bayer, R-Boise, made a substitute motion to return the bill to committee instead, and Sen. Bob Nonini, R-Coeur d’Alene, seconded the motion. Bayer said, "There are shortcomings in the language."

Senate Majority Leader Bart Davis, R-Idaho Falls, noted that the committee to which the bill would return is a non-privileged committee, meaning it's past the deadline for it to introduce any new legislation. That means the bill, if it's not to go the amending order, would die there. "That would be the effect," Davis said. He urged the Senate to defeat the motion and get back to debating the merits of the bill. Sen. Monty Pearce, R-New Plymouth, then asked for the Senate to be placed at ease.