Rep. Luke Malek’s House-passed bill to make assaults on health care workers a felony has been defeated in the Senate, after Lt. Gov. Brad Little broke a 17-17 tie vote, voting against the bill and killing it.

The bill, HB 292, was sought by Kootenai Medical Center and other health care providers around the state, who said there’s been a growing number of violent attacks on health workers, and they’re required to treat all patients, even violent ones. Sen. Jim Rice, R-Caldwell, said, “What we do know is that there is a problem with assault and battery on health care workers.” But, he said, “If we were enforcing the laws we currently have, we would see a deterrent effect without this bill. … It’s horrible for someone to assault a health care worker. It’s just as horrible to assault a cashier in a grocery store, or somebody at the park, or any other member of society. … We keep increasing the penalties, not enforcing the ones we already have.”

Sen. Les Bock, D-Boise, disagreed. “I think we’re dealing with a unique group of people here,” he told the Senate. “We expect them to provide medical emergency services when they arrive at the emergency room. … I think we have to recognize that this is a special class, and we should treat them accordingly.”

Rep. Bob Nonini, R-Coeur d’Alene, spoke out against the bill, saying it would include verbal assaults. “I think this legislation goes a bit far,” he said. “They’re going to be subject to five years in the state penitentiary? … I would hope that the sponsors could work on this over the interim … come back with something a little tighter, maybe not so harsh.”

Sen. Todd Lakey, R-Nampa, the bill’s Senate sponsor, said, “We are talking about individuals that are different than Joe Citizen. … This is not the cashier in the grocery store that has the sign in the front that says, ‘No shirt, no shoes, no service.’ They have to provide medical care… and in doing so they put themselves into close proximity to those people.”

It was the first time this legislative session that Little, the president of the Senate, has had to vote; he votes only to break a tie.