The motion to pass HB 404 as-is has passed on the same 13-5 vote; the only "no" votes were Reps. Janice McGeachin, R-Idaho Falls; Elaine Smith, D-Pocatello; Cherie Buckner-Webb, D-Boise; Elfreda Higgins, D-Garden City; and Phylis King, D-Boise. After the vote, one man tried to address the committee, saying he's the "janitor" who's been cleaning the grounds and citing a law section; committee Chairman Tom Loertscher, R-Iona, stopped him, saying the committee had concluded its consideration of the bill.

The bill now moves to the full House; State Department of Administration Director Teresa Luna told the House State Affairs Committee that once the bill has passed the Senate, her department will post notices to evict the Occupy Boise group, and they likely would have three days to vacate the site, as the bill would sit on the governor's desk for three days before he'd sign it into law.