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|  House RulesOpening Hour. -- The hour of the daily meeting
of the House shall be 11:00 o'clock in the forenoon, unless the House
directs otherwise. RULE
2 Call to Order.
-- The Speaker
shall take the Chair at the time to which the House stands adjourned,
and after the call to order, the roll of members shall be taken and
the names of absentees entered on the Journal of the House, after
which there shall be prayer by the Chaplain. RULE
3 Preserving Order.
-- The Speaker
shall preserve order and decorum and decide questions of order, subject
to an appeal to the House. RULE
4 Order of Business.
-- After calling
the House to order, the order of business for the day shall be as
follows:
RULE
5 Absence, Disability
or Death of Speaker. -- The Speaker may leave the Chair and appoint
a member to preside, but not for a longer time than one legislative
day, except with the approval of the House. In the event of the temporary
absence of the Speaker without having made such an appointment, the
House shall proceed to elect a Speaker pro tempore to act during his
absence. In the event of the Speaker's death, resignation, or inability
to act during a legislative session, the House shall proceed to elect
a new Speaker. In the event of the Speaker's death, resignation, or
inability to act between legislative sessions, the House Majority
Leader (and in the event of his death, resignation, or inability to
act as Speaker, the House Assistant Majority Leader) shall act as
Speaker, with all of the duties, powers and prerogatives of the office,
to serve until the next session of the Legislature, at which time
a new Speaker shall be elected. RULE
6 Leave of Absence.
-- No member
or officer of the House, unless from illness or other cause which
makes him unable to be in attendance shall absent himself from the
session of the House during the entire day without first having obtained
leave of absence from the Speaker of the House; provided, however,
that no regular or Special Committee of the House shall be absent
for more than one day without authorization from the House. Such authorization
shall be by affirmative action on a resolution approving absence. No member or officer of the House shall
be entitled to the unvouchered expense allowance while absent more
than one day without leave. RULE
7 Call of the
House. -- One-third
of the members present may order a call of the House in the following
manner: A call being moved and seconded, the Speaker
shall require those desiring a call to rise, and if one-third of the
members present shall rise, there shall be a call of the House. A
call of the House being ordered, the Sergeant at Arms shall close
and lock the doors and no member shall be allowed to leave the Chamber.
The Speaker shall immediately cause the roll of the members to be
taken and note the absentees whose names shall be read and entered
upon the Journal in such manner as to show who are absent with leave
and who are absent without leave, and the Sergeant at Arms shall proceed
to bring in such absentees; but arrest of members of absence shall
not be made unless ordered by a majority of members present. While the House is under call, no business
shall be transacted except to receive and act on the report of the
Sergeant at Arms, and no other motion shall be in order except a motion
to suspend further proceedings under the call or to excuse absentees,
which motion shall be determined by ayes and nays; and the motion
to suspend further proceedings under the call or to excuse members
shall not be adopted unless a majority of the entire membership vote
in favor thereof. When the Sergeant at Arms will make a report
showing that all who were absent without leave are present, the call
of the House may be dispensed with or the House may proceed under
the call on a majority vote of the entire membership, with its regular
business. No motion for call of the House shall be
entered after the House has commenced voting by ayes and nays. The form of warrant for the arrest of absent
members shall be as follows: Session IDAHO LEGISLATURE In the House of Representatives To the Sergeant at Arms or his Deputies: WHEREAS, The House of Representatives has
adopted the following order: That the Sergeant at Arms take into custody
and bring to the bar of the House such of its members as are found
absent without leave of the House; and WHEREAS, The following named members of
the House are absent without leave, to-wit: (Names of Members) Now, Therefore, I , Speaker of the Session of the House of Representatives
of the Idaho State Legislature, by virtue of the power vested in me
by the House, hereby command you to execute the said order of the
House, by taking into custody and bringing to the bar of the House
said above named members who are absent without leave; hereof fail
not, and make due return in what manner you executed the same. In Witness Whereof, I have hereunto set
my hand this day of , 20 . Speaker Attest: Chief Clerk RULE
8 Petitions, Memorials,
Etc. -- Petitions,
memorials, and other papers addressed to the House shall be presented
by the Speaker. RULE
9 Calendar. -- (1) The Speaker shall cause
the Clerk of the House to make a list of all bills, memorials, resolutions,
reports of committees and other proceedings of the House, which are
committed to a Committee of the Whole House for amendment, and which
are not made the order of the day for any particular day. Such list
shall be called the "General Orders of the Day," and items
on the General Orders Calendar shall be taken up in the order in which
they are committed, unless otherwise ordered by the House by majority
vote of the members present. (2) The Speaker shall cause the Clerk of
the House to make a list of all bills, memorials and resolutions which
may be on second reading, entering them in order in which they are
placed upon their second reading, unless the House shall otherwise
direct by majority vote of the members present, which list shall be
called the "Second Reading Calendar." (3) The Speaker shall cause the Clerk of
the House to make a list of all bills, memorials and resolutions which
may be on third reading, entering them in order in which they are
placed upon their third reading, unless the House shall otherwise
direct by majority vote of the members present, which list shall be
called the "Third Reading Calendar." (4) The Clerk shall keep a book showing
the situation and progress of bills, memorials, and resolutions. RULE
10 Standard Rules.
-- The rules
of parliamentary practice set forth in Mason's Manual of Legislative
Procedures shall govern the House in all cases to which they are applicable,
and in which they are not inconsistent with the Standard Rules and
Orders of the House and the Joint Rules and Orders of the Senate and
House of Representatives. RULE
11 Adoption and
Amendment of Rules. -- Adoption of the rules of the House, whether
temporary or permanent, will be by a majority vote of the entire membership
of the House. No rules of the House, temporary or permanent, shall
be suspended, altered, or amended without the concurrence of two-thirds
of the entire membership of the House. RULE
12 Floor, to Obtain.
-- Every member
desiring to state or second a motion, or to address the House, shall
rise from his seat and respectfully address the Chair, and remain
standing in his place before proceeding to speak until he is recognized
by the Chair. RULE
13 Motions, Submission
of. -- No motion
requiring a second shall be debated or put unless the same be seconded.
Each motion shall be stated by the Speaker before the debate, and
any such motion or amendment shall be reduced to writing if the Speaker
or any member desires it. RULE
14 Filling Blanks.
-- All questions,
whether in committee or in the House, shall be put in the order they
were moved, except in case of privileged questions, and in filling
of blanks, when the largest sum and longest time shall be put first. RULE
15 Division of
Question. -- (1)
Any member may call for the division of a question if it comprehends
propositions so distinct, that one or more being taken away, a substantive
proposition shall remain; but no bill, resolution, memorial, or Senate
amendment to any House bill or proposition shall be divisible. If
a question be divided, each portion thereof shall be voted on separately,
the same as if it had been offered alone. Strike Out and Insert.
-- (2) A motion
to strike out and insert shall not be divisible but motions to strike
out or to insert shall not preclude a motion to amend or to strike
out and insert. A motion to strike out and insert or to strike or
to insert shall be considered an amendment of bills and joint resolutions
and not permitted other than in the Committee of the Whole except
as provided in Rule 46. RULE
16 Precedence of
Motions. -- When
a question is under debate no motion shall be received except:
which several motions shall have precedence
in the order in which they stand arranged. To revert to or pass to
a new order of business shall require a majority vote of the members
present. RULE
17 Motions, Withdrawal
of. -- After
a motion shall have been stated by the Speaker it shall be deemed
to be in the possession of the House but may be withdrawn at any time
by the consent of the House by majority vote of the members present
before decision; but all resolutions and amendments and final motions
shall be entered upon the Journal whether rejected or adopted. RULE
18 Undebatable
Questions. -- The
following questions shall be decided without debate:
RULE
19 Question of
Order. -- A
member called to order shall immediately sit down, unless permitted
to explain, and the House, if appealed to, shall decide the case.
If there be no appeal, the decision of the Chair shall prevail. On
an appeal no member shall speak more than twice without leave of the
House, nor more than ten minutes at a time. When a member is called
to order for offensive language there shall be no debate. RULE
20 Question of
Order Undebatable. -- All incidental questions of order arising
after a motion is made for the previous question during the pending
of such motion or after the House shall have determined that the main
question shall be put, shall be decided, whether on appeal or otherwise,
without debate. RULE
21 Debate, Right
to Open and Close. -- When two or more members shall rise at
once, the Chair shall designate the member who is first to speak,
but in all cases the member making the motion or sponsoring the bill
or the chairman of the committee making the report which is under
consideration, shall have the privilege of opening and closing the
debate thereon. During closing debate no new material shall be interjected
that was not referred to during previous debate. No member shall conclude
debate with a nondebatable motion. After the closing debater has been
recognized, no other member shall obtain the floor for any purpose
other than to ask for a roll call vote. RULE
22 Limitation on
Debate. -- No
member shall speak more than twice on the same subject, nor shall
any member occupy the floor longer than one hour at a time, without
leave of the House by majority vote of the members present; nor shall
any member speak more than once until every member choosing to speak
on the subject shall have spoken. Debate shall be limited to the question
before the House. Discussion of other bills or resolutions pending,
or in committee in either the House or Senate shall be prohibited
except upon majority consent of the House. Reference to committee
action on a question under debate is permitted but restricted to testimony
given before the committee and the final vote of the committee. Reference
to statements made by members in committee is prohibited except with
permission of the member being quoted and only if the member being
quoted is previously tendered a copy of the reference statement. RULE
23 Journal, Name
of Mover on. -- In
all cases where a bill, motion or resolution shall be entered upon
the Journal of the House, the name of the member moving or the committee
introducing the same shall be entered on the Journal. RULE
24 Bills -- Introduction.
-- After the
20th day of any session, no bill shall be introduced except by committees
and after the 36th day no bill shall be introduced except by the State
Affairs Committee, the Appropriations Committee, the Education Committee,
the Revenue and Taxation Committee and the Ways and Means Committee.
When essential to expedite the work of the House, the Speaker may
designate any standing committee to serve as a privileged committee
temporarily or during the remainder of the session. RULE
25 Copies for Introduction.
-- All House
bills, memorials and resolutions introduced shall be in the number
of copies prescribed by the Committee on Judiciary, Rules and Administration,
one copy of which shall have endorsed thereon the word "Original."
The remaining copies shall be without cover for use of the news media.
When printing of such bills shall have been ordered, the same shall
be sent to the printer and his receipt taken therefor. Copies may
be typewritten or by any legible mechanical printing process. RULE
26 Bills Changed
by Senate. -- Any
House bill which is amended and passed by the Senate must go through
the same procedure as to reading and final vote as if it were an original
bill, after the House has concurred in the Senate amendments. RULE
27 Bills, Endorsements
of, Entered on the Journal. -- Every bill before being introduced shall
have endorsed thereon the title of the same, and every bill, joint
resolution, joint memorial or concurrent resolution shall have thereon
the name or names of the members introducing it, and when introduced
by the committee, the name of such committee shall be endorsed thereon.
The number, author and title of all bills, joint resolutions, joint
memorials and concurrent resolutions, shall be entered on the Journal. RULE
28 Amendatory Bills.
-- All bills
introduced which are intended to amend existing statutes, shall have
the words, letters, figures, and punctuation which are added to such
statute underscored; when the amendment is to strike out or repeal
any part of an existing statute, the letter, figure, word, and punctuation
shall be printed with a line through such letter, figure, word, and
punctuation in the printed bill to indicate the part stricken or repealed.
Provided, however, that when a bill includes, or consists of, the
repeal of an entire section or chapter, it shall not be necessary
to print such repealed section or chapter. RULE
29 Bills, Manner
of Passing. -- No
law shall be passed except by bill, nor shall any bill be put upon
its final passage, until the same, with the amendments thereto, shall
have been printed for the use of the members; nor shall any bill become
a law unless the same shall have been read on three several days in
each house previous to the final vote thereon; provided, in case of
urgency, two-thirds of the membership of the House where such a bill
may be pending may, upon a vote of the ayes and nays, dispense with
this provision. On the final passage of all bills they shall be read
at length, section by section, and the vote shall be entered upon
the Journal; and no bill shall become a law without the concurrence
of a majority of the members present. RULE
30 Memorials and
Resolutions. -- House
memorials and resolutions shall be acted upon in the same manner as
bills; provided, however, that on final passage, joint resolutions
must have the approval of two-thirds of the entire membership of the
House. RULE
31 Amendments must
be Germane. -- No
motion or proposition on a subject different from that under consideration
shall be admitted under color of amendment. RULE
32 Withdrawal of
Bills and Joint Resolutions. -- When a bill or joint resolution is asked
by a member of the House to be withdrawn it shall be stated the number,
the author, and in a few words the reason for withdrawing and only
by unanimous consent or a two-thirds vote of the members of the House
present shall it be granted. RULE
33 Senate Bills.
-- A similar
code of procedure shall be observed with bills which have originated
in and passed the Senate as with bills originated in the House, except
they shall not be printed. RULE
34 Previous Question.
-- Upon the
previous question being ordered by a two-thirds majority of the members
present, if a quorum, the effect shall be to cut off debate and bring
the House to a direct vote upon the pending question. When the previous
question is decided in the negative, it shall leave the main question
under debate for the residue of the sitting, unless sooner disposed
of. RULE
35 Effects of Motions
to Postpone Indefinitely and to Lay on the Table. -- The adoption of a motion
to postpone a question indefinitely shall suppress such question and
the subject thereof during the whole of that session. Once a matter has been laid on the table
it may be taken therefrom only by a vote of two-thirds of the membership
of the House. RULE
36 Roll Call. -- (a) The ayes and nays shall
be ordered and recorded without request upon the final passage of
bills, joint resolutions, motions or resolutions for the expenditure
of public moneys, and for suspension of the reading of bills on three
several days as provided in Rule 29. The ayes and nays shall not be
ordered on other matters unless requested by three members. (b) On third reading, the question shall
be stated as follows: "The question is: Shall House (or Senate)
Bill Number pass?" (c) If an electrical voting machine is
used, the presiding officer shall use a warning device after stating
the question and then state: "The Clerk will unlock the machine
and members will record their vote." After a reasonable pause,
the presiding officer will ask: "Has every member voted?"
(Reasonable Pause) "Does any member wish to change his vote?"
(Reasonable Pause) "The Clerk will lock the machine and record
the vote." (d) Any member may explain his vote after
the vote is announced, and before the next item of business is taken
up, but no member will be allowed to change his vote after the vote
is announced by the chair. (e) Whenever necessary for the purpose
of interpreting these rules, aye shall be the same as "yes"
and nay shall be the same as "no." RULE
37 Speaker Votes.
-- The Speaker
shall vote upon all questions taken by ayes and nays, including appeals
from his decisions. The Speaker shall have no power to cast a second
vote to break a tie vote. RULE
38 Members must
Vote. -- (1)
Except as provided in subsection (3), every member present within
the bar of the House shall vote on any question put, unless excused
by the House by majority vote of the members present. (2) When a member casts his
vote, unless he is paired pursuant to Rule 41, he must be in his seat
on the floor of the House and remain seated until the roll call is
announced. (3) A member has the right to
vote upon all questions before the House and to participate in the
business of the House and its committees and, in so doing, the member
is presumed to act in good faith and in the public interest. If a
member's personal interest in the issue under consideration conflicts
with the public's interest, the member's legislative activities can
be subject to limitations, unless such conflicts are disclosed to
the presiding officer or to the body. Upon disclosure of any such
conflict, the member may vote upon any question or issue to which
the conflict relates, unless the member requests to be excused. RULE
39 Clerk Not to
Be Annoyed. -- No
member or any person shall remain by the Clerk's desk when the ayes
and nays are being polled. RULE
40 Reconsideration.
-- When a motion
has been made and carried, or lost, it shall be in order for any member
who voted on the prevailing side to give notice on the day the said
motion was carried, or lost, during and at order of business then
prevailing or at the first call of the next succeeding order of business
that he may on the same or succeeding day move to reconsider such
motion, and thereupon if the subject of such motion to reconsider
affects a bill, memorial, or resolution, the same shall be held upon
the Clerk's desk until such motion to reconsider be disposed of. When
such notice has been given, only such member giving said notice may
on the same day make such motion to reconsider, or any member voting
on the prevailing side may on the succeeding day, at the first call
of the seventh order of business make said motion to reconsider, or
it may not thereafter be heard; provided, that on and after the thirty-fifth
day of the session and on the fifteenth day of any special session,
the motion to reconsider may be made only on the same day the vote
to be considered is taken, under the thirteenth order of business
and may be made by any member voting on the prevailing side. Reconsideration
shall be decided by a majority vote of the members present. RULE
40(A) Rescind or Repeal.
-- A motion
to rescind may be used to reverse a previous action after the time
for reconsideration has passed. It may not be used in any case when
an action has previously been reconsidered, or when vested rights
have accrued or after a bill has passed the legislative body and has
become law or when an act or resolution has been carried out. The motion to rescind may be made by any
member whether he voted with the prevailing side or not. The motion
is debatable and opens the entire question to debate. A motion to
rescind shall require a two-thirds majority of the members present
to pass; except that, if the action which is proposed to be rescinded
required a two-thirds majority of the total membership of the House,
the motion to rescind shall require a two-thirds majority of the total
membership of the House to pass. RULE
41 Pairing. -- (1) Pairing shall be permitted
upon the absence of one, both, or all pairing members for good cause
shown, shall be in writing, shall specifically state the bill or bills,
or proposition, upon which pairs are arranged, and shall be announced
by the Clerk, after the completion of the roll call, from a written
list furnished to the Clerk. The pairs shall be recorded in the total
vote and published in the Journal as a part of the proceedings; provided,
pairs shall be broken if both members of the pair answer, or any member
pairing, answers a roll call, regardless of whether pairs are for
one or more bills. If only one of a pair be absent, none of the others
shall debate or vote on the roll call for any measure as to which
the member has paired or if the member should vote on the roll call,
this vote shall not be counted therein, but shall be counted as paired. (2) Two members may pair upon a roll call
vote to be determined by a simple majority. On any question requiring
a two-thirds majority for adoption by roll call, a pair shall require
three members, two affirmative and one negative. RULE
42 Courtesy. -- When the Speaker is putting
the question no member shall walk out or across the hall, nor leave
during the roll call; nor when a member is speaking shall any person
entertain any private discourse or pass between him and the Chair;
nor shall a member, at any time during the time the House is in session,
pass between the members of the House and the Speaker's Chair. RULE
43 Reference of
Bills. -- (1)
All House bills, memorials and resolutions shall upon their introduction
and first reading, be ordered printed by the Judiciary, Rules and
Administration Committee. When reported printed by the Chief Clerk,
the Speaker shall refer the instrument to a standing committee, or
shall order the instrument filed for second reading. All Senate bills,
memorials and resolutions shall be referred directly by the Speaker
to a standing committee or to the second reading calendar. (2) If a bill, memorial or resolution is
reported by the standing committee to which it has been referred without
amendment, it shall be placed upon the second reading calendar, but
if such committee report a bill, memorial or resolution with amendments,
the same with the amendments shall be placed upon the general orders
calendar for consideration by the Committee of the Whole House. RULE
44 Engrossed Bills.
-- All House
bills, memorials or resolutions that have been amended by the House
shall be referred to the Committee on Judiciary, Rules and Administration,
and when properly engrossed shall be placed upon the calendar for
first reading of engrossed bills, but shall not be again referred
to a committee unless otherwise ordered by the House by a majority
vote of the members present. The Committee on Judiciary, Rules and
Administration may order the printing of the engrossed instrument
in such numbers as necessary to provide copies for the use of the
legislative session. No House bill, memorial or resolution shall be
engrossed unless amended by the House. No Senate bill shall be engrossed
by the House. RULE
45 Call for Bills
or Memorials or Resolutions. -- When any bill, memorial or resolution
has been in the hands of any committee for five days, any member of
the House may, at the fifth or seventh order of business, upon the
floor of the House, call for the same; whereupon it shall be the duty
of said committee to report said bill, memorial or resolution to the
House under the order of business of committee reports, not later
than the following morning session. The House may, however, upon motion
approved by a majority of the members present, grant said committee
further time; provided, that after the thirtieth day of the session
any bill, memorial or resolution must be reported forthwith out of
the committee to which it has been referred, with or without recommendations,
upon the request of any member, unless otherwise ordered by the House
by a vote of a majority of the members present. RULE
46 Amendments;
Correction of Typographical Error. -- No amendment of any Bill or Joint Memorial
or Joint or Concurrent Resolution shall be considered by the House
except the same shall have been first considered by the Committee
of the Whole House but all Bills, Joint Memorials or Joint or Concurrent
Resolutions may be recommitted at any time previous to their passage;
provided, however, that a typographical or clerical error in any Bill,
or Joint Memorial or Joint or Concurrent Resolution, which does not
affect the general context thereof, may be corrected and amended by
a motion considered by the House without prior consideration by the
Committee of the Whole House. RULE
47 Chairman of
the Committee of the Whole House. -- In forming the Committee of the Whole
House the Speaker shall appoint a chairman to preside. RULE
48 General Orders
-- Consideration of. -- When the House has arrived at the general
order of the day, it shall resolve itself into a Committee of the
Whole House, and shall consider, act upon, or pass all matters referred
to it in the order of their reference, unless the committee shall
sooner rise. RULE
49 Rules of House
Apply in Committee of the Whole House, Exception. -- The rules of the House shall
be observed in Committee of the Whole House, so far as the same may
be applicable, except that the ayes and nays shall not be called,
nor the previous question enforced. The Committee of the Whole House
shall not consider any appeal from a decision of its Chairman, but
in case a member is dissatisfied with any such decision, the committee
shall at once rise and report the question to the House for determination,
when the Speaker shall rule upon the the point, subject to appeal
to the House as in other cases. RULE
50 Committee of
the Whole House -- Procedure in. -- (1) Bills committed to the Committee of
the Whole House shall not be read and there shall be no general debate
unless a motion to allow general debate is approved by members of
the Committee of the Whole House. The mover of an amendment shall
be allowed five minutes to explain the amendment and debate in favor
thereof. The mover may yield all or any portion of his time to other
members for debate in favor of the amendment. Thereafter, five minutes
shall be allowed for debate in opposition to the amendment. Time consumed
by questions and answers shall not be deducted from the five minutes
allotted to each side for debate. The mover of the amendment shall
have the privilege of closing debate on the amendment. Closing debate
shall be limited to two minutes. No amendment shall be withdrawn by
the mover thereof unless by majority consent of the Committee. Each
proposed amendment shall be in writing, shall be reported to the House
by the Chairman and shall contain, either on the face of the amendment,
or on a sheet attached to the front page thereof, the following: (a)
A concise statement of purpose. (b)
Names of the mover and the seconder in the upper right hand corner. No amendment shall be considered by the
Committee of the Whole House until written copies thereof with the
above information included, have been delivered to each member of
the House. (2) The simple motion that the committee
shall rise shall always be in order, except when a member has the
floor, and shall be decided, by a majority vote of the members present,
without debate. (3) The motion to strike out the enacting
clause shall not be made until after the first section or clause of
the bill has been read for amendment, and is debatable five minutes
on either side. (4) All business of the House and Committee
of the Whole House shall be transacted openly. RULE
51 Adjournment,
Motion. -- A
motion to fix a time to which to adjourn or a motion to adjourn shall
always be in order, except when a member is addressing the Chair or
a vote is being taken, or when the House is under call as provided
in Rule 7. RULE
52 Adjournment,
Decorum at. -- When
the House adjourns, the members shall keep their seats until the Speaker
announces the adjournment. RULE
53 Standing Committees.
-- Standing
Committees shall be appointed by the Speaker. The number of members
on each committee shall be fixed in the order of appointment, and
such order shall be read into the journal. The standing committees
are:
RULE
54 Standing Committees,
Meetings. -- No
meetings of any standing or select committee shall be held at the
time the House is in session, except by permission of the Speaker. RULE
55 Committee Meetings,
Notice of. -- The
chairman of each standing or select committee shall lay on the Clerk's
desk, to be read previous to adjournment, notice of the time and place
of meeting of such committee. RULE
56 Chairman of
the Committee. -- The
first-named member of each committee shall be the chairman, and in
his absence, or having been excused by the House, the next-named member
and so on, as often as the case may happen, shall act as chairman. RULE
57 Committee Meetings
to be Open, Executive Sessions Limited, Disruption of Meetings. -- (1) All regular meetings
of any standing, special or select committee of the House of Representatives
shall be open to the public at all times. Any person may attend any
meeting of any standing or select or special committee, but may participate
in said committee only with the approval of the committee itself. (2) Executive sessions of a standing, special
or select committee of the House of Representatives shall be limited
and undertaken only when necessitated by extraordinary circumstances
as provided in this rule. Except in an emergency involving security
or threats against state citizens, resources or facilities, an executive
session may be considered by a committee only after the committee
has given public notice at least twenty-four hours in advance of the
meeting that the committee will have before it a request to meet in
executive session, has listed the person(s) or agency that has requested
the executive session, and has described the reason(s) for which an
executive session has been requested. Only after the committee chairman
has identified the reason(s) for holding the executive session and
only upon a two-thirds vote recorded in the minutes of the meeting
of the committee, shall a committee be allowed to hold an executive
session during any meeting, at which time persons who are not members
of the legislature may be excluded. Executive sessions shall be held
only when and to the extent necessary to: discuss records that are
exempt from public disclosure by statute, court decision or court
rule; consider pending litigation, mediation or arbitration; consider
personnel decisions involving a legislative employee; conduct a preliminary
investigation of an ethics complaint against a member under House
Rule 76; consider charges brought against or the discipline or dismissal
of a member when public disclosure would harm an innocent third party;
discuss the security of or threats against state citizens, resources
or facilities; or discuss acquiring an interest in real property which
is not owned by a public agency. Under no circumstances, however,
shall an executive session be authorized or held for the purpose of
taking any final action or making any final decision, and during such
executive session, no votes or official action may be taken. (3) Nothing in this rule shall prohibit
the removal of any person who willfully disrupts a meeting to the
extent that orderly conduct is seriously compromised. RULE
58 Public Hearings.
-- No public
hearing shall be had in the House Chamber during any legislative day;
provided, that with the consent of the Speaker, any public hearing
may be had in the evening between the hours of 7:00 and 10:00 o'clock
upon the request of the Chairman of any standing committee. RULE
59 Reports of Committees.
-- In case all
the members of any committee are required or entitled to report on
any subject referred to them, and cannot agree upon any report, the
majority and minority may each make a special report, and any member
dissenting in whole or in part from the reasoning and conclusions
of both majority and minority may also present to the House a statement
of his reasonings and conclusions, and all reports, if decorous in
language and respectful to the House, shall be entered at length on
the Journal. RULE
60 Journal Committee.
-- The Committee
on Judiciary, Rules and Administration shall examine and verify the
Journal prior to its approval and certify the correctness thereof
to the House. RULE
61 Enrollment Committee.
-- The Committee
on Judiciary, Rules and Administration shall examine all House bills,
memorials and resolutions which have passed the two houses, and when
reported correctly enrolled they shall be presented to the presiding
officers of the House and Senate for their signatures, and when signed
shall be referred to the Committee on Judiciary, Rules and Administration
for delivery to the Governor or the Secretary of State, as the case
may be, and the date of such delivery shall be reported to the House. RULE
62 Engrossment
Committee. -- The
Committee on Judiciary, Rules and Administration shall examine all
bills after they are engrossed and report the same to the House, correctly
engrossed. The Chief Clerk shall be ex-officio member
of said committee. Such committee may report at any time. RULE
63 Committee on
Rules. -- It
shall be the duty of the Standing Committee on Judiciary, Rules and
Administration to report and recommend the adoption of any special
rule when the business of the House seems to the committee to require
it. RULE
64 Chief Clerk,
Custodian of Papers. -- Neither the Chief Clerk nor his assistant
shall permit any records or papers belonging to the House to be taken
out of their custody otherwise than in the regular course of business,
and doing so, shall be subject to reprimand by the Speaker; and such
further penalty as the House may impose. The Chief Clerk shall report
any missing papers to the Speaker; shall have general supervision
of all clerical duties appertaining to the business of the House;
shall perform under the direction of the Speaker, all duties pertaining
to the business of his office. RULE
65 Attaches, Duties.
-- All attaches
of the House shall be required to be on duty during the sessions of
the House and during such other hours as they may be needed for the
business of the House, unless excused by the Speaker. RULE
66 Attaches, Lobbying.
-- Attaches
of the House shall not be permitted to lobby for or against any bill
or measure pending. It shall be the duty of the Speaker of the House
of Representatives to summarily discharge any attache of the House
violating this rule. RULE
67 Seating. -- Upon the organization of
the House of Representatives and the adoption of temporary rules,
the House shall be declared "at ease," and the members shall
retire to the sides of the House and proceed to select their seats
in the following manner: (1) The Majority and Assistant Majority
Leader, Minority and Assistant Minority Leader, the Majority Caucus
Chairman and the Minority Caucus Chairman shall first select their
seats. (2) Such members of the House as may have
a physical defect which in the Speaker's opinion requires special
seating arrangements shall next select their seats. (3) Former members of the House shall next
select their seats, with priority determined on the basis of the total
number of terms served in the House. Those with consecutive terms
immediately prior to the present session shall have priority over
those with the same or a greater number of nonconsecutive terms, and
of those not having served immediately prior to the present session.
In the event two or more Representatives, not having served a term
immediately prior to the present session, shall have served an equal
number of past terms, service in the Senate shall be computed to determine
priority as between them. (4) Former members of the Senate shall
next select their seats, and those having served the greatest number
of terms in the Senate shall have priority. (5) The names of all remaining members
shall be placed in a hat by the Chief Clerk, the names drawn by him,
and as each member selects his seat, he shall proceed to the seat
selected by him and remain therein until the business of selecting
seats shall be completed. (6) In all cases in which two or more Representatives
have the same priority, the order of seating shall be determined by
lottery as provided in subsection (5) above. (7) The seating arrangements set forth
in the preceding paragraphs shall be subject to the provision that
the members of each party shall be seated as nearly as possible in
adjacent seats, and in the event one party has a majority which requires
seating of its members on the side of the chamber occupied by the
members of the minority party, such majority party shall have the
right to select as many seats as are necessary to accommodate its
membership on the side closest to the regular seats of the majority
party, subject only to Paragraph 1 of this Rule, and the minority
party shall be required to make such seats available to the members
of the majority party. RULE
68 Admittance to
Floor of House. -- The
following persons shall be admitted to the floor of the House of Representatives
during sessions: legislators, elected state officials, former state
legislators, legislative employees and representatives of the news
media. In order to be admitted to the floor of the House, elected
state officials, former state legislators, legislative employees and
representatives of the news media shall be required to wear badges
prepared by the Chief Clerk. Any elected state official or former state
legislator must be sponsored by a legislator in order to be admitted
to the floor of the House. Any other guest of the House must be cleared
through the Speaker of the House, or persons designated by the Speaker,
and through the Sergeant at Arms, in order to be admitted to the floor
of the House. RULE
69 Control of Visitors
to House Floor. -- No
person except those on official business of the House shall be allowed
inside the House Chambers from 30 minutes prior to the convening of
the House and until 10 minutes after the House is adjourned; or at
any time when the House is in recess, except as provided in Rule 68.
Provided, however, that no one lobbying for or against any measure
shall be permitted on the floor of the House except by invitation
of a member. RULE
70 Session Decorum.
-- (1) Smoking
and the consumption of food and beverage will not be allowed in the
Representative Chamber or gallery while the House is in Session. (2) Persons in the Chamber shall wear proper
attire to maintain decorum of the House. RULE
71 Clearing Galleries.
-- In case of
any disturbance or disorderly conduct in the lobby or gallery, the
Speaker or the Chairman of the Committee of the Whole House shall
have the power to order the same to be cleared. RULE
72 Distribution
of Written or Printed Matter. -- No written or printed matter shall be
distributed to the Representatives directly, but shall be deposited
in appropriate mail boxes set aside for them, except communications
from any member or employee of the Legislature, committee of the Legislature,
elected state official, or state department or agency may be delivered
directly to the Representatives' desks. No written or printed matter,
except such as may be forwarded through the United States mail, shall
be distributed to the Representatives under any circumstances unless
it shows the name and address of the person or organization responsible
for such distribution. Any person or organization desiring to distribute
correspondence or written or printed matter to the Representatives
or number of them at one time, shall first obtain the permission of
the Sergeant at Arms or the Speaker of the House and such distribution
shall be made under the supervision of the Sergeant at Arms. RULE
73 Amended Bills.
-- When a bill,
resolution, or memorial passed by the House of Representatives has
been amended in the Senate, upon its return to the House, the House
shall concur or not concur, or may order the bill referred to a standing
committee which shall on that day or the next succeeding day return
it to the desk with a committee recommendation for concurrence in
such amendment or rejection thereof. If the House does not concur,
a conference committee may be appointed to confer with a similar committee
from the Senate, pursuant to the Joint Rule on Conference Committees. RULE
74 Attaches, Selection,
Removal, Duties and Compensation. -- The House shall by resolution determine
the attaches to serve the House during each session and the compensation
to be paid therefor. The Speaker of the House shall select all attaches
and they shall serve at his pleasure. The Speaker shall prescribe
the duties of all attaches and have general supervision of all attaches
in the performance of their duties. RULE
75 Recording, Filming
or Transmission. -- Except
newsmen accredited as provided in Joint Rule 14, no person shall tape
record, film or transmit by other means, live proceedings of the House
of Representatives or committees thereof without consent of the presiding
officer or leave of the body. In the event authorized recording, filming
or transmission of live proceedings by persons other than those covered
by Joint Rule 14, the presiding officer shall notify all present they
are being thus recorded, filmed or transmitted. RULE
76 Amended and
Adopted 2/5/2013 Committee on Ethics.-- (1) Before the end of the
twelfth day of the first regular session of each Legislature, an ethics
committee shall be organized and its membership shall be determined.
The ethics committee shall consist of five members of the House, three
of whom shall be members of the majority party and two of whom shall
be members of the minority party. House members holding leadership
positions shall not serve on the ethics committee. Committee Chairmen
may serve on the ethics committee. Committee members shall not have
been previously sanctioned by the House for an ethics violation pursuant
to this rule. (2) The Caucus Chairman of each
party shall conduct the election of ethics committee members as follows: (a) Phase I: At
a designated caucus meeting, each Caucus Chairman shall receive from
members of their respective caucus a silent ballot nominating to membership
on the ethics committee up to three members who have previously served
at least one full term. Each caucus chairman and the two elected at-large
legislative council members for the caucus shall prepare a ballot
of nominees consisting respectively of the five nominees for the majority
party and the four nominees for the minority party receiving the most
nominating votes. (b) Phase II: By
silent ballot, each member of the majority party shall vote for three
and of the minority party for two nominees on their respective ballots.
The caucus chairman and the two elected at-large legislative council
members for the caucus shall count the votes and prioritize the members
from greatest to least number of votes received. The three members
of the majority party and the two members of the minority party receiving
the highest number of votes shall be members of the ethics committee
for the term of the Legislature. Others receiving votes shall serve
in order of priority as committee alternates for their respective
party. (c) Committee members
may be reelected to a subsequent committee. A vacancy on the committee
shall be filled with the highest priority alternate available to the
party entitled to fill the vacancy. When no elected alternates are
available to fill a vacancy, such vacancy shall be filled by majority
vote of the House members of the party entitled to fill the vacancy.
Except as otherwise provided in subsection (9) of this rule, a member
filling a vacancy shall serve for the remainder of the unexpired term. (d) The Speaker
of the House shall appoint one of the members of the committee as
chairman of the committee. (3) (a) The
chairman of the ethics committee shall receive complaints from any
member of the House. (b) The complaint
shall be in writing, signed and contain one or more of the following
allegations: (i) Conduct
unbecoming a Representative which is detrimental to the integrity
of the House as a legislative body; (ii) Disclosure
of information that is confidential as provided in House rules; (iii) Conduct constituting
a felony under any state law, or which violates any state law relating
to the use of public office for private pecuniary gain; (iv) A violation
of any state law or House rule relating to conflicts of interest involving
legislative duties; or (v) A violation
of any state law or House rule that brings discredit to the House
of Representatives or that constitutes a breach of public trust. (c) The complaint
shall be specific and provide: (i) The name
of the member of the House of Representatives alleged to be in violation; (ii) Reference
to the House rule and/or applicable state law supporting the alleged
violation; (iii) A description of
the facts and circumstances supporting each alleged violation; and (iv) The evidence
the complainant has at the time of making the complaint supporting
the facts and violation alleged in the complaint. (d) Subject to
the provisions of this rule, the committee shall review the written
complaint. The committee shall dismiss any ethics complaint that: (i) Does
not comply with this rule; or (ii) Alleges violations
that occurred either before the accused member was first elected to
the House of Representatives or for which an applicable statute of
limitation has run. (e) Written complaints
shall remain confidential until such time as the ethics committee
finds probable cause that such member has committed misconduct as
provided in this rule. (4) The committee shall notify
the person against whom the complaint was brought and shall provide
such person with a copy of the complaint and evidence submitted supporting
the complaint. The person complained against may submit a written
answer to the committee. The member complained against shall provide
such written answer to the chairman of the committee no later than
fourteen days following the date that the copy of the complaint was
provided to the member complained against. Following receipt of the
answer or if no answer to the complaint is provided to the chairman
within the time period provided, the committee shall meet and conduct
a preliminary investigation of the complaint. Notwithstanding the
provisions of House Rule 57, such meeting shall be held in executive
session. At the preliminary investigation, the committee shall determine,
based upon the complaint, other relevant information and the answer
to the complaint, whether probable cause exists that the member committed
misconduct as provided in this rule. If, at the conclusion of the
preliminary investigation, the committee determines no probable cause
exists that misconduct has occurred, the complaint shall be dismissed
and the written complaint shall remain confidential. If, at the conclusion
of the preliminary investigation, the committee determines probable
cause exists that misconduct may have occurred, the committee shall
so notify the person complained against and the written complaint
against the member shall no longer be confidential but shall become
a public document. (5) Following a finding of
probable cause and in a timely fashion, the committee shall conduct
a public hearing before which the member shall be entitled to appear,
present evidence, cross-examine witnesses, and be represented by counsel.
The complainant or authorized agent of the complainant shall first
present the complaint and supporting evidence and testimony to the
committee. The committee shall have the power to take testimony under
oath and to issue subpoenas and subpoenas duces tecum in the manner
provided in Section 67-407, Idaho Code, and make inquiry
and discover evidence relevant to the allegation. Formal rules of
evidence are not applicable; however, evidence shall be weighed according
to its reliability, and the accused may raise objection to any evidence.
The accused may defer presentation of any defense until all of the
evidence has been presented in support of the complaint. The accused
shall have a full and fair opportunity to obtain and review all of
the evidence in support of the complaint. (6) If after investigation
and hearings held pursuant to this rule, the committee finds by clear
and convincing evidence that a violation of the standards contained
in this rule occurred, the committee shall make appropriate recommendations
to the House of Representatives. By four-fifths vote of the committee,
the committee shall recommend dismissal of the charges, reprimand,
censure or expulsion, provided that a recommendation for expulsion
shall only be based upon a finding beyond reasonable doubt that misconduct
involves commission of a felony or use of public office for pecuniary
gain under subsection (3)(b)(iii) of this rule. The sanction of censure
may be with or without conditions or restrictions placed upon the
member. The committee shall prepare a report setting forth its findings,
recommendation and reasons for such recommendation. The House of Representatives
shall vote on the recommendation of the committee, as set forth in
the report, during the regular session of the Legislature in which
the committee reports. If the committee meets and reports during the
interim when the Legislature is not in session, then the House of
Representatives shall vote on the committee recommendation during
the next regular session of the Legislature. If the committee does
not issue a recommendation within thirty days of the conclusion of
the public hearing, the complaint shall be deemed dismissed. Expulsion
of a House member shall require the affirmative vote of two-thirds
of the members elected to the House, as provided by Section 11 of
Article III of the Constitution. Reprimand or censure of a member
shall require the affirmative vote of a majority of the members elected
to the House. Action of the House pursuant to this rule is final and
not subject to court review. (7) The committee may retain
such counsel and may hire such investigators as it deems necessary
for the performance of its duties under this rule. All expenditures
incurred pursuant to this subsection shall be approved by the Chairman
and paid by vouchers and warrants drawn as provided by law from appropriations
made to the Legislative Account. (8) The committee may adopt
rules of procedure for the orderly conduct of committee meetings,
investigations and hearings, which rules shall be consistent with
this rule and other applicable rules and statutes. (9) If the written signed complaint
concerns misconduct of a member of the ethics committee, then that
member shall be disqualified and shall not serve on the committee
for any purpose relating to such complaint. A vacancy on the committee
created as a result of this subsection shall be filled by an alternate
in accordance with the provisions of subsection (2)(c) of this rule,
except that the fulfillment of any such vacancy shall only be for
purposes relating to such complaint. RULE
77 Appointment
-- Powers and Duties of Subcommittees. -- (1) Any committee of the House of Representatives,
except the committee of the whole, may appoint a subcommittee. The
subcommittee can make such investigation or exercise such authority
of the committee as delegated to it by the committee. The subcommittee
shall report to the committee from which it was appointed and not
to the House. A subcommittee may consist only of members of the committee
from which appointed. A subcommittee shall issue a report within twenty-eight
calendar days after being appointed by the committee unless the subcommittee
requests additional time to meet and confer and the committee grants
that request. (2) In cases or with legislation demanding
special investigation or inquiry, it is proper for a committee to
appoint subcommittees, referring certain matters to their particular
consideration, and to receive and consider the reports of subcommittees.
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