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HR003.....................................................by WAYS AND MEANS OPEN MEETING - HOUSE RULE - Amends House Rule 57 to provide that all regular meetings of any standing, special or select committee of the House of Representatives shall be open to the public at all times and to provide for executive sessions. 04/11 House intro - 1st rdg - to printing Rpt prt - to 2nd rdg Rls susp - ADOPTED - 56-12-2 AYES -- Anderson, Andrus, Barraclough, Barrett, Bastian, Bayer, Bedke, Bell, Bilbao, Black, Block, Bolz, Brackett, Bradford, Cannon, Chadderdon, Clark, Collins, Crow, Deal, Denney, Edmunson, Ellsworth, Eskridge, Field(18), Field(23), Garrett, Hart, Harwood, Henderson, Kemp, Lake, Loertscher, Mathews, McGeachin, McKague, Miller, Moyle, Nielsen, Nonini, Raybould, Ring, Roberts, Rydalch, Sali, Schaefer, Shepherd(8), Shirley, Skippen, Smith(24), Smylie, Snodgrass, Stevenson, Wills, Wood, Mr. Speaker NAYS -- Boe, Henbest, Jaquet, LeFavour, Martinez, Pasley-Stuart, Pence, Ringo, Rusche, Sayler, Shepherd(2), Smith(30) Absent and excused -- Mitchell, Trail Floor Sponsor - Mr. Speaker Title apvd - Filed in Office of the Chief Clerk
]]]] LEGISLATURE OF THE STATE OF IDAHO ]]]] Fifty-eighth Legislature Second Regular Session - 2006IN THE HOUSE OF REPRESENTATIVES HOUSE RESOLUTION NO. 3 BY WAYS AND MEANS COMMITTEE 1 A HOUSE RESOLUTION 2 PROVIDING FOR THE AMENDMENT OF RULE 57 OF THE RULES OF THE HOUSE OF REPRESEN- 3 TATIVES. 4 Be It Resolved by the House of Representatives of the State of Idaho: 5 WHEREAS, the House of Representatives deems it necessary and desirable to 6 amend Rule 57 of the Rules of the House of Representatives. 7 NOW, THEREFORE, BE IT RESOLVED by the members of the House of Representa- 8 tives, assembled in the Second Regular Session of the Fifty-eighth Idaho Leg- 9 islature, that Rule 57 of the Rules of the House of Representatives shall be 10 amended to read as follows: 11 RULE 57 12 Committee Meetings, Attendanceto be Open, Executive Sessions Limited, 13 Disruption of Meetings.--(1) All regular meetings of any standing, special or 14 select committee of the House of Representatives shall be open to the public 15 at all times. Any person may attend any meeting of any standing or select or 16 special committee, but may participate in said committee only with the 17 approval of the committee itself.Such committee may resolve itself into exec-18utive session upon the vote of two-thirds of the membership of the committee,19at which time persons who are not members of the legislature may be excluded,20provided however, that during such executive session, no votes or official21action may be taken.22 (2) Executive sessions of a standing, special or select committee of the 23 House of Representatives shall be limited and undertaken only when necessi- 24 tated by extraordinary circumstances as provided in this rule. Except in an 25 emergency involving security or threats against state citizens, resources or 26 facilities, an executive session may be considered by a committee only after 27 the committee has given public notice at least twenty-four hours in advance of 28 the meeting that the committee will have before it a request to meet in execu- 29 tive session, has listed the person(s) or agency that has requested the execu- 30 tive session, and has described the reason(s) for which an executive session 31 has been requested. Only after the committee chairman has identified the 32 reason(s) for holding the executive session and only upon a two-thirds vote 33 recorded in the minutes of the meeting of the committee, shall a committee be 34 allowed to hold an executive session during any meeting, at which time persons 35 who are not members of the legislature may be excluded. Executive sessions 36 shall be held only when and to the extent necessary to: discuss records that 37 are exempt from public disclosure by statute, court decision or court rule; 38 consider pending litigation, mediation or arbitration; consider personnel 39 decisions involving a legislative employee; conduct a preliminary investiga- 40 tion of an ethics complaint against a member under House Rule 76; consider 41 charges brought against or the discipline or dismissal of a member when public 42 disclosure would harm an innocent third party; discuss the security of or 43 threats against state citizens, resources or facilities; or discuss acquiring 2 1 an interest in real property which is not owned by a public agency. Under no 2 circumstances, however, shall an executive session be authorized or held for 3 the purpose of taking any final action or making any final decision, and dur- 4 ing such executive session, no votes or official action may be taken. 5 (3) Nothing in this rule shall prohibit the removal of any person who 6 willfully disrupts a meeting to the extent that orderly conduct is seriously 7 compromised.
STATEMENT OF PURPOSE RS 16351 Article III, Section 9 of Idaho's Constitution gives both houses of the Legislature the power to determine their own rules of proceeding. This House resolution would establish a House Rule governing meetings of standing, special or select committees. The resolution deletes portions of an earlier rule, and is intended to supersede any other rules or statutes in conflict concerning those committees. The resolution would require all members of any standing, special or select committee of the House to be open to the public at all times, and describes the conditions under which public testimony would be allowed. The resolution provides that committees could meet in executive session only when necessitated by extraordinary circumstances, and only after the chair has identified the reason for doing so and after the committee has approved such action by a two-thirds vote on the record. The resolution also requires that, except for emergency security matters, a committee must give at least 24 hours advance notice that it will consider going into executive session, and list the person(s) or agency requesting the executive session, and the reason(s) why an executive session has been requested. The resolution also lists the narrow, limited matters that might be discussed in executive session exempt records, pending litigation, employee personnel, preliminary investigations, discipline matters that could harm an innocent third party, security issues, or acquiring real property but the resolution prohibits voting or taking any official action while in executive session. FISCAL NOTE There is no fiscal impact from this resolution. Contact Name: Bruce Newcomb, Speaker of the House Phone: (208) 332-1000 STATEMENT OF PURPOSE/FISCAL NOTE HR 3