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SR108................................................by JUDICIARY AND RULES SENATE RULE 20 - Stating findings of the Legislature and amending Senate Rule 20 to provide that all meetings of any standing, select, or special committee shall be open to the public at all times; and to provide a list of extraordinary circumstances when, and the circumstances under which, executive sessions can be held. 04/03 Senate intro - 1st rdg - to printing Rpt prt - to 10th Ord 04/05 10th Ord - ADOPTED - 26-8-1 AYES -- Andreason, Broadsword, Bunderson, Burtenshaw, Cameron, Coiner, Compton, Corder, Darrington, Davis, Fulcher, Gannon, Geddes, Goedde, Hill, Jorgenson, Keough, Little, Lodge, McGee, McKenzie, Pearce, Richardson, Stegner, Sweet, Williams NAYS -- Burkett, Kelly, Langhorst, Malepeai, Marley, Schroeder, Stennett, Werk Absent and excused -- Brandt Floor Sponsor - Davis Title apvd - Filed in Office of Secretary of Senate
]]]] LEGISLATURE OF THE STATE OF IDAHO ]]]] Fifty-eighth Legislature Second Regular Session - 2006IN THE SENATE SENATE RESOLUTION NO. 108 BY JUDICIARY AND RULES COMMITTEE 1 A SENATE RESOLUTION 2 PROVIDING FOR THE AMENDMENT OF RULE 20 OF THE RULES OF THE SENATE. 3 Be It Resolved by the Senate of the State of Idaho: 4 WHEREAS, the Senate deems it necessary and desirable to amend Rule 20 of 5 the Rules of the Senate. 6 NOW, THEREFORE, BE IT RESOLVED by the members of the Senate, assembled in 7 the Second Regular Session of the Fifty-eighth Idaho Legislature, that Rule 20 8 of the Rules of the Senate shall be amended to read as follows: 9 RULE 20 10 Committees--Quorum.--(A) Committees shall not proceed to the transaction 11 of business except upon a quorum being present when the committee convenes, 12 nor thereafter if any member objects to a lack of a quorum. A quorum shall 13 consist of a majority of the committee membership. 14 Committee Meetings.--(B) No committee shall meet during the session of 15 the Senate, nor at any time occupy the Senate Chamber, without leave of the 16 Senate. 17 Committees--Rules and Procedure.--(C) Unless otherwise specified, general 18 rules of procedure governing the Senate shall govern procedure in all commit- 19 tees and subcommittees, except there may be no call of any committee or of the 20 Senate while in the Committee of the Whole. A motion to adjourn shall not be 21 in order in the Committee of the Whole. 22 CommitteeHearingsMeetings to be Open.--(D) Allproceedings of the Sen-23ate and the Committee of the Whole shall be open. Hearings held bymeetings of 24 any standing, select, or special committee shall be open to the public at all 25 times, and any person may attend any hearing of such committee, but may par- 26 ticipate in the committee only with the approval of the committee itself. The 27 committee chairman, or the acting chairman, shall announce the subject of the 28 matter under inquiry and proceed with hearing testimony or examining wit- 29 nesses. Each person testifying before the committee shall state his name, 30 address, business, or occupation, and special interest in the matter being 31 heard. 32Committee Meetings Attendance.--(E) All persons may attend any meeting of33any standing, select, or special committee, but may participate in delibera-34tions or discussions only with the approval of the committee. Nothing con-35tained in this rule shall be construed to prevent, upon a two-thirds vote36recorded in the minutes of the meeting of the committee, the committee from37holding an executive session during any meeting, at which time persons who are38not members of the legislature may be excluded, provided however, that during39such executive session, no votes or official action may be taken.40 Committee Meetings, Executive Sessions.--(E) Executive sessions of a 41 standing, special or select committee shall be limited and undertaken only 42 when necessitated by extraordinary circumstances as provided in this rule. A 43 request to go into executive session may be considered by a committee only 2 1 after the committee has given public notice at least twenty-four hours in 2 advance of the meeting that the committee will have before it a request to 3 meet in executive session, has listed the person(s) or agency that has 4 requested the executive session, and has described the reason(s) for which an 5 executive session has been requested. Only after the committee chairman has 6 identified the reason(s) for holding the executive session and only upon a 7 two-thirds vote recorded in the minutes of the meeting of the committee, shall 8 a committee be allowed to hold an executive session during any meeting, at 9 which time persons who are not members of the legislature may be excluded. 10 Executive sessions shall be held only when and to the extent necessary to: 11 discuss records that are exempt from public disclosure by statute, court deci- 12 sion or court rule; consider pending litigation, mediation or arbitration; 13 consider personnel decisions involving a legislative employee; consider 14 charges brought against or the discipline or dismissal of a member when public 15 disclosure would harm an innocent third party; discuss the security of or 16 threats against state citizens, resources or facilities; or discuss acquiring 17 an interest in real property which is not owned by a public agency. Under no 18 circumstances, however, shall an executive session be authorized or held for 19 the purpose of taking any final action or making any final decision, and dur- 20 ing such executive session, no votes or official action may be taken. 21 Disruption of Meetings.--(F) Nothing in this rule shall prohibit the 22 removal of any person who willfully disrupts a meeting to the extent that 23 orderly conduct is seriously compromised. 24 Objection to Testimony.--(FG) If any member of the committee shall object 25 to the testimony, or any part thereof, of any witness, the chair of the com- 26 mittee may overrule the objection, require the witness to refrain from the 27 objectionable testimony, or may disallow further testimony and otherwise main- 28 tain order. The chair of the committee shall decide all questions of order 29 subject to appeal. 30 Buck Slips.--(GH) Buck slips may be used for committee action on the 31 introduction of or recommendations on bills, but only in instances where com- 32 mittee meetings are impractical. The objection to the use of a buck slip by 33 one committee member shall preclude its use in that instance. All committee 34 members, who are not absent and excused from attendance in the Senate on that 35 day, shall be required to sign their names indicating their aye or nay vote on 36 the matter being considered.
STATEMENT OF PURPOSE RS 16312 Article III, Section 9 of Idaho's Constitution gives both houses of the Legislature the power to determine their own rules of proceeding. This Senate resolution would amend Senate Rule 20 regarding meetings of standing, special or select committees. The resolution deletes an earlier section of the rule, and is intended to supersede any other rules or statutes in conflict concerning those committees. The resolution would require all meetings of any standing, special or select committee of the Senate 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 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, 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: Sen. Bart Davis, Majority Leader, 332-1305 STATEMENT OF PURPOSE/FISCAL NOTE SR 108