Senate/Joint Rules – Idaho State Legislature

Senate Rules
Joint Rules

Senate Rules

pecnv.out

RULE 1

Presiding Officer. — (A) The President of the Senate is the Lieutenant Governor and, in his absence or inability to serve, the President Pro Tempore shall perform with like privilege and authority all functions and duties of the President. The President shall vote only when the Senate is equally divided, but this restriction shall apply only to the President and not to the President Pro Tempore or any other Senator who may be in the Chair. The presiding officer shall never cast more than one vote.

Hours of Meeting. — (B) The stated hours of meeting, unless otherwise ordered by majority vote, shall be at 10:00 in the morning of each legislative day.

Call to Order. — (C) The President shall take the Chair every day promptly at the hour to which the Senate stands adjourned, shall call the Senate to order, and a quorum being present shall proceed to the business of the Senate.

RULE 2

Quorum. — (A) A majority of Senators shall constitute a quorum and whenever less than a quorum shall convene at a regular meeting and shall adjourn, the names of the absentees shall be entered upon the Journal.

Compelling Attendance. — (B) Whenever less than a quorum shall convene at any regular meeting, they may, by majority vote, send the Sergeant at Arms, or any other person or persons by them authorized, for any and all absent Senators, and the actual expenses incurred thereby, in each case, shall be paid by the absentees, respectively, unless for a good and sufficient reason they may be excused by the President or President Pro Tempore.

Failure to Organize. — (C) A quorum being in attendance, if the Senate fails to effect an organization during the organizational session provided by law at the beginning of each new session, no Senator shall be entitled to compensation from the end of said organizational session until organization shall have been effected.

RULE 3

Organization. — (A) At the first meeting of the Senate at which a quorum shall be present, the Senate shall proceed to elect a President Pro Tempore and a Secretary and shall adopt temporary rules which, unless otherwise specifically stated, shall be the permanent rules of the preceding session.

Seating. — (B) Following election of its leadership, the Senate shall be declared "at ease" and the Senators shall retire to the sides of the Senate and proceed to select their seats in the following manner:

(1) The President Pro Tempore, Majority and Assistant Majority Leader, Minority and Assistant Minority Leader, and Majority and Minority Caucus Chairman shall first select their seats, in the order listed.

(2) Former members of the Senate shall next select their seats and 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, priority shall be consistent with the total number of terms served in the Senate.

In the event two or more Senators, not having served a term immediately prior to the present session, shall have served an equal number of past terms, service in the House of Representatives shall be computed to determine priority as between them.

(3) Former members of the House of Representatives shall next select their seats and those having served the greatest number of terms in the House of Representatives shall have priority.

(4) The names of all remaining Senators shall be placed in a receptacle by the Secretary and by him withdrawn therefrom and as the name of each Senator is withdrawn, he shall proceed to the seat selected by him until the business of selecting seats shall be completed.

(5) The seating arrangements set forth in the preceding paragraph 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 a portion of its members on the side of the Chamber occupied by the minority, such majority party shall have the right to select as many seats as may be necessary to accommodate its membership on the side closest to the regular seats of the majority party, subject only to Paragraph B(1) of this rule and the minority party shall be required to make such seats available to the members of the majority party.

RULE 4

Order of Business. — (A) The Senate having been called to order at the hour to which it shall adjourn and a quorum being present, the order of business shall be as follows:

(1)	Roll Call
(2)	Prayer and Pledge of Allegiance
(3)	Reading and Correction of Journal
(4)	Reading of Communications
(5)	Presentation of Petitions, Resolutions and Memorials
(6)	Reports of Standing Committees
(7)	Reports of Special Committees
(8)	Consideration of Messages from the Governor
(9)	Consideration of Messages from the House of Representatives
(10)	Motions and Consideration of Petitions, Resolutions and Memorials
(11)	Introduction, First Reading and Reference of Bills, House Petitions, Resolutions and Memorials
(12)	Second Reading of Bills
(13)	Third Reading of Bills
(14)	Consideration of General Calendar
(15)	Miscellaneous Business

Special Orders. — (B) Any question brought before the Senate for consideration may be made a Special Order by a two-thirds majority vote. Unless otherwise ordered, Special Orders shall be taken up during the first call of the Fourteenth Order of Business and matters on Special Order shall be disposed of in rotation prior to call of the General Calendar. Whenever any matter is made a Special Order and the consideration thereof shall not be completed at that sitting, it shall be returned to and retain its place as a Special Order for the next call of the Fourteenth Order of Business or such other hour at the next session as may have been originally fixed.

RULE 5

Control and Order. — The President of the Senate has general control and direction of the Senate floor, while presiding, and shall preserve order and decorum therein and in case of disturbance or disorderly conduct, may order the same cleared or any person or persons removed therefrom.

The Chamber, rooms, passages, and corridors of the Senate, during the legislative session, shall be under the control of the President Pro Tempore.

RULE 6

Absence of the President Pro Tempore. — (A) If the President Pro Tempore is temporarily absent or unable to perform his duties, the Senate Majority Leader (and in the event of his absence, the Senate Assistant Majority Leader) shall perform the functions and duties of the President Pro Tempore.

(B) The President may, in the temporary absence or temporary incapacity of the President Pro Tempore, or with his consent, designate, either verbally or in writing, any Senator to perform the duties of the Chair who shall, during such time, be invested with all powers and privileges of the President except that of signing bills and joint resolutions, but such appointment shall not extend beyond an adjournment.

(C) Succession to Office of President Pro Tempore of the Senate. Upon the death, removal, permanent incapacity or resignation from office of the President Pro Tempore of the Senate, during a legislative session, the Senate shall proceed to elect a new President Pro Tempore. In the event of the President Pro Tempore’s death, removal, resignation or permanent incapacity between legislative sessions, the Senate Majority Leader (and in the event of his death, removal, resignation or permanent incapacity to act as interim President Pro Tempore, the Senate Assistant Majority Leader) shall act as interim President Pro Tempore 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 President Pro Tempore shall be elected.

RULE 7

Employees of Senate. — (A) The officers and employees of the Senate shall consist of one secretary, one assistant secretary, one journal clerk, one docket clerk, one chaplain, one sergeant at arms, and such other assistants, clerks, secretaries, pages, and other employees as the Senate may determine to be required for the expeditious conduct of its business.

Duties of Employees. — (B) It shall be the duty of the Secretary of the Senate to manage the session proceedings and record-keeping of the Senate, including the duties to serve as the parliamentarian of the Senate, attend each day, call the roll, read the journals and bills, transmit to the House all bills, resolutions, and papers requiring the concurrence of the House upon their passage or adoption, and copy or take charge of and superintend all copying necessary to be done for the Senate.

It shall be the duty of the Secretary of the Senate to keep a correct record of the proceedings of each day for the purpose of having such proceedings entered in the Journal by the Journal Clerk.

It shall furthermore be the duty of the Secretary of the Senate, at the close of each session of the legislature, to mark, label, and arrange all bills and papers belonging to the archives of the Senate and to deliver the same, together with all the books of the Senate, to the Secretary of State, who shall certify the reception of the same.

It shall be the duty of the Assistant Secretary of the Senate to take charge of all bills, petitions, and other papers presented to the Senate, to file and enter the same in the books provided for that purpose, and perform such other duties as may be directed by the Secretary of the Senate.

It shall be the duty of the Journal Clerk of the Senate to record each day’s proceedings in the Journal, from which they shall be read by the Secretary each day of meeting, in order that they may be authenticated by the signature of the President.

It shall be the duty of the Sergeant at Arms of the Senate to give a general supervision, under the direction of the presiding officers, of the Senate Chamber, with the rooms attached; to attend during the sittings of the Senate, execute its commands, together with all such proceedings issued by authority thereof, as shall be directed by the presiding officers.

It shall furthermore be the duty of the Sergeant at Arms to prohibit all persons from entering the bar of the Senate except those who by rule or invitation are permitted, and to arrest for contempt all persons outside of the bar or in the gallery found engaged in loud conversation, or otherwise making a noise, to the disturbance of the Senate.

The President Pro Tempore may appoint such staff as is necessary to prepare the payroll and all payroll documents and provide other assistance to Senate employees, prepare all electronic vouchers for all expenses of the Senate and keep all records pertaining thereto, and to perform such other duties as directed by the President Pro Tempore.

It shall be the duty of the Chaplain to open the proceedings of the Senate with prayer.

Selection and Pay of Employees. — (C) All employees of the Senate shall be selected by majority or minority attache committees, which committees shall be appointed by the majority or minority leadership, and the employees so selected shall be subject to the approval of the Senate. There shall be paid to the employees of the Senate, for all services rendered by them, such compensation as may be determined by Senate leadership. All employees of the Senate shall serve at the pleasure of the President Pro Tempore. The President Pro Tempore is authorized to retain such personnel as deemed necessary during the interim.

Supervision of Employees. — (D) Subject to the overall supervision of the President Pro Tempore, the Secretary of the Senate shall have general responsibility for all Senate employees, although doorkeepers, pages, and others, as determined by the President Pro Tempore, shall be immediately responsible to the Sergeant at Arms.

Purchases, Etc. — (E) No purchase shall be made or expense incurred by the Sergeant at Arms or any officer or employee of the Senate in its behalf except upon the written order of the President Pro Tempore.

RULE 8

Secretary of the Senate. — (A) The Secretary of the Senate shall have custody and supervise the handling of all records, bills, documents, and other official papers; he shall allow no bills, records, or papers to be taken out of his custody or out of the Senate Chamber other than in the regular routine of business; nor shall he at any time or place allow the same to be handled or examined by any person whatsoever except the President, Senators, officers, and employees of the Senate in the discharge of their duties. Public records requests of the Secretary of the Senate shall be handled as provided in Rule 8(E).

Papers Missing. — (B) If any papers of which the Secretary shall have custody be missing, he shall report the fact to the President immediately upon the discovery thereof.

Journal. — (C) He shall keep a correct Journal of each day’s proceedings in which the titles of all Senate bills shall be entered. In all cases where a bill, motion, or resolution shall be entered upon the Journal, the name of the Senator moving or the committee introducing the same will also be entered.

Docket. — (D) The Secretary shall keep a book to be called a Docket in which he shall enter under appropriate marginal numbers all Senate and House bills, joint and concurrent resolutions and memorials with corrected notes, including the dates thereof, showing the state, condition, and progress of each bill pending, until the final disposition thereof, and shall index the same under the name of the Senator, Representative, or committee introducing the bill, joint or concurrent resolution or memorial, and generally shall perform the duties of his office under the direction of the President.

Public Records Request. — (E) The President Pro Tempore shall designate a custodian of public records for the Senate for the limited purpose of complying with the Idaho Public Records Act. The custodian shall coordinate and prepare all responses to requests for public records on behalf of the Senate, its committees, and its individual members. All requests for public records shall be directed to the Senate custodian, who will respond in accordance with Senate Rules and the Idaho Public Records Act. An individual member, on his written notice to the President Pro Tempore, may individually respond to requests for his public records; however, the custodian shall respond with public records, including an individual member’s, within the custodian’s limited designated custody and control.

RULE 9

General Calendar. — (A) The Secretary shall keep a list of all bills and resolutions in the order in which they are reported from committee or otherwise recommended for amendment, unless made a Special Order for any particular day and hour, which list shall be called the "General Calendar."

Special Orders. — (B) He shall make a list of all bills, resolutions, and reports of committees and other proceedings of the Senate which have, by order of the Senate, been set for consideration as a Special Order, which list shall be called the "Special Order Calendar" and, unless set for another time, shall be called as the first order of business at the Fourteenth Order of Business.

Second Reading Calendar. — (C) He shall make a list of all bills and resolutions which may be on second reading, entering them in order in which they are placed upon their second reading, unless the Senate shall otherwise direct, which list shall be called "Bills on Second Reading." The final question upon the second reading of every bill or joint resolution shall be whether it shall be read a third time.

Third Reading Calendar. — (D) He shall make a list of all bills and resolutions which may be on third reading, entering them in the order in which they are placed upon their third reading, unless the Senate shall otherwise direct by majority vote of the members present, which list shall be called "Bills on Third Reading."

Consent Calendar. — (E) There hereby is established within the third reading calendar a consent calendar. A bill may be placed on the consent calendar by unanimous consent upon the request of any member or by unanimous consent after the recommendation of the committee that reported upon the bill. Once placed on the consent calendar a bill shall be removed from said calendar upon the request of any individual member in the Thirteenth Order of Business. If a bill is removed from the consent calendar, the bill shall remain on the third reading calendar and be acted upon as other bills on the third reading calendar. Bills on the consent calendar shall be acted upon at the time and in the manner requested by leadership, but only upon unanimous consent.

No Amendment on Reading. — (F) No amendment to the body of any bill or joint resolution shall be permitted at any reading except to make purely typographical or clerical corrections and then only on unanimous consent. Such corrections shall be reported in the Journal.

RULE 10

Bills, Manner of Passing. — (A) No law shall be passed except by bill, nor shall any bill be put on its final passage until the same, with amendments thereto, shall have been printed for the use of the members; nor shall any bill become law unless the same, with amendments thereto, shall have been read on three several days previous to the final vote thereon; provided, in case of urgency, this requirement may be suspended. On final passage of bills, they shall be read at length, section by section, and the vote shall be by recorded ayes and nays and no bill shall become law without the concurrence of a majority of the Senators present.

Corrections or Amendments to Title. — (B) Upon final passage of a bill, the title thereto may be corrected or amended from the floor, if necessary, to properly state the substantive content or subject of the bill or to correct clerical or typographical errors or omissions.

RULE 11

Time Limit for Introducing Bills. — (A) No bill shall be introduced after the twelfth legislative day except by one of the standing committees, and no bill shall be introduced after the thirty-sixth legislative day by any standing committee except the following committees, which shall not be bound by such rule: State Affairs, Finance, and Judiciary and Rules.

(B) Within the time limits prescribed by Paragraph (A) for introduction, a standing committee may indicate the officer, agency, association, or person requesting introduction of a bill. The bill shall be identified by an endorsement immediately following the bill number as follows: "By (insert the name of the committee) at the request of (insert the name of the officer, agency, association, or person requesting that the bill be introduced)."

Personal Bills and Resolutions. — (C) Any member of the Senate may file personal bills and resolutions with the office of the Secretary of the Senate at any time during the first twelve legislative days. The Secretary is authorized and directed to receive such personal bills and resolutions, assign them a number for introduction in the Senate, and to cause them to be reproduced.

Such personal bills and resolutions shall be introduced and referred to the Judiciary and Rules Committee for printing on the day on which they are received by the Secretary.

RULE 12

Petitions, Memorials, and Resolutions. — (A) Senate petitions, memorials, and resolutions will be introduced at the Fifth Order of Business. Except for being introduced at the Fifth Order of Business, joint resolutions will be treated in all respects in a manner similar to bills. All other resolutions, and all petitions and memorials, shall be referred directly to the Judiciary and Rules Committee for printing upon their introduction; and after printing, all resolutions, petitions, and memorials, except personal resolutions introduced during the first twelve legislative days, shall be referred to the Tenth Order of Business and held for one legislative day before being acted upon. Personal resolutions introduced during the first twelve legislative days will be treated in all respects in a manner similar to bills.

House Concurrent Resolutions and Memorials. — (B) House concurrent resolutions and memorials shall be introduced at the Eleventh Order of Business and then shall be referred by the President to an appropriate standing committee as determined by the President Pro Tempore of the Senate. Upon receiving the committee report, the resolution or memorial shall be placed at the Tenth Order of Business, and held for one legislative day.

RULE 13

Titles and Endorsements. — (A) Every petition, remonstrance, resolution, bill, and report of committee shall be endorsed with its appropriate title, and immediately thereunder the name of the Senator or committee presenting the same shall be written.

Enacting Clause. — (B) If the enacting clause be stricken from any bill, it shall be considered lost and no further action shall be permitted thereon.

RULE 14

First Reading and Reference. — (A) All bills and joint resolutions shall, upon their introduction and first reading, be referred directly to the Judiciary and Rules Committee for printing.

Report on Printing — Reference. — (B) The Judiciary and Rules Committee shall report to the Senate when a bill or joint resolution has been printed and the same shall again be referred by the President to an appropriate standing committee, as determined by the President Pro Tempore of the Senate, for study and recommendation.

Objection to Reference. — (C) When a bill or joint resolution has been referred by the President to a standing committee after being reported printed, any Senator may object to the reference and request it be referred to a different standing committee, and if the request be denied by the President, a motion is in order to refer the bill to such other committee.

Committee Action. — (D) When a bill or joint resolution has been referred to a standing committee by the President after being reported printed, the committee may report the same to the Senate without recommendation, recommend it "do pass," "be amended," or "do not pass," whereupon it shall be placed upon the calendar for second reading, or, the committee may request leave of the Senate to refer it to another committee.

Upon the report of a committee requiring leave of the Senate, the committee chairman, or another Senator in his absence, shall take appropriate action on the floor to secure such consent unless there be no objection to a unanimous consent request by the President.

Calling for a Bill. — (E) When a bill, resolution, or memorial has been in the hands of a committee for three days after its reference, any Senator may, at the Tenth Order of Business, serve notice that he may call for the bill, resolution, or memorial and the committee report thereon. On the day following the giving of notice, during the Thirteenth or not later than the Fourteenth Order of Business, the Senator may make the call, and the committee, unless excused by the Senate, shall, during the Sixth Order of Business only on the following day, report the bill, resolution, or memorial to the desk; provided that after the forty-fifth day of the regular session or the fifteenth day of a special session, notice of the call shall be dispensed with and unless excused or granted additional time, the committee shall report the bill, resolution, or memorial forthwith; and provided further, no bill may be called for from a committee more than once in any consecutive three-day period except after the fifty-fifth legislative day of a regular session or the fifteenth day of a special session and then no bill may be called for more than once in any one day and if two-thirds of those voting excuse the committee, it may not be called for again.

A motion to excuse the committee from reporting a bill is not in order on the mere giving of notice of intent to call the bill but must await the actual call.

House Amendments. — (F) When a bill or joint resolution passed by the Senate shall have been amended by the House of Representatives, upon its return to the Senate it shall be referred to the appropriate standing committee, as determined by the President Pro Tempore of the Senate, which committee shall, no later than the first call of the Sixth Order of Business of the second succeeding day, recommend concurrence or rejection of the House amendments. Upon report of the committee, the bill or joint resolution shall be placed upon the Tenth Order of Business at which time it shall be in order, upon motion (debatable), for the Senate to concur therein or reject the same.

If the Senate rejects the House amendments, a conference committee may be appointed by the President Pro Tempore to confer with a similar committee from the House pursuant to the Joint Rule on Conference Committees.

If the Senate concurs in the House amendments, the bill or joint resolution, as amended, shall be engrossed and referred to the First Reading Calendar.

The chairman of the appropriate standing committee shall be one member of the Senate conference committee.

RULE 15

Recommitment or Referral.– (A) Bills may be recommitted or referred. When such motion be made, unless the bill is before the Senate for consideration, the bill shall be referred to by number and author and, in a few words, the reason for the request may be stated.

Withdrawing Bills.– (B) Bills may be withdrawn by the same procedure as they may be recommitted or referred except that the decision requires a two-thirds majority.

Signing Bills.– (C) The President or President Pro Tempore shall sign all bills, resolutions, and memorials when passed by both houses, and all writs, warrants, and subpoenas issued by order of the Senate or any committee thereof, shall be under his hand, attested by the Secretary.

RULE 16

Vetoed Bills. — When a bill has been vetoed by the Governor and his objections entered upon the Journal, that bill is before the Senate for reconsideration in accordance with Article 4, Section 10, Idaho Constitution; the question to be put by the Chair is, "Shall Senate Bill _____ pass, the Governor’s veto notwithstanding?" When the question of reconsideration has been stated, it shall be in order to receive only the following motions in the order named:

(1)	Adjourn.
(2)	Recess.
(3)	Question of privilege (but personal privilege shall not be permitted).
(4)	Call for orders of the day.
(5)	Previous question.
(6)	Limit debate.
(7)	Postpone to a time certain.

RULE 17

Engrossed Bills. — (A) All Senate bills that have been amended by the Senate shall be referred to the Judiciary and Rules Committee, and when properly engrossed, the committee shall report the same and return the bill to the Senate and the bill, as amended, shall be either placed on the First Reading Calendar or transmitted to the House.

Enrolled Bills. — (B) The Judiciary and Rules Committee shall examine all Senate bills, resolutions, and memorials which have passed both houses and when correctly enrolled, shall report that fact and return the same to the Senate for signature by the President. When a Senate bill, resolution, or memorial shall have been signed by both the President of the Senate and the Speaker of the House, it shall be referred to the Judiciary and Rules Committee for transmittal to the Governor or the Secretary of State, as the case may be, and the committee shall report such delivery to the Senate.

RULE 18

Copies of Bills, Resolutions, Etc. — (A) Each original bill, resolution, or memorial introduced shall be accompanied by ten copies which may be typewritten or reproduced by any legible mechanical process.

Deletions Stricken. — (B) When any bill, resolution, or amendment thereto is intended to amend any part or parts of an existing statute, the Constitution, or a bill previously passed by both houses, any part or parts of such statute, Constitution, or previously passed bill intended to be stricken shall be contained in the bill, resolution, or amendment thereto and by appropriate mechanical mark, struck through.

New Matter Underscored. — (C) All matter contained in any bill, joint resolution, or amendment thereto which is intended to be inserted in any part or parts of any existing statute, the Constitution, or a bill previously passed by both houses, shall be underscored so that the new matter shall be easily discerned, unless the bill, joint resolution, or amendment thereto contains all new matter.

RULE 19

Committee Assignments.– (A) The members of the following standing committees shall be appointed by the leadership under the direction of the President Pro Tempore, by and with the advice and consent of the Senate; the number of members on each committee shall be fixed in the order of appointment, and such order shall be read into the Journal; provided that the President Pro Tempore shall appoint a majority of each committee and the chair and vice-chair of each committee from the membership of the political party having a majority in the Senate:

Agricultural Affairs

Commerce and Human Resources

Education

Finance

Health and Welfare

Judiciary and Rules

Local Government and Taxation

Resources and Environment

State Affairs

Transportation

Printing Committee.– (B) The Judiciary and Rules Committee shall constitute and perform all duties of a printing and engrossing and enrolling committee in the Senate and the Secretary of the Senate shall serve as an ex officio member of said committee. The Joint Printing Committee shall prepare a brief written report of its recommendations, which shall be delivered to the Senate Judiciary and Rules Committee, and shall perform such other functions of administration of Senate affairs as shall be assigned to it by the President.

Absence of Chair.– (C) At any committee meeting, in the absence of the chair, the acting chair shall be the vice-chair. If both chair and vice-chair be absent, then the other committee members, in the order listed on the committee roster, shall have the right to serve as acting chair.

Chair Voting.– (D) On all standing committees and the Committee of the Whole, the chair shall be entitled to vote at all times.

RULE 20

Committees — Quorum. — (A) Committees shall not proceed to the transaction of business except upon a quorum being present when the committee convenes, nor thereafter if any member objects to a lack of a quorum. A quorum shall consist of a majority of the committee membership.

Committee Meetings. — (B) No committee shall meet during the session of the Senate, nor at any time occupy the Senate Chamber, without leave of the Senate.

Committees–Rules and Procedure. — (C) Unless otherwise specified, general rules of procedure governing the Senate shall govern procedure in all committees and subcommittees, except there may be no call of any committee or of the Senate while in the Committee of the Whole. A motion to adjourn shall not be in order in the Committee of the Whole.

Committee Meetings to be Open. — (D) All meetings of any standing, select, or special committee shall be open to the public at all times, and any person may attend any hearing of such committee, but may participate in the committee only with the approval of the committee itself. The committee chairman, or the acting chairman, shall announce the subject of the matter under inquiry and proceed with hearing testimony or examining witnesses. Each person testifying before the committee shall state his name, address, business, or occupation, and special interest in the matter being heard.

Committee Meetings, Executive Sessions. — (E) Executive sessions of a standing, special or select committee shall be limited and undertaken only when necessitated by extraordinary circumstances as provided in this rule. A request to go into 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; 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.

Disruption of Meetings. — (F) 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.

Objection to Testimony. — (G) If any member of the committee shall object to the testimony, or any part thereof, of any witness, the chair of the committee may overrule the objection, require the witness to refrain from the objectionable testimony, or may disallow further testimony and otherwise maintain order. The chair of the committee shall decide all matters dealing with witness testimony and decorum in the committee.

Committee Chair’s Decisions. — (H) The chair’s decisions are final and are not subject to appeal to the committee. The committee may not appeal a chair’s ruling to the Senate or its Presiding Officer, excepting that nothing in this subsection limits the provisions of Senate Rule 14(E).

Buck Slips. — (I) Buck slips may be used for committee action on the introduction of or recommendations on bills, but only in instances where committee meetings are impractical. The objection to the use of a buck slip by one committee member shall preclude its use in that instance. All committee members, who are not absent and excused from attendance in the Senate on that day, shall be required to sign their names indicating their aye or nay vote on the matter being considered.

RULE 21

Committee Reports. — (A) Reports of standing, special, and conference committees, except routine reports of the Judiciary and Rules Committee, Committee of the Whole, committee recommendations in reporting bills, and such other reports as do not propose final action shall, unless otherwise ordered, be placed upon the calendar for the next succeeding day.

Routine reports of the Committee of the Whole and the Judiciary and Rules Committee shall, under their proper order of business, be accepted and adopted. Committee recommendations on reporting bills shall be filed with no further action. When a committee report recommends substantive action by the Senate, i.e., approval of a gubernatorial appointment, amendment or adoption of rules, etc., adoption of the report by the Senate, on motion, shall constitute Senate approval of the substance of the report.

Any report of the committee recommending confirmation of an appointment need be held for only one day when the recommendation for appointment or report of the appointment has been read across the desk more than three days previously.

Majority and Minority Reports. — (B) In the event a committee is required and entitled to report specially upon any subject referred to it, and the members thereof cannot agree upon such report, the majority and minority may each make a special report and any member dissenting in whole or part with the reasoning and conclusions of both reports may also present to the Senate a statement of his reasons and conclusions, and all such reports, if decorous in language and respectful to the Senate, shall be entered at length in the Journal.

RULE 22

Committee of the Whole. — (A) When the Senate has reached the Fourteenth Order of Business and after consideration of Special Orders, if there be business on the General Calendar, the President shall order the Senate into a Committee of the Whole Senate and appoint the chairman thereof who shall, while the committee sits, exercise all powers of the President necessary to conduct the business of the committee.

Senate Rules Govern. — (B) Rules of the Senate, as far as applicable, shall govern all proceedings in the Committee of the Whole except that no motion to adjourn, lay on the table, postpone indefinitely, or for the previous question shall be permitted, and debate upon amendments shall be limited only as provided in this rule. No roll call vote shall be permitted in the Committee of the Whole nor shall the committee consider any appeal from a decision of its chairman, but if a Senator registers such appeal properly supported, the committee shall at once rise and report the question to the Senate for consideration and the President shall rule on the point, subject to appeal as in other cases, and the Senate shall again be ordered to resolve itself into the Committee of the Whole for completion of its business, if any remains.

Motion to Rise. — (C) A motion that the committee rise and report shall always be in order and shall be decided without debate.

Presentation of Bills. — (D) All bills on the General Calendar shall be reported by the Secretary to the chairman in the order in which they were referred to the General Calendar. Each member of the Senate shall be provided with a copy of the proposed amendment or amendments. Each amendment must show the name of the mover and the seconder. The committee shall consider the bills in the order in which they were referred. All bills not considered by the committee for any reason shall remain in the committee and be listed again for consideration at its next sitting.

Procedure. — (E) The general procedure shall be as follows (specific proceedings are set forth on Page 57 of these rules):

(1) The bill shall be read at length if so ordered. There shall be no general debate on any bill. The proponent of any debatable motion shall be allowed five minutes to explain the motion and five minutes to close debate. Not more than two opponents shall be allowed five minutes each.

Time of debate may be apportioned among various members and a speaker may declare he yields a certain portion of his time to another who shall then rise and debate for the time allotted to him.

(2) Interruption of the speaker shall not count against his time except if he engages in debate in answering questions. The same privilege of debate shall be permitted upon a motion to amend an amendment or to substitute.

(3) After a bill has been read or considered read, individual sections of the bill need not be read again. If there be more than one proposed amendment to a section, all shall be read separately before debate be commenced upon any, and all shall be debated in the manner above set forth before vote be taken on any. If several inconsistent amendments be proposed, upon the adoption of one, the others shall be considered lost and considered no further.

(4) A motion to strike the enacting clause shall be in order any time after the bill is read or considered read. The motion to strike the enacting clause shall identify the enacting clause as the subject of the motion. Such a motion is not debatable and an affirmative vote thereon may not be reconsidered, but the motion having failed, it may be renewed when another section of the bill is being considered. It shall not be in order to recur to sections already considered unless subsequent amendments shall change the intent or meaning of the bill.

(5) After all proposed amendments to sections of the bill shall have been considered, the title of the bill may then be amended by proposal in writing or from the floor, if necessary.

(6) When the committee shall have completed its business, it shall rise and the chairman report its actions to the President, and if there remains unfinished business, beg leave to sit again.

RULE 23

Recognition by the Chair. — When a Senator desires to speak, he shall rise and first address the President and be recognized. When two or more Senators shall rise at once, the Chair shall designate the Senator to speak first, but where a motion has been made or a report submitted, the mover or chairman of the committee reporting shall have the privilege of opening and closing the debate. There shall be no appeal from a decision of the Chair on recognition.

RULE 24

Debate. — (A) Debate, when permitted, shall be unlimited unless restricted by appropriate motion, shall be confined to the question under debate, and shall avoid personalities. No Senator shall be permitted to speak more than once on any question until all others have had an equal opportunity. However, the one having the privilege of opening and closing debate shall speak only twice and upon completion of his second opportunity to speak, debate shall be closed.

Reference to the House. — (B) During debate, no Senator shall comment upon any action of the House of Representatives or member thereof in a manner which may be disrespectful or impugn honesty, integrity, or motive, though he may refer to any proceedings in the House of Representatives sufficient to explain his own actions or motive under the right of personal privilege, nor shall any mention be made during debate upon any bill, resolution, or memorial of the action taken thereon or things said in relation thereto in the House of Representatives except the Secretary may be requested to read the history of the bill, resolution, or memorial.

RULE 25

Courtesy. — No Senator shall speak except standing at his desk unless granted permission to speak from another place by the President. No Senator shall walk across the floor of the Senate, nor leave, when the President is putting a question or during roll call; nor when a Senator is speaking shall any other interrupt with loud private discourse or pass between him and the Chair nor shall any Senator, during session and without permission of the President, pass between the Senators and the Chair. Senators shall remain seated upon a motion to adjourn or recess until the gavel has sounded.

RULE 26

Interruption of One Having the Floor. — (A) A Senator having the floor is not to be interrupted except for the following purposes:

(1)	Raising a question of privilege (except personal privilege).
(2)	Making a parliamentary inquiry.
(3)	Raising a point of order requiring an immediate ruling.
(4)	Taking an appeal from a ruling on a point of order.
(5)	Object to a consideration of a question.
(6)	Call for a special order.
(7)	Inquire if the speaker will yield.

Calling Attention to Lack of a Quorum. — (B) Calling attention to a lack of a quorum or requesting a call of the Senate are questions of privilege.

Lack of Quorum. — (C) If any Senator calls to the attention of the Chair the absence of a quorum, all proceedings of the Senate shall cease until a quorum is present except the motions to adjourn or call of the Senate.

RULE 27

Interruption of a Speaker. — (A) When a Senator has the floor and another desires to interrupt, he shall rise and request recognition whereupon the President shall inquire of the purpose for which he rises. If it be proper, the President shall act thereon. The Senator having the floor shall relinquish the same until the determination be made, but he is entitled to resume the floor thereafter, unless by his own act he shall forfeit that right.

Yielding the Floor. — (B) If inquiry be made as to whether the Senator having the floor will yield, the President shall put the inquiry to him and he may yield or not, as he chooses.

If he yields for a specific purpose or time only, he shall resume the floor thereafter. One who yields the floor for a motion to postpone, table, or otherwise delay his debate, shall be entitled to be the first recognized when discussion on the question is again resumed provided he claims the privilege promptly. Except as provided in Rule 22(E)(1), no Senator having the floor may yield the same to another except upon request of another addressed to the Chair, but one not having the floor may submit to an inquiry by one having the floor.

Harassment.– (C) If, at the discretion of the President, interruptions to yield to questions are not made in good faith but for the purpose of harassment, the President may refuse to permit the same.

RULE 28

Motions. — (A) No motion shall be debated or voted upon until the same is seconded, when required, and put by the Chair; and if desired by the presiding officer or requested by any Senator, such motion shall be reduced to writing, delivered upon the Secretary’s desk, and read before the same be debated or voted upon.

Withdrawal of Motion. — (B) Before a motion has been stated by the Chair, its maker may withdraw or modify the same without consent of the second. Once put by the Chair, however, and before amendment or being voted upon, it may be withdrawn or modified only with consent of the second.

Precedence of Motions. — (C) When a question is before the Senate, the President shall receive no motion but the following which shall have precedence in the order listed:

*(1)	To adjourn.
*(2)	To recess.
(3)	To raise a question of privilege (but personal privilege shall not be permitted).
(4)	Call for orders of the day.
(5)	Incidental motions and inquiries.
(6)	To lay on the table.
(7)	The previous question.
(8)	Limit debate.
(9)	Postpone to a day or time certain.
(10)	To commit or refer (includes Committee of the Whole).
(11)	To amend.
(12)	Postpone indefinitely.

* Before a vote is taken, announcements of committee meetings or hearings may be made.

Amendments to be Germane. — (D) No motion or proposition on a subject different from that under consideration shall be admitted under color of amendment. No bill or resolution shall at any time be amended by annexing thereto or incorporating therewith any other bill or resolution introduced and pending before the Senate or any committee thereof.

Repetition of Motions. — (E) None of the above motions, being decided in the negative, shall again be entertained while the same question is before the Senate, unless by affirmative action, some motion, call, order, or other business shall have intervened, except different amendments may be offered and each time all motions are again in order.

Time for Motions. — (F) No motion affecting any bill, resolution, or memorial shall be in order except during the Tenth Order of Business or during the order of business such bill, resolution, or memorial shall be at the Secretary’s desk, and before the Senate for consideration, unless by suspension of the rules.

RULE 29

Division of a Question.– (A) Any Senator may call for the division of a question if it comprehends propositions so distinct, that one or more being taken away, substantive questions shall remain; but no bill, resolution, memorial, or House amendment to any Senate 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.– (B) 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 9(F).

RULE 30

Nondebatable Questions — The following questions are not subject to debate unless otherwise specifically so provided:

(1)	Adjourn.
(2)	Recess.
(3)	Questions of privilege.
(4)	Call for orders of the day or priority of business.
(5)	Lay on or take from table.
(6)	Previous question.
(7)	Limit debate.
(8)	Suspend rules.
(9)	Division of the Senate.
(10)	Division of a question.
(11)	Objection to consideration of a question.
(12)	Amend, reconsider, or rescind when the question to be amended, reconsidered, or rescinded is undebatable.
(13)	Questions of order unless an appeal is taken therefrom.
(14)	Inquiries and any other incidental motion not listed.
(15)	Motion to adopt the report of a Committee of the Whole Senate.

RULE 31

Effect of Subsequent Motions. — A motion directed to any question shall affect only that question and all matters or questions adhering to it but shall not affect questions to which it adheres, except an amendment being tabled, the pending question for which the amendment was offered shall also go to the table.

RULE 32

Limitations on Motion to Table. — (A) The motion to lay on the table is not in order in the Committee of the Whole and may not be applied to motions for the previous question, suspend rules, commit or refer, or to any proposition on which demand for the previous question is pending or has been ordered.

Motion to Postpone. — (B) The adoption of a motion to postpone a question indefinitely shall suppress such question and the subject thereof during the whole of that session. A motion to postpone may not be applied in the Committee of the Whole nor to a motion to commit or refer.

Table or Postpone in Committee. — (C) Any motion to table or postpone a bill in a standing committee shall affect the action of the committee only and shall not preclude the bill from being called from the committee and placed before the Senate.

Rescind or Repeal. — (D) A motion to rescind or repeal shall not be in order when the question can be reached by a motion to reconsider nor when an authorized act has been carried out or rights have intervened.

RULE 33

Application of Motion Where Several Questions Pending. — When several questions are before the Senate, any subsequent motion shall specifically state to which pending question it is intended to apply, and if there be any doubt, the President shall, or any Senator may, inquire of the mover to which pending question his motion is intended to apply and the President shall clearly state the motion before putting it to a vote.

RULE 34

Subsequent Motions Opening Debate on Main Question. — (A) No debatable subsidiary or incidental motion shall open the main question to debate except a motion to postpone indefinitely, a motion to reconsider, or a motion to rescind or repeal. In all other cases, debate shall be limited to the motion itself.

Explanation of a Motion. — (B) The President may, at his discretion and upon request, permit a Senator to explain briefly and without argument the reason for or nature of a motion or request or what it is expected to accomplish, but the same shall not be used for the purpose of debating a pending question and the President shall put the motion to a vote without unnecessary delay.

RULE 35

Inquiries. — An inquiry concerning the meaning, purpose, or effect of any motion will be permitted unless the answer to such inquiry is plainly stated in these rules. It is the intent of this rule that bona fide and good faith inquiries upon matters not clearly set forth in these rules shall be allowed, but that parliamentary inquiries which are frivolous or intended merely to alert others of the consequence of pending action or to attempt to interject debate are not in order.

RULE 36

Amendable Questions. — (A) The following questions may be amended:

(1)	A main question.
(2)	Amend.
(3)	Commit or refer.
(4)	Limit debate.
(5)	Divide a question.
(6)	Make a special order.
(7)	Postpone to a time certain.
(8)	Recess.
(9)	Substitute.
(10)	A motion to adjourn as to the time of reconvening.

Amendment to an Amendment. — (B) An amendment to an amendment may not be further amended, but a substitute therefor may be offered and the substitute amended once. Once a bill or joint resolution has been amended, and as amended, submitted for consideration, the previous amendment shall be deemed merged in and a part of the bill or joint resolution, and for the purpose of this rule, not be considered an amendment.

Nonamendable Measures. — (C) Senate resolutions, concurrent resolutions, and joint memorials shall not be subject to amendment.

RULE 37

Necessary Majority. — All decisions shall be by simple majority of the Senators voting except the following which shall require a two-thirds majority:

(1)	The previous question.
(2)	Limit debate.
(3)	Suspension, amendment, or repeal of temporary or permanent rules, except that suspension, amendment, or repeal of temporary rules shall be by simple majority upon a report of the Judiciary and Rules Committee.
(4)	Make a special order or motion to postpone where the motion applies to a bill, resolution, or memorial.
(5)	Take from the table.
(6)	Rescind or repeal.
(7)	Override the Governor’s veto.
(8)	Take up a question out of order.
(9)	A joint resolution (2/3 of entire Senate).
(10)	Object to consideration of a question.
(11)	Withdraw a bill.
(12)	Hold a bill in its place on the calendar to a time certain.

RULE 38

Reconsideration. — (A) No decision may be reconsidered more than once unless amendments have materially changed the proposition. When a question, the decision on which may be reconsidered, has been decided by the Senate, any Senator voting on the prevailing side may, on the day the vote was taken and at the order of business then prevailing or during the first order of business called thereafter, serve notice that he may move for reconsideration thereof and thereupon, if the subject of the motion to reconsider affects a bill, resolution, or memorial, the same shall be held at the Secretary’s desk until such motion shall have been disposed of.

Motion for Reconsideration. — (B) Notice having been given, any Senator who voted on the prevailing side may make the motion to reconsider. The motion to reconsider may be made only during the first call of the Tenth Order of Business on the next succeeding legislative day, provided that after the forty-fifth day of the regular session or the fifteenth day of any special session, the motion to reconsider may also be made on the same day the vote to be reconsidered was taken but only during the order of business then prevailing. Reconsideration being ordered, the proposition being reconsidered shall be immediately before the Senate. The proponent of any motion to reconsider shall be allowed five minutes to open and five minutes to close debate. Not more than two opponents shall be allowed five minutes each.

Decisions Not Subject to Reconsideration. — (C) The following decisions shall not be subject to reconsideration:

(1)	Adjourn.
(2)	Recess.
(3)	Adoption, amendment, or suspension of rules.
(4)	Adoption of committee reports.
(5)	Division of the Senate.
(6)	Division of a question.
(7)	Lay on or take from the table.
(8)	Question of order or appeal.
(9)	Call for orders of the day.
(10)	Negative determination to postpone indefinitely.
(11)	Any vote upon which a roll call has not been taken.
(12)	Affirmative determination on objection to consideration.

RULE 39

Voting. — (A) Every Senator, when a question is put, either on the Senate floor or in committee, being present and in his seat, shall vote. Any Senator upon a reasonable cause stated may move to be excused from voting. Such motion is undebatable and requires a two-thirds vote. No Senator may vote unless present and in his seat nor may he vote for the first time on any question inconsistent with his position as a moving party or as openly stated in debate. All Senators reporting present under a Call of the Senate must, after the call is lifted, remain within the Senate Chamber and vote on the question for which the Senate was called unless excused as herein provided.

Under no circumstance shall a roll call, once ordered, be interrupted except to explain a vote under the provisions of Mason’s Manual of Legislative Procedure, Section 528, or call to or for order.

Voting excused. — (B) A request to be excused from voting shall not be in order unless made before the Senate divides or the roll call is begun.

Roll Call Vote. — (C) Ayes and nays shall not be ordered or recorded except upon final passage of bills, joint resolutions, motions for expenditure of public monies or incurring obligations therefor, motions requiring a two-thirds majority vote, or upon request of any Senator with at least two other Senators rising in support thereof; provided, no roll call vote shall be permitted in the Committee of the Whole Senate under any circumstances.

Division of the Senate. — (D) When any question shall be put to determination by voice vote and there be any reasonable doubt as to the prevailing vote, the Chair shall first state that "The Chair is in doubt" before announcing the final result. At any time before announcement of the final result, any Senator may request a division of the Senate, whereupon the vote shall be determined by those favoring the ayes standing, followed by those favoring the nays standing. A request for a roll call vote may be made before announcement of the result of the division of the Senate.

Explanation of Vote. — (E) Any Senator may explain his vote when his name is called upon a roll call vote, provided he has not participated in debate, and provided further that such explanation shall not exceed one minute duration.

What Constitutes Debate. — (F) Making an inquiry or suggestion, or asking or answering a question is not debate, unless in the discretion of the President persistent questioning constitutes abuse of this exception whereupon the Senator involved shall be so advised by the Chair.

Change of Vote.– (G) Any Senator may change his vote before the decision of a question shall have been announced by the Chair but no explanation for such change shall be permitted.

Right to Vote. — (H) A Senator has the right to vote upon all questions before the Senate and to participate in the business of the Senate and its committees and, in so doing, the Senator is presumed to act in good faith and in the public interest. A Senator with a conflict of interest under applicable law shall, on the day of and before casting a vote on the Senate floor, disclose the conflict verbally or in writing to all members of the Senate present. The presiding officer shall ensure that such disclosure is entered upon the Journal. A Senator with a conflict of interest under applicable law shall, on the day of and before casting a vote in committee, disclose the conflict verbally or in writing to all committee members present. The committee chairman shall ensure that such disclosure is recorded in the committee minutes. Upon disclosure of any such conflict, the Senator may vote upon any question or issue to which the conflict relates, unless the Senator requests to be excused.

RULE 40

Pairing. — (A) An agreement to pair shall be in order only where a Senator shall be absent for good cause shown and shall specifically state the bill or bills or any proposition upon which the pairs have been arranged and shall be in writing, signed by those agreeing to pair, and shall be in possession of the Secretary prior to any vote upon the proposition for which the pairs have been arranged. Pairs are allowed on a vote to override or sustain the Governor’s veto and a Senator’s pair at the desk constitutes his being technically present and voting.

Who May Pair. — (B) Two Senators 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 Senators, two affirmative and one negative.

Announcing and Recording Pairs. — (C) The votes of pairs shall be announced by the Secretary after completion of the roll call and before the result is announced. The pairs shall be recorded in the total vote and published in the Journal as part of the proceedings.

Broken Pairs. — (D) Pairs shall be broken by the presence of all agreeing to be paired at any debate or roll call upon a bill or proposition specified in the agreement and shall not thereafter be valid, absent a new agreement. A Senator agreeing to pair with an absent Senator may remain on the floor of the Senate while the question for which he has agreed to pair is under debate or being voted upon, but he may not participate in debate, reply to inquiries, or vote, Rule 39(A) notwithstanding.

RULE 41

Questions of Order — Appeal. — (A) The President may rule any Senator out of order and when a challenge upon a point of order is raised by any other Senator, shall rule upon the same. The Senator challenged shall take his seat until the President rules. If ruled out of order, the President’s decision shall be subject to appeal if made immediately and if at least two other Senators rise in support of the appeal. A parliamentary inquiry on the basis of the President’s ruling may precede the appeal.

On the appeal, no Senator shall speak more than once nor for more than three minutes except the Senator appealing who may speak both first and last and for three minutes each time. The President, if he desires, may speak and shall at all times have preference.

Exceptional Words. — (B) If a Senator is called to order for words spoken, the exceptional words spoken shall be immediately reduced to writing by the Secretary and if the ruling is final (no appeal or appeal unsuccessful), the Senator called to order shall yield the floor and speak no further if on a matter of privilege nor until all others have had an opportunity to speak if on a question before the Senate.

RULE 42

Gubernatorial Appointments. — Any appointment by the Governor of the State of Idaho which requires confirmation by the Senate, shall be on the desk of the President of the Senate and announced therefrom while in session, not less than three legislative days before being acted upon by the Senate, excepting therefrom any nomination received after the fifty-seventh day of the session; any appointee so chosen by the Governor may be examined by the State Affairs Committee or other designated committee, which committee shall submit a report to the whole Senate for adoption.

Adoption by the Senate of the committee report shall be affirmative action of the Senate on the confirmation of the appointee unless the committee report contains no recommendation.

RULE 43

Absence. — (A) No Senator shall, without leave, absent himself from the Senate otherwise than temporarily.

Senate at Ease. — (B) The Senate may be called "at ease" only with consent of the Senate.

RULE 44

Right to Protest. — Any Senator shall have the right to protest any action of the Senate, and such protest and the reason thereof, when reduced to writing, shall, without alterations, commitment, or delay, be entered in the Journal.

RULE 45

Call of the Senate. — (A) Any Senator may request a Call of the Senate and the Call shall be ordered by the President if at least two other Senators rise in support of the request, but a Call is not in order after a roll call vote has been ordered.

Proceeding Under Call. — (B) A Call of the Senate being ordered, the Sergeant at Arms shall close and lock the doors and no Senators, or the President, shall be allowed to leave the Senate Chamber. The Secretary shall immediately be ordered to call the roll and note the absent Senators, 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 be ordered to find and present to the Senate those who are absent. Arrest of absent Senators shall not be made unless ordered by a majority of Senators present.

While the Senate is under Call, no business shall be transacted except to receive and act upon the report of the Sergeant at Arms and no other motion shall be in order except to suspend further proceedings under the Call which shall require a two-thirds majority of the Senate present, provided, that after the Sergeant at Arms makes a report of inability to find all Senators absent without leave, or all Senators, not excused, are present, the Call may be lifted or the Senate adjourned upon a majority vote.

Absentees Excused. — (C) Upon the Call being lifted, any Senator absent at the Call and returning thereunder, may be excused for his absence if he was on business of the legislature at the time of the Call and his excuse shall be recorded if he was previously recorded as absent without leave.

RULE 46

Persons Allowed on Floor. — (A) No one except justices and ex-justices of the Supreme Court, judges and ex-judges of the District Court, present and ex-state officers, members of the present and past legislatures of this state and territory, state officers of other states, members of the United States Congress, and duly accredited members of news media shall be admitted to a seat upon the floor of the Senate Chamber.

Introduction of Guests. — (B) Only former legislators and members of the United States Congress shall be introduced on the floor of the Senate. Members’ immediate families may be introduced in the gallery. Introductions shall be allowed during the Fifteenth Order of Business only.

Families and Guests. — (C) Families and special guests of the Senators and the President shall be issued passes for seating in the gallery area designated as "Reserved for pass holders."

Employee Soliciting Vote. — (D) Any employee of the Senate, or of its committees, soliciting or inviting any Senator to vote or use his influence for any bill or matter before the Senate, shall be dismissed at once from the Senate, and shall be dismissed at once from service and employment.

Lobbying Prohibited. — (E) No person shall be permitted to lobby for or against any bill in the Chamber of the Senate while the Senate is in session, except when the Senator to whom he wishes to speak shall have authorized him to do so.

Identification. — (F) All persons permitted within the Chamber of the Senate under the provisions of this rule shall be furnished appropriate identification badges by the Sergeant at Arms which he may require to be returned when the person leaves the Chamber.

Removal of Unauthorized Persons. — (G) Any Senator may call the attention of the President to the fact that unauthorized persons are in the Chamber; whereupon the President shall instruct the Sergeant at Arms to remove the unauthorized persons immediately.

Control of Visitors to Senate Floor. — (H) No person except those on official business of the Senate shall be allowed inside the Senate Chamber from thirty minutes prior to the convening of the Senate and until ten minutes after the Senate is adjourned. While the Senate is in session, and until ten minutes after the Senate is adjourned, no person except those on official business of the Senate or those identified in Rule 46(A) shall be allowed in the hallways surrounding the Senate Chamber. No person lobbying for or against any measure shall be permitted on the floor of the Senate except by invitation of a Senator.

RULE 47

General and Special Rules. — If any rule of procedure contained in these rules and having application to a particular situation or action appears to be in conflict with another rule more general in nature, the special rule shall apply in the situation specified.

RULE 48

Matters Not Covered by Rules. — In all cases not herein provided for, and in which they are not inconsistent with these rules or the joint rules of the Senate and House of Representatives, the general rules of parliamentary practice and procedure as set forth in Mason’s Manual of Legislative Procedure shall govern the proceedings of the Senate.

RULE 49

Minority Party Assistants. — The minority party shall have assigned to it from personnel of its own choosing, one secretary for each the minority party leader, the assistant minority party leader, and the minority party, and such other assistants as the President Pro Tempore may consent to.

RULE 50

Tobacco Products and Electronic Cigarettes. — (A) The use of tobacco products or electronic cigarettes shall not be allowed on the Senate floor at any time or in the gallery, or in any committee room, or in any of the rooms, passages, and corridors of the Senate, or in the offices used by the Senators, or in the restrooms of the Senate.

Consumption of Food and Beverage. — (B) No food or beverage shall be consumed on the Senate floor or in the gallery while the Senate is in session, except water in containers capable of holding no more than sixteen ounces and with lids capable of being closed.

RULE 51

Distribution of Written or Printed Matter. — All printed matter directed to any Senator through the United States mails shall be deposited in a mail box set aside for each Senator or delivered to his desk by a Senate employee. No written or printed matter shall be distributed to the Senators directly but shall be deposited in appropriate mail or other depository boxes set aside for them, except communications from any member of the legislature or elected state official or state department or agency may be delivered directly to the Senator’s desk, and provided further that no written or printed matter except such as may be forwarded through the United States mails, shall be distributed to the Senators in any case unless it shows the name of the person or organization responsible for such distribution. It shall be considered good taste for any person or organization desiring to distribute correspondence or literature of any type to all Senators, or a great number thereof at one time, to first seek permission of the Sergeant at Arms or the President.

RULE 52

Committee on Ethics. — (A) The President Pro Tempore shall receive complaints from any Senator concerning the alleged violation of the Rules of the Senate or the provisions of applicable law by a member of the Senate. Whenever such a complaint is received, the President Pro Tempore shall appoint a committee on ethics of six members, consisting of a chairman and five members, three of whom must be appointed with the concurrence of the leader of the party opposite to the party of the President Pro Tempore.

(B) The complaint shall be in writing, signed, verified and contain one or more of the following allegations:

(1)	Substantial conduct unbecoming a Senator;
(2)	A material violation of the Rules of the Senate, including: (i) the disclosure of any information that is confidential concerning the preliminary investigation provided in subsection (E) of this Senate Rule; or (ii) the disclosure of any information, preliminary investigation or written complaint, except as provided in subsection (F) of this Senate Rule;
(3)	A violation of any state law relating to the use of public office for private pecuniary gain;
(4)	A violation of any state law relating to conflicts of interest; or
(5)	A violation of any state law that brings discredit or embarrassment to the Senate or that constitutes a breach of public trust.

(C) The complaint shall be specific and supported by competent preliminary evidence of the violation of the Rules of the Senate or the provisions of applicable law, including: (i) the name of the member of the Senate alleged to be in violation; and (ii) the description of the facts and circumstances supporting each alleged violation.

(D) The President Pro Tempore shall provide the written complaint to the chairman of the committee on ethics. Subject to the provisions of this rule, the committee shall review the written complaint. The committee may dismiss any ethics complaint that:

(1)	Does not comply with this Senate Rule;
(2)	Contains alleged violations that occurred: (i) two years or more before the date on which the complaint was submitted to the committee; or (ii) before the accused Senator was sworn in to the Senate.

(E) The committee shall notify the Senator complained against of the complaint and shall provide the Senator a copy of the complaint. The Senator complained against may submit a written answer to the committee. The committee shall make a preliminary investigation of the complaint. Notwithstanding the provisions of Senate Rule 20, such investigatory meetings shall be held in executive session. If, after investigation, the committee determines no probable cause exists that a violation has occurred, the committee shall dismiss the complaint and notify the complaining Senator and the Senator complained against. All proceedings of the committee, pursuant to this subsection (E), including the complaint and the appointment of the committee shall remain confidential, except that private communications with members of majority or minority leadership shall not be construed as violating this requirement of confidentiality.

(F) If, after investigation, the committee determines probable cause exists that a violation may have occurred, the committee shall so notify the complaining Senator and the Senator complained against. At that time, the written complaint and the formation of the committee shall no longer be confidential, but shall become a public document. The Senator complained against may request a hearing before the committee, before which he shall be entitled to appear, present evidence, cross-examine witnesses, and be represented by counsel. The committee shall have the power to take testimony under oath and to issue subpoenas and subpoenas duces tecum in the manner provided in Chapter 4, Title 67, Idaho Code. After the hearing, the committee may make recommendations to the Senate. The committee may recommend dismissal of the charges, reprimand, censure, or expulsion. Expulsion of a Senate member shall require the affirmative vote of two-thirds of the members elected to the Senate, 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 Senate. Action of the Senate pursuant to this rule is final and not subject to court review.

(G) The committee may retain such counsel and may hire such investigators as it deems necessary for the performance of its duties under this rule, or may request an advisory opinion from the Attorney General. All expenditures incurred pursuant to this subsection (G) shall be approved by the President Pro Tempore and paid by vouchers and warrants drawn as provided by law from appropriations made to the Legislative Account.

(H) 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 of the Senate and state statutes.

(I) If the complaint concerns misconduct of the President Pro Tempore, then the duties of the President Pro Tempore in this rule shall be the duties of the floor leader of the same party as the President Pro Tempore.

RULE 53

Contest of Election — Procedures. This Rule governs procedures leading up to and including a hearing on the contest of election. It should be read in conjunction with Chapter 21, Title 34, Idaho Code. For purposes of this Rule, the term "Party" means either the CONTESTEE or the CONTESTOR; the term "Parties" means both.

(A) Any proof of the CONTESTEE’s or CONTESTOR’s legal arguments, including depositions, affidavits, production of papers, and examination of poll books and ballots (herein "Record") that either CONTESTEE or CONTESTOR desires the Senate to consider in adjudication of a Contest must be completed on or before December 29. CONTESTEE and CONTESTOR’s Record must be delivered to the Office of the Secretary of State no later than the close of business on the next business day. Any Record or evidence from the CONTESTEE or CONTESTOR not delivered to the Office of the Secretary of State by that day and time will not be considered by the Senate.

(B) The Parties must file a Memorandum that outlines their claims, defenses, legal authority, legislative precedent, proposed form of relief, and a description of witness fees and discovery costs that are incurred. The Memorandum must be filed with the Office of the Secretary of State no later than the close of business four (4) business days following delivery of the Record to the Office of the Secretary of State as provided in paragraph (A). However, CONTESTEE is not required to file a responsive pleading to the Contest.

(C) Any Party may file a Responsive Memorandum. If a Party chooses to file a Responsive Memorandum, it must be filed with the Office of the Secretary of State no later than the close of business on the first day of the next Regular Session.

(D) If an unresolved discovery or Record dispute exists and continues between the CONTESTEE and the CONTESTOR, and on motion duly made, the presiding officer or his designee may rule on the dispute. Neither the CONTESTEE nor the CONTESTOR will be granted any additional time beyond December 29 to develop or deliver his Record.

(E) Committee hearing procedures. If the Senate refers the Contest of Election to a Standing or Special Committee, the Committee Chairman will notify the Parties of the Committee hearing procedures. The following procedures, subject to the discretion of the Committee Chairman, will govern the hearing:

(1) No additional testimony or Record may be presented, taken, or allowed by the Parties beyond the Record delivered to the Office of the Secretary of State as provided in paragraph (A) of this Rule.

(2) Neither CONTESTEE nor CONTESTOR may examine or cross-examine any witness that testifies before the Committee. All examination will be performed by Committee members.

(3) Pursuant to Section 34-2104, Idaho Code, only the named points in the Notice of Contest of Elections may be argued.

(4) The Committee may send for and receive persons, papers, and records, whether written or oral, including from the Office of the Attorney General, other State Elected Officers, State officials, County Elected Officers, County officials, or other witnesses that the Committee determines will reasonably assist the Committee in the performance of its constitutional duty as a "judge of the election, qualifications and returns of its own members," Section 9, Article III, Idaho Constitution.

(5) In all other respects, the Committee will be governed by the rules of the Senate.

(F) The Committee may adopt any of the following as part of the hearing procedures:

(1) Permit the Parties to have counsel present at Committee meeting(s); and

(2) Establish a time limit for the CONTESTEE and CONTESTOR to argue their positions to the Committee.

(G) Neither CONTESTEE nor CONTESTOR, nor their counsel, may participate in ex parte communication with any Idaho State Senator regarding the merits of the Contest of Election prior to final Senate determination.

(H) Service of all Record, Memorandum, Responsive Memorandum, motions, or objections must be made on the other Party as provided in Idaho Rules of Civil Procedure 5(b), excepting subpart 5(b)(2)(D). The Parties must also provide a proof of service as provided by Idaho Rules of Civil Procedure 5(e). The Parties must work in good faith to ensure reasonable and timely service, considering the limited time periods.

(I) Nothing in this Rule limits or restricts the Senate in the performance of its duties as the judge of the election, qualifications and returns of its members.

Joint Senate and House Rules

pecnv.out

JOINT RULE 1

These Joint Rules, upon adoption by both the Senate and House of Representatives, shall be the permanent Joint Rules of the Legislature.

These Joint Rules shall take precedence over special rules of either the Senate or House which may be in conflict therewith and may be amended only by the concurrence of two-thirds of the members voting of both houses.

JOINT RULE 2

Definitions. — As used in these Joint Rules, unless the context clearly requires otherwise, the following terms shall have the meanings hereinafter respectively ascribed to them.

Resolution. — This term denotes the adoption of a motion, the subject matter of which would not properly constitute a statute. EXAMPLES: An alteration of the rules, a vote of thanks, a vote of censure, etc.

Concurrent Resolution. — This term denotes a resolution that originates in one house of the legislature where it is passed and is then sent to the other house for passage. It is signed by the presiding officers of both houses.

Joint Resolution. — A joint resolution is a resolution passed by both houses of the legislature proposing an amendment to the Constitution of the State of Idaho.

Proclamation. — A proclamation is an instrument, the subject matter of which does not constitute a statute, which after being introduced in the proper committee shall be sent immediately to the floor for action without being referred back to committee. A proclamation may be passed by voice vote. If a proclamation is passed by the house of origin it shall be sent to the other house for passage where it shall be placed on the floor for action without being referred to a committee. An example of a proclamation shall include but not be limited to a vote of thanks, praise or honor for a special achievement, accomplishment, anniversary or birthday. For purposes of the calendars of the Senate and House of Representatives a proclamation shall be considered a petition.

Bill. — This term denotes the draft of a law or amendment thereto submitted to the legislature for its approval or rejection. Bills may be originated in either house and may be amended or rejected in the other, except that bills for raising revenue must originate in the House of Representatives and a bill originating in one house and amended in the other may not again be amended in the house of origin except pursuant to report of a conference committee.

The enacting clause of every bill must read "Be It Enacted by the Legislature of the State of Idaho." All bills must be signed by the presiding officers of the respective houses. Every act or joint resolution shall be plainly worded avoiding as far as practicable the use of technical terms.

Joint Memorial. — A petition or representation made by the House of Representatives and concurred in by the Senate, or vice versa, addressed to whoever can effectuate the request of the memorial.

Engrossed Bill. — An amended bill with the amendments correctly drafted and before the house of origin for further action.

Enrolled Bill. — A bill that has passed both houses and awaits only the signatures of the presiding officers thereof.

JOINT RULE 3

Report of Action Taken and Transmittal of Bills, Joint and Concurrent Resolutions and Memorials. — When final action shall have been taken on any bill, joint or concurrent resolution or memorial in the house in which it originates, it shall be transmitted to the other house on or before the first order of business of the receiving house on the next succeeding legislative day with an endorsement thereon by the Secretary or Chief Clerk, as the case may be, showing a complete record of all action taken thereon. When final action shall have been taken on any bill, joint or concurrent resolution which has been passed in one house, it shall be returned to the house in which it originated on or before the First Order of Business of the receiving house on the next succeeding legislative day with an endorsement thereon by the Secretary or Chief Clerk, as the case may be, showing a complete record of all action taken thereon.

JOINT RULE 4

Enrolling and Engrossing. — After a bill shall have passed both houses, it shall be enrolled by the enrolling clerk of the house from which it originated not later than 48 hours after the time of passage. All bills, memorials, and resolutions shall be engrossed only in the house in which they originated.

JOINT RULE 5

Procedure After Enrollment. — After being enrolled each bill shall be examined by the committee on enrolling of the house in which it originated, and after being reported, shall be signed first by the presiding officer of the house in which it originated, then by the presiding officer of the other house, and lastly be submitted to the governor for his consideration. All bills shall be so signed and delivered to the governor for his consideration within 72 hours after enrollment. The date and hour of submission of a bill to the governor shall be entered on the journal of the house in which it originated. There shall be endorsed on each bill, memorial, or resolution the certificate of the secretary or chief clerk, as the case may be, as to the house of its origin. The date and hour of passage in the respective houses shall also be shown.

JOINT RULE 6

Proclamations, Resolutions and Memorials. — Joint resolutions shall be treated in every respect as are bills except that they shall be passed only by 2/3 majority of the membership of each house.

Concurrent resolutions and memorials shall be printed as are bills and concurrent resolutions, proclamations and memorials shall also be printed in full in the journal of the house of origin and by number and author only in the journal of the other house. When passed in one house and transmitted to the other, they shall be accepted or rejected only and shall not be subject to amendment. Joint resolutions, concurrent resolutions and memorials shall, after being passed, be filed with the Secretary of State, rather than being submitted to the Governor for consideration.

A proclamation shall not be printed in the same manner as bills, resolutions or memorials but enough copies shall be reproduced so that each member of both houses shall be entitled to a copy and, if the proclamation is passed by both houses, copies shall be sent to the person, persons or entity being addressed by the proclamation. When a proclamation is passed in one house and transmitted to the other, it shall be accepted or rejected only and shall not be subject to amendment.

JOINT RULE 7

Messages from One House to Other. — When a message shall be sent by either house to the other, the same shall be reduced to writing and transmitted to the desk of the Secretary or Chief Clerk, as the case may be, by the person to whom such message or communication shall be taken up at the proper order of business as may be provided by the rules of the house to which said message is sent. Such messages shall be transmitted by the officers or employees provided by each house for such purpose or by such other person as the presiding officer may select.

JOINT RULE 8

Messages To Be Signed by Secretary or Chief Clerk. — Notice to either house of action by the other house shall be in writing and To Be signed by the Secretary or Chief Clerk, as the case may be, of the house from which such notice or message is conveyed.

JOINT RULE 9

Bill Passed by One House and Rejected by the Other May Not be Introduced in House of Origin. — When a bill or joint resolution (except in matters pertaining to revenue or finance) shall have been passed by one house, and rejected by the other, it cannot be again introduced in the house in which it originated during the term of the regular annual or special session in which originally introduced, but may be again introduced in a special session or in the next regular annual session.

JOINT RULE 10

Conference Committees. — When a bill or joint resolution passed by one house shall have been amended in the other, upon its return to the house of origin, that house may request that a conference committee be appointed to confer with a similar committee from the other house, which shall be appointed upon request directed to the presiding officer thereof. If both houses adhere to their disagreement after vote of the joint committees of conference, the bill or joint resolution shall be considered lost and report thereof made to the presiding officer of each house. If, by vote of the joint committees of conference, agreement can be reached on the amendments in controversy, the same shall be returned to the house wherein the bill or joint resolution was amended with the recommendation that it be further amended in accordance with the agreement of the committees of conference. Upon such further amendment, the bill shall be returned to the house of its origin for final action.

JOINT RULE 11

Chairman of Joint Committee. — The chairman of the Senate committee shall be chairman of all committees or meetings where committees of both houses sit jointly.

In absence of the chairman of the Senate committee, the chairman of the House committee shall act as chairman of the meeting.

JOINT RULE 12

Joint Sessions. — When the two houses meet in joint session, the Speaker of the House shall preside. Such sessions shall be held in the Chamber of the House of Representatives. The Secretary of the Senate and the Chief Clerk of the House shall be the clerks of such session and the record of the proceedings shall be entered on the journals of the respective houses. The Chief Clerk shall be the reading clerk of such session.

JOINT RULE 13

Duties of Sergeant-at-Arms. — It shall be the duty of the sergeant-at-arms to announce to the presiding officer of his house all committees sent to it by the other house. The sergeant-at-arms of the House shall be the sergeant-at-arms of all joint sessions.

JOINT RULE 14

Press Accreditation. — The Capitol Correspondents Association shall be recognized as the accrediting agency for newsmen and news photographers covering either house of this legislature.

JOINT RULE 15

Mistaken Transmittals. — In event any bill, resolution or memorial or other document shall, by mistake, have been transmitted from one house to the other, it shall, upon request of the presiding officer of the house from whence it came, be immediately returned thereto unless substantive action of amendment or vote shall have already been taken thereon. The request shall clearly outline the mistake requiring the request.

JOINT RULE 16

Hours Chambers Open. — The Chambers of the Senate and House of Representatives shall be open, during any regular or special session, hours to be determined by the Senate Pro Tempore and the Speaker of the House of Representatives. Chamber hours may be adjusted by the Senate Pro Tempore and Speaker of the House of Representatives as necessary during all other times of the year.

JOINT RULE 17

NUMBERING. — (a) All bills, joint resolutions, joint memorials and concurrent resolutions in the Senate and House of Representatives shall be numbered consecutively, commencing with numbers as follows:

Bills introduced in the Senate shall commence with the number 1001.

Bills introduced in the House shall commence with the number 1.

Senate joint resolutions, joint memorials and concurrent resolutions respectively, shall commence with the number 101.

House joint resolutions, joint memorials and concurrent resolutions, respectively, shall commence with the number 1.

(b) With the exception of extraordinary sessions, bills, resolutions and memorials shall be numbered consecutively from the first through the second regular sessions of the legislature. Bills, resolutions and memorials introduced during any extraordinary session shall be numbered without regard to the numbering system used in any regular session.

JOINT RULE 18

Statement of Purpose and Fiscal Notes — General Provisions. — No bill shall be introduced in either house unless it shall have attached thereto a concise statement of purpose and fiscal note. The contact person for the statement of purpose and fiscal note shall be identified on the document. Statements of purpose and fiscal notes may be combined in the same statement.

Statement of Purpose. — (a) The statement of purpose applies only to a bill as introduced, and does not necessarily reflect any amendment to the bill that may be adopted. All statements of purpose shall be reviewed for compliance with this rule by the committee to which the bill is assigned, excepting that any review is subject to Joint Rule 18(e).

Fiscal Notes. — (b) The fiscal note applies only to a bill as introduced, and does not necessarily reflect any amendment to the bill that may be adopted. The fiscal note shall reasonably contain the proponent’s full fiscal year projected increase or decrease in existing or future appropriations, and/or the increase or decrease in revenues by the state or unit(s) of local government. The bill’s proponent bears the responsibility to provide a reasonably accurate fiscal note. If the fiscal note states there is no projected fiscal impact, then the fiscal note must contain a statement of the reasons that no fiscal impact is projected. All fiscal notes shall be reviewed for compliance with this rule by the committee to which the bill is assigned, excepting that any compliance review is subject to Joint Rule 18(e). A member of the committee may challenge the sufficiency of a fiscal note at any time prior to the committee’s final action on the bill.

Debate. — (c) Any member of either house may debate the sufficiency of a statement of purpose or fiscal note at the time of consideration of the bill.

May be Revised. — (d) Either house may revise the statement of purpose or fiscal note at any time before that house’s final action on the bill; however, the revision to the statement of purpose or fiscal note is ministerial only and shall not be done by action of the house.

Not a Statement of Legislative Intent. — (e) Statements of purpose and fiscal notes are mere attachments to the bill and are not voted on. The statement of purpose and fiscal note are not expressions or statements of legislative intent, and are not intended for any use outside of the legislative process, including judicial review.

Notice to Others. — (f) Each statement of purpose and fiscal note shall contain this notice: "This statement of purpose and fiscal note are a mere attachment to this bill and prepared by a proponent of the bill. It is neither intended as an expression of legislative intent nor intended for any use outside of the legislative process, including judicial review (Joint Rule 18)."

JOINT RULE 19

Minutes of Standing Committee Meetings. — Minutes of standing committee meetings shall be prepared in summary fashion, in the discretion of the individual committee chair. Any tape recordings of committee meetings shall be made only for the purpose of assisting the committee secretary, and thereafter any such tapes shall be recycled at the discretion of the committee chair. Minutes of standing committee meetings shall include at least the following information:

(1)	All members of the governing body present;
(2)	All motions, resolutions, orders, or ordinances proposed and their disposition; and
(3)	The results of all votes, and upon the request of a member, the vote of each member by name.

JOINT RULE 20

Constitutional Amendments. — A Joint Resolution proposing an amendment to the Constitution of the State of Idaho must be introduced on or before the thirty-sixth day of the Regular Legislative Session and must be transmitted from the house of origin to the other house prior to the fifty-fifth day of the Regular Legislative Session; provided however, in the event the fifty-fifth day of the Regular Legislative Session falls on a Saturday or Sunday, such transmittal must be made on or prior to the fifty-seventh day of the Regular Legislative Session. The provisions of this rule may be waived by the presiding officer of either house upon presentment of a signed petition by the majority or minority leadership of the house. Requests for a proposed amendment to the Constitution of the State of Idaho shall be in the Office of Legislative Services for drafting at least seven calendar days prior to its intended introduction date.

JOINT RULE 21

Recording of Proceedings of the Chambers. — The proceedings of each house shall be recorded and live streamed by an authorized designee, provided that either house may suspend or end recording and/or live streaming of its proceedings upon a two-thirds vote of the chamber wherein the proceeding takes place. A statement made during floor or committee proceedings is indicative only of the individual speaker and is not an expression of legislative intent by the body as a whole. No recording shall substitute for the Journal of either house as required by Section 13, Article III of the Constitution of the State of Idaho. All recordings shall be maintained by the Director of Legislative Services or his designee. A copy of any recorded proceedings more than two years old will be provided to the state archivist. No member of the Legislature, its employees, or designees shall be permitted to certify or authenticate any recording made under this rule.

JOINT RULE 22

Contest of Election for Executive Offices — Procedures. This Rule governs procedures leading up to and including a hearing on the contest of election for executive offices. It should be read in conjunction with Chapter 21, Title 34, Idaho Code. For purposes of this Rule, the term "Party" means either the CONTESTEE or the CONTESTOR; the term "Parties" means both.

(1) Any proof of the CONTESTEE’s or CONTESTOR’s legal arguments, including depositions, affidavits, production of papers, and examination of poll books and ballots (herein "Record") that either CONTESTEE or CONTESTOR desires the Senate and the House of Representatives to consider in adjudication of a Contest must be completed on or before December 29. CONTESTEE and CONTESTOR’s Record must be delivered to the Office of the Secretary of State no later than the close of business on the next business day. Any Record or evidence from the CONTESTEE or CONTESTOR not delivered to the Office of the Secretary of State by that day and time will not be considered by the Senate and the House of Representatives.

(2) The Parties must file a Memorandum that outlines their claims, defenses, legal authority, legislative precedent, proposed form of relief, and a description of witness fees and discovery costs that are incurred. The Memorandum must be filed with the Office of the Secretary of State no later than the close of business four (4) business days following delivery of the Record to the Office of the Secretary of State as provided in paragraph (1). However, CONTESTEE is not required to file a responsive pleading to the Contest.

(3) Any Party may file a Responsive Memorandum. If a Party chooses to file a Responsive Memorandum, it must be filed with the Office of the Secretary of State no later than the close of business on the first day of the next Regular Session.

(4) If an unresolved discovery or Record dispute exists and continues between the CONTESTEE and the CONTESTOR, and on motion duly made, the presiding officer or his designee may rule on the dispute. Neither the CONTESTEE nor the CONTESTOR will be granted any additional time beyond December 29 to develop or deliver his Record.

(5) Committee hearing procedures. If the Legislature refers the Contest of Election to a Committee, the Committee Chairmen will notify the Parties of the Committee hearing procedures. The following procedures, subject to the discretion of the Committee Chairmen, will govern the hearing:

(a) No additional testimony or Record may be presented, taken, or allowed by the Parties beyond the Record delivered to the Office of the Secretary of State as provided in paragraph (1) of this Rule.

(b) Neither CONTESTEE nor CONTESTOR may examine or cross-examine any witness that testifies before the Committee. All examination will be performed by Committee members.

(d) The Committee may send for and receive persons, papers, and records, whether written or oral, including from the Office of the Attorney General, other State Elected Officers, State officials, County Elected Officers, County officials, or other witnesses that the Committee determines will reasonably assist the Committee in the performance of its constitutional duty as a "judge of the election, qualifications and returns of its own members," Section 9, Article III, Idaho Constitution.

(e) In all other respects, the Committee will be governed by the rules of the legislature.

(6) The Committee may adopt any of the following as part of the hearing procedures:

(a) Permit the Parties to have counsel present at Committee meeting(s); and

(b) Establish a time limit for the CONTESTEE and CONTESTOR to argue their positions to the Committee.

(7) Neither CONTESTEE nor CONTESTOR, nor their counsel, may participate in ex parte communication with any member of the Idaho Legislature regarding the merits of the Contest of Election prior to final determination.

(8) Service of all Record, Memorandum, Responsive Memorandum, motions, or objections must be made on the other Party as provided in Idaho Rules of Civil Procedure 5(b), excepting subpart 5(b)(2)(D). The Parties must also provide a proof of service as provided by Idaho Rules of Civil Procedure 5(e). The Parties must work in good faith to ensure reasonable and timely service, considering the limited time periods.

(9) Nothing in this rule limits or restricts the Legislature in the performance of its duties as the judge of the election.

JOINT RULE 23

Public Display of "In God We Trust." — The words "In God We Trust" shall appear in the Chambers of the Senate and of the House of Representatives above the chairs of the presiding officers.