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HR004.....................................................by WAYS AND MEANS
HOUSE RULE 76 - Amends House Rule 76 to delete a reference to the Idaho
Code regarding ethics committees.
04/11 House intro - 1st rdg - to printing
Rpt prt - to 2nd rdg
Rls susp - ADOPTED - 57-11-2
AYES -- Anderson, Andrus, Barraclough, Barrett, Bastian, Bayer,
Bedke, Bell, Bilbao, Black, Block, Bolz, Brackett, Bradford, Cannon,
Chadderdon, Clark, Collins, Crow, Deal, Denney, Edmunson, Ellsworth,
Eskridge, Field(18), Field(23), Garrett, Hart, Harwood, Henderson,
Kemp, Lake, Loertscher, Mathews, McGeachin, McKague, Miller, Moyle,
Nielsen, Nonini, Raybould, Ring, Roberts, Rydalch, Sali, Schaefer,
Shepherd(2), Shepherd(8), Shirley, Skippen, Smith(24), Smylie,
Snodgrass, Stevenson, Wills, Wood, Mr. Speaker
NAYS -- Boe, Henbest, Jaquet, LeFavour, Martinez, Pasley-Stuart,
Pence, Ringo, Rusche, Sayler, Smith(30)
Absent and excused -- Mitchell, Trail
Floor Sponsor - Mr. Speaker
Title apvd - Filed in Office of the Chief Clerk
]]]] LEGISLATURE OF THE STATE OF IDAHO ]]]]
Fifty-eighth Legislature Second Regular Session - 2006
IN THE HOUSE OF REPRESENTATIVES
HOUSE RESOLUTION NO. 4
BY WAYS AND MEANS COMMITTEE
1 A HOUSE RESOLUTION
2 PROVIDING FOR THE AMENDMENT OF RULE 76 OF THE RULES OF THE HOUSE OF REPRESEN-
3 TATIVES.
4 Be It Resolved by the House of Representatives of the State of Idaho:
5 WHEREAS, the House of Representatives deems it necessary and desirable to
6 amend Rule 76 of the Rules of the House of Representatives.
7 NOW, THEREFORE, BE IT RESOLVED by the members of the House of Representa-
8 tives, assembled in the Second Regular Session of the Fifty-eighth Idaho Leg-
9 islature, that Rule 76 of the Rules of the House of Representatives shall be
10 amended to read as follows:
11 RULE 76
12 Committee on Ethics.--(1) The Speaker shall receive written, signed com-
13 plaints from any person concerning misconduct involving legislative duties by
14 a member of the House including, but not limited to, the alleged violation of
15 the Rules of the House of Representatives and the provisions of applicable
16 law. Whenever such a complaint is received, the Speaker shall appoint a com-
17 mittee on ethics of seven members, consisting of four majority party members,
18 and three minority party members. The majority party members of the committee
19 shall be selected from among the chairmen of committees of reference of the
20 House. The minority party members of the committee shall be selected, after
21 considering recommendations made by the minority leader, from among the mem-
22 bers of the House who are senior in service and experience. The Speaker shall
23 designate the chairman and vice chairman of the committee from among its mem-
24 bers.
25 (2) The committee shall notify the person against whom the complaint was
26 brought and shall provide such person with a copy of the complaint. The person
27 complained against may submit a written answer to the committee. The committee
28 shall make a preliminary investigation of the complaint. If, after investiga-
29 tion, the committee determines no violation has occurred, the complaint shall
30 be dismissed. If, after investigation, the committee determines probable cause
31 exists that a violation may have occurred, the committee shall so notify the
32 person complained against. Such person may request a hearing before the com-
33 mittee, before which he shall be entitled to appear, present evidence, cross-
34 examine witnesses, and be represented by counsel. The committee shall have the
35 power to take testimony under oath and to issue subpoenas and subpoenas duces
36 tecum in the manner provided in Section 67-407, Idaho Code.
37 (3) All proceedings of the committee shall be governed by the provisions
38 of Section 67-2345, Idaho Code.
39 (4) The committee may make appropriate recommendations to the House of
40 Representatives based upon the investigations conducted and hearings held pur-
41 suant to this rule. In the case of a member of the House, the committee may
42 recommend dismissal of the charges, reprimand, censure, or expulsion. Expul-
43 sion of a House member shall require the affirmative vote of two-thirds of the
2
1 members elected to the House, as provided by Section 11 of Article III of the
2 Constitution. Reprimand or censure of a member shall require the affirmative
3 vote of a majority of the members elected to the House. Action of the House
4 pursuant to this rule is final and not subject to court review.
5 (54) The committee may retain such counsel and may hire such investigat-
6 ors as it deems necessary for the performance of its duties under this rule.
7 All expenditures incurred pursuant to this subsection (54) shall be approved
8 by the Speaker and paid by vouchers and warrants drawn as provided by law from
9 appropriations made to the Legislative Account.
10 (65) The committee may adopt rules of procedure for the orderly conduct
11 of committee meetings, investigations and hearings, which rules shall be con-
12 sistent with this rule and other applicable rules and statutes.
13 (76) If the written signed complaint concerns misconduct of the Speaker,
14 then the duties of the Speaker in this rule shall be the duties of the major-
15 ity floor leader.
STATEMENT OF PURPOSE
RS 16353
Article III, Section 9 of Idaho's Constitution gives both Houses
of the Legislature the power to determine their own rules of
proceeding. This resolution amends House Rule 76 to delete a
superseded reference to a code section that has been replaced by
other provisions of the House rules.
FISCAL NOTE
There is no fiscal impact from this resolution.
Contact
Name: Rep. Bruce Newcomb, Speaker of the House
Phone: (208) 332-1000
STATEMENT OF PURPOSE/FISCAL NOTE HR 4