2006 Legislation
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HOUSE RESOLUTION NO. 4 – House Rule 76, amended


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Bill Status

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

Bill Text

  ]]]]              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
  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
  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 / Fiscal Impact

                       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.

Name: Rep. Bruce Newcomb, Speaker of the House 
Phone: (208) 332-1000

STATEMENT OF PURPOSE/FISCAL NOTE                            HR 4