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