2006 Legislation
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SENATE RESOLUTION NO. 108 – Senate rule 20, amended


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Bill Status

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

Bill Text

  ]]]]              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
  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
  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 / Fiscal Impact

                      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