Print Friendly SENATE RESOLUTION NO. 109 – Senate Rule 53, amended
SENATE RESOLUTION NO. 109
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SR109................................................by JUDICIARY AND RULES
SENATE RULE 53 - Stating findings of the Legislature and amending Senate
Rule 53 to delete a superseded reference to the Idaho Code.
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,
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. 109
BY JUDICIARY AND RULES COMMITTEE
1 A SENATE RESOLUTION
2 PROVIDING FOR THE AMENDMENT OF RULE 53 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 53 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 53
8 of the Rules of the Senate shall be amended to read as follows:
9 RULE 53
10 Committee on Ethics.--(A) The President Pro Tempore shall receive writ-
11 ten, signed complaints from any Senator concerning the alleged violation of
12 the Rules of the Senate or the provisions of applicable law by a member of the
13 Senate. Whenever such a complaint is received, the President Pro Tempore
14 shall appoint a committee on ethics of six members, consisting of a chairman
15 and five members, three of whom must be appointed with the concurrence of the
16 leader of the party opposite to the party of the President Pro Tempore.
17 (B) The committee shall notify the person against whom the complaint was
18 brought and shall provide such person with a copy of the complaint. The per-
19 son complained against may submit a written answer to the committee. The com-
20 mittee shall make a preliminary investigation of the complaint. If, after
21 investigation, the committee determines no violation has occurred, the com-
22 plaint shall be dismissed. If, after investigation, the committee determines
23 probable cause exists that a violation may have occurred, the committee shall
24 so notify the person complained against. Such person may request a hearing
25 before the committee, before which he shall be entitled to appear, present
26 evidence, cross-examine witnesses, and be represented by counsel. The commit-
27 tee shall have the power to take testimony under oath and to issue subpoenas
28 and subpoenas duces tecum in the manner provided in Section 67-407, Idaho
30 (C) All proceedings of the committee shall be governed by the provisions
31 of Section 67-2345, Idaho Code.
32 (D) The committee may make recommendations to the Senate based upon the
33 investigations conducted and hearings held pursuant to this rule. The commit-
34 tee may recommend dismissal of the charges, reprimand, censure, or expulsion.
35 Expulsion of a Senate member shall require the affirmative vote of two-thirds
36 of the members elected to the Senate, as provided by Section 11 of Article III
37 of the Constitution. Reprimand or censure of a member shall require the
38 affirmative vote of a majority of the members elected to the Senate. Action
39 of the Senate pursuant to this rule is final and not subject to court review.
40 ( ED) The committee may retain such counsel and may hire such investigat-
41 ors as it deems necessary for the performance of its duties under this rule,
42 or may request an advisory opinion from the Attorney General. All expendi-
43 tures incurred pursuant to this subsection ( ED) shall be approved by the Pres-
1 ident Pro Tempore and paid by vouchers and warrants drawn as provided by law
2 from appropriations made to the Legislative Account.
3 ( FE) The committee may adopt rules of procedure for the orderly conduct
4 of committee meetings, investigations, and hearings, which rules shall be con-
5 sistent with this rule and other applicable rules and statutes.
6 ( GF) If the written signed complaint concerns misconduct of the President
7 Pro Tempore, then the duties of the President Pro Tempore in this rule shall
8 be the duties of the floor leader of the same party as the President Pro Tem-
STATEMENT OF PURPOSE
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 Senate Rule 53 to delete a
superseded reference to a code section that has been replaced by
other provisions of the Senate rules.
There is no fiscal impact from this resolution
Contact: Sen. Bart Davis, Majority Leader, 332-1305
STATEMENT OF PURPOSE/FISCAL NOTE SR 109