2006 Legislation
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SENATE RESOLUTION NO. 109 – Senate Rule 53, amended


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Bill Status

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Rule 53 to delete a superseded reference to the Idaho Code.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,
      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. 109
                              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  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
 29    Code.
 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-
  9    pore.

Statement of Purpose / Fiscal Impact

                      STATEMENT OF PURPOSE

                            RS 16313

     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.

                         FISCAL NOTE

     There is no fiscal impact from this resolution

Contact:  Sen. Bart Davis, Majority Leader, 332-1305


STATEMENT OF PURPOSE/FISCAL NOTE                         SR 109