RULE 1
Amended Bills. — When a bill, resolution, or memorial passed by the House of Representatives has been amended in the Senate, upon its return to the House, the House shall concur or not concur, or may order the bill referred to a standing committee which shall on that day or the next succeeding day return it to the desk with a committee recommendation for concurrence in such amendment or rejection thereof. If the House does not concur, a conference committee may be appointed to confer with a similar committee from the Senate, pursuant to the Joint Rule on Conference Committees.
RULE 2
Amendments must be Germane. — No motion or proposition on a subject different from that under consideration shall be admitted under color of amendment.
RULE 3
Amendments; Correction of Typographical Error. — No amendment of any Bill or Joint Memorial or Joint or Concurrent Resolution shall be considered by the House except the same shall have been first considered by the Committee of the Whole House but all Bills, Joint Memorials or Joint or Concurrent Resolutions may be recommitted at any time previous to their passage; provided, however, that a typographical or clerical error in any Bill, or Joint Memorial or Joint or Concurrent Resolution, which does not affect the general context thereof, may be corrected and amended by a motion considered by the House without prior consideration by the Committee of the Whole House.
RULE 4
Attaches, Duties. — All attaches of the House shall be required to be on duty during the sessions of the House and during such other hours as they may be needed for the business of the House, unless excused by the Speaker.
RULE 5
Attaches, Lobbying. — Attaches of the House shall not be permitted to lobby for or against any bill or measure pending. It shall be the duty of the Speaker of the House of Representatives to summarily discharge any attache of the House violating this rule.
RULE 6
Bills — Introduction. — (1)Except as provided in subsection (2) of this rule, no bill shall be introduced except by committees and after the 36th day no bill shall be introduced except by the State Affairs Committee, the Appropriations Committee, the Education Committee, the Revenue and Taxation Committee, the Health and Welfare Committee, and the Ways and Means Committee. When essential to expedite the work of the House, the Speaker may designate any standing committee to serve as a privileged committee temporarily or during the remainder of the session.
(2)A bill may be introduced by submission thereof to the Chief Clerk, and such bill shall, after it is assigned a bill number, be maintained in the office of the Chief Clerk. The provisions of this subsection shall not apply to a concurrent resolution enabling a joint session of the House of Representatives and the Senate at the commencement of the legislative session.
RULE 7
Bills, Copies for Introduction. — All House bills, memorials, resolutions and proclamations introduced shall have one printed copy which shall be endorsed with the word "Original." Additional copies of bills may be typewritten or printed as needed, and shall also be available through electronic means on the legislative website.
RULE 8
Bills, Endorsements of, Entered on the Journal. — Every bill before being introduced shall have endorsed thereon the title of the same, and every bill, joint resolution, joint memorial or concurrent resolution shall have thereon the name or names of the members introducing it, and when introduced by the committee, the name of such committee shall be endorsed thereon. The number, author and title of all bills, joint resolutions, joint memorials and concurrent resolutions, shall be entered on the Journal.
RULE 9
Amendatory Bills. — All bills introduced which are intended to amend existing statutes, shall have the words, letters, figures, and punctuation which are added to such statute underscored; when the amendment is to strike out or repeal any part of an existing statute, the letter, figure, word, and punctuation shall be printed with a line through such letter, figure, word, and punctuation in the printed bill to indicate the part stricken or repealed. Provided, however, that when a bill includes, or consists of, the repeal of an entire section or chapter, it shall not be necessary to print such repealed section or chapter.
RULE 10
Reference of Bills. — (1) All House bills, memorials and resolutions shall upon their introduction and first reading, be ordered printed by the Judiciary, Rules and Administration Committee. Except for any bill submitted to the Chief Clerk pursuant to Rule 6(2), when reported printed by the Chief Clerk, the Speaker shall refer the instrument to a standing committee, or shall order the instrument filed for second reading. All Senate bills, memorials and resolutions shall be referred directly by the Speaker to a standing committee or to the second reading calendar.
(2) If a bill, memorial or resolution is reported by the standing committee to which it has been referred without amendment, it shall be placed upon the second reading calendar, but if such committee report a bill, memorial or resolution with amendments, the same with the amendments shall be placed upon the general orders calendar for consideration by the Committee of the Whole House.
RULE 11
Bills, Manner of Passing. — No law shall be passed except by bill, nor shall any bill be put upon its final passage, until the same, with the amendments thereto, shall have been printed for the use of the members; nor shall any bill become a law unless the same shall have been read on three several days in each house previous to the final vote thereon; provided, in case of urgency, two-thirds of the membership of the House where such a bill may be pending may, upon a vote of the ayes and nays, dispense with this provision. On the final passage of all bills they shall be read at length, section by section, and the vote shall be by yeas and nays upon each bill separately, and shall be entered upon the Journal; and no bill shall become a law without the concurrence of a majority of the members present.
RULE 12
Petitions, Memorials, Etc. — Petitions, memorials, and other papers addressed to the House shall be presented by the Speaker.
RULE 13
Memorials and Resolutions. — House memorials and resolutions shall be acted upon in the same manner as bills; provided, however, that on final passage, joint resolutions must have the approval of two-thirds of the entire membership of the House.
RULE 14
Withdrawal of Bills and Joint Resolutions. — When a bill or joint resolution is asked by a member of the House to be withdrawn it shall be stated the number, the author, and in a few words the reason for withdrawing and only by unanimous consent or a two-thirds vote of the members of the House present shall it be granted.
RULE 15
Bills Changed by Senate. — Any House bill which is amended and passed by the Senate must go through the same procedure as to reading and final vote as if it were an original bill, after the House has concurred in the Senate amendments.
RULE 16
Senate Bills. — A similar code of procedure shall be observed with bills which have originated in and passed the Senate as with bills originated in the House, except they shall not be printed.
RULE 17
Call for Bills or Memorials or Resolutions. — When any bill, memorial or resolution has been in the hands of any committee for five days, any member of the House may, at the fifth or seventh order of business, upon the floor of the House, call for the same; whereupon it shall be the duty of said committee to report said bill, memorial or resolution to the House under the order of business of committee reports, not later than the following morning session. The House may, however, upon motion approved by a majority of the members present, grant said committee further time; provided, that after the thirtieth day of the session any bill, memorial or resolution must be reported forthwith out of the committee to which it has been referred, with or without recommendations, upon the request of any member, unless otherwise ordered by the House by a vote of a majority of the members present.
RULE 18
Call of the House. — One-third of the members present may order a call of the House in the following manner:
A call being moved and seconded, the Speaker shall require those desiring a call to rise, and if one-third of the members present shall rise, there shall be a call of the House. A call of the House being ordered, the Sergeant at Arms shall close and lock the doors and no member shall be allowed to leave the Chamber. The Speaker shall immediately cause the roll of the members to be taken and note the absentees whose names shall be read and entered upon the Journal in such manner as to show who are absent with leave and who are absent without leave, and the Sergeant at Arms shall proceed to bring in such absentees; but arrest of members of absence shall not be made unless ordered by a majority of members present.
While the House is under call, no business shall be transacted except to receive and act on the report of the Sergeant at Arms, and no other motion shall be in order except a motion to suspend further proceedings under the call or to excuse absentees, which motion shall be determined by ayes and nays; and the motion to suspend further proceedings under the call or to excuse members shall not be adopted unless a majority of the entire membership vote in favor thereof.
When the Sergeant at Arms will make a report showing that all who were absent without leave are present, the call of the House may be dispensed with or the House may proceed under the call on a majority vote of the entire membership, with its regular business.
No motion for call of the House shall be entered after the House has commenced voting by ayes and nays.
The form of warrant for the arrest of absent members shall be as follows:
_______ Session
IDAHO LEGISLATURE
In the House of Representatives
To the Sergeant at Arms or his Deputies:
WHEREAS, The House of Representatives has adopted the following order: That the Sergeant at Arms take into custody and bring to the bar of the House such of its members as are found absent without leave of the House; and
WHEREAS, The following named members of the House are absent without leave, to-wit:
(Names of Members)
Now, Therefore, I _____________, Speaker of the __________________ Session of the House of Representatives of the Idaho State Legislature, by virtue of the power vested in me by the House, hereby command you to execute the said order of the House, by taking into custody and bringing to the bar of the House said above named members who are absent without leave; hereof fail not, and make due return in what manner you executed the same.
In Witness Whereof, I have hereunto set my hand this ____ day of _____, 20___.
______________________
Speaker
Attest:
______________________
Chief Clerk
RULE 19
Clerk Not to Be Annoyed. — No member or any person shall remain by the Clerk’s desk when the ayes and nays are being polled.
RULE 20
Chief Clerk. — (1) Custodian of Papers. — Neither the Chief Clerk nor his assistant shall permit any records or papers belonging to the House to be taken out of their custody otherwise than in the regular course of business, and doing so, shall be subject to reprimand by the Speaker; and such further penalty as the House may impose. The Chief Clerk shall report any missing papers to the Speaker; shall have general supervision of all clerical duties appertaining to the business of the House; shall perform under the direction of the Speaker, all duties pertaining to the business of his office.
(2) The Chief Clerk shall be an ex officio member of the Journal, Enrollment, Engrossment, and Joint Printing Committees.
RULE 21
Calendar. — (1) The Speaker shall cause the Clerk of the House to make a list of all bills, memorials, resolutions, reports of committees and other proceedings of the House, which are committed to a Committee of the Whole House for amendment, and which are not made the order of the day for any particular day. Such list shall be called the "General Orders of the Day," and items on the General Orders Calendar shall be taken up in the order in which they are committed, unless otherwise ordered by the House by majority vote of the members present.
(2) The Speaker shall cause the Clerk of the House to make a list of all bills, memorials and resolutions which may be on second reading, entering them in order in which they are placed upon their second reading, unless the House shall otherwise direct by majority vote of the members present, which list shall be called the "Second Reading Calendar."
(3) The Speaker shall cause the Clerk of the House to make a list of all bills, memorials and resolutions which may be on third reading, entering them in order in which they are placed upon their third reading, unless the House shall otherwise direct by majority vote of the members present, which list shall be called the "Third Reading Calendar."
(4) The Clerk shall keep a book showing the situation and progress of bills, memorials, and resolutions.
RULE 22
Standing Committees. — Standing Committees shall be appointed by the Speaker. The number of members on each committee shall be fixed in the order of appointment, and such order shall be read into the journal. The standing committees are:
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Agricultural Affairs
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Appropriations
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Business
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Education
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Environment, Energy, and Technology
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Health and Welfare
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Commerce and Human Resources
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Judiciary, Rules and Administration
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Local Government
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Resources and Conservation
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Revenue and Taxation
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State Affairs
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Transportation and Defense
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Ways and Means
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RULE 23
Standing Committees, Meetings. — No meetings of any standing or select committee shall be held at the time the House is in session, except by permission of the Speaker.
RULE 24
Committee Meetings, Notice of. — The chairman of each standing or select committee shall lay on the Clerk’s desk, to be read previous to adjournment, notice of the time and place of meeting of such committee.
RULE 25
Chairman of the Committee. — The first-named member of each committee shall be the chairman, and in his absence, or having been excused by the House, the next-named member and so on, as often as the case may happen, shall act as chairman.
RULE 26
Committee Meetings to be Open, Executive Sessions Limited, Disruption of Meetings. — (1) All regular meetings of any standing, special or select committee of the House of Representatives shall be open to the public at all times. Any person may attend any meeting of any standing or select or special committee, but may participate in said committee only with the approval of the committee itself.
(2) Executive sessions of a standing, special or select committee of the House of Representatives shall be limited and undertaken only when necessitated by extraordinary circumstances as provided in this rule. Except in an emergency involving security or threats against state citizens, resources or facilities, an executive session may be considered by a committee only after the committee has given public notice at least twenty-four hours in advance of the meeting that the committee will have before it a request to meet in executive session, has listed the person(s) or agency that has requested the executive session, and has described the reason(s) for which an executive session has been requested. Only after the committee chairman has identified the reason(s) for holding the executive session and only upon a two-thirds vote recorded in the minutes of the meeting of the committee, shall a committee be allowed to hold an executive session during any meeting, at which time persons who are not members of the legislature may be excluded. Executive sessions shall be held only when and to the extent necessary to: discuss records that are exempt from public disclosure by statute, court decision or court rule; consider pending litigation, mediation or arbitration; consider personnel decisions involving a legislative employee; conduct a preliminary investigation of an ethics complaint against a member under Rule 45; consider charges brought against or the discipline or dismissal of a member when public disclosure would harm an innocent third party; discuss the security of or threats against state citizens, resources or facilities; or discuss acquiring an interest in real property which is not owned by a public agency. Under no circumstances, however, shall an executive session be authorized or held for the purpose of taking any final action or making any final decision, and during such executive session, no votes or official action may be taken.
(3) Nothing in this rule shall prohibit the removal of any person who willfully disrupts a meeting to the extent that orderly conduct is seriously compromised.
RULE 27
Reports of Committees. — In case all the members of any committee are required or entitled to report on any subject referred to them, and cannot agree upon any report, the majority and minority may each make a special report, and any member dissenting in whole or in part from the reasoning and conclusions of both majority and minority may also present to the House a statement of his reasonings and conclusions, and all reports, if decorous in language and respectful to the House, shall be entered at length on the Journal.
RULE 28
Appointment — Powers and Duties of Subcommittees. — (1) Any committee of the House of Representatives, except the committee of the whole, may appoint a subcommittee. The subcommittee can make such investigation or exercise such authority of the committee as delegated to it by the committee. The subcommittee shall report to the committee from which it was appointed and not to the House. A subcommittee may consist only of members of the committee from which appointed. A subcommittee shall issue a report within twenty-eight calendar days after being appointed by the committee unless the subcommittee requests additional time to meet and confer and the committee grants that request.
(2) In cases or with legislation demanding special investigation or inquiry, it is proper for a committee to appoint subcommittees, referring certain matters to their particular consideration, and to receive and consider the reports of subcommittees. All subcommittee meetings shall be held in conformity with state law.
(3) At the request of any member of the committee, a subcommittee shall have membership from the minority parties in proportion to the minority parties’ representation in the House.
RULE 29
General Orders — Consideration of. — When the House has arrived at the general order of the day, it shall resolve itself into a Committee of the Whole House, and shall consider, act upon, or pass all matters referred to it in the order of their reference, unless the committee shall sooner rise.
RULE 30
Chairman of the Committee of the Whole House. — In forming the Committee of the Whole House the Speaker shall appoint a chairman to preside.
RULE 31
Committee of the Whole House — Procedure in. — (1) Bills committed to the Committee of the Whole House shall not be read and there shall be no general debate unless a motion to allow general debate is approved by members of the Committee of the Whole House. The mover of an amendment shall be allowed five minutes to explain the amendment and debate in favor thereof. The mover may yield all or any portion of his time to other members for debate in favor of the amendment. Thereafter, five minutes shall be allowed for debate in opposition to the amendment. Time consumed by questions and answers shall not be deducted from the five minutes allotted to each side for debate. The mover of the amendment shall have the privilege of closing debate on the amendment. Closing debate shall be limited to two minutes. No amendment shall be withdrawn by the mover thereof unless by majority consent of the Committee. Each proposed amendment shall be in writing, shall be reported to the House by the Chairman and shall contain, either on the face of the amendment, or on a sheet attached to the front page thereof, the following:
(a) A concise statement of purpose.
(b) Names of the mover and the seconder in the upper right hand corner.
No amendment shall be considered by the Committee of the Whole House until written copies thereof with the above information included, have been delivered to each member of the House.
(2) The simple motion that the committee shall rise shall always be in order, except when a member has the floor, and shall be decided, by a majority vote of the members present, without debate.
(3) The motion to strike out the enacting clause shall not be made until after the first section or clause of the bill has been read for amendment, and is debatable five minutes on either side.
(4) All business of the House and Committee of the Whole House shall be transacted openly.
RULE 32
Filling Blanks. — All questions, whether in committee or in the House, shall be put in the order they were moved, except in case of privileged questions, and in filling of blanks, when the largest sum and longest time shall be put first.
RULE 33
Rules of House Apply in Committee of the Whole House, Exception. — The rules of the House shall be observed in Committee of the Whole House, so far as the same may be applicable, except that the ayes and nays shall not be called, nor the previous question enforced. The Committee of the Whole House shall not consider any appeal from a decision of its Chairman, but in case a member is dissatisfied with any such decision, the committee shall at once rise and report the question to the House for determination, when the Speaker shall rule upon the point, subject to appeal to the House as in other cases.
RULE 34
Contest of Election — Procedures. This Rule governs procedures leading up to and including a hearing on the contest of election. It should be read in conjunction with Chapter 21, Title 34, Idaho Code. For purposes of this Rule, the term "Party" means either the CONTESTEE or the CONTESTOR; the term "Parties" means both.
(1) Any proof of the CONTESTEE’s or CONTESTOR’s legal arguments, including depositions, affidavits, production of papers, and examination of poll books and ballots (herein "Record") that either CONTESTEE or CONTESTOR desires the House of Representatives to consider in adjudication of a Contest must be completed on or before December 29. CONTESTEE and CONTESTOR’s Record must be delivered to the Office of the Secretary of State no later than the close of business on the next business day. Any Record or evidence from the CONTESTEE or CONTESTOR not delivered to the Office of the Secretary of State by that day and time will not be considered by the House of Representatives.
(2) The Parties must file a Memorandum that outlines their claims, defenses, legal authority, legislative precedent, proposed form of relief, and a description of witness fees and discovery costs that are incurred. The Memorandum must be filed with the Office of the Secretary of State no later than the close of business four (4) business days following delivery of the Record to the Office of the Secretary of State as provided in paragraph (1). However, CONTESTEE is not required to file a responsive pleading to the Contest.
(3) Any Party may file a Responsive Memorandum. If a Party chooses to file a Responsive Memorandum, it must be filed with the Office of the Secretary of State no later than the close of business on the first day of the next Regular Session.
(4) If an unresolved discovery or Record dispute exists and continues between the CONTESTEE and the CONTESTOR, and on motion duly made, the presiding officer or his designee may rule on the dispute. Neither the CONTESTEE nor the CONTESTOR will be granted any additional time beyond December 29 to develop or deliver his Record.
(5) Committee hearing procedures. If the House of Representatives refers the Contest of Election to a Standing or Special Committee, the Committee Chairman will notify the Parties of the Committee hearing procedures. The following procedures, subject to the discretion of the Committee Chairman, will govern the hearing:
(a) No additional testimony or Record may be presented, taken, or allowed by the Parties beyond the Record delivered to the Office of the Secretary of State as provided in paragraph (1) of this Rule.
(b) Neither CONTESTEE nor CONTESTOR may examine or cross-examine any witness that testifies before the Committee. All examination will be performed by Committee members.
(c) Pursuant to Section 34-2104, Idaho Code, only the named points in the Notice of Contest of Elections may be argued.
(d) The Committee may send for and receive persons, papers, and records, whether written or oral, including from the Office of the Attorney General, other State Elected Officers, State officials, County Elected Officers, County officials, or other witnesses that the Committee determines will reasonably assist the Committee in the performance of its constitutional duty as a "judge of the election, qualifications and returns of its own members," Section 9, Article III, Idaho Constitution.
(e) In all other respects, the Committee will be governed by the rules of the House of Representatives.
(6) The Committee may adopt any of the following as part of the hearing procedures:
(a) Permit the Parties to have counsel present at Committee meeting(s); and
(b) Establish a time limit for the CONTESTEE and CONTESTOR to argue their positions to the Committee.
(7) Neither CONTESTEE nor CONTESTOR, nor their counsel, may participate in ex parte communication with any member of the Idaho House of Representatives regarding the merits of the Contest of Election prior to final House of Representatives determination.
(8) Service of all Record, Memorandum, Responsive Memorandum, motions, or objections must be made on the other Party as provided in Idaho Rules of Civil Procedure 5(b), excepting subpart 5(b)(2)(D). The Parties must also provide a proof of service as provided by Idaho Rules of Civil Procedure 5(e). The Parties must work in good faith to ensure reasonable and timely service, considering the limited time periods.
(9) Nothing in this Rule limits or restricts the House of Representatives in the performance of its duties as the judge of the election, qualifications and returns of its members.
RULE 35
Opening Hour. — The hour of the daily meeting of the House shall be 11:00 o’clock in the forenoon, unless the House directs otherwise.
RULE 36
Call to Order. — The Speaker shall take the Chair at the time to which the House stands adjourned, and after the call to order, the roll of members shall be taken and the names of absentees entered on the Journal of the House, after which there shall be prayer by the Chaplain.
RULE 37
Seating. — Upon the organization of the House of Representatives and the adoption of temporary rules, the House shall be declared "at ease," and the members shall retire to the sides of the House and proceed to select their seats in the following manner:
(1) The Majority and Assistant Majority Leader, Minority and Assistant Minority Leader, the Majority Caucus Chairman and the Minority Caucus Chairman shall first select their seats.
(2) Such members of the House as may have a physical impairment that requires an accommodation shall next select their seats.
(3) Former members of the House shall next select their seats, with priority determined on the basis of the total number of terms served in the House. Those with consecutive terms immediately prior to the present session shall have priority over those with the same or a greater number of nonconsecutive terms, and of those not having served immediately prior to the present session. In the event two or more Representatives, not having served a term immediately prior to the present session, shall have served an equal number of past terms, service in the Senate shall be computed to determine priority as between them.
(4) Former members of the Senate shall next select their seats, and those having served the greatest number of terms in the Senate shall have priority.
(5) The names of all remaining members shall be placed in a hat by the Chief Clerk, the names drawn by him, and as each member selects his seat, he shall proceed to the seat selected by him and remain therein until the business of selecting seats shall be completed.
(6) In all cases in which two or more Representatives have the same priority, the order of seating shall be determined by lottery as provided in subsection (5) above.
(7) The seating arrangements set forth in the preceding paragraphs shall be subject to the provision that the members of each party shall be seated as nearly as possible in adjacent seats, and in the event one party has a majority which requires seating of its members on the side of the chamber occupied by the members of the minority party, such majority party shall have the right to select as many seats as are necessary to accommodate its membership on the side closest to the regular seats of the majority party, subject only to Paragraph 1 of this Rule, and the minority party shall be required to make such seats available to the members of the majority party.
RULE 38
Debate, Right to Open and Close. — When two or more members shall rise at once, the Chair shall designate the member who is first to speak, but in all cases the member making the motion or sponsoring the bill or the chairman of the committee making the report which is under consideration, shall have the privilege of opening and closing the debate thereon. During closing debate no new material shall be interjected that was not referred to during previous debate. No member shall conclude debate with a nondebatable motion. After the closing debater has been recognized, no other member shall obtain the floor for any purpose other than to ask for a roll call vote.
RULE 39
Limitation on Debate. — No member shall speak more than twice on the same subject, nor shall any member occupy the floor longer than one hour at a time, without leave of the House by majority vote of the members present; nor shall any member speak more than once until every member choosing to speak on the subject shall have spoken.
Debate shall be limited to the question before the House. Discussion of other bills or resolutions pending, or in committee in either the House or Senate shall be prohibited except upon majority consent of the House. Reference to committee action on a question under debate is permitted but restricted to testimony given before the committee and the final vote of the committee. Reference to statements made by members in committee is prohibited except with permission of the member being quoted and only if the member being quoted is previously tendered a copy of the reference statement.
RULE 40
Session Decorum. — (1) Smoking and the consumption of food and beverage will not be allowed in the Representative Chamber or gallery while the House is in Session.
(2) Persons in the Chamber shall wear proper attire to maintain decorum of the House.
RULE 41
Courtesy. — When the Speaker is putting the question no member shall walk out or across the hall, nor leave during the roll call; nor when a member is speaking shall any person entertain any private discourse or pass between him and the Chair; nor shall a member, at any time during the time the House is in session, pass between the members of the House and the Speaker’s Chair.
RULE 42
Floor, to Obtain. — Every member desiring to state or second a motion, or to address the House, shall rise from his seat and respectfully address the Chair, and remain standing in his place before proceeding to speak until he is recognized by the Chair.
RULE 43
Question of Order. — A member called to order shall immediately sit down, unless permitted to explain, and the House, if appealed to, shall decide the case. If there be no appeal, the decision of the Chair shall prevail. On an appeal no member shall speak more than twice without leave of the House, nor more than ten minutes at a time. When a member is called to order for offensive language there shall be no debate.
RULE 44
Adjournment, Decorum at. — When the House adjourns, the members shall keep their seats until the Speaker announces the adjournment.
RULE 45
Committee on Ethics and House Policy. — (1)(a) Within twelve days of the convening of the first regular session of each Legislature, an Ethics and House Policy Committee shall be organized and its membership shall be determined. The Ethics and House Policy Committee shall consist of five members of the House, three of whom shall be selected by members of the majority party and two of whom shall be selected by members of the minority party. Committee members must have served at least one full term in the Legislature and may have served previously on the committee. House members who have been sanctioned by the House for an ethics violation pursuant to this rule or who hold leadership positions shall not serve on the Ethics and House Policy Committee. Committee Chairmen may serve on the Ethics and House Policy Committee.
(b) Each party shall select a first and second committee alternate for its respective party, ranked according to the number of votes each alternate received. In the event of a tie, the ranking shall be determined by a coin toss. The committee alternates shall sit and have voting rights when the committee is sitting to review House policy. When the committee is sitting to consider an ethics matter, the committee alternates shall serve only in the event of a vacancy, for the duration of the vacancy, as provided in paragraph (c) of this subsection.
(c) A vacancy on the committee shall be filled by the first, followed by the second, alternate for the respective party for the duration of the vacancy. When no alternates are available to fill a vacancy, such vacancy shall be filled by majority vote of the House members of the party entitled to fill the vacancy. A member filling a permanent vacancy shall serve for the remainder of the unexpired term. If a complaint concerns misconduct of a member of the Ethics and House Policy Committee, that member shall not serve on the committee for any purpose relating to such complaint.
(d) The committee shall elect one of the majority party members of the committee as chairman of the committee by a four-fifths majority vote. Alternates shall not be entitled to vote for chairman or to serve as chairman unless filling a vacancy.
(2)(a) The chairman of the Ethics and House Policy Committee shall receive complaints from any member of the House and shall be solely responsible for the security and retention of all committee records relating to a complaint, which shall be maintained in a locked box in the office of the chief clerk for the duration of the respondent’s service in the Idaho Legislature, regardless of the ultimate disposition of the complaint.
(b) A complaint shall be in writing and contain one or more allegations that may constitute:
(i) Conduct unbecoming a Representative which is detrimental to the integrity of the House as a legislative body;
(ii) Disclosure of information that is confidential as provided in House rules;
(iii) Conduct constituting a felony under any state law, or which violates any state law relating to the use of public office for private pecuniary gain;
(iv) A violation of any state law or House rule relating to conflicts of interest involving legislative duties; or
(v) A violation of any state law or House rule that brings discredit to the House of Representatives or that constitutes a breach of public trust.
(c) The complaint shall be specific and provide:
(i) The name of the member of the House of Representatives alleged to be in violation (the "respondent");
(ii) Identification of any third parties involved;
(iii) Reference to the House rule and/or applicable state law supporting the alleged violation;
(iv) A description of the facts and circumstances supporting each alleged violation; and
(v) The evidence the complainant has at the time of making the complaint supporting the facts and violation alleged in the complaint.
(3) The committee may, in its discretion and upon an affirmative vote by four-fifths of the committee, resolve and dismiss a complaint at any time. It shall maintain a confidential record of the committee review and dismissal of the complaint, as provided in subsection (2)(a) of this rule. The dismissal may be in the form of a letter to the respondent and the complainant, in that order.
(4) Subject to the provisions of this rule, the committee shall conduct a preliminary investigation of the complaint, beginning with an initial review, as follows:
(a) The committee shall conduct an initial review of the written complaint and, by a four-fifths vote, shall dismiss any ethics complaint that:
(i) Lacks sufficient evidence of conduct described by subsection (2)(b) of this rule;
(ii) Does not comply with subsection (2)(c) of this rule; or
(iii) Alleges violations that occurred either before the accused member was first elected to the House of Representatives or for which an applicable statute of limitation has run.
(b) If a complaint is not dismissed pursuant to paragraph (a) of this subsection following the initial review, the committee shall notify the respondent and shall provide the respondent with a copy of the complaint and all evidence submitted supporting the complaint.
(c) During the initial review and preliminary investigation phase of the process, all proceedings shall be held in executive session and all information regarding the complaint shall remain confidential.
(d) The respondent may submit a written answer to the chairman of the committee no later than fourteen days following the date that the copy of the complaint was provided to the respondent.
(e) Following receipt of the answer from the respondent, or if no answer to the complaint is provided to the chairman within fourteen days, the committee shall meet and continue the preliminary investigation of the complaint.
(f) Following consideration of the evidence presented, if a complaint is not resolved and dismissed pursuant to this rule, the committee may determine, by a four-fifths vote, that the evidence substantiates the alleged facts such that probable cause exists that misconduct may have occurred. At such time, the committee shall notify the respondent, followed by the complainant, that the committee will proceed to a public hearing. The committee shall, within seventy-two hours following such notification, redact the names and other personal identifying information of third parties, when deemed appropriate, from copies of the complaint and response, including any evidence attached to each, redacted as necessary, and such renditions of the written complaint and response shall no longer be confidential but shall become public documents. After such time, the chairman shall notify the body that a public hearing shall be held. The complainant and the respondent are entitled to unredacted copies of the complaint and response and all of the evidence in support of each, which must be held confidential by the complainant and respondent and their representatives.
(5)(a) Following a finding of probable cause and in a timely fashion, the committee shall conduct a public hearing before which the respondent shall be entitled to appear, present evidence, cross-examine witnesses, and be represented by counsel. The complainant or authorized agent of the complainant shall first present the complaint and supporting evidence and testimony to the committee. The committee shall have the power to take testimony under oath and to issue subpoenas and subpoenas duces tecum in the manner provided in Section 67-407, Idaho Code, and make inquiry and discover evidence relevant to the allegation. Formal rules of evidence are not applicable; however, evidence shall be weighed according to its reliability, and the respondent may raise objection to any evidence. The respondent may defer presentation of any defense until all of the evidence has been presented in support of the complaint.
(b) The committee may take appropriate measures to protect the identity and privacy of third party witnesses who testify at the public hearing.
(c) If evidence previously unknown to the respondent is presented during the public hearing, the committee chairman may, at the request of the respondent, recess the hearing while the respondent prepares a response.
(d) During the public hearing, the committee may deliberate in executive session.
(e) The committee may consult with and be assisted by the attorney general’s office or another attorney or other experts of their choosing.
(f) The respondent shall have access to an attorney or other representative for advice and consultation. The committee may also vote to provide the respondent with financial assistance to employ an attorney to represent the respondent in any proceeding under this rule.
(6) If, after investigation and hearings held pursuant to this rule, the committee finds by clear and convincing evidence that the respondent’s conduct alleged in the complaint did in fact occur and that such conduct constitutes a violation of one or more of the standards contained in subsection (2)(b) of this rule, the committee may recommend dismissal of the complaint, or reprimand, censure, or expulsion of the respondent. A reprimand shall carry no sanctions other than the reading of the reprimand into the Journal of the House of Representatives. Censure of a member may include conditions or restrictions placed upon the member, but may not have the effect of expulsion, such as terminating salary or benefits or denying a legislative district representation via floor votes. The committee recommendation must be approved by a four-fifths vote of the committee, except in the case of a recommendation for expulsion, which must be approved by a unanimous vote of the committee.
(7) The committee shall prepare a report listing the complaint that was filed, the committee findings in relation to the facts and evidence relevant to that complaint, the committee’s recommendation and the reasons for such recommendation. If the committee does not issue a recommendation within thirty days of the conclusion of the public hearing, the complaint shall be deemed dismissed.
(8) The House of Representatives shall vote on the recommendation of the committee, as set forth in the report, during the regular session of the Legislature in which the committee reports. If the committee meets and reports during the interim when the Legislature is not in session, then the House of Representatives shall vote on the committee recommendation during the next regular session of the Legislature. Expulsion of a House member shall require the affirmative vote of two-thirds of the members of the House, as provided by Section 11 of Article III of the Constitution. Reprimand or censure of a member shall require the affirmative vote of a majority of the members of the House. Action of the House pursuant to this rule is final and not subject to court review.
(9) All expenditures incurred pursuant to subsection (5) of this rule shall be approved by the Chairman and paid by vouchers and warrants drawn as provided by law from appropriations made to the Legislative Account.
(10) The committee may adopt rules of procedure for the orderly conduct of committee meetings, investigations and hearings, which rules shall be consistent with this rule and other applicable rules and statutes.
RULE 46
Journal, Name of Mover on. — In all cases where a bill, motion or resolution shall be entered upon the Journal of the House, the name of the member moving or the committee introducing the same shall be entered on the Journal.
RULE 47
Journal Committee. — The Committee on Judiciary, Rules and Administration shall examine and verify the Journal prior to its approval and certify the correctness thereof to the House.
RULE 48
Engrossed Bills. — All House bills, memorials or resolutions that have been amended by the House shall be referred to the Committee on Judiciary, Rules and Administration, and when properly engrossed shall be placed upon the calendar for first reading of engrossed bills, but shall not be again referred to a committee unless otherwise ordered by the House by a majority vote of the members present. The Committee on Judiciary, Rules and Administration may order the printing of the engrossed instrument in such numbers as necessary to provide copies for the use of the legislative session. No House bill, memorial or resolution shall be engrossed unless amended by the House. No Senate bill shall be engrossed by the House.
RULE 49
Engrossment Committee. — The Committee on Judiciary, Rules and Administration shall examine all bills after they are engrossed and report the same to the House, correctly engrossed.
RULE 50
Enrollment Committee. — The Committee on Judiciary, Rules and Administration shall examine all House bills, memorials and resolutions which have passed the two houses, and when reported correctly enrolled they shall be presented to the presiding officers of the House and Senate for their signatures, and when signed shall be referred to the Committee on Judiciary, Rules and Administration for delivery to the Governor or the Secretary of State, as the case may be, and the date of such delivery shall be reported to the House.
RULE 51
Motions, Submission of. — No motion requiring a second shall be debated or put unless the same be seconded. Each motion shall be stated by the Speaker before the debate, and any such motion or amendment shall be reduced to writing if the Speaker or any member desires it.
RULE 52
Precedence of Motions. — When a question is under debate no motion shall be received except:
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1.
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To fix time to which to adjourn,
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2.
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To adjourn,
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3.
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To recess,
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4.
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To raise a question or privilege,
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5.
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Call of the House,
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6.
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To lay on the table,
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7.
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For the previous question (close debate–2/3 vote of the members present),
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8.
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To postpone to a time certain,
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9.
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To commit or recommit,
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10.
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To amend (place on general orders),
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11.
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To postpone indefinitely,
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12.
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Main motion,
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which several motions shall have precedence in the order in which they stand arranged. To revert to or pass to a new order of business shall require a majority vote of the members present.
RULE 53
Undebatable Questions. — The following questions shall be decided without debate:
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To fix time to which to adjourn.
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To adjourn.
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To recess.
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Call of the House.
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To lay on the table.
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To suspend the rules.
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For the previous question.
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Extending or limiting debate.
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Withdrawing a motion.
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Taking up business out of its proper order.
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RULE 54
Division of Question. — (1) Any member may call for the division of a question if it comprehends propositions so distinct, that one or more being taken away, a substantive proposition shall remain; but no bill, resolution, memorial, or Senate amendment to any House bill or proposition shall be divisible. If a question be divided, each portion thereof shall be voted on separately, the same as if it had been offered alone.
Strike Out and Insert. — (2) A motion to strike out and insert shall not be divisible but motions to strike out or to insert shall not preclude a motion to amend or to strike out and insert. A motion to strike out and insert or to strike or to insert shall be considered an amendment of bills and joint resolutions and not permitted other than in the Committee of the Whole except as provided in Rule 3.
RULE 55
Previous Question. — Upon the previous question being ordered by a two-thirds majority of the members present, if a quorum, the effect shall be to cut off debate and bring the House to a direct vote upon the pending question. When the previous question is decided in the negative, it shall leave the main question under debate for the residue of the sitting, unless sooner disposed of.
RULE 56
Question of Order Undebatable. — All incidental questions of order arising after a motion is made for the previous question during the pending of such motion or after the House shall have determined that the main question shall be put, shall be decided, whether on appeal or otherwise, without debate.
RULE 57
Effects of Motions to Postpone Indefinitely and to Lay on the Table. — The adoption of a motion to postpone a question indefinitely shall suppress such question and the subject thereof during the whole of that session.
Once a matter has been laid on the table it may be taken therefrom only by a vote of two-thirds of the membership of the House.
RULE 58
Motions, Withdrawal of. — After a motion shall have been stated by the Speaker it shall be deemed to be in the possession of the House but may be withdrawn at any time by the consent of the House by majority vote of the members present before decision; but all resolutions and amendments and final motions shall be entered upon the Journal whether rejected or adopted.
RULE 59
Adjournment, Motion. — A motion to fix a time to which to adjourn or a motion to adjourn shall always be in order, except when a member is addressing the Chair or a vote is being taken, or when the House is under call as provided in Rule 18.
RULE 60
Order of Business. — After calling the House to order, the order of business for the day shall be as follows:
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1.
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Roll Call.
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2.
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Prayer by the Chaplain, followed by the Pledge of Allegiance.
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3.
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Approval of Journal.
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4.
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Consideration of messages from the Governor and the Senate.
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5.
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Report of standing committees.
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6.
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Report of select committees.
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7.
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Motions, memorials and resolutions.
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8.
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Introduction, first reading and reference of bills and joint resolutions.
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9.
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First reading of engrossed bills.
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10.
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Second reading of bills and joint resolutions.
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11.
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Third reading of bills and joint resolutions.
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12.
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Consideration of general orders.
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13.
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Miscellaneous and unfinished business.
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14.
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Presentation of petitions and communications.
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15.
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Announcements.
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16.
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Adjournment.
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RULE 61
House Chamber. — All use of the House Chamber is to be arranged through the office of the Speaker of the House of Representatives.
RULE 62
Attaches, Selection, Removal, Duties and Compensation. — The selection and compensation of the attaches to serve the House during each session shall be determined by the Speaker. All attaches shall serve at the pleasure of the Speaker. The Speaker shall prescribe the duties of all attaches and have general supervision of all attaches in the performance of their duties. Actions by the Speaker pursuant to this rule shall be taken after consultation with the majority and minority leadership.
RULE 63
House Chamber and Spaces, Regulation of — 1) Preserving Order. – The Speaker shall preserve order and decorum and decide questions of order, subject to an appeal to the House.
2) Supervision of Legislative areas – It is the duty of the Speaker to have general charge and supervision of the House floor, chamber, galleries, office spaces, committee rooms, adjoining and connecting hallways and passages; and to oversee decorum and preserve order therein.
RULE 64
Clearing Galleries. — In case of any disturbance or disorderly conduct in the lobby or gallery, the Speaker or the Chairman of the Committee of the Whole House shall have the power to order the same to be cleared.
RULE 65
Speaker Votes. — The Speaker shall vote upon all questions taken by ayes and nays, including appeals from his decisions. The Speaker shall have no power to cast a second vote to break a tie vote.
RULE 66
Public Records Requests. — The Speaker may authorize the Director of the Legislative Services Office to comply with public records requests on behalf of members of the House. The Director of the Legislative Services Office may coordinate or prepare responses to requests for public records on behalf of the House, its committees and its individual members. Responses will be in accordance with House rules and the Idaho Public Records Act. Upon notifying the Speaker, an individual member may individually respond to requests for his public records.
RULE 67
Distribution of Written or Printed Matter. — No written or printed matter shall be distributed to the Representatives directly, but shall be deposited in appropriate mail boxes set aside for them, except communications from any member or employee of the Legislature, committee of the Legislature, elected state official, or state department or agency may be delivered directly to the Representatives’ desks. No written or printed matter, except such as may be forwarded through the United States mail, shall be distributed to the Representatives under any circumstances unless it shows the name and address of the person or organization responsible for such distribution. Any person or organization desiring to distribute correspondence or written or printed matter to the Representatives or number of them at one time, shall first obtain the permission of the Sergeant at Arms or the Speaker of the House and such distribution shall be made under the supervision of the Sergeant at Arms.
RULE 68
Leave of Absence. — No member or officer of the House, unless from illness or other cause which makes him unable to be in attendance shall absent himself from the session of the House during the entire day without first having obtained leave of absence from the Speaker of the House; provided, however, that no regular or Special Committee of the House shall be absent for more than one day without authorization from the House. Such authorization shall be by affirmative action on a resolution approving absence.
No member or officer of the House shall be entitled to the unvouchered expense allowance while absent more than one day without leave.
RULE 69
Speaker of the House. — (1) Presiding Officer. The Speaker of the House shall serve as the presiding officer of the House of Representatives.
(2) Absence of Speaker. The Speaker may leave the Chair and appoint a member to preside, but not for a longer time than one legislative day, except with the approval of the House. In the event of the temporary absence of the Speaker without having made such an appointment, the House shall proceed to elect a Speaker pro tempore to act during his absence.
(3) Disability or Death of Speaker. In the event of the Speaker’s death, resignation, or inability to act during a legislative session, the House shall proceed to elect a new Speaker. In the event of the Speaker’s death, resignation, or inability to act between legislative sessions, the House Majority Leader (and in the event of his death, resignation, or inability to act as Speaker, the House Assistant Majority Leader) shall act as Speaker, with all of the duties, powers and prerogatives of the office, to serve until the next session of the Legislature, at which time a new Speaker shall be elected.
RULE 70
Admittance to Floor of House. — The following persons shall be admitted to the floor of the House of Representatives during sessions: legislators, elected state officials, former state legislators, legislative employees and representatives of the news media. In order to be admitted to the floor of the House, elected state officials, former state legislators, legislative employees and representatives of the news media shall be required to wear badges prepared by the Chief Clerk.
Any elected state official or former state legislator must be sponsored by a legislator in order to be admitted to the floor of the House. Any other guest of the House must be cleared through the Speaker of the House, or persons designated by the Speaker, and through the Sergeant at Arms, in order to be admitted to the floor of the House.
RULE 71
Control of Visitors to House Floor. — No person except those on official business of the House shall be allowed inside the House Chambers from 30 minutes prior to the convening of the House and until 10 minutes after the House is adjourned; or at any time when the House is in recess, except as provided in Rule 70. Provided, however, that no one lobbying for or against any measure shall be permitted on the floor of the House except by invitation of a member.
RULE 72
Recording, Filming or Transmission. — (a) The public may use audio or video recording devices or nonflash photography to record proceedings of the House of Representatives or committees thereof, provided that such does not interfere with or disturb the proceedings of those present. The determination of whether use of a recording device interferes with or disturbs the proceedings or those present rests with the presiding officer. Unless otherwise determined by the presiding officer or provided by this rule, recording of the House floor shall be from the gallery and recording of committee proceedings shall be from or behind the area for public seating.
(b) Media accredited as provided in Joint Rule 14 may sit, stand, unobtrusively move about or use tripods or monopods to record the proceedings as long as such recording is conducted in an orderly manner and does not impede the proceedings or disturb those in attendance. Unless otherwise allowed by the presiding officer, recording by accredited media shall be conducted from either side behind the podium and presenter area. The presiding officer may designate separate seating for accredited news media to use.
(c) Persons not accredited under Joint Rule 14 desiring to record the proceedings beyond that allowed under subsection (a) of this rule shall seek permission from the presiding officer before being granted the privileges associated with media under subsection (b) of this rule.
(d) Recording under this rule means audio, video or photographic recording and transmission of such recordings. The presiding officer may set additional limitations on recording as necessary in the discretion of the presiding officer to preserve the decorum of the business being conducted.
RULE 73
Reconsideration. — When a motion has been made and carried, or lost, it shall be in order for any member who voted on the prevailing side to give notice on the day the said motion was carried, or lost, during and at order of business then prevailing or at the first call of the next succeeding order of business that he may on the same or succeeding day move to reconsider such motion, and thereupon if the subject of such motion to reconsider affects a bill, memorial, or resolution, the same shall be held upon the Clerk’s desk until such motion to reconsider be disposed of. When such notice has been given, only such member giving said notice may on the same day make such motion to reconsider, or any member voting on the prevailing side may on the succeeding day, at the first call of the seventh order of business make said motion to reconsider, or it may not thereafter be heard; provided, that on and after the thirty-fifth day of the session and on the fifteenth day of any special session, the motion to reconsider may be made only on the same day the vote to be considered is taken, under the thirteenth order of business and may be made by any member voting on the prevailing side. Reconsideration shall be decided by a majority vote of the members present.
RULE 74
Rescind or Repeal. — A motion to rescind may be used to reverse a previous action after the time for reconsideration has passed. It may not be used in any case when an action has previously been reconsidered, or when vested rights have accrued or after a bill has passed the legislative body and has become law or when an act or resolution has been carried out.
The motion to rescind may be made by any member whether he voted with the prevailing side or not. The motion is debatable and opens the entire question to debate. A motion to rescind shall require a two-thirds majority of the members present to pass; except that, if the action which is proposed to be rescinded required a two-thirds majority of the total membership of the House, the motion to rescind shall require a two-thirds majority of the total membership of the House to pass.
RULE 75
Standard Rules. — The rules of parliamentary practice set forth in Mason’s Manual of Legislative Procedures shall govern the House in all cases to which they are applicable, and in which they are not inconsistent with the Standard Rules and Orders of the House and the Joint Rules and Orders of the Senate and House of Representatives.
RULE 76
Committee on Rules. — (A) It shall be the duty of the standing committee on Judiciary, Rules and Administration to report and recommend the adoption of any special rule when the business of the House seems to the committee to require it.
Committee on Ethics and House Policy. — (B) It shall be the duty of the standing committee on Ethics and House Policy to report and recommend to the House, for formal affirmation, current and proposed policies governing House members.
RULE 77
Adoption and Amendment of Rules. — Adoption of the rules of the House, whether temporary or permanent, will be by a majority vote of the entire membership of the House. No rules of the House, temporary or permanent, shall be suspended, altered, or amended without the concurrence of two-thirds of the entire membership of the House.
RULE 78
Veto — Procedure After Governor’s Action. When a bill has been vetoed by the Governor and his objections entered upon the Journal, the vetoed bill is before the House for reconsideration in accordance with Section 10, Article IV, Idaho Constitution; the question put forth by the Chair is, "Shall House Bill ____ pass, the Governor’s veto notwithstanding?" When the question of reconsideration has been stated, only the following motions shall be in order, in the order named:
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1.
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To adjourn.
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2.
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To recess.
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3.
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To lay on the table.
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4.
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To postpone to a time certain.
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5.
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To hold at the desk.
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RULE 79
Roll Call. — (a) The ayes and nays shall be ordered and recorded without request upon the final passage of bills, joint resolutions, motions or resolutions for the expenditure of public moneys, and for suspension of the reading of bills on three several days as provided in Rule 11. The ayes and nays shall not be ordered on other matters unless requested by three members.
(b) On third reading, the question shall be stated as follows: "The question is: Shall House (or Senate) Bill Number ________ pass?"
(c) If an electrical voting machine is used, the presiding officer shall use a warning device after stating the question and then state: "The Clerk will unlock the machine and members will record their vote." After a reasonable pause, the presiding officer will ask: "Has every member voted?" (Reasonable Pause) "Does any member wish to change his vote?" (Reasonable Pause) "The Clerk will lock the machine and record the vote."
(d) Any member may explain his vote after the vote is announced, and before the next item of business is taken up, but no member will be allowed to change his vote after the vote is announced by the chair.
(e) Whenever necessary for the purpose of interpreting these rules, aye shall be the same as "yes" and nay shall be the same as "no."
RULE 80
Members must Vote. — (1) Except as provided in subsection (3), every member present within the bar of the House shall vote on any question put, unless excused by the House by majority vote of the members present.
(2) When a member casts his vote, unless he is paired pursuant to Rule 81, he must be in his seat on the floor of the House and remain seated until the roll call is announced.
(3) A member has the right to vote upon all questions before the House and to participate in the business of the House and its committees and, in so doing, the member is presumed to act in good faith and in the public interest. If a member’s personal interest in the issue under consideration conflicts with the public’s interest, the member’s legislative activities can be subject to limitations, unless such conflicts are disclosed to the presiding officer or to the body. Upon disclosure of any such conflict, the member may vote upon any question or issue to which the conflict relates, unless the member requests to be excused.
RULE 81
Pairing on Roll Call. — (1) Pairing – Pairing shall be permitted upon the absence of one, both, or all pairing members for good cause shown, shall be in writing, shall specifically state the bill or proposition, upon which pairs are arranged, and shall be signed by all parties involved in the pair.
(2) Who may pair – Two members may pair upon a roll call vote to be determined by a simple majority. On any bill or proposition requiring a vote of two-thirds of the entire membership for adoption, a pair shall require three members, two affirmative and one negative. Pairs shall not be permitted on a veto override.
(3) Voting or debate while paired – If only one of a pair be absent, none of the others shall debate, ask or reply to inquiries or vote on the roll call for any measure.
(4) Broken pairs – Pairs shall be broken if all members of the pair are present in their seats or any member pairing debates, asks, or replies to inquiries or answers a roll call for the paired bill or proposition.
(5) Announcing and recording pairs – Each pair slip must be in the possession of the Chief Clerk before voting on any measure has begun. Each pair shall be announced by the Chief Clerk, after the completion of the roll call, from the completed pair slip furnished to the Chief Clerk. The pairs shall be recorded in the total vote and published in the Journal as a part of the proceedings.