JOINT RULE 1
These Joint Rules, upon adoption by both the Senate and House of Representatives, shall be the permanent Joint Rules of the Legislature.
These Joint Rules shall take precedence over special rules of either the Senate or House which may be in conflict therewith and may be amended only by the concurrence of two-thirds of the members voting of both houses.
JOINT RULE 2
Definitions. — As used in these Joint Rules, unless the context clearly requires otherwise, the following terms shall have the meanings hereinafter respectively ascribed to them.
Resolution. — This term denotes the adoption of a motion, the subject matter of which would not properly constitute a statute. EXAMPLES: An alteration of the rules, a vote of thanks, a vote of censure, etc.
Concurrent Resolution. — This term denotes a resolution that originates in one house of the legislature where it is passed and is then sent to the other house for passage. It is signed by the presiding officers of both houses.
Joint Resolution. — A joint resolution is a resolution passed by both houses of the legislature proposing an amendment to the Constitution of the State of Idaho.
Proclamation. — A proclamation is an instrument, the subject matter of which does not constitute a statute, which after being introduced in the proper committee shall be sent immediately to the floor for action without being referred back to committee. A proclamation may be passed by voice vote. If a proclamation is passed by the house of origin it shall be sent to the other house for passage where it shall be placed on the floor for action without being referred to a committee. An example of a proclamation shall include but not be limited to a vote of thanks, praise or honor for a special achievement, accomplishment, anniversary or birthday. For purposes of the calendars of the Senate and House of Representatives a proclamation shall be considered a petition.
Bill. — This term denotes the draft of a law or amendment thereto submitted to the legislature for its approval or rejection. Bills may be originated in either house and may be amended or rejected in the other, except that bills for raising revenue must originate in the House of Representatives and a bill originating in one house and amended in the other may not again be amended in the house of origin except pursuant to report of a conference committee.
The enacting clause of every bill must read "Be It Enacted by the Legislature of the State of Idaho." All bills must be signed by the presiding officers of the respective houses. Every act or joint resolution shall be plainly worded avoiding as far as practicable the use of technical terms.
Joint Memorial. — A petition or representation made by the House of Representatives and concurred in by the Senate, or vice versa, addressed to whoever can effectuate the request of the memorial.
Engrossed Bill. — An amended bill with the amendments correctly drafted and before the house of origin for further action.
Enrolled Bill. — A bill that has passed both houses and awaits only the signatures of the presiding officers thereof.
JOINT RULE 3
Report of Action Taken and Transmittal of Bills, Joint and Concurrent Resolutions and Memorials. — When final action shall have been taken on any bill, joint or concurrent resolution or memorial in the house in which it originates, it shall be transmitted to the other house on or before the first order of business of the receiving house on the next succeeding legislative day with an endorsement thereon by the Secretary or Chief Clerk, as the case may be, showing a complete record of all action taken thereon. When final action shall have been taken on any bill, joint or concurrent resolution which has been passed in one house, it shall be returned to the house in which it originated on or before the First Order of Business of the receiving house on the next succeeding legislative day with an endorsement thereon by the Secretary or Chief Clerk, as the case may be, showing a complete record of all action taken thereon.
JOINT RULE 4
Enrolling and Engrossing. — After a bill shall have passed both houses, it shall be enrolled by the enrolling clerk of the house from which it originated not later than 48 hours after the time of passage. All bills, memorials, and resolutions shall be engrossed only in the house in which they originated.
JOINT RULE 5
Procedure After Enrollment. — After being enrolled each bill shall be examined by the committee on enrolling of the house in which it originated, and after being reported, shall be signed first by the presiding officer of the house in which it originated, then by the presiding officer of the other house, and lastly be submitted to the governor for his consideration. All bills shall be so signed and delivered to the governor for his consideration within 72 hours after enrollment. The date and hour of submission of a bill to the governor shall be entered on the journal of the house in which it originated. There shall be endorsed on each bill, memorial, or resolution the certificate of the secretary or chief clerk, as the case may be, as to the house of its origin. The date and hour of passage in the respective houses shall also be shown.
JOINT RULE 6
Proclamations, Resolutions and Memorials. — Joint resolutions shall be treated in every respect as are bills except that they shall be passed only by 2/3 majority of the membership of each house.
Concurrent resolutions and memorials shall be printed as are bills and concurrent resolutions, proclamations and memorials shall also be printed in full in the journal of the house of origin and by number and author only in the journal of the other house. When passed in one house and transmitted to the other, they shall be accepted or rejected only and shall not be subject to amendment. Joint resolutions, concurrent resolutions and memorials shall, after being passed, be filed with the Secretary of State, rather than being submitted to the Governor for consideration.
A proclamation shall not be printed in the same manner as bills, resolutions or memorials but enough copies shall be reproduced so that each member of both houses shall be entitled to a copy and, if the proclamation is passed by both houses, copies shall be sent to the person, persons or entity being addressed by the proclamation. When a proclamation is passed in one house and transmitted to the other, it shall be accepted or rejected only and shall not be subject to amendment.
JOINT RULE 7
Messages from One House to Other. — When a message shall be sent by either house to the other, the same shall be reduced to writing and transmitted to the desk of the Secretary or Chief Clerk, as the case may be, by the person to whom such message or communication shall be taken up at the proper order of business as may be provided by the rules of the house to which said message is sent. Such messages shall be transmitted by the officers or employees provided by each house for such purpose or by such other person as the presiding officer may select.
JOINT RULE 8
Messages To Be Signed by Secretary or Chief Clerk. — Notice to either house of action by the other house shall be in writing and To Be signed by the Secretary or Chief Clerk, as the case may be, of the house from which such notice or message is conveyed.
JOINT RULE 9
Bill Passed by One House and Rejected by the Other May Not be Introduced in House of Origin. — When a bill or joint resolution (except in matters pertaining to revenue or finance) shall have been passed by one house, and rejected by the other, it cannot be again introduced in the house in which it originated during the term of the regular annual or special session in which originally introduced, but may be again introduced in a special session or in the next regular annual session.
JOINT RULE 10
Conference Committees. — When a bill or joint resolution passed by one house shall have been amended in the other, upon its return to the house of origin, that house may request that a conference committee be appointed to confer with a similar committee from the other house, which shall be appointed upon request directed to the presiding officer thereof. If both houses adhere to their disagreement after vote of the joint committees of conference, the bill or joint resolution shall be considered lost and report thereof made to the presiding officer of each house. If, by vote of the joint committees of conference, agreement can be reached on the amendments in controversy, the same shall be returned to the house wherein the bill or joint resolution was amended with the recommendation that it be further amended in accordance with the agreement of the committees of conference. Upon such further amendment, the bill shall be returned to the house of its origin for final action.
JOINT RULE 11
Chairman of Joint Committee. — The chairman of the Senate committee shall be chairman of all committees or meetings where committees of both houses sit jointly.
In absence of the chairman of the Senate committee, the chairman of the House committee shall act as chairman of the meeting.
JOINT RULE 12
Joint Sessions. — When the two houses meet in joint session, the Speaker of the House shall preside. Such sessions shall be held in the Chamber of the House of Representatives. The Secretary of the Senate and the Chief Clerk of the House shall be the clerks of such session and the record of the proceedings shall be entered on the journals of the respective houses. The Chief Clerk shall be the reading clerk of such session.
JOINT RULE 13
Duties of Sergeant-at-Arms. — It shall be the duty of the sergeant-at-arms to announce to the presiding officer of his house all committees sent to it by the other house. The sergeant-at-arms of the House shall be the sergeant-at-arms of all joint sessions.
JOINT RULE 14
Press Accreditation. — The Capitol Correspondents Association shall be recognized as the accrediting agency for newsmen and news photographers covering either house of this legislature.
JOINT RULE 15
Mistaken Transmittals. — In event any bill, resolution or memorial or other document shall, by mistake, have been transmitted from one house to the other, it shall, upon request of the presiding officer of the house from whence it came, be immediately returned thereto unless substantive action of amendment or vote shall have already been taken thereon. The request shall clearly outline the mistake requiring the request.
JOINT RULE 16
Hours Chambers Open. — The Chambers of the Senate and House of Representatives shall be open, during any regular or special session, hours to be determined by the Senate Pro Tempore and the Speaker of the House of Representatives. Chamber hours may be adjusted by the Senate Pro Tempore and Speaker of the House of Representatives as necessary during all other times of the year.
JOINT RULE 17
NUMBERING. — (a) All bills, joint resolutions, joint memorials and concurrent resolutions in the Senate and House of Representatives shall be numbered consecutively, commencing with numbers as follows:
Bills introduced in the Senate shall commence with the number 1001.
Bills introduced in the House shall commence with the number 1.
Senate joint resolutions, joint memorials and concurrent resolutions respectively, shall commence with the number 101.
House joint resolutions, joint memorials and concurrent resolutions, respectively, shall commence with the number 1.
(b) With the exception of extraordinary sessions, bills, resolutions and memorials shall be numbered consecutively from the first through the second regular sessions of the legislature. Bills, resolutions and memorials introduced during any extraordinary session shall be numbered without regard to the numbering system used in any regular session.
JOINT RULE 18
Statement of Purpose and Fiscal Notes — General Provisions. — No bill shall be introduced in either house unless it shall have attached thereto a concise statement of purpose and fiscal note. The contact person for the statement of purpose and fiscal note shall be identified on the document. Statements of purpose and fiscal notes may be combined in the same statement.
Statement of Purpose. — (a) The statement of purpose applies only to a bill as introduced, and does not necessarily reflect any amendment to the bill that may be adopted. All statements of purpose shall be reviewed for compliance with this rule by the committee to which the bill is assigned, excepting that any review is subject to Joint Rule 18(e).
Fiscal Notes. — (b) The fiscal note applies only to a bill as introduced, and does not necessarily reflect any amendment to the bill that may be adopted. The fiscal note shall reasonably contain the proponent’s full fiscal year projected increase or decrease in existing or future appropriations, and/or the increase or decrease in revenues by the state or unit(s) of local government. The bill’s proponent bears the responsibility to provide a reasonably accurate fiscal note. If the fiscal note states there is no projected fiscal impact, then the fiscal note must contain a statement of the reasons that no fiscal impact is projected. All fiscal notes shall be reviewed for compliance with this rule by the committee to which the bill is assigned, excepting that any compliance review is subject to Joint Rule 18(e). A member of the committee may challenge the sufficiency of a fiscal note at any time prior to the committee’s final action on the bill.
Debate. — (c) Any member of either house may debate the sufficiency of a statement of purpose or fiscal note at the time of consideration of the bill.
May be Revised. — (d) Either house may revise the statement of purpose or fiscal note at any time before that house’s final action on the bill; however, the revision to the statement of purpose or fiscal note is ministerial only and shall not be done by action of the house.
Not a Statement of Legislative Intent. — (e) Statements of purpose and fiscal notes are mere attachments to the bill and are not voted on. The statement of purpose and fiscal note are not expressions or statements of legislative intent, and are not intended for any use outside of the legislative process, including judicial review.
Notice to Others. — (f) Each statement of purpose and fiscal note shall contain this notice: "This statement of purpose and fiscal note are a mere attachment to this bill and prepared by a proponent of the bill. It is neither intended as an expression of legislative intent nor intended for any use outside of the legislative process, including judicial review (Joint Rule 18)."
JOINT RULE 19
Minutes of Standing Committee Meetings. — Minutes of standing committee meetings shall be prepared in summary fashion, in the discretion of the individual committee chair. Any tape recordings of committee meetings shall be made only for the purpose of assisting the committee secretary, and thereafter any such tapes shall be recycled at the discretion of the committee chair. Minutes of standing committee meetings shall include at least the following information:
All members of the governing body present;
All motions, resolutions, orders, or ordinances proposed and their disposition; and
The results of all votes, and upon the request of a member, the vote of each member by name.
JOINT RULE 20
Constitutional Amendments. — A Joint Resolution proposing an amendment to the Constitution of the State of Idaho must be introduced on or before the thirty-sixth day of the Regular Legislative Session and must be transmitted from the house of origin to the other house prior to the fifty-fifth day of the Regular Legislative Session; provided however, in the event the fifty-fifth day of the Regular Legislative Session falls on a Saturday or Sunday, such transmittal must be made on or prior to the fifty-seventh day of the Regular Legislative Session. The provisions of this rule may be waived by the presiding officer of either house upon presentment of a signed petition by the majority or minority leadership of the house. Requests for a proposed amendment to the Constitution of the State of Idaho shall be in the Office of Legislative Services for drafting at least seven calendar days prior to its intended introduction date.
JOINT RULE 21
Recording of Proceedings of the Chambers. — The proceedings of each house shall be recorded and live streamed by an authorized designee, provided that either house may suspend or end recording and/or live streaming of its proceedings upon a two-thirds vote of the chamber wherein the proceeding takes place. A statement made during floor or committee proceedings is indicative only of the individual speaker and is not an expression of legislative intent by the body as a whole. No recording shall substitute for the Journal of either house as required by Section 13, Article III of the Constitution of the State of Idaho. All recordings shall be maintained by the Director of Legislative Services or his designee. A copy of any recorded proceedings more than two years old will be provided to the state archivist. No member of the Legislature, its employees, or designees shall be permitted to certify or authenticate any recording made under this rule.
JOINT RULE 22
Contest of Election for Executive Offices — Procedures. This Rule governs procedures leading up to and including a hearing on the contest of election for executive offices. 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 Senate and 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 Senate and 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 Legislature refers the Contest of Election to a Committee, the Committee Chairmen will notify the Parties of the Committee hearing procedures. The following procedures, subject to the discretion of the Committee Chairmen, 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 legislature.
(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 Legislature regarding the merits of the Contest of Election prior to final 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 Legislature in the performance of its duties as the judge of the election.