States findings of the House of Representatives and repeals and replaces House Rule 45 to provide for an Ethics and House Policy Committee and amends House Rule 26 to remove a provision.

LEGISLATURE OF THE STATE OF IDAHO Sixty-eighth Legislature Second Regular Session - 2026 IN THE HOUSE OF REPRESENTATIVES HOUSE RESOLUTION NO. 27 BY WAYS AND MEANS COMMITTEE A HOUSE RESOLUTION1 STATING FINDINGS OF THE HOUSE OF REPRESENTATIVES AND REPEALING RULE 45 OF2 THE RULES OF THE HOUSE OF REPRESENTATIVES; STATING FINDINGS OF THE HOUSE3 OF REPRESENTATIVES AND PROVIDING FOR THE ADDITION OF A NEW RULE 45 TO4 THE RULES OF THE HOUSE OF REPRESENTATIVES; AND STATING FINDINGS OF THE5 HOUSE OF REPRESENTATIVES AND PROVIDING FOR THE AMENDMENT OF RULE 26 OF6 THE RULES OF THE HOUSE OF REPRESENTATIVES.7 Be It Resolved by the House of Representatives of the State of Idaho:8 WHEREAS, the House of Representatives deems it necessary and desirable9 to repeal Rule 45 of the Rules of the House of Representatives.10 NOW, THEREFORE, BE IT RESOLVED by the members of the House of Represen-11 tatives, assembled in the Second Regular Session of the Sixty-eighth Idaho12 Legislature, that Rule 45 of the Rules of the House of Representatives, be,13 and the same is hereby repealed.14 WHEREAS, the House of Representatives deems it necessary and desirable15 to add a new Rule 45 to the Rules of the House of Representatives.16 NOW, THEREFORE, BE IT RESOLVED by the members of the House of Represen-17 tatives, assembled in the Second Regular Session of the Sixty-eighth Idaho18 Legislature, that the Rules of the House of Representatives shall be amended19 by the addition thereto of a new Rule 45 to read as follows:20 RULE 4521 Ethics and House Policy Committee. -- (1) It is the policy of the Idaho22 House of Representatives that when addressing an ethics complaint, the busi-23 ness of the Ethics and House Policy Committee shall be considered an internal24 matter that is not open to the public and that is not subject to House Rules 2425 and 26. Further, to protect impartiality, the committee shall not be subject26 to House Rules 23 and 25.27 (2)(a) At the first regular caucus meeting after convening of the first28 regular session of each legislature, each caucus shall elect the Ethics29 and House Policy Committee members. The committee shall consist of five30 members of the House who shall be known as the sitting members. Of the31 sitting members, three shall be selected by members of the majority cau-32 cus and two shall be selected by members of the minority caucus.33 (b) Each caucus shall elect a first and second committee alternate for34 its respective caucus, ranked according to the number of votes each al-35 ternate received. An alternate shall not be considered a sitting mem-36 ber.37 (c) Committee members shall have served at least one full term in the38 Legislature. Ethics and House Policy Committee members shall not have39 been previously sanctioned by the House for an ethics violation pur-40 suant to any House ethics rule.41

2 (d) A complaint against a sitting member shall result in an immediate1 vacancy of such member's position on the committee, and the committee2 shall investigate such complaint. If the committee's investigation re-3 sults in no action, the sitting member shall be reinstated unless other-4 wise determined by the committee.5 (e) A vacancy on the committee shall be filled by the first alternate6 for the respective caucus for the duration of the vacancy. A second va-7 cancy on the committee shall be filled by the second alternate for the8 respective caucus for the duration of the vacancy.9 (3) The committee may establish rules of governance. The committee10 chair shall be elected by the committee.11 (4)(a) An ethics complaint must be submitted in writing by any current12 member of the House and must be signed by the complaining member. If the13 substance of an ethics complaint is made without personal knowledge of14 the facts, the complaint must include a statement that the complainant15 believes the truth of the accusation together with facts supporting16 such belief. Failure to meet this criteria may result in dismissal of17 the complaint. A false accusation may result in an investigation by the18 committee.19 (b) A complainant shall confidentially deliver a copy of the complaint20 to the committee chair and one minority sitting member. The chair shall21 then confidentially notify the remaining sitting members that a meeting22 will be held.23 (c) If the committee determines that the complaint meets the criteria24 set out in paragraph (a) of this subsection, the committee shall provide25 the respondent with a copy of the complaint and all evidence submitted26 supporting the complaint.27 (d) The respondent may submit a written answer to the chair of the com-28 mittee no later than five days after receipt of the complaint. Such an-29 swer, if provided, shall be presented to the committee. Upon the expi-30 ration of the five-day period a hearing may be called.31 (e) All information regarding any committee work shall not be subject32 to a public records request and shall remain confidential unless the33 committee determines otherwise by unanimous vote. Failure to maintain34 confidentiality may result in an investigation by the committee.35 (5)(a) The committee may dismiss a complaint at any time in its discre-36 tion upon an affirmative vote of four-fifths of the committee.37 (b) If a complaint is dismissed, the chair shall notify the complainant38 and respondent in writing of the dismissal and the basis of such dis-39 missal.40 (6) If the committee determines that disciplinary action must be rec-41 ommended to the body, the committee shall prepare a report listing the sub-42 stance of the complaint that was filed, the committee findings in relation to43 the facts and evidence relevant to that complaint, the committee's recommen-44 dation, and the reasons for such recommendation.45 (7) The chair shall be responsible for safekeeping all committee46 records relating to a complaint, and such records shall be maintained in a47 locked box in the office of the chief clerk for the duration of the respon-48 dent's service in the Legislature. There must be one majority member and49 one minority member present at all times to open and examine the records.50

3 Regardless of the ultimate disposition of the complaint or whether a report1 has been submitted to the body, the committee may, by majority vote, remove2 and destroy committee records relating to a complaint.3 (8) The House of Representatives shall vote on any recommendation of4 the committee, as set forth in the committee's report, during the regular5 session of the Legislature when the committee makes such report. If the com-6 mittee meets during the interim when the Legislature is not in session, then7 the House shall vote on the committee recommendation during the next regular8 session of the Legislature.9 (9) Expulsion of a House member shall require the affirmative vote of10 two-thirds of the members of the House as provided by Section 11, Article III11 of the Constitution of the State of Idaho. Reprimand or censure of a member12 shall require the affirmative vote of a majority of the members of the House.13 Any action of the House pursuant to this rule shall be final.14 (10) At the end of each regular session of the Legislature, the commit-15 tee shall report the number of complaints received during that session and16 whether or not action has been recommended. No disclosure of the substance17 of dismissed complaints is permitted.18 (11) All expenditures incurred pursuant to this rule shall be approved19 by the chair and paid by vouchers and warrants drawn as provided by law from20 the Legislative Account.21 Be It Resolved by the House of Representatives of the State of Idaho:22 WHEREAS, the House of Representatives deems it necessary and desirable23 that Rule 26 of the Rules of the House of Representatives be amended.24 NOW, THEREFORE, BE IT RESOLVED by the members of the House of Represen-25 tatives, assembled in the Second Regular Session of the Sixty-eighth Idaho26 Legislature, that Rule 26 of the Rules of the House of Representatives shall27 be amended to read as follows:28 RULE 2629 Committee Meetings to be Open, Executive Sessions Limited, Disruption30 of Meetings. -- (1) All regular meetings of any standing, special or select31 committee of the House of Representatives shall be open to the public at all32 times. Any person may attend any meeting of any standing or select or special33 committee, but may participate in said committee only with the approval of34 the committee itself.35 (2) Executive sessions of a standing, special or select committee of36 the House of Representatives shall be limited and undertaken only when ne-37 cessitated by extraordinary circumstances as provided in this rule. Except38 in an emergency involving security or threats against state citizens, re-39 sources or facilities, an executive session may be considered by a committee40 only after the committee has given public notice at least twenty-four hours41 in advance of the meeting that the committee will have before it a request42 to meet in executive session, has listed the person(s) or agency that has43 requested the executive session, and has described the reason(s) for which44 an executive session has been requested. Only after the committee chairman45 has identified the reason(s) for holding the executive session and only upon46 a two-thirds vote recorded in the minutes of the meeting of the committee,47 shall a committee be allowed to hold an executive session during any meeting,48

4 at which time persons who are not members of the legislature may be excluded.1 Executive sessions shall be held only when and to the extent necessary to:2 discuss records that are exempt from public disclosure by statute, court3 decision or court rule; consider pending litigation, mediation or arbi-4 tration; consider personnel decisions involving a legislative employee;5 conduct a preliminary investigation of an ethics complaint against a mem-6 ber under Rule 45; consider charges brought against or the discipline or7 dismissal of a member when public disclosure would harm an innocent third8 party; discuss the security of or threats against state citizens, resources9 or facilities; or discuss acquiring an interest in real property which is not10 owned by a public agency. Under no circumstances, however, shall an execu-11 tive session be authorized or held for the purpose of taking any final action12 or making any final decision, and during such executive session, no votes or13 official action may be taken.14 (3) Nothing in this rule shall prohibit the removal of any person who15 willfully disrupts a meeting to the extent that orderly conduct is seriously16 compromised.17