House Judiciary, Rules and Administration Committee
Key Moments
Ted Hill — Representative Hill made a motion.
Ted Hill — Representative Ted Hill is recognized by the chair and then immediately moves to send House Bill 525 to the floor with a due pass recommendation.
Clint Hostetler — Representative Hostetler commented that he feels old because he remembers when this was a real problem.
Heather Scott — Representative Heather Scott moved to introduce RS 33036 and explained its purpose. In the ensuing discussion, she responded to questions by saying the legislature could take this action, though it is not typical, and that the process is intended to make it easier to bring issues to the courts' attention.
Heather Scott — Heather Scott says Representative Gannon’s suggested wording would be the best fix, then asks for unanimous consent to withdraw her motion.
Chris Mathias — Representative Mathias asked whether the legislature already has the ability to advise the Supreme Court through a resolution.
Chris Mathias — Asked whether there were any other questions for the director or sponsor.
Chris Mathias — Sought confirmation that the bill applies to development of procedures, not the procedures themselves.
Chris Mathias — States support for the substitute motion while also saying the exemption from judicial review should be codified.
Chris Mathias — Says the bill's use of 'procedures' lacks sufficient context and should be clarified.
Bruce Skaug — Bruce Skaug, the sponsor from District 10, introduced the bill and participated in the ensuing discussion by deferring a response to the Department of Correction when asked a question. He was later referenced by the director as having explained the bill’s purpose, indicating a continuous exchange about the same legislation.
Bruce Skaug — Bruce Skaug is asked to provide input as the sponsor on the best path forward and to offer insight from the podium, and the exchange concludes with the chair telling Representative Skaug to take his seat.
Ilana Rubel — Representative Ilana Rubel repeatedly questioned whether the bill would shield execution procedures from legislative oversight, judicial review, discovery, and public transparency, arguing that the language appears to prevent anyone from knowing how the procedures work or whether they comply with constitutional requirements such as the Eighth Amendment. She pressed why the language was needed if it was already law, emphasized that the bill’s text—not intent or testimony—controls, and warned that the lack of transparency is especially troubling when the state is taking a person’s life. She then offered a substitute motion to hold the bill in committee, explaining that the bill is too broad and creates an unusually complete lack of oversight.
Breed Eric — Identified himself as the director for the Idaho Department of Correction and began answering questions.
Idaho Department of Correction director — The Idaho Department of Correction director explained that execution procedures have historically not been subject to review under the Administrative Procedures Act, that the department relies on its own expertise to develop procedures consistent with the Eighth Amendment, and that the exemption is intended to apply to the development of those procedures rather than the procedures themselves.
John Gannon — Representative Gannon first asks whether execution procedures, once established, are made public and whether they can then be challenged or evaluated. Later in the same meeting, during discussion of House Bill 525, he suggests clarifying the bill’s language to refer to the development of such procedures, says he will support the last motion, and then moves to send the bill to general orders.
John Shirts — Representative John Shirts introduced himself and his district, explained that the measure originated from the Title 18 review, and asked the committee to introduce the RS while offering to answer any questions.
Barbara Ehardt — Representative Barbara Ehardt asked whether the provisions identified were the only ones found, essentially seeking confirmation that the list was complete.
Barbara Ehardt — Barbara Ehardt is recognized and then makes an amended substitute motion to hold House Bill 525 until no later than February 11th. Later, the sponsor responds favorably to her motion, indicating support for the proposal.