Idaho Senate State Affairs Chairman Curt McKenzie, R-Nampa, says there are several people who have signed up to testify on the capitol grounds use rules this morning, but he doesn't plan to allow any testimony. "Typically when we do rules review, we do not take testimony," McKenzie said. "It's not the intent to take testimony on these, other than if the committee has questions, for either the presenter or someone else in the audience."

State Department of Administrator Director Teresa Luna has now begun presenting the rules to the committee. In the rules, the department stated, “Negotiated rulemaking was not conducted because these rules incorporate public comment submitted on the original temporary rules and because further consensus between interested parties on the content of the rules is improbable.”

Sen. Elliot Werk, D-Boise, asked Luna, “Have you looked at the constitutionality of the provisions here?” Luna deferred to the department’s deputy attorney general, Julie Weaver, who said there’s currently ongoing litigation over the constitutionality of the rules. “But I’m confident that we did the best that we could,” she told the committee.