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Legislative Year: 2020 Change
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Bill Detail: HB20-HR1002

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Title Speaker Regulations For Members' Remote Participation
Status House Third Reading Passed - No Amendments (05/27/2020)
Bill Subjects
House Sponsors A. Garnett (D)
A. Benavidez (D)
Senate Sponsors
House Committee
Senate Committee
Date Introduced 05/26/2020
Description

CONDITIONS CONCERNING A DECLARED PUBLIC HEALTH
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DISASTER EMERGENCY, AS DESCRIBED IN JOINT RULE 44 (a)
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OF THE JOINT RULES OF THE SENATE AND THE HOUSE OF
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REPRESENTATIVES, ARE MET AND THE SPEAKER FINDS THAT
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HOLDING IN-PERSON LEGISLATIVE PROCEEDINGS POSES AN
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INCREASED HEALTH RISK TO THE MEMBERS OF THE HOUSE
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OR TO THE PUBLIC. WITHIN TWENTY-FOUR HOURS AFTER
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INVOKING THE REGULATIONS FOR REMOTE PARTICIPATION,
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THE SPEAKER SHALL ENSURE THAT WRITTEN NOTICE OF THE
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INVOCATION IS PROVIDED TO EACH MEMBER OF THE HOUSE
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AND TO THE CHIEF CLERK OF THE HOUSE AND POSTED ON
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THE WEBSITE OF THE HOUSE. THE REGULATIONS FOR
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REMOTE PARTICIPATION MAY REMAIN IN EFFECT ONLY SO
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LONG AS THE DECLARED STATE OF PUBLIC HEALTH DISASTER
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EMERGENCY CONTINUES.
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(b)
THE REGULATIONS THAT THE SPEAKER MAY PROMULGATE
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PURSUANT TO SUBSECTION (a) OF THIS RULE 53 MUST ADDRESS THE
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FOLLOWING ISSUES AS THEY PERTAIN TO REMOTE PARTICIPATION
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AND MAY ADDRESS SUCH ADDITIONAL ISSUES AS THE SPEAKER
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DETERMINES ARE NECESSARY:
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(1)
THE EXTENT TO WHICH A MEMBER OF THE HOUSE MAY
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PARTICIPATE REMOTELY IN LEGISLATIVE PROCEEDINGS OF
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THE HOUSE, INCLUDING THE TYPE OF LEGISLATIVE
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PROCEEDINGS IN WHICH REMOTE PARTICIPATION IS
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ALLOWED AND ANY LIMITATIONS ON A MEMBER'S REMOTE
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PARTICIPATION;
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(2)
THE TYPE OF TECHNOLOGY OR SOFTWARE THAT A MEMBER
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MUST USE TO PARTICIPATE REMOTELY IN A LEGISLATIVE
1
PROCEEDING OF THE HOUSE. AT A MINIMUM, THE
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TECHNOLOGY OR SOFTWARE MUST BE SUFFICIENT TO VERIFY
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THE IDENTITY OF A MEMBER WHO IS PARTICIPATING
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REMOTELY AND AUTHENTICATE THE MEMBER'S ACTIONS.
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(3)
THE PROCEDURE FOR ASCERTAINING THE PRESENCE OF A
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QUORUM FOR A LEGISLATIVE PROCEEDING OF THE HOUSE
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WHEN ONE OR MORE MEMBERS IS PARTICIPATING
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REMOTELY;
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(4)
THE PROCEDURE FOR CONDUCTING A CALL OF THE HOUSE
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WHEN ONE OR MORE MEMBERS IS PARTICIPATING
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REMOTELY; AND
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(5)
THE PAYMENT OF COMPENSATION FOR A MEMBER WHO
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PARTICIPATES REMOTELY IN LEGISLATIVE PROCEEDINGS OF
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THE HOUSE.
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(c)
ANY REGULATIONS THAT THE SPEAKER MAY PROMULGATE
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PURSUANT TO SUBSECTION (a) OF THIS RULE 53 SUPERSEDE ANY
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PROVISIONS IN THE RULES OF THE HOUSE THAT MAY BE
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INTERPRETED AS PROHIBITING A MEMBER FROM PARTICIPATING
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REMOTELY IN LEGISLATIVE PROCEEDINGS OF THE HOUSE OR
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LIMITING OR OTHERWISE CONFLICTING WITH A MEMBER'S ABILITY
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TO PARTICIPATE REMOTELY IN LEGISLATIVE PROCEEDINGS OF THE
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HOUSE.
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(d)
A MEMBER OF THE HOUSE WHO IS NOT PHYSICALLY PRESENT BUT
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IS PARTICIPATING REMOTELY IN A LEGISLATIVE PROCEEDING OF THE
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HOUSE PURSUANT TO THE REGULATIONS PROMULGATED BY THE
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SPEAKER PURSUANT TO SUBSECTION (a) OF THIS RULE 53 IS
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DEEMED TO BE:
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(1)
PARTICIPATING IN THE LEGISLATIVE PROCEEDING AT THE
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SEAT OF GOVERNMENT AND THE LEGISLATIVE PROCEEDING
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IS DEEMED TO BE TAKING PLACE AT THE SEAT OF
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GOVERNMENT; AND
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(2)
PRESENT AND IN ATTENDANCE AS IF PHYSICALLY PRESENT,
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INCLUDING FOR PURPOSES OF ASCERTAINING THE PRESENCE
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OF A QUORUM. THE CHIEF CLERK OF THE HOUSE SHALL
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INCLUDE IN THE JOURNAL OF THE DAY'S PROCEEDINGS THE
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NAME OF EACH MEMBER PARTICIPATING REMOTELY IN THE
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LEGISLATIVE PROCEEDINGS OF THE HOUSE ON THAT DAY.
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(e)
ACTION TAKEN BY A MEMBER OF THE HOUSE WHO IS
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PARTICIPATING REMOTELY IN LEGISLATIVE PROCEEDINGS OF THE
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HOUSE PURSUANT TO THE REGULATIONS PROMULGATED BY THE
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SPEAKER PURSUANT TO SUBSECTION (a) OF THIS RULE 53 HAS THE
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SAME LEGAL EFFECT AS IF THE MEMBER WERE PHYSICALLY
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PRESENT FOR THE LEGISLATIVE PROCEEDINGS WHEN THE ACTION IS
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TAKEN. THE CHIEF CLERK OF THE HOUSE SHALL INCLUDE IN THE
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JOURNAL OF THE DAY'S PROCEEDINGS ANY RECORDED VOTE CAST
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BY A MEMBER WHO IS PARTICIPATING REMOTELY IN LEGISLATIVE
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PROCEEDINGS OF THE HOUSE.

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