HOUSE DOCKET, NO. 5487 FILED ON: 1/5/2021
HOUSE . . . . . . . . . . . . . . . No. 5247
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The Commonwealth of Massachusetts
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House of Representatives, |
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In the One Hundred and Ninety-First General Court
(2019-2020)
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Ordered, Whereas, COVID-19 is a highly contagious, and at times fatal, respiratory disease;
Whereas, on March 10, 2020, the Governor declared a state of emergency in the Commonwealth to respond to the COVID-19 outbreak; and
Whereas, on December 22, 2020, the Governor issued COVID-19 Order No. 59, Temporarily Applying Further Capacity Restrictions to Statewide COVID-19 Safety Rules limiting the size of indoor gatherings to 10 people and outdoor gatherings to 25 people; and
Whereas, pursuant to Article XXX of Part the First of the Constitution of the Commonwealth, the Governor’s March 10, 2020 declaration of a state of emergency and COVID-19 Order No. 59 do not apply to the General Court; and
Whereas, the worldwide outbreak of COVID-19 and the effects of its extreme risk of person-to-person transmission significantly affect the life and health of Members, Members-elect, officers and employees, as well as the economy, and is a disaster that impacts the health, security, safety and convenience of the public; and
Whereas, Article XXII of Part the First of the Constitution of the Commonwealth, advises that the General Court “ought frequently to assemble for the redress of grievances, for correcting, strengthening and confirming the laws, and for making new laws, as the common good may require”; and
Whereas, Article X of the Amendments to the Constitution of the Commonwealth requires that the General Court assemble for the political year on the first Wednesday in January and also authorizes the General Court to assemble “at such other times as they shall judge necessary”; and
Whereas, Members of the House of Representatives are required to take and subscribe the oath before the Governor and Governor’s Council pursuant to Article I of Chapter VI of Part the Second of the Constitution of the Commonwealth; and
Whereas, pursuant to Article XXXIII of the Amendments to the Constitution of the Commonwealth, a majority of the Members of the House of Representatives are required to establish a quorum for the transaction of business; and
Whereas, the House of Representatives must, consistent with the guidance of federal and state public health authorities, conduct its business in a manner that will ensure the safety of its Members, Members-elect, officers and employees; and
Whereas, pursuant to Article X of Section 3 of Chapter 1 of Part the Second of the Constitution of the Commonwealth, the House of Representatives has the exclusive constitutional authority to settle the rules and orders of proceeding in the House of Representatives; and
Whereas, the House of Representatives exercised its exclusive constitutional authority to settle the rules and orders of proceeding in the House of Representatives for the 191st General Court pursuant to Article X of Section 3 of Chapter 1 of Part the Second of the Constitution of the Commonwealth on January 30, 2019, hereinafter the Standing Rules and May 4, 2020, hereinafter the Emergency Rules; now therefore be it
Ordered, That, the House of Representatives hereby declares that a state of emergency continues to exist within the House of Representatives; and be it further
Ordered, That, the House of Representatives does hereby exercise its exclusive constitutional authority to settle the rules and orders of proceeding in the House of Representatives pursuant to Article X of Section 3 of Chapter 1 of Part the Second of the Constitution of the Commonwealth by amending the Emergency Rules, in Emergency Rule 1, by striking out the definition of “Member” and inserting in place thereof the following 2 definitions:-
“Member,” a Member of the House of Representatives.
“Member-Elect”, a person elected to the House of Representatives for the 192nd General Court at the biennial state election held on November 3, 2020.
And to further amend said Emergency Rules by striking out paragraphs (1) and (2) of subsection (a) of Emergency Rule 2 and inserting in place thereof the following paragraphs:-
(1) During the state of emergency within the House, the House may assemble for any reason with Members or Members-Elect participating remotely including, without limitation assembling: (i) pursuant to Article X of the Amendments to the Constitution of the Commonwealth; (ii) for purposes of taking and subscribing the oath before the governor and council pursuant to Article I of Chapter VI of Part the Second of the Constitution of the Commonwealth; or (iii) in a formal session. Members participating remotely may vote on any question or other matter before the House. Members or Members-Elect participating remotely shall be considered present and in attendance for all purposes, including for purposes of determining a quorum pursuant to Article XXXIII of the Amendments to the Constitution of the Commonwealth or any Standing Rules and for purposes of taking and subscribing the oath before the governor and council pursuant to Article I of Chapter VI of Part the Second of the Constitution of the Commonwealth.
(2) A Member participating remotely shall have the same privileges, rights and responsibilities as if the Member were physically present in the House Chamber, including without limitation, the right, privilege and responsibility to cast votes on all questions or other matters brought to a vote and the ability to the take and subscribe the oath required pursuant to Article I of Chapter VI of Part the Second of the Constitution of the Commonwealth.
A Member-Elect participating remotely shall have the same privileges, rights and responsibilities as if the Member-Elect were physically present in the House Chamber, including without limitation, the ability to the take and subscribe the oath required pursuant to Article I of Chapter VI of Part the Second of the Constitution of the Commonwealth.
And to further amend said Emergency Rules by striking out Emergency Rule 20 and inserting in place thereof the following:-
Emergency Rule 20. Emergency Rules 1 through 20, inclusive, shall remain effective until a majority of the House adopts an Order declaring the state of emergency within the House has ceased or until 11:59 P.M. on January 31, 2021.