Amendment ID: S12-3
Amendment 3
Emergency Rules Amendment
Ms. Lovely moves to amend the report by striking out sections 1 to 13, inclusive, and inserting in place thereof the following 9 sections:-
“Section 1.(a) Notwithstanding Senate Rule 55, Senate Rule 57 or any other rule to the contrary, a member may authorize the presiding officer to announce the member’s vote or record the member’s presence in the Senate.
(b) A member may authorize the presiding officer by submitting a letter to the Clerk that specifies the member’s exact instruction to the presiding officer on how to answer the question for which the roll call is ordered and states that the presiding officer is authorized to announce the member’s vote or record the member’s presence; provided, however, that a member may alter or revoke this authorization by submitting a letter to the Clerk; provided further, that if a member who has so authorized the presiding officer casts the member’s own vote or records the member’s own presence, the member shall be considered to have revoked the authorization to announce the member’s vote or record the member’s presence in the Senate. Upon receipt of a member’s letter authorizing the presiding officer or altering or revoking the authorization of the presiding officer, the Clerk shall notify the President and the minority leader of the authorization, alteration or revocation. The Clerk shall maintain an updated list of the authorizations, alterations and revocations submitted or in effect under this order and shall make the list publicly available in electronic form and available during any vote subject to this order.
(c) The presiding officer shall answer the roll call on behalf of each member who has authorized the presiding officer to announce the vote or record the presence of the member; provided, however, that the presiding officer shall announce the vote or record the presence in accordance with the member’s exact instruction.
(d) A letter under this section may be submitted to the Clerk electronically.
Section 2. Notwithstanding Senate Rule 57 or any other rule to the contrary, a member may be excused from voting personally in the Senate Chamber and may record the member’s vote on a question for which a roll call has been ordered, record the member’s presence or be counted on any procedural question remotely. The President shall establish and provide members access to a telephone line or other electronic means to record their vote or presence or to be counted, which shall be monitored by a court officer and a member of the Clerk’s staff. A court officer shall ascertain and announce any such recordation on behalf of the member and a member of the Clerk’s office shall verify the account.
Section 3. A member who participates remotely pursuant to section 1 or section 2 shall be counted for the purpose of establishing a quorum as required pursuant to Senate Rule 64 and Article XXXIII of the Amendments to the Constitution of the Commonwealth.
Section 4. The President shall provide members access to a telephone line or other electronic means to allow them to speak in session and shall designate an appropriate staff person to coordinate participation in debate by any member who would like to speak from outside the chamber.
Section 5. Notwithstanding Senate Rule 7 or any other rule to the contrary, the Senate may adopt by order requirements for the process, formatting and timely filing of amendments, the redrafting of amendments and further amendments. Absent such an order, amendments to a bill, resolve, resolution or order shall be filed prior to the calling to order of the session at which the measure is to be considered; provided, however, that such measure has been available for amendment for not less than 48 hours; and provided further, redrafted amendments, further amendments and perfecting, technical or corrective amendments by the Committee on Ways and Means, the Committee on Rules, or the Committee on the Bills in the Third Reading shall be in order.
Section 6. The presiding officer shall endeavor to ensure that the Senate’s proceedings account for any delay or lag time that occurs due to the remote participation of members in the session. The session shall be conducted at a pace that provides adequate timing and intervals to allow for effective spontaneous responses by the members.
Section 7. Notwithstanding Senate Rule 10C, 11D or 11F, required member, officer and staff trainings shall be provided, as feasible, to members, officers and staff remotely. Said remote trainings shall, if feasible, be provided within 90 days of the opening of the biennial session. Notwithstanding the forgoing, said trainings shall be provided in person in a timely manner upon the cessation of these emergency rules.
Section 8. Committees may solicit testimony in writing or conduct hearings remotely to satisfy the requirements of Senate Rule 12. Remote hearings shall be conducted on a platform that permits public participation and shall comply with the notice requirements of Rule 12 to the extent practicable. Chairs shall schedule hearings that offer remote participation through Legislative Information Services and the Sergeant-at-Arms and shall provide a list of those members of the public who wish to testify at least 24 hours in advance of the hearing to said offices. If public testimony is being solicited, either through a remote hearing or thought written testimony, the chair shall provide an agenda to the Clerk, which shall include an electronic mail address and a physical mail address for the submission of testimony in accordance with Senate Rule 12, and shall offer a reasonable amount of time to receive such written testimony. The agenda shall include the time and place of the remote hearing, if applicable. The Clerk shall publish the agenda on the official website of the General Court whenever practicable.
Section 9. Unless otherwise provided by subsequent order, this order shall expire on August 1, 2022.