Bill Text: MI HR0245 | 2019-2020 | 100th Legislature | Introduced
Bill Title: A resolution prescribing Temporary Rules for Emergency Operation of the House of Representatives.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2020-04-07 - Referred To Committee On Government Operations [HR0245 Detail]
Download: Michigan-2019-HR0245-Introduced.html
house Resolution No.245
Rep. Greig offered the following resolution:
A resolution prescribing Temporary Rules for Emergency Operation of the House of Representatives.
Whereas, The purpose of these Temporary Rules for Emergency Operation of the House of Representatives is to maintain continuity of the legislative operations of the House, which in turn protects the health, safety, and welfare of the people of Michigan; and
Whereas, On March 10, 2020, Governor Whitmer issued Executive Order 2020-04 declaring a state of emergency across the state of Michigan to address the COVID-19 pandemic. This new disease, caused by a novel coronavirus not previously identified in humans, can easily spread from person to person and can result in serious illness or death. There is currently no approved vaccine or antiviral treatment; and
Whereas, On April 1, 2020, Governor Whitmer issued Executive Order 2020-33 declaring both a state of emergency and state of disaster across the state of Michigan to address the continued spread of COVID-19 and the widespread and severe health, economic, and social harms associated with the pandemic; and
Whereas, The House recognizes that the best way to slow the spread of COVID-19 and "flatten the curve" is to maintain appropriate social distancing as recommended by the Centers for Disease Control and Prevention; and
Whereas, The House finds that continuing to conduct its committee meetings and House session through in-person assemblages endangers the health, safety, and welfare of Members, staff, and the general public and imperils the House’s ability to continue legislative operations during this pandemic; and
Whereas, Article IV, Section 16 of the Constitution of the State of Michigan of 1963 provides that: "Each house, except as otherwise provided in this constitution, shall choose its own officers and determine the rules of its proceedings..."; now, therefore, be it
Resolved by the House of Representatives, That the following rules be adopted as the Temporary Rules for Emergency Operation of the House of Representatives:
TEMPORARY RULES FOR EMERGENCY
OPERATION OF THE HOUSE OF REPRESENTATIVES
Remote Participation in Committee Meetings
Rule 1. (1) During a state of emergency or state of disaster declared by the Governor across the state of Michigan under Section 3 of the Emergency Management Act, 1976 PA 390, the Speaker, with the agreement of the Minority Leader, may authorize a standing committee or special committee to conduct a committee meeting in which Members of the committee and the public participate remotely by electronic means. It is the intent of the House that the Speaker and Minority Leader shall only invoke the authority granted to them by these Temporary Rules when the nature of the emergency or disaster renders in-person meetings of House committees a risk to the health and safety of Members, staff, or the public.
(2) "Remote participation" means simultaneous, interactive participation in a committee meeting by electronic means by some Members of a committee who are not physically present at the location of the meeting.
(3) The committee Chair shall preside over any committee meeting being conducted as authorized by the provisions of these Temporary Rules from the seat of government in Lansing. All other Members of the committee and members of the public shall participate remotely by electronic means.
(4) Staff essential to the conduct of the committee meeting may be physically present with the committee Chair but shall maintain social distancing and undertake other mitigation measures, as recommended by the Centers for Disease Control and Prevention and the Michigan Department of Health and Human Services, to the greatest extent feasible.
(5) Members of committees participating remotely shall be counted for the purpose of determining the presence of a quorum, which shall be established by a roll call.
(6) The electronic means employed for remote committee meetings must safeguard the integrity of the legislative process and maintain the deliberative character of the meeting by providing for simultaneous aural and verbal communication among all participants.
(7) In the event the electronic means of facilitating remote participation in a committee meeting by Members or the public is interrupted, the Chair shall halt the meeting until the electronic means of remote participation is restored to working order. This provision shall not apply to an individual Member of the committee or the public temporarily experiencing loss of connection to the electronic means of remote participation.
(8) All persons must be permitted to participate in any meeting of a public body held electronically, except as otherwise provided in the Open Meetings Act, 1976 PA 267, or the Standing Rules of the House of Representatives.
(9) The right of a person to participate in a committee meeting held by electronic means may not be limited by a requirement that she or he register or otherwise provide his or her name or other identifying information, other than mechanisms necessary to permit the person to provide testimony to the committee during the meeting. A committee may also use electronic means to facilitate typed testimony that may be read to or shared with Members of the committee and the public.
(10) Members participating remotely by electronic means may cast votes on all bills, resolutions, and motions brought to a vote by the committee as if the Members were physically present at the committee meeting. All votes taken during a committee meeting held by electronic means shall be by roll call vote to avoid any question as to how each committee Member votes.
(11) The committee Chair shall verify the identity of the voting Member.
(12) A Member participating remotely by electronic means in any committee meeting shall provide the Committee Clerk with a written certification confirming that it was, in fact, that Member present and voting by electronic means at any such meeting within 48 hours of the adjournment of the meeting. All such certifications shall be appended to the minutes of the committee meeting. The Clerk of the House may prescribe the format of the certification.
(13) The House Business Office shall recommend or provide suitable electronic means that enables Members to participate remotely in committee meetings, in consultation with the Clerk of the House, and under the direction of the Speaker.
(14) All committee meetings conducted as authorized by the provisions of these Temporary Rules shall be webcast live on the House website. Audio and/or video recordings of all such committee meetings shall be made available to the public on the House website. To the greatest extent practicable, as determined by the Clerk of the House, such committee meetings will be broadcast on House television.
Remote Participation in House Session
Rule 2. (1) During a state of emergency or state of disaster declared by the Governor across the state of Michigan under Section 3 of the Emergency Management Act, 1976 PA 390, the Speaker, with the agreement of the Minority Leader, may extend the bar of the House to allow for one or more Members to be in attendance and participate remotely by electronic means. It is the intent of the House that the Speaker and Minority Leader shall only invoke the authority granted to them by these Temporary Rules when the nature of the emergency or disaster renders in-person House session a risk to the health and safety of Members, staff, or the public.
(2) "Remote participation" means simultaneous, interactive participation in House session by electronic means by some Members not physically present in the House Chambers.
(3) The Speaker, or the designee of the Speaker, shall preside over any session of the House being conducted as authorized by the provisions of these Temporary Rules from within the House Chambers at the seat of government in Lansing. The Speaker Pro Tempore, Majority Floor Leader, Minority Leader, and Minority Floor Leader shall also be physically present, unless excused. All other Members are strongly encouraged to participate remotely in session by electronic means. Members physically present shall maintain social distancing and undertake other mitigation measures to the greatest extent feasible.
(4) During any House session conducted as authorized by the provisions of these Temporary Rules, the doors of the House shall be open, unless the public security otherwise requires. Any members of the public physically present in the gallery shall be required to maintain appropriate social distancing. Members of the public are strongly encouraged to observe House session remotely, as an alternative to physical presence.
(5) Staff essential to the conduct of session, including the Clerk of the House, may be physically present in the House Chambers, but shall maintain social distancing and undertake other mitigation measures to the greatest extent feasible.
(6) Members participating remotely shall be counted for the purpose of determining the presence of a quorum, which shall be established by a roll call.
(7) The electronic means employed for remote participation in House session must safeguard the integrity of the legislative process and maintain the deliberative character of the meeting by providing for simultaneous aural and verbal communication among all participants.
(8) In the event the electronic means of facilitating remote participation in House session by Members is interrupted, the Presiding Officer shall halt session until the electronic means of remote participation is restored to working order. This provision shall not apply to an individual Member experiencing loss of connection to the electronic means of remote participation.
(9) Members participating in House session remotely by electronic means may cast votes on all bills, resolutions, and motions brought to a vote as if the Members were physically present in the House Chambers. All votes taken on the final passage of a bill or adoption of a resolution during any House session held by electronic means shall be by roll call vote to avoid any question as to how each Member votes. The Clerk of the House, or the designee of the Clerk, shall call the roll.
(10) The Presiding Officer shall verify the identity of the voting Member.
(11) A Member participating remotely by electronic means in any House session shall provide the Clerk of the House with a written certification confirming that it was, in fact, that Member present and voting by electronic means in such a session within 48 hours of the adjournment of such session. All such certifications shall be entered in the House Journal. The Clerk of the House may prescribe the format of the certification.
(12) The House Business Office shall provide suitable electronic means that enables Members to participate remotely in House Session, in consultation with the Clerk of the House, and under the direction of the Speaker.
(13) All House sessions conducted as authorized by the provisions of these Temporary Rules shall be webcast live on the House website. Audio and/or video recordings of all such sessions shall be made available to the public on the House website. All House sessions conducted by electronic means will be broadcast on House television.
Effect on Standing Rules
Rule 3. Except to the extent that they conflict with these Temporary Rules, the Standing Rules of the House of Representatives, as adopted in House Resolution No. 1 of 2019, on January 9, 2019, remain in full force and effect.
Expiration of Temporary Rules
Rule 4. These Temporary Rules for Emergency Operation of the House of Representatives shall expire after the state of emergency or state of disaster declared by the Governor across the state of Michigan under Section 3 of the Emergency Management Act, 1976 PA 390, and relied upon by the Speaker and Minority Leader to invoke these Temporary Rules, is terminated by the Governor or by operation of law, unless otherwise further extended in accordance with the Standing Rules of the House of Representatives.
