SR 20-005 — Regulations For Remote Participation And Healthy Work Environment

SENATESecond RESOLUTIONRegular 20-005Session BYSeventy-second SENATOR(S)General Fenberg,Assembly Danielson,STATE Fields,OF Ginal,COLORADO Gonzales,ENGROSSED Hansen,LLS Lee,NO. Moreno, Pettersen, Rodriguez, Story, Todd, Williams A., Winter, Garcia.

CONCERNINGR20-1276.02 THEJennifer ADDITIONGilroy OFx4327 ASR20-005 SENATE RULESPONSORSHIP AUTHORIZINGFenberg, THEDanielson, Fields, Garcia, Ginal, Gonzales, Hansen, Lee, Moreno, Pettersen, Rodriguez, Story, Todd, Williams A., Winter Senate Committees SENATE PRESIDENTRESOLUTION TO20-005 PROMULGATEC REGULATIONSONCERNING ALLOWINGTHE REMOTEADDITION PARTICIPATIONOF INA SENATELEGISLATIVESENATE PROCEEDINGSR ANDULE PROVIDINGAUTHORIZING FORATHE SAFESENATE ANDPRESIDENTTOPROMULGATEREGULATIONSALLOWING HEALTHYREMOTEPARTICIPATIONIN WORKSENATELEGISLATIVEPROCEEDINGS ENVIRONMENTANDPROVIDINGFORASAFEANDHEALTHYWORKENVIRONMENT DURING A DECLARED PUBLIC HEALTH DISASTER EMERGENCY.EMERGENCY .

Be ItResolvedbyIt Resolved by the Senate oftheof the Seventy-second GeneralAssemblyGeneral oftheAssembly of the State ofColorado:of Colorado:

That in the Rules oftheof SeaddeRulethe Senate, add Rule No.

Regulations for The Senate During a Public Health Disaster Emergency (a) (1) PURSUANT TO SECTION 2-2-404 (2)COLORADO(2),OLORADO REVISED STATUTES, THIS RULE AUTHORIZES THE PRESIDENT TO PROMULGATE REGULATIONS TO ENABLE MEMBERS OF THE SENATE TO PARTICIPATE REMOTELY IN SENATE LEGISLATIVE PROCEEDINGS.PROCEEDING.R EGULATIONS PROMULGATED PURSUANT TO THIS SUBSECTION (a)(1) MUST BE g 0 E d 0 A e , E l 2 Shading denotes HOUSE amendment.

REGULATIONSDouble PROMULGATEDunderlining PURSUANTdenotes TOSENATESaieadment. THIS SUBSECTION (a)(l)MUST BE DISTRIBUTED TO EACH MEMBER OF THE SENATE AND TO THE SECRETARY OF THE SENATE AND BE POSTED ON THE WEBSITE OF THE SENATE.

(2)Capital THEletters PRESIDENT,or AFTERbold CONSULTATION& WITHitalic THEnumbers MAJORITYindicate LEADERnew ANDmaterial THEto MINORITYbe LEADER,adFeM MAYto INVOKEexisting THEstatute. REGULATIONS FOR REMOTE PARTICIPATION ONLY IF THE CONDITIONS CONCERNING A DECLARED PUBLIC HEALTH DISASTER EMERGENCY, AS DESCRIBED IN JOINT RU44 (a)OF THE JOINT RULES OF THE SENATE AND HOUSE OF REPRESENTATIVES, ARE MET AND THE PRESIDENT FINDS THAT HOLDING IN-PERSON SENATELEGISLATIVEPROCEEDINGS POSES AN INCREASED HEALTH RISK TO THE MEMBERS OF THE SENATE OR TO THE PUBLIC.

WITHINDashes TWENTY-FOURthrough HOURSthe AFTERwords INVOKINGTHEREGULATIONSFORREMOTEPARTICIPATION,indicate THEdeletions PRESIDENTfrom SHALLPROVIDEexisting WRITTENNOTICETOstatute. EACH MEMBER OF THE SENATE AND TO THE SECRETARY OF THE SENATE AND SHALL POST THE NOTICE OF INVOCATION ON THE WEBSITE OF THE SENATE.

THEDISTRIBUTEDTOEACHMEMBEROFTHE REGULATIONSSENATEANDTOTHE FORSECRETARY REMOTEOF PARTICIPATIONTHE MAYSENATE REMAINAND INBE EFFECTPOSTED ONLYON SO LONG AS THE DECLAREDWEBSITE STATE OF PUBLICTHESENATE. HEALTH DISASTER EMERGENCY CONTINUES.

(b)(2) (1)THE THEREGULATIONSTHATTHEPRESIDENTMAYPROMULGATEPRESIDENT, PURSUANTTOSUBSECTIONAFTER (a)OFTHISRULEMUSTADDRESSCONSULTATION WITH THE FOLLOWINGM ISSUESAJORITY ASLEADER THEYAND PERTAINTHE TOM INORITY LEADER ,MAY INVOKE THE REGULATIONS FOR REMOTE PARTICIPATION:PARTICIPATION ONLYIFTHECONDITIONSCONCERNINGADECLAREDPUBLIC HEALTH DISASTER EMERGENCY ,AS DESCRIBED INJOINT RULE 44 (a)OF THE JOINT RULES OF THE SENATE AND HOUSEOF R EPRESENTATIVESAREMETANDTHE PRESIDENT FINDS THAT HOLDING IN PERSON SENATE LEGISLATIVE PROCEEDINGS POSES AN INCREASED HEALTH RISK TO THE MEMBERS OF THE SENATE OR TO THE PUBLIC .

(A)W THEITHIN EXTENTTWENTY TO-FOUR WHICHHOURS AAFTER MEMBERINVOKING OF THE SENATEREGULATIONS MAYFOR PARTICIPATE REMOTELY IN SENATE LEGISLATIVE PROCEEDINGS, INCLUDINGANYLIMITATIONS ONAMEMBER'S REMOTE PARTICIPATION,PARTICIPATION SUCH, ASTHE ALLOWINGPRESIDENT ASHALL MEMBERPROVIDE WHOWRITTEN PARTICIPATESNOTICE REMOTELY TO ONLYEACH VOTEMEMBER FOR PURPOSES OF RECORDEDTHE VOTESSENATE ORAND ALLOWING A MEMBER WHO PARTICIPATES REMOTELY TO ALSOTHE MAKESECRETARY MOTIONS,OF MOVETHE BILLSSENATE AND AMENDMENTS,SHALLPOSTTHENOTICEOFINVOCATIONONTHEWEBSITEOF ANDTHE PARTICIPATES INENATE DEBATE;.

(B) THE TYPEREGULATIONS OFFOR TECHNOLOGYREMOTE ORPARTICIPATION SOFTWAREMAY THATREMAIN AIN MEMBEREFFECT OFONLY THESO SENATELONG MUSTAS USETHE TODECLARED PARTICIPATESTATE REMOTELYOF INPUBLIC AHEALTH SENATEDISASTER LEGISLATIVEEMERGENCY PROCEEDING;CONTINUES .

(C)(b) THE(1) PROCEDURETHEREGULATIONSTHATTHE FORPRESIDENTMAYPROMULGATE ASCERTAININGPURSUANTTOSUBSECTION (a)OFTHISRULEMUSTADDRESS THE PRESENCEFOLLOWING OFISSUES AAS QUORUMTHEY FORPERTAIN ATO SENATEREMOTE LEGISLATIVEPARTICIPATIO: PROCEEDING WHEN ONE ORMOREMEMBERS OFTHE SENATEARE PARTICIPATING REMOTELY;

(D)(A) THE PROCEDUREEXTENT FORTO CONDUCTINGWHICH A CALLMEMBER OF THETHES ENATE MAY PARTICIPATE REMOTELY IN SENATE WHENLEGISLATIVE ONEPROCEEDINGS OR, MOREINCLUDING MEMBERSANY LIMITATIONS ON A MEMBER S REMOTE PARTICIPATIO,SUCHASALLOWINGAMEMBERWHO PARTICIPATES REMOTELY TO ONLY VOTE FOR PURPOSES OF THERECORDED SENATEVOTES AREOR PAGEALLOWING 2-SENATEA RESOLUTIONMEMBER 20-005WHO PARTICIPATINGPARTICIPATES REMOTELY;REMOTELY TO ALSO MAKE MOTIONS ,MOVE BILLS AND AMENDMENTS , AND PARTICIPATE IN DEBAT;

AND(B) (E) THE PROCEDURETYPE BY WHICH MEMBERS OF THETECHNOLOGY SENATEOR WHOSOFTWARE ARETHAT PARTICIPATING REMOTELY IN A SENATEMEMBER LEGISLATIVE PROCEEDING MUST CERTIFY IN WRITING THE ACCURACY OF THETHES MEMBERS'ENATE VOTESMUST ANDUSE THETO REQUIREMENTPARTICIPATE THAT-2- SUCH005 WRITTENCERTIFICATIONSREMOTELY BEKEPTINTHEIN SENATERECORDSASENATE FORLEGISLATIVE REVIEW.PROCEEDING;

(2)(C) THE REGULATIONSPROCEDURE THATFOR THEASCERTAINING PRESIDENT MAY PROMULGATE PURSUANT TO SUBSECTION (a)OF THIS RULE MAY ADDRESS SUCH ADDITIONAL MATTERS AS THE PRESIDENTPRESENCE DETERMINESOF AREA NECESSARY,QUORUM INCLUDINGFOR MEASURES TO FACILITATE A SAFESENATE ANDLEGISLATIVE HEALTHYPROCEEDING WORI<WHEN ENVIRONMENTONE ANDOR TOMORE PROTECT VULNERABLE MEMBERS OF THE SENATE ANDARE OTHERPARTICIPATING PERSONSREMOTELY; DURING A DECLARED PUBLIC HEALTH DISASTER EMERGENCY.

(c)(D) ANY REGULATIONS THAT THE PRESIDENTPROCEDURE MAYFOR PROMULGATECONDUCTING PURSUANTA TOCALL SUBSECTION (a) OF THISTHE RULESENATE SUPERSEDEWHEN ANYONE PROVISIONSOR INMORE THEMEMBERS RULES OF THE SENATE THATARE MAYPARTICIPATING BEREMOTELY;AND INTERPRETED(E) ASTHE PROHIBITINGPROCEDURE ABY MEMBERWHICH MEMBERS OF THE SENATE FROMWHO PARTICIPATINGREMOTELYARE PARTICIPATING REMOTELY IN SENATELEGISLATIVEA PROCEEDINGS,SENATELEGISLATIVEPROCEEDINGMUSTCERTIFYIN ORWRITING LIMITINGTHE ORACCURACY OTHERWISEOF CONFLICTINGTHE WITHMEMBERS A'VOTES MEMBER'SAND ABILITYTHE TOREQUIREMENT PARTICIPATETHAT REMOTELYSUCH WRITTEN CERTIFICATIONS BE KEPT IN SENATETSENATE LEGISLATIVERECORDS PROCEEDINGS.FOR REVIEW.

(d)(2) ATHEREGULATIONSTHATTHE MEMBERPRESIDENTMAYPROMULGATE OFPURSUANT THETO SENATESUBSECTION(a)OFTHIS WHORULE rsNOTMAY PHYSICALLYADDRESS PRESENTSUCH BUTADDITIONAL WHOMATTERS ISAS PARTICIPATINGTHE REMOTELYP INRESIDENT DETERMINES ARE NECESSARY ,INCLUDING MEASURES TO FACILITATE A SENATESAFE LEGISLATIVEAND PROCEEDINGHEALTHY PURSUANTWORK ENVIRONMENT AND TO THEPROTECT REGULATIONSVULNERABLE PROMULGATEDMEMBERS BYOF THE PRESIDENTS PURSUANTENATE TOAND SUBSECTIONOTHER (a)OFPERSONS THISDURING RULEA ISDECLARED DEEMEDPUBLIC TOHEALTH BE:DISASTER EMERGENCY .

(1)(c) PARTICIPATINGA INNY REGULATIONS THAT THE LEGISLATIVEPRESIDENT PROCEEDINGMAY ATPROMULGATE THEPURSUANT SEATTO OFSUBSECTION GOVERNMENT(a)OF ANDTHIS RULE SUPERSEDE ANY PROVISIONS IN THE LEGISLATIVERULES PROCEEDINGOF ISTHE DEEMEDSENATE TOTHAT MAY BE TAKINGINTERPRETED PLACEAS ATPROHIBITING THEA SEATMEMBER OF GOVERNMENT;THESENATE FROM PARTICIPATINGREMOTELYIN SENATELEGISLATIVEPROCEEDINGS , OR LIMITING OR OTHERWISE CONFLICTING WITH A MEMBER S ABILITY TO PARTICIPATE REMOTELY IN SENATE LEGISLATIVE PROCEEDINGS.

AND(d) (2)A PRESENTMEMBER ANDOFTHE INSENATE ATTENDANCEWHO ASIS IFNOT PHYSICALLY PRESENT,PRESENT INCLUDINGFORPURPOSESBUT OFWHO ASCERTAININGTHEPRESENCEIS OFPARTICIPATING REMOTELY IN A QUORUM.SENATE LEGISLATIVE PROCEEDING PURSUANT TO THE REGULATIONS PROMULGATED BY THE PRESIDENT PURSUANT TO SUBSECTION (a)OF THIS RULE IS DEEMED TO BE:

THE-3- SECRETARY005 OF(1) THEPARTICIPATING SENATEIN SHALLTHE PALEGISLATIVE GPROCEEDING EAT 3-SENTHE ASEAT TEOF RGOVERNMENT ESOAND LUTHE TIOLEGISLATIVE 20-005PROCEEDING INCLUDEIS INDEEMED THETO JOURNALBE OFTAKING THEPLACE DAY'SAT PROCEEDINGS THE NAMESEAT OF EACHGOVERNMENT MEMBER;AND PARTICIPATING(2) REMOTELYPRESENT AND IN THEATTENDANCE SENATEAS LEGISLATIVEIF PROCEEDINGSPHYSICALLY ONPRESE,T THATINCLUDINGFORPURPOSESOFASCERTAININGTHEPRESENCE DAY.OF A QUORUM .

(e)THE ACTIONSECRETARY TAKEN BY A MEMBER OF THE SENATES WHOENATE ISSHALL PARTICIPATINGINCLUDE REMOTELY IN SENATE LEGISLATIVE PROCEEDINGS PURSUANT TO THE REGULATIONSJOURNAL PROMULGATEDOF BY THE PRESIDENTD'S PURSUANTPROCEEDINGS TO SUBSECTION(aOF THIS RULE HAS THE SAMENAME LEGALOF EFFECTEACH AS IF THE MEMBER WEREPARTICIPATING PHYSICALLYREMOTELY PRESENT IN THE SENATE LEGISLATIVE PROCEEDINGS WHENON THETHAT ACTIONDA. WAS TAKEN.

THE(e) SECRETARYA CTION TAKEN BY A MEMBER OF THE SENATE SHALLWHO INCLUDEIS INPARTICIPATING REMOTELY INSENATE LEGISLATIVE PROCEEDINGS PURSUANT TO THE JOURNALREGULATIONS OFPROMULGATED BY THE DAY'SPRESIDENT PROCEEDINGSPURSUANT ANYTO RECORDEDSUBSECTION VOTE(aOF CASTTHIS BYRULE AHAS MEMBERTHE WHOSAME WASLEGAL PARTICIPATINGEFFECT REMOTELYAS INIF THE SENATEMEMBER WERE PHYSICALLY PRESENT IN THESENATE LEGISLATIVE PROCEEDINGS.PROCEEDINGS WHEN THE ACTION WAS TAKEN .

&THE lli1SECRETARY J·OF «THE ~SENATE LeroySHALL .INCLUDE IN THE JOURNAL OF THE DAY S PROCEEDINGS ANY RECORDED VOTE CAST BY A MEMBER WHO WAS PARTICIPATING REMOTELY IN THES ENATE LEGISLATIVE PROCEEDING.

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Markwell PRESIDENT OF SECRETA RY OF TH E SENATE TH E SENATE PA G E 4-SENATE RESO LU TIO N20-005