SR 1 — SENATE RULE CHANGES

SENATEA RESOLUTION 1ENACTING 55THAND LEGISLATURESUSPENDING -CERTAIN STATESENATE RULES TO ALLOW FOR REMOTE PARTICIPATION OF NEWMEMBERS MEXICOIN -THE FIRSTLEGISLATIVE SESSION,PROCESS 2021AND INTRODUCEDALLOW BYFOR LindaPUBLIC M.PARTICIPATION AND SAFETY DURING A DECLARED PUBLIC HEALTH EMERGENCY.

Lopez7 ThisWHEREAS, documenton incorporatesMarch amendments11, 2020, because of the spread of coronavirus disease 2019, the governor declared that havea beenpublic adoptedhealth duringemergency exists in New Mexico under the currentPublic legislativeHealth session.Emergency Response Act and invoked the governor's authority under the All Hazard Emergency Management Act;

Theand documentWHEREAS, isthe governor has renewed the declaration of a toolpublic tohealth showemergency due to the amendmentscontinued spread of coronavirus disease 2019 in contextNew Mexico, with more than one hundred forty-one thousand cases documented and isover notone tothousand bethree usedhundred fordeaths attributed to the purposecoronavirus ofdisease amendments.2019 pandemic through December 2020;

Aand RESOLUTIONWHEREAS, ENACTINGnumerous ANDorders SUSPENDINGhave CERTAINbeen SENATEissued RULESby TOthe ALLOWdepartment FORof hhealth REMOTEto PARTICIPATIONlimit OFthe MEMBERSspread INof THEcoronavirus LEGISLATIVEdisease PROCESS2019 ANDwithin gthe ostate, tincluding hrlimitations ALLOWon FORgatherings PUBLICof PARTICIPATIONmore ANDthan SAFETYfive DURINGpersons Aand DECLAREDrecommendations gon esocial idistancing; k PUBLIC HEALTH EMERGENCY.

h r i s h , t, WHEREAS, on March 11, 2020, because of the spread of e u g e b l e e h coronavirus disease 2019, the governor declared that a public n d d i = = o h health emergency exists in New Mexico under the Public Health l ] b ,d i a º e Emergency Response Act and invoked the governor's authority r i = r t e w d m a n o under the All Hazard Emergency Management Act;

and d m :

b e d s º o t n = .218864.4AIC January 21, 2021 (10:56am) s k m e e a n e d r e l u [ A d WHEREAS, the governor has renewed the declaration of a public health emergency due to the continued spread of coronavirus disease 2019 in New Mexico, with more than one hundred forty-one thousand cases documented and over one thousand three hundred deaths attributed to the coronavirus disease 2019 pandemic through December 2020;

and WHEREAS, numerous orders have been issued by the department of health to limit the spread of coronavirus disease within the state, including limitations on gatherings of more than five persons and recommendations on social distancing;

and WHEREAS, Article 4, Sections 1 and 5 of the constitution SR 1 Page 1 of New Mexico require the legislature to convene at the seat of government and on the third Tuesday of January;

and h WHEREAS, Article 4, Section 11 of the constitution of New u » r Mexico provides that each house may determine the rules of its t h g e l i procedures;

and h r i s WHEREAS, allowing for the functional presence and full h , e h participation of members by simultaneous, remote electronic t u g e b l e e , gh means during the current coronavirus disease 2019 pandemic in n d d i = = o h 2021 will help limit the risks to public health and safety l ] b ,d i a º r inherent in the gathering of a large number of people from e r = t e w d m a n o across the state in the state capitol;

and dWHEREAS, many :staff and members of the media that will be working in the state capitol will be required to be tested for coronavirus disease 2019 on a weekly basis, and senators will be strongly encouraged to do so in order to better ensure the safety of staff and members that may be present in the state capitol;

b r e t º o t n = .218864.4AIC January 21, 2021 (10:56am) s k m e - 2 - e a n e d r e l u [ A d WHEREAS, any staff and members of the media that will be working in the state capitol will be required to be tested for coronavirus disease 2019 on a weekly basis, and senators will be strongly encouraged to do so in order to better ensure the safety of staff and members that may be present in the state capitol;

and WHEREAS, the senate recognizes that the following rules may only be used during declared public health emergencies SR 1 Page 2 where health and safety require extraordinary measures be employed to prevent the spread of disease;

and h WHEREAS, all three branches of government have implemented u » r changes throughout the coronavirus disease 2019 pandemic to t h g e l i safely carry out their constitutional and statutory duties and h r i s provide services to the residents of the state via remote h , e h electronic means;

and t u g e b l e e , gh WHEREAS, Senate Rule 24-1 provides that the rules of the n d d i = = o h senate may be amended by a two-thirds' majority vote of the l ] b ,d i a º r members of the senate or by a majority vote of the members of e r = t e w d m a n o the senate upon the recommendation of the rules committee;

dNOW, mTHEREFORE, :BE IT RESOLVED BY THE SENATE OF THE STATE OF NEW MEXICO that the following new senate rules, effective for any sessions of the fifty-fifth legislature held in 2021 during the pendency of the coronavirus disease 2019 public health emergencies, be adopted to read:

b"4-1-1 rThe epresiding tofficer ºshall oensure tthat nall =members, .218864.4AICstaff, Januaryemployees 21,and 2021guests (10:56am)who sare kphysically mpresent ein -the 3senate -chamber efollow aproper nsocial edistancing, dincluding rby elimiting lthe unumber [of Apersons dphysically NOW,present, THEREFORE,ensuring BEthat ITthose RESOLVEDpersons BYwear THEa SENATEmask OF THE STATE OF NEW MEXICO that covers the followingmouth newand senatenose, rules,and effectivenot forconsume anyfood sessions of the fifty-fifth legislature held in 2021 during the pendencysenate ofchamber."; the coronavirus disease 2019 public health emergencies, be adopted to read:

"4-1-1and "6-1-1 The presidingsergeant officerat arms shall ensure that all SR 1 Page 3 members, staff, employees and guests who are physically present in the senate chambersgallery, senate committee rooms, rooms connected therewith, the senate lounge and the senate hallways shall follow proper social distancing, including by limiting the number of persons physically present,present and ensuring that those persons wear a mask that covers the mouth and nose,nose and not consume food in thethose senateareas."; chambers.";

and "6-1-1"7-1-1 TheA sergeantsenator at arms shall ensurebe thatconsidered allto members,be staff,present employees and guests who are physically present in theattendance senatefor gallery, senate committee rooms, rooms connected therewith, the senatepurposes loungeof hestablishing anda thequorum, senatedoing hallwaysbusiness shallor followvoting properduring sociala ufloor »session ror distancing,a includingcall byof limiting the numbersenate ofif tthe hmember gis e l i persons physically present andor ensuringparticipating thatby thosesimultaneous, hremote relectronic imeans sfrom personswithin wear a mask that covers the mouthcapitol and noseis hvisually ,present eas hconfirmed andby notthe consumepresiding foodofficer inof thosethe areas.";senate.

and t u g e b l e e , gh "7-1-1 A senator shall be considered to be present and in n d d i = = o h attendance for the purposes of establishing a l ] b ,d i a º r quorum, doing business or voting during a floor e r = t e w d m a n o session or a call of the senate if the member is d m :

b r e t º o t n = .218864.4AIC January 21, 2021 (10:56am) s k m e - 4 - e a n e d r e l u [ A d physically present or participating by simultaneous, remote electronic means from within the capitol and is visually present as confirmed by the presiding officer of the senate.

and "7-1-2 A senator shall be considered to be present and in attendance for the purposes of establishing a quorum, doing business or voting during standing committee meetings only if the member, as confirmed by the committee chair, is participating SR 1 Page 4 by simultaneous, remote electronic means and is visually present, or if participating by telephone is confirmed to be present by voice, whether the member is within the capitol or not.";

and "7-1-3 A senator who has tested positive for coronavirus h disease 2019 within ten days before or during a u » r session or who has actual knowledge of a person who t h g e l i has tested positive for coronavirus disease 2019 h r i s with whom the senator has been in SRCºclose personal h , e h contact»SRC SRCºclose contact, as defined by the t u g e b l e e , gh New Mexico department of health,»SRChealth, during that n d d i = = o h time shall inform the senator's respective floor l ] b ,d i a º r leader or whip.

SRCºThe»SRCFor SRCºFor floor esessions, rthe =senator tshall eeither wbe dexcused mor ashall nself-isolate ooutside sessions,the the»SRCcapitol senatorin shallthe eithercity of Santa Fe and participate by simultaneous, remote electronic means and be excusedvisually orpresent dor, mif :participating by telephone, confirm the senator's presence by voice.

b r e t º o t n = .218864.4AIC January 21, 2021 (10:56am) s k m e - 5 - e a n e d r e l u [ A d shall self-isolate outside the capitol in the city of Santa Fe and participate by simultaneous, remote electronic means and be visually present or, if participating by telephone, confirm the senator's presence by voice.

and "7-8-1 A senator who is participating by simultaneous, remote electronic means during a floor session and wishes to be recognized shall contact the SR 1 Page 5 presiding officer, who shall then add that member's name to the list of senators desiring to be recognized.";

and "7-19 Members of the senate, staff, employees and guests shall wear face masks covering the mouth and nose h when physically present in the senate, galleries, u » r lobby, senate committee rooms and rooms connected t h g e l i therewith.

Failure to do so shall constitute a h r i s violation of these rules, and violators are subject h , e h to disciplinary action and removal from the chamber t u g e b l e e , gh or committee room.

A senator removed from the n d d i = = o h senate chamber or committee room may participate l ] b ,d i a º r remotely from the member's office.";

and e"9-5-9 rMeetings =conducted tby esimultaneous, wremote delectronic mmeans ashall nbe ostaffed "9-5-9by Meetingsone conductedor more hosts to facilitate and allow participation by simultaneous,the remotecommittee, dexpert mwitnesses :and members of the public.

bThe rchair, ein tconsultation ºwith othe tranking nmember, =may .218864.4AICdetermine January 21, 2021 (10:56am) s k m e - 6 - e a n e d r e l u [ A d electronic means shall be staffed by one or more hosts to facilitate and allow participation by the committee,duration expert witnesses and members of thepublic public.comment allowed.

The chair SRCº , in consultation with the ranking member,»SRC may determine the duration of public comment allowed.

and "9-6-1 Notice of and the agendas for all standing committee meetings conducted by simultaneous, remote electronic means shall be posted at least twenty-SR four1 Page 6 twenty-four hours in advance of the meetings;

and "11-9-2 Electronic signatures may be used by sponsors to sign bills, resolutions or memorials or amendments h thereto.";

and g o t hr "11-21-1 Committee reports on a bill, resolution or memorial g e i k may be digitally signed and electronically h r i s transmitted from the committee to the chief clerk.";

h , t, and e u g e b l e e h "23-3-1 Accommodations for the press will be made in n d d i = = o h accordance with public health guidelines as outlined l ] b ,d i a º e by the legislative council service.";

and r"23-8-2 iIf =at rany ttime eduring wstanding dcommittee mhearings aor nfloor osessions "23-8-2the Iflive ataudio anyor timevideo duringstream standingfrom committeethe hearingsstate orcapitol dof mthose :sessions ceases to function, upon notice of the outage, the presiding officer shall immediately recess, subject to the call of the presiding officer, until the stream is able to resume.";

b e d s º o t n = .218864.4AIC January 21, 2021 (10:56am) s k m e - 7 - e a n e d r e l u [ A d floor sessions the live audio SRCºand»SRC SRCºor»SRC video stream from the state capitol of those sessions ceases to function, upon notice of the outage, the presiding officer shall immediately recess, subject to the call of the presiding officer, until the stream is able to resume.";

-SR 81 -Page »7 g o » r h t i k l i g t h s , e h t l i w l b l e e , gh n d l h = = b , a l º d i a r e r = , a t e d m a n o d m :