Legislation Document

BE IT RESOLVED, by the House of Representatives of the 153 ^rd General Assembly of the State of Delaware that the Rules of the House of Representatives be amended by making additions as shown by underline as follows:

RULE 66A. REMOTE PARTICIPATION IN A SPECIAL SESSION BY A MEMBER.

(a) As used in this rule:

(1) “Participate remotely” means to take part in a House session through electronic means as though physically present at the House session.

(2) “Special session” means a convening of the House to conduct business during any portion of the calendar year that does not fall between the second Tuesday in January and 5:00 p.m. on the last day of June. “Special session” includes a convening of the General Assembly under § 16 of Article III of the Delaware Constitution.

(b) The Speaker may authorize a member to participate remotely in a special session if a quorum of the House meets for the special session in a location established under § 5 of Article II of the Delaware Constitution.

(c) If a member desires to participate remotely, the member shall submit a written request to the Speaker not later than 2 hours before the House is scheduled to convene on the day of special session for which the member desires to participate remotely. The member shall include in the request the reason for the request. The Speaker shall provide a written response approving or denying the request.

(d) If the Speaker authorizes a member to participate remotely in a special session, the Speaker shall file the authorization with the Chief Clerk.

(e) If an authorization under subsection (d) of this rule is issued, a member authorized to participate remotely in a special session may participate through the use of any means of electronic communication by which all of the following occur:

(1) The identity of a member participating remotely is verified, and the actions of a member participating remotely are authenticated, in a manner satisfactory to the Speaker.

(2) During the special session, all participating members and the public are able to simultaneously hear or read the comments of a member who is recognized by the Speaker.

(3) The means of electronic communication used by the member participating remotely allows all participating members and the public to see the member when the member participating remotely is recognized. Provided however, that should technological failure or extenuating circumstances prevent the use of the camera or visual feature, a member may still participate remotely so long as the criteria in paragraphs (e)(1) and (e)(2) of this rule are met.

(f) All actions taken by a member participating remotely in a special session have the same legal effect as if the member was physically present.

(g) For the purposes of voting during a special session, a member participating remotely is able to vote as if the member was physically present.

(h) (1) To be recognized to speak by the Speaker, a member participating remotely shall use a technological function that enables the member to be recognized. If a technological failure occurs, the Speaker may adopt an alternative method for the member to be recognized.

(2) When a member participating remotely is recognized, the Speaker shall cause the member recognized to speak to be unmuted.

(3) On being recognized to speak, the member participating remotely shall restate the member’s name each time before addressing the House session.

(i) When one or more members is participating remotely, all votes must be taken by roll call.

(j) The Speaker shall interpret and apply all rules of the House that presume or require the physical presence or act of members in such a manner to accomplish the same purposes for which the rules were adopted.