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Introduced Version

Senate Resolution 6 History
 

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Key: Green = existing Code. Red = new code to be enacted
SENATE RESOLUTION 6
(By Senators Trump, Woelfel, Plymale, Baldwin, Lindsay,
Jeffries, and Hamilton)
[Introduced February 11, 2021]
 
Adopting a special rule of order relating to the COVID-19
pandemic for the first regular session of the Eighty-Fifth Legislature.
Whereas, Pursuant
to the provisions of Article VI, Section 18 of the Constitution of the State of
West Virginia, the Eighty-Fifth Legislature organized on the thirteenth day of
January, 2021; and
Whereas, The
disease caused by the SARS-CoV2 virus (COVID-19) threatens the ability of
members to fulfill their constitutional duties; and
Whereas, The
Constitution of the State of West Virginia empowers each house of the
Legislature to determine the rules of its proceedings; and
Whereas, Due to
the COVID-19 pandemic, a special rule of order is necessary to allow for the
safe and continual operation of Senate floor sessions during the legislative
session; therefore, be it           
Resolved by the Senate:
That a special rule of order be adopted for
the first regular session of the Eighty-Fifth Legislature; and, be it
Further Resolved, That members
who have been diagnosed with COVID-19, notified of potential exposure to someone
diagnosed with COVID-19, or who have been determined by a physician to be at a
higher risk for developing serious complications from COVID-19 may designate
the Majority Leader or the Minority Leader to be their proxy and to vote on
their behalf: Provided, That the presiding officer may, if needed,
designate additional members from both the majority and minority to serve as
proxies. A member may act as proxy for more than one absent member. Voting by
proxy shall be limited to questions which arise on the floor of the Senate and
is not permitted in any standing committee, select committee, or subcommittee. Any
member seeking to designate a proxy shall make a written or electronic request
to the presiding officer and provide documentation of his or her diagnosis,
notification of potential exposure, or determination of being at a higher risk
no later than one (1) hour prior to the commencement of the floor session. Each
absent member, along with their designated proxy, shall be recorded in the
Journal. Personal health information related to a proxy voting request or
designation is exempt from public disclosure; and, be it
Further Resolved, That prior to the start of the
third order of business, the presiding officer shall announce all members who
are absent and have been approved to cast votes by proxy. During any division
of the body or when the yeas and nays are called for, and after the votes of
the members present have been counted or recorded, the presiding officer shall
recognize the Majority and Minority Leaders or any other designated proxy, who
shall announce the votes of each absent member for which they are authorized to
vote, and the result of the vote shall be recorded in the Journal; and, be it
Further Resolved, That the provisions of Rule 43 of
the Rules of the Senate shall apply to proxy voting; and, be it
Further Resolved, That a member who has designated
a member to act as proxy shall be counted as present for purposes of a quorum; and,
be it  
Further Resolved, That this special rule of order
shall only be in effect for the duration of the first regular session of the
Eighty-Fifth Legislature.


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