RREPORT: Member Meeting l December 9, 2020

Leaders’ Roundtable: Convening in the COVID Era

The Senate Presidents’ Forum continued its virtual meetings on Decem- ber 9, 2020, with a roundtable discussion of the states’ plans to ensure The Forum Welcomes that their coming legislative sessions are conducted in a safe and inclusive New Senate Participant manner. COVID-19 precautions cover a broad range, from surrounding members’ desks with Plexiglas cubes to moving meetings outdoors.

Discussion Sen. Jake Corman Incoming Senate President Sen. Bill Ferguson (President of the Senate, MD): Pro Tempore The Maryland Constitution requires that the Senate have (Pennsylvania) recorded in-person voting in Annapolis. Plastic pods have been installed around every member’s desk to provide isolation from aerosolized virus. Twice a week, rapid COVID testing is required for those on campus in order to identify those testing Reopening Plan positive and limit spread. Quarantine of exposed persons will be required if someone tests positive. Streaming technology was upgraded to ensure that constituents can participate remotely.

Sen. Jake Corman (Incoming Senate President Pro Tempore, PA): Since April 2020, no guests have been allowed in the Capitol, and staff have been required to have temperature checks, wear masks, and observe social distancing. However, members have the choice to wear or Sen. Bill Ferguson kindly shared Maryland’s extensive not wear masks when they attend the Senate in person. A temporary rule and detailed plan for holding has allowed meeting and voting by Zoom, and this rule has been extended a safe legislative session in through the end of the year, so members can attend on Zoom if they the new year. This valuable aren’t comfortable with exposure to those not wearing masks. Still, remote resource is available here for participation can be awkward during debates, Sen. Corman observed, reading and download: but members are getting accustomed to it. Committee meetings are Senate of Maryland 2021 held on the Senate floor where there is sufficient room to observe social Session Operations Plan (pdf) distancing. A challenge yet to be resolved is the requirement that the swearing-in of new senators must be done in person in January. RRREPORT: Member Meeting l December 9, 2020 2

Sen. Cathy Giessel (President of the Senate, AK): Alaska faces a significant challenge because most legislators can Pandemic Mitigation reach the capital only by airplane. The Capitol building is Strategies for State closed to the public. Temperature testing is required for Legislative Sessions members coming in, and each Senator may bring only one staff member. Additional safety proposals have included reducing • Building plastic pods around the length of sessions or restricting members from traveling home during each member’s desk sessions. However, finding short-term housing for members in the area is • Allowing electronic signatures a challenge, Sen. Giessel said. Many legislators are working from home, on bills to limit paper handling and leadership is currently determining what rules must be changed to • Convening outdoors enable remote sessions. Meanwhile, technology has been installed in • Taking only written—not six legislative offices around the state to tie into the Capitol and enable verbal—testimony remote participation. This technology will allow the Senate to conduct • Limiting the number of bills remote sessions and identify who was present and voting, as is required. being introduced Using chamber balconies Sen. Toni Atkins (Senate President Pro Tempore, CA): • to gain space for social California’s full-time legislature will hold its organizational distancing session this week to determine policies for safe sessions. Ensuring public access and Last year, we lost nine weeks of the session due to quaran- • participation by implementing tines. In March 2020, the Senate set up rules for the possi- new technologies bility of remote voting; however, the Assembly did not agree with this approach. Subsequently, when 10 members dined together and one of them tested positive for COVID, the Legislature’s Public Health Officer required them to be quarantined in hotel rooms. Staff scrambled to get appropriate technology in their hotel rooms to complete the session. For the upcoming session, vulnerable members can request remote voting. Three new members were sworn in remotely. Other strategies in- clude reducing the bill load; referring bills to only one committee; building pods to isolate members on the floor; requiring masks and temperature State legislatures are in the checks; and providing live-streamed and televised sessions. Sen. Atkins news as plans to hold safe noted that appropriate distancing is possible in the Senate Chamber, but legislative sessions next year are discussed. In preparation the larger Assembly is planning to meet in a sports center. for this meeting of the Senate Sen. Martin Looney (Senate President Pro Tempore, CT): Presidents’ Forum, we compiled Connecticut ended its Feb-May session early in March in recently published news articles response to the pandemic but held two special sessions on the subject of convening in over the summer for emergency legislation. The public is the COVID era. Please see the excluded from the Capitol, and members entering must pdf here for news as of Dec. 9, and watch State Updates on wear masks. The early weeks of the five-month session are likely to be our homepage for continued remote, and joint committees cannot meet in person until perhaps late in coverage. the session, if the vaccine makes it safe, Sen. Looney said. Other strategies include limiting the number of bills each legislator introduces, and limiting News Compilation: the number of members on the floor to include only leadership, the person Convening Safe Legislative sponsoring the bill, and the next person to speak on the bill. A tally board Sessions for voting has been installed in the Senate Chamber which allows members to vote from their offices in the Capitol. Sen. Ron Kouchi (President of the Senate, HI): Hawai’i faces a similar challenge to Alaska, as most members have to fly to the capital from neighboring islands. Hawai’i expe- rienced a cycle of in-person sessions: After someone tested RREPORT: Member Meeting l December 9, 2020 3

positive for the virus, the Capitol was shut down and (masks) and temperature checks, and presence on the the Legislature took a recess. The session resumed, but floor is limited to five people at a time. Sen. Harmon was suspended again when an additional positive test observed that, after a few days, people become occurred. less compliant with these restrictions and need Some changes to ensure greater safety and continu- reminders. The Capitol building is closed to the public ity for the Legislature include taking written testimony but live-streamed sessions allow people to observe only and allowing remote participation. Half the chairs the sessions and subsequently comment to their have been removed from meeting rooms to enable representatives. social distancing, and only five people at a time are allowed into the Chamber. Other members watch the proceedings on monitors outside on the lanai and take “After a few days, people become less compliant turns entering five at a time. Sen. Kouchi pointed out, with restrictions and need reminders.” “We realized we were violating protocol by allowing — Sen. Don Harmon people to return to the session if they had a negative test even after close contact.” Now a 10-day quarantine is required after close contact; so far, one member and Sen. Hanna Gallo (Chair, Senate three staffers had positive tests. Social distancing and Education Committee, RI): Lack of ven- masks are limiting spread when someone does get tilation in the Rhode Island State House infected. There is some discussion about shortening forced the Legislature to move to Rhode the session, Sen. Kouchi said, but there are many policy Island College, where spacious rooms decisions that the Legislature needs to be involved with can hold up to 500 people and allow proper social instead of having the Governor make the decisions distancing. The Legislature can suspend session for a independently. few weeks if needed for quarantine, and proxy voting is permitted if a senator cannot attend in person. Virtual Sen. J. Kalani English (Senate committee meetings will be held for this session, and Majority Leader, HI): The state’s Con- public participation will be enabled via WebEx. stitution allowed for remote participa- tion during “catastrophic events,” so Sen. Rodric Bray (Senate President legislators declared the pandemic a Pro Tempore, IN): Indiana’s session catastrophe at the start of session. “We have kept the begins January 4. Safety measures have rate of infections low because people have been com- been put in place including rearranging pliant with masks, distancing, and adherence to lock- chamber seating for proper spacing, downs,” said Sen. English. “Now we have to consider seating 20 senators in the balcony, and installing plastic the future; for example, how bills should be signed in separators. Committee meetings are spaced apart to a way that avoids having people touch documents.” avoid too many people in the Chamber simultaneously, and remote testimony to the committees is allowed. Sen. Don Harmon (President of Sen. Bray pointed out that it is essential to maintain pro- the Senate, IL): The Illinois Senate cess transparency and to allow access and input from all currently plans to return to in- stakeholders. Normally the session would finish by April person meetings in the spring. The 29, he said, but it may be extended to June in order to Constitution requires an organizational allow extra time in case quarantines become necessary meeting on January 13 “at the seat of government,” when/if members test positive. but in the case of “pestilence” the Governor can convene session someplace else; for example, on “It is essential to maintain process Zoom. The House and Senate did not agree to remote transparency and to allow access and input participation and remote voting. However, people from all stakeholders.” with vulnerabilities can vote remotely, while in-person — Sen. Rodric Bray attendance requires personal protective equipment RRREPORT: Member Meeting l December 9, 2020 4

Sen. Jeremy Miller (President of the will be similar to those from Spring 2020, including re- Senate, MN): The Legislature has to quirements for masks and social distancing, with staff renew the emergency powers granted prohibited from the floor. For live, in-person sessions to the Governor every 30 days, and this and voting, new cleaning and sanitizing procedures has driven a requirement for a session have been implemented. The legislative building is every 30 days. The hybrid model for the open only to members and a limited number of visi- Senate includes the option for a floor session vote and tors. Press conferences are being held in larger rooms debate in person, if chosen, or participation via Zoom to make social distancing possible, while committee or phone. The Zoom session is open to the public; meetings remain remote. however, the Capitol is closed to the public. Sen. Miller said legislators look forward to opening up as a vac- Sen. Peter Courtney (President of the cine becomes available. Senate, OR): Competing legal opinions on in-person versus remote sessions Sen. Mary Kay Papen (Senate are still being debated, reported Sen. President Pro Tempore, NM): The Courtney, but the Legislature consulted Capitol remains closed to the public, with experts in infectious diseases to determine best and most legislators are working from practices for how to convene. On January 11, the Sen- home. Zoom meetings are used for ate will meet to swear in new legislators. Otherwise, everything, including four days of Zoom meetings to committees are meeting virtually, and the Senate will develop the budget. Sen. Papen reported that the Sen- meet in person to debate the bills and then leave. ate met for two special sessions concerning the budget and allocations of CARES money. Senators met wearing Sen. Tom Alexander (Chair, Senate masks and observing social distancing. To date, two Labor, Commerce & Industry Senators have tested positive for COVID-19, but they Committee, and Chair, Senate HHS were not present at the meetings and did not infect Finance Committee, SC): Sen. Alex- others. The state’s Constitution requires the Legislature ander noted that the South Carolina to meet on the third Tuesday in January; but commit- Constitution requires in-person legislative meetings. tee meetings will be moved to the Convention Center Committee meetings will be conducted remotely, and to allow enough room for social distancing. Sen. Papen then senators will return to chambers after complet- indicated that this creates a transportation issue in ing their committee work. Proper precautions such as order to provide access for the public. wearing masks and social distancing will be observed.

Sen. Andrea Stewart-Cousins Sen. Lee Schoenbeck (Senate (Senate Majority Leader, NY): Since President Pro Tempore, SD): One New York shut down in March, the third of South Dakota’s 35 members Legislature has been operating remote- have had COVID, but many still resist ly for sessions, hearings, voting, and wearing masks, Sen. Schoenbeck swearing in. For in-person meetings, a limited number reported. However, the Senate has the of people are allowed on the floor, and masks are re- option to meet remotely. quired. In-person voting is staggered with two people at a time permitted entrance to vote NO, while YES votes can be entered remotely.

Sen. Phil Berger (Senate President Pro Tempore, NC): Sen. Berger noted that “we’re all in the same boat.” A ses- sion on January 13 is required by the Constitution, and it is likely that rules