Zoom Simulation 2020: TENTATIVE Rules

Welcome to the simulation! You are joining the abbreviated Zoom version of an old tradition, invented in the 1970s by Profs. Jerome Garris of Claremont McKenna College, Walter Zelman of Pitzer, and Daniel Mazmanian of Pomona.

IN READING THE FOLLOWING, KEEP IN MIND THAT THE INSTRUCTOR MAY CHANGE ANY RULE OR PROCEDURE AT WILL IN ORDER TO FINISH THE SIMULATION ON TIME.

Each participant will a current senator. Students will keep faith with their members' public views and operating styles.  Players should always ask themselves:  "What would the person I'm playing do in this particular situation?"  Players are, however, free to be more vigorous than their real-life counterparts. 

The two stages in the Zoom simulation are (1) committee markups, and (2) floor session. A debriefing may take place the Monday after the simulation.

In addition to the scheduled sessions, participants may use Zoom or other electronic means to hold party or committee caucuses. DIY: These caucuses do not require the participation of the instructor.

All bills must go via Google Docs or email to both party leaders and all members of the committee by 11:59 pm of the Saturday before simulation, to allow all members to study the proposals and consider amendments.  No bill reported out of committee may be longer than 10 pages (single-spaced, 12-point type on standard paper (virtual) with 1-inch margins).

In committee and on the floor, all voting will take place by show of hands or Zoom polling.  (The real Senate does roll calls, but time constraints rule out that method.)

Committee (Monday)

During markup, committees consider bills and engage in brief deliberations. The goal  is to have each committee vote out at least one final bill for consideration by the full Senate. Members may amend or rewrite any bill. The number and order of bills considered by the committee shall be by agreement of the chair and ranking member. Time is short, so the number of bills must be small.

The committee chair or the chair's designee shall preside over each committee, including markup and voting. The presiding officer shall maintain a semblance of parliamentary order.

Members should agree to markup procedure before they begin considering amendments. Such ground rules bring order to the consideration of bills.

For example, the committee may begin consideration of a bill in markup with the first title, or first section, and continue through the last title and last section. Alternately, they may consider amendments on a first-come, first-served basis and work until a bill can command a majority vote. Again, the aim is to report at least one bill to the Senate with whatever amendments the committee approves.

• Germaneness. The Senate and its committees may consider only those amendments that relate to the legislation. If the amendment in question does not fall within the area of the bill, it is subject to a point of order of "nongermaneness" and can be stricken. Whether an amendment is germane is determined by the presiding officer; that decision is subject to a vote, if called, by the full subcommittee or committee.  Under the circumstances, and like the real Senate, we shall avoid being hypertechnical about germaneness.
• Origin of Amendments. Any member of the committee can present an amendment to a pending bill as long as that amendment is germane. Amendments must be seconded.
• Quorum. In this simulation, a quorum requires at least a majority of the committee's members.  
• Recognition for Points of Order. If a member seeks recognition for a point of order, that member must be recognized. The member must then state the point of order succinctly, and it must relate to a suspected violation of rules upon which the chair must rule. Similarly, a member may seek to be recognized for a parliamentary inquiry, in which the member seeks to clarify the present status of debate, discussion, rights, or rules upon which that member is not clear and is seeking advice or a ruling from the chair at a later time. This course in only for a genuine inquiry, not messaging or partisan gamesmanship. A member may be ruled out of order by if the chair determines that the inquiring member does not seek to make a germane inquiry. Time is short, so the instructor will frown on dilatory tactics.
• Majority. All votes within the committee will require a simple majority of votes.

At the end of the markup session, the committee must vote whether to report the bill. The chair calls for a  vote and counts the yeas and nays. Here are some of the options the committee has in reporting a bill:

• Report the bill without amendment: the committee makes no changes to the text of the bill as introduced.
• Report the bill with one comprehensive amendment: the committee adopts what is called an amendment in the nature of a substitute (that is, it strikes all text after the enacting clause and substitutes the text of the amended bill approved by the committee).
• Report the bill with a series of discrete amendments: the committee may adopt multiple amendments.
• Order a clean bill reported: a clean bill is simply the original bill, along with the amendments adopted by the full committee, which is introduced again and assigned a new number.
• Report unfavorably or adversely: committees rarely report a bill adversely because it is easier simply to kill the legislation in committee. (This latter course is not an option in the simulation.)

To make a motion to report the bill (as amended), you would say, "Mr. Chairman (or Madam Chairman), I move that the committee report the bill (as amended). When the full committee has approved the motion, the bill is reported.

Floor Action (Wednesday)

In the final stage, all legislators debate and act on the measures reported by the committees.

The majority leader will name a member to preside over the full session of the Senate, acting as the President of the Senate Members will address the Presiding Officer as Madam or Mister President.

The Presiding Officer will maintain a semblance of parliamentary order and will rule on all parliamentary inquiries. The majority and minority leaders will jointly decide on any rules governing debate not specified in this document, subject to the instructor's approval. In the simulation, these rules will not be subject to objection.  The instructor will have the last word on any disputes.

The quorum required for conducting business on the Senate floor consists of at least a majority of all members.  (Past simulations included walkouts in attempts to deny a quorum.  Again, we do not have time for such tactics this year.)

Bills will come up sequentially, in whatever order the party leaders deem appropriate. The majority leader and minority leader shall negotiate a "unanimous consent agreement" for consideration of all bills providing for scheduling and amendment rules for each. The "unanimous consent agreement" will specify which amendments will be in order. Each bill will have a brief period of debate, evenly divided between majority and minority members.

The bills will be presented by a majority floor manager to be designated by the majority leader (it will usually be the chair of the relevant committee). As floor managers, the committee chair and the ranking minority member (or their designee) control the allocation of the debate time under the rule. Members of the committee get first preference, followed by other members of the Senate.

The presiding officer recognizes the majority and minority floor managers for debate. To begin debate time, the floor manager says: "Madam President (or Mr.  President), I yield myself such time as I may consume."

The majority floor manager, who introduces the bill, explains the bill, and begins the general debate, is followed by the minority floor manager. The Presiding Officer then alternates in recognizing the majority and minority floor managers, who then yield time to their partisan colleagues. Senate members are granted time in minutes or blocks of minutes. Majority and minority floor managers are responsible for monitoring usage of time. Members desiring to speak on the measure will arrange time in advance with the floor manager.

Debate expires at the end of the time allotted under the rule or when all requests for time have been honored, if earlier. To end debate time, the floor manager says, "Mr. President (or Madam President), I have no further requests for time and yield back the balance of my time."

At the end of the initial debate period, the amendment process starts. The amendments will come up according to the " unanimous consent agreement." The author of the bill can speak about the amendment for one minute.

After all debate and voting on amendments, the Presiding Officer announces that "under the rule, the previous question is ordered." Debate stops, and the Senate votes measure before it.

Final recorded votes take place on each measure as well as on major amendments. Passage of floor amendments shall be by simple majority.  Final floor passage of bills shall require 12 votes.

GENERAL DECORUM: SOME TIPS ON BEING A SENATOR

As participants in this legislative exercise, you and your colleagues will gain from the experience what you put into it. Stick to your role at all times and prepare carefully

•  You are always speaking to the chair.
•  A member must attract the chair's attention by saying "Mr. Chairman" (or "Madam Chairman") in committee, or "Mr. President" (or "Madam President") in full session.
•  Thus, remarks commonly begin with "Mr. (or Madam) Chairman" in committee, or "Mr. President" in full session.
•  Do not refer to your colleagues directly when addressing a committee or the chamber. For instance, if you wish to comment on the remarks of a colleague you would say, "Mr. (or Madam) Chairman, my distinguished colleague from Maryland has just said black is white and I would like to point out that . . . ."
•  To ask a question or to make a comment while another member is speaking, you would say, "Mr. (or Madam) Chairman, will the gentleman (gentlewoman) yield?"
•  You should refer to yourself as "I."
•  To signify the conclusion of your remarks: "I yield back the balance of my time."
•  To ask for clarification of the parliamentary situation: "A parliamentary inquiry, Mr. (or Madam) Chairman."
•  To do something not permitted by the rules: "I ask unanimous consent that . . . ."
•  To discuss or ask for clarification of a unanimous consent request: "Reserving the right to object . . . ."
•  To enforce a rule: "I make a point of order against on the grounds that . . . ."
•  The legitimate purpose of "a point of information" is to ask a question, not to inject one's view of the facts of a situation.
• Remember that time is short. Avoid dilatory tactics.

GUIDELINES ON 
PARLIAMENTARY PROCEDURE