COVID-19 Adaptations for State Legislatures Preparing for Legislative Session in a Pandemic The information in this document is based on information we have gathered from local news sources and directly from state legislative staff, as of December 1st, 2020. As many state legislatures are constantly changing their COVID-19 adaptation plans or have not released them yet, we will continue to update this document in order to remain up to date. General Trends • Most states have not finalized their plans for the 2021 session, battles between legislative and executive branches common • Most states fall under the categorization of “hybrid”, some in person activity allowed, remote voting also usually permitted • Few states are allowing public testimony during committee meetings • Few states are allowing lobbyists and the public at their capitol complexes • Bill upload schedule remains unchanged Our Analysis Across every state legislature, the 2021 session will be the most important in recent memory. States are facing issues ranging from congressional redistricting to budget deficits. But 2021 will also be a year when state legislatures will be the least accessible they have ever been. Nearly every state legislature has changed their format and adopted new technology to halt the spread of COVID-19. Legislatures were forced to rapidly adapt to COVID-19 in the 2020 session; many amended their constitutions to allow for remote voting, some canceled their sessions, while others met outside or in sports arenas. With more time to prepare, legislatures are planning even more adaptations for 2021, in the hopes of a smoother experience. In this essay we’ll provide an overview of the general trends in these changes, as well as a discussion of how government affairs professionals can adapt to new legislative procedures. The policy research team at Civic Eagle has identified three major trends in state legislatures’ response to COVID-19: • Most legislatures are allowing legislators to participate in person • Most legislatures are not allowing members of the public or lobbyists into their capitol complexes, • There is a large degree of uncertainty surrounding COVID-19 adaptations across legislatures. The first trend we will investigate is the fact that most state legislators will be performing their duties in person in 2021. However, among “in- person” states, even bastions of conservatism like Wyoming and Idaho have committed that their members will wear masks and social distance while at the capitol. One aspect of this trend that may be of interest to lobbyists and other policy professionals, is that to accommodate social distancing, many voting procedures have changed. For example, even though the Georgia legislature will be in person in 2021, the time allowed for voting has been extended to ensure that not all members are forced to vote at once. Additionally, almost all states have changed their laws to allow virtual and proxy voting, although this has not always gone smoothly. In short, lobbyists should expect that most state legislatures will allow legislators back to their capitols, but that lawmakers may be dealing with new and unfamiliar procedures everywhere. The second important trend in state legislature adaptations is that most states are not allowing members of the public or lobbyists to go to their capitol complexes, or testify in committee meetings. Members of the public will most likely testify virtually, but some states are also allowing testimony to be emailed in advance of a meeting. These changes will require lobbyists to adapt their outreach to keep up. While the power of in person meetings and capitol rallies may be diminished, letter writing campaigns and social media could now be considered more of a priority. Additionally, virtual meetings also have the benefit of transcending geography, allowing attendance from people who ordinarily wouldn’t be able to make it. Lobbyists should assume that they are preparing for a virtual session unless they hear otherwise, and to consider adapting their strategy accordingly. The third and final trend that we have observed among state legislatures is the general uncertainty surrounding the 2021 session. While we can give you our best guesses as to what will happen in each state legislature based on conversations with legislative clerks and local newspapers, very few states have finalized their 2021 plans. For example, South Dakota’s plan will not be approved until the first day of the session when lawmakers have a chance to vote on it. Many legislatures have also just elected new leadership earlier this month, and these leaders may try to change plans already set in place, or be responsible for creating plans from scratch. Additionally, changing rates of COVID-19 spread will continue to cause changes in the legislative process throughout the session. Lobbyists should make sure that the plans they develop for the upcoming legislative session are flexible and possible online. State Legislature Plans for 2021 Alabama Arkansas While much remains undecided about how As of November 17th, the Arkansas the AL legislature will conduct business in legislature is dealing with a COVID-19 2021, legislators will be in person, and the outbreak among its legislators. It currently public and lobbyists will be allowed at the allows lawmakers to hold meetings either capitol. at the capitol or virtually, although new restrictions are likely. • Session Dates: 02/02/21-05/18/21 • Contact information: 334-261-0500 • Session Dates: 01/11/21-03/12/21 • More information on AR Alaska California It is likely that Alaska’s legislature will not allow lobbyists or the public to enter the The CA legislature is pursuing a hybrid capitol, and that testimony will be virtual. strategy for its 2021 session. Voting and participating in meetings remotely is • Session Dates: January 19, 2021 - allowed, but some in person testimony is April 19, 2021 permitted, and legislators are allowed at • Contact information: 907-465-3725 the capitol. Arizona • Session Dates: 01/04/21-09/10/21 • Contact information: 916-319-2856 AZ is currently working on creating its COVID-19 guidelines. Some Colorado representatives will be allowed to vote While it is unclear how Colorado will virtually, and it is likely that the public and handle its main legislative session, lobbyists will be allowed at the capitol in guidelines for a special session beginning a more limited capacity, but it is unknown on November 30th have been released. how the legislature will handle testimony. These call for virtual interactions with the public and lobbyists, and urge legislative • Session Dates: January 11, 2021 - business to be conducted virtually “as April 23, 2021 much as possible.” • Contact information: 602-926-3032 • Session Dates: 01/13/21-05/13/21 • More information on CO Connecticut Georgia The Connecticut state legislature will be Though social distancing will be in place entirely virtual in 2021. Legislators will and voting time has been lengthened, the vote from their offices, and the public will GA legislature plans to proceed in person participate through video calls. for 2021. • Session Dates: 01/06/21-05/13/21 • Session Dates: 01/11/21-04/02/21 • More information on CT • Contact information: [email protected] Delaware Hawaii At the moment the DE capitol is closed to the public, but we have been unable We can confirm that Hawaii has not yet to reach the legislature or find other finalized plans for the 2021 session. information. • Session Dates: 01/20/21-05/09/21 • Session Dates: 01/12/21-06/30/21 • Contact information: 808-586-6400 • More information on DE Idaho Florida Mask wearing and social distancing will The Florida legislature does not convene be enforced, but otherwise, ID will hold its in full till March, so it will not release 2021 session in person. its COVID-19 guidelines until December 30th. However rules for its mini • Session Dates: 01/11/21-04/01/21 “organization session” that took place on • Contact information: November 17th can be found here. [email protected] • Session Dates: 03/02/21-04/30/21 Illinois We can confirm that Illinois has not yet finalized plans for the 2021 session. • Session Dates: 01/13/21- N/A • Contact information: 217-782-3944 Indiana Kentucky The Indiana legislature will still be We can confirm that Kentucky has not yet entirely in person. The House will meet finalized plans for the 2021 session. in a conference room in the Government Center to social distance, and visitors will • Session Dates: 01/05/21-03/30/21 be required to wear masks. • Contact information: 502-564-8100 • Session Dates: 01/11/21-04/29/21 Louisiana • More information on IN The LA legislature is pursuing a mostly Iowa in person strategy for the 2021 session. Lobbyists and members of the public are We can confirm that Iowa has not yet allowed at the capitol provided they follow finalized plans for the 2021 session. social distancing guidelines. However, certain meetings can be held virtually • Session Dates: 01/11/21-04/30/21 if needed (SB71), and testimony can be • Contact Information: submitted through email. [email protected] • Session Dates: 04/12/21-06/10/21 Kansas • Contact information: 800-256-3793 Much remains unclear about the Kansas legislature’s 2021 plans. However proxy voting and remote voting are Maine not permitted, so legislators will likely Maine will continue to follow its be in person. There will also likely be COVID-19 guidelines from their last restrictions on the public, lobbyists, and legislative session. These include: only testimony. allowing legislators and staff into the capitol, mandating face coverings and • Session Dates: 01/05/21-03/30/21 social distancing, and allowing legislators • Contact information: to attend meetings remotely. [email protected] • Session Dates: 12/02/20-06/16/21 • More information on ME Maryland Minnesota Legislators will be allowed to participate MN has yet to finalize plans for its 2021 in person, but the public and lobbyists will legislative session.
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