By Illinois Radio Network
SPRINGFIELD – It’s not just the 177 Illinois state legislators who would need to come back to the Illinois State Capitol to vote on legislation during the COVID-19 pandemic.
Lawmakers would also need staff members, security and other personnel to return to conduct business.
Illinois state lawmakers haven’t been in session since the second week of March and no plans have been announced to convene session. They’ve got a budget to pass for the coming fiscal year and other issues some want dealt with.
“We’re going to have to face it,” said state Rep. Dan Caulkins, R-Decatur. “The governor can’t declare a budget. He can’t declare legislation. It’s very important. It can be done.”
Caulkins suggested having session take place in a Springfield convention center to allow for social distancing. Committee hearings could happen in the House or Senate Chambers to allow for more spacing.
University of Illinois politics professor Kent Redfield said coming back with social distancing guidelines in place may be a little tricky, even in opening session.
“They have to open the session,” Redfield said. “You certainly could do that with groups of ten and coming in and getting on the roll call. There certainly are workarounds in terms of this.”
One thing the legislature could come back to do is clear up the ambiguity of the governor’s power to keep the state’s economy locked down during a pandemic. Gov. J.B. Pritzker was asked why not call a special session, as he has the power to do, and have lawmakers wear masks so they can work and address such questions.
“They have the ability to come back and they would, and I assume, in fact it’s required, that they wear face covering when they do so,” Pritzker said, calling the legislature “essential.”
The governor’s modified stay-at-home order that now lasts through May 30 requires face coverings in public places where social distancing can’t be followed.
State Rep. Darren Bailey, who’s challenging the governor’s order in court, said since the legislature doesn’t seem poised to want to come back he’s working to have another co-equal branch of government chime in.
“The legislative system is held hostage by [House] Speaker [Michael] Madigan, by [Senate] President [Don] Harmon, so if they don’t want to do anything … we’ve got another avenue to bring justice and that will happen.”
Bailey vacated a temporary restraining order he won last week against the governor and still intends to push his case to the state Supreme Court.
But it’s still unclear exactly how the legislature will come back to officially vote on anything, including a spending plan for the coming budget year that starts this summer.
Redfield said whatever happens could be challenged “if someone wanted to make the case that this is not complying with what the constitution requires for conducting the legislative process.”
State Sen. Robert Martwick, D-Chicago, said it’s a tough question to answer. But it’s not just how to legislate. He said when lawmakers show up, there could be demonstrators advocating for certain causes.
“We’ll have to find another way to allow democracy to function and let people have their say without putting them in a situation where people’s lives are at risk,” Martwick said.
No plans have been announced to convene session.
Some functions of the Illinois Legislature are gearing up to head back to Springfield.
A memo to legislators from the House Speaker’s chief of staff on Monday said a small number of employees will be returning to their offices to restart activities. Limits to the number of staff will be maintained, as will social distancing and face coverings.
The legislature has until May 31 to pass a budget with simple majorities. After that deadline, the vote threshold becomes more difficult to achieve for the spending plan that begins July 1.
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