SBQuinn 543

56:08
55:18
59:00 SB543 On legislative continuances

This is simply, as an attorney, I can't stand messy law, so this makes no real substantive changes because over the years things have been added put in places in this particular it was cumbersome to read we basically rewrote existing law

59:39 um under current law you are entitled to a legislative continuance for 15 days before a sessoin to 15 days after a session as well as committee meetings um there was some issue as to when you had to file that legislative continuance, the only thing that I changed the current law we were required to file a motion for legislative continuance within 5 days of the legislative session which is rather silly because you know when session is April 30th why make me wait until April 25th to file the motion for continuance why make our parties wait when we know months in advance um I think a year in advance actually when the session is going to be so I eliminated that five day window cause I thought it was rather silly, now you can file the motion for continuance at any time but you are still entitled to a legislative continuance 15 days before the session starts and 15 days after the session is over.

1:00 One of the staff members staff attorneys here had made a good suggestion to me under current law the judges have 72 hours after which to rule, her point was that if you file for a continuance a day before the hearing that enables the judge not to grant it until after the hearing so she suggested since I am fixing this, why don't I fix that also, I see her talking over there, I don't know if she has the language quite worked out yet, I tried to wait as long as I could

1:01 Representative Edwards may have a question to address.

1:91 Edwards Senator Quinn if we took I am looking at page 2 paragraph C which will be instead of within 5 calendar days or within 4 calendar days we said no later than that would I think take care of that that way you don't have the option of filing one day before the hearing you have to file 4 days or more

1:02 Not a bad thought, My only concern with that is committee meetings. I think there is probably a minimum of do you know is there any attorney on staff that knows ..

1:02 Edwards: I'm being told committee days in the interim you have ten days notice and the shortest amount of time to call a special session is 4 days.

Quinn My only other concern is to make sure there is no other time that we are are entitled to a legislative continuance except session extraordianry session and committee hearings... constitutional convention.. which would also have to be called 5 days in advance. I like your suggestion representative Edwards saying at a minimum within

Edwards no later than

Quinn no later than, if you want to offer that ammendment that's wonderful. And that really takes care of all of our concerns.

1:03 Edwards I want to offer one other amendment but the entire paragraph I was reading from okay so that paragraph would be reinserted as f1 ...Roberts got it Senator Quinn.

So you wish to offer that amendment Senator Edwards.

Yes and I do ...

1:03 Ukn Why don't you discuss the amendment that Senator Edwards is offering.

1:-03 Okay, what we are going to do, if you first look on page 4 at the bottom we have section E we are going to make that E1 and then if you go back to page 2 the language between lines 9 and 12 thats going to be E2 but it is going to read as follows "... see text..."

Any questions about the amendment?

Edwards When the court has to issue it right? The deadlines to file the motion should come before when the court orders.

Singletary (repeats earlier statement).

1:06 ... Quinn but that is going to come first E1

Rep Edwards offers that amendment.

There are two more technical amendments

Go ahead Ms. Braun

Page 5 We already had an E1 san {check out Quinn at this point}

Abramson {Compliments quinn}

1:08 The 60 day also applies to nonsession events, and I was just going to ask you why the 60 days When we are out of a session is there a need for something shorter

1:08 Quinn You are talking about the 15 day before and the 15 day after oh no, where are you saying 60 days

1:08 Abramson Page 5 line 5 it says " reads line" and C3 is basically when we are not in session but we might have a committee hearing or some other obligation which we haven't we can only do one thing at a time but this says the extension shall be for a period not less than sixty days and I just wanted to ask a question about that

1:08 That's a good point um and I have confirmed now twice today that this is when we are entitled to a legislative continuance and by the way its not just legislators its staff non attorney staff too I was surprised to learn but at any rate sessions both regular and extraordinary constintuational conventions so the only other time left is commitee meeting and I think you make a good point because in reality that was actually pushed to its extreme we would never have to go to court for anything which is not the intended consequence of this bill we don't need sixty days after every committee meetings so if you want to, if we want to play with that, now is the time and I am happy to take five minutes and see what we can do.

1:09 Abramson ... I.

1:09 Quinn 5 days, 10 days after a committee meeting, ... I mean, I know it takes time to prepare for the committee meeting which takes my time away from I need time after the committee meeting to prepare for going to court whatever you think is an appropriate time frame.

1:09 Abramson ... I don't know if I have a particular time frame I do htink 60 days particularly when we are out of session uh might be a little excessive at times. I don't know what it might be, a week, 5 days, 10 days, I don't have a proposed time period I am just suggesting we might shorten it

Okay, thank you Senator Edwards

1:10 Rep Edwards Senator Quinn, and I think this gets backto what Rep Abrhamson was talking about it appears to me that we could just omit that paragraph that runs through line 5 to 8 on page 5 because the only usage you are trying to pick up there that is not already provided for in the paragraph above it it appears to me are thos interim committee meetings.

1:10 Sen Quinn Let me think about that, but I would like cause I always found that confusing as well and our goal was to try to make this less confusing because it says somewhere else 15 days before the session 15 days after if we delete that though we need to provide for something for the committee it would be 15 days days before and 15 days after would be the continuance for a committee hearing and maybe that is
appropriate.

1:11 Rep Edwards I would just ask you to look at I thought maybe we could delete that paragraphbut if we do that there is nothing to cover that interim committee meeting.

1:11 Sen Quinn Not to my knowledge. Let me look. ... no there is no time period at all so that is why that is there I think 60 days is excessive ... maybe ten days?

1:12 Is that an amendment you would like to propose?

1:12 Rep Abramson We were just discussing that the current law is that you get a continuance for the day that you have a comitment for a committee out of session but there is nothing that gives you more than those particular days that day or those days that you are currently tied up in. I guess the suggestion was made that we just take out paragraph 2 all together.

1:12 Sen Quinn Then what happens for committee meetings then?

1:12 Rep Abramson The day that you are in committee you get a continuance.

1:12 Sen Quinn Tell me where, I am sorry I want to make sure I am reading this correctly.... during, I see.

1:13 Rep Abramson There is a concern that some of theses committee meetings require travel some legislators may take a day or part of a day to get home so we might be in a position to have something scheduled the very next day; to me a couple days; why don't we say three, we could change sixty days to three days.

1:13 Okay, were you proposing that as an amendment?

1:13 Rep Ambramson, Sen Quinn, do you have an objection to three days?

1:13 Sen Quinn No I don't

1:13 Rep Abramson Okay, yes.

Amendment voted on... to change 60 to 3. passed unanimously.

Other technical amendments to add.

1:14 Sen Quinn 3CX that we are changing is any constitutional convition.

The convetion is provided for in 2.

...

1:15 Sen Quinn Now is the time, I learned a long time to get my bill through I want to get my bill through, I want to be intellectually honest, now is the time to clean this bill up. The only thing that has come to my mind is regarding agency proceedings and I want to talk about that now because I would rather do that now than on the floor, I want to get a clean bill to the floor and non-controversial, for example, Board of Ethics comes to mind, particularly dealing with legislatures they oversee us when they have a problem and they are asking for all types of they ask for some very intensive information and very time consuming information and we know what our schedule is like here from sunup to sundown and I want to take a moment to make sure we are clear on what agencies and proceedings mean, what is an agency? and I realize this is my bill but this is something that I have not fleshed out and I welcome committee members input because it does concern me that it has never been tested but it is certainly problematic. I think we are all happy to cooperate with any agency particularly the Board of Ethics but it is very very difficult to do so when we are in the middle of session if not impossible ... is there a definition of agency... I am happy with leaving it the way it is and if we want to test it individually with those agencies when the time comes um unless somebody has a burning desire to place a definition of agency in this bill at the moment

...

Her concern and I concern is that we would not want the board of ethics to think that they were exempt from this, I can only tell you from personal experience that they do not think that they are subject to this.

Personally I was told that.

You seem very surprised to learn that this even existed um its created some real hardships so lets just leave it the way it is and we will just test it on an individual basis the only problem with testing on an individual basis they then believe that you have something to hide and you are being uncooperative with them when you are not you are just trying to do your job here at the legislature and make them happy at the same time and it is a nearly impossible task I can tell you that.

...

Burns Let me ask staff and perhaps I was hasty in adopting the amendment.

That was my understanding, pretty much any agency that would have subpoena powers

1:18 Quinn They have subpoena powers directly. I want you to know because we had that big arguement over Inspector General subpoena power that the board of ethics can issue a subpoena

1:18 Burns I know we have used agency as a general term before

1:19 Quinn So you are suggesting that if you receive a subpoena from the Board of Ethics you can invoke this particular um law and ask for a continuance until after session.

1:19 Quinn That goes over very big with them, let me tell you. laughing

1:19 Burns? I was told by staff and I was thinking on page 4 of line 10 the bill does cover and it is based on previous law it does cover civil case, criminal case and administrative proceeding I ... technical amdenment that i

1:19 Quinn That is fine, we will just leave it.

Abramsons comment on continuances...

Moved with amendments. Passed with amendments
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