Legislature(2003 - 2004)
04/29/2003 01:42 PM Senate STA
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* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
HB 14-PERMANENT FUND ALLOWABLE ABSENCES
JIM POUND, staff to Representative Hugh Fate, paraphrased from
the sponsor statement.
HB 14 makes changes to existing statute and defines
the legal definition of family. Once passed into law,
the Permanent Fund Division of the Department of
Revenue will be able to clearly consider the family
through first cousins for the purpose of granting this
exemption.
By changing the language, a family member will be able
to provide care for a terminally ill family member in
their final days without being penalized by the state.
This expansion of existing language defines a legal
family member as related through blood to the second
degree, under the rules of canon law, marriage,
adoption, or guardianship.
This addition to existing language will show Alaskans
that we do believe the family is more than one or two
generations. The family is still the strongest single
unit that makes this state great, and we as
legislators need to acknowledge that by passing HB 14.
He noted there were several proposed amendments. When the House
amended the bill on the floor, the definition of family became
too broad. The amendments address that oversight.
SENATOR COWDERY asked if the definition of family member
included those involved in same-sex marriages and long-term non-
marriage relationships.
MR. POUND replied same-sex marriages are specifically not
included.
SENATOR COWDERY asked how divorced individuals would be
affected.
MR. POUND explained the bill uses canon law to define family,
which would affect members of a divorced family.
SENATOR COWDERY questioned the number of people that might be
impacted.
MR. POUND acknowledged he didn't know.
CHAIR GARY STEVENS informed members the discussion centered on
version \A.A and the proposed amendment was \AA.1.
SENATOR FRED DYSON expressed bewilderment.
CHAIR GARY STEVENS pointed to page 3, lines 3-5 and read,
"'family member' means a person legally related to the
individual through blood to the second degree of kindred
computed under the rules of canon law, marriage, adoption, or
guardianship." The proposed amendment would delete "marriage,
adoption, or guardianship" and insert "through blood, marriage,
or adoption" on line 5. It would also delete "blood" on page 3,
line 4 and insert "guardianship or,".
MR. POUND agreed.
SENATOR HOFFMAN noted that the phrase on page 2, line 7 "parent,
spouse, sibling, child, or stepchild;" was replaced with "family
member;" but wasn't changed in paragraph (6).
MR. POUND acknowledged it was an oversight.
SENATOR DYSON questioned whether there was discussion about
grandparents.
MR. POUND said the original bill was directed strictly toward
grandparents and during the House floor debate they expanded the
term to "family" in the event the definition of a family was
changed in the future.
SENATOR DYSON asked if it was Mr. Pound's understanding that
grandparents are included as family members through blood
relation to the second degree.
MR. POUND said second degree, without the amendments, stretches
to second cousin, which is part of the reason for the proposed
amendments. That expansion is greater than intended, but
grandparents are certainly included as written.
SENATOR DYSON asked how the amendment included grandparents.
MR. POUND replied it was based on canon law and the marriage
process. The canon law definition of marriage deals primarily
with three generations of the existing family.
SENATOR DYSON asked that it be part of the record that it is
clearly understood that the canon law concept includes
grandparents and that Representative Fate and the House of
Representatives is not against grandparents.
MR. POUND assured him that was correct.
CHAIR GARY STEVENS agreed that the term "canon law" didn't make
it clear that grandparents were included.
SENATOR GRETCHEN GUESS wasn't sure why the term canon law was
used. She then asked whether second cousins were included or
excluded.
MR. POUND advised second cousins would not be included if the
amendments were adopted.
SENATOR GUESS requested an explanation for using canon law.
CHAIR GARY STEVENS said he was interested in the explanation as
well.
MR. POUND replied Representative Kerttula wanted to use the term
to define family.
SENATOR DYSON suggested holding the bill so that Representative
Kerttula could offer an explanation for using canon law.
CHAIR GARY STEVENS agreed he wasn't comfortable passing the bill
from committee at that time.
SENATOR COWDERY had no objection.
SENATOR HOFFMAN asked that Mr. Pound also find out how many
people were affected currently and the projected number if the
bill were to pass. In addition, he asked how many members from
one family could qualify under the providing care provision.
MR. POUND pointed out page 2, line 11 makes it clear just one
person would qualify.
SENATOR GUESS said it wasn't clear that just one family member
could qualify.
CHAIR GARY STEVENS pointed out the bill didn't limit the number
of family members who could qualify to travel.
SENATOR GUESS added she would be interested to learn why
paragraph (7) was changed while (6) and (8) were not.
MR. POUND acknowledged it was an oversight due to the House
floor amendments.
CHAIR GARY STEVENS recapped the requested changes and held HB 14
in committee.
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