Legislature(2003 - 2004)

05/01/2003 03:35 PM Senate STA

Audio Topic
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
            HB  14-PERMANENT FUND ALLOWABLE ABSENCES                                                                        
CHAIR GARY STEVENS  announced HB 14 was heard  previously and the                                                               
committee was waiting for answers to several questions.                                                                         
JIM  POUND,  staff  to  Representative  Hugh  Fate,  advised  the                                                               
answers were  addressed in a  memo that had been  distributed. In                                                               
particular, the term  canon law was used as  an interpretation of                                                               
family so some more liberal definitions would not apply.                                                                        
SENATOR GRETCHEN GUESS  made reference to Tamara  Cook's memo and                                                               
asked why  the bill  didn't simply list  the family  members that                                                               
would  be  included  rather  than  use  canon  law,  which  is  a                                                               
confusing term.                                                                                                                 
CHAIR GARY  STEVENS asked Mr. Pound  if doing so would  present a                                                               
MR.  POUND reported  the term  canon  law was  used to  eliminate                                                               
CHAIR  GARY  STEVENS commented  he  thought  using the  term  was                                                               
confusing and he would support an amendment.                                                                                    
SENATOR GUESS made  a motion to adopt conceptual  amendment #1 to                                                               
delete the term "canon law"  and refer specifically to the family                                                               
members that are within the  second degree of kinship under canon                                                               
law.  This  would  include:   mother,  father,  sister,  brother,                                                               
grandfather,     grandmother,     son,    daughter,     grandson,                                                               
granddaughter,  uncle,  aunt,  niece, nephew  and  first  cousin.                                                               
There was no objection to amendment #1.                                                                                         
SENATOR GUESS  noted the  sponsor's memo  said the  original bill                                                               
was  drafted  solely to  address  the  terminally ill  and  life-                                                               
threatening  illness and  settling  an  estate weren't  included.                                                               
Because  life threatening  and terminal  illnesses are  both very                                                               
stressful, she questioned why he did that.                                                                                      
MR. POUND  said the  sponsor wanted  to address  terminal illness                                                               
and  when originally  drafted, the  others didn't  seem to  be as                                                               
The  bill evolved  from its  original  intent, which  was to  add                                                               
grandparent to the original language.  Grandparent was changed to                                                               
family member and perhaps that's part of the difficulty.                                                                        
SENATOR GUESS said there could  be a fine line distinguishing the                                                               
two and paragraphs (6) and (7) were inconsistent.                                                                               
CHAIR  GARY  STEVENS  asked  Mr.  Pound if  he  had  comments  on                                                               
proposed  amendment  #2  that  was   discussed  at  the  previous                                                               
MR.  POUND  was under  the  impression  that amendment  #1  would                                                               
address proposed amendment #2 as well.                                                                                          
SENATOR  GUESS  said the  issue  would  be guardianship  and  the                                                               
drafter would have to address the changes.                                                                                      
CHAIR  GARY STEVENS  noted  the next  committee  of referral  was                                                               
finance and the bill could be amended in either committee.                                                                      
SENATOR GUESS  commented the Finance  Committee is very  busy and                                                               
she would prefer amending the bill before passing it on.                                                                        
SENATOR FRED  DYSON noted a  meeting could  be called as  soon as                                                               
the amendment was drafted since the 24-hour rule was in effect.                                                                 
CHAIR GARY STEVENS held HB 14 in committee.                                                                                     

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