03/05/1998 08:02 AM House STA

HJR 59 - DESECRATION OF U.S. FLAG                                              
                                                                               
Number 0240                                                                    
                                                                               
CHAIR JAMES announce the next order of business is HJR 59, Relating            
to an amendment to the Constitution of the United States                       
prohibiting desecration of the Flag of the United States, sponsored            
by Representative Pete Kott.                                                   
                                                                               
Number 0245                                                                    
                                                                               
JAMES HORNADAY, Legislative Assistant to Representative Pete Kott,             
testified on behalf of Representative Kott.  He said fiscal notes              
are not required on house joint resolutions, but one is in progress            
because if HJR 59 passes and becomes law, it would require putting             
it on the ballot.  He read the following sponsor statement:                    
                                                                               
"This resolution authorizes the Congress of the United States to               
present a constitutional amendment to the United States that would             
authorize Congress to prohibit the physical desecration of the                 
flag.                                                                          
                                                                               
"The flag has long been enshrined as the symbol of what is right               
with America and is a most worthy emblem of our nation.  The law,              
as interpreted by the United States Supreme Court, we believe no               
longer accords to the Stars and Stripes the reverence and respect              
befitting the banner of our noble experiment of a nation state,                
which Lincoln called our 'last, best hope of mankind.'                         
                                                                               
"The resolution supports Congressional House Resolution 54 or                  
Senate Joint Resolution 40, in the United States Congress,                     
providing Congress the authority to prohibit the physical                      
desecration of the flag."                                                      
                                                                               
MR. HORNADAY said, "We realize that there are strong positions held            
on both sides of this position and we certainly respect those who              
disagree.  That's a very important part of America and the free                
marketplace of ideas to express your opinions."                                
                                                                               
MR. HORNADAY read Senator Stevens' news release dated February 4,              
1998:                                                                          
                                                                               
"Noting that Alaskans are strong in their belief that our flag                 
should not be desecrated, Stevens said, "The power to amend the                
Constitution demands a cautious respect.  It is a considerable                 
power - one that has helped to chart the course of our history.  We            
should not jump into headlong amendments.  But we should not be                
afraid to act on our beliefs, either.                                          
                                                                               
Number 0281                                                                    
                                                                               
"The Supreme Court has given us a choice.  We can accept that the              
First Amendment allows the desecration of America's flag, or we can            
change the law to prevent it.                                                  
                                                                               
"The Senator pointed out that 48 states had laws preventing flag               
desecration before those laws were struck down in a Supreme Court              
decision.                                                                      
                                                                               
"For those who serve overseas, in peacetime as well as conflict,               
the flag serves as a special reminder and symbol of the freedom of             
Americans enjoy more than any other nation. ... I remember the day             
the 49th star was pinned on our flag.  It was one of the proudest              
moments of my life."                                                           
                                                                               
MR. HORNADAY indicated a similar resolution was passed in 1993 that            
was signed by the governor.  He stressed that it is necessary to               
bring this up again because recent resolutions have passed in the              
Senate, and in Congress.                                                       
                                                                               
Number 0296                                                                    
                                                                               
REPRESENTATIVE HODGINS made a motion to move HJR 59 from the House             
State Affairs Standing Committee.                                              
                                                                               
Number 0299                                                                    
                                                                               
REPRESENTATIVE ELTON asked about the fiscal note that was                      
mentioned.                                                                     
                                                                               
CHAIR JAMES referred to Mr. Hornaday's statement that there has to             
be a fiscal note attached because it has to go to the voters.                  
Chair James noted it does not, the resolution will be forwarded to             
congress.                                                                      
                                                                               
MR. HORNADAY indicated he was advised by the Administration that               
generally no fiscal note is needed, but HJR 59 may need one.                   
                                                                               
CHAIR JAMES stated she did not believe so, but that could be                   
checked into.  Hearing no objection, HJR 59 moved from the House               
State Affairs Standing Committee.