Legislature(1993 - 1994)

02/10/1994 05:00 PM House MLV

Audio Topic
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
txt
  Number 005                                                                   
                                                                               
  HJR 51 - SUIT RE POWS & MIAS AGAINST U.S. AND OTHERS                         
                                                                               
  WALT WILCOX, AIDE TO REPRESENTATIVE JEANNETTE JAMES, Prime                   
  Sponsor of HJR 51, stated that HJR 51 requests the Governor                  
  to sue the U.S. and some other foreign countries to find out                 
  where MIA's and POW's from Alaska are located.  He stated                    
  that Thomas Anderson, United States Marine Corps, and Howard                 
  M. Koslosky, United States Navy, are still not accounted for                 
  and he believes that the federal government has not told                     
  everything they know.  Mr. Wilcox asked if there were any                    
  questions.                                                                   
                                                                               
  Number 011                                                                   
                                                                               
  REPRESENTATIVE NAVARRE asked if the families of Thomas                       
  Anderson and Howard Koslosky had been contacted regarding                    
  this resolution.                                                             
                                                                               
  MR. WILCOX answered that he had not contacted them.                          
                                                                               
  REPRESENTATIVE NAVARRE asked if the reference to the                         
  "inferior courts" on page 2, line 20, meant the lower                        
  courts.  He noted that this seemed fairly negative.                          
                                                                               
  MR. WILCOX replied that this was what they are called and                    
  further stated that the court of jurisdiction was the                        
  Supreme Court, as noted in the resolution.                                   
                                                                               
  REPRESENTATIVE NAVARRE stated he believed that Senator                       
  Murkowski chaired the Military & Veterans Affairs Committee                  
  and was fairly active in attempting to report on what had                    
  happened to POW's & MIA's.  He stated he thought the whereas                 
  clause beginning on page 2, line 17, was a direct criticism                  
  on Senator Murkowski.                                                        
                                                                               
  REPRESENTATIVE NAVARRE also noted that on page 2, line 24,                   
  the resolution authorizes another suit against the federal                   
  government and he asked if anyone had assessed the                           
  likelihood of success of the suit and what the costs would                   
  be.  He also noted the resolution did not have a fiscal note                 
  and that a suit against the federal government would cost                    
  money.  Representative Navarre stated that the resolution                    
  ought to be referred to the Finance Committee so that the                    
  costs could be considered.                                                   
                                                                               
  Number 030                                                                   
                                                                               
  REPRESENTATIVE MULDER asked if Representative Navarre had                    
  any suggested amendments.                                                    
                                                                               
  REPRESENTATIVE NAVARRE suggested amending the bill on page 2                 
  to delete lines 17-19.                                                       
                                                                               
  MR. WILCOX stated that the sponsor would accept that                         
  amendment.  He stated that the point was there are 512                       
  people still unaccounted for, so the government has failed                   
  somewhere.  Mr. Wilcox requested that lines 17-19 on page 2                  
  be deleted.                                                                  
                                                                               
  REPRESENTATIVE NAVARRE moved the amendment.                                  
                                                                               
  REPRESENTATIVE MULDER asked if there was any objection to                    
  the amendment.  Hearing none, the amendment passed.                          
                                                                               
  Number 036                                                                   
                                                                               
  REPRESENTATIVE MULDER stated that he had the same question                   
  regarding a fiscal note for the bill.  He asked if the other                 
  states who had approved this type of legislation have                        
  recommended suit or authorized suit.                                         
                                                                               
  MR. WILCOX answered that the other states had recommended                    
  suit.  Mr. Wilcox further stated that this resolution                        
  respectfully requests the Governor to authorize suit and                     
  that the Governor does not have to do this if he so chooses.                 
  Mr. Wilcox stated that this was a nationwide effort among                    
  all 50 states.                                                               
                                                                               
  Number 044                                                                   
                                                                               
  REPRESENTATIVE KOTT asked Representative Navarre what his                    
  concerns were on page 2, line 21.                                            
                                                                               
  REPRESENTATIVE NAVARRE stated that he did not have any.                      
                                                                               
  Number 050                                                                   
                                                                               
  MR. WILCOX told Representative Navarre that he would not a                   
  oppose changing the word "inferior" on page 2, line 20, to                   
  "lower."                                                                     
                                                                               
  REPRESENTATIVE NAVARRE said that he would suggest that.                      
                                                                               
  REPRESENTATIVE MULDER asked Representative Navarre if he                     
  would like to offer that as an amendment.                                    
                                                                               
  REPRESENTATIVE NAVARRE replied that he would and moved the                   
  amendment.                                                                   
                                                                               
  REPRESENTATIVE MULDER stated that it had been moved that the                 
  committee amend page 2, line 20, to read "Whereas the lower                  
  courts of the federal judiciary . . ." and asked if there                    
  was any objection.  Hearing none, the amendment passed.                      
                                                                               
  Number 056                                                                   
                                                                               
  REPRESENTATIVE NAVARRE stated that he was concerned with                     
  this problem, but he really did not know enough about it                     
  because his only exposure on this was from the media.  He                    
  stated that he would not propose moving this bill out of                     
  committee because he did not feel he knew enough about the                   
  facts presented in this bill.                                                
                                                                               
  MR. WILCOX offered to provide Representative Navarre with                    
  further background.                                                          
                                                                               
  Number 066                                                                   
                                                                               
  REPRESENTATIVE MULDER stated that he thought the delegation                  
  has been good proponents for greater information, release                    
  and exploration for those unaccounted for in Southeast Asia.                 
  He further stated that his reasons for cosponsoring this                     
  legislation and scheduling it for a hearing is that while                    
  there are still individuals lost or unaccounted for, it is                   
  worthwhile in his mind to continue the pursuit of closure,                   
  not only for the affected families, but for the sake of the                  
  country as a whole.                                                          
                                                                               
  REPRESENTATIVE NAVARRE said that he was aware that when                      
  President Clinton opened trade relations with Vietnam he                     
  made comments that he was concerned with this problem and                    
  that this might help get more information on POW's and                       
  MIA's.                                                                       
                                                                               
  REPRESENTATIVE KOTT called the member's attention to lines                   
  1-3 on page 2.  He asked if the resolution was using the                     
  correct terminology in referring to Russia and Soviet Union.                 
                                                                               
  MR. WILCOX stated that the Soviet Union no longer exists and                 
  that Russia still exists as a state.                                         
                                                                               
  REPRESENTATIVE KOTT asked if the reference to "the president                 
  of Russia" on page 2, line 1, referred to the current                        
  president of Russia.                                                         
                                                                               
  MR. WILCOX replied that that was correct.                                    
                                                                               
  REPRESENTATIVE KOTT stated that since the resolution made                    
  reference to "General Tran Von Kwong" on page 1, line 12,                    
  maybe the resolution should also specify the president of                    
  Russia by name as well.                                                      
                                                                               
  Number 085                                                                   
                                                                               
  REPRESENTATIVE MULDER asked if it was President Yeltsin.                     
                                                                               
  MR. WILCOX stated that he did not remember.                                  
                                                                               
  Number 087                                                                   
                                                                               
  REPRESENTATIVE NAVARRE suggested that perhaps the committee                  
  could make a conceptual amendment to find the proper name of                 
  the president of Russia.                                                     
                                                                               
  Number 088                                                                   
                                                                               
  MR. WILCOX stated that the presidents of the Soviet Union                    
  are the ones that we are familiar with and that the                          
  presidents of Russia have been less well known.  He again                    
  stated that he did not recall what the name was.                             
                                                                               
  Number 089                                                                   
                                                                               
  REPRESENTATIVE MULDER asked if the sponsor would consider a                  
  friendly conceptual amendment to list that individual by                     
  name.                                                                        
                                                                               
  MR. WILCOX stated that Representative James would consider                   
  that a friendly amendment.                                                   
                                                                               
  Number 091                                                                   
                                                                               
  REPRESENTATIVE NAVARRE referenced page 2, lines 1-2,                         
  "...that the Soviet Union took members of the American armed                 
  forces into Russia..." and asked if that was the Soviet                      
  Union or Russia.                                                             
                                                                               
  MR. WILCOX replied that it stated that they were taken into                  
  Russia and also said that the sponsor would consider adding                  
  this to the conceptual amendment since there is some                         
  confusion over the proper names in that part of the world.                   
                                                                               
  Number  095                                                                  
                                                                               
  REPRESENTATIVE MULDER stated that it could be more clearly                   
  specified.  Representative Mulder said that there was a                      
  conceptual amendment made to page 2, lines 1 and 2, in                       
  relation to specifying who the president of Russia is and                    
  where exactly in Russia U.S. personnel were held.                            
                                                                               
  REPRESENTATIVE MULDER asked if there were any objections to                  
  the amendment.  Hearing none, the amendment was adopted.                     
                                                                               
  REPRESENTATIVE KOTT moved HJR 51 as amended from committee                   
  with individual recommendations.                                             
                                                                               
  Number 104                                                                   
                                                                               
  REPRESENTATIVE MULDER asked if there was any objection to                    
  moving HJR 51 as amended from committee.  Hearing no                         
  objection, HJR 51 was passed out of the committee.                           

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