Legislature(1993 - 1994)
04/02/1993 01:00 PM House JUD
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* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
HJR 27: DESECRATION OF U.S. FLAG Number 553 REPRESENTATIVE ED WILLIS testified on behalf of the HOUSE SPECIAL COMMITTEE ON MILITARY AND VETERANS AFFAIRS regarding HJR 27. He said that the committee had introduced the resolution at the request of various veterans' organizations around the state. An identical measure, SJR 9, was introduced in the Senate, he said. The resolution asked the U.S. Congress to pass a constitutional amendment prohibiting desecration of the U.S. flag, a step which would have to be ratified by a two-thirds majority of states, he said. REPRESENTATIVE PHILLIPS supported HJR 27, but had some questions regarding the language on page 2, starting with line 24. She asked why the bill referred to the "several states," instead of all the states. Number 596 WARREN CULVER, from the AMERICAN LEGION, said that the language matched language in a national resolution concerning flag desecration. REPRESENTATIVE PHILLIPS said that the phrase "several states" did not to her connote all the states, and that while she did not want to hold HJR 27 up, it would be clearer simply to say "all states." There followed general discussion on the relative merits and meanings of the words "several states" and "all states." Number 603 MR. CULVER testified in support of HJR 27. He said that the resolution did not interfere with constitutionally protected free speech. He said that the flag was a living, unifying symbol, representing freedom and hope. He said that burning and desecrating the flag slandered the service of people who had fought under it. He answered critics who opposed amending the Constitution by pointing out that the Constitution had been amended 46 times already. He cited an artistic display in Anchorage which had encouraged people to walk on a flag on the floor, which shocked veterans. MR. CULVER said that a national poll indicated that 70 percent of Americans believed that a flag amendment would not place freedom of speech in jeopardy. He said that so far, 28 or 29 states had asked Congress for a constitutional amendment on flag desecration and that Congress could act on the amendment if nine more states asked for the amendment. He cited Alaska's historical ties to the military. Number 711 REPRESENTATIVE PHILLIPS asked Mr. Culver to repeat the history of previous attempts to get similar legislation passed. MR. CULVER explained that the legislation had first been introduced last session as SJR 29 by Senator Zharoff, and passed through three or four committees, but died in the House. Number 732 REPRESENTATIVE PHILLIPS asked whether the bill had been introduced in only one previous legislative session. MR. CULVER answered in the affirmative. Number 735 REPRESENTATIVE GREEN MOVED PASSAGE of HJR 27 from the committee with individual recommendations, but said that he did not see a fiscal note for the resolution. MS. HORETSKI said that it had not been decided if HJR 27 needed a fiscal note. She said that it might be possible to have the Legislative Affairs Agency prepare a fiscal note. Number 752 CHAIRMAN PORTER said that he would consider as part of the motion that HJR 27 would have a zero fiscal note. He asked for objection and, hearing none, declared HJR 27 PASSED with individual recommendations. He then brought HB 231 to the table.
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