Legislature(1995 - 1996)
03/20/1995 05:10 PM House MLV
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* first hearing in first committee of referral
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= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
HOUSE SPECIAL COMMITTEE ON
MILITARY AND VETERANS AFFAIRS
March 20, 1995
5:10 p.m.
MEMBERS PRESENT
Representative Ivan M. Ivan, Co-Chairman
Representative Pete Kott, Co-Chairman
Representative Richard Foster
Representative Ed Willis
MEMBERS ABSENT
Representative Eldon Mulder
Representative Gail Phillips
Representative John Davies
COMMITTEE CALENDAR
* HJR 9: Requesting the governor to file suit in the United
States Supreme Court against the United States
government alleging violations of the civil rights of
Americans listed as prisoners of war or missing in
action in Southeast Asia, demanding that documents
concerning these individuals be released; and
requesting the other states to join in this suit.
PASSED CSHJR 9(MLV) OUT OF COMMITTEE
WITNESS REGISTER
REPRESENTATIVE JEANNETTE JAMES
Alaska State Legislature
State Capitol, Room 102
Juneau, AK 99801-1183
Telephone: (907) 465-3743
Position statement: Provided Sponsor Statement
SAM GRISWOLD, Legislative Secretary
Representative Jeannette James
State Capitol, Room 102
Juneau, AK 99801-1183
Telephone: (907) 465-3743
Position Statement: Provided information on HJR 9
PREVIOUS ACTION
BILL: HJR 9
SHORT TITLE: SUIT RE POWS & MIAS AGAINST U.S. & OTHERS
SPONSOR(S): REPRESENTATIVE(S) JAMES, Kubina, Therriault
JRN-DATE JRN-PG ACTION
01/16/95 18 (H) READ THE FIRST TIME - REFERRAL(S)
01/16/95 18 (H) MLV, STA, JUD
01/19/95 87 (H) COSPONSOR(S): KUBINA
03/15/95 757 (H) COSPONSOR(S): THERRIAULT
03/20/95 (H) MLV AT 05:00 PM CAPITOL 17
ACTION NARRATIVE
TAPE 95-6, SIDE A
Number 001
The House Special Committee on Military and Veterans Affairs was
called to order by Co-Chairman Pete Kott at 5:10 p.m. Members
present at the call to order were Representatives Ivan, Kott,
Willis, and Foster. Members absent were Representatives Mulder,
Phillips and Davies.
HMLV - 03/20/95
HJR 9 - SUIT RE POWS & MIAS AGAINST U.S. & OTHERS
Number 005
REPRESENTATIVE JEANNETTE JAMES, Sponsor, stated HJR 9 requests
the Governor to file suit against the U.S., and others, over
Prisoners of Wars (POWs) and Missing in Action (MIA) from Alaska.
There is continuing controversy concerning the presence of
American servicemen, who were listed as POWs or MIAs and may be
being held against their will in the Southeast Asian nations of
Vietnam, Laos, and Kampuchea (formerly Cambodia).
REPRESENTATIVE JAMES said the United Stated government has stated
that all of our POWs have been returned from Vietnam. A top
secret Vietnamese report, dated 1972, by General Tran Von Kwang,
Deputy Chief of Staff for the North Vietnamese Army, reported
that in September, 1972, Hanoi held 1,205 American prisoners.
Only 591 American Prisoners of War have been released under the
1973 Peace Settlement. There are two missing and unaccounted for
servicemen in Southeast Asia from Alaska.
REPRESENTATIVE JAMES said she requested that the Alaska State
Legislature hereby require the Governor of the state of Alaska,
on behalf of the people of this state, to file in the United
States Supreme Court a cause of action against the government of
the United States. Defendants in this suit would include the
Department of Defense and the intelligence agencies, the
ambassadors or other public ministers and consuls of the
governments of Vietnam, Laos, Kampuchea, Russia, and China,
alleging violation of civil rights of the people of Alaska.
Especially, alleging the violation of the right to life, liberty
and the pursuit of happiness of the following named citizens of
the state of Alaska, Thomas E. Anderson, United States Marine
Corp, Spenard; and Howard M. Koslosky, United States Navy,
Anchorage.
REPRESENTATIVE JAMES stated it is very distressing and she
understands the intention of putting closure of the POWs and MIA
issue, but there are real people out there that have not been
accounted for. The previous problems we have had in addressing
anything for POWs and MIAs is that the POW or the MIA themselves
are the only ones that has any standing in court. As they are
not here to stand for themselves, there has been nothing anybody
can do. She believes that we, as a state, can go before the
Supreme Court in representing the people from our state as an
interest of the state. She said available in her office is a map
of the United States that indicates which states have already
passed a resolution and the states that are currently in the
process of working on a resolution. She expects that a group of
states would join together in this law suit to pursue the POWS
and MIAS from this terrible war in Southeast Asia.
Representative James requested the committee to move the bill.
Number 098
CO-CHAIRMAN PETE KOTT asked if a sponsor substitute for the bill
has been introduced?
REPRESENTATIVE JAMES replied affirmative and the sponsor
substitute has been read across.
SAM GRISWOLD, Legislative Secretary to Representative James,
stated the sponsor substitute was not read across with the intent
that it would be transferred to a committee substitute (CS)
title, same bill but change the title.
Number 125
REPRESENTATIVE ED WILLIS made a motion to adopt the CS for HJR 9
based upon the language contained in the CS.
CO-CHAIRMAN KOTT asked if there were any objections to adopt the
committee substitute for HJR 9 numbered 9-LS0243\F. Hearing
none, the motion passed. The Committee addressed CSHJR 9(MLV).
REPRESENTATIVE RICHARD FOSTER made a motion to move CSHJR 9(MLV)
out of committee with the attached fiscal note and asked for
unanimous consent.
REPRESENTATIVE WILLIS stated, for the record, the American Legion
supports HJR 9.
CO-CHAIRMAN KOTT asked if there were any objections. Hearing
none, CSHJR 9(MLV) moved out of committee.
ADJOURNMENT
There being no further business to come before the House Special
Committee on Military and Veterans Affairs, Co-Chairman Kott
adjourned the meeting at 5:17 p.m.
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