HJR 51 - SUIT RE POWS & MIAS AGAINST U.S. & OTHERS Number 045 CHAIRMAN VEZEY, under bills previously heard, opened CSHJR 51 for discussion. He stated a the committee had a committee substitute prepared reflecting the amendments adopted April 16. CSHJR 51(STA) was before the committee. REPRESENTATIVE GARY DAVIS commented page 1, line 9, had been one of his concerns in the CSHJR 51(MLV). The language was changed. REPRESENTATIVE OLBERG noted page 1, line 12, the general's name was corrected to read "Kwang." He directed to the letter from the American Legion in the packet and said the four suggested amendments at the bottom had been adopted. Number 092 REPRESENTATIVE PETE KOTT asked if there had been discussion on April 16 as to what the Administration has done that would imply the state has taken this position. He referred to page 1, line 9. CHAIRMAN VEZEY answered he did not believe there was not anything indicating the U.S. government had taken this position. The phrase "implied" was inserted because he believed they had not taken an official position on the disposition of all POWs. REPRESENTATIVE KOTT commented general use of "implied" is the result of some type of action. He felt CSHJR 51 was saying the governmental action was in fact inaction. CHAIRMAN VEZEY clarified the committee interpreted "implied" is default, and not saying otherwise. (REPRESENTATIVE OLBERG left the meeting at 9:11 a.m.) Number 134 REPRESENTATIVE G. DAVIS directed to page 2, line 15, reading "WHEREAS the executive branch of the federal government has not even attempted to negotiate the release of Americans that may still be held in Southeast Asia and is not actively searching for remaining Americans;..." He was not comfortable agreeing with this statement, unless it was in fact the case. This was the amended language. (REPRESENTATIVE OLBERG rejoined the meeting at 9:12 a.m.) REPRESENTATIVE JEANNETTE JAMES, SPONSOR OF CSHJR 51, join the committee table to answer questions. She responded she did not know if there was justification for the statement on page 2, line 15. The problem is that when HJR 51 began certain conditions existed; however, there has been a lot of pressures since then. She had no objection to making the language more gentle. CHAIRMAN VEZEY responded the simplest way to do it would be to extricate it. REPRESENTATIVE JAMES stated from what she had heard in the news, the U.S. government is saying the search is over. She noted there had been testimony, however, which indicated some people were there looking for remains. They are not looking for live people only remains, according to the news. REPRESENTATIVE JAMES said as a side note there had not been testimony from Fairbanks on April 16 because the Legislative Information Office had been closed. Anchorage was also. (REPRESENTATIVE ULMER joined the meeting at 9:15 a.m.) CHAIRMAN VEZEY noted REPRESENTATIVE ULMER's arrival. Number 231 REPRESENTATIVE G. DAVIS moved to delete page 2, lines 15, 16 and 17. CHAIRMAN VEZEY, hearing no objection, passed the motion. REPRESENTATIVE KOTT observed page 1, line 9, and conveyed "implied" would be satisfactory to use. REPRESENTATIVE G. DAVIS clarified he understood "implied" meant implied by the makers of the resolution. CHAIRMAN VEZEY added he interpreted "implied" as it is implied to whomever wanted to listen. Not stated, but implied. REPRESENTATIVE KOTT agreed. He mentioned, based on the WHEREAS clause on page 2, lines 4-8, the committee could use the word "implied." There is an implication based on federal intelligence agencies. CHAIRMAN VEZEY indicated another committee substitute would have to be drawn up; however, he would consider a motion to move CSHJR 51(STA) reflecting the amendment out of committee. He emphasized it was very late in the session and he was sure it would not get another committee hearing. REPRESENTATIVE G. DAVIS moved to pass CSHJR 51(STA), as amended, from committee with individual recommendations. CHAIRMAN VEZEY, hearing no objection, passed the motion. MOTION PASSED