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.