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Minutes for SB431 - Committee on Federal and State Affairs

Short Title

Directing the capitol preservation committee to approve plans for a memorial honoring Emil Joseph Kapaun.

Minutes Content for Wed, Feb 14, 2024

Jason Long, Office of Revisor of Statutes, gave an overview of the bill.  He stated SB431 directs the Capitol Preservation Committee to approve plans for a permanent memorial honoring Fr. Emil Joseph Kapaun.  The bill establishes the Emil Joseph Kapaun Memorial Fund for the purpose of receiving donations to finance the design and construction of the memorial.  No public funds will be expended for the memorial. (Attachment 1)

After a period of questions and answers, the Chairman called for proponent testimony.

Proponent Oral Testimony

Scott Carter, Coordinator, Fr. Kapaun Guild, spoke as a proponent of the bill.  He gave a background on the life of Fr. Kapaun, who was born on a farm in Pilson, Kansas in 1916, and after being ordained a Roman Catholic priest, served as an Army Chaplain in World War II and in the Korean War.  He was known for being a fearless soldier who risked his life to minister to the wounded, prayed with men in foxholes, said Mass on the battlefield, and buried the dead, enemy and ally, alike.  When the Chinese entered the war, his unit was attacked by combined communist forces, and after a  battle, were captured and marched to a prison camp. He spent seven months in the camp, until dying of pneumonia in inhumane conditions at the age of 35.  After the rescue of surviving prisoners of war (POWs) at the camp, they told of the many ways Fr. Kapaun had sustained and strengthened them.  He would slip out of camp in -20 degree weather to search for food for them, such as corn, salt, millet and soybeans, build fires, and sterilize melted snow for bathing and drinking.  He would pray with the men, no matter their religious affiliation, after their daily indoctrination by the Chinese against religion and capitalism.  After his feats of selflessness and bravery became known, and although already awarded the bronze star for bravery in battle, he was awarded the Medal of Honor in 2013, the highest award given to a member of the military.  Mr. Carter explained that his cause for Sainthood in the Catholic Church has begun, and that Fr. Kapaun's story, legacy and life is, and can be, a great inspiration to anyone who hears it, especially those in his home state of Kansas.  (Attachment 2)

Michael Grothoff, State Deputy, Kansas State Council of the Knights of Columbus, spoke as a proponent of the bill.  He gave an overview of the mission of the Knights, and how they are ready to increase awareness of plans for the memorial and aid in the the raising of funds for the project.  He stated that adding a statue of Chaplain Fr. Emil Kapaun to the statehouse demonstrates Kansas' commitment to the values this humble servant embodied. (Attachment 3)

David Mueller, Chairman, Marion County Commission, spoke as a proponent of the bill.  He stated Fr. Kapaun's hometown of Pilsen is located in Marion County, and his life story of selfless sacrifice for prisoners during the Korean war is an inspiration to us all.  He stated a memorial to recognize this heroic Kansan and tell his story in the Kansas Capitol is an incredible opportunity, and he encouraged the Committee to support this private effort.  (Attachment 4)

Matt Stiles, City Administrator, spoke as a proponent of the bill on behalf of Lou Thurston, Mayor, Hillsboro, Kansas.  He stated Fr. Kapaun's story is one of extraordinary heroism and compassion, and as a chaplain during the Korean War, he displayed immense bravery by tending to the spiritual and physical needs of his fellow soldiers, often risking his own life to provide comfort and aid on the battlefield, and in the POW camp.  He stated his impact continues to inspire generations, and by honoring him in the Capitol, we not only pay tribute to a true American hero, but also uphold the values or courage, compassion and selflessness that he embodied.  (Attachment 5)

Ray Emil Kapaun, Kapaun Family Spokesperson, spoke as a proponent of the bill.  He stated Fr. Emil was a priest, a soldier, a chaplain, a hero, but more than anything else, was a Kansas native through and thorough.  He had a love of the land, and never backed away from chores or difficult struggles, and saw them as blessings, but it was his love for others that set him apart.  He stated he got to know several of the POW's who were in the camp with Fr. Kapaun, and they all say the same thing; that he always took care of other's needs before his own, and would offer his own meager rations to a fellow POW even when he was starving himself.  He asked the Committee to support the effort to memorialize this great Kansan.  (Attachment 6)

Michael Kelly, Military Officers Association of America, spoke as a proponent of the bill.  He stated some of the most difficult days he spent in the military, was three days of training in the event of capture by enemy forces.  He said the enemy tries to break your will, and Chaplain Kapaun's will never failed.  He explained the four values of the Air Force, (which translate to the Army, in which Fr. Kapaun served), one of which is "Integrity First".  Fr. Kapaun was a noncombatant, and could have evacuated after a lost battle, but he stayed with the wounded who could not be moved, and knew he was going to be captured. Mr. Kelly stated that act of bravery embodied "Integrity First".  He explained that as Fr. Kapaun was being carried by fellow POW's to the Death House to die, he told them he wanted them to forgive their captors.  He said he appealed to the humanity of the people who were tormenting him, and he forgave them.  He said Fr. Kapaun is a moral giant, and we should never let his memory be stricken from this fine state of Kansas.  (Attachment 7)

Senator Rick Wilborn, District 35, spoke as a proponent of the bill.  He stated his written testimony includes a press release from the former Director of the CIA, Mike Pompeo, supporting this legislation, as well as a transcript of President Obama's comments when he awarded Fr. Kapaun the Medal of Honor.  He noted many past city, state, and federal bipartisan honors of Fr. Kapaun, and stated that he is a native Kansan, and an American hero.  He said our statehouse visitors and all elected Kansas leaders would profit from a daily reminder of his example made present before our eyes, gracing the halls of our state capitol. (Attachment 8)

Written Only Proponent Testimony

Chuck Weber, Kansas Catholic Conference (Attachment 9)

Congressman Jake LaTurner, District 2 (Attachment 10)

Ray Michael Dowe, Jr., US Army Col. (Ret), POW, private citizen (Attachment 11)

United States Senator Jerry Moran (Attachment 12)

Sedgwick County Board of County Commissioners - Ryan Baty, 4th District; Sara Lopez, 2nd District; Peter F. Meitzner, 1st District; David T. Dennis, 3rd District; Jim Howell, 5th District (Attachment 13)

Lee Tafanelli, Major General, US Army (Ret), private citizen (Attachment 14)

After a period of questions and answers, the Chairman called for neutral testimony.

Neutral Oral Testimony

Kelly McKeague, Defense POW/MIA Accounting Agency, spoke as neutral on the bill.  He stated his organization is charged with the sacred mission of searching for, recovering and identifying the remains of Americans missing from World War II through the Iraq Wars.  He said the story of Emil Kapaun is well-chronicled, especially the inordinate heroism, perseverance, selflessness, and charity he displayed during the Korean War, both on the battlefield, and in the POW camp where he died on May 23, 1951.  He explained the story of what led to the identification of his remains in 2021, and said Fr. Kapaun's inspiring story should be tangibly memorialized in the State Capitol. (Attachment 15)

Master Sergeant Eugene Bradley, on behalf of Michael Venerdi, Brigadier General, Kansas National Guard, Adjutant General, spoke as neutral on the bill.  He stated although they are neutral on the bill, any effort to honor and remember Chaplain Kapaun and his heroism and dedication to this fellow service members is a good thing for Kansas.  He stated that following his Medal of Honor Ceremony, Chaplain Kapaun was inducted into the Pentagon Hall of Heroes.  General Ray Odierno memorialized him, saying, "His fellow soldiers, for whom he gave his last dying breath, meant more to him than life."  (Attachment 16)

Roy Wenzl, Author, “The Miracle of Fr. Kapaun”, spoke as neutral on the bill.  He stated it is fitting to place a memorial in the state capitol building to war hero Father Emil Kapaun, because those elected to work here come to this building to lead people to a better life.  He said Fr. Kapaun, a farm kid from Pilsen, put on a dazzling clinic about how to lead desperate people to do things they emphatically did not want to do.  He inspired starving, shell-shocked men to feed and care for each other when every bodily instinct tempted selfishness, and helped them repeatedly defy Communist propaganda officers who tried to coerce them to denounce their own country.  He said he did this by modeling his leadership on Jesus' servant leadership. (Attachment 17)

Neutral Written Only Testimony

Justin D. Moody, Lt Col, ANG, Department of the Air Force (Attachment 18)

Opponent Testimony

None

After a period of questions and answers, the Chairman closed the hearing on SB431.

The Chairman called for the Committee's will on the bill.  Senator Blasi moved, seconded by Senator Petersen, to recommend SB431, favorably for passage.  Motion carried.