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Relating to the USA PATRIOT Act, the Bill of Rights, the Constitution of the State
of Alaska, and the civil liberties, peace, and security of the citizens of our country.
BE IT RESOLVED BY THE LEGISLATURE OF THE STATE OF ALASKA:
WHEREAS the State of Alaska recognizes the Constitution of the United States
as our charter of liberty, and that the Bill of Rights enshrines the fundamental
and inalienable rights of Americans, including the freedoms of religion, speech,
assembly, and privacy; and
WHEREAS each of Alaska's duly elected public servants has sworn to defend
and uphold the United States Constitution and the Constitution of the State of Alaska;
and
WHEREAS the State of Alaska denounces and condemns all acts of terrorism,
wherever occurring; and
WHEREAS attacks against Americans such as those that occurred on September
11, 2001, have necessitated the crafting of effective laws to protect the public
from terrorist attacks; and
WHEREAS any new security measures of federal, state, and local governments
should be carefully designed and employed to enhance public safety without infringing
on the civil liberties and rights of innocent citizens of the State of Alaska and
the nation; and
WHEREAS certain provisions of the "Uniting and Strengthening America by Providing
Appropriate Tools Required to Intercept and Obstruct Terrorism Act of 2001", also
known as the USA PATRIOT Act, allow the federal government more liberally to detain
and investigate citizens and engage in surveillance activities that may violate
or offend the rights and liberties guaranteed by our state and federal constitutions;
BE IT RESOLVED that the Alaska State Legislature supports the government
of the United States of America in its campaign against terrorism, and affirms its
commitment that the campaign not be waged at the expense of essential civil rights
and liberties of citizens of this country contained in the United States Constitution
and the Bill of Rights; and be it
FURTHER RESOLVED that it is the policy of the State of Alaska to oppose any
portion of the USA PATRIOT Act that would violate the rights and liberties guaranteed
equally under the state and federal constitutions; and be it
FURTHER RESOLVED that, in accordance with Alaska state policy, an agency
or instrumentality of the State of Alaska, in the absence of reasonable suspicion
of criminal activity under Alaska State law, may not
(1) initiate, participate in, or assist or cooperate with an inquiry, investigation,
surveillance, or detention;
(2) record, file, or share intelligence information concerning a person or organization,
including library lending and research records, book and video store sales and rental
records, medical records, financial records, student records, and other personal
data, even if authorized under the USA PATRIOT Act;
(3) retain such intelligence information; the state Attorney General shall review
the intelligence information currently held by the state for its legality and appropriateness
under the United States and Alaska Constitutions and permanently dispose of it if
there is no reasonable suspicion of criminal activity; and be it
FURTHER RESOLVED that an agency or instrumentality of the state may not,
(1) use state resources or institutions for the enforcement of federal immigration
matters, which are the responsibility of the federal government;
(2) collect or maintain information about the political, religious, or social views,
associations, or activities of any individual, group, association, organization,
corporation, business, or partnership, unless the information directly relates to
an investigation of criminal activities and there are reasonable grounds to suspect
the subject of the information is or may be involved in criminal conduct;
(3) engage in racial profiling; law enforcement agencies may not use race, religion,
ethnicity, or national origin as factors in selecting individuals to subject to
investigatory activities except when seeking to apprehend a specific suspect whose
race, religion, ethnicity, or national origin is part of the description of the
suspect; and be it;
FURTHER RESOLVED that the Alaska State Legislature implores the United States
Congress to correct provisions in the USA PATRIOT Act and other measures that infringe
on civil liberties, and opposes any pending and future federal legislation to the
extent that it infringes on Americans' civil rights and liberties.
COPIES of this resolution shall be sent to the Honorable George
W. Bush, President of the United States; the Honorable John Ashcroft, Attorney General
of the United States; the Honorable Frank Murkowski, Governor of Alaska; and to
the Honorable Ted Stevens and the Honorable Lisa Murkowski, U.S. Senators, and the
Honorable Don Young, U.S. Representative, members of the Alaska delegation in Congress.
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