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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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