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Enrolled HJR 22: 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.

00Enrolled HJR 22 01 Relating to the USA PATRIOT Act, the Bill of Rights, the Constitution of the State of 02 Alaska, and the civil liberties, peace, and security of the citizens of our country. 03 _______________ 04 BE IT RESOLVED BY THE LEGISLATURE OF THE STATE OF ALASKA: 05 WHEREAS the State of Alaska recognizes the Constitution of the United States as 06 our charter of liberty, and that the Bill of Rights enshrines the fundamental and inalienable 07 rights of Americans, including the freedoms of religion, speech, assembly, and privacy; and 08 WHEREAS each of Alaska's duly elected public servants has sworn to defend and 09 uphold the United States Constitution and the Constitution of the State of Alaska; and 10 WHEREAS the State of Alaska denounces and condemns all acts of terrorism, 11 wherever occurring; and 12 WHEREAS attacks against Americans such as those that occurred on September 11, 13 2001, have necessitated the crafting of effective laws to protect the public from terrorist 14 attacks; and 15 WHEREAS any new security measures of federal, state, and local governments 16 should be carefully designed and employed to enhance public safety without infringing on the

01 civil liberties and rights of innocent citizens of the State of Alaska and the nation; and 02 WHEREAS certain provisions of the "Uniting and Strengthening America by 03 Providing Appropriate Tools Required to Intercept and Obstruct Terrorism Act of 2001," also 04 known as the USA PATRIOT Act, allow the federal government more liberally to detain and 05 investigate citizens and engage in surveillance activities that may violate or offend the rights 06 and liberties guaranteed by our state and federal constitutions; 07 BE IT RESOLVED that the Alaska State Legislature supports the government of the 08 United States of America in its campaign against terrorism, and affirms its commitment that 09 the campaign not be waged at the expense of essential civil rights and liberties of citizens of 10 this country contained in the United States Constitution and the Bill of Rights; and be it 11 FURTHER RESOLVED that it is the policy of the State of Alaska to oppose any 12 portion of the USA PATRIOT Act that would violate the rights and liberties guaranteed 13 equally under the state and federal constitutions; and be it 14 FURTHER RESOLVED that, in accordance with Alaska state policy, an agency or 15 instrumentality of the State of Alaska, in the absence of reasonable suspicion of criminal 16 activity under Alaska state law, may not 17 surveillance, or detention; 18 organization, including library lending and research records, book and video store sales and 19 rental records, medical records, financial records, student records, and other personal data, 20 even if authorized under the USA PATRIOT Act; 21 review the intelligence information currently held by the state for its legality and 22 appropriateness under the United States and Alaska Constitutions and permanently dispose of 23 it if there is no reasonable suspicion of criminal activity; and be it 24 FURTHER RESOLVED that an agency or instrumentality of the state may not, 25 immigration matters, which are the responsibility of the federal government; 26 views, associations, or activities of any individual, group, association, organization,

01 corporation, business, or partnership, unless the information directly relates to an 02 investigation of criminal activities and there are reasonable grounds to suspect the subject of 03 the information is or may be involved in criminal conduct; 04 religion, ethnicity, or national origin as factors in selecting individuals to subject to 05 investigatory activities except when seeking to apprehend a specific suspect whose race, 06 religion, ethnicity, or national origin is part of the description of the suspect; and be it 07 FURTHER RESOLVED that the Alaska State Legislature implores the United States 08 Congress to correct provisions in the USA PATRIOT Act and other measures that infringe on 09 civil liberties, and opposes any pending and future federal legislation to the extent that it 10 infringes on Americans' civil rights and liberties. 11 COPIES of this resolution shall be sent to the Honorable George W. Bush, President 12 of the United States; the Honorable John Ashcroft, Attorney General of the United States; the 13 Honorable Frank Murkowski, Governor of Alaska; and to the Honorable Ted Stevens and the 14 Honorable Lisa Murkowski, U.S. Senators, and the Honorable Don Young, U.S. 15 Representative, members of the Alaska delegation in Congress.