05/13/2003 01:40 PM Senate STA

        HJR 22-PATRIOT ACT AND DEFENDING CIVIL LIBERTIES                                                                    
                                                                                                                                
SENATOR JOHNNY  ELLIS, sponsor of  SJR 15, stated  his resolution                                                               
was superceded  by action in  the House.  He described this  as a                                                               
bi-partisan effort that makes a strong statement.                                                                               
                                                                                                                                
JOMO STEWART, staff to Representative  David Guttenberg, said the                                                               
original resolution  was put through  quickly after  September 11                                                               
and a number of the  provisions seriously undermine liberties and                                                               
civil  rights.  There is  a  growing  groundswell throughout  the                                                               
country to have  the Act reviewed and  perhaps amended. Currently                                                               
there is  a move to take  out some of the  sunset provisions that                                                               
are in  the Act  and there is  also a Patriot  Act II  that would                                                               
expand  on  some  of  the  surveillance  provisions.  This  would                                                               
support  Representative Don  Young  in his  effort  to amend  the                                                               
legislation.                                                                                                                    
                                                                                                                                
CHAIR GARY  STEVENS announced  it was his  intention to  move the                                                               
resolution out of the committee that day.                                                                                       
                                                                                                                                
JOHN BRADING testified via teleconference in support of HJR 22.                                                                 
                                                                                                                                
FRANK TURNEY testified via teleconference in support of HJR 22.                                                                 
                                                                                                                                
TAPE 03-31, SIDE A                                                                                                            
5:10 pm                                                                                                                       
                                                                                                                                
SCOTT CALDER  testified via teleconference  in support of  HJR 22                                                               
although  he  noted  he  didn't  agree  with  removing  the  term                                                               
"probable cause" as  the criteria and replacing it  with the term                                                               
"reasonable suspicion."                                                                                                         
                                                                                                                                
JODI OLMSTEAD testified via teleconference in support of HJR 22.                                                                
                                                                                                                                
GRAHAM STOREY  from Nome testified  via teleconference to  say he                                                               
did not  support HJR 22. Citizens  may gather in groups  and they                                                               
may  criticize  their  government.  He urged  Alaska  to  pass  a                                                               
resolution  in  support  of  the  right not  to  be  attacked  by                                                               
terrorists.                                                                                                                     
                                                                                                                                
JENNIFER  RUDDINGER,  Executive  Director  of  the  Alaska  Civil                                                               
Liberties Union   (ACLU), testified  via teleconference  that the                                                               
ACLU supports HJR 22 including the words "reasonable suspicion."                                                                
                                                                                                                                
MR.  TIMOTHY BURGESS,  U.S. Department  of  Justice attorney  for                                                               
Alaska said he  found out about the hearing  the previous evening                                                               
from Senator Guess. He stated:                                                                                                  
                                                                                                                                
     One of the responsibilities of  my office is to enforce                                                                    
     federal  law, including  the Patriot  Act, so  I was  a                                                                    
     little concerned  to make sure  that both sides  of the                                                                    
     story  in  regard to  this  act  and what  the  federal                                                                    
     government is  doing in conjunction with  our state and                                                                    
     local  colleagues  is  brought  before  your  committee                                                                    
     before this resolution  is passed. I think  there are a                                                                    
     lot  of misconceptions  being  offered  about what  the                                                                    
     Patriot Act does or doesn't do  and that is part of the                                                                    
     concern  I  have.  I  think,  for  instance,  there  is                                                                    
     concern that  under the Patriot Act  federal agents are                                                                    
     now able  to review  library records and  books checked                                                                    
     out  by U.S.  citizens.  If you  read  the act,  that's                                                                    
     absolutely not true.  In order to do  that, agents have                                                                    
     to get a court order  approving their looking for those                                                                    
     records. It can't  be for U.S. citizens.  It can't even                                                                    
     be for  domestic crimes or  domestic terrorism.  It has                                                                    
     to  be   in  regard   to  an   international  terrorism                                                                    
     investigation after  a court approves us  seeking those                                                                    
     records.  So,   that  just   highlights  some   of  the                                                                    
     misconceptions that  are being, I think,  used in order                                                                    
     to support resolutions such as this.                                                                                       
                                                                                                                                
     I'm also concerned, for  instance, with the suggestion,                                                                    
     as  I  read it,  from  this  proposed resolution,  that                                                                    
     state   employees   can't    cooperate   with   federal                                                                    
     authorities unless  there is a reasonable  suspicion of                                                                    
     a violation of  Alaska law. Well there are  a number of                                                                    
     differences  between Alaska  law  and  federal law  but                                                                    
     there  may well  be criminal  activity that  concerns a                                                                    
     federal  law  related  to terrorism  and  I  think  one                                                                    
     reading of  this proposed resolution might  chill state                                                                    
     employees   from   cooperating   with   their   federal                                                                    
     colleagues  in  trying  to  prevent  another  terrorism                                                                    
     incident. So,  those are a  few of the concerns  I have                                                                    
     and if, Mr.  Chairman, if you or the  other Senators at                                                                    
     some point  would like  additional information  from me                                                                    
     I'd  be happy  to provide  that. I  didn't prepare  any                                                                    
     formal testimony  today because  I wasn't  really aware                                                                    
     that this was  going to be considered today.  But, I am                                                                    
     concerned  that  the  Senate   reach  out  to  the  law                                                                    
     enforcement  community,  which   is  charged  with  the                                                                    
     responsibility   for   preventing   another   terrorism                                                                    
     incident like happened in September of 2001.                                                                               
                                                                                                                                
                                                                                                                                
RYNNIEVA MOSS, aide to Representative John Coghill, said she                                                                    
wanted to address several issues:                                                                                               
   · The resolution says state resources would not be used to                                                                   
     enforce federal law, but that doesn't mean the state                                                                       
     couldn't or wouldn't cooperate in an investigation.                                                                        
   · Congressman Don Young is planning to introduce legislation                                                                 
     to remove some of the provisions of the Patriot Act.                                                                       
   · During the Revolutionary War, Benjamin Franklin said, "They                                                                
     that can give up essential liberty to obtain a little                                                                      
     temporary safety deserve neither liberty nor safety."                                                                      
                                                                                                                                
SENATOR DYSON made a motion to move CSHJR 22(RLS) and attached                                                                  
fiscal note from committee with individual recommendations.                                                                     
There being no objection, it was so ordered.