05/12/2003 11:06 AM House RLS

HJR 22-PATRIOT ACT AND DEFENDING CIVIL LIBERTIES                                                                              
                                                                                                                                
CHAIR ROKEBERG  announced that the  only order of  business would                                                               
be HOUSE  JOINT RESOLUTION  NO. 22, Relating  to the  USA PATRIOT                                                               
Act and to defending the Bill  of Rights, the Constitution of the                                                               
State of Alaska, and civil liberties.                                                                                           
                                                                                                                                
Number 008                                                                                                                      
                                                                                                                                
REPRESENTATIVE  McGUIRE  moved to  adopt  CSHJR  22, Version  23-                                                               
LS0924\I, Cook,  5/12/03, as the  working document.   There being                                                               
no objection, Version I was before the committee.                                                                               
                                                                                                                                
Number 015                                                                                                                      
                                                                                                                                
REPRESENTATIVE DAVID GUTTENBERG,  Alaska State Legislature, spoke                                                               
as the sponsor  of HJR 22.  Representative  Guttenberg noted that                                                               
he  and   Representative  Coghill  have  been   working  on  this                                                               
resolution.  In the House  Judiciary Standing Committee there was                                                               
an  amendment that  resulted in  an unfortunate  language change.                                                               
Version I clarifies  the language change.   He directed attention                                                               
to page 2, line 29-page 3, line 6.                                                                                              
                                                                                                                                
REPRESENTATIVE  COGHILL directed  attention to  page 2,  line 31,                                                               
and  pointed  out  that  the  language  "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".   The                                                               
aforementioned  was  really  what the  House  Judiciary  Standing                                                               
Committee  was attempting  to get  out.   Representative  Coghill                                                               
said that  the racial profiling  issue is  a sticky issue  and he                                                               
wanted to ensure that any  investigative activities would have to                                                               
be the result of the suspicion that it was part of the issue.                                                                   
                                                                                                                                
REPRESENTATIVE  GUTTENBERG,   in  response  to   Chair  Rokeberg,                                                               
specified that the  racial profiling section is a  rewrite of the                                                               
previous   version   regarding    when   it's   appropriate   and                                                               
inappropriate.                                                                                                                  
                                                                                                                                
REPRESENTATIVE  COGHILL  pointed  out that  the  House  Judiciary                                                               
Standing Committee  attempted to [address racial  profiling] with                                                               
the  language  "without  compelling justification".    Version  I                                                               
clarifies  under what  justification  [racial  profiling] may  be                                                               
used.                                                                                                                           
                                                                                                                                
CHAIR ROKEBERG  noted that there  is an intellectual  debate with                                                               
regard to  the topic  of racial  profiling and  what it  means to                                                               
people and how law enforcement undertake it.                                                                                    
                                                                                                                                
Number 089                                                                                                                      
                                                                                                                                
REPRESENTATIVE BERKOWITZ related that it  seems that the title of                                                               
this legislation  could leave  out the reference  to the  Bill of                                                               
Rights  and  the  Constitution  of  the  State  of  Alaska.    He                                                               
specified  that  he   didn't  want  to  open  the   door  to  any                                                               
constitutional amendments.                                                                                                      
                                                                                                                                
REPRESENTATIVE COGHILL  said that  it's his commitment  to ensure                                                               
that this resolution moves forward as  it is, and if any mischief                                                               
occurs, "we will throw the anchor on it."                                                                                       
                                                                                                                                
REPRESENTATIVE BERKOWITZ  remarked that  Representative Coghill's                                                               
commitment is good enough for him.                                                                                              
                                                                                                                                
CHAIR ROKEBERG  informed the committee that  the committee packet                                                               
includes a  document from Jennifer Rudinger,  Executive Director,                                                               
Alaska Civil Liberties Union.                                                                                                   
                                                                                                                                
Number 117                                                                                                                      
                                                                                                                                
REPRESENTATIVE  McGUIRE moved  to  report CSHJR  22, Version  23-                                                               
LS0924\I,  Cook,  5/12/03,  out   of  committee  with  individual                                                               
recommendations and  the accompanying  zero fiscal notes.   There                                                               
being no  objection, CSHJR  22(RLS) was  reported from  the House                                                               
Rules Standing Committee.