Legislature(2003 - 2004)
05/12/2003 11:06 AM House RLS
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ALASKA STATE LEGISLATURE
HOUSE RULES STANDING COMMITTEE
May 12, 2003
11:06 a.m.
MEMBERS PRESENT
Representative Norman Rokeberg, Chair
Representative Pete Kott
Representative John Coghill
Representative Lesil McGuire
Representative Carl Morgan
Representative Ethan Berkowitz
Representative Beth Kerttula
MEMBERS ABSENT
All members present
COMMITTEE CALENDAR
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.
- MOVED CSHJR 22(RLS) OUT OF COMMITTEE
PREVIOUS ACTION
BILL: HJR 22
SHORT TITLE:PATRIOT ACT AND DEFENDING CIVIL LIBERTIES
SPONSOR(S): REPRESENTATIVE(S)GUTTENBERG
Jrn-Date Jrn-Page Action
04/02/03 0737 (H) READ THE FIRST TIME -
REFERRALS
04/02/03 0737 (H) STA, JUD
04/07/03 0830 (H) COSPONSOR(S): CRAWFORD
04/23/03 1078 (H) COSPONSOR(S): KERTTULA
05/06/03 1345 (H) STA RPT 3DP 3NR
05/06/03 1345 (H) DP: SEATON, GRUENBERG,
WEYHRAUCH;
05/06/03 1345 (H) NR: HOLM, LYNN, DAHLSTROM
05/06/03 1345 (H) FN1: ZERO(LAW)
05/06/03 (H) STA AT 8:00 AM CAPITOL 102
05/06/03 (H) Moved Out of Committee --
Recessed to 5:30 PM --
MINUTE(STA)
05/08/03 1479 (H) FIRST COSPONSOR(S): COGHILL
05/09/03 1522 (H) COSPONSOR(S): HOLM, MCGUIRE
05/09/03 (H) JUD AT 1:00 PM CAPITOL 120
05/09/03 (H) Moved CSHJR 22(JUD) Out of
Committee Recessed to a call
of the Chair
MINUTE(JUD)
05/10/03 1532 (H) JUD RPT CS(JUD) NT 7DP
05/10/03 1532 (H) DP: SAMUELS, HOLM, GARA, OGG,
05/10/03 1532 (H) GRUENBERG, ANDERSON, MCGUIRE
05/10/03 1532 (H) FN1: ZERO(LAW)
05/12/03 1555 (H) RLS RPT CS(RLS) NT 6DP 1NR
05/12/03 1555 (H) DP: MCGUIRE, BERKOWITZ, KOTT,
COGHILL,
05/12/03 1555 (H) MORGAN, KERTTULA; NR:
ROKEBERG
05/12/03 1556 (H) FN1: ZERO(LAW)
05/12/03 1576 (H) RULES TO CALENDAR 5/12/2003
05/12/03 1576 (H) READ THE SECOND TIME
05/12/03 1576 (H) RLS CS ADOPTED UNAN CONSENT
05/12/03 1576 (H) ADVANCED TO THIRD READING
UNAN CONSENT
05/12/03 1577 (H) READ THE THIRD TIME CSHJR
22(RLS)
05/12/03 1577 (H) PASSED Y32 N1 E 4 A3
05/12/03 1580 (H) COSPONSOR(S): OGG, SAMUELS,
GARA,
05/12/03 1580 (H) GRUENBERG
05/12/03 1581 (H) TRANSMITTED TO (S)
05/12/03 1581 (H) VERSION: CSHJR 22(RLS)
05/12/03 (H) RLS AT 10:45 AM FAHRENKAMP
203
WITNESS REGISTER
REPRESENTATIVE DAVID GUTTENBERG
Alaska State Legislature
Capitol Building
Juneau, Alaska
POSITION STATEMENT: Spoke as the sponsor of HJR 22.
ACTION NARRATIVE
TAPE 03-5, SIDE A
Number 0001
CHAIR NORMAN ROKEBERG called the House Rules Standing Committee
meeting to order at 11:06 a.m. Representatives Rokeberg,
Coghill, McGuire, and Morgan were present at the call to order.
Representatives Kott, Berkowitz, and Kerttula arrived as the
meeting was in progress.
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.
ADJOURNMENT
There being no further business before the committee, the House
Rules Standing Committee meeting was adjourned at 11:12 a.m.
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