Legislature(2003 - 2004)

05/06/2003 08:06 AM House STA

Audio Topic
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
                    ALASKA STATE LEGISLATURE                                                                                  
             HOUSE STATE AFFAIRS STANDING COMMITTEE                                                                           
                          May 6, 2003                                                                                           
                           8:06 a.m.                                                                                            
MEMBERS PRESENT                                                                                                               
Representative Bruce Weyhrauch, Chair                                                                                           
Representative Jim Holm, Vice Chair                                                                                             
Representative Nancy Dahlstrom                                                                                                  
Representative Bob Lynn                                                                                                         
Representative Paul Seaton                                                                                                      
Representative Ethan Berkowitz                                                                                                  
Representative Max Gruenberg                                                                                                    
MEMBERS ABSENT                                                                                                                
All members present                                                                                                             
COMMITTEE CALENDAR                                                                                                            
SENATE JOINT RESOLUTION NO. 17                                                                                                  
Relating to the  Alaska-Yukon Intergovernmental Relations Accord,                                                               
to    annual   legislative    exchanges,   and    to   continuing                                                               
intergovernmental  work on  matters of  joint concern  and mutual                                                               
     - MOVED SJR 17 OUT OF COMMITTEE                                                                                            
HOUSE BILL NO. 288                                                                                                              
"An  Act changing  the name  of the  Department of  Community and                                                               
Economic Development."                                                                                                          
     - MOVED CSHB 288(STA) OUT OF COMMITTEE                                                                                     
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                                                               
     - MOVED HJR 22 OUT OF COMMITTEE                                                                                            
HOUSE JOINT RESOLUTION NO. 23                                                                                                   
Relating to the USA PATRIOT Act  and to the peace and security of                                                               
citizens of our country.                                                                                                        
     - MOVED HJR 23 OUT OF COMMITTEE                                                                                            
HOUSE BILL NO. 230                                                                                                              
"An Act relating to political signs on private property."                                                                       
     - SCHEDULED BUT NOT HEARD                                                                                                  
HOUSE JOINT RESOLUTION NO. 9                                                                                                    
Proposing amendments to the Constitution of the State of Alaska                                                                 
relating to an appropriation limit and a spending limit.                                                                        
     - SCHEDULED BUT NOT HEARD                                                                                                  
PREVIOUS ACTION                                                                                                               
BILL: SJR 17                                                                                                                  
SHORT TITLE:ALASKA-YUKON INTERGOV RELATIONS ACCORD                                                                              
SPONSOR(S): SENATOR(S) OLSON                                                                                                    
Jrn-Date   Jrn-Page                     Action                                                                                  
04/14/03     0834       (S)        READ THE FIRST TIME -                                                                        
04/14/03     0834       (S)        STA                                                                                          
04/22/03                (S)        STA AT 4:00 PM BELTZ 211                                                                     
04/22/03                (S)        Moved Out of Committee                                                                       
04/22/03                (S)        MINUTE(STA)                                                                                  
04/23/03     0932       (S)        STA RPT 3DP                                                                                  
04/23/03     0932       (S)        DP: STEVENS G, COWDERY, DYSON                                                                
04/23/03     0932       (S)        FN1: ZERO(S.STA)                                                                             
05/01/03     1084       (S)        RULES TO CALENDAR 5/1/2003                                                                   
05/01/03     1084       (S)        READ THE SECOND TIME                                                                         
05/01/03     1085       (S)        ADVANCED TO THIRD READING                                                                    
                                   UNAN CONSENT                                                                                 
05/01/03     1085       (S)        READ THE THIRD TIME SJR 17                                                                   
05/01/03     1085       (S)        PASSED Y18 N- E1 A1                                                                          
05/01/03     1085       (S)        COSPONSOR(S): DYSON, SEEKINS,                                                                
05/01/03     1085       (S)        LINCOLN, ELTON, ELLIS,                                                                       
                                   STEVENS B, OGAN,                                                                             
05/01/03     1085       (S)        COWDERY, TAYLOR                                                                              
05/01/03     1091       (S)        TRANSMITTED TO (H)                                                                           
05/01/03     1091       (S)        VERSION: SJR 17                                                                              
05/02/03     1267       (H)        READ THE FIRST TIME -                                                                        
05/02/03     1267       (H)        STA                                                                                          
05/02/03     1290       (H)        CROSS SPONSOR(S): STOLTZE,                                                                   
05/02/03     1290       (H)        WILSON, GRUENBERG                                                                            
05/06/03                (H)        STA AT 8:00 AM CAPITOL 102                                                                   
BILL: HB 288                                                                                                                  
SHORT TITLE:CHANGING NAME OF DEPT OF COMM & ECON DEV.                                                                           
SPONSOR(S): REPRESENTATIVE(S)KOHRING                                                                                            
Jrn-Date   Jrn-Page                     Action                                                                                  
04/28/03     1156       (H)        READ THE FIRST TIME -                                                                        
04/28/03     1156       (H)        STA, L&C                                                                                     
05/06/03                (H)        STA AT 8:00 AM CAPITOL 102                                                                   
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 -                                                                        
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                (H)        STA AT 8:00 AM CAPITOL 102                                                                   
BILL: HJR 23                                                                                                                  
SHORT TITLE:PATRIOT ACT AND PEACE & SECURITY                                                                                    
SPONSOR(S): REPRESENTATIVE(S)COGHILL                                                                                            
Jrn-Date   Jrn-Page                     Action                                                                                  
04/07/03     0818       (H)        READ THE FIRST TIME -                                                                        
04/07/03     0818       (H)        STA, JUD                                                                                     
05/06/03                (H)        STA AT 8:00 AM CAPITOL 102                                                                   
WITNESS REGISTER                                                                                                              
SENATOR DONNY OLSON                                                                                                             
Alaska State Legislature                                                                                                        
Juneau, Alaska                                                                                                                  
POSITION STATEMENT:  Sponsor of SJR 17.                                                                                         
REPRESENTATIVE VIC KOHRING                                                                                                      
Alaska State Legislature                                                                                                        
Juneau, Alaska                                                                                                                  
POSITION STATEMENT:  Sponsor of HB 288.                                                                                         
EDGAR BLATCHFORD, Commissioner                                                                                                  
Department of Community & Economic Development (DCED)                                                                           
Juneau, Alaska                                                                                                                  
POSITION STATEMENT:  Testified in  support of HB 288, as amended,                                                               
and responded to questions.                                                                                                     
REPRESENTATIVE DAVID GUTTENBERG                                                                                                 
Alaska State Legislature                                                                                                        
Juneau, Alaska                                                                                                                  
POSITION STATEMENT:  Sponsor of HJR 22.                                                                                         
REPRESENTATIVE JOHN COGHILL                                                                                                     
Alaska State Legislature                                                                                                        
Juneau, Alaska                                                                                                                  
POSITION STATEMENT:  Sponsor of HJR 23.                                                                                         
GRAHAM STOREY                                                                                                                   
Nome, Alaska                                                                                                                    
POSITION  STATEMENT:   During discussion  of HJR  22 and  HJR 23,                                                               
offered his preference that neither resolution pass.                                                                            
JIM SYKES                                                                                                                       
Palmer, Alaska                                                                                                                  
POSITION STATEMENT:   Testified in favor of HJR  22 and mentioned                                                               
that HJR 23 would be okay.                                                                                                      
JENNIFER RUDINGER, Executive Director                                                                                           
Alaska Civil Liberties Union                                                                                                    
Anchorage, Alaska                                                                                                               
POSITION  STATEMENT:   During discussion  of HJR  22 and  HJR 23,                                                               
provided comments  regarding aspects of  the USA PATRIOT  Act and                                                               
testified in support of sending a message to Congress.                                                                          
ROGER W. SHANNON                                                                                                                
Kenai, Alaska                                                                                                                   
POSITION STATEMENT:   Provided comments during  discussion of HJR
22 and HJR 23.                                                                                                                  
JANET KUSSART                                                                                                                   
Juneau, Alaska                                                                                                                  
POSITION  STATEMENT:   During discussion  of HJR  22 and  HJR 23,                                                               
offered her  support of the  resolutions and asked  the committee                                                               
to vote to pass them.                                                                                                           
KATY PARRISH                                                                                                                    
Anchorage, Alaska                                                                                                               
POSITION  STATEMENT:   During discussion  of HJR  22 and  HJR 23,                                                               
relayed some of her concerns  about the USA PATRIOT Act, detailed                                                               
examples of its misuse, and urged passage of HJR 22 and SJR 15.                                                                 
GEOFF KENNEDY                                                                                                                   
Anchorage, Alaska                                                                                                               
POSITION STATEMENT:   Provided comments during  discussion of HJR
22 and HJR 23.                                                                                                                  
JOHN ILIFF                                                                                                                      
Anchorage, Alaska                                                                                                               
POSITION  STATEMENT:   During discussion  of HJR  22 and  HJR 23,                                                               
highlighted some problems with the  USA PATRIOT Act and asked the                                                               
committee to pass HJR 22.                                                                                                       
FRANK TURNEY                                                                                                                    
Bill of Rights Defense Committee - Fairbanks Chapter                                                                            
Fairbanks, Alaska                                                                                                               
POSITION  STATEMENT:   During discussion  of HJR  22 and  HJR 23,                                                               
provided comments regarding the Bill  of Rights and proposed that                                                               
both resolutions be reported from committee.                                                                                    
LARRY HURLOCK                                                                                                                   
Juneau, Alaska                                                                                                                  
POSITION  STATEMENT:   During discussion  of HJR  22 and  HJR 23,                                                               
detailed some of  the aspects of the Juneau  resolution and urged                                                               
members to get something similar passed this session.                                                                           
JED WHITTAKER                                                                                                                   
Anchorage, Alaska                                                                                                               
POSITION  STATEMENT:   During discussion  of HJR  22 and  HJR 23,                                                               
provided   comments  and   urged  the   committee  to   move  the                                                               
resolutions forward.                                                                                                            
JOHN BRADING                                                                                                                    
Fairbanks, Alaska                                                                                                               
POSITION  STATEMENT:   During discussion  of HJR  22 and  HJR 23,                                                               
provided comments and  asked that steps be taken  to repeal those                                                               
Acts   and   executive   orders   that   infringe   on   people's                                                               
constitutional rights.                                                                                                          
MIKE PRAX                                                                                                                       
North Pole, Alaska                                                                                                              
POSITION  STATEMENT:   During discussion  of HJR  22 and  HJR 23,                                                               
provided  comments and  urged members  to move  some form  of the                                                               
resolution through the process this session.                                                                                    
ELIZABETH CUADRA                                                                                                                
Juneau, Alaska                                                                                                                  
POSITION  STATEMENT:   During discussion  of HJR  22 and  HJR 23,                                                               
provided  comments, testified  in support  of HJR  22, and  urged                                                               
members to enact it this session.                                                                                               
GREG ESCHRIGHT                                                                                                                  
Fairbanks, Alaska                                                                                                               
POSITION  STATEMENT:   During discussion  of HJR  22 and  HJR 23,                                                               
provided comments and said he supports passage of a resolution.                                                                 
DAVID NOON                                                                                                                      
Juneau, Alaska                                                                                                                  
POSITION STATEMENT:   Provided comments during  discussion of HJR
22 and HJR 23.                                                                                                                  
JUNE PINNELL-STEPHENS                                                                                                           
Fairbanks, Alaska                                                                                                               
POSITION  STATEMENT:   During discussion  of HJR  22 and  HJR 23,                                                               
provided statistics resulting from  the implementation of Section                                                               
215  of the  USA  PATRIOT  Act, and  urged  members  to pass  the                                                               
strongest resolution possible.                                                                                                  
ANDREA DOLL                                                                                                                     
Juneau, Alaska                                                                                                                  
POSITION  STATEMENT:   During discussion  of HJR  22 and  HJR 23,                                                               
provided comments  and asked whether  citizens should  just stand                                                               
by and let their freedoms and rights be taken away.                                                                             
NINA MOLLETT                                                                                                                    
Juneau, Alaska                                                                                                                  
POSITION  STATEMENT:   During discussion  of HJR  22 and  HJR 23,                                                               
provided  comments and  encouraged members  to pass  as strong  a                                                               
resolution as possible.                                                                                                         
HEATHER McINTYRE                                                                                                                
Fairbanks, Alaska                                                                                                               
POSITION  STATEMENT:   During discussion  of HJR  22 and  HJR 23,                                                               
provided comments  and encouraged  passage of an  amalgamation of                                                               
the two resolutions.                                                                                                            
ALVIN A. ANDERS                                                                                                                 
Alaska Libertarian Party                                                                                                        
POSITION  STATEMENT:   During discussion  of HJR  22 and  HJR 23,                                                               
urged passage of a resolution with teeth.                                                                                       
M. MIKE LAWLESS                                                                                                                 
Two Rivers, Alaska                                                                                                              
POSITION  STATEMENT:   During discussion  of HJR  22 and  HJR 23,                                                               
expressed confidence that the legislature  will send a resolution                                                               
with teeth to Congress.                                                                                                         
PAOLA GREER                                                                                                                     
Fairbanks, Alaska                                                                                                               
POSITION  STATEMENT:   During discussion  of HJR  22 and  HJR 23,                                                               
provided a synopsis of the  "Domestic Security Enhancement Act of                                                               
2003" and urged members to take action as soon as possible.                                                                     
LIZ GREIG                                                                                                                       
Fairbanks, Alaska                                                                                                               
POSITION  STATEMENT:   During discussion  of HJR  22 and  HJR 23,                                                               
provided  comments and  relayed that  she  would like  to see  an                                                               
amalgamation of the two resolutions with more teeth in it.                                                                      
ANNA GODDUHN                                                                                                                    
Fairbanks, Alaska                                                                                                               
POSITION  STATEMENT:   During discussion  of HJR  22 and  HJR 23,                                                               
provided  comments   and  testified  in  support   of  passing  a                                                               
combination of the two resolutions.                                                                                             
MICHAEL WALLERI                                                                                                                 
Fairbanks, Alaska                                                                                                               
POSITION  STATEMENT:   During discussion  of HJR  22 and  HJR 23,                                                               
provided comments  and said  he hopes  the resolutions  will pass                                                               
from committee.                                                                                                                 
ACTION NARRATIVE                                                                                                              
TAPE 03-52, SIDE A                                                                                                            
Number 0001                                                                                                                     
CHAIR  BRUCE WEYHRAUCH  called the  House State  Affairs Standing                                                             
Committee  meeting  to  order  at   8:06  a.m.    Representatives                                                               
Weyhrauch,  Holm, and  Lynn were  present at  the call  to order.                                                               
Representatives  Seaton,  Dahlstrom,   Berkowitz,  and  Gruenberg                                                               
arrived as the meeting was in progress.                                                                                         
SJR 17 - ALASKA-YUKON INTERGOV RELATIONS ACCORD                                                                               
Number 0052                                                                                                                     
CHAIR WEYHRAUCH announced that the  first order of business would                                                               
be SENATE JOINT  RESOLUTION NO. 17, Relating  to the Alaska-Yukon                                                               
Intergovernmental   Relations  Accord,   to  annual   legislative                                                               
exchanges, and  to continuing  intergovernmental work  on matters                                                               
of joint concern and mutual interest.                                                                                           
Number 0081                                                                                                                     
SENATOR  DONNY OLSON,  Alaska  State  Legislature, sponsor,  said                                                               
that  SJR   17  supports  the   extension  of   the  Alaska-Yukon                                                               
Intergovernmental  Relations Accord,  which is  currently set  to                                                               
expire on September  8, 2003.  Alaska and the  Yukon territory of                                                               
Canada, he  remarked, share  not only a  long, common  border but                                                               
also a connected history of  resource development and pre-contact                                                               
ethnography.   In the past,  Alaska and the Yukon  territory have                                                               
enjoyed  mutual   prosperity  from   joint  efforts   in  mineral                                                               
exploration  and development,  and currently  co-manage important                                                               
fish  and  game resources  that  transmigrate  borders.   With  a                                                               
pending  gas pipeline  and other  matters  of potential  resource                                                               
use, exploration,  and development,  it is essential,  he opined,                                                               
for   Alaska   and  the   Yukon   territory   to  work   together                                                               
cooperatively to ensure the wise use of resources.                                                                              
SENATOR OLSON went on to say:                                                                                                   
     This  year,  I and  a  number  of others  attended  the                                                                    
     annual legislative  exchange with our  Yukon colleagues                                                                    
     in  Whitehorse.    The meetings  and  discussions  that                                                                    
     ensued  underscore  the  importance of  continuing  the                                                                    
     Alaska-Yukon  Intergovernmental  Relations  Accord  for                                                                    
     our future  economic growth and wellbeing.   With that,                                                                    
     I  respectfully urge  your  favorable  support of  this                                                                    
REPRESENTATIVE DAHLSTROM mentioned that she  was one of those who                                                               
attended the aforementioned  exchange, adding that it  was a very                                                               
productive meeting and  that she is looking forward  to many good                                                               
things resulting from it.                                                                                                       
Number 0240                                                                                                                     
REPRESENTATIVE DAHLSTROM moved to report  SJR 17 out of committee                                                               
with individual recommendations and  the accompanying zero fiscal                                                               
note.   There being no  objection, SJR  17 was reported  from the                                                               
House State Affairs Standing Committee.                                                                                         
HB 288 - CHANGING NAME OF DEPT OF COMM & ECON DEV.                                                                            
Number 0297                                                                                                                     
CHAIR WEYHRAUCH announced  that the next order  of business would                                                               
be  HOUSE  BILL  NO.  288,  "An Act  changing  the  name  of  the                                                               
Department of Community and Economic Development."                                                                              
Number 0336                                                                                                                     
REPRESENTATIVE  VIC KOHRING,  Alaska State  Legislature, sponsor,                                                               
relayed  that  HB 288  changes  the  name  of the  Department  of                                                               
Community  & Economic  Development  (DCED) to  the Department  of                                                               
Commerce.   He opined  that the  name "Commerce"  more accurately                                                               
reflects  the  objectives  of  the  department,  that  being  to:                                                               
promote  growth  in  Alaska's  economy  through  the  large-scale                                                               
trading,  buying, and  selling of  goods between  cities, states,                                                               
and  countries; and  have business  dealings with  the same.   He                                                               
relayed  that  the  DCED's  web site  lists,  among  others,  the                                                               
following two  objectives:  "Organize and  conduct business trade                                                               
missions to expand  product sales in current  markets and develop                                                               
new  markets,"  and  "Marketing Alaska-Sell  Alaska's  goods  and                                                               
services throughout  the world."   A  second reason  for changing                                                               
the name,  he offered, is  that it will "eliminate  any confusion                                                               
that's out there  about whether we even have an  agency in Alaska                                                               
that is tasked  to develop commerce as we attempt  to promote the                                                               
state throughout the world and attract investment here."                                                                        
REPRESENTATIVE  KOHRING  mentioned  that  numerous  other  states                                                               
include "Commerce" in  the title of their comparable  agency.  In                                                               
addition  to  the   aforementioned  reasons,  the  administration                                                               
desires  a name  change, he  remarked, noting  that the  governor                                                               
announced  in   his  "State  of   the  State"  speech   that  the                                                               
administration  would  be  referring  to the  department  as  the                                                               
"Department of Commerce."  House  Bill 288 merely formalizes that                                                               
change and is accompanied by a zero fiscal note.                                                                                
Number 0526                                                                                                                     
REPRESENTATIVE DAHLSTROM moved to report  HB 288 out of committee                                                               
with individual recommendations and  the accompanying zero fiscal                                                               
REPRESENTATIVE    KOHRING    explained    that    although    the                                                               
administration desires  a name  change, it  wishes for  the words                                                               
"Economic Development" to  remain in that new name;  thus the new                                                               
name   would  be   "the  Department   of   Commerce  &   Economic                                                               
Development."   He  said  that he  would be  amenable  to such  a                                                               
change to HB 288                                                                                                                
Number 0629                                                                                                                     
REPRESENTATIVE  DAHLSTROM withdrew  her motion  to report  HB 288                                                               
out of committee.                                                                                                               
Number 0636                                                                                                                     
REPRESENTATIVE LYNN made a motion to  adopt Amendment 1:  to add,                                                               
after  "Commerce" on  page 1,  line  7, the  words "and  Economic                                                               
Development"; to retain, after "Commerce"  on page 1, line 9, the                                                               
words  "and Economic  Development;  to add,  after "Commerce"  on                                                               
page  2, line  2, the  words "and  Economic Development";  and to                                                               
add, after "commerce" on page 2,  line 2, the words "and economic                                                               
development".    There  being   no  objection,  Amendment  1  was                                                               
Number 0835                                                                                                                     
EDGAR  BLATCHFORD,   Commissioner,  Department  of   Community  &                                                               
Economic  Development (DCED),  indicated that  the administration                                                               
supports HB  288, as amended, adding  that the cost to  the state                                                               
will be minimal  in that the changes effected will  be gradual in                                                               
terms of acquiring  supplies containing the new name.   He added,                                                               
"We are eager  to change the name of the  department to "Commerce                                                               
& Economic  Development, simply for the  sake that we need  to be                                                               
more effective  in our communications  with people:   the private                                                               
sector, and in the community, and in the international arena."                                                                  
COMMISSIONER  BLATCHFORD,  in  response to  questions,  confirmed                                                               
that  he'd been  commissioner of  the Department  of Community  &                                                               
Regional  Affairs  (DCRA)  under  Governor Hickel  in  the  early                                                               
1990s;  that in  1999, the  DCRA was  merged with  what was  then                                                               
known  as the  Department of  Commerce and  Economic Development;                                                               
and that with the change proposed  by HB 288, the last vestige of                                                               
the  name "Community  & Regional  Affairs" will  be removed.   He                                                               
relayed that  his heart and  sole is in rural  Alaska; therefore,                                                               
one of  the things he did  as the commissioner of  the Department                                                               
of  Community  &  Economic  Development  was  to  reorganize  the                                                               
department to  reflect a continuing  commitment to  activities in                                                               
the unorganized boroughs  as well as the organized  boroughs.  He                                                               
mentioned  that  one  of  the   divisions  in  the  DCED  is  now                                                               
responsible for all  of the programs that were  under the purview                                                               
of the DCRA.                                                                                                                    
COMMISSIONER BLATCHFORD  went on  to say  that the  DCED strongly                                                               
believes  that   the  municipalities,   the  boroughs,   and  the                                                               
unorganized  areas of  the state  need to  be at  the table  when                                                               
public  policy   discussions  are  underway.     He  assured  the                                                               
committee  that  the proposed  change  in  the department's  name                                                               
contains  no  intention  to  diminish  the  functions  that  were                                                               
formerly under  the purview of  the DCRA,  adding that it  is the                                                               
DCED's  intention to  strengthen  its commitment  to the  private                                                               
sector and to economic development  in both the organized and the                                                               
unorganized boroughs.   He relayed that the  department views the                                                               
name change as a strengthening of the its mission.                                                                              
Number 1121                                                                                                                     
CHAIR  WEYHRAUCH   asked  whether  either  the   sponsor  or  the                                                               
commissioner would  have any objection  to changing the  title of                                                               
HB 288 to  say:  "An act  changing the name of  the Department of                                                               
Department  of   Community  and   Economic  Development   to  the                                                               
Department of Commerce and Economic Development."                                                                               
CHAIR  WEYHRAUCH noted  that Representative  Kohring is  "shaking                                                               
[his] head, 'No,' to that title change."                                                                                        
REPRESENTATIVE  BERKOWITZ  asked for  a  definition  of the  word                                                               
REPRESENTATIVE KOHRING  replied that  he defines  it both  by the                                                               
dictionary  and  by  the   department's  mission  statement,  and                                                               
reiterated his earlier comments on that issue.                                                                                  
REPRESENTATIVE BERKOWITZ  offered that  under Article  X, Section                                                               
14, of the Alaska State Constitution,  it says:  "An agency shall                                                               
be  established by  law  in  the executive  branch  of the  state                                                               
government  to advise  and assist  local governments.   It  shall                                                               
review  their activities,  collect and  publish local  government                                                               
information, and  perform other  duties prescribed  by law."   He                                                               
pointed out that  "that term" was not mentioned in  either of the                                                               
definitions  proffered by  the  sponsor.   He  opined that  "this                                                               
title change  doesn't sweep in the  constitutional requirements,"                                                               
adding  that during  the discussions  surrounding  the merger  in                                                               
1999, there was a great deal of  angst that the DCRA was going to                                                               
be  swallowed  up  by  the  Department  of  Commerce  &  Economic                                                               
Development and that  the concerns of rural Alaska  were going be                                                               
swept under the rug.                                                                                                            
REPRESENTATIVE   BERKOWITZ  relayed   that  he   viewed  Governor                                                               
Murkowski's announcement  as a retreat  from the  commitments and                                                               
assurances  made during  the original  debate that  the needs  of                                                               
rural communities  were going  to be met.   There is  a lot  in a                                                               
name, he remarked,  adding that the signal being sent  via HB 288                                                               
is:  "Not only have we  done away with ... 'Regional Affairs,' in                                                               
phase one, now  we're going to do away with  the 'Community' part                                                               
of what  we're supposed to  take care of."   He said it  seems to                                                               
him  that the  proposed change  deviates from  the constitutional                                                               
mission that used to belong exclusively  to the DCRA, and that it                                                               
adds another  brick in  the wall between  urban and  rural Alaska                                                               
that could easily be interpreted as a slight to rural Alaska.                                                                   
Number 1465                                                                                                                     
REPRESENTATIVE KOHRING suggested that  the creation of a division                                                               
within the  DCED specifically tasked with  administering programs                                                               
to  rural  Alaska  was  an  adequate  solution  to  the  concerns                                                               
expressed  regarding  the  original  merger.   He  said  that  he                                                               
believes that  the assurances made  in 1999, that  rural programs                                                               
are taken very  seriously and that the intent is  to retain them,                                                               
still apply.                                                                                                                    
COMMISSIONER BLATCHFORD said  that as Alaska has  changed, so has                                                               
the  department.    At  statehood,  all  of  Alaska  was  in  the                                                               
unorganized borough,  and since  that time,  he offered,  much of                                                               
Alaska's population is now living  in the organized borough or in                                                               
some form  of a  borough or  under a  joint city-borough  type of                                                               
government.   The  department's mission  is still  the same  with                                                               
regard to dealing with municipalities,  he assured the committee,                                                               
adding that some communities still  welcome the department's help                                                               
and some no longer need it.                                                                                                     
COMMISSIONER BLATCHFORD offered  his view that the  goal of state                                                               
government  is to  enable  local governments  to  make their  own                                                               
decisions as much as possible.   He also offered his view, as the                                                               
former  commissioner of  DCRA, that  rather than  the DCRA  being                                                               
swallowed   up  by   the  Department   of  Commerce   &  Economic                                                               
Development, the opposite  has happened in that  the functions of                                                               
the  DCRA swallowed  up  the Department  of  Commerce &  Economic                                                               
Development.    He  again  offered  to  the  committee  that  the                                                               
department's mission remains the same,  to be available to assist                                                               
communities and provide them with as many resources as possible.                                                                
REPRESENTATIVE  BERKOWITZ  offered  his  opinion,  however,  that                                                               
notwithstanding the commissioner's  assurances, everything he has                                                               
seen  from the  current  administration runs  counter to  letting                                                               
local people make local decisions.  He added:                                                                                   
      The signal that is sent, in addition, by the change                                                                       
       here, is fairly unmistakable.  And there are good                                                                        
     people involved  in your department,  and I  have every                                                                    
     confidence in  your ability to steward  the department.                                                                    
     But  these departments  and  these institutions  endure                                                                    
     long after we're gone.  And  we ought to make sure that                                                                    
     the  good that  [is] occurring  now and  the good  that                                                                    
     occurred in  the past continues,  and a name  change is                                                                    
     just a  precursor to a  mission change.  And  a mission                                                                    
     change could  readily happen under someone  who is much                                                                    
     less friendly to rural Alaska  and rural needs than you                                                                    
Number 1785                                                                                                                     
REPRESENTATIVE DAHLSTROM moved to report  HB 288 [as amended] out                                                               
of   committee   with    individual   recommendations   and   the                                                               
accompanying zero fiscal note.                                                                                                  
Number 1792                                                                                                                     
REPRESENTATIVE BERKOWITZ objected.                                                                                              
CHAIR  WEYHRAUCH   asked  whether   there  were   any  objections                                                               
regarding his suggestion  to change the title of HB  288 to read:                                                               
"An  act changing  the name  of the  Department of  Community and                                                               
Economic Development  to the Department of  Commerce and Economic                                                               
Development."  He added, "I move that title change."                                                                            
REPRESENTATIVE BERKOWITZ said he objects to that title change.                                                                  
CHAIR WEYHRAUCH announced that the  title change had already been                                                               
adopted,  and invited  Representative Berkowitz  to speak  to his                                                               
REPRESENTATIVE BERKOWITZ remarked:                                                                                              
     Economic development  is one of these  vague terms that                                                                    
     we all  tried out, particularly around  campaign season                                                                    
     and in  our great  rhetorical flourishes on  the floor,                                                                    
     but it  doesn't have  a specific meaning.   And  ... we                                                                    
     ought  to  be  precise  and short,  and  "Commerce"  is                                                                    
     pretty  short and  to  the  point.   It  also links  up                                                                    
     fairly well,  I think,  with the federal  department of                                                                    
     commerce, and there  could be benefits from  that.  So,                                                                    
     we ought  to be short  and to  the point, and  if we're                                                                    
     going to  get rid  of "Economic  Development" --  if it                                                                    
     wasn't  the intent  of the  sponsor  to have  "Economic                                                                    
     Development" in it,  the administration was acquiescent                                                                    
     in  that.   It's  their  department  and I  think  they                                                                    
     should  call it  what they  intended to  call it.   And                                                                    
     hopefully, in future years, we'll  go back to making it                                                                    
     what it's supposed to be.                                                                                                  
Number 1882                                                                                                                     
A  roll  call vote  was  taken.   Representatives  Holm,  Seaton,                                                               
Dahlstrom, Lynn,  and Weyhrauch  voted in  favor of  reporting HB
288, as  amended, from committee.   Representatives Berkowitz and                                                               
Gruenberg  voted  against  it.    Therefore,  CSHB  288(STA)  was                                                               
reported from  the House  State Affairs  Standing Committee  by a                                                               
vote of 5-2.                                                                                                                    
HJR 22 - PATRIOT ACT AND DEFENDING CIVIL LIBERTIES                                                                            
HJR 23 - PATRIOT ACT AND PEACE & SECURITY                                                                                     
[Contains brief mention of SJR 15.]                                                                                             
Number 1936                                                                                                                     
CHAIR WEYHRAUCH announced that the  final 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; and HOUSE JOINT RESOLUTION                                                               
NO. 23,  Relating to  the USA  PATRIOT Act and  to the  peace and                                                               
security of citizens of our country.                                                                                            
Number 1952                                                                                                                     
REPRESENTATIVE  DAVID   GUTTENBERG,  Alaska   State  Legislature,                                                               
sponsor  of   HJR  22,  paraphrased   portions  of   his  sponsor                                                               
statement, which read in part [original punctuation provided]:                                                                  
     The State of  Alaska has a proud  history of respecting                                                                    
     the  right  to  privacy  and  individual  liberties  as                                                                    
     reflected in  the Alaska and U.S.  Constitutions.  This                                                                    
     resolution states that efforts  to fight terrorism must                                                                    
     not be  waged at  the expense of  the civil  rights and                                                                    
     liberties of the people of  the State of Alaska and the                                                                    
     United States.                                                                                                             
     The  resolution affirms  the state's  strong opposition                                                                    
     to terrorism  but raises  concerns about  provisions of                                                                    
     the USA  Patriot Act that  expand federal  authority to                                                                    
     detain  and investigate  and engage  in the  electronic                                                                    
     surveillance of citizens and non-citizens alike.                                                                           
     The resolution  states that  absent any  probable cause                                                                    
     of criminal activity, it is  the policy of the State of                                                                    
     Alaska  to  forbid  participation or  cooperation  with                                                                    
     such  investigations, surveillance,  or detention;  the                                                                    
     recording,  sharing,  and   retention  of  intelligence                                                                    
     information  such as  library records;  book and  video                                                                    
     sales  or  rental   records;  medical,  financial,  and                                                                    
     student   records,  and   other   personal  data;   and                                                                    
     profiling  based   on  race,   ethnicity,  citizenship,                                                                    
     religion, or political views.                                                                                              
     The resolution  also calls upon  Alaska's Congressional                                                                    
     delegation  to work  to correct  provisions of  the USA                                                                    
     Patriot Act  and other measures that  infringe on civil                                                                    
[Chair Weyhrauch turned the gavel over to Vice Chair Holm.]                                                                     
Number 2076                                                                                                                     
REPRESENTATIVE  JOHN COGHILL,  Alaska State  Legislature, sponsor                                                               
of  HJR 23,  indicated that  his and  Representative Guttenberg's                                                               
goal  is to  put together  a bipartisan  message to  send to  the                                                               
nation's leaders regarding the  Uniting and Strengthening America                                                               
by  Providing   Appropriate  Tools  Required  to   Intercept  and                                                               
Obstruct Terrorism  (USA PATRIOT ACT)  Act of 2001  ("USA PATRIOT                                                               
Act").   He opined the so  much swings on what  the definition of                                                               
"terrorism"  entails, that  caution  is appropriate  in order  to                                                               
ensure that  essential liberties  are protected.   He  noted that                                                               
HJR 23 includes the preamble to the U.S. Constitution.                                                                          
REPRESENTATIVE COGHILL went on to say:                                                                                          
     We   want  to   establish   justice,  insure   domestic                                                                    
     tranquility,  provide for  common defense,  provide for                                                                    
     the  general  welfare,  and  secure  the  blessings  of                                                                    
     liberty for the next generation.   So, all of those can                                                                    
     be  intentions, and  especially  when  we're trying  to                                                                    
     protect our  borders.  We're trying  to ensure domestic                                                                    
     tranquility and provide  justice at the same  time.  So                                                                    
     we find ourselves once again  at that moment of tension                                                                    
     where  we have  those  who would  want  to destroy  our                                                                    
     country and we  need to have some  kind of surveillance                                                                    
     and intelligence  and all of the  different things that                                                                    
     are  necessary to  protect our  borders,  but we  don't                                                                    
     want  to [come]  ...  under the  powerful  hand of  the                                                                    
     tyrannical government.                                                                                                     
REPRESENTATIVE  COGHILL  said that  he  took  a little  different                                                               
approach than did  Representative Guttenberg, but notwithstanding                                                               
that  difference,  "I  think  we   can  amalgamate  some  of  our                                                               
approaches and I am sure willing  to do that."  He indicated that                                                               
[HJR  23] calls  upon Congress  to affirm  its commitment  to the                                                               
founding  principles of  the U.S.  Constitution, its  amendments,                                                               
and  its  preamble.    He  mentioned  that  although  he  has  no                                                               
objection to  adding more teeth to  HJR 23, he is  cautious about                                                               
describing "all  the things, lest we  leave something [important]                                                               
out."   He  opined that  "the whole  thing" hinges  upon how  the                                                               
government defines  terrorism.  "The  liberties that we  enjoy in                                                               
Alaska and  in America are  something that  we would like  to see                                                               
[enjoyed] across the world, but the  only way they're going to do                                                               
that is  if they stay healthy  at home," he added,  and predicted                                                               
that "probable  cause" will be a  key issue in the  discussion of                                                               
how   to  ensure   appropriate  limitations   on  the   power  of                                                               
[Vice Chair Holm returned the gavel to Chair Weyhrauch.]                                                                        
REPRESENTATIVE BERKOWITZ  thanked Representative Coghill  for the                                                               
bipartisan cooperation he's shown on this and other issues.                                                                     
REPRESENTATIVE HOLM  said he  appreciates that  these resolutions                                                               
are  being brought  forth, and  mentioned the  fine line  between                                                               
protecting oneself and losing all personal freedoms.                                                                            
Number 2439                                                                                                                     
GRAHAM  STOREY  relayed that  he'd  been  scheduled to  fly  from                                                               
Seattle  to Chicago  on September  11, 2001,  but the  flight was                                                               
canceled due to the terrorist  attacks.  He offered the following                                                               
to illustrate why the USA PATRIOT Act is needed:                                                                                
     The  "Church Senate  committee  hearing"  back in  1973                                                                    
     results  in the  stripping of  federal law  enforcement                                                                    
     powers  which  could  have prevented  such  occurrences                                                                    
     that happened on  September 11.  [The  USA Patriot Act]                                                                    
     does  not  take us  back  to  that  same level  of  law                                                                    
     enforcement powers  we had, that  were eroded  from the                                                                    
     '70s through  the '80s through  the '90s.  As  a point,                                                                    
     every time  a provision  of this  Act is  challenged in                                                                    
     court, it is either upheld  to be constitutional or the                                                                    
     lower  court's  ruling  is overturned  by  the  appeals                                                                    
     Quite  frankly,   I  can't  believe   that  responsible                                                                    
     legislators  would advocate  the civil  disobedience of                                                                    
     not  following federal  legislation  which is  entirely                                                                    
     constitutional.  My preference,  if either one of these                                                                    
     [resolutions]   were  to   pass,  would   obviously  be                                                                    
     Representative  Coghill's, but  my preference  would be                                                                    
     that  none  of  them  pass  and,  instead,  the  Alaska                                                                    
     [legislature]  come  out  with  a  resolution  in  full                                                                    
     support of the [USA PATRIOT Act].  Thank you.                                                                              
Number 2540                                                                                                                     
JIM SYKES mentioned  that in the mid-1970s,  he'd traveled around                                                               
the world a  lot by himself, and he'd traveled  to eastern Europe                                                               
and the  Soviet Union  and he'd never  experienced a  more secure                                                               
place  - there  were  no guns,  there  was no  crime,  it was  an                                                               
entirely secure place.  He went on to say:                                                                                      
     I had  one person  take me aside  when I  was traveling                                                                    
     through Bulgaria,  who took  me through  a walk  in the                                                                    
     park,  and he  said, "We  have a  saying here,  that if                                                                    
     three  people sit  down to  drink coffee,  that one  of                                                                    
     them  is an  informant."   And  I think  that the  [USA                                                                    
     PATRIOT   Act  is   taking  us   dangerously  in   that                                                                    
     direction.  We have to  recognize that terrorism is not                                                                    
     a  military problem  - it's  a police  problem.   We do                                                                    
     need to give tools to  the police to give them adequate                                                                    
     information  to  help  prevent terrorism,  but  by  the                                                                    
     nature of  terrorism, it's not  something that  you can                                                                    
     easily prevent.   And during  the time I  was traveling                                                                    
     around, the  Bader-Meinhof gang  was very,  very active                                                                    
     in Europe  - there  were bombs going  off in  Paris and                                                                    
     other major European cities -  and it really was police                                                                    
     work that needed to be done.                                                                                               
     And I think  you'll find that across  the nation, there                                                                    
     are even  more, I would say,  assertive, resolutions of                                                                    
     this type being  passed, and some of  them even suggest                                                                    
     fines  for  cooperating  with the  parts  of  the  [USA                                                                    
     PATRIOT  Act] that  take away  our most  dear freedoms.                                                                    
     So  I would  like to  speak in  favor of  [HJR 22].   I                                                                    
     think that it is -- and  I would like to actually thank                                                                    
     both Representatives Coghill  and Guttenberg for coming                                                                    
     forward with this, because I  think that while [HJR 23]                                                                    
     is okay, I  think that [HJR 22] strikes  a good balance                                                                    
     between  where most  Alaskans feel  our very  important                                                                    
     freedoms  need  to be  preserved,  and  that we  should                                                                    
     speak out.                                                                                                                 
     It is  the responsibility  of our legislature  to speak                                                                    
     out in  favor of  our freedoms that  are in  the Alaska                                                                    
     [State]  Constitution as  well  the U.S.  Constitution.                                                                    
     So I  would say  I favor  [HJR 22];  [HJR 23]  would be                                                                    
     okay.   And  I thank  you very  much for  bringing this                                                                    
     forward,  I think  it's very  important to  state this,                                                                    
     and I hope that you pass it with the unanimous vote.                                                                       
Number 2654                                                                                                                     
JENNIFER  RUDINGER, Executive  Director,  Alaska Civil  Liberties                                                               
Union   (AkCLU),  thanked   the   committee   for  hearing   both                                                               
resolutions, and  said she is  pleased to hear that  the sponsors                                                               
are working toward a bipartisan resolution.  She went on to say:                                                                
     I  had   a  wonderful   meeting  two  weeks   ago  with                                                                    
     Congressman  Young when  he was  in  ... Anchorage  for                                                                    
     Easter  break.   And we  sat  down for  30 minutes  and                                                                    
     didn't disagree about  anything. ... Congressman Young,                                                                    
     actually, is one  of the most vocal critics  of the USA                                                                    
     PATRIOT Act.   As you probably are aware  ..., the [USA                                                                    
     PATRIOT Act]  was passed not  only in the  aftermath of                                                                    
     the tragic attacks  of [9/11/2001] but in  the midst of                                                                    
     anthrax  [threats].   There was  beginning  to be  some                                                                    
     talk in  Congress of slowing  down the movement  of the                                                                    
     [USA PATRIOT Act],  just to have a  few hearings, maybe                                                                    
     ask some questions  and get some answers.   [But] then,                                                                    
     in October of [2001], anthrax  hit, and these folks ...                                                                    
     were afraid  - not just abstractly  for American lives,                                                                    
     but for their own lives -  and they were working out of                                                                    
     hallways  and closets,  afraid to  open any  envelopes,                                                                    
     didn't have their own fax machines.                                                                                        
     And frankly,  in the  midst of  this chaos,  not enough                                                                    
     copies  of  this 342-page  bill  had  been printed  for                                                                    
     every  member  of Congress  to  even  have one.    Most                                                                    
     members  of  Congress  never  read   it.    And  that's                                                                    
     understandable  ...  [considering]  the fear  in  which                                                                    
     they were  operating.  In  times of panic, when  one is                                                                    
     so desperate and  one is being told, "Give  us this law                                                                    
     and  we  will keep  you  safe,"  I think  the  tendency                                                                    
     generally is to say, "Okay,  okay, okay, here - do it."                                                                    
     But then second thoughts  creep in because Congress was                                                                    
     not  told exactly  what this  really  authorizes.   And                                                                    
     many provisions  of this 342-page bill  actually go way                                                                    
     beyond dealing with anything  related to terrorism, and                                                                    
     get to  ordinary, routine criminal investigations.   So                                                                    
     now  there are  many in  Congress who  are calling  for                                                                    
     hearings and calling for revisions and amendments.                                                                         
     Just  recently, the  Washington  Times  ran an  article                                                                  
     where  Congressman  Sensenbrenner,  a  Republican  from                                                                    
     Wisconsin, joined with  Congressman Conyers, a Democrat                                                                    
     from Michigan, to  call for hearings and  begin to look                                                                    
     at this because Congress is  not getting reports on how                                                                    
     this is  being implemented  - Congress  is not  able to                                                                    
     track [it]  because so many of  these provision involve                                                                    
     law  enforcement activities  that are  done in  secret.                                                                    
     Our  representatives cannot  hold the  executive branch                                                                    
     of  government  accountable  -  they  cannot  hold  law                                                                    
     enforcement accountable  - when they don't  know what's                                                                    
     happening.  And neither can we, the people.                                                                                
Number 2819                                                                                                                     
MS. RUDINGER continued:                                                                                                         
     So Congressman Young, in our  meeting a couple of weeks                                                                    
     ago, agreed to do three things.   He said that he would                                                                    
     sign on  to cosponsor a  bill that has  been introduced                                                                    
     in   Congress  by   [Congressman]  Bernie   Sanders  of                                                                    
     Vermont, and  this bill will  begin to fix one  part of                                                                    
     the  [USA PATRIOT  Act], Section  215, that  deals with                                                                    
     library records.  And that  is something that, all over                                                                    
     Alaska, folks are very upset  about; the Alaska Library                                                                    
     Association has  taken a  very strong  position against                                                                    
     the   [USA  PATRIOT   Act],  especially   Section  215.                                                                    
     Congressman   Sanders's   bill    is   something   that                                                                    
     Congressman Young said he would support.                                                                                   
     The  second thing  Congressman Young  said he  would do                                                                    
     is, he is  very likely to oppose  the Domestic Security                                                                    
     Enhancement Act,  which is also known  as "PATRIOT II."                                                                    
     This is a  measure that was leaked in  January, or none                                                                    
     of us  would know  of its  existence.   It was  at that                                                                    
     point over 120 pages long  and it was being drafted for                                                                    
     the  purpose of  removing the  sunset provision  on the                                                                    
     [USA PATRIOT Act] and  also expanding law enforcement's                                                                    
     authority to conduct secret  searches even broader than                                                                    
     [it] already [is].  So  ... PATRIOT II, however it ends                                                                    
     up  being  introduced,  given the  intent  of  the  ...                                                                    
     proposed  bill, is  something that  Congressman [Young]                                                                    
     said he's very likely to oppose.                                                                                           
     And on the  sunset issue, I should add that  not all of                                                                    
     the USA PATRIOT Act does sunset  in [2005].  One of the                                                                    
     compromises that  was put into it  in Congress, because                                                                    
     no one  had had  time to  read it,  was:   "Well, let's                                                                    
     have it  sunset in  four years; let's  give this  a try                                                                    
     and see how it works."   But some of these changes such                                                                    
     as  the   provision  dealing  with  Section   213,  the                                                                    
     provision dealing with  "sneak-and-peak warrants," this                                                                    
     is a  permanent change in  the law; there is  no sunset                                                                    
     on this.                                                                                                                   
Number 2911                                                                                                                     
MS. RUDINGER, in response to a question, said:                                                                                  
     Well, a sneak-and-peak warrant  -- normally, the Fourth                                                                    
     Amendment requires  that if the government  is going to                                                                    
     search your  property, come into  your home,  come into                                                                    
     your computer  or your office and  download files, that                                                                    
     you have a right to  have notice that they're doing it.                                                                    
     A  sneak-and-peak warrant,  or what  used to  be called                                                                    
     "the    black-bag    job"    during    the    Watergate                                                                    
     investigations,  this  is  where you  don't  have  that                                                                    
     notice, where  the government can come  into your home,                                                                    
     download  your  files,  search through  your  property,                                                                    
     your  records,  go to  your  office  and do  the  same,                                                                    
     without  you ever  knowing  they were  there.   Or,  at                                                                    
     least  prior to  the  [USA PATRIOT  Act],  it could  be                                                                    
     months  before you  knew that  they  were there;  there                                                                    
     were  court cases  that  had ruled  they  could have  a                                                                    
     certain  amount of  time but  eventually  you had  [to]                                                                    
     know they were there.                                                                                                      
     The [USA  PATRIOT Act] says, under  some circumstances,                                                                    
     you may never  know that they were there;  the only way                                                                    
     you  would find  out  is if,  in  fact, their  searches                                                                    
     [led] to criminal charges being  filed against you.  So                                                                    
     if they  went in  and did  a fishing  expedition, found                                                                    
     nothing  and  left, under  the  [USA  PATRIOT Act]  you                                                                    
     don't  ever have  to  find out  that  they were  there.                                                                    
     That's  my understanding.   So  ... prior  to the  [USA                                                                    
     PATRIOT  Act], as  I mentioned,  the  court cases  said                                                                    
     that  ... after  a certain  amount of  time, you  would                                                                    
     know.   Well,  there  were very  tight restrictions  on                                                                    
     when this  kind of  a warrant would  be issued  - there                                                                    
     were basically five things that  law enforcement had to                                                                    
     show the  judge in  order to get  the warrant.   Number                                                                    
     one,  that an  individual's  physical  safety would  be                                                                    
     endangered  if notice  were given.   Two,  that someone                                                                    
     would flee prosecution.  Three,  that evidence would be                                                                    
     tampered with.                                                                                                             
TAPE 03-52, SIDE B                                                                                                            
Number 2988                                                                                                                     
MS. RUDINGER continued:                                                                                                         
     [Not  on  tape,  but  taken from  the  Gavel  to  Gavel                                                                    
     recording on the Internet,  was the following bracketed                                                                    
     portion.]   [Four,  that potential  witnesses could  be                                                                    
     intimidated -  or would be  intimidated, I  should say.                                                                    
     And five,  that an  investigation would  be jeopardized                                                                    
     or a trial  unduly delayed.  If they showed  any one of                                                                    
     those  things  and  convinced  the  judge  that  notice                                                                    
     would] be  potentially harmful,  they could  get around                                                                    
     the  notice  requirement,  but  eventually,  after  the                                                                    
     fact, they had  to tell you.  So, what  ... Section 213                                                                    
     of  the [USA  PATRIOT Act]  does is  take this  limited                                                                    
     authority  and  expand it.    It  used  to be  that  it                                                                    
     applied to  electronic information they were  trying to                                                                    
     get.   Now it expands it  so it applies to  any kind of                                                                    
     search,   whether  it's   for   physical  evidence   or                                                                    
     electronic evidence, and in any  kind of criminal case,                                                                    
     not just about terrorism.                                                                                                  
     So this is  a permanent change in the law,  and this is                                                                    
     one  of the  things that  a lot  of folks  in Congress,                                                                    
     frankly,  didn't  realize  the  scope  that  they  were                                                                    
     authorizing when  they agreed  to Section 213.  ... The                                                                    
     [American Civil  Liberties Union (ACLU)] has  been very                                                                    
     involved, it's  part of  a broad,  left-right coalition                                                                    
     including   the   Eagle   Forum,   ...   the   American                                                                    
     Conservative  Union, Gun  Owners  of  America, and  ...                                                                    
     groups  like People  for the  American Way  - over  100                                                                    
     groups  are involved  in working  to make  some changes                                                                    
     and put  some balance ...  back into the  inquiry here.                                                                    
     Anytime that the government  is proposing measures that                                                                    
     potentially  infringe on  our  civil  liberties in  the                                                                    
     name or security, there are  some questions that we the                                                                    
     people and our elected representatives should ask.                                                                         
     Number one,  we should  be asking:   "Show us  how this                                                                    
     really  makes us  safe.   Show us,  don't just  give us                                                                    
     some  feel-good  assertion.   Explain  to  me how  this                                                                    
     measure is  necessary to  make us safe."   Now,  if the                                                                    
     government   does  convince   you  that   the  specific                                                                    
     provision is going to keep  the public safe, then there                                                                    
     is  a balancing  that  comes into  play  - balance  the                                                                    
     increase in  safety with what  you may be giving  up in                                                                    
     terms  of individual  liberties.   If you're  getting a                                                                    
     minimal  increase in  safety  but  you're trading  away                                                                    
     some  very  essential   liberties,  maybe  the  balance                                                                    
     doesn't  weigh in  favor of  passing that  proposed ...                                                                    
     language.   If the balance  does tip in favor  of that,                                                                    
     then that makes  some sense. ... It's not  that we have                                                                    
     to trade  away our liberty  for our freedom; we  can be                                                                    
     both safe  and free  if the  right questions  are asked                                                                    
     and  we  make sure  that  we're  not trading  away  our                                                                    
     liberty  for  a false  sense  of  security, that  we're                                                                    
     really  getting  something  for this,  something  that,                                                                    
     frankly, ought to have something  to do with terrorism.                                                                    
Number 2842                                                                                                                     
MS. RUDINGER added:                                                                                                             
     And also the third  thing that Congressman Young agreed                                                                    
     to,  besides  working to  fix  the  library thing  with                                                                    
     [Congressman] Sanders  and opposing PATRIOT II  as it's                                                                    
     likely to  be introduced,  most importantly,  he agreed                                                                    
     to introduce legislation into Congress  to begin to fix                                                                    
     the USA PATRIOT Act -  an actual bill that would repeal                                                                    
     some of  these things and  amend some of  these things.                                                                    
     It's not the whole [USA  PATRIOT Act] that we're trying                                                                    
     to repeal, but there  are some very specific provisions                                                                    
     of  it that  are quite  onerous, and  Congressman Young                                                                    
     agreed to introduce legislation to ... get at that.                                                                        
     Now, of  course the  first thing  I then  said, besides                                                                    
     "Thank you," was "Well,  Congressman Young, you realize                                                                    
     as  soon   as  you   introduce  something   getting  at                                                                    
     attacking  or correcting  the [USA  PATRIOT Act]"  - as                                                                    
     Representative Coghill  pointed out, the  importance of                                                                    
     naming, it's very Orwellian, really  - "if your against                                                                    
     something called  the [USA PATRIOT Act]  does that make                                                                    
     you," and  he finished  the sentence  for me,  he said,                                                                    
     "Yeah, I'll  be called  'unpatriotic.'"   And so  ... I                                                                    
     left him  copies of the  Fairbanks resolution  that had                                                                    
     passed unanimously  in that city council  on January 6;                                                                    
     of  the  Juneau  resolution,  which at  that  time  was                                                                    
     pending but then has since  passed 6-1; copies of [the]                                                                    
     Gustavus [resolution]  - I didn't  have at that  time a                                                                    
     copy of [the]  North Pole [resolution], but  I see they                                                                    
     passed one as  well; and also copies of HJR  22 and SJR
     15, which were what I had at the time.                                                                                     
     And I asked  him if it would be helpful  to him and his                                                                    
     colleagues who  are maybe  not in  as safe  a political                                                                    
     position  as he  is,  when  they try  to  fix the  [USA                                                                    
     PATRIOT Act], is  it helpful that, right  now, we're up                                                                    
     to 97  communities around  the country,  including four                                                                    
     in  Alaska,  who  have passed  resolutions  calling  on                                                                    
     Congress to do this.  And  I said, "Would it be helpful                                                                    
     if  the   ...  Alaska   legislature  passed   a  strong                                                                    
     resolution calling  on Congress to do  this; it's going                                                                    
     to be pretty  hard to say you're unpatriotic."   And he                                                                    
     said, "Yes."                                                                                                               
Number 2741                                                                                                                     
MS. RUDINGER went on to say:                                                                                                    
     In fact, Senator Ogan had  placed a call to his office,                                                                    
     asking that  question, "Would this be  helpful to you?"                                                                    
     And he asked me to convey  to Senator Ogan, which I did                                                                    
     through  his staff,  that it  would be  helpful and  he                                                                    
     meant to  call him back  but he was in  transit between                                                                    
     [Washington]  D.C. and  Alaska.   So,  it  was a  great                                                                    
     meeting.   And there  are many  provisions of  the [USA                                                                    
     PATRIOT Act]  that are quite onerous  that Congress, at                                                                    
     the  time,  did not  realize  went  well beyond  what's                                                                    
     required,  as  the  wording  of   the  title  says,  to                                                                    
     intercept  and obstruct  terrorism,  but that  actually                                                                    
     gets to ordinary, routine criminal investigations.                                                                         
     So  ...   whether  this  becomes  a   joint  bipartisan                                                                    
     [resolution] with  two sponsors  on it, or  a committee                                                                    
     bill, or whatever ends up  happening, what the ACLU and                                                                    
     our coalition partners would like  to see is, something                                                                    
     that does  call on  Congress to  do their  homework, do                                                                    
     the  balancing  between  whether  these  measures  will                                                                    
     really keep  us safe  and, if so,  what are  we trading                                                                    
     away, and  be sure to understand  that.  So to  fix the                                                                    
     [USA   PATRIOT  Act]   where   that   balance  is   not                                                                    
     appropriately  struck,  but   also  have  some  binding                                                                    
     language in it - something with teeth. ...                                                                                 
     An  example  of  excellent   binding  language  is  the                                                                    
     Fairbanks  resolution.   Fairbanks is  saying that  our                                                                    
     city  dollars,  in  Fairbanks,  will  not  be  used  to                                                                    
     violate the bill  of rights to the extent  that we have                                                                    
     the right to  say no.  A lot of  the things coming down                                                                    
     under  the   [USA  PATRIOT  Act]  are   mandatory,  but                                                                    
     sometimes these  are voluntary requests that  come down                                                                    
     from the  feds, and having binding  language means that                                                                    
     the  answer  will  be,  "We   will  not  violate  civil                                                                    
     liberties  if it's  a voluntary  request."   Thank  you                                                                    
     very  much to  the  committee, and  I  look forward  to                                                                    
     working  with  anyone  that wants  to  put  together  a                                                                    
     bipartisan effort here.                                                                                                    
CHAIR WEYHRAUCH  said that it  is his  hope that the  House State                                                               
Affairs  Standing Committee  will pass  out both  resolutions and                                                               
that the two  sponsors will work together in  the House Judiciary                                                               
Standing Committee.                                                                                                             
Number 2622                                                                                                                     
ROGER W. SHANNON  suggested that the issue raised by  HJR 22, HJR
23,  and  SJR  15  are  important  enough  that  one's  political                                                               
affiliations ought not  hold sway in the discussion.   He went on                                                               
to say:                                                                                                                         
     We need  to come  together on  this issue  because it's                                                                    
     probably   one  of   the  most   important  pieces   of                                                                    
     legislation to  have been enacted upon  these shores in                                                                    
     many, many years.   With all this in mind,  I'd like to                                                                    
     give you an example as to what  I see going on.  Let me                                                                    
     take you back  to my football days in  high school when                                                                    
     we were  doing tackle practice,  and a little  buddy of                                                                    
     mine was  flipped the  ball from 10  yards away  and it                                                                    
     was my duty  to get down below it, at  ankle level.  He                                                                    
     was much shorter than myself.   We met head on.  When I                                                                    
     rolled off to  the side, he says, "Are  you all right?"                                                                    
     And  I  said,  "I  think   so."  ...  He'd  said,  "You                                                                    
     shouldn't be all right; check  your helmet."  I took it                                                                    
     off.   Sir,  there were  17 splits  and cracks  in that                                                                    
     helmet.   That's what  I'm starting  to see  with these                                                                    
     different  resolutions down  there.   We need  to throw                                                                    
     the  party lines  out and  individual (indisc.)  out of                                                                    
     this, and  [come] together and  live up to  that little                                                                    
     word  in HJR  and SJR   -  I believe  it says  "joint."                                                                    
     That's a  five-letter word, sir;  I believe  it equates                                                                    
     to  another   five-letter  word,  and  that   would  be                                                                    
MR. SHANNON said  that although he can see the  importance of and                                                               
the need  for the USA  PATRIOT Act, he can  also see the  need to                                                               
scrutinize  it,  to be  vigilant,  and  to  not give  away  civil                                                               
Number 2250                                                                                                                     
JANET KUSSART indicated that she  supports [the resolutions], and                                                               
asked the  committee to vote to  pass them.  She  relayed that if                                                               
she  were to  be  frightened  of anything,  it  would  be of  the                                                               
government and  of what  it might  do under the  name of  the USA                                                               
PATRIOT Act.  She went on to say:                                                                                               
     I've  never  been  so  upset,  to  think  that  my  own                                                                    
     government would pass  such an Act that  would cause us                                                                    
     to be afraid  of it, [for] our own being,  here in this                                                                    
     state and in  this nation. ... And we  ask our military                                                                    
     men and women  to fight for freedom  and democracy, and                                                                    
     yet we're living under something  right now that is not                                                                    
     good for  us. ...  I really  would want  you to  put us                                                                    
     back on  the right track,  and let our  Congress people                                                                    
     know ... that we do  not live under such a totalitarian                                                                    
     way of life.  Thank you.                                                                                                   
Number 2153                                                                                                                     
KATY PARRISH  said she  had some concerns  about the  USA PATRIOT                                                               
Act.  She elaborated:                                                                                                           
     Number  one, up  to 2,000  people, including  children,                                                                    
     have been  detained in the United  States without trial                                                                    
     or charge  or even legal  right.   The fate of  most is                                                                    
     unknown.     Rabih  Hadad,  one  of   the  detained,  a                                                                    
     respected  Muslim  pastor,  has been  charged  with  no                                                                    
     crime.   To date, Mr.  Hadad is being held  in solitary                                                                    
     confinement,  and  can only  see  his  family for  four                                                                    
     hours a  month.   Meanwhile, Congressman  John Conyers,                                                                    
     Jr.,  has  expressed outrage  over  the  fact that  his                                                                    
     proceedings,  to date,  have all  been in  secret.   As                                                                    
     Congressman    Conyers    states,   "Justice    delayed                                                                    
     translates to justice denied."                                                                                             
     On  March 20,  Jason Halperin,  a doctor  with [Doctors                                                                    
     Without Borders/Medicins Sans  Frontieres (MSF)], and a                                                                    
     friend were held  at gun point in  an Indian restaurant                                                                    
     in  Manhattan by  INS  [Immigration and  Naturalization                                                                    
     Service]  and Department  of Homeland  Security agents.                                                                    
     They told  the agents they  had no right to  hold them.                                                                    
     The  agents responded,  "You're  being  held under  the                                                                    
     [USA]   PATRIOT  Act   following  suspicion   under  an                                                                    
     internal Homeland  Security investigation.   These men,                                                                    
     other patrons,  and staff were terrorized  and held for                                                                    
     over two  hours while agents checked  their background.                                                                    
     They  were  subsequently   released  after  the  agents                                                                    
     realized [that] the tip given was a mistake.                                                                               
     Finally,  in  the  2002   performance  report  for  the                                                                    
     Department of  Justice, Section 8.1.b (ph),  the Office                                                                    
     of  Professional Responsibility  released data  looking                                                                    
     at  the  misconduct  of  U.S.  attorneys;  despite  the                                                                    
     implementation  of the  [USA  PATRIOT  Act], which  has                                                                    
     been  touted to  aid law  enforcement and  attorneys in                                                                    
     prosecuting  terrorists,  U.S. attorney  misconduct  is                                                                    
     the  highest it's  been in  six years.   Thanks  to the                                                                    
     [USA  PATRIOT Act],  having  less  checks and  balances                                                                    
     doesn't seem  to have  made a  positive impact  on law-                                                                    
     enforcement  ethics.     I  beg  you   to  pass  strong                                                                    
     resolutions such as  HJR 22 and SJR 15  to keep America                                                                    
     safe and free.  Thank you.                                                                                                 
Number 2018                                                                                                                     
GEOFF KENNEDY offered the following comments:                                                                                   
     One of the  three biggest lies, as you know,  is:  "I'm                                                                    
     from the government  and I'm here to help you."   I got                                                                    
     plenty of  government help  in the  1980s when  I spoke                                                                    
     out  publicly  against  the  immoral  policies  of  the                                                                    
     federal government.  I got  rewarded with audits by the                                                                    
     Internal Revenue  Service [IRS] again and  again.  Once                                                                    
     the IRS  examiner asked me  for evidence for  my claims                                                                    
     one, two,  three, and four.   When I did so,  she asked                                                                    
     questions about  claims numbers  five, six,  seven, and                                                                    
     eight.    I  told  her I  didn't  bring  such  evidence                                                                    
     because  she  didn't ask  me  to,  so she  unilaterally                                                                    
     [decided]  to disallow  my claims  - the  old bait-and-                                                                    
     switch trick.   I was  making about  $7 an hour  at the                                                                    
     time, I'd  guess you'd call  it the "leave  no person's                                                                    
     wallet behind" strategy.                                                                                                   
     Well  now,   big  government  has  the   Internet;  Mr.                                                                    
     Poindexter, of "Iran/Contra-gate"  infamy, can now find                                                                    
     an  opinion  piece  I  wrote  in  the  Catholic  Anchor                                                                  
     newspaper  in which  I suggested  people in  government                                                                    
     shouldn't just  post the Ten Commandments  but actually                                                                    
     obey them, even  on the job.  So now  the feds can find                                                                    
     out I'm  a member  of [a]  religion who's  leader, John                                                                    
     Paul II, has  publicly called the war  in Iraq immoral.                                                                    
     Now,  President Bush  says either  you're  with him  or                                                                    
     against him.   Does following my pope make  me an enemy                                                                    
     of my  country?  Now  the government insists  it's only                                                                    
     after terrorists, not dissenters.                                                                                          
     Yeah,  that's the  government that  told  me it  wasn't                                                                    
     doing  arms business  with  terrorists  to finance  the                                                                    
     Contras;  it's the  government that  told me,  "Read my                                                                    
     lips,  no new  taxes"; and  [it's] the  government that                                                                    
     told me, "I  did not have sex with that  woman."  Yeah,                                                                    
     right.   They're from the  government and  they're here                                                                    
     to help  me.  Well,  legislators, it's time  to decide:                                                                    
     Are you on  the side of Alaskans, or  tyrants?  Because                                                                    
     make  no mistake,  if you  let the  feds take  away our                                                                    
     rights, your  handing the terrorists  a victory.   It's                                                                    
     time to  tell the feds  to stick tyranny where  the sun                                                                    
     don't shine.  Thanks.                                                                                                      
Number 1899                                                                                                                     
JOHN ILIFF relayed that he is a librarian.  He went on to say:                                                                  
     A fundamental  tenant of my profession  is that library                                                                    
     patrons  should be  able to  read and  research with  a                                                                    
     reasonable  expectation  of  privacy.    With  the  USA                                                                    
     PATRIOT Act,  the bar  that assures  even a  modicum of                                                                    
     privacy for my  folks has been set too low.   Among the                                                                    
     problems with  the [USA PATRIOT  Act], that I  see, are                                                                    
     that  it provides  easy access  for  federal agents  to                                                                    
     library  and  bookstore  records  under  the  guise  of                                                                    
     obtaining  business records;  it  allows for  obtaining                                                                    
     records  that  can  be  part  of  really  overly  broad                                                                    
     investigations,  it  also  gags  librarians  and  other                                                                    
     library keepers  from telling the  folks that  we serve                                                                    
     that  they're  being   monitored,  that  they're  being                                                                    
     observed and scrutinized.                                                                                                  
     The  USA  PATRIOT  Act  was   passed  in  a  period  of                                                                    
     heightened emotion.   It is  time, I think, for  us now                                                                    
     to  be   levelheaded.    We  all   want  security,  but                                                                    
     excessive  information gathering  by federal  agents is                                                                    
     not  the answer.    It  is now  clear  that the  tragic                                                                    
     events  of  9/11 were  not  the  result of  too  little                                                                    
     information.    As  a  joint   committee  of  the  U.S.                                                                    
     Congress noted,  the failure to impede  the attacks was                                                                    
     due to a  lack of coordination of  information.  Stated                                                                    
     otherwise, the  feds don't need easy  access to library                                                                    
     records, they need better coordination of information.                                                                     
     Please  join  the  American  Library  Association,  the                                                                    
     Alaska  Library Association,  the American  Booksellers                                                                    
     Association,  and  many,  many other  organizations  by                                                                    
     resolving to  support the  U.S. Bill  of Rights  and by                                                                    
     condemning the onerous parts of  the [USA PATRIOT Act].                                                                    
     This is  not a Republican  party issue, and it's  not a                                                                    
     Democratic party issue;  it is neither a  liberal nor a                                                                    
     conservative  issue.    This   is  an  issue  of  basic                                                                    
     American  rights.    Please pass  HJR  22  and  declare                                                                    
     Alaska  a  safe  zone  for the  U.S.  Bill  of  Rights.                                                                    
Number 1787                                                                                                                     
FRANK  TURNEY,  Bill  of Rights  Defense  Committee  -  Fairbanks                                                               
Chapter,  thanked the  committee for  the opportunity  to testify                                                               
and the sponsors for bringing forth  the resolutions.  He went on                                                               
to say:                                                                                                                         
     As of right now, 97  cities and towns across the United                                                                    
     States   have   passed  resolutions   defending   civil                                                                    
     liberties  versus  the  [USA   PATRIOT  Act].    Arcata                                                                    
     California [passed]  the first ordinance  that actually                                                                    
     had teeth;  it was brought  by the mayor, the  chief of                                                                    
     police, and the city manager.   I'd like to remind [you                                                                    
     that]  not only  the  Fairbanks city  council passed  a                                                                    
     resolution, and  Juneau, but also  North Pole  passed a                                                                    
     ... resolution 7-0.  Looking  at the Bill of Rights and                                                                    
     the U.S.  Constitution and the [USA  PATRIOT Act], this                                                                    
     [USA PATRIOT  Act] is  not the  intent of  our Founding                                                                    
     Fathers when it comes  to protecting unalienable rights                                                                    
     versus the federal government.   The Bill of Rights has                                                                    
     been in jeopardy  for the past couple of  decades.  The                                                                    
     [USA PATRIOT Act] and Homeland  Security has added fuel                                                                    
     to destroy our Bill of Rights.                                                                                             
     I  support  our president,  as  far  as terrorism,  and                                                                    
     support our troops.   But I believe it  takes more than                                                                    
     a soldier  to protect our freedoms.   Elected officials                                                                    
     are sworn to  an oath to uphold  the U.S. Constitution,                                                                    
     and that includes the Bill  of Rights.  Looking at both                                                                    
     of  these House  resolutions, they  are both  worthy of                                                                    
     passing.  ...  Let's let  freedom  ring  and pass  both                                                                    
     these  resolutions  [out  of the  House  State  Affairs                                                                    
     Standing Committee].  Thank you.                                                                                           
Number 1680                                                                                                                     
LARRY HURLOCK noted that he'd worked on the Juneau resolution,                                                                  
and remarked that resolutions of this nature are easy to write                                                                  
but hard to get through the process.  He went on to say:                                                                        
     What I'm  urging you to do  is, ... move to  the center                                                                    
     ...  if you  must  ..., [and]  get  something out  this                                                                    
     session.   If you can't  get something with  big, sharp                                                                    
     teeth, at least use your  voice.  The Juneau resolution                                                                    
     called for  four action  items. ...  The first  was, we                                                                    
     asked for  continued congressional engagement  with the                                                                    
     issue  of government  surveillance.   And not  just the                                                                    
     [USA  PATRIOT   Act];  we  did  include   the  homeland                                                                    
     security Act,  and one  of the reasons  we did  that is                                                                    
     that the homeland security Act  has a provision in [it]                                                                    
     that prevents their own  inspector general from looking                                                                    
     at  those cases/investigations  which the  secretary of                                                                    
     the   Department  of   Homeland   Security  feels   the                                                                    
     [inspector]  general  shouldn't  be looking  at.    And                                                                    
     that's pretty egregious stuff; at  least in our opinion                                                                    
     it was.  ... We actually included,  also, the executive                                                                    
     The  second  action item  we  had  was, we  dealt  with                                                                    
     employee responses  to the  homeland security  Act. ...                                                                    
     The American  Library Association teaches  their people                                                                    
     how  to respond  to a  ...  subpoena, as  opposed to  a                                                                    
     warrant.   In other  words, with  a subpoena,  you just                                                                    
     don't  hand  something  forward; [with]  warrants,  you                                                                    
     react in a  much faster way, you give  them what [they]                                                                    
     want -  you give  them inventory.   My point  being, we                                                                    
     did  include an  employee  response  within our  action                                                                    
     items.  We  also created a repository  for complaints -                                                                    
     the Juneau borough does have  a human rights commission                                                                    
     - and  today, if you  feel that you are  being unjustly                                                                    
     put under surveillance by the  U.S. government, you can                                                                    
     report that to the  human rights commission, which will                                                                    
     report  that to  the assembly,  which is  to make  that                                                                    
     information public.                                                                                                        
Number 1442                                                                                                                     
MR. HURLOCK continued:                                                                                                          
     We  also  requested  reportage of  activity,  from  the                                                                    
     federal government, for actions  which are taken within                                                                    
     the  City and  Borough of  Juneau.   We worked  down to                                                                    
     just asking  for just  one single  number, and  we were                                                                    
     told   that,  "No,   you're  not   going  to   get  the                                                                    
     information."  But  we are a municipality;  this is the                                                                    
     state  of Alaska,  I think  there  is something  called                                                                    
     state's rights  and, hopefully, you have  a little more                                                                    
     clout  as to  getting the  kind of  reportage that  the                                                                    
     average person on  the street would like  to know about                                                                    
     the surveillance activities being  taken by the federal                                                                    
     government concerning their lives.                                                                                         
     I  have a  hiking partner:    he's an  NRA person,  [a]                                                                    
     hardcore conservative.  After  the events of 9/11, when                                                                    
     so many people  were being thrown in  jail, their names                                                                    
     not even being  given out, I said to him,  "You know, I                                                                    
     think  it's  just a  pity  that  in this  country  that                                                                    
     Congress doesn't even know the  names of the people who                                                                    
     are in jail."   And he said, "Well, what  bothers me is                                                                    
     that I don't know the names  of the people in jail."  I                                                                    
     wish  you   all  good  luck,  and   that  concludes  my                                                                    
     testimony.  Thank you.                                                                                                     
Number 1380                                                                                                                     
JED WHITTAKER offered the following testimony:                                                                                  
     The foundation of  the United States of  America was to                                                                    
     prevent  the  tyranny  of government,  the  tyranny  of                                                                    
     kings, and to  assert the common rights of man.   And I                                                                    
     do believe  that the  [USA PATRIOT Act]  is a  piece of                                                                    
     legislation  that  asserts  the tyranny  of  government                                                                    
     over  [the] common  rights of  man, and  therefore it's                                                                    
     not  a  good  thing.   It  was,  as  Jennifer  Rudinger                                                                    
     pointed out, a piece  of legislation that many Congress                                                                    
     people did not  read when they passed it;  they were in                                                                    
     shock because of the events of 9/11.                                                                                       
     I  do believe  that  I can  paraphrase Congressman  Don                                                                    
     Young, who  said that, "The  [USA PATRIOT Act]  bill is                                                                    
     the worst piece of legislation  I ever voted for."  And                                                                    
     now, I'm glad to see that  he has seen the error of his                                                                    
     ways  and is  attempting  to stand  up  for the  common                                                                    
     rights of man  against the tyranny of  government.  And                                                                    
     make  no mistake  about it,  the [USA  PATRIOT Act]  is                                                                    
     tyrannical.    I  commend   the  bipartisan  effort  of                                                                    
     Representative Guttenberg and Representative Coghill.                                                                      
     Once you get finished with  this, please take a look at                                                                    
     the homeland  security Act,  which, if  I may  take the                                                                    
     time  to quote  form a  column by  William Safire,  the                                                                    
     homeland  security Act  allows:    "Every purchase  you                                                                    
     make with  a credit  card, every  magazine subscription                                                                    
     you buy  and medical  prescription you fill,  every web                                                                    
     site you  visit and e-mail  you send or  receive, every                                                                    
     academic  grade you  receive,  every  bank deposit  you                                                                    
     make, every trip you book  and every event you attend -                                                                    
     all these transactions and  communications will go into                                                                    
     what the  defense department  describes as  'a virtual,                                                                    
     centralized  grand  database.'   To  this  computerized                                                                    
     dossier on  your private life from  commercial sources,                                                                    
     add  every piece  of  information  that government  has                                                                    
     about  you -  passport application,  [driver's license]                                                                    
     and bridge toll records,  judicial and divorce records,                                                                    
     complaints  from  nosy  neighbors   to  the  FBI,  your                                                                    
     lifetime  paper trail  plus  the  latest hidden  camera                                                                    
     surveillance - and you have  the supersnoop's dream:  a                                                                    
     'Total   Information   Awareness'  about   every   U.S.                                                                    
     Well, that  got passed as  well, and it is  really very                                                                    
     scary  to think  about the  tyrannical powers  that the                                                                    
     United States government has.   And it's time to try to                                                                    
     defend what this country's all  about, which is freedom                                                                    
     not tyranny,  and therefore I  urge you to  bring these                                                                    
     resolutions  [forth],  to  give  our  congressmen  some                                                                    
     backbone and to recognize that  they did make a mistake                                                                    
     and  that  they  have   the  opportunity  to  recommend                                                                    
     [fixing]  it.   This is  a grassroots  effort, and  the                                                                    
     more they hear from the  people around the country, the                                                                    
     more they will act.  Thank you very much.                                                                                  
Number 1115                                                                                                                     
JOHN BRADING said he would be speaking in support of both [HJR
22 and HJR 23].  He went on to say:                                                                                             
     I found  an interesting  quote from a  famous statesman                                                                    
     that lived during Roman Empire  times, some 2,000 years                                                                    
     ago, that  relates to these  resolutions:   "Beware the                                                                    
     leader who bangs the drums of  war in order to whip the                                                                    
     citizenry  into  patriotic  fervor, for  patriotism  is                                                                    
     indeed a  double edged  sword -  it both  emboldens the                                                                    
     blood just as it narrows the  mind - and when the drums                                                                    
     of war have reached a  fever pitch, and the blood boils                                                                    
     with hate and the mind  is closed, the leader will have                                                                    
     no need to  seize the rights of  the citizenry; rather,                                                                    
     the  citizenry,  infused  with   fear  and  blinded  by                                                                    
     patriotism,  will offer  up all  their rights  unto the                                                                    
     leader and  gladly so.   How  do I know?   For  this is                                                                    
     what I have done, and I am Caesar"                                                                                         
     Quite  interesting, that  quote  was.   This  ingenious                                                                    
     mind-control  technique is  used  over  and over  again                                                                    
     through  the  centuries.   [It  was]  picked  up  again                                                                    
     [seventy]  years  ago by  Adolph  Hitler,  who came  to                                                                    
     power in 1933 because  of a terrorist's successful fire                                                                    
     bombing  of   the  German  parliament  -   Reichstag  -                                                                    
     building.   Hitler  used this  terrorist attack  on the                                                                    
     German homeland  to bang the  drums of war in  order to                                                                    
     whip the citizenry into a  patriotic fervor that boiled                                                                    
     their  blood   and  filled   their  minds   with  hate.                                                                    
     Psychologists  today call  this, (indisc.),  a part  of                                                                    
     the brain,  backwards to  trigger the  mind's reptilian                                                                    
     flight-or-fight survival mode.                                                                                             
MR. BRADING continued:                                                                                                          
     That's what  is manipulating the mass  consciousness of                                                                    
     the  U.S.  people  for   control,  power,  and  wealth-                                                                    
     building  greed.    I  believe   the  power  elite  and                                                                    
     corporate  greed  machine  are simply  doing  a  modern                                                                    
     version of  the old tried and  true Caesar-Hitler scam:                                                                    
     first creating  fear with  9/11, then  do war,  we win,                                                                    
     leaders are  cheered, military  industrial corporations                                                                    
     make  billions, [and]  the duped  U.S. people  foot the                                                                    
     bill with  blood and  more taxes.   All the  while, our                                                                    
     minds are  in shock  with fear  and diverted  away from                                                                    
     the  "un-patriot"  Act  (indisc) and  executive  orders                                                                    
     that seized the  rights of people.   Pretty slick scam,                                                                    
     If these  Acts and executive orders  stand, our country                                                                    
     will [be]  converted into a fascist  police state ruled                                                                    
     by  ...  secrecy  behind  closed   doors.    Those  who                                                                    
     exercise  their   First  Amendment  rights   to  oppose                                                                    
     government  policies will  disappear  first, just  like                                                                    
     Hitler did,  just like Stalin  did, just like  Mao did;                                                                    
     it will be the final,  complete abduction of democratic                                                                    
     laws  and  principles.    Wake  up,  America  -  demand                                                                    
     freedom  from  bondage.    Our  constitution  does  not                                                                    
     defend  itself,  we the  people  must.   I  request  my                                                                    
     elected  representatives to  repeal  those portions  of                                                                    
     the so-called  USA PATRIOT Act, homeland  security Act,                                                                    
     and   related  executive   orders   that  destroy   our                                                                    
     constitutional rights.  Thank you.                                                                                         
Number 0846                                                                                                                     
MIKE PRAX thanked  the committee for hearing testimony  on HJR 22                                                               
and HJR 23.  He went on to say:                                                                                                 
     I think  it's essential to  consider that one  of these                                                                    
     resolutions should get  through the legislative process                                                                    
     and  be passed  this  session if  possible.   The  [USA                                                                    
     PATRIOT Act] is [a] huge  bill that affects many people                                                                    
     and  many   aspects  of  our  life,   and  Congress  is                                                                    
     considering other  bills that could make  the situation                                                                    
     even worse.   The first thing that we need  to do is to                                                                    
     get the  attention of  Congress by  passing resolutions                                                                    
     of  this   nature,  letting  them  know   that  we  are                                                                    
     concerned about it.  And  once we have their attention,                                                                    
     then we can  (indisc.).  So, I hope that  you don't get                                                                    
     too  hung up  in the  details; (indisc.)  emphasize the                                                                    
     need  to  move this  through  and  pass something  this                                                                    
     legislative session.  Thanks a lot.                                                                                        
Number 0756                                                                                                                     
ELIZABETH   CUADRA  thanked   the  committee   for  hearing   the                                                               
resolutions and the  sponsors for bringing them forth.   She said                                                               
that she  supports HJR 22  and hopes that  the sponsor of  HJR 23                                                               
will merge  that resolution with  HJR 22, making it  a bipartisan                                                               
effort.  She offered her belief  that the USA PATRIOT Act impacts                                                               
the rights  laid out  in the First,  Fourth, Fifth,  Six, Eighth,                                                               
and Fourteenth Amendments to the U.S. Constitution.  She went on                                                                
to say:                                                                                                                         
     It seems  to me  that fear  is the  problem.   There is                                                                    
     fear in  this country ever  since 9/11, and we  are now                                                                    
     burdened with  a U.S. attorney general,  John Ashcroft,                                                                    
     who knows  how to  take advantage of  that fear  to get                                                                    
     what he  wants.  I  fear him far  more than I  fear any                                                                    
     terrorists.  I was a child  when World War II began, on                                                                    
     a  farm  in Kansas,  and  remember  listening to  radio                                                                    
     broadcasts of speeches by President  Roosevelt.  And in                                                                    
     one of  those speeches, he  said something that  I hear                                                                    
     quoted  again nowadays:   "The  only thing  we have  to                                                                    
     fear  is  fear  itself."    And  yet  even  under  that                                                                    
     administration, this country  made the horrible mistake                                                                    
     of  interning  U.S.  citizens   in  prison  camps  just                                                                    
     because they  were of Japanese  ancestry.   That's what                                                                    
     fear does.                                                                                                                 
     Yesterday  in  the  news  we   were  reminded  of  what                                                                    
     happened  50  years  ago, during  the  cold  war,  when                                                                    
     Senator Joseph  McCarthy held secret hearings  in which                                                                    
     he  interrogated  and   intimidated  roughly  390  U.S.                                                                    
     citizens  over whether  they  were  communists or  not.                                                                    
     The transcripts were finally released  - after 50 years                                                                    
     of  being  under  seal  -  yesterday.    John  Ashcroft                                                                    
     belongs in this array of  events with what he is trying                                                                    
     to  do   to  our  country   and  to  our   rights  now,                                                                    
     unfortunately.   He  told congress,  when he  presented                                                                    
     them the  USA PATRIOT Act legislation,  "You have three                                                                    
     days to  pass this  bill, after that  you are  the ones                                                                    
     responsible for more terrorist acts in this country."                                                                      
     You've already  heard about the  anthrax in  the Senate                                                                    
     buildings at  the same time  and the fact  that members                                                                    
     of Congress never actually read  the [USA PATRIOT Act].                                                                    
     Congressman Young  has been heard  to say that  this is                                                                    
     the  worst  ...  thing  that Congress  ever  did  -  or                                                                    
     something  to  that effect  ....    Obviously, we  need                                                                    
     constant  vigilance  if  we're  going  to  prevent  the                                                                    
     country that  I love  from becoming  a place  where our                                                                    
     federal  agencies and  even our  local  police are  now                                                                    
     required to act as if they  were part of the old Soviet                                                                    
     KGB.   And  the  reason  is also,  we  have PATRIOT  II                                                                    
     coming  down  the   line.    And  under   that  one,  I                                                                    
     understand, even  we native born  U.S. citizens  can be                                                                    
     stripped of  our citizenship  if we  put a  foot wrong.                                                                    
     So please do  enact this legislation, and  please do it                                                                    
     this session.                                                                                                              
Number 0365                                                                                                                     
GREG  ESCHRIGHT  thanked the  committee  for  the opportunity  to                                                               
testify and  the sponsors for bringing  HJR 22 and HJR  23 forth.                                                               
He offered the following as  a dictionary definition of republic:                                                               
"A political order  in which the supreme power lies  in a body of                                                               
citizens   who   are   entitled   to  vote   for   officers   and                                                               
representatives responsible  to them."   He opined  that inherent                                                               
in  that  definition is  a  "need  for  civil liberties  and  the                                                               
ability to  have information about  our government and  what it's                                                               
doing.  He posited that the  issue raised by the resolutions is a                                                               
nonpartisan  issue,   adding  that  he  supports   passage  of  a                                                               
resolution and that it is  imperative that the legislature act on                                                               
it.   He reiterated earlier  comments about the USA  PATRIOT Act,                                                               
adding that it was adopted  without the citizenry being given the                                                               
opportunity to know what it contained.                                                                                          
MR. ESCHRIGHT opined that the  Bill of Rights conceptualizes God-                                                               
given  rights rather  than  government-granted  rights, and  that                                                               
these rights are rights that  citizens hold for themselves rather                                                               
than  rights  that  the  government   holds  to  protect  itself.                                                               
Referring  to the  USA  PATRIOT Act,  he noted  that  one of  its                                                               
provisions pertains  to the collection  of e-mail data,  and that                                                               
advocates  of that  provision say  that  those collecting  e-mail                                                               
will  only read  who it's  being sent  to and  where it  was sent                                                               
from.  Addressing  the members, he said:  "You  wouldn't let them                                                               
do that with  your regular mail; ... I wouldn't  let them do that                                                               
with my e-mail."                                                                                                                
MR. ESCHRIGHT concluded:                                                                                                        
     When you  listen to the  administration talk  about the                                                                    
     current holding of prisoners, one  of the things that's                                                                    
     said is  that they  have no  trouble getting  people to                                                                    
     talk.  Well, the problem with  that is that the Bill of                                                                    
     Rights,  particularly, ...  forbids being  compelled to                                                                    
     [be  a]  witness  against [oneself],  and  that's  very                                                                    
     definitely    being   allowed    under   the    current                                                                    
     legislation.  Thank you.                                                                                                   
TAPE 03-53, SIDE A                                                                                                            
Number 0001                                                                                                                     
DAVID  NOON  relayed   that  he  teaches  U.S.   history  at  the                                                               
University  of  Alaska  Southeast.     He  indicated  that  as  a                                                               
historian he  is gratified to hear  testimony offering historical                                                               
examples.  He went on to say:                                                                                                   
     [Also] as  a historian,  I'm aware of  ... many  of the                                                                    
     long-term,    often    unintended,   consequences    of                                                                    
     legislation -  in U.S. history -  that has criminalized                                                                    
     what  should be  and what's  usually recognized  as the                                                                    
     constitutionally   protected  activities   of  ordinary                                                                    
     citizens.  ...  We've  heard   some  examples  of  this                                                                    
     already; people have  referenced the McCarthy hearings.                                                                    
     I would  also reference  World War I  era anti-sedition                                                                    
     legislation, as  well as many  of the abuses  that were                                                                    
     uncovered  in  the  1970s by  the  "Church  committee,"                                                                    
     particularly  campaigns conducted  by the  FBI [Federal                                                                    
     Bureau  of  Investigation]  and  by  the  CIA  [Central                                                                    
     Intelligence  Agency] to  target domestic  civil rights                                                                    
     organizations, antiwar groups, and so forth. ...                                                                           
     A point  I would like  to make  in addition to  that is                                                                    
     that many  of the [damages] caused  by these particular                                                                    
     episodes   in   American   history   did   not   result                                                                    
     necessarily  from a  swooping  tyrannical power  coming                                                                    
     from Washington [D.C.].   Much of the  damage caused by                                                                    
     the McCarthy  hearings took place with  the cooperation                                                                    
     of, and  often at the instigation  of, local government                                                                    
     officials,    school   boards,    state   investigative                                                                    
     committees, and so forth.   So I think that when states                                                                    
     like Alaska, or the [City  and Borough of Juneau (CBJ)]                                                                    
     initiate resolutions  of this  kind, it's  an important                                                                    
     counterbalance to  that fear  that many  of us  have of                                                                    
     federal   authority   and   federal   power   exercised                                                                    
     And I think  it is crucial for communities  to stand up                                                                    
     for the people  who work for them:   librarians, public                                                                    
     health officials,  police officers, and so  forth.  And                                                                    
     I think that  ... a resolution of  this kind reiterates                                                                    
     what  the 100  communities  and several  states in  the                                                                    
     U.S.  have already  insisted on,  which  is that  their                                                                    
     communities back  them up.   And that's  all I  have to                                                                    
     say.  Thank you.                                                                                                           
Number 0241                                                                                                                     
JUNE PINNELL-STEPHENS relayed that she is on the board of the                                                                   
AkCLU and on the council of the American Library Association.                                                                   
She went on to say:                                                                                                             
     I want to discuss particularly  Section 215 of the [USA                                                                    
     PATRIOT  Act].   And  although  the  U.S. attorney  for                                                                    
     Alaska,  Tim  Burgess  (ph),   says  that  the  library                                                                    
     community  is   overreacting,  because   libraries  and                                                                    
     bookstores  aren't even  mentioned, I'd  like to  point                                                                    
     out  that no  specific entity  is mentioned  in Section                                                                    
     215 -  ... therefore, all  of us  are covered.   And in                                                                    
     fact, within  the first three  months after  9/11, more                                                                    
     than 200  public libraries in this  country had already                                                                    
     been contacted  by the  law enforcement  officials, and                                                                    
     within twelve months, that number rose to nearly 600.                                                                      
     Other  incidents include  computers being  removed from                                                                    
     libraries in  Washington [D.C.] without a  court order;                                                                    
     every public internet access  computer was removed from                                                                    
     the  library in  Wisconsin; and  in New  Mexico, Andrew                                                                    
     O'Connor,  a former  public defender,  was arrested  in                                                                    
     St.  John's College  library, taken  away in  handcuffs                                                                    
     and held for five hours  after he was accused of making                                                                    
     threatening  remarks about  President  Bush  in a  chat                                                                    
     room.    Mr.  O'Connor  contends  that  he  made  those                                                                    
     comments  in person  to another  person in  the library                                                                    
     and he was swept up  by mistake after federal officials                                                                    
     had warned  institutions in  the area  about suspicious                                                                    
     persons being around.                                                                                                      
     Underlying these  attempts to  gain records  of library                                                                    
     use  is  an absurd  assumption  that  it's possible  to                                                                    
     equate what people will do based  on what they read.  I                                                                    
     frequently  buy material  for the  public library  here                                                                    
     about explosives  and blasting  because Fairbanks  is a                                                                    
     mining center  and I think  it's important  that miners                                                                    
     have  access  to  current, accurate  information  about                                                                    
     safe handling  procedures.  Will  they continue  to use                                                                    
     these materials if  they think the FBI  is looking over                                                                    
     their shoulders, much less adding  their names to watch                                                                    
     lists?  Another  concern I have is the  use of national                                                                    
     security letters.   These are  administrative subpoenas                                                                    
     issued  by the  FBI without  court review.   There  are                                                                    
     more than 1,200 of them  issued in the year 2002, which                                                                    
     is a  30 percent increase  over the previous  year, and                                                                    
     now there's a proposal to expand their use by the CIA.                                                                     
     There are also  proposals, as you know,  in the Senate,                                                                    
     to  remove the  sunset  provision of  the [USA  PATRIOT                                                                    
     Act].  Other speakers  have already mentioned that this                                                                    
     is a  bipartisan effort.  Lori  Waters, who represented                                                                    
     Phyllis Schlafly's  Eagle Forum, began her  comments at                                                                    
     a speech at the  American Conservative Union by saying,                                                                    
     "Everyone in this  room is a suspect  until it's proven                                                                    
     that you're not." ... I do  want to point out that Dick                                                                    
     Army says, "The justice  department seems to be running                                                                    
     amok; this agency, right now,  is the biggest threat to                                                                    
     personal liberty  in the country."   I certainly concur                                                                    
     with  that  comment,  and  I   urge  you  to  pass  the                                                                    
     strongest statement possible to  turn back these abuses                                                                    
     and excesses.  Thank you very much.                                                                                        
Number 0529                                                                                                                     
ANDREA DOLL  indicated that her  freedom to write letters  to the                                                               
editor, march with peace signs,  and testify before committees is                                                               
what makes America the country that  its citizens love.  She went                                                               
on to say:                                                                                                                      
     I  am  here  because   I  believe  that  representative                                                                    
     government begins  right here  at this local  level, at                                                                    
     the town meeting, beginning with  the town meeting, and                                                                    
     then that voice continues and  goes right here into the                                                                    
     state, and then from the  state this voice, your voice,                                                                    
     will go  onto the federal  government.  And  the public                                                                    
     response to the  [USA PATRIOT Act] has  been very, very                                                                    
     strong.   Democracy  is  built on  an  open dialog  and                                                                    
     checks  and  balances,  and this  is  being  threatened                                                                    
     right  now  by  the   alarming  federal  trend  towards                                                                    
     secrecy and  suspicion of the American  citizen and the                                                                    
     expansion of executive power.                                                                                              
     Well,  when   we  ask  our   military  to   defend  our                                                                    
     democratic  principles on  a  battlefield,  are we,  as                                                                    
     citizens,  able to  stand by  and watch  our principles                                                                    
     taken  away by  a  pen and  a pencil  and  we don't  do                                                                    
     anything?   And  [so  then] I  ask you  all:   Are  you                                                                    
     willing  just to  stand by  and  do nothing?   I  don't                                                                    
     think you are.  Are we  as citizens willing to lose our                                                                    
     rights  - and  our  freedom ...  to  assemble, and  our                                                                    
     rights  to privacy,  our right  to trial  by jury,  our                                                                    
     freedom of  speech -  so that  we might  have security?                                                                    
     And  I think  of this  security as  sort of  [a] padded                                                                    
     cell.    Well, democracy  is  risky,  and vigilance  is                                                                    
     really  what it's  all about.   So  I thank  you, right                                                                    
     now,  thank every  one  of you,  for  being alert,  for                                                                    
     having   this   dialog,   for  inviting   us   in   and                                                                    
     demonstrating  what  this  whole thing  is  all  about.                                                                    
     Thank you.                                                                                                                 
Number 0710                                                                                                                     
NINA MOLLETT thanked  the committee for the  opportunity to speak                                                               
and the  sponsors for bringing  the resolutions forth.   She went                                                               
on to say:                                                                                                                      
     I feel  more secure living  in [a] state which  has now                                                                    
     had four  city councils - borough  assemblies - passing                                                                    
     these  resolutions to  defend the  Bill of  Rights, and                                                                    
     having  the feeling  that this  body also  is going  to                                                                    
     pass a  similar resolution.   It  makes me  feel better                                                                    
     about my  fear [regarding] the road  this country seems                                                                    
     to be  going - I  do think  that we're tumbling  down a                                                                    
     slippery  slope. ...  A  lot of  people  are afraid  of                                                                    
     what's going  on in this  country, and afraid  that all                                                                    
     of our democratic rights are  eroding very rapidly.  So                                                                    
     I'd like  to encourage  you to  pass a  resolution that                                                                    
     has as many teeth in it as can be. ...                                                                                     
     And I'm  proud of  [Congressman] Young; ...  I'm really                                                                    
     glad he  said that  this was the  worst bill  he'd ever                                                                    
     passed, because, in my opinion,  he's voted for quite a                                                                    
     few bad bills.  ... Power does corrupt ...  - it's just                                                                    
     the way  we are  - and  I think it's  a mistake:   this                                                                    
     government  has been  acting  very  secretive itself  -                                                                    
     they  don't want  to give  us  ... enough  information.                                                                    
     They don't want  to give us information,  but they want                                                                    
     to  get information  from us,  and  I think  this is  a                                                                    
     recipe for  disaster.  So  ... thank you very  much for                                                                    
     doing this.                                                                                                                
Number 0972                                                                                                                     
HEATHER McINTYRE  said that she  supports an amalgamation  of HJR
22 and  HJR 23,  adding that  she is really  pleased that  it has                                                               
become a bipartisan effort.   She reiterated that many members of                                                               
Congress did not  have time to read the 342-page  USA PATRIOT Act                                                               
before it  was passed less than  two months after 9/11,  and that                                                               
there  was no  public debate  conducted at  that time.   She  too                                                               
noted  that Don  Young has  been noted  as describing  it as  the                                                               
worst Act  ever passed.   She acknowledged, however, that  it was                                                               
unlikely  that anyone  would have  been willing  to vote  against                                                               
something  called a  "patriot" Act.   She  relayed that  although                                                               
she'd at  first thought  that the provisions  of the  USA PATRIOT                                                               
Act were  justified, she has since  come to realize that  she was                                                               
wrong, adding that many Americans  now realize the Act's negative                                                               
impact  on the  long-cherished  freedoms and  civil liberties  of                                                               
law-abiding residents.  She stated:   "It's now time for the [USA                                                               
PATRIOT  Act] to  be  properly  in Congress,  and  passage of  an                                                               
amalgamation  of HJR  22 and  [HJR 23]  will help  encourage that                                                               
Number 1062                                                                                                                     
ALVIN A. ANDERS, Alaska Libertarian  Party, simply urged members,                                                               
on behalf of  his organization and himself, to  pass a resolution                                                               
with teeth in order to make Congressman Young's job easier.                                                                     
M. MIKE LAWLESS relayed that two  weeks ago he was a delegate for                                                               
the Bill of Rights Defense  Committee that met with many members.                                                               
He went on to say:                                                                                                              
     I  have  a lot  of  confidence  in  the body  there  in                                                                    
     Juneau; I  know that when [Representative]  Coghill and                                                                    
     [Representative]  Guttenberg  say  they're  willing  to                                                                    
     work together to put some  teeth in the resolution that                                                                    
     will  reflect  the  vast   majority  of  [opinions]  of                                                                    
     Alaskans  concerning  the USA  PATRIOT  Act,  I have  a                                                                    
     feeling [they're] going to get  [it] done.  I'd like to                                                                    
     thank the  staff down  there too,  because I  know that                                                                    
     this  is taking  up  a  lot of  their  time and  [it's]                                                                    
     My  only passing  comment is  that the  Bill of  Rights                                                                    
     [was] handed to us in  trust, at great sacrifice, and I                                                                    
     don't  believe  we have  the  right  to trade  off  our                                                                    
     securities   and   leave   our  children   without   an                                                                    
     opportunity  to enjoy  the same  freedoms we  had, just                                                                    
     because  we're  getting a  little  wound  up about  the                                                                    
     terrorists now.   Anyway,  do your  job down  there and                                                                    
     pass  what's noble  in our  character, not  what's base                                                                    
     and fearful in  it.  I have confidence  ... that you'll                                                                    
     send  a message,  nationwide, [regarding]  where Alaska                                                                    
     stands  when it  comes to  the application  of the  USA                                                                    
     PATRIOT Act.  Thank you.                                                                                                   
Number 1202                                                                                                                     
PAOLA GREER thanked the sponsors for bring forth HJR 22 and HJR
23.  He said:                                                                                                                   
     The [USA PATRIOT Act] was  introduced by the Whitehouse                                                                    
     soon   after  September   11;  Attorney   General  John                                                                    
     Ashcroft gave Congress one week  to pass a bill without                                                                    
     changes.   Few Americans  have the slightest  idea what                                                                    
     the  law contains  or  what it  means;  those that  do,                                                                    
     think it  deals with  foreigners, just  foreigners, and                                                                    
     terrorists.   Nothing  could be  less true.   One  U.S.                                                                    
     Congressman  said  it  plainly,  "This  was  the  least                                                                    
     democratic   process   for  debating   questions   [of]                                                                    
     fundamental democracy  I've ever seen:   A bill drafted                                                                    
     by  [a] handful  of  people in  secret,  subject to  no                                                                    
     committee   process,  comes   before  us   immune  from                                                                    
     amendment."   Now Attorney General John  Ashcroft wants                                                                    
     to strengthen the  first Act with a new  one called the                                                                    
     "Domestic  Security Enhancement  Act of  2003," or  ...                                                                    
     PATRIOT Act II.                                                                                                            
     In short,  it says:   many of  the [USA  PATRIOT Act's]                                                                    
     limited  sunset provisions  could  be  erased from  the                                                                    
     books;  Businesses that  rat on  customers to  the feds                                                                    
     would  be granted  immunity,  even  if the  information                                                                    
     violates  privacy  agreements  or  is,  in  fact,  dead                                                                    
     wrong;  police officers  carrying out  illegal searches                                                                    
     would also be granted legal  immunity if they were just                                                                    
     carrying  out   orders;  American  citizens   would  be                                                                    
     subject to secret surveillance  by their own government                                                                    
     on    behalf    of   foreign    countries,    including                                                                    
     dictatorships; the  death penalty would be  expanded to                                                                    
     cover 15 new offenses;  legal permanent residents could                                                                    
     be deported  instantaneously without a  criminal charge                                                                    
     or  even evidence  if  the  attorney general  considers                                                                    
     them  a threat  to national  security; Americans  could                                                                    
     have  their citizenship  revoked, and  be exported,  if                                                                    
     found  to have  contributed ...  "material support"  to                                                                    
     organizations   deemed   by    the   government,   even                                                                    
     retroactively, to be  terrorist; the government [shall]                                                                    
     be instructed to build a  mammoth database of citizen's                                                                    
     DNA  [deoxyribonucleic acid]  information if  (indisc.)                                                                    
     only  suspected  of  wrongdoing by  a  law  enforcement                                                                    
     officer; DNA  would also be  collected from  anyone who                                                                    
     is or has  been on probation for a crime  no matter how                                                                    
     minor;  for  the first  time  in  U.S. history,  secret                                                                    
     arrests will  be specifically permitted;  meanwhile, if                                                                    
     you happen to find out  something about the identity or                                                                    
     whereabouts or anything else about  a detainee, it will                                                                    
     be criminal if you ... [do  not] reveal it, even if you                                                                    
     are the detainee's parent, spouse, or child.                                                                               
     The powers  granted already in  the [USA  PATRIOT Act],                                                                    
     if PATRIOT  II should  pass, will  fundamentally change                                                                    
     American  society.   Please understand  the seriousness                                                                    
     of  these Acts,  and  do  what you  can  to defend  our                                                                    
     people and  Constitution.  You  may not have  much time                                                                    
     left to make  a difference, but we might  have the rest                                                                    
     of our  lives to  wish you had  tried a  little harder,                                                                    
     sooner.  Please try now.  Thank you.                                                                                       
Number 1374                                                                                                                     
LIZ GREIG expressed appreciation  for the opportunity to testify.                                                               
She said she would like to see  an amalgamation of HJR 22 and HJR
23, one  that contains more teeth  if possible.  She  referred to                                                               
the  USA PATRIOT  Act, the  homeland security  Act, the  Domestic                                                               
Security Enhancement  Act of 2003, and  related executive orders,                                                               
and  asked  the  committee  to   investigate  them  for  all  the                                                               
previously state reasons.  She concluded by saying:                                                                             
     I've  been  taking  a  master  gardener  class,  and  a                                                                    
     comment that a lady said  to me in California yesterday                                                                    
     was ...,  "We don't know if  we can ship the  red worms                                                                    
     because,   since   9/11,    our   shipping   has   been                                                                    
     restricted."   Red  worms?   I  don't  know why  that's                                                                    
     contrary  to  the  peace and  security  of  the  United                                                                    
     States, but apparently it is.  Thank you very much.                                                                        
Number 1454                                                                                                                     
ANNA GODDUHN  relayed that the  Bush Administration has  made her                                                               
an activist  and a patriot in  a way that she  never anticipated.                                                               
As  Americans,  she  remarked,  people have  the  right  and  the                                                               
responsibility   to  question   the   motives   and  methods   of                                                               
governmental  officials, adding  "The war  has made  us think  an                                                               
awful  lot  about  patriotism,  but  I really  do  feel  a  civic                                                               
responsibility  to  question  our  officials."    She  said  that                                                               
although those  that protest the preemptive  warfare paradigm and                                                               
the erosion of civil liberties  are scorned as unpatriotic, those                                                               
people  are really  just performing  their civic  duty and  it is                                                               
their   responsibility,   as   citizens,  to   raise   unpleasant                                                               
questions.   She  added,  "Our Founding  Fathers  knew well  that                                                               
governments  could and  would become  corrupt; they  designed the                                                               
safeguards  to  prevent  such outcomes,  and  they  intentionally                                                               
excluded the  measures such  as those found  in the  [USA PATRIOT                                                               
MS. GODDUHN  assured the committee  that protesters  have respect                                                               
and  appreciation for  the troops;  protesters  have issues  only                                                               
with those who would put them in  harm's way on the basis of weak                                                               
and  misrepresented and  even fabricated  evidence.   Times  have                                                               
changed, she  acknowledged, and that  makes evaluating  risk more                                                               
complicated,  but it  also  makes honesty  in  and disclosure  of                                                               
policy decisions even  more important than ever.   In conclusion,                                                               
she  said   that  she  wholeheartedly   supports  passage   of  a                                                               
combination  of HJR  22 and  HJR  23, and  that she  particularly                                                               
appreciates the  language in HJR  22 that protects her  and other                                                               
critics of the federal  government from undisclosed investigation                                                               
in  the absence  of probable  cause  of criminal  activity.   She                                                               
thanked the  committee for  being willing  to participate  in the                                                               
"all-American  process of  checking and  balancing the  powers of                                                               
the executive branch."                                                                                                          
Number 1630                                                                                                                     
MICHAEL WALLERI referred to the  aforementioned problems with the                                                               
USA  PATRIOT Act,  noted that  the Act  also amended  15 separate                                                               
statutes,  and   detailed  again  some  of   the  Act's  effects,                                                               
including a limitation on  hazardous materials (HAZMAT) licenses.                                                               
He opined that the USA  PATRIOT Act is a broad-based overreaction                                                               
to the events of 9/11.  He  said he hopes the committee will pass                                                               
HJR 22 and HJR 23 in order  to bring to the attention of Congress                                                               
the problems resulting from the USA PATRIOT Act.                                                                                
CHAIR WEYHRAUCH closed public testimony.                                                                                        
Number 1756                                                                                                                     
REPRESENTATIVE DAHLSTROM moved to report  HJR 23 out of committee                                                               
with individual recommendations and  the accompanying zero fiscal                                                               
note.   There being no  objection, HJR  23 was reported  from the                                                               
House State Affairs Standing Committee.                                                                                         
Number 1775                                                                                                                     
REPRESENTATIVE SEATON  moved to  report HJR  22 out  of committee                                                               
with individual recommendations and  the accompanying zero fiscal                                                               
note.   There being no  objection, HJR  22 was reported  from the                                                               
House State Affairs Standing Committee.                                                                                         
Number 1792                                                                                                                     
The House State Affairs Standing Committee was recessed at 10:05                                                                
a.m. to a call of the chair.  [The meeting never was                                                                            

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