00         SENATE CS FOR CS FOR HOUSE JOINT RESOLUTION NO. 22(JUD)                                                        
01 Relating to the USA PATRIOT Act, the Bill of Rights, the Constitution of the State of                                   
02 Alaska, and the civil liberties, peace, and security of the citizens of our country.                                    
03 BE IT RESOLVED BY THE LEGISLATURE OF THE STATE OF ALASKA:                                                               
04       WHEREAS the State of Alaska recognizes the Constitution of the United States as                                 
05 our charter of liberty, and that the Bill of Rights enshrines the fundamental and inalienable                           
06 rights of Americans, including the freedoms of religion, speech, assembly, and privacy; and                             
07       WHEREAS each of Alaska's duly elected public servants has sworn to defend and                                   
08 uphold the United States Constitution and the Constitution of the State of Alaska; and                                  
09       WHEREAS the State of Alaska denounces and condemns all acts of terrorism,                                       
10 wherever occurring; and                                                                                                 
11       WHEREAS attacks against Americans such as those that occurred on September 11,                                  
12 2001, have necessitated the crafting of effective laws to protect the public from terrorist                             
13 attacks; and                                                                                                            
14       WHEREAS any new security measures of federal, state, and local governments                                      
15 should be carefully designed and employed to enhance public safety without infringing on the                            
16 civil liberties and rights of innocent citizens of the State of Alaska and the nation; and                              

01       WHEREAS certain provisions of the "Uniting and Strengthening America by                                         
02 Providing Appropriate Tools Required to Intercept and Obstruct Terrorism Act of 2001", also                             
03 known as the USA PATRIOT Act, allow the federal government more liberally to detain and                                 
04 investigate citizens and engage in surveillance activities that may violate or offend the rights                        
05 and liberties guaranteed by our state and federal constitutions;                                                        
06       BE IT RESOLVED that the Alaska State Legislature supports the government of the                                 
07 United States of America in its campaign against terrorism, and affirms its commitment that                             
08 the campaign not be waged at the expense of essential civil rights and liberties of citizens of                         
09 this country contained in the United States Constitution and the Bill of Rights; and be it                              
10       FURTHER RESOLVED that it is the policy of the State of Alaska to oppose any                                     
11 portion of the USA PATRIOT Act that would violate the rights and liberties guaranteed                                   
12 equally under the state and federal constitutions; and be it                                                            
13       FURTHER RESOLVED that, in accordance with Alaska state policy, an agency or                                     
14 instrumentality of the State of Alaska, in the absence of reasonable suspicion of criminal                              
15 activity under Alaska State law, may not                                                                                
16            (1)  initiate, participate in, or assist or cooperate with an inquiry, investigation,                        
17 surveillance, or detention;                                                                                             
18            (2)  record, file, or share intelligence information concerning a person or                                  
19 organization, including library lending and research records, book and video store sales and                            
20 rental records, medical records, financial records, student records, and other personal data,                           
21 even if authorized under the USA PATRIOT Act;                                                                           
22            (3)  retain such intelligence information; the state Attorney General shall                                  
23 review the intelligence information currently held by the state for its legality and                                    
24 appropriateness under the United States and Alaska Constitutions and permanently dispose of                             
25 it if there is no reasonable suspicion of criminal activity; and be it                                                  
26       FURTHER RESOLVED that an agency or instrumentality of the state may not,                                        
27            (1)  use state resources or institutions for the enforcement of federal                                      
28 immigration matters, which are the responsibility of the federal government;                                            
29            (2)  collect or maintain information about the political, religious, or social                               
30 views, associations, or activities of any individual, group, association, organization,                                 
31 corporation, business, or partnership, unless the information directly relates to an                                    

01 investigation of criminal activities and there are reasonable grounds to suspect the subject of                         
02 the information is or may be involved in criminal conduct;                                                              
03            (3)  engage in racial profiling; law enforcement agencies may not use race,                                  
04 religion, ethnicity, or national origin as factors in selecting individuals to subject to                               
05 investigatory activities except when seeking to apprehend a specific suspect whose race,                                
06 religion, ethnicity, or national origin is part of the description of the suspect; and be it;                           
07       FURTHER RESOLVED that the Alaska State Legislature implores the United States                                   
08 Congress to correct provisions in the USA PATRIOT Act and other measures that infringe on                               
09 civil liberties, and opposes any pending and future federal legislation to the extent that it                           
10 infringes on Americans' civil rights and liberties.                                                                     
11       COPIES of this resolution shall be sent to the Honorable George W. Bush, President                              
12 of the United States; the Honorable John Ashcroft, Attorney General of the United States; the                           
13 Honorable Frank Murkowski, Governor of Alaska; and to the Honorable Ted Stevens and the                                 
14 Honorable Lisa Murkowski, U.S. Senators, and the Honorable Don Young, U.S.                                              
15 Representative, members of the Alaska delegation in Congress.