HJR 22-PATRIOT ACT AND DEFENDING CIVIL LIBERTIES  SENATOR JOHNNY ELLIS, sponsor of SJR 15, stated his resolution was superceded by action in the House.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