State of Maine Resolution

State of Maine

House of Representatives

121st Legislature

Second Special Session

HOUSE ADVANCE JOURNAL AND CALENDAR

Friday, March 19, 2004

SUPPLEMENT NO. 1

ORDERS

(4-1) On motion of Representative HUTTON of Bowdoinham, the following Joint Resolution: (H.P. 1433) (Under suspension of the rules, cosponsored by Senator STRIMLING of Cumberland, President DAGGETT of Kennebec and Representatives: ADAMS of Portland, ASH of Belfast, BARSTOW of Gorham, BEAUDETTE of Biddeford, BLANCHETTE of Bangor, BLISS of South Portland, BRANNIGAN of Portland, BULL of Freeport, CANAVAN of Waterville, Speaker COL WELL of Gardiner, COWGER of Hallowell, CRAVEN of Lewiston, CUMMINGS of Portland, DUDLEY of Portland, DUNLAP of Old Town, DUIPLESSIE of Westbrook, DUPREY of Medway, EARLE of Damariscotta, EDER of Portland, FAIRCLOTH of Bangor, FISCHER of Presque Isle, GERZOFSKY of Brunswick, GOODWIN of Pembroke, GROSE of Woolwich, HATCH of Skowhegan, JACKSON of Fort Kent, JENNINGS of Leeds, KANE of Saco, KETTERER of Madison, KOFFMAN of Bar Harbor, LEMOINE of Old Orchard Beach, LERMAN of Augusta, LESSARD of Topsham, LORING of the Penobscot Nation, MAILHOT of Lewiston, MAKAS of Lewiston, MARLEY of Portland, McGLOCKLIN of Embden, McKEE of Wayne, McLAUGHLIN of Cape Elizabeth, MILLS of Farmington, NORBERT of Portland, NORTON of Bangor, O’BRIEN of Lewiston, O’NEIL of Saco, PARADIS of Frenchville, PATRICK of Rumford, PELLON of Machias, PERCY of Phippsburg, PERRY of Calais, PERRY of Bangor, PINEAU of Jay, PINGREE of North Haven, RICHARDSON of Brunswick, RINES of Wiscasset, SAMPSON of Auburn, SAVIELLO of Wilton, SIMPSON of Auburn, SMITH of Monmouth, SMITH of Van Buren, SULLIVAN of Biddeford, SUSLOVIC of Portland, THOMAS of Orono, TRAHAN of Waldoboro, TWOMEY of Biddeford, USHER of Westbrook, WALCOTT of Lewiston, WATSON of Bath, WHEELER of Kittery, WOTTON of Littleton, Senators: BRENNAN of Cumberland, BROMLEY of Cumberland, BRYANT of Oxford, CATHCART of Penobscot, DAMON of Hancock, DOUGLASS of Androscoggin, EDMONDS of Cumberland, GAGNON of Kennebec, HALL of Lincoln, HATCH of Somerset, MARTIN of Aroostook, MAYO of Sagadahoc, President Pro Tem TREAT of Kennebec) (Approved for introduction by a majority of the Legislative Council pursuant to Joint Rule 214)

JOINT RESOLUTION MEMORIALIZING THE PRESIDENT OF THE UNITED STATES AND THE CONGRESS OF THE UNITED STATES TO ENSURE THE PROTECTION OF CIVIL

LIBERTIES AND THE SECURITY OF THE UNITED STATES

WE, your Memorialists, the Members of the One Hundred and Twenty-first Legislature of the State of Maine now assembled in the Second Special Session, most respectfully present and petition the President of the United States and the United States Congress, as follows:

WHEREAS, the State of Maine recognizes that the Constitution of the United States is our charter of liberty and that the Bill of Rights enshrines the fundamental and inalienable rights of Americans, including the freedoms of religion, speech, assembly and privacy; and

WHEREAS, each of Maine’s duly elected public servants has sworn to defend and uphold the Constitution of the United States and the Constitution of Maine; and

WHEREAS, the State of Maine denounces and condemns all acts of terrorism, wherever occurring; and

WHEREAS, attacks against Americans such as those that occurred on September 11, 2001 have necessitated the crafting of effective laws to protect the public from terrorist attacks; and

WHEREAS, any new security measures of federal, state and local governments should be carefully designed and employed to enhance public safety without infringing on the civil liberties and rights of any citizen of the State of Maine and the nation; and

WHEREAS, matters relating to immigration are primarily federal in nature; and

WHEREAS, certain provisions of the “”Uniting and Strengthening America by Providing Appropriate Tools Required to Intercept and Obstruct Terrorism Act of 2001,”” commonly referred to as the USA PATRIOT Act, allow the Federal Government more liberally to detain and investigate citizens and engage in surveillance activities that may violate or offend the rights and liberties guaranteed by our state and federal constitutions; now, therefore, be it

RESOLVED: That We, your Memorialists, on behalf of the people we represent, take this opportunity to inform the President of the United States and the United States Congress that the Maine State Legislature supports the government of the United States of America in its campaign against terrorism and affirms its commitment that the campaign not be waged at the expense of essential civil rights and liberties of citizens of this country contained in the Constitution of United States and the Bill of Rights; and be it further

RESOLVED: That We, the Members of the Maine State Legislature reaffirm our sworn oaths to defend the Constitution of the United States and the Constitution of Maine and our solemn commitment to continue to protect and champion the rights and liberties of Maine citizens that are guaranteed under the state and federal constitutions, including freedom of expression; the right to free access to public information; freedom of association, including the ability to attend meetings without being monitored or belong to an organization without fear of reprisal; freedom from unreasonable searches and seizures, including wiretapping and monitoring of medical records and library records; due process protections, including protection against detention without charges or targeting based on race, religion, ethnicity or national origin; and the right to property, including protection against seizure or freezing of assets; and be it further

RESOLVED: That the Maine State Legislature urges the Federal Government to continue to exercise its jurisdiction over immigration matters and encourages the Federal Government to work cooperatively with the states to provide assistance and training necessary to protect our country; and be it further

RESOLVED: That laws passed by the United States Congress to specifically combat the threat of international terrorism should not be used in conducting domestic law enforcement; and be it further

RESOLVED: That the Maine State Legislature implores the United States Congress to review provisions in the USA PATRIOT Act and other measures that may infringe on civil liberties and ensure any pending and future federal measures do not infringe on Americans’ civil rights and liberties; and be it further

RESOLVED: That the Legislature calls upon our United States Representatives and Senators to monitor the implementation of the USA PATRIOT Act and related federal actions and, if necessary, repeal those sections of the USA PATRIOT Act and related federal measures that may infringe upon fundamental rights and liberties as recognized in the United States Constitution and its amendments; and be it further

RESOLVED: That official copies of this resolution, duly authenticated by the Secretary of State, be transmitted to the Honorable George W. Bush, President of the United States; the Honorable John Ashcroft, Attorney General of the United States; the Honorable John E. Baldacci, Governor of the State of Maine; Richard Cheney, President of the United States Senate; Dennis Hastert, Speaker of the United States House of Representatives; and each member of the Maine Congressional Delegation.