From the August 2003 Idaho Observer:

Idaho Rep. Eberle sponsors Idaho anti-Patriot Act bill

The state of Alaska passed a resolution in defiance of the Orwellain USA Patriot Act which grants the federal government broad and sweepting investigatory powers to arrest and detain indefinitely. They can also sieze or destroy the property, papers and effects, or eavesdrop/monitor the communications and movements of anyone suspected of being in any way associated with an expansive definition of “terrorism.” Without a court order, the Patriot Act imbues the executive branch of the federal government with powers identical with those historically associated with a police state. Utah's resolution stalled in committee last year and is expected to pass in 2004. Idaho's resolution, sponsored by District 1 Representative Charles Eberle (R-Post Falls), has the support of at least 10 other members of the House.

IN THE HOUSE OF REPRESENTATIVES

HOUSE RESOLUTION NO. _________

A HOUSE RESOLUTION

REAFFIRMING THE PROTECTION OF THE CIVIL RIGHTS AND LIBERTIES OF THE CITIZENS OF IDAHO.

Be it Resolved by the House of Representative of the State of Idaho:

WHEREAS the United States Constitution and the Constitution of the State of Idaho recognize and guarantee Idaho citizens certain fundamental rights, including freedom of religion, speech, assembly and privacy; protection from unreasonable searches and seizures; due process and equal protection to any person; equality before the law and the presumption of innocence; access to counsel in judicial proceedings; a fair, speedy and public trial by an impartial jury;

WHEREAS each of Idaho's duly elected public servants has sworn to defend and uphold the United States Constitution and the Constitution of the State of Idaho; and

WHEREAS any infringement of the United States Constitution or the Constitution of the State of Idaho is an abuse of power, a breach of the public trust, a misappropriation of public resources, a violation of civil rights, and is beyond the scope of governmental authority;

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

WHEREAS the State of Idaho recognizes and fully supports the responsibility of government to protect its borders and citizens from acts of aggression and terrorism;

WHEREAS the State of Idaho recognizes that these efforts should be conducted in a rational and deliberative fashion and should never infringe on the nation's most treasured constitutional rights and freedoms;

WHEREAS certain provisions of the “Uniting and Strengthening America by Providing Appropriate Tools Required to Intercept and Obstruct Terrorism Act of 2001”, also known 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;

BE IT RESOLVED that the Idaho House of Representatives 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 United States Constitution and the Bill of Rights; and be it

FURTHER RESOLVED that it is the policy of the State of Idaho to oppose any portion of the USA PATRIOT Act that would violate the rights and liberties guaranteed equally under the state and federal constitutions; and be it

FURTHER RESOLVED that, in accordance with Idaho state policy, an agency or instrumentality of the State of Idaho, in the absence of reasonable suspicion of criminal activity under Idaho State law as determined by a judge of competent jurisdiction, may not

(1) initiate, participate in, or assist or cooperate with an inquiry, investigation, surveillance or detention;

(2) record, file, or share intelligence information concerning a person or organization including library lending and research records, book and video store sales and rental records, medical records, financial records, student records, and other personal data, even if authorized under the USA PATRIOT Act;

(3) retain such intelligence information; the state Attorney General shall review the intelligence information currently held by the state for its legality and appropriateness under the United States and Idaho Constitutions and permanently dispose of it if there is no reasonable suspicion of criminal activity; and be it

FURTHER RESOLVED that an agency or instrumentality of the state may not

(1) collect or maintain information about the political, religious, or social views, associations, or activities of any individual, group, association, organization, corporation, business, or partnership, unless the information directly relates to an investigation of criminal activities and there are reasonable grounds to suspect the subject of the information is or may be involved in criminal conduct;

(2) engage in racial profiling; law enforcement agencies may not use race, religion, ethnicity, or national origin as factors in selecting individuals to subject to investigatory activities except when seeking to apprehend a specific suspect whose race, religion, ethnicity, or national origin is part of the description of the suspect;

(3) participate in a joint search with any law enforcement agency absent assurances that advance or simultaneous notice of the execution of a search warrant has been provided to any resident of the State of Idaho whose property is the subject of such a warrant; and be it

FURTHER RESOLVED that public schools and institutions of higher learning within the State of Idaho shall provide notice to individuals whose education records have been obtained by law enforcement agents pursuant to section 507 of the USA PATRIOT Act; and be it

FURTHER RESOLVED that all public libraries within the State of Idaho shall:

(1) ensure the regular destruction of records that identify the name of the book borrower after the book is returned, or that the identity the name of the Internet user after completion of Internet use, and

(2) post in a prominent place within the library a notice to library users as follows: “WARNING: Under Section 215 of the federal USA PATRIOT Act (Public Law 107-56), records of the books and other materials you borrow from this library may be obtained by federal agents. That federal law prohibits librarians from informing you if records about you have been obtained by federal agents;” and be it

FURTHER RESOLVED that the Idaho House of Representatives implores the United States Congress to rescind those provisions in the USA PATRIOT Act and other measures which violate the Constitution of the United States of America and that infringe on civil liberties.

COPIES of this resolution shall be sent to the Honorable George W. Bush, President of the United States; the Honorable John Ashcroft, Attorney General of the United States; the Honorable Dirk Kempthorne, Governor of Idaho; and to the Honorable Larry Craig and the Honorable Mike Crapo, U.S. Senators, and the Honorable C.L. “Butch” Otter and the Honorable Mike Simpson, U.S. Representatives, members of the Idaho delegation in Congress.