72nd OREGON LEGISLATIVE ASSEMBLY--2003 Regular Session
 
NOTE:  Matter within  { +  braces and plus signs + } in an
amended section is new. Matter within  { -  braces and minus
signs - } is existing law to be omitted. New sections are within
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 LC 3812
 
                     Senate Joint Memorial 7
 
Sponsored by Senators C STARR, WALKER, Representatives PROZANSKI,
  NOLAN; Senators BROWN, BURDICK, CORCORAN, FISHER, GEORGE,
  MORRISETTE, RINGO, SHIELDS, Representatives ACKERMAN, BARNHART,
  BEYER (at the request of Oregon Bill of Rights Defense
  Committees)
 
 
                             SUMMARY
 
The following summary is not prepared by the sponsors of the
measure and is not a part of the body thereof subject to
consideration by the Legislative Assembly. It is an editor's
brief statement of the essential features of the measure as
introduced.
 
  Urges United States Congress to pass Senate Bill 1552 to
correct provisions of USA Patriot Act.
 
                         JOINT MEMORIAL
To the President of the United States, the Senate and the House
  of Representatives of the United States of America, in Congress
  assembled, and the United States Attorney General:
  We, your memorialists, the Seventy-second Legislative Assembly
of the State of Oregon, in legislative session assembled,
respectfully represent as follows:
  Whereas, in the aftermath of the September 11, 2001, tragedy,
we have been repeatedly urged by our federal government not to
allow the fear of terrorism to change the way we live; and
indeed, the best way we can show true patriotism is to protect
and defend the freedom conferred by the United States
Constitution; and
  Whereas, while the prevention of future terrorist attacks is a
critical national priority, it is equally important to preserve
the fundamental civil liberties and personal freedoms that were
enshrined in the Bill of Rights over 200 years ago and that have
been preserved through a constant vigilance and outcry against
periodic threats to their existence; and
  Whereas each of Oregon's elected public servants has sworn to
defend and uphold the United States Constitution and the
Constitution of the State of Oregon; and
  Whereas the State of Oregon is unique in the nation for passing
and upholding the following laws recognizing the value of freedom
and privacy for its residents: ORS 181.575, protecting the
integrity of political, religious and social institutions by
prohibiting law enforcement from collecting and maintaining
information about the political, religious or social views,
associations or activities of any individual or group unless such
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; and ORS 181.850, protecting our diverse immigrant
population from undue scrutiny by prohibiting law enforcement
from detecting or apprehending persons whose only violation of
law is that they are persons of foreign citizenship present in
the United States; and
  Whereas certain provisions of the Uniting and Strengthening
America by Providing Appropriate Tools Required to Intercept and
Obstruct Terrorism Act of 2001 (Public Law 107-56, hereafter
referred to as the UPA) allow the federal government to more
liberally 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; and
  Whereas federal, state and local governments should protect the
public from terrorist attacks, such as those that occurred on
September 11, 2001, but should do so in a deliberative fashion to
ensure that any new security measures enhance public safety
without impairing constitutional rights or infringing on civil
liberties; now, therefore,
Be It Resolved by the Legislative Assembly of the State of
  Oregon:
  That we, the members of the Seventy-second Legislative
Assembly, affirm our commitment that the campaign against
terrorism must not be waged at the expense of the essential civil
rights and liberties of residents of this nation, as 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 Oregon to
oppose any portion of the UPA that violates the rights and
liberties guaranteed equally under the state and federal
constitutions; and be it further
  Resolved, That the State of Oregon supports the First Amendment
right of picketing, public demonstrations, vigils, protests,
marches, labor disputes and similar forms of protected expression
of ideas and views without fear of prosecution under federal
anti-terrorism laws; and be it further
  Resolved, That we, the members of the Seventy-second
Legislative Assembly, implore the United States Congress to
correct provisions of the UPA and other measures that infringe on
civil liberties and oppose any pending future federal legislation
to the extent that it infringes on United States residents' civil
rights and liberties; and be it further
  Resolved, That we, the members of the Seventy-second
Legislative Assembly, urge the United States Congress to pass
Senate Bill 1552, introduced on July 31, 2003, by Senator Lisa
Murkowski (R-Alaska) and cosponsored by Senator Ron Wyden
(D-Oregon), which addresses many of Oregon's concerns about the
UPA; and be it further
  Resolved, That a copy of this memorial shall be sent to the
President of the United States, to the United States Attorney
General and to each member of the Oregon Congressional
Delegation.
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