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Legislative
Report | 2008
session
The State Legislature ended its regular session
in mid-April 2008. The ACLU of Alaska travelled to Juneau to
meet directly with legislators. Below is a summary of some bills
from the session which concern constitutional rights or civil
liberties:
- HB 390 and SB 202 - Prohibit State
Spending for Real ID Act
Passed both House and Senate; awaiting signature
by the Governor. The REAL ID Act of 2005 has serious Constitutional
and privacy problems that threaten the basic civil liberties
of every Alaskan, and would turn our driver’s licenses
into a national identity card, impose numerous new burdens on
taxpayers and state governments, while doing nothing to protect
against terrorism. Under REAL ID, Alaskans would be subject to
long waiting periods and lines while our Nation's borders would
not be any more secure. The federal government would require
mandatory access to shared information to all states and governmental
security agencies.
With enactment of this legislation, Alaska will join the growing
list of states that have passed legislation opposing REAL ID.
- HB 353 – Public Library Internet
Filters
House Bill 353 relates to the blocking and monitoring
of Internet sites in Alaska's public libraries. The use of internet
filters in public libraries infringes on both the intellectual
and constitutionally protected freedoms of library users. Problems
such as over-blocking and preventing constitutionally protected
sites from being seen impinge upon freedom of expression and
other first amendment rights, and deny Alaskans their intellectual
freedom and constitutionally protected right to free speech.
- HB 301 and SB 264 - Abortion Restrictions
House Bill 301 would have criminalized certain
abortion procedures. The bill that passed the House contained
several major constitutional flaws, violating the Alaska State
Constitution's explicit right to privacy, and endangering women
by not containing any exception for instances in which an abortion
is necessary to protect the pregnant woman's health. The Supreme
Court of the United States, since Roe v. Wade, has consistently
required both health and life exceptions for pregnant women when
the government attempts to prohibit abortion.
- HB 364 and SB 279 - Notice and Consent
for Minor's Abortion
House Bill 364 was a direct response to the
ACLU of Alaska's recent victory in the Alaska Supreme Court striking
down the Parental Consent Act of 1997. The Court ruled that the
previous law violates the explicit right to privacy contained
in the Alaska Constitution by giving parents "veto power" over
a minor's decision to terminate a pregnancy. The bill attempted
to circumvent the Supreme Court's decision in order to mandate
that women under the age of 18 must have parental consent before
receiving abortions. Suffering the same legal flaws as the 1997
version of the law, HB 364 would not likely stand-up to legal
challenge due to its violation of the State Constitution's right
to privacy.
- HB 290 - DNA from Persons Charged
with Crimes
House Bill 290 would allow obtaining DNA samples
from persons charged with certain crimes for inclusion into a
comprehensive database. This bill implicates the constitutionally
protected rights to privacy and due process. It would not only
apply retroactively to persons who have already served their
time for previous convictions, but it also invades the privacy
of many who have yet to be found guilty of a crime.
- HB 316 and SB 196 - Prescription
Database
Passed both House and Senate; awaiting signature
by the Governor. Senate Bill 196 authorizes the Board of Pharmacy
to create and keep records detailing which Alaskans are using
prescription drugs. Due to the huge privacy rights invasion of
innocent Alaskans, the ACLU of Alaska opposed this legislation.
Sensitive personal information that must be contained in the
database includes the name, address, and date of birth of the
person for whom the prescription was written, the doctor's name,
the name of the drug, the date of the prescription, the method
of payment, the quantity dispensed, the name of the drug outlet,
and the name of the pharmacist. The prescription drug database
raises concerns about an individual's right to medical privacy
in an age of increased monitoring and surveillance. In addition
to concerns about the system's vulnerability to hackers, misuse
by insurance companies, and potential abuse by law enforcement,
the system also raises constitutional concerns relating to the
protection of Alaskans’ fundamental right to privacy.
Article I, Section 12 of the Alaska Constitution
provides that criminal administration is based on the "principle
of reformation," and political participation helps with
rehabilitation and reintegration into the community. The ACLU
of Alaska supports laws that will ensure felons the right and
opportunity to vote after having served their time. In Alaska,
more than 5,000 individuals have lost their right to vote because
of felony convictions. Persons from minority groups are disproportionately
disfranchised under the current law. By welcoming these individuals
back into the voting community, the State of Alaska not only
encourages them to become good citizens but also reduces the
stigma faced by felons as they try to reenter society.
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