We encourage our members to become involved in our advocacy efforts. Write, call, or visit your Alaska State Senators and Representatives to make sure that Alaskans’ fundamental civil liberties remain intact.

The State Legislature ended its regular session in mid-April. 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.

• Felon Enfranchisement

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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