House Takes Stand Against Patriot Act
By STEVE TERRELL | The New Mexican 03/11/2003
By an overwhelming vote, the House on Monday passed legislation putting the state on record as opposing many provisions of the U.S. Patriot Act.
House Joint Memorial 40, sponsored by Rep. Max Coll, D-Santa Fe, was approved 53-11. And even though the legislation was sparked by certain anti-terrorism policies of the Bush administration, supporters of Coll's measure included half of the House Republicans present for the vote.
"Terrorist attacks changed the way we live but should not invade our freedoms that Americans enjoy and the reason why our country was founded," Coll said.
"This memorial requests that anti-terrorism measures be undertaken in a rational and thoughtful manner to protect New Mexicans from infringement of those rights," Coll said.
"We're grateful for the bipartisan support," said Diane Wood, lobbyist for the American Civil Liberties Union. "The Bill of Rights and the Constitution are for everyone."
House Republican Whip Joe Thompson of Albuquerque was among the supporters and was instrumental in a compromise version of Coll's original proposal, which Thompson said contained language that was too partisan.
"This was a good compromise," he said Monday. "The way it's worded now, I don't think it ambushes the Bush administration or the attorney general."
Rep. Dan Foley, R-Roswell, voted against the memorial even though he sympathized with Coll's wish to protect civil liberties.
Foley disliked a provision against "profiling" ethnic or religious groups.
The country is in danger from "fundamentalist Muslim extremists," he said "The people who attacked us are not your grandmother from South Dakota."
HJM40 now goes to the Senate, where it could run into more resistance than it got in the House.
Last month the Senate Rules Committee tore apart a similar memorial introduced by Sen. Cisco McSorley, D-Albuquerque. Some Republicans claimed the measure would make the state a haven for terrorists.
Thompson and a police lobbyist were concerned the original language would have directed state police to not assist federal agents in investigations and arrests that infringed on the civil rights of state residents.
Instead of "directing" state police not to assist federal agents in investigations, surveillances and searches that violate the rights of New Mexicans, the compromise directs the state Department of Public Safety to "discourage" state police from taking part in such activities.
The memorial directs schools to notify people whose education records have been obtained by federal agents under the Patriot Act.
It directs libraries to post notices informing the public that federal agents can obtain records of books checked out by patrons.
The memorial would require the state office of Homeland Security to make a public report every six months about federal anti-terrorist activity in the state and how it affects state residents.
Since the terrorist attacks of Sept. 11, 2001, the federal government has detained hundreds of people without charging them with crimes and without releasing their names.
The U.S. Justice Department is working on what has been dubbed "Patriot Act II," which would further expand federal powers and - civil libertarians say - further infringe on civil liberties.
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