BILL REQ. #:  H-0566.1 

Read first time 01/24/2005.   Referred to Committee on Judiciary.

     TO THE HONORABLE GEORGE W. BUSH, PRESIDENT OF THE UNITED STATES, AND TO THE PRESIDENT OF THE SENATE AND THE SPEAKER OF THE HOUSE OF REPRESENTATIVES, AND TO THE SENATE AND HOUSE OF REPRESENTATIVES OF THE UNITED STATES, IN CONGRESS ASSEMBLED:
     We, your Memorialists, the Senate and House of Representatives of the State of Washington, in legislative session assembled, respectfully represent and petition as follows:
     WHEREAS, The state of Washington's highly utilized waterways, large active ports, major international airports, multiple bridges, access to military bases, dispatch and transport of hazardous waste into Hanford, and sharing a border with Canada make the state uniquely vulnerable to terrorism; and
     WHEREAS, Washington has a diverse population whose contributions to the state are vital to its economy, culture, and civic character; and
     WHEREAS, Washington denounces terrorism and acknowledges that federal, state, and local governments have a responsibility to protect the public from terrorist attacks and should ensure that any new security measures enhance public safety without unconstitutionally impairing civil rights or civil liberties; and
     WHEREAS, Washington is proud of its tradition of protecting the civil rights and civil liberties of all its residents and affirming the fundamental rights of all people; and
     WHEREAS, Congress passed the USA PATRIOT Act (P.L. 107-56) on October 26, 2001, following the horrific attacks on America of September 11, 2001; and
     WHEREAS, The Washington legislature believes that there is no inherent conflict between national security and the preservation of constitutional rights and liberties; and
     WHEREAS, The Bill of Rights of the United States Constitution and the Declaration of Rights of the Constitution of the state of Washington guarantee freedom of speech, assembly, and privacy, equality before the law, the presumption of innocence, access to counsel and due process in judicial proceedings, and protection from unreasonable searches and seizures, for all people living in Washington; and
     WHEREAS, The preservation of civil rights and civil liberties is a pillar of American society and is essential to the well-being of any democracy; and
     WHEREAS, The Washington legislature believes that residents of this state and this nation can be both safe and free;
     NOW, THEREFORE, BE IT RESOLVED, That the Washington legislature:
     (1) Affirms its abhorrence of and opposition to global terrorism; and
     (2) Affirms its commitment to protecting the civil rights and civil liberties of all Washington residents and oppose any measures that unconstitutionally infringe upon those civil rights and civil liberties; and
     BE IT FURTHER RESOLVED, That the Washington legislature calls on Congress to adopt S. 1709, the SAFE Act, which is sponsored by a bipartisan group of senators and which would amend and clarify several provisions of the USA PATRIOT Act including:
     (a) Codifying the pre-USA PATRIOT Act standards for delayed notice or "sneak and peek" warrants to allow these warrants if notice of the warrant would: Endanger someone's life or physical safety; result in flight from prosecution; or result in destruction or tampering with evidence; and
     (b) Requiring requests for roving wiretaps to identify either the person or place to be wiretapped and that the suspect is present at the place to be wiretapped, before collecting information; and
     (c) Reinstating the pre-USA PATRIOT Act standard for seizing business and library records by requiring the Federal Bureau of Investigation to demonstrate it has reason to believe that the person to whom the records are related is a suspected terrorist or spy. The SAFE Act also exempts libraries from the section of the USA PATRIOT Act that allows access to electronic communications on the strength of an administrative subpoena rather than a court order; and
     (d) Sunsetting the provisions allowing for: Nationwide search warrants, requiring Congress to review and reauthorize it; delayed notice or "sneak and peak" warrants; application of pen registers and trap and trace devices to electronic communications; and national security letter authority; and
     BE IT FURTHER RESOLVED, That copies of this Memorial be immediately transmitted to the Honorable George W. Bush, President of the United States, the President of the United States Senate, the Speaker of the House of Representatives, and each member of Congress from the State of Washington.