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H.J.R. 10

             1     

JOINT RESOLUTION REAFFIRMING THE

             2     
STATE OF UTAH'S COMMITMENT TO THE

             3     
CONSTITUTION AND THE BILL OF RIGHTS

             4     
2004 GENERAL SESSION

             5     
STATE OF UTAH

             6     
Sponsor: Sheryl L. Allen

             7     
             8      LONG TITLE
             9      General Description:
             10          This joint resolution of the Legislature requests that government intelligence and
             11      counter-terrorism efforts be reviewed to ensure that civil liberties are being
             12      safeguarded.
             13      Highlighted Provisions:
             14          This resolution:
             15          .    urges that any pending and future security measures of federal, state, and local
             16      governments be carefully designed and employed to enhance public safety without
             17      infringing on civil liberties guaranteed in the Constitution and the Bill of Rights;
             18          .    requests that the United States Congress further study the intelligence and
             19      counter-terrorism efforts of the federal government to determine whether they
             20      safeguard civil liberties; and
             21          .    requests that Utah's congressional delegation periodically advise the people of Utah,
             22      including the Legislature and the Governor, regarding their efforts to preserve the
             23      civil liberties guaranteed in the Constitution and the Bill of Rights.
             24      Special Clauses:
             25          None
             26     
             27      Be it resolved by the Legislature of the state of Utah:



             28          WHEREAS, the United States was, without provocation or warning, attacked by
             29      terrorists on September 11, 2001, resulting in the deaths of thousands of our citizens;
             30          WHEREAS, terrorists continue to threaten and plot attacks against our Nation;
             31          WHEREAS, the state of Utah expresses its appreciation and support for those men and
             32      women serving in the armed forces and in law enforcement agencies who protect and defend
             33      Americans from terrorist attack;
             34          WHEREAS, the state of Utah has a long tradition of protecting human rights and civil
             35      liberties both in times of threat and in times of peace;
             36          WHEREAS, the preservation of civil rights and liberties is essential to the well-being
             37      of a democratic society;
             38          WHEREAS, the state of Utah is concerned that policies and legislation which have
             39      been enacted in connection with the war on terrorism, including provisions of the USA Patriot
             40      Act and related counter-terrorism measures may gradually erode the freedoms they are meant to
             41      protect;
             42          WHEREAS, in a time of concern over terrorism, our country must find a balance
             43      between the need for national security and the need to protect the nation's basic civil rights and
             44      liberties; and
             45          WHEREAS, Utah's congressional delegation has been, and should continue to be,
             46      committed to evaluating all existing or proposed terrorism legislation, and the use of any such
             47      legislation, to ensure that the legislation appropriately balances the federal, state, and local
             48      interests in safeguarding America's national security and the interests of citizens in retaining
             49      their individual civil liberties:
             50          NOW, THEREFORE, BE IT RESOLVED that the Legislature of the state of Utah
             51      urges that any pending and future security measures and legislation of federal, state, and local
             52      governments should be carefully designed and employed to enhance public safety without
             53      infringing on the civil liberties that are guaranteed by the United States Constitution and the
             54      Bill of Rights.
             55          BE IT FURTHER RESOLVED that the Legislature of the state of Utah requests that
             56      the United States Congress continue to study the intelligence and counter-terrorism activities of
             57      the federal government to determine whether civil liberties guaranteed by the United States
             58      Constitution are being adequately safeguarded while combating terrorism.



             59          BE IT FURTHER RESOLVED that the Legislature of the state of Utah requests that
             60      members of Utah's congressional delegation periodically advise the people of the state of Utah,
             61      including the Legislature and the Governor, of their work to ensure that the civil liberties
             62      guaranteed by the United States Constitution and the Bill of Rights are being adequately
             63      safeguarded.
             64          BE IT FURTHER RESOLVED that a copy of this resolution be sent to the President of
             65      the United States Senate, the Speaker of the United States House of Representatives, to each
             66      municipality in the state of Utah, and to the members of Utah's congressional delegation.




Legislative Review Note
    as of 12-19-03 2:28 PM


A limited legal review of this legislation raises no obvious constitutional or statutory concerns.

Office of Legislative Research and General Counsel


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