Speech #1090109731

BE IT FURTHER RESOLVED. that in accordance with Montana state policy. in the absence of reasonable suspicion of criminal activity under Montana law. the 59th Montana Legislature exhorts agents and instrumentalities of this state to not: (1) initiate or participate in or assist or cooperate with an inquiry. investigation. surveillance. or detention under the USA PATRIOT Act if the action violates constitutionally guaranteed civil rights or civil liberties. (2) record. file. or share intelligence information concerning a person or organization. including library lending and research records. book and video store sales and rental records. medical records. financial records. student records. and other personal data. even if authorized under the USA PATRIOT Act. if the action violates constitutionally guaranteed civil rights or civil liberties. or (3) retain any of the intelligence information described in subsections (1) and (2) of this clause if the information violates constitutionally guaranteed civil rights or civil liberties. BE IT FURTHER RESOLVED. that the Attorney General of Montana is encouraged to review intelligence information currently held by the state. assess the legality and appropriateness of holding the information under the United States Constitution and Montana Constitution. and permanently dispose of all such information to which there is not attached a reasonable suspicion of criminal activity. BE IT FURTHER RESOLVED. that the 59th Montana Legislature admonishes every agency and instrumentality of the state to not: (1) use state resources or institutions for the enforcement of federal immigration matters that are the responsibility of the federal government. (2) collect or maintain information about the political. religions. or social views. associations. or activities of any individual. group. association. organization. corporation. business. or partnership unless the information directly relates to an investigation of criminal activities and there are reasonable grounds to suspect that the subject of the information was. is. or may be involved in criminal conduct. or (3) engage in racial profiling. BE IT FURTHER RESOLVED. that state and local law enforcement agencies should not use race. religion. ethnicity. or national origin as factors in selecting individuals to subject to investigatory activities. except when seeking to apprehend a specific suspect whose race. religion. ethnicity. or national origin is part of the description of the suspect. BE IT FURTHER RESOLVED. that the 59th Montana Legislature requests: (1) public schools and institutions of higher learning within Montana to provide notice to each individual whose education records have been obtained by law enforcement agents pursuant to section 507 of the USA PATRIOT Act. and (2) each public library within Montana to post in a prominent place within the library a notice to library users as follows: "WARNING: Under Section 215 of the federal USA PATRIOT Act (Public Law 10756). records of the books and other material you borrow from this library may be obtained by federal agents.