Civil liberties, cost at issue in push for terrorism laws

Tucson, Arizona  Saturday, 12 January 2002
http://www.azstarnet.com/star/today/20112nCombattingTerror.htmlTHE ASSOCIATED PRESS

By Robert Tanner
THE ASSOCIATED PRESS

State leaders crafting new protections against terrorism are pushing for sweeping changes in police powers and public health systems, even as arguments start over costs and civil liberties.

While many states ultimately want the federal government to help with guidance and money for homeland defense, the public's demand for safety is driving lawmakers to take action in statehouses nationwide.

"The issue of dealing with domestic terrorism comes out No. 1, above education, above taxes, above everything," said Minnesota state Rep. Rich Stanek.

So far, three broad anti-terror categories have emerged: improving the public health system in case of a bioterrorism attack; strengthening law enforcement powers to track, stop and punish terrorists; and overhauling communication across all levels of government.

Stanek, a police inspector who runs one of Minneapolis' five precincts, has introduced a legislative package to expand wiretap laws, so a warrant for one suspect can cover different land phones, cellphones, and computers. He also wants new training and equipment for first-response units.

Death penalty proposed

Similar changes to eavesdropping laws, modeled on a recent federal law, have been proposed in California, Maryland and New Jersey, among others. The idea won legislative approval in Illinois two months after Sept. 11 but is waiting for the governor's signature.

Other proposed changes to police powers include instituting the death penalty for terrorism in Nevada and new penalties for hoaxes in Minnesota and Maryland.

Public health proposals - driven by worries of another bioterrorism attack like last year's anthrax mailings - are gaining momentum quickly.

Academics wrote model legislation for the federal Centers for Disease Control and Prevention that is being considered in many states. It would help authorities respond to a public health emergency with rules on quarantines, mass vaccinations and safe disposal of corpses.

"We haven't looked at (these laws) since the influenza epidemic of 1918," said Massachusetts state Sen. Richard Moore, who drafted a public health bill now before his state's Legislature.

This weekend, he'll join state and local leaders scheduled to meet in Atlanta to discuss the model legislation.

Next week, state, county and city officials are to meet with Homeland Security chief Tom Ridge to talk about security issues and Ridge's plan for a nationwide alert system.

"These meetings are constantly ongoing," said a Ridge spokesman, Gordon Johndroe. "Issues in Texas are going to be different than issues in Vermont."

Challenges from ACLU

Some of the legal changes proposed, particularly parts of the public health bills and the expanded police powers, have drawn criticism from the American Civil Liberties Union. It says the model health legislation gives government too much leeway when it declares medical emergencies, while broader wiretapping laws can be abused.


In a nutshell

THE ASSOCIATED PRESS

Details of some anti-terrorism measures that have been proposed in states since Sept. 11.

Police and prosecution powers:

* Roving wiretaps proposed in California, Maryland and Minnesota.

* Death penalty for terrorism proposed in Nevada, and now law in New York.

* Abolishing statute of limitations for all terrorist crimes proposed in New York.

• • •

A public health system overhaul, as laid out in model legislation under consideration by lawmakers in many states, includes measures that would:

* Give governors broad powers in case of a medical emergency, including suspension of laws that hinder appropriate response.

* Allow for compulsory medical exams and vaccinations.

* Allow for isolation of the sick and mass quarantines.

* Set rules for collection and sharing of medical information and for release of public information.

• • •

Communication system improvements:

* New threat alert for nation, states and local governments being discussed by Homeland Security Director Tom Ridge, state and local officials.

* Local and state funding for upgraded communications proposed in Minnesota and North Carolina, and under review in Maryland and New Jersey.