King’s three anti-terrorism bills signed into law

AUGUSTA – Three of the four anti-terrorism bills submitted by Gov. Angus King during this year’s legislative session have been signed into law.

A fourth King anti-terrorism bill, which would have made price gouging in times of abnormal market disruptions a crime, was killed after lawmakers became convinced it raised more questions than it answered.

A bill that generated considerable legislative debate but ultimately was enacted creates a process for the state government to respond to threats or attacks using biological weapons.

One of the most controversial provisions authorizes quarantines of bioterror attack victims for up to 48 hours before they are guaranteed an opportunity to have a court appearance.

The new law, adopted on an interim basis, also establishes a medical-legal advisory group to advise the commissioner of Human Services on extreme public health emergencies.

The law loses its effect as of Oct. 31, 2003, meaning the next Legislature must act during next year’s session if it is to be reauthorized.

During floor debates this spring, some lawmakers questioned the wisdom of handing sweeping emergency powers to the governor, and said such a policy should be scrutinized in greater detail before it is adopted.

But others said Maine lacks a law spelling out the rights of individuals during civil emergencies such as biological attacks.

The Maine Civil Liberties Union, which took a neutral position on King’s original proposal, acknowledged that it would limit civil liberties should an attack occur.

“However, without some blueprint on how to proceed should an incident occur, under martial law or ad hoc procedures, civil liberties are likely to be jeopardized even more,” the MCLU’s legal counsel, Joan Sturmthal, told legislative committees reviewing the bill.

A second newly enacted bill changes Maine’s criminal code to create the concept of terrorist intent, said Chuck Dow, spokesman for the state Attorney General’s Office, which helped to refine the legislation.

The law also will upgrade the classification of crimes – especially property crimes – that are related to terrorism.

The third law will allow the state to shut off public access to security plans and procedures adopted by state and local governments to protect themselves from terrorists.

Dow said the law is a pre-emptive move on a real-life chessboard.

“If the person you’re playing against knows your next move, then you’re going to give away the game,” Dow said.

In the meantime, King is planning a four-day conference with participation by 60 to 70 representatives of diverse interests to develop a homeland security plan.

The governor and his Cabinet will attend the conference, to be held May 6-9 at the Bangor Air National Guard Base.