Legislature(1999 - 2000)

05/10/1999 02:25 PM Senate JUD

Audio Topic
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
txt
          SB 114-IMPERSONATE POLICE/EMERGENCY VEHICLE                                                                           
                                                                                                                                
CHAIRMAN TAYLOR informed committee members that a committee                                                                     
substitute had been prepared (CSSB 114) that includes Senator                                                                   
Halford's amendments to Sections 3 and 4.                                                                                       
                                                                                                                                
SENATOR DONLEY moved to adopt CSSB 114(JUD), version G, dated                                                                   
4/23/99, as the working document of the committee.  There being no                                                              
objection, CSSB 114(JUD) was adopted.                                                                                           
                                                                                                                                
CHAIRMAN TAYLOR proposed an amendment (Amendment 1) to assure that                                                              
a public servant cannot use his or her title, uniform, badge, or                                                                
other identifying accouterment of office, in a political fashion.                                                               
                                                                                                                                
SENATOR HALFORD moved to adopt Amendment 1.                                                                                     
                                                                                                                                
CHAIRMAN TAYLOR explained Amendment 1 increases the penalty from a                                                              
violation to an offense.                                                                                                        
                                                                                                                                
SENATOR DONLEY asked if Amendment 1 applies to all government                                                                   
employees or to state government employees only.  CHAIRMAN TAYLOR                                                               
said he believes it applies to all government employees.  He added                                                              
that a city policeman could not have his picture taken wearing a                                                                
badge and then endorse a partisan political candidate with that                                                                 
photograph.                                                                                                                     
                                                                                                                                
SENATOR DONLEY expressed concern that Amendment 1 is too broad and                                                              
will be applied to situations for which it was not intended.                                                                    
                                                                                                                                
CHAIRMAN TAYLOR noted public servants who are elected to a partisan                                                             
public office are exempted from the provision in the following                                                                  
paragraph.  People who are not exempt are those elected to a non-                                                               
partisan office, such as the mayor of Juneau.  The mayor could not                                                              
hold a fundraiser at his home, using his title as mayor, for a                                                                  
partisan gubernatorial candidate.                                                                                               
                                                                                                                                
Number 135                                                                                                                      
                                                                                                                                
SENATOR ELLIS objected to the adoption of Amendment 1.  The motion                                                              
to adopt Amendment 1 carried with Senators Halford, Donley, and                                                                 
Taylor voting "yea," and Senator Ellis voting "nay."                                                                            
                                                                                                                                
SENATOR ELLIS informed committee members that Randy Smith, a                                                                    
constituent, expressed concern about language in the bill that                                                                  
makes a strong connection between municipal and local police                                                                    
department control and the activities of community patrols.  He                                                                 
noted that Mr. Smith was unable to testify at the last hearing.                                                                 
                                                                                                                                
CHAIRMAN TAYLOR asked if Senator Ellis worked with Mr. Smith on his                                                             
concern.  SENATOR ELLIS said he worked with all community patrols                                                               
that got back to him, however Mr. Smith did not get back to him                                                                 
until after action was taken, therefore his concerns were not                                                                   
satisfied.                                                                                                                      
                                                                                                                                
CHAIRMAN TAYLOR asked if Mr. Smith suggested language to resolve                                                                
his concerns.                                                                                                                   
                                                                                                                                
Number 158                                                                                                                      
                                                                                                                                
SENATOR DONLEY pointed out that Mr. Smith's concerns revolve around                                                             
the fact that several years ago the Municipality of Anchorage (MOA)                                                             
refused to cooperate with, or organize, community patrols.  CSSB
114(JUD) contains the language, "organized by, or in cooperation                                                                
with."  When the MOA simply refused to cooperate, the citizens                                                                  
undertook organizing community patrols on their own.                                                                            
                                                                                                                                
SENATOR ELLIS thought the MOA has moved forward in that arena,                                                                  
however Mr. Smith remained concerned because he serves as the                                                                   
institutional memory for the whole effort.                                                                                      
                                                                                                                                
CHAIRMAN TAYLOR pointed out the phrase, "organized by, or in                                                                    
cooperation with,"  begins on the bottom of page 1 and continues on                                                             
the top of page 2 of CSSB 114(JUD).                                                                                             
                                                                                                                                
SENATOR ELLIS suggested and moved the following language as                                                                     
Amendment 2, "of an organized community patrol within a community                                                               
or municipality."  He said that language does not require a direct                                                              
connection and that Mr. Smith's intent is to do no harm to                                                                      
community patrols.  There being no objection, the motion carried.                                                               
                                                                                                                                
Number 211                                                                                                                      
                                                                                                                                
SENATOR HALFORD moved CSSB 114 (JUD) from committee with individual                                                             
recommendations.  SENATOR ELLIS objected.  The motion carried with                                                              
Senators Halford, Donley, and Taylor voting "yea," and Senator                                                                  
Ellis voting "nay."                                                                                                             

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