00 CS FOR SENATE BILL NO. 114(JUD) 01 "An Act relating to public officials and to impersonating a public servant." 02 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 03 * Section 1. AS 11.56.830(a) is amended to read: 04  (a) A person commits the crime of impersonating a public servant if the person 05   (1)  pretends to be a public servant and does any act in that capacity ; 06 or 07  (2) operates a propelled vehicle, not owned or used by a federal, 08 state, or municipal fire, law enforcement, or emergency services agency or public 09 or private ambulance service, that has been altered or customized to appear to 10 be a police or emergency vehicle owned or used by a federal, state, or municipal 11 fire, law enforcement, or emergency services agency or public or private 12 ambulance service . 13 * Sec. 2. AS 11.56.830 is amended by adding a new subsection to read: 14  (e) In a prosecution under (a)(2) of this section, it is an affirmative defense 01 that the person operating the propelled vehicle was a member of a community patrol 02 organized by or in cooperation with a municipality or a community council established 03 by municipal charter or ordinance, and the propelled vehicle did not have 04  (1) lights or sirens that may only be used by a police or emergency 05 vehicle; 06  (2) the words "police," "fire," or "emergency" affixed to or displayed 07 on the vehicle. 08 * Sec. 3. AS 11.56.850(a) is amended to read: 09  (a) A public servant commits the crime of official misconduct if 10   (1)  [,] with intent to obtain a benefit or to injure or deprive another 11 person of a benefit, the public servant 12   (A)  [(1)] performs an act relating to the public servant's office 13 but constituting an unauthorized exercise of the public servant's official 14 functions, knowing that that act is unauthorized; or 15   (B)  [(2)] knowingly refrains from performing a duty  that  16 [WHICH] is imposed upon the public servant by law or is clearly inherent in 17 the nature of the public servant's office ; or 18  (2) the public servant uses the public servant's title, uniform, badge, 19 or other identifying accoutrements of office or public funds, facilities, equipment, 20 services, or another government asset or resource for partisan political purposes . 21 * Sec. 4. AS 11.56.850 is amended by adding new subsections to read: 22  (c) Paragraph (a)(2) of this section does not apply to 23  (1) a public servant who has been elected to a partisan public office 24 who uses the public servant's title relating to that partisan public office for partisan 25 political purposes; 26  (2) the use of the governor's residence or the use of communications 27 equipment in the governor's residence in the manner permitted under 28 AS 39.52.120(b)(6). 29  (d) In this section, "partisan political purposes" has the meaning given in 30 AS 39.52.120. 31 * Sec. 5. AS 39.52.120(b) is amended to read: 01  (b) A public officer may not 02  (1) seek other employment or contracts through the use or attempted 03 use of official position; 04  (2) accept, receive, or solicit compensation for the performance of 05 official duties or responsibilities from a person other than the state; 06  (3) use state time, property, equipment, or other facilities to benefit 07 personal or financial interests; 08  (4) take or withhold official action in order to affect a matter in which 09 the public officer has a personal or financial interest; [OR] 10  (5) attempt to benefit a personal or financial interest through coercion 11 of a subordinate or require another public officer to perform services for the private 12 benefit of the public officer at any time;  or  13  (6) use or authorize the use of state  titles, uniforms, badges, or other 14 identifying accoutrements of office or state funds, facilities, equipment, services, or 15 another government asset or resource for partisan political purposes; this paragraph 16 does not prohibit use of the governor's residence for meetings to discuss political 17 strategy and does not prohibit use of the communications equipment in the governor's 18 residence so long as there is no special charge to the state for the use; in this 19 paragraph, "for partisan political purposes" 20  (A) means having the intent to differentially benefit or harm a 21  (i) candidate or potential candidate for elective office; 22 or 23  (ii) political party or group; 24  (B) but does not include having the intent to benefit the public 25 interest at large through the normal performance of official duties. 26 * Sec. 6. AS 39.52 is amended by adding a new section to read: 27  Sec. 39.52.455. Private cause of action. A person damaged or injured by the 28 act of a public officer in violation of this chapter may maintain a private cause of 29 action against the officer.