02/11/2000 10:11 AM Senate FIN

CS FOR SENATE BILL NO. 114(JUD)                                                                                                 
"An Act relating to public officials and to                                                                                     
impersonating a public servant."                                                                                                
                                                                                                                                
                                                                                                                                
SENATOR TAYLOR testified as sponsor to this legislation.                                                                        
The Juneau Police Department came to him a year ago about a                                                                     
person driving around town, on the verge of impersonating                                                                       
an officer.  He noted that there is nothing in law that                                                                         
provides for punishment of impersonating a police officer.                                                                      
As his office researched this situation it was determined                                                                       
that historically there had been other such complaints                                                                          
about the misuse by people in the public sector of state                                                                        
trooper positions and the like, such as mayors or other                                                                         
public servants.                                                                                                                
                                                                                                                                
Senator Phillips asked about car hobbyists and enthusiasts                                                                      
that have legitimate interest in restoring a police car or                                                                      
a fire truck for historical purposes.                                                                                           
                                                                                                                                
Senator Taylor stated that he did not think this would be a                                                                     
problem, but would be happy to rework the language of this                                                                      
legislation to include these exceptions.                                                                                        
                                                                                                                                
Senator Adams voiced his concern about not hindering                                                                            
volunteers responding to an emergency.                                                                                          
                                                                                                                                
Senator Leman noted that he was trying to figure out the                                                                        
intent of restricting public servants.  He asked who                                                                            
qualified as a public servant and wanted to make sure that                                                                      
this legislation did not restrict an individual within the                                                                      
political process.                                                                                                              
                                                                                                                                
Senator Taylor used the specific example of campaign                                                                            
literature with a picture of a state trooper in their                                                                           
official capacity.  He offered that this gives the                                                                              
implication that the State Troopers themselves are either                                                                       
supporting or opposing a candidate.  He added that these                                                                        
are not normally put out by the state troopers, but rather                                                                      
by an affiliate organization.  He noted that this was                                                                           
inappropriate use of this public office and badge.                                                                              
                                                                                                                                
Senator Leman continued to note that partisan political                                                                         
purpose means more than what he would initially interpret                                                                       
this to mean.  He noted that partisan would be related to                                                                       
political parties, but there are elections in this state                                                                        
that are non-partisan with contested elections.  He asked                                                                       
if this legislation applied to elections such as these.                                                                         
                                                                                                                                
Senator Taylor responded affirmatively.                                                                                         
                                                                                                                                
Senator Wilken made a motion to move SB 114, (Judiciary)                                                                        
version 1-LS0690\M with individual recommendations along                                                                        
with an indeterminate fiscal note.                                                                                              
                                                                                                                                
Co-Chair Torgerson hearing no objection MOVED FROM                                                                              
COMMITTEE SB 114.