Legislature(1999 - 2000)
05/10/1999 02:25 PM Senate JUD
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* first hearing in first committee of referral
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+ teleconferenced
= bill was previously heard/scheduled
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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