05/13/1999 01:30 PM Senate JUD

          SB 114-IMPERSONATE POLICE/EMERGENCY VEHICLE                                                                           
                                                                                                                                
SENATOR ELLIS moved that the committee rescind its previous action                                                              
in adopting the committee substitute for SB 114 for the purpose of                                                              
a corrective amendment.  There being no objection, the motion                                                                   
carried.                                                                                                                        
                                                                                                                                
SENATOR ELLIS explained that Mr. Luckhaupt brought his concerns                                                                 
about the committee substitute to his staff's attention.  He                                                                    
prepared a new committee substitute that corrects the problem.                                                                  
                                                                                                                                
SENATOR ELLIS moved to adopt the original defective amendment.                                                                  
There was objection to the motion.  The motion failed with Senators                                                             
Ellis, Donley, Halford and Taylor voting "nay."                                                                                 
                                                                                                                                
SENATOR ELLIS moved to adopt the Senate Judiciary Committee                                                                     
substitute for SB 114 (Luckhaupt 4/23, Version G).  There being no                                                              
objection, the motion carried.                                                                                                  
                                                                                                                                
MR. JERRY LUCKHAUPT, legislative counsel and drafter of the                                                                     
committee substitute, informed committee members they had just                                                                  
adopted the incorrect committee substitute.                                                                                     
                                                                                                                                
SENATOR ELLIS moved to rescind the committee's motion to adopt the                                                              
committee substitute to SB 114 (Luckhaupt 4/23, Version G).                                                                     
                                                                                                                                
MR. LUCKHAUPT explained that Senator Ellis's previous amendment                                                                 
presented two problems.  First, it is worded in the present tense                                                               
so it would allow an affirmative defense to someone who was not a                                                               
member of a community patrol at the time of the offense but who                                                                 
subsequently joined one after he/she was cited for a violation.                                                                 
He stated he believes the intent of the amendment was to allow an                                                               
affirmative defense to those who belonged to a community patrol at                                                              
the time of the offense.   The second problem is associated with                                                                
what is an organized community patrol within a community or                                                                     
municipality.  Many problems have occurred over the years with                                                                  
which groups are recognized as community councils by a city.  In                                                                
some instances, dueling community councils were formed, each one                                                                
asserting that it is the community council for the town.  The                                                                   
Legislature has, for the most part, stayed out of those arguments.                                                              
The problem with the amendment is that any group can say it is a                                                                
community patrol for a particular area.  He addressed that problem                                                              
in the new committee substitute by inserting language that says one                                                             
is a member of a community patrol organized with, or in cooperation                                                             
with, the municipality or a community council that is established                                                               
under municipal ordinance or charter.  Therefore the municipality                                                               
will decide who the community councils are.  That comports with the                                                             
two instances that he is aware of in which the Legislature dealt                                                                
with community councils in statute; one dealing with citing of                                                                  
prison facilities, the other allowing communities to comment on                                                                 
proposed public works projects.  Both statutes refer to community                                                               
councils established under municipal charter or ordinance.                                                                      
                                                                                                                                
Number 120                                                                                                                      
                                                                                                                                
SENATOR ELLIS moved to adopt the draft, labeled Luckhaupt 5/12                                                                  
Version K, as the Senate Judiciary committee substitute for SB 114.                                                             
There being no objection, the motion carried.                                                                                   
                                                                                                                                
CHAIRMAN TAYLOR asked Senator Ellis if the new committee substitute                                                             
addresses Senator Phillips' concern.  SENATOR ELLIS said it does as                                                             
best as he can tell.  CHAIRMAN TAYLOR said he does not want to                                                                  
interfere with the very active community involvement in Senator                                                                 
Phillips' area.                                                                                                                 
                                                                                                                                
SENATOR ELLIS moved CSSB 114(JUD) from committee with individual                                                                
recommendations.  There being no objection, the motion carried.