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."