03/10/1995 01:06 PM House JUD

 HJUD - 03/10/95                                                               
 HB 28 - POSSESSION OF GUNS ON SCHOOL PROPERTY                               
                                                                               
 Number 250                                                                    
                                                                               
 REPRESENTATIVE BUNDE, sponsor of HB 28, introduced the bill.                  
 Sponsor statement:                                                            
                                                                               
 "The increasing trend towards violence and guns in schools across             
 the nation is the reason the Federal Gun Free Schools Act was                 
 passed by Congress.  This act requires a school system, as a                  
 condition of receiving federal education funds, to implement a                
 program for the control of guns and weapons in schools.  HB 28 will           
 put Alaska into compliance with the mandates of the Federal Gun               
 Free Schools Act.                                                             
                                                                               
 "The possession of deadly weapons and defensive weapons on school             
 grounds, in parking lots adjacent to public or private schools, and           
 while participating in school events is prohibited by HB 28.                  
 However, a person can obtain permission from the chief                        
 administrative officer of a school to carry a prohibited weapon               
 into a school.  This provision will allow a school to use an                  
 existing gun range or continue functions within a school that                 
 require the legal use of a deadly or defensive weapon.                        
                                                                               
 "HB 28 provides for a one year expulsion or suspension of a student           
 that possesses a weapon on school grounds.  However, in instances             
 of disabled or special education students the school administrator            
 is granted the ability to modify the mandatory expulsion or                   
 suspension.  Additionally, this legislation requires an annual                
 statistical report to the Department of Education regarding the               
 number of students expelled and the types of weapons involved.                
 This provision will improve the way many school districts keep                
 weapons reports.  Both of these provisions are for compliance with            
 the Gun Free Schools Act.                                                     
                                                                               
 "This legislation allows school locker searches in order to                   
 determine compliance with school regulations and state laws.  The             
 policy of locker searches must be posted in prominent locations               
 throughout the school.                                                        
                                                                               
 "Alaska must comply with the Federal Gun Free Schools Act by                  
 passing this legislation, or our schools will lose needed federal             
 dollars.  However, the most important reason for passing this                 
 legislation is, schools cannot work well when students and teachers           
 are concerned about their safety.  The educational process stops              
 when people are afraid.  Although a wide range of underlying social           
 ills contribute to violent incidents, children with guns and                  
 weapons in our schools is a strong catalyst for governmental                  
 action.  I urge your favorable consideration of HB 28."                       
                                                                               
 Number 300                                                                    
                                                                               
 REPRESENTATIVE VEZEY asked how this differs from existing statute,            
 and also wondered what was wrong with existing statute.                       
                                                                               
 CHAIRMAN PORTER answered there was someone from the Department of             
 Law who could answer that shortly, but he called the witnesses in             
 the order they had signed in.                                                 
                                                                               
 Number 325                                                                    
                                                                               
 SHEILA PETERSON, Special Assistant, Commissioner's Office,                    
 Department of Education, endorsed what Representative Bunde                   
 indicated is the Gun Free School Act that was passed in federal               
 law.  It does require each state to have a statute by October 20,             
 which would expel a student if it is determined the student has               
 brought a gun to school.  If we do not have a state law in place at           
 that time, 99 million dollars of federal funds will be in jeopardy.           
 Section 6 of HB 28 does address this and she urged the passage of             
 this bill.                                                                    
                                                                               
 REPRESENTATIVE VEZEY asked if she would like to attempt to answer             
 his question.                                                                 
                                                                               
 MS. PETERSON stated that as far as the expulsion of students goes,            
 currently, school boards can adopt a policy, and several school               
 boards have done so, to expel a student for up to a year for                  
 bringing a gun to school.  This bill puts it into state law that              
 schools must have this policy.                                                
                                                                               
 CHAIRMAN PORTER added, "As is the federal mandate."                           
                                                                               
 MS. PETERSON said that was correct.                                           
                                                                               
 REPRESENTATIVE BUNDE stated that school policies vary throughout              
 the state, and this would make the policy consistent statewide.               
                                                                               
 Number 375                                                                    
                                                                               
 VERNON MARSHALL, Executive Director, National Education                       
 Association, made a short statement in support of the bill.  They             
 believe it is important for Alaska to make a statement that we                
 expect our schools to be safe, gun-free zones, and that children              
 need not be fearful of what may take place in a hall or classroom,            
 as far as weapons are concerned, during the course of the day.  He            
 also believed those who originated the bill had exhibited foresight           
 in the area of locker searches.  If this becomes law, the school              
 would have the opportunity to look into those lockers and see what            
 is in them.                                                                   
                                                                               
 REPRESENTATIVE BUNDE stated the locker search provision would beat            
 the constitutional challenge, as signs would be posted, and                   
 searched would be conducted randomly.  These searches could not be            
 misinterpreted as being arbitrary and capricious.                             
                                                                               
 Number 455                                                                    
                                                                               
 MARGOT KNUTH, Assistant Attorney General, Department of Law,                  
 Criminal Division, answered various questions.  Right now,                    
 possessing weapons on school grounds is a class B misdemeanor.                
 What this bill does is elevate that act to a class A misdemeanor.             
 On page 2 of the bill, subsection (7)(c), allows a person 21 years            
 of age or older to possess an unloaded firearm if the person is               
 traversing school premises in a rural area for the purpose of                 
 entering public or private land that is open to hunting.  She                 
 believed this was the result of an amendment request in an earlier            
 committee.  She added that while officials have the right to search           
 lockers, they do not have the right to search day packs, without              
 just cause.                                                                   
                                                                               
 REPRESENTATIVE TOOHEY asked if schools would be allowed to use                
 metal detectors.                                                              
                                                                               
 MS. KNUTH answered that yes, they would.  Metal detectors have been           
 held to be a reasonable search, because they do not identify what             
 is in the pack, only that there is metal, which is the weapon that            
 you are looking for.                                                          
                                                                               
 REPRESENTATIVE FINKELSTEIN asked what hearing and appeal process              
 would be required prior to expulsion.                                         
                                                                               
 MS. KNUTH answered that due process does apply.  Requirements                 
 include that there be notice, and an opportunity to be heard.  She            
 was not sure what standard of evidence is used in the hearing.                
                                                                               
 Number 560                                                                    
                                                                               
 REPRESENTATIVE FINKELSTEIN asked if you could suspend them in the             
 mean time.                                                                    
                                                                               
 MS. KNUTH was not familiar with that area.                                    
                                                                               
 REPRESENTATIVE BUNDE asked Ms. Peterson if leaving the section in             
 that allows for a person 21 years of age or older to cross the                
 school grounds, in order to get to a hunting ground, as would be              
 the case in some rural areas; would still keep the state in                   
 compliance with federal law.                                                  
                                                                               
 MS. PETERSON said the federal law requires the states to have a law           
 on the books that will expel a student for up to one year, if that            
 student brought a gun to school.                                              
                                                                               
 MS. PETERSON added that the federal definition of a weapon does               
 exclude a rifle that is used for recreational or cultural purposes.           
                                                                               
 REPRESENTATIVE BUNDE asked again, for the record, if would be in              
 compliance with the federal law if we kept this section in.                   
                                                                               
 MS. PETERSON confirmed that we would be in compliance with federal            
 law as long as we kept Section 6 in, which provides for expulsion.            
                                                                               
 CHAIRMAN PORTER offered an amendment.  On page 2, line 15, after,             
 "within the" add "building".  After the second "of", add a comma.             
 Add the same conforming amendment on Page 3, line 2.  Seeing no               
 objection, the amendment was adopted.                                         
                                                                               
 REPRESENTATIVE VEZEY offered Amendment Number 2.  This would delete           
 Section 3.                                                                    
                                                                               
 REPRESENTATIVE BUNDE objected.                                                
                                                                               
 REPRESENTATIVE VEZEY said the effect would be to leave existing               
 statute in place, which would make the possession of a weapon on              
 school grounds, to be a misconduct involving weapons in the fifth             
 degree, as opposed to being classified as misconduct in the fourth            
 degree.                                                                       
                                                                               
 REPRESENTATIVE BUNDE observed that under current law, it is a                 
 greater offense to take a pair of brass knuckles into a bar, than             
 it is to take a gun onto school grounds.  Somehow, he felt that was           
 backwards of what it should be.  He argued against the amendment.             
 He would rather see it raised to a higher level of concern.                   
                                                                               
 CHAIRMAN PORTER requested a roll call vote.  Representative Vezey             
 voted yes.  Representatives Bunde and Toohey voted no.                        
 Representative Finkelstein passed.  Representatives Green and                 
 Porter voted no.  Representative Finkelstein voted no.  Amendment             
 Number 2 failed, five to one.                                                 
                                                                               
 REPRESENTATIVE BUNDE made the motion to move CSHB 28 (JUD), as                
 amended, from committee, with individual recommendations.  Seeing             
 no objection, the bill passed.