Legislature(1995 - 1996)
04/24/1995 01:36 PM Senate JUD
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* first hearing in first committee of referral
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HB 28 POSSESSION OF GUNS ON SCHOOL PROPERTY
PATTY SWENSON, staff to Representative Bunde, sponsor of HB 28,
testified. HB 28 brings Alaska into compliance with the federal
Gun Free Schools Act. It prohibits the possession of guns within
school buildings, or on school grounds, and elevates the crime from
a class B to a class A misdemeanor. HB 28 allows locker searches
if notice is posted prominently in the schools. Locker searches
are constitutional as long as notice of the policy is posted.
Locker searches would be permitted only for weapons, guns, and
drugs. Other items found during a search could not be used against
a student. Personal items, such as backpacks, could not be
searched without probable cause. To comply with the Gun Free
Schools Act, schools must change data gathering methods regarding
weapons' incidences. HB 28 mandates reporting requirements that
will comply with the federal legislation and improve data gathering
on expulsions and weapon possession. Currently no adequate
statewide data gathering program regarding the age, grade, and
number of students expelled or suspended for weapons possession or
drug violations exists. HB 28 mandates expulsion for one year for
possession of deadly weapons on school grounds. The measure gives
school administrators the ability to modify expulsions or
suspensions on a case-by-case basis. Some weapons are exempted
with permission, i.e. those used for drill team competitions.
SENATOR TAYLOR asked Ms. Swenson if she has reviewed the proposed
Senate Judiciary committee substitute and amendment. MS. SWENSON
replied affirmatively and stated the sponsor does not object to the
proposed changes.
SENATOR TAYLOR explained the changes as follows. On page 2, line
16, the phrase, "or on the parking lot immediately adjacent to" was
changed to read, "or on the school parking lot of." He noted the
change was made to clarify the parameter of the law.
SENATOR GREEN moved to adopt the Senate Judiciary committee
substitute (Luckhaupt, 4/24/95). SENATOR ELLIS objected, and asked
if any other changes were made. SENATOR TAYLOR explained there is
an amendment to be offered. He maintained the objection for the
purpose of discussion.
SENATOR ELLIS asked for clarification of the parameters under which
a locker search could occur, and whether that provision is based on
case law, or the new federal law.
Number 233
MARGOT KNUTH, Assistant Attorney General, Department of Law,
explained the basis of the locker search provisions in HB 28 are
existing law under both the U.S. and Alaska Constitutions. The
provision is not required by the federal Firearms on School Grounds
Act, but is consistent with U.S. Supreme Court case law.
Essentially, school lockers are the property of the school,
therefore students' expectation of privacy in the school lockers is
reduced and the school may set criteria for reasonable searches.
HB 28 codifies existing law so that schools will be able to look to
the statute to determine what the parameters are to conduct
searches. Notices must be at least two inches high, and the search
or examination must not be more intrusive than reasonably necessary
to meet the objectives of the search.
Number 260
SENATOR ELLIS questioned whether it was the privacy provision in
the Alaska Constitution, or the probable cause provision of the
federal constitution, that prevents the search of backpacks and
personal items.
MS. KNUTH replied that protection is provided in both the U.S. and
Alaska Constitutions, but more so under Alaska's search and seizure
provision.
Number 271
SENATOR ELLIS asked about the notification requirements in HB 28.
MS. KNUTH responded lines 19-21 on page 4 contain that directive;
it is anticipated that notice will be continuously posted during
the school year. SENATOR ELLIS clarified the notice is continuous
and used as a standing announcement.
SENATOR ADAMS asked if a person gives up the right to privacy when
using a locker owned by a municipality or school district. MS.
KNUTH explained the individual never had that right with respect to
the locker. Part of the basis is that the search is for
contraband, and most particularly for weapons. The right to search
is a balance between the expectation of the right of privacy and
the right of other students and school officials to protection.
SENATOR ADAMS commented he was uncomfortable with that provision.
Number 303
SENATOR ELLIS asked if the posting of the search notice could occur
simultaneously with the search. MS. KNUTH stated she would expect
the notice to precede any searches, but it is possible that the
notice might be posted on the first day of school and a search
could occur on the same day. Such a situation would technically
comply with the statute, however that would be a one-time hardship
to the student.
SENATOR ELLIS expressed concern that when teaching young people
respect for laws, those laws need to be thorough and well
constructed, otherwise students learn disrespect for the laws. He
suggested amending the bill to prevent simultaneous notice posting
and searching.
Number 330
SENATOR GREEN asked if the same locker search policy is in effect
under current law. MS. KNUTH stated locker searches are currently
permissible. She added the notification element was included to
provide better communication about that policy and instill an
improved sense of trustworthiness on the part of the school.
MS. KNUTH discussed the proposed amendment. The amendment changes
the language on page 2, lines 18-19, from "who otherwise may
lawfully possess a deadly weapon or a defensive weapon" to "21
years of age or older." This allows a certain group of people to
possess weapons on school grounds, the intent being that an adult
should be able to possess a defensive or deadly weapon, most
specifically an unloaded firearm, in the trunk of a motor vehicle
or in a closed container in a motor vehicle. The House amended the
bill and removed the "21 years of age or older" language and
replaced it with "who otherwise may lawfully possess a deadly
weapon or a defensive weapon." Section 8 on page 3 prohibits
students from carrying such weapons. The House amendment would
permit a student expelled from school for a firearm violation to
qualify as somebody who would otherwise be able to lawfully possess
a weapon. The amendment would prevent such an occurrence.
Number 356
PEGGY ROBINSON-WILSON, Vice President of the Anchorage School
Board, testified on SCS CSHB 28(JUD). The Anchorage School
District has had experience in expelling students for bringing guns
and other deadly weapons on campus. She noted the word "school"
was inserted in front of the words "parking lot" on page 2, line
16, and page 3, line 3, in the proposed Senate Judiciary committee
substitute at her request. The change was requested to clarify
potential jurisdictional issues that could arise at the school
located in the Fifth Avenue parking garage in Anchorage.
SHEILA PETERSON, Special Assistant to the Commissioner of the
Department of Education, testified in support of SCS CSHB 28(JUD),
primarily Section 6. When the federal government reauthorized the
Education Act, it included a section dealing with the Gun Free
School Act. If the state does not have this legislation in place by
October 20, federal funds will be at risk. Those funds equaled
approximately $90 million in 1995. Safety in the schools is of
paramount concern to everyone; this measure provides school
districts with tools to ensure that schools are safe.
Number 420
SENATOR TAYLOR asked if there was continued objection to the
adoption of the Senate Judiciary committee substitute. There being
none, the motion carried.
SENATOR GREEN moved to adopt Amendment #1. There being no
objection, the motion carried.
Number 427
SENATOR TAYLOR asked Representative Bunde if lines 20-21 on page 2
could be interpreted to mean a person could have a loaded weapon in
a motor vehicle. REPRESENTATIVE BUNDE explained that language was
difficult to draft, but is intended to cover such things as a filet
knife, as a parent might pick up a child from school on the way
home from a fishing trip. A firearm must be in the trunk or in a
case and must be unloaded. SENATOR TAYLOR asked if there are no
circumstances under which a person could have a loaded firearm.
REPRESENTATIVE BUNDE replied, "That is correct, assuming you are
not a peace officer or something like that."
Number 443
SENATOR ELLIS asked if there is a section in the bill defining
"closed container." REPRESENTATIVE BUNDE stated there is not, but
he considered a closed container to be a gun case.
SENATOR ELLIS asked if the closed container has to be locked. He
noted many states are passing legislation making parents liable for
unlocked gun cases.
MS. KNUTH replied the container does not have to be locked; those
containers could be as simple as a cardboard box with a lid. It is
the same term used in the search and seizure law. REPRESENTATIVE
BUNDE commented he assumed the term to mean the gun case, so that
it is not readily accessible and would prevent a person from using
a gun on impulse.
SENATOR GREEN moved SCS CSHB 28(JUD)am out of committee with
individual recommendations. There being no objection, the motion
carried.
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