Legislature(1995 - 1996)
1995-02-27 House Journal
Full Journal pdf1995-02-27 House Journal Page 0499 HB 206 HOUSE BILL NO. 206 by the House Rules Committee by request of the Governor, entitled: "An Act relating to the revocation of a minor's license to drive, privilege to drive, or privilege to obtain a driver's license for an offense involving a controlled substance, possession or consumption of alcohol, or the illegal use or possession of a firearm; and requiring the expulsion or suspension of students possessing deadly weapons." was read the first time and referred to the Health, Education & Social Services, Transportation and Judiciary Committees. The following fiscal notes apply: Zero fiscal notes (2), Dept. of Administration, 2/27/95 Zero fiscal note, Dept. of Education, 2/27/95 Zero fiscal notes (3), Dept. of Health & Social Services, 2/27/95 Zero fiscal note, Dept. of Law, 2/27/95 Zero fiscal note, Dept. of Public Safety, 2/27/95 1995-02-27 House Journal Page 0500 HB 206 The Governor's transmittal letter, dated February 27, 1995, appears below: "Dear Speaker Phillips: Under the authority of art. III, sec. 18, of the Alaska Constitution, I am transmitting a bill designed to deter juveniles from illegally using or possessing guns. Our juvenile justice system is trying to deal with the state's ever- growing number of delinquents. The system, however, is already operating at capacity. There are juveniles who know that penalties for minor offenses are rarely imposed. We need to bring home to juveniles in as many ways as possible the message, not only that "crime doesn't pay," but that there are consequences for committing crimes. This bill adds two consequences to our existing laws against possessing guns on school grounds: being expelled from school for at least one year, and losing the privilege to drive. The possession and use of firearms by juveniles has increased dramatically in recent years. In 1993, 76 juveniles in Anchorage were charged with Misconduct Involving Weapons. These cases did not include violent or drug-related offenses in which a juvenile used or possessed a handgun; these cases involved specific weapons offenses. In 1994, there were over 100 cases, and the numbers are still going up. During the 1992-93 school year, 12 students were caught with guns at Anchorage schools. In the 1993-94 school year, that number rose to 27. We need to stop this trend now. The first key component of the bill puts at risk something almost all juveniles care about, the privilege to drive, as a penalty for illegally using or possessing a gun. This provision is contained in section 2, and amends the current "use it, lose it" law. For a first offense, the revocation is 90 days; after that it is for a period of up to one year. The second key component of the bill is set out in sec. 1. It requires school districts to expel for at least one year any student who brings 1995-02-27 House Journal Page 0501 HB 206 a firearm1 to school. This provision is mandated by the federal Gun Free Schools Act, which requires a state that receives federal money under the Elementary and Secondary Education Act to have a provision of this nature in effect by October 20, 1995. In FY 95, the State of Alaska received over $90 million, most of which went directly to local school districts, under the Elementary and Secondary Education Act. This bill will allow Alaska to continue receiving these funds in future years. I urge your favorable action on this bill. Sincerely, /s/ Tony Knowles Governor ___________________ 1Under 18 U.S.C. 921, "firearm" does not include a rifle that the owner intends to use solely for sporting, recreational, or cultural purposes."