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.