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.