Legislature(2021 - 2022)ADAMS 519

03/28/2022 01:30 PM House FINANCE

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* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+= HB 322 AK MARINE HWY SYSTEM VESSEL REPL. FUND TELECONFERENCED
Moved CSHB 322(TRA) Out of Committee
+= HB 246 ACCESS TO MARIJUANA CONVICTION RECORDS TELECONFERENCED
Moved CSHB 246(FIN) Out of Committee
+ Bills Previously Heard/Scheduled TELECONFERENCED
                  HOUSE FINANCE COMMITTEE                                                                                       
                      March 28, 2022                                                                                            
                         1:39 p.m.                                                                                              
                                                                                                                                
1:39:17 PM                                                                                                                    
                                                                                                                                
CALL TO ORDER                                                                                                                 
                                                                                                                                
Co-Chair Merrick called the House Finance Committee meeting                                                                     
to order at 1:39 p.m.                                                                                                           
                                                                                                                                
MEMBERS PRESENT                                                                                                               
                                                                                                                                
Representative Neal Foster, Co-Chair (via teleconference)                                                                       
Representative Kelly Merrick, Co-Chair                                                                                          
Representative Dan Ortiz, Vice-Chair                                                                                            
Representative Bryce Edgmon                                                                                                     
Representative Andy Josephson                                                                                                   
Representative Bart LeBon                                                                                                       
Representative Steve Thompson                                                                                                   
Representative Adam Wool                                                                                                        
                                                                                                                                
MEMBERS ABSENT                                                                                                                
                                                                                                                                
Representative Ben Carpenter                                                                                                    
Representative DeLena Johnson                                                                                                   
Representative Sara Rasmussen                                                                                                   
                                                                                                                                
ALSO PRESENT                                                                                                                  
                                                                                                                                
Kelly Howell, Special Assistant to the Commissioner,                                                                            
Department of Public Safety                                                                                                     
                                                                                                                                
SUMMARY                                                                                                                       
                                                                                                                                
HB 322    AK MARINE HWY SYSTEM VESSEL REPL. FUND                                                                                
                                                                                                                                
          CSHB 322(TRA)  was REPORTED out of  committee with                                                                    
          four  "do  pass"  recommendations  and  three  "no                                                                    
          recommendation"   recommendations  and   with  one                                                                    
          previously   published  zero   fiscal  note:   FN1                                                                    
          (Gov/Fund Transfer).                                                                                                  
                                                                                                                                
HB 246    ACCESS TO MARIJUANA CONVICTION RECORDS                                                                                
                                                                                                                                
          CSHB 246(FIN) was REPORTED out of committee with                                                                      
          three "do pass" recommendations and four "no                                                                          
          recommendation"   recommendations  and   with  one                                                                    
          previously published  zero fiscal note:  FN1 (AJS)                                                                    
          and one  previously published fiscal  impact note:                                                                    
          FN2 (DPS).                                                                                                            
                                                                                                                                
HOUSE BILL NO. 322                                                                                                            
                                                                                                                                
     "An Act relating to the Alaska marine highway system                                                                       
     vessel replacement fund; and providing for an                                                                              
     effective date."                                                                                                           
                                                                                                                                
1:39:52 PM                                                                                                                    
                                                                                                                                
Co-Chair Merrick  reported that HB 322  was previously heard                                                                    
on March 15, 2022.                                                                                                              
                                                                                                                                
Representative  LeBon  MOVED  to   ADOPT  Amendment  1,  32-                                                                    
LS1501\B.1 (Marx, 3/23/22) (copy on file).                                                                                      
                                                                                                                                
Co-Chair Merrick OBJECTED for discussion.                                                                                       
                                                                                                                                
Representative   LeBon    explained   the    amendment.   He                                                                    
communicated that the amendment  proposed to move the Alaska                                                                    
Higher Education  Investment Fund from its  current location                                                                    
in the  General Fund (GF)  to a  separate fund in  the state                                                                    
treasury. The provision  was an attempt to  protect the fund                                                                    
from a  constitutional sweep under  Article 9, Section  17 d                                                                    
of  the  Alaska  Constitution. He  furthered  that  students                                                                    
benefitting from  the Alaska Performance  Scholarship, state                                                                    
education  grants,  and  the  Washington,  Wyoming,  Alaska,                                                                    
Montana, and Idaho (WWAMI) program   should not be subjected                                                                    
to a  political vote on  an accounting procedure.   He noted                                                                    
that  the language  aligned  with a  companion  bill in  the                                                                    
Senate. He hoped  the other body would  [Senate] protect the                                                                    
fund. He withdrew his amendment.                                                                                                
                                                                                                                                
Representative LeBon WITHDREW Amendment 1                                                                                       
                                                                                                                                
Vice-Chair  Ortiz MOVED  to REPORT   out  of committee  with                                                                    
individual  recommendations  and   the  accompanying  fiscal                                                                    
note(s). There being NO OBJECTION, it was so ordered.                                                                           
                                                                                                                                
CSHB 322(TRA)  was REPORTED out  of committee with  four "do                                                                    
pass"   recommendations   and  three   "no   recommendation"                                                                    
recommendations  and  with  one  previously  published  zero                                                                    
fiscal note: FN1 (Gov/Fund Transfer).                                                                                           
1:42:06 PM                                                                                                                    
AT EASE                                                                                                                         
                                                                                                                                
1:47:13 PM                                                                                                                    
RECONVENED                                                                                                                      
                                                                                                                                
HOUSE BILL NO. 246                                                                                                            
                                                                                                                                
     "An Act restricting the release of certain records of                                                                      
    convictions; and providing for an effective date."                                                                          
                                                                                                                                
1:47:17 PM                                                                                                                    
                                                                                                                                
Co-Chair  Merrick indicated  that  the  bill was  previously                                                                    
heard in  committee on March  11, 2022, and  amendments were                                                                    
considered.  She relayed  that the  committee would  discuss                                                                    
one additional  amendment that  replace the  prior Amendment                                                                    
1.                                                                                                                              
                                                                                                                                
Representative Wool MOVED to  ADOPT Amendment 1 Replacement,                                                                    
32-LS1300\B.1 (Radford, 3/10/22) (copy on file).                                                                                
                                                                                                                                
Co-Chair Merrick OBJECTED for discussion.                                                                                       
                                                                                                                                
Co-Chair  Merrick  recognized that  Representative  Jonathan                                                                    
Kreiss-Tompkins joined the meeting.                                                                                             
                                                                                                                                
Representative  Wool explained  the  amendment. He  reported                                                                    
that during the discussion on  the bill the parallel between                                                                    
an alcohol  violation of a  minor and a  marijuana violation                                                                    
of  a minor  was pointed  out.  He recalled  that after  the                                                                    
marijuana legalization  initiative passed,  the idea  was to                                                                    
treat  marijuana  violations  like  alcohol  violations.  He                                                                    
indicated that in 2015, a  bill by Senator Micciche [SB 165-                                                                    
Alcohol: Board;Minors;Marijuana Checks, Chapter  32 SLA  16,                                                                    
07/06/2016] was adopted  that decreased  minor consuming  of                                                                    
alcohol  to a  violation from  a misdemeanor.  He delineated                                                                    
that minor marijuana offenses  were currently a misdemeanor.                                                                    
The  amendment reduced  minor possession  of marijuana  to a                                                                    
violation, for those aged 18  through 20. He elaborated that                                                                    
the   offender  would   receive  a   ticketed  fine,   court                                                                    
appearances were not required,  and the amendment included a                                                                    
bail schedule  of $100  for the first  offense and  $250 for                                                                    
subsequent offenses. He furthered  that for minors under the                                                                    
age  of 18  the penalties  remained the  same as  in current                                                                    
law.                                                                                                                            
Co-Chair Merrick withdrew her objection.                                                                                        
                                                                                                                                
There  being  NO  OBJECTION,  Amendment  1  Replacement  was                                                                    
ADOPTED.                                                                                                                        
                                                                                                                                
1:50:58 PM                                                                                                                    
                                                                                                                                
Representative LeBon  asked to  hear from the  Department of                                                                    
Public Safety (DPS).                                                                                                            
                                                                                                                                
Representative   LeBon   recounted  from   prior   testimony                                                                    
regarding  access  to  prior records  related  to  marijuana                                                                    
convictions. He  wondered if an  employer would  have access                                                                    
to previous records for marijuana  convictions and how would                                                                    
the information be obtained.                                                                                                    
                                                                                                                                
KELLY  HOWELL,   SPECIAL  ASSISTANT  TO   THE  COMMISSIONER,                                                                    
DEPARTMENT  OF  PUBLIC SAFETY,  replied  that  the types  of                                                                    
background  checks that  would  be  excluded from  releasing                                                                    
marijuana  conviction records  as provided  for in  the bill                                                                    
were  the   any  person   background  check   that  included                                                                    
landlords or  certain employers such  as a  retail business.                                                                    
She   elucidated   that   other   background   checks   like                                                                    
 interested person  reports  were  authorized under  law for                                                                    
teachers,  bus  drivers,  etc.  Depending  on  the  type  of                                                                    
employer,  they may  still have  access to  the information.                                                                    
Representative  LeBon  asked   whether  a  potential  retail                                                                    
employer  could access  the records.  Ms. Howell  replied in                                                                    
the negative and  added that an any  person background check                                                                    
would  exclude  any convictions  as  outlined  in the  bill.                                                                    
Representative LeBon  asked whether an employer  operating a                                                                    
trucking  business  would  have  access  to  the  historical                                                                    
information. Ms. Howell answered in the affirmative.                                                                            
                                                                                                                                
1:54:28 PM                                                                                                                    
                                                                                                                                
Representative Josephson referenced  Ms. Howell's mention of                                                                    
bus drivers. He  stated that the bill  changed nothing about                                                                    
the testing  of any  type of bus  driver. Ms.  Howell agreed                                                                    
with the statement.                                                                                                             
                                                                                                                                
Vice-Chair  Ortiz MOVED  to REPORT   out  of committee  with                                                                    
individual  recommendations  and   the  accompanying  fiscal                                                                    
note(s).                                                                                                                        
                                                                                                                                
There being NO OBJECTION, it was so ordered.                                                                                    
                                                                                                                                
CSHB 246(FIN) was  REPORTED out of committee  with three "do                                                                    
pass"   recommendations   and   four   "no   recommendation"                                                                    
recommendations  and  with  one  previously  published  zero                                                                    
fiscal note:  FN1 (AJS) and one  previously published fiscal                                                                    
impact note: FN2 (DPS).                                                                                                         
                                                                                                                                
1:55:58 PM                                                                                                                    
AT EASE                                                                                                                         
                                                                                                                                
1:59:12 PM                                                                                                                    
RECONVENED                                                                                                                      
                                                                                                                                
Co-Chair Merrick reviewed the schedule for the following                                                                        
morning.                                                                                                                        
                                                                                                                                
                                                                                                                                
ADJOURNMENT                                                                                                                   
                                                                                                                                
1:59:33 PM                                                                                                                    
                                                                                                                                
The meeting was adjourned at 1:59 p.m.                                                                                          

Document Name Date/Time Subjects
HB 322 Amendment 1 LeBon 032422.pdf HFIN 3/28/2022 1:30:00 PM
HB 322