04/14/2023 01:00 PM House JUDICIARY

         HB  28-ACCESS TO MARIJUANA CONVICTION RECORDS                                                                      
                                                                                                                                
1:39:41 PM                                                                                                                    
                                                                                                                                
CHAIR VANCE  announced that the  next order of business  would be                                                               
HOUSE BILL  NO. 28,  "An Act restricting  the release  of certain                                                               
records of convictions; and providing for an effective date."                                                                   
                                                                                                                                
1:39:52 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE C.  JOHNSON moved to adopt  the proposed committee                                                               
substitute  (CS)   for  HB  28,  Version   33-LS0271\S,  Radford,                                                               
4/13/23, as the work draft.                                                                                                     
                                                                                                                                
REPRESENTATIVE EASTMAN objected for the purpose of discussion.                                                                  
                                                                                                                                
1:40:19 PM                                                                                                                    
                                                                                                                                
JAKE  ALMEIDA, Staff,  Representative Sarah  Vance, Alaska  State                                                               
Legislature, summarized  the changes  in the  proposed CS  for HB
, ("Version S"), on behalf  of Representative Vance.  He stated                                                               
that Version  S added subsection (f)(5)  to Section 3 on  page 3,                                                               
line 5; additionally, Version S deleted Section 5.                                                                              
                                                                                                                                
CHAIR VANCE invited questions from members of the committee.                                                                    
                                                                                                                                
1:41:31 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE GRAY asked how the fee of $150 was established.                                                                  
                                                                                                                                
CHAIR  VANCE  explained that  after  researching  [the fees  for]                                                               
marijuana conviction  records in  other states, which  range from                                                               
$150-$500, she  decided upon the "lowball  figures" to compensate                                                               
for financial hardship.   She reasoned that paying a  fee for the                                                               
associated costs  of sealing prior convictions  would demonstrate                                                               
the seriousness  the individual.   Further, she intended  for the                                                               
fiscal note to be greatly reduced due to the proposed user fee.                                                                 
                                                                                                                                
1:42:31 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE EASTMAN  withdrew his  objection.  There  being no                                                               
further objection, Version S was adopted as the work draft.                                                                     
                                                                                                                                
REPRESENTATIVE  VANCE  invited  final   comments  from  the  bill                                                               
sponsor.                                                                                                                        
                                                                                                                                
1:42:56 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  STANLEY WRIGHT,  Alaska State  Legislature, prime                                                               
sponsor  of HB  28, thanked  the committee  for putting  the bill                                                               
through its paces and allowing it  to move forward.  He described                                                               
the bill as good legislation.                                                                                                   
                                                                                                                                
CHAIR  VANCE   invited  final  comments   from  members   of  the                                                               
committee.                                                                                                                      
                                                                                                                                
1:43:37 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE EASTMAN inquired about  the effect of the language                                                               
on page 3,  line 21, of Version  S.  He questioned  how to obtain                                                               
[a  criminal  history  record]   that  includes  the  information                                                               
removed under (a) of this section.                                                                                              
                                                                                                                                
CHAIR VANCE sought to clarify the question.                                                                                     
                                                                                                                                
REPRESENTATIVE EASTMAN directed attention to page 3, lines 19-                                                                  
22.  He asked whether there  was another way for people to obtain                                                               
the [sealed] information,  and whether that method  would be made                                                               
publicly available, per paragraphs (1) and (2).                                                                                 
                                                                                                                                
CHAIR VANCE  remarked, "I  believe on  line 9  that we  were very                                                               
clear on  what we told  the court system  to do  as far as  the                                                                 
publicly  available  information.   The  only  other  information                                                               
removed in the CS was not required by law."                                                                                     
                                                                                                                                
REPRESENTATIVE EASTMAN  asked about  the intent  of page  3, line                                                               
21.                                                                                                                             
                                                                                                                                
CHAIR  VANCE shared  her  belief that  Ms.  Meade had  previously                                                               
testified on how the court's website addressed this issue.                                                                      
                                                                                                                                
REPRESENTATIVE EASTMAN  shared his  understanding that  Ms. Meade                                                               
had  stated  that the  information  would  not be  available  and                                                               
therefore, would not be referenced on the court's website.                                                                      
                                                                                                                                
1:46:48 PM                                                                                                                    
                                                                                                                                
The committee took a brief at-ease.                                                                                             
                                                                                                                                
1:49:28 PM                                                                                                                    
                                                                                                                                
CHAIR VANCE  pointed out that  this was time for  closing remarks                                                               
not  further debate  or questions.    She invited  Representative                                                               
Eastman to finish his closing remarks.                                                                                          
                                                                                                                                
1:49:56 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  EASTMAN expressed  concern that  the language  on                                                               
page  3, lines  21-22, might  send a  person down  a never-ending                                                               
loop in search  of information.  Further, he  highlighted page 3,                                                               
line  16.   He  suggested  that the  language  in question  would                                                               
require further attention as the bill advanced.                                                                                 
                                                                                                                                
1:51:34 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE GROH  applauded the work of  the sponsor; however,                                                               
he maintained his concern about the [user fee].                                                                                 
                                                                                                                                
1:52:07 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE C.  JOHNSON moved to  report CSHB 28,  Version 33-                                                               
LS0271\S,  Radford, 4/13/23,  out  of  committee with  individual                                                               
recommendations and  the accompanying fiscal notes.   There being                                                               
no  objection,   CSHB  28(JUD),  was  reported   from  the  House                                                               
Judiciary  Standing   Committee.    He  gave   Legislative  Legal                                                               
Services permission to make all  technical and conforming changes                                                               
necessary.