04/23/2024 01:30 PM Senate FINANCE

CS FOR HOUSE BILL NO. 28(FIN)                                                                                                 
                                                                                                                                
     "An Act  restricting the release of  certain records of                                                                    
    convictions; and providing for an effective date."                                                                          
                                                                                                                                
1:34:23 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE STANLEY WRIGHT, SPONSOR, introduced the                                                                          
legislation. He referred to the Sponsor Statement (copy on                                                                      
file):                                                                                                                          
                                                                                                                                
     Alaskans  voted  to  legalize  the  cultivation,  sale,                                                                    
     possession  and  recreational   use  of  marijuana  for                                                                    
     persons 21 years of age  or older in 2014. Despite this                                                                    
     change in state law,  some Alaskans remain blocked from                                                                    
     employment and  housing and other opportunities  due to                                                                    
     previous  marijuana possession  convictions that  today                                                                    
     are recognized as non-criminal activities.                                                                                 
                                                                                                                                
     House  Bill 28  would make  the records  of individuals                                                                    
     who   were   convicted   of  minor   marijuana   crimes                                                                    
     confidential, so long  as they were 21 years  of age or                                                                    
     older at the  time of the offense and  were not charged                                                                    
     with  any  other crimes  in  the  same incident.  These                                                                    
     records  would  automatically  be  removed  from  Court                                                                    
     View.  The  records would  also  be  removed from  some                                                                    
     background  checks administered  by  the Department  of                                                                    
     Public   Safety,   if   requested  by   the   convicted                                                                    
     individual.                                                                                                                
                                                                                                                                
     According to figures provided  by the Alaska Department                                                                    
     of  Public  Safety,  not less  than  700  Alaskans  are                                                                    
     hindered in  day to day  life by  marijuana convictions                                                                    
     that are  eligible for the  confidentiality protections                                                                    
     in this bill.                                                                                                              
                                                                                                                                
     With Alaskans  having spoken  by means  of legalization                                                                    
     of  marijuana  this  bill would  allow  those  that  by                                                                    
     today's  standards   would  not  be  considered   as  a                                                                    
     criminal  offender  to  move forward  with  their  life                                                                    
     without the obstruction that can  be incurred by such a                                                                    
     conviction   on  ones   record  while   still  allowing                                                                    
     provisions  for   adequate  access  to   background  or                                                                    
     statistical    information   for    those   appropriate                                                                    
     agencies.                                                                                                                  
                                                                                                                                
1:36:12 PM                                                                                                                    
                                                                                                                                
FORREST  WOLFE,  STAFF,  REPRESENTATIVE WRIGHT,  provided  a                                                                    
brief history of the legislation.                                                                                               
                                                                                                                                
Senator Wilson wondered whether  the legislation would allow                                                                    
for "bad boys to move in silence and violence."                                                                                 
                                                                                                                                
Representative Wright  replied in  the negative,  and stated                                                                    
that it  was an  opportunity for folks  to reach  their full                                                                    
potential and move on with their lives.                                                                                         
                                                                                                                                
Mr.  Wolfe furthered  that the  crimes  outlined within  the                                                                    
bill were non-violent crimes.                                                                                                   
                                                                                                                                
1:40:06 PM                                                                                                                    
                                                                                                                                
Senator Wilson asked whether there  would be a bigger way to                                                                    
solve the issue, because there might be a jealousy issue.                                                                       
                                                                                                                                
Representative Wright  replied that he  felt that it  was an                                                                    
opportunity for  folks to  move on with  their lives  and be                                                                    
given some redemption.  He remarked that as  a Christian, he                                                                    
believed in that.                                                                                                               
                                                                                                                                
Mr. Wolfe  furthered that there  were some  issues addressed                                                                    
in  the  bill that  were  no  longer considered  crimes.  He                                                                    
remarked that the crimes referred  to by Senator Wilson were                                                                    
still considered crimes under Alaska law.                                                                                       
                                                                                                                                
Co-Chair  Olson wondered  whether it  was still  against the                                                                    
law to be in possession of marijuana.                                                                                           
                                                                                                                                
Representative Wright  replied that possession  of marijuana                                                                    
was still  illegal on the  federal level, but  remarked that                                                                    
the  bill  only  addressed  state law  as  it  pertained  to                                                                    
occurrences within the state of Alaska.                                                                                         
                                                                                                                                
Senator  Wilson  wondered  whether  there was  a  manual  or                                                                    
instructions about  how the convictions might  be overturned                                                                    
and the effect on the perpetrator's lives.                                                                                      
                                                                                                                                
Representative Wright replied in the affirmative.                                                                               
                                                                                                                                
Co-Chair Stedman wondered how  many Alaska citizens would be                                                                    
affected by the legislation.                                                                                                    
                                                                                                                                
Representative Wright replied that it was 8500 Alaskans.                                                                        
                                                                                                                                
Senator Bishop surmised that it  was up to the individual to                                                                    
remove themselves from the record.                                                                                              
                                                                                                                                
Representative Wright replied in the affirmative.                                                                               
                                                                                                                                
1:45:31 PM                                                                                                                    
                                                                                                                                
DAVID L. MORGAN JR.,  GOVERNMENTAL AFFAIRS ASSOCIATE, REASON                                                                    
FOUNDATION  (via teleconference),  testified  in support  of                                                                    
the bill.                                                                                                                       
                                                                                                                                
Co-Chair  Olson  asked  about  the  mission  of  the  REASON                                                                    
Foundation.                                                                                                                     
                                                                                                                                
Mr. Morgan replied  that it was a  non-partisan thinktank to                                                                    
bring  solutions  to the  table,  such  as criminal  justice                                                                    
reform, consumer freedom, technology, and transportation.                                                                       
                                                                                                                                
Co-Chair Olson wondered whether Mr. Morgan lived in Alaska.                                                                     
                                                                                                                                
Mr. Morgan  responded in  the negative,  and stated  that he                                                                    
lived in Georgia.                                                                                                               
                                                                                                                                
Co-Chair Olson wondered whether  the REASON Foundation was a                                                                    
national organization.                                                                                                          
                                                                                                                                
Mr. Morgan replied in the affirmative.                                                                                          
                                                                                                                                
1:48:51 PM                                                                                                                    
                                                                                                                                
RYAN   TUNSETH,   PRESIDENT,   ALASKA   MARIJUANA   INDUSTRY                                                                    
ASSOCIATION  (via teleconference),  testified in  support of                                                                    
the bill.                                                                                                                       
                                                                                                                                
Co-Chair Olson  wondered whether the  "AMA" was in  favor of                                                                    
the bill.                                                                                                                       
                                                                                                                                
Mr. Tunseth replied in the affirmative.                                                                                         
                                                                                                                                
Co-Chair Olson  wondered whether  Mr. Tunseth was  a medical                                                                    
doctor who supported the bill.                                                                                                  
                                                                                                                                
Mr.  Tunseth replied  that he  was  a member  of the  "AMIA"                                                                    
which was the Alaska Marijuana Industry Association.                                                                            
                                                                                                                                
1:52:43 PM                                                                                                                    
                                                                                                                                
LISA  PURINTON, LEGISLATIVE  LIAISON,  DEPARTMENT OF  PUBLIC                                                                    
SAFETY, (DPS) addressed the fiscal note.                                                                                        
                                                                                                                                
Senator Wilson  surmised that  the bill  work for  folks who                                                                    
needed  to  request  their  criminal  records.  He  wondered                                                                    
whether there  would be  an interest in  the subject  in the                                                                    
bill.                                                                                                                           
                                                                                                                                
Ms. Purinton responded that he could not speculate.                                                                             
                                                                                                                                
Senator Wilson wondered whether there  was a need to examine                                                                    
the criminal  records to determine  what records  should see                                                                    
elimination.                                                                                                                    
                                                                                                                                
Ms. Purinton replied in the affirmative.                                                                                        
                                                                                                                                
1:57:45 PM                                                                                                                    
                                                                                                                                
Co-Chair  Olson wondered  whether DPS  was in  favor of  the                                                                    
bill.                                                                                                                           
                                                                                                                                
Ms. Purinton replied that the  department was neutral on the                                                                    
bill.                                                                                                                           
                                                                                                                                
Senator  Merrick felt  that  researching  8500 cases  seemed                                                                    
like "a lot of work."                                                                                                           
                                                                                                                                
Co-Chair Olson wondered whether  the fiscal note returned to                                                                    
zero after FY 28.                                                                                                               
                                                                                                                                
Ms.  Purinton  replied  that  the   costs  were  related  to                                                                    
proactive reviews of the records.                                                                                               
                                                                                                                                
Senator  Kiehl wondered  why there  was a  need to  wait for                                                                    
folks  to  request removal,  when  the  department would  be                                                                    
researching all cases.                                                                                                          
                                                                                                                                
Ms. Purinton responded that the bill was written that way.                                                                      
                                                                                                                                
Representative Wright stated that  he was willing to discuss                                                                    
a change in the language of the bill.                                                                                           
                                                                                                                                
2:00:31 PM                                                                                                                    
                                                                                                                                
NANCY MEADE,  GENERAL COUNSEL,  ALASKA COURT  SYSTEM, stated                                                                    
that there was a zero fiscal note.                                                                                              
                                                                                                                                
Co-Chair  Olson wondered  how to  morally justify  a change,                                                                    
when the crime was committed at a time of illegality.                                                                           
                                                                                                                                
Ms.  Meade replied  that  the conviction  was  still on  the                                                                    
record, but would merely be hidden from the public.                                                                             
                                                                                                                                
Senator Wilson wondered whether  the court needed additional                                                                    
staffing for the legislation.                                                                                                   
                                                                                                                                
Ms. Meade replied  that the court would  not need additional                                                                    
staff as related to the language of the bill.                                                                                   
                                                                                                                                
Co-Chair  Olson wondered  whether  the Court  System was  in                                                                    
favor of the legislation.                                                                                                       
                                                                                                                                
Ms. Meade replied  that the Court System was  neutral on the                                                                    
bill.                                                                                                                           
                                                                                                                                
2:05:11 PM                                                                                                                    
                                                                                                                                
Co-Chair Olson OPENED public testimony.                                                                                         
                                                                                                                                
2:05:27 PM                                                                                                                    
                                                                                                                                
LACY    WILCOX,    OWNER,    THC   ALASKA,    JUNEAU    (via                                                                    
teleconference), spoked in favor of the bill.                                                                                   
                                                                                                                                
Representative Wright thanked the committee.                                                                                    
                                                                                                                                
Mr. Wolfe thanked the committee.                                                                                                
                                                                                                                                
Co-Chair Olson CLOSED public testimony.                                                                                         
                                                                                                                                
CSHB 28(FIN) was HEARD and HELD in committee for further                                                                        
consideration.