04/20/2014 09:00 AM House FINANCE

CS FOR SENATE BILL NO. 108(JUD)                                                                                               
                                                                                                                                
     "An Act relating to the confidentiality of certain                                                                         
     records of criminal cases; and providing for an                                                                            
     effective date."                                                                                                           
                                                                                                                                
3:45:44 PM                                                                                                                    
                                                                                                                                
Co-Chair Stoltze  noted that the House  Finance Committee CS                                                                    
had  not been  adopted  by the  committee.  He relayed  that                                                                    
there  was an  amendment that  had been  agreed upon  by the                                                                    
sponsor in a  memorandum. The amendment would  be offered to                                                                    
the  Senate  Judiciary Committee  version  of  the bill.  He                                                                    
asked for verification that his understanding was correct.                                                                      
                                                                                                                                
SENATOR FRED DYSON, SPONSOR, replied in the affirmative.                                                                        
                                                                                                                                
Co-Chair Stoltze WITHDREW a prior  motion to adopt the House                                                                    
Finance Committee version of the bill.                                                                                          
                                                                                                                                
Co-Chair  Stoltze MOVED  to  ADOPT  replacement Amendment  1                                                                    
(28-LS0973\R.5):                                                                                                                
                                                                                                                                
     Page 2, line 3, following "authority":                                                                                     
          Insert "and were not dismissed as part of a plea                                                                      
          agreement in another criminal case under Rule 11,                                                                     
          Alaska Rules of Criminal Procedure"                                                                                   
                                                                                                                                
Representative Wilson OBJECTED for discussion.                                                                                  
                                                                                                                                
Co-Chair Stoltze  asked for verification that  the amendment                                                                    
offered was the correct version.                                                                                                
                                                                                                                                
GEORGE,  STAFF, REPRESENTATIVE  BILL  STOLTZE verified  that                                                                    
28-LS0973\R.5 was  the Legislative Legal drafted  version of                                                                    
the original Amendment 1.                                                                                                       
                                                                                                                                
Co-Chair Stoltze explained that  the amendment provided that                                                                    
if  a  person's charge  was  dismissed  as  part of  a  plea                                                                    
agreement  that the  information would  not be  removed from                                                                    
the public domain on the Court View website.                                                                                    
                                                                                                                                
Senator  Dyson corrected  that if  there  were two  separate                                                                    
cases and one  was plea bargained and  a conviction occurred                                                                    
in the second case the  records from both cases would remain                                                                    
on Court View.                                                                                                                  
                                                                                                                                
Co-Chair  Stoltze  asked  the Department  of  Law  (DOL)  to                                                                    
address the committee.                                                                                                          
                                                                                                                                
ANNE CARPENETI,  ASSISTANT ATTORNEY GENERAL,  LEGAL SERVICES                                                                    
SECTION-JUNEAU,  CRIMINAL   DIVISION,  DEPARTMENT   OF  LAW,                                                                    
agreed  with Senator  Dyson's explanation.  She stated  that                                                                    
the amendment would clarify that  if a case was dismissed in                                                                    
connection with  a plea agreement and  another separate case                                                                    
that both  would remain on  Court View and available  to the                                                                    
public.                                                                                                                         
                                                                                                                                
Representative  Wilson WITHDREW  her OBJECTION.  There being                                                                    
NO OBJECTION, replacement Amendment 1 was ADOPTED.                                                                              
                                                                                                                                
Representative   Costello   addressed   the   fiscal   notes                                                                    
including three previously published  zero fiscal notes from                                                                    
the  Department  of  Health and  Social  Services,  and  the                                                                    
Department  of  Administration.   One  previously  published                                                                    
fiscal  impact note  from the  Alaska Court  System totaling                                                                    
$25,500 in  FY 15, and  $3,500 in FY  16 through FY  20. The                                                                    
last  fiscal  note was  a  new  zero  impact note  from  the                                                                    
Department of Law.                                                                                                              
                                                                                                                                
Co-Chair  Stoltze relayed  that  the fiscal  notes had  been                                                                    
approved in the adoption  of the operating budget conference                                                                    
committee report.                                                                                                               
                                                                                                                                
Senator Dyson remarked that the  last time the bill had been                                                                    
heard by the  House Finance Committee he had  been told that                                                                    
the   House  Finance   Committee  CS   had  come   from  the                                                                    
administration. He  had since spoken  with the  governor who                                                                    
had assured him that was not the case.                                                                                          
                                                                                                                                
Representative  Holmes  believed  the sponsor's  intent  was                                                                    
good.  She  noted  that  her  concerns  had  been  discussed                                                                    
previously.                                                                                                                     
                                                                                                                                
Vice-Chair Neuman MOVED  to REPORT HCS CSSB  108(FIN) out of                                                                    
committee   with   individual    recommendations   and   the                                                                    
accompanying fiscal notes.                                                                                                      
                                                                                                                                
Representative Guttenberg OBJECTED.                                                                                             
                                                                                                                                
A roll call vote was taken on the motion.                                                                                       
                                                                                                                                
IN FAVOR: Munoz,   Neuman,   Thompson,   Wilson,   Costello,                                                                    
Edgmon, Gara, Austerman, Stoltze                                                                                                
OPPOSED: Holmes, Guttenberg                                                                                                     
                                                                                                                                
The MOTION PASSED (9/2).                                                                                                        
                                                                                                                                
There  being NO  further  OBJECTION, HCS  CSSB 108(FIN)  was                                                                    
REPORTED out of committee  with "no recommendation" and with                                                                    
three  previously published  zero fiscal  notes: FN2  (ADM),                                                                    
FN3  (ADM),  FN6  (DHS);  one  previously  published  fiscal                                                                    
impact note:  FN5 (CRT); and  one new zero fiscal  note from                                                                    
the Department of Law.                                                                                                          
                                                                                                                                
3:53:04 PM                                                                                                                    
RECESSED                                                                                                                        
                                                                                                                                
11:32:30 PM                                                                                                                   
RECONVENED