SB 207-ACCESS TO MARIJUANA CONVICTION RECORDS  1:34:53 PM CHAIR HOLLAND announced the consideration of SENATE BILL NO. 207 "An Act restricting the release of certain records of convictions; and providing for an effective date." [CSSB 207(STA) was before the committee.] 1:35:11 PM CHAIR HOLLAND opened public testimony on SB 207; finding none, he closed public testimony on SB 207. 1:35:41 PM SENATOR KIEHL said he raised questions at the last hearing, but since then, he had reviewed the statutes and spoke to advocates for the bill and is satisfied that the bill as written is in good shape. 1:36:44 PM SENATOR MYERS stated that the committee previously held discussions on background checks used by employers or landlords to check on job applicants or potential renters. He asked how this bill would affect background checks for those applying for legal guardianship or adoption. SENATOR SHOWER deferred to the Department of Law or the Department of Public Safety. 1:38:21 PM KELLY HOWELL, Special Assistant, Office of the Commissioner, Department of Public Safety, Anchorage, Alaska, responded that the background checks performed by the Department of Public Safety were for employment or criminal justice purposes. She deferred to Ms. Purinton to respond to background checks for foster care or adoption. 1:38:54 PM LISA PURINTON, Chief, Criminal Records and Identification Bureau, Division of Statewide Services, Department of Public Safety, Anchorage, Alaska, stated that a person would request a complete criminal history report for the purpose of adoption. Since that request was outside the scope of SB 207, any marijuana convictions would be displayed in the background check. 1:39:33 PM SENATOR HUGHES related her understanding that even if this bill passed, a person could walk in and obtain the complete background records, which is great for those in proximity to a courthouse. She asked whether a person seeking the complete background check could write, call, or email a request or if the person must physically go to a courthouse. 1:40:30 PM NANCY MEADE, General Counsel, Office of the Administrative Director, Alaska Court System, Anchorage, Alaska, stated that under the bill, people would not be able to view marijuana records on CourtView from their homes. However, a person could go to any of the state's 42 courthouses and view any unpublished case via kiosks. She pointed out that this information is not available by phone. SENATOR HUGHES asked whether that information was available if the person requested it by mail. MS. MEADE said she was uncertain. She offered her view that small courthouses would likely be able to respond; however, the Anchorage courthouse probably would not have the staff to respond due to its heavy workload. 1:42:07 PM SENATOR SHOWER asked if a person could send someone to the courthouse to check records at a kiosk on their behalf. MS. MEADE agreed they could. She stated that there are public kiosks in the court lobby for the public to access any unpublished cases. She characterized it as a more expanded view of the CourtView available at home. 1:42:52 PM SENATOR HUGHES expressed concern about equal access to information, especially for those with physical limitations. She asked whether Ms. Meade could research and report to the committee. MS. MEADE commented that this bill addresses two completely different things. Although CourtView is often used for background checks since the information is input by clerks for the court system's use, it is not audited. She acknowledged that many people, including landlords, employers, and others, use it because it provides good information. However, someone seeking to obtain a criminal background check should request it from the Department of Public Safety (DPS). She noted that DPS receives federal funding and communicates with the Federal Bureau of Investigation (FBI) so the report is broad; however, CourtView was not intended for that purpose. 1:45:01 PM SENATOR HUGHES asked Ms. Purinton whether a person or small business owner could call or send a letter to DPS requesting a thorough background check if they could not go to a kiosk. MS. PURINTON responded that criminal records are confidential and can only be released with a signed waiver by the individual authorizing the release of the information. She said if a person cannot come into any DPS location, they could use a DPS online release form. If the person wanted to share that information with their landlord or employer, they would sign the release. The department would mail it to the individual or any person designated to receive the information. SENATOR HUGHES asked her to clarify that the records would be accessible if the person released the information. Thus, a business owner or landlord could not obtain the records without first obtaining the person's permission. MS. PURINTON agreed that the individual would sign a form to authorize the court to release the information. 1:47:32 PM CHAIR HOLLAND held SB 207 in committee.