HB 246-ACCESS TO MARIJUANA CONVICTION RECORDS  [Contains discussion of SB 207.] 1:34:46 PM CHAIR HOLLAND announced the consideration of CS FOR HOUSE BILL NO. 246(FIN) "An Act restricting the release of certain records of convictions; relating to misconduct involving marijuana by persons 18, 19, or 20 years of age; amending Rule 17(h), Alaska Rules of Minor Offense Procedure; and providing for an effective date." CHAIR HOLLAND noted that this was the second hearing in this committee and there was a Senate committee substitute for the committee to consider. HB 246 is the companion to SB 207, which the committee previously heard. 1:35:18 PM SENATOR SHOWER moved to adopt the Senate committee substitute (SCS) for HB 246, work order 32-LS1300\W, as the working document. 1:35:27 PM CHAIR HOLLAND objected for discussion purposes. 1:35:39 PM ED KING, Staff, Senator Roger Holland, Alaska State Legislature, Juneau, Alaska, stated that Version W replaces the language in HB 246 with the language in SB 207. This leaves the bill with changes in Section 1 related to legislative intent and removes references to ages 18, 19, and 20 throughout the bill. 1:36:26 PM REPRESENTATIVE KREISS-TOMKINS, Alaska State Legislature, Juneau, Alaska, sponsor of HB 246, related his understanding that the Senate committee substitute, Version W, would reverse the changes made in the House Finance Committee. He stated that he was entirely on board with the changes. 1:36:43 PM CHAIR HOLLAND removed his objection; he heard no further objection, and Version W was adopted. 1:36:53 PM SENATOR SHOWER related his understanding that the intent was to provide relief for those charged with possessing marijuana before marijuana was legalized. He offered his view that the bill morphed into a bill related to future marijuana crimes. He noted that passing Version W would help people obtain jobs and housing and get them back into society by removing their marijuana convictions from CourtView. He said he did not support Version I. 1:37:44 PM CHAIR HOLLAND solicited amendments from members. 1:37:55 PM SENATOR HUGHES moved to adopt Amendment 1, work order 32- LS1300\W.1. 32-LS1300\W.1 Radford 5/2/22 AMENDMENT 1 OFFERED IN THE SENATE TO: SCS CSHB 246(JUD), Draft Version "W" Page 3, line 7, following "possession.": Insert "(a)" Page 3, following line 14: Insert a new subsection to read: "(b) The Alaska Court System shall post a general notice on its publicly available Internet website that (1) court records under (a) of this section have been removed from the publicly available Internet website; and (2) provides information on how to obtain a criminal history record that includes the information removed under (a) of this section." 1:38:01 PM CHAIR HOLLAND objected for discussion purposes. 1:38:10 PM SENATOR HUGHES explained Amendment 1 would ensure that the public realizes that CourtView does not provide a full report on individuals. She offered her view that larger businesses and employers understand this, but small business owners may not know that aspect and rely entirely on CourtView. She stated that the Alaska Court System must manage the system, so she was aware that legislative requests create a burden without any appropriation. However, this provides a public service not mandated in statute that Alaskans rely on, so the legislature should provide funding to manage it. She noted it might not matter whether someone had a marijuana conviction, but some jobs require squeaky clean employees. She acknowledged that CourtView has a disclaimer that it is not a complete record. Amendment 1 would require the court system to continue to disclose that statement or something similar. 1:42:25 PM SENATOR MYERS offered his view that in some ways Amendment 1 kills the point of the bill. He stated the goal of HB 246 was to help people try to move on. The person may have made a mistake years ago. He said as a truck driver, he is subject to random drug testing, so drug use is important in some professions. However, society as a whole tends not to view it as important. He offered his view that it seemed disingenuous to provide someone's record in CourtView but also indicate there's more to the record. 1:43:47 PM NANCY MEADE, General Counsel, Office of the Administrative Director, Alaska Court System, Anchorage, Alaska, stated that she discussed Amendment 1 with the sponsor because it does cause some concern for the court system, primarily because this is not necessary. As the sponsor mentioned, the court system already does these things. She noted that the court system has always had cases removed from CourtView. In 2015, the legislature required the court system to remove all criminal cases that resulted in dismissals or acquittals, and the court system did not object. Since then, the legislature has continued identifying different categories the court system cannot post to CourtView, including minor consuming cases. The court has a rule relating to cases the Alaska Supreme Court wants removed from CourtView, such as suspended imposition of sentence (SIS) cases when the person satisfactorily met the conditions. In 2015, the court system started a page of cases removed from the public index that allows someone to see the cases that are not listed. Although she is actively involved in consultation with the court's administrative office, she has not been responsible for initiating changes to CourtView. MS. MEADE referred to paragraph (2) on lines 10-11, which also provides a notice. When someone opens CourtView, the notice states, "A search of case records is not a criminal history records check of a person ...." It links to the Department of Public Safety so people can request a criminal history records check. She acknowledged that it causes some problems for the legislature to dictate at this level what the court must put on CourtView or its notices. She explained that it was qualitatively different from the legislature identifying categories of cases that the legislature does not want on CourtView. The court system can easily accomplish those requests, which have public policy implications. However, going deeper into what words the court system should post is problematic. She characterized it as similar to the court system telling the legislature that it must post the following six items on BASIS or that the Department of Commerce, Community and Economic Development (DCCED) must post something on its website. 1:47:17 PM SENATOR SHOWER asked, if she no longer served as the executive director, would the court system eliminate CourtView. MS. MEADE responded that she had no plans to leave; however, she did not have full control over the court system's website. She stated that she makes suggestions, and the administrative director and the Alaska Supreme Court decide what happens with CourtView and cases. She did not anticipate that CourtView would change if she were no longer the general counsel for the court system. 1:48:18 PM SENATOR HUGHES asked if she had posted the current information on the website. MS. MEADE explained that the legislature requested the court system remove categories of crimes from Court View. She acknowledged that she suggested the notice informing the public that CourtView does not constitute a criminal history after she held discussions with members. She said it seemed a good idea to provide that type of information to the public. She drafted it for the administrative director's review, held several discussions, revised the language several times, and the administrative director sent the notice language to the webmaster. 1:49:20 PM SENATOR HUGHES asked if Amendment 1 prescribes specific wording to be included on the court system's website. MS. MEADE responded that specific words aren't required, but Amendment 1 dictates that the court must actively do something to its general pages, and that is different than not listing certain cases. 1:50:16 PM SENATOR HUGHES stated that this would be like the judiciary branch instructing the legislature to do certain things. She offered her view that the courts sometimes instruct the legislature to do certain things. She indicated that Amendment 1 sets policy for public awareness. She suggested that when providing a public service that it relies on, there is a responsibility to be sure the public understands what information is being provided. She pointed out that Amendment 1 requires a general statement on the court system's home page, not on the individual's record. She indicated her support for CourtView and her desire to have it available to the next generation. 1:51:53 PM CHAIR HOLLAND asked whether the court system's website was mandated by statute. MS. MEADE answered no; the Alaska Court System's website is not mandated by statute. 1:52:07 PM CHAIR HOLLAND maintained his objection. A roll call vote was taken. Senators Shower, Hughes, and Kiehl voted in favor of Amendment 1 and Senators Myers and Holland voted against it. Therefore, Amendment 1 was adopted by a 3:2 vote. CHAIR HOLLAND stated that Amendment 1 was adopted on a vote of 3 yeas and 2 nays. CHAIR HOLLAND found no further amendments and he solicited the will of the committee. 1:53:05 PM SENATOR SHOWER moved to report the Senate committee substitute (SCS) for HB 246, work order 32-LS1300\W, as amended, from committee with individual recommendations and attached fiscal note(s). CHAIR HOLLAND found no objection, and SCS CSHB 246(JUD) was reported from the Senate Judiciary Standing Committee.