Bill Summary – FastDemocracy

State of Alaska
                                                            Fiscal Note
                                                                                               Bill Version:                  CSHB 246(JUD)
 2022 Legislative Session
                                                                                               Fiscal Note Number:            2
                                                                                               (H) Publish Date:              2/4/2022
 Identifier:       HB246-DPS-CJISP-01-14-22                                      Department:       Department of Public Safety
 Title:            ACCESS TO MARIJUANA CONVICTION                                Appropriation: Statewide Support
                   RECORDS                                                       Allocation:       Criminal Justice Information Systems Program
 Sponsor:          KREISS-TOMKINS                                                OMB Component Number:               3200
 Requester: (H) Judiciary
 Expenditures/Revenues
 Note: Amounts do not include inflation unless otherwise noted below.                                                               (Thousands of Dollars)
                                                 Included in
                                    FY2023       Governor's
                                Appropriation      FY2023                                             Out-Year Cost Estimates
                                  Requested       Request
 OPERATING EXPENDITURES               FY 2023        FY 2023       FY 2024                       FY 2025            FY 2026         FY 2027        FY 2028
 Personal Services                       101.5                        101.5
 Travel                                     4.0                         2.0
 Services                                 71.7                         15.7
 Commodities                                7.0                         2.0
 Capital Outlay
 Grants & Benefits
 Miscellaneous
 Total Operating                         184.2            0.0         121.2                            0.0              0.0              0.0             0.0
 Fund Source (Operating Only)
 1004 Gen Fund (UGF)                           184.2                             121.2
 Total                                         184.2              0.0            121.2                 0.0              0.0              0.0             0.0
 Positions
 Full-time                                        1.0                                 1.0
 Part-time
 Temporary
 Change in Revenues
 None
 Total                                            0.0             0.0                 0.0              0.0              0.0              0.0             0.0
 Estimated SUPPLEMENTAL (FY2022) cost:                                   0.0                (separate supplemental appropriation required)
 Estimated CAPITAL (FY2023) cost:                                        0.0                (separate capital appropriation required)
 Does the bill create or modify a new fund or account?       No
 (Supplemental/Capital/New Fund - discuss reasons and fund source(s) in analysis section)
 ASSOCIATED REGULATIONS
 Does the bill direct, or will the bill result in, regulation changes adopted by your agency?                  No
 If yes, by what date are the regulations to be adopted, amended or repealed?
 Why this fiscal note differs from previous version/comments:
 Not applicable, initial version.
 Prepared By:             Kelly Howell, Special Assistant to the Commissioner                                        Phone:       (907)917-9908
 Division:                Commissioner's Office                                                                      Date:        01/14/2022
 Approved By:             Elizabeth Dunyaski, Administrative Services Director                                       Date:        01/14/22
 Agency:                  Office of Management and Budget
Printed 2/2/2022                                                        Page 1 of 2                                                        Control Code: bABFU
                                                                                                         CSHB 246(JUD) - Fiscal Note 2
                                                  FISCAL NOTE ANALYSIS
STATE OF ALASKA                                                                   BILL NO. HB 246
2022 LEGISLATIVE SESSION
Analysis
   This bill amends AS 12.62.160 (release and use of criminal justice information; fees) by adding a new subsection to prohibit
   the release of criminal history record information of a person convicted under AS 11.71.060 (misconduct involving
   controlled substances in the sixth degree) or a municipal ordinance with similar elements if the person:
           Was convicted for possession of less than one ounce of marijuana;
           Was 21 years of age or older at the time the offense was committed;
           Was not convicted of any other criminal charges in that case; and
           Requests that the department not release the records.
   The Department of Public Safety (DPS) Criminal Justice Information Systems Program unit is responsible for operating and
   maintaining the state's central repository of criminal history record information and collecting, storing, and releasing
   criminal justice information as provided under AS 12.62.
   This analysis assumes that only criminal history records of convictions would be prohibited from release as specified in the
   bill. Records of arrests, charges, or dismissal of charges under AS 11.71.060 would not be prohibited.
   There are approximately 8,500 criminal history records in the state's criminal history repository for convictions under
   applicable variants of AS 11.71.060 or a municipal ordinance with similar elements. Should this bill pass, each of these
   criminal history records will need to be individually researched upon request of the defendant to determine whether the
   conviction under AS 11.71.060 meets the criteria in this bill.
   Because the number of defendant requests is unknown, DPS proposes hiring a Criminal Justice Specialist to dedicate to
   this effort for two years with temporary increment funding. This position would research all requests and update the
   criminal history repository to restrict the release of these records as outlined in the bill. The position would also
   proactively research records to expedite future requests as time permits. The annual personal services cost for a Criminal
   Justice Specialist is $101,541 plus initial setup costs for training, office equipment, and supplies.
   Additionally, programming changes to the criminal history repository will be needed to restrict the availability of a criminal
   history record. The criminal history repository is a legacy mainframe application that will require a programmer with a
   specialized skill set to modify the system. DPS estimates it will require 400 hours for a contractor to learn, code, and test
   the system changes to ensure the modifications meet the desired outcome. The commonly accepted rate for a contractor
   with this skill set is $140 per hour, for a total estimated cost of $56,000 for the first year only.
(Revised 11/23/2021 OMB/LFD)                                                                                        Page 2 of 2
HB246-DPS-CJISP-01-14-22                                       Page 2 of 2                                               Control Code: bABFU
Statutes affected: 
HB0246A, AM HB 246, introduced 01/07/2022: 12.62.160, 11.71.060
HB0246B, AM CSHB 246(JUD), introduced 02/04/2022: 12.62.160, 11.71.060
HB0246C, AM CSHB 246(FIN), introduced 04/04/2022: 11.71.060, 17.38.055, 12.62.160, 17.38.370, 17.38.030, 17.38.050, 04.16.049, 04.16.050, 22.35.040
HB0246D, AM SCS CSHB 246(JUD), introduced 05/03/2022: 12.62.160, 11.71.060