04/09/2012 01:30 PM Senate JUDICIARY
| Audio | Topic |
|---|---|
| Start | |
| HB229 | |
| HB274 | |
| HB224 | |
| HB55 | |
| Adjourn |
+ teleconferenced
= bill was previously heard/scheduled
| = | HB 229 | ||
| = | HB 274 | ||
| + | HB 224 | TELECONFERENCED | |
| + | HB 55 | TELECONFERENCED | |
| + | TELECONFERENCED |
ALASKA STATE LEGISLATURE
SENATE JUDICIARY STANDING COMMITTEE
April 9, 2012
1:33 p.m.
MEMBERS PRESENT
Senator Hollis French, Chair
Senator Bill Wielechowski, Vice Chair
Senator Joe Paskvan
Senator John Coghill
MEMBERS ABSENT
Senator Lesil McGuire
COMMITTEE CALENDAR
COMMITTEE SUBSTITUTE FOR HOUSE BILL NO. 229(JUD)
"An Act relating to the duties of the Big Game Commercial
Services Board; relating to activities, including violations and
penalties, under the supervision of the Big Game Commercial
Services Board; creating a retired status license for certain
retired guides and outfitters; and providing for an effective
date."
- MOVED CSHB 229(JUD) OUT OF COMMITTEE
HOUSE BILL NO. 274
"An Act relating to the exemption of certain acts and
transactions from the provisions dealing with unfair methods of
competition and unfair or deceptive acts or practices."
- MOVED HB 274 OUT OF COMMITTEE
COMMITTEE SUBSTITUTE FOR HOUSE BILL NO. 224(FIN) AM
"An Act prohibiting the sale or gift of a product containing
nicotine to a minor under certain conditions."
- HEARD & HELD
COMMITTEE SUBSTITUTE FOR HOUSE BILL NO. 55(JUD)
"An Act adding definitions of 'gravity knife' and 'switchblade'
to the criminal law; and relating to reserving the authority to
regulate knives to the state with limited exceptions for
municipalities to regulate knives."
- HEARD & HELD
PREVIOUS COMMITTEE ACTION
BILL: HB 229
SHORT TITLE: BIG GAME COMMERCIAL SERVICES BOARD
SPONSOR(s): REPRESENTATIVE(s) FEIGE
04/06/11 (H) READ THE FIRST TIME - REFERRALS
04/06/11 (H) RES, JUD
04/08/11 (H) RES AT 1:00 PM BARNES 124
04/08/11 (H) Heard & Held
04/08/11 (H) MINUTE(RES)
02/15/12 (H) RES AT 1:00 PM BARNES 124
02/15/12 (H) Heard & Held
02/15/12 (H) MINUTE(RES)
02/17/12 (H) RES AT 1:00 PM BARNES 124
02/17/12 (H) Moved CSHB 229(RES) Out of Committee
02/17/12 (H) MINUTE(RES)
02/20/12 (H) RES RPT CS(RES) NT 6DP 2NR 1AM
02/20/12 (H) DP: MUNOZ, FOSTER, DICK, P.WILSON,
SEATON, FEIGE
02/20/12 (H) NR: GARDNER, HERRON
02/20/12 (H) AM: KAWASAKI
03/02/12 (H) JUD AT 1:00 PM CAPITOL 120
03/02/12 (H) Moved CSHB 229(JUD) Out of Committee
03/02/12 (H) MINUTE(JUD)
03/05/12 (H) JUD RPT CS(JUD) NT 7DP
03/05/12 (H) DP: LYNN, GRUENBERG, KELLER, HAWKER,
HOLMES, PRUITT, THOMPSON
03/12/12 (H) TRANSMITTED TO (S)
03/12/12 (H) VERSION: CSHB 229(JUD)
03/14/12 (S) READ THE FIRST TIME - REFERRALS
03/14/12 (S) JUD
04/06/12 (S) JUD AT 1:30 PM BELTZ 105 (TSBldg)
04/06/12 (S) Heard & Held
04/06/12 (S) MINUTE(JUD)
04/09/12 (S) JUD AT 1:30 PM BELTZ 105 (TSBldg)
BILL: HB 274
SHORT TITLE: UNFAIR TRADE PRACTICES
SPONSOR(s): REPRESENTATIVE(s) HOLMES, OLSON
01/17/12 (H) PREFILE RELEASED 1/13/12
01/17/12 (H) READ THE FIRST TIME - REFERRALS
01/17/12 (H) L&C
02/13/12 (H) L&C AT 3:15 PM CAPITOL 106
02/13/12 (H) Moved Out of Committee
02/13/12 (H) MINUTE(L&C)
02/15/12 (H) L&C RPT 4DP 1NR
02/15/12 (H) DP: MILLER, HOLMES, THOMPSON, OLSON
02/15/12 (H) NR: JOHNSON
02/17/12 (H) TRANSMITTED TO (S)
02/17/12 (H) VERSION: HB 274
02/21/12 (S) READ THE FIRST TIME - REFERRALS
02/21/12 (S) JUD
04/06/12 (S) JUD AT 1:30 PM BELTZ 105 (TSBldg)
04/06/12 (S) Heard & Held
04/06/12 (S) MINUTE(JUD)
04/09/12 (S) JUD AT 1:30 PM BELTZ 105 (TSBldg)
BILL: HB 224
SHORT TITLE: SALES OF NICOTINE PRODUCTS TO MINOR
SPONSOR(s): REPRESENTATIVE(s) SEATON
04/04/11 (H) READ THE FIRST TIME - REFERRALS
04/04/11 (H) JUD, FIN
04/11/11 (H) JUD AT 1:00 PM CAPITOL 120
04/11/11 (H) Scheduled But Not Heard
04/13/11 (H) JUD AT 1:00 PM CAPITOL 120
04/13/11 (H) Moved CSHB 224(JUD) Out of Committee
04/13/11 (H) MINUTE(JUD)
04/14/11 (H) JUD RPT CS(JUD) NT 4DP 3NR
04/14/11 (H) DP: HOLMES, THOMPSON, LYNN, GATTO
04/14/11 (H) NR: PRUITT, KELLER, GRUENBERG
02/23/12 (H) FIN AT 1:30 PM HOUSE FINANCE 519
02/23/12 (H) Scheduled But Not Heard
02/27/12 (H) FIN AT 1:30 PM HOUSE FINANCE 519
02/27/12 (H) Moved CSHB 224(FIN) Out of Committee
02/27/12 (H) MINUTE(FIN)
02/29/12 (H) FIN RPT CS(FIN) NT 9DP 1AM
02/29/12 (H) DP: FAIRCLOUGH, T.WILSON, GUTTENBERG,
COSTELLO, EDGMON, DOOGAN, JOULE,
STOLTZE,
02/29/12 (H) THOMAS
02/29/12 (H) AM: GARA
03/12/12 (H) TRANSMITTED TO (S)
03/12/12 (H) VERSION: CSHB 224(FIN) AM
03/14/12 (S) READ THE FIRST TIME - REFERRALS
03/14/12 (S) HSS, JUD
03/28/12 (S) HSS AT 1:30 PM BUTROVICH 205
03/28/12 (S) Moved CSHB 224(FIN) am Out of Committee
03/28/12 (S) MINUTE(HSS)
03/30/12 (S) HSS RPT 4DP
03/30/12 (S) DP: DAVIS, MEYER, EGAN, DYSON
04/09/12 (S) JUD AT 1:30 PM BELTZ 105 (TSBldg)
BILL: HB 55
SHORT TITLE: KNIVES, GRAVITY KNIFE & SWITCHBLADE
SPONSOR(s): REPRESENTATIVE(s) NEUMAN, LYNN
01/18/11 (H) PREFILE RELEASED 1/7/11
01/18/11 (H) READ THE FIRST TIME - REFERRALS
01/18/11 (H) JUD
02/15/12 (H) JUD AT 1:00 PM CAPITOL 120
02/15/12 (H) Moved CSHB 55(JUD) Out of Committee
02/15/12 (H) MINUTE(JUD)
02/17/12 (H) JUD RPT CS(JUD) NT 6DP
02/17/12 (H) DP: LYNN, GRUENBERG, KELLER, THOMPSON,
HOLMES, GATTO
03/05/12 (H) TRANSMITTED TO (S)
03/05/12 (H) VERSION: CSHB 55(JUD)
03/06/12 (S) READ THE FIRST TIME - REFERRALS
03/06/12 (S) JUD
04/09/12 (S) JUD AT 1:30 PM BELTZ 105 (TSBldg)
WITNESS REGISTER
DIANE CASTO, Prevention Manager
Division of Behavioral Health
Department of Health and Social Services (DHSS)
Juneau, AK
POSITION STATEMENT: Provided information related to HB 224.
EMILY NENON, Alaska Government Relations Director
American Cancer Society (ACS), Cancer Action Network (CAN)
Anchorage, AK
POSITION STATEMENT: Testified in support of HB 224.
REPRESENTATIVE MARK NEUMAN
Alaska State Legislature
Juneau, AK
POSITION STATEMENT: Sponsor of HB 55.
REX SHATTUCK, staff
Representative Mark Neuman
Alaska State Legislature
Juneau, AK
POSITION STATEMENT: Provided information on HB 55 on behalf of
the sponsor.
C.J. BUCK
Buck Knives and
Legislative Chair
American Knife and Tool Institute
Post Falls, ID
POSITION STATEMENT: Testified in support of HB 55.
RAY THIBAULT, Northern Knives
Anchorage, AK
POSITION STATEMENT: Testified in support of HB 55.
ACTION NARRATIVE
1:33:02 PM
CHAIR HOLLIS FRENCH called the Senate Judiciary Standing
Committee meeting to order at 1:33 p.m. Present at the call to
order were Senators Paskvan, Coghill, Wielechowski, and Chair
French.
HB 229-BIG GAME COMMERCIAL SERVICES BOARD
1:33:31 PM
CHAIR FRENCH announced the consideration of HB 229, "An Act
relating to activities, including violations and penalties,
under the supervision of the Big Game Commercial Services
Board." The bill was heard previously and public testimony was
taken. Finding no further questions or comments, he asked for a
motion.
1:33:58 PM
SENATOR WIELECHOWSKI moved to report CS for HB 229, version E,
from committee with individual recommendations and attached
fiscal note(s).
CHAIR FRENCH announced that without objection CSHB 229(JUD)
moved from the Senate Judiciary Standing Committee.
HB 274-UNFAIR TRADE PRACTICES
1:34:20 PM
CHAIR FRENCH announced the consideration of HB 274, "An Act
relating to the exemption of certain acts and transactions from
the provisions dealing with unfair methods of competition and
unfair or deceptive acts or practices." The bill was heard
previously and public testimony was taken. Finding no further
questions or comments, he asked for a motion.
1:34:39 PM
SENATOR WIELECHOWSKI moved to report HB 274, version B, from
committee with individual recommendations and attached fiscal
note(s).
CHAIR FRENCH announced that HB 274 moved from the Senate
Judiciary Standing Committee.
1:34:50 PM
At ease.
HB 224-SALES OF NICOTINE PRODUCTS TO MINOR
1:36:15 PM
CHAIR FRENCH announced the consideration of HB 224, "An Act
prohibiting the sale or gift of a product containing nicotine to
a minor under certain conditions."
1:36:29 PM
REPRESENTATIVE PAUL SEATON, sponsor of HB 224, stated that this
legislation addresses the issue that state law does not prevent
companies from selling or giving products that contain nicotine
to minors. He reported that tobacco companies are test marketing
nicotine-laced products like water, candy lozenges, toothpicks,
and hand wipes in four states. The bill is an effort to keep
these products from appearing on retail shelves across Alaska,
because they are designed to get kids addicted to nicotine so
they will switch to tobacco products. The bill does not preclude
a medical professional from prescribing nicotine, and it does
not prevent a parent or guardian from providing nicotine to
their children. He concluded that these products should not be
allowed to circulate in Alaskan communities.
He said most venders can verify age by scanning IDs and DHSS has
indicated it should not be a problem to incorporate this into
their current education program. In addition, it is a complaint-
driven process so the penalty for an infraction would be much
like a speeding ticket.
1:39:53 PM
CHAIR FRENCH asked him to confirm that the products he showed
the committee are not currently sold in Alaska.
REPRESENTATIVE SEATON said that is correct; the samples came
from Oregon, one of the test market states, but nothing prevents
their sale in Alaska. Responding to further questions, he
explained that both synthetic and tobacco-derived nicotine are
addictive, but the U.S. Food and Drug Administration (USFDA) can
only regulate use in tobacco products.
1:41:28 PM
CHAIR FRENCH asked for an explanation of Sec. 11.76.109(a)(2) on
page 1, lines 10-11.
REPRESENTATIVE SEATON explained that subsection (a) prohibits
the sale or gift of a product containing nicotine to a minor.
Paragraph (1) specifically addresses the sale of a product
containing nicotine to a person under age 19, and paragraph (2)
specifically addresses gifting a product containing nicotine to
a person under age 19.
CHAIR FRENCH reviewed the exceptions in subsection (b) and
questioned linking paragraphs (1), (2), and (3) with "and."
Doing so would keep a parent from giving a nicotine-containing
product to their child unless it was USFDA approved for tobacco
cessation.
REPRESENTATIVE SEATON responded that the intent is that a parent
can give their child a tobacco cessation device, or a pharmacist
can prescribe and delivered it.
CHAIR FRENCH asked if he was trying to outlaw a parent giving
their child the nicotine-laced water but allow giving Nicorette
gum.
REPRESENTATIVE SEATON reiterated the intent.
CHAIR FRENCH said he was trying to make sure that everyone was
reading the bill the way he was reading it. He reviewed
subsections (c), (d), and (e) and had no further questions.
1:45:19 PM
SENATOR COGHILL asked if there is a safe level of nicotine.
REPRESENTATIVE SEATON replied all of the medical professionals
consulted indicated there is no constructive use for nicotine.
He noted that the Department of Health and Social Services
(DHSS) may have something to add.
SENATOR COGHILL wondered if an energy drink might contain a safe
level of nicotine.
1:46:32 PM
MARY JANE SHOWS, staff to Representative Paul Seaton, said her
research indicated that the only products that have nicotine
added are the ones the sponsor mentioned.
SENATOR COGHILL asked how a hand wipe might cause a nicotine
addiction.
REPRESENTATIVE SEATON explained that nicotine enters the
bloodstream through the pores of the skin.
1:47:46 PM
SENATOR WIELECHOWSKI offered the committee information about
nicotine that he gleaned from Wikipedia.
SENATOR PASKVAN asked if tobacco company subsidiaries
manufacture these products.
REPRESENTATIVE SEATON said that was his understanding.
CHAIR FRENCH asked Ms. Casto when she first became aware of
these nicotine-laced products.
DIANE CASTO, Prevention Manager, Division of Behavioral Health,
Department of Health and Social Services (DHSS), said
information about recreational nicotine products has cropped up
in the course of her job for the last several years. She offered
her personal opinion that tobacco companies are looking for
additional ways to market their product as cigarette usage
drops.
CHAIR FRENCH asked where nicotine gum falls in the spectrum.
MS. CASTO explained that gum and nicotine patches are primarily
used as tobacco cessation products.
CHAIR FRENCH reviewed the exception in paragraph (1) and
observed that the gum has been approved by the USFDA. He
reviewed the exception in paragraph (2) and asked if "approved
purposes" means tobacco cessation.
MS. CASTO said yes. She relayed that the USFDA recognizes the
potentially large market for these new recreational nicotine
products, and is committed to finding a way to appropriately
monitor and regulate the usage.
CHAIR FRENCH asked if she was aware of trace amounts of nicotine
in the marketplace.
MS. CASTO replied she couldn't say with certainty but, in
general, nicotine is not being put into products right now.
1:53:16 PM
EMILY NENON, Alaska Government Relations Director, American
Cancer Society (ACS), Cancer Action Network (CAN), stated
support of HB 224. It will close a loophole in the statutes and
will help protect kids from some of the new and dangerous
products coming on the market. Every month she hears about new
and creative ways the tobacco industry has developed to deliver
nicotine. She warned the committee to remain vigilant against
predatory products and practices that entice kids into deadly
addictions.
1:54:39 PM
CHAIR FRENCH asked if the $300 fine provided in the bill was the
same as the fine for selling cigarettes to a minor.
MS. NENON deferred the question to Ms. Casto.
MS. CASTO explained that a certification is required in order to
sell tobacco and when there is a violation of selling to an
underage person there are two potential actions. One is to fine
the clerk that sold the tobacco $300 on a first offense, and
incrementally higher on subsequent offenses. The second option
is to penalize the owner of the establishment by suspending
tobacco sales for up to 20 days on a first offense, although it
can be mitigated down to a minimum of 10 days. Again, the number
of days that tobaccos sales are suspended increases with each
subsequent offense.
CHAIR FRENCH observed that the bill takes a different scheme
since there is no license to suspend; it will essentially be a
fine against the vender.
MS. CASTO said that was her understanding. She added that part
of the DHSS tobacco enforcement program is to train and educate
sellers of tobacco products about new and changing laws. If
these new products enter Alaska, it would not be difficult to
incorporate them into the program.
CHAIR FRENCH asked if this bill might prevent those products
from entering the Alaska market entirely.
MS. CASTO replied that was her hope. She opined that limiting
the ability to sell the products to minors would certainly
reduce the draw.
CHAIR FRENCH commented that it's a good reminder that the
products could still be sold to adults.
SENATOR PASKVAN asked if nicotine-laced water is flavored.
MS. CASTO surmised that would be the case.
2:00:45 PM
CHAIR FRENCH noted the press relief from the Harvard School of
Public Health that talked about dissolvable nicotine that can
lead to accidental poisoning in infants and youths. He asked if
she had reviewed any of that material.
MS. CASTO said she had not done any in-depth research but it is
an addictive substance and little bodies would be particularly
vulnerable.
2:01:39 PM
CHAIR FRENCH closed public testimony and held HB 224 in
committee.
REPRESENTATIVE SEATON noted the added provision that subjects an
employer to a $300 fine for failure to advise their employees of
this prohibition.
HB 55-KNIVES, GRAVITY KNIFE & SWITCHBLADE
2:03:01 PM
CHAIR FRENCH announced the consideration of HB 55. "An Act
adding definitions of 'gravity knife' and 'switchblade' to the
criminal law; and relating to reserving the authority to
regulate knives to the state with limited exceptions for
municipalities to regulate knives."
2:03:26 PM
REPRESENTATIVE MARK NEUMAN, sponsor of HB 55, said the bill
clarifies that hunting, fishing, and utility knives that are
easy-open or one-hand-opening do not qualify as a switchblade,
and are legal to own. He reported that 80 percent of knives sold
today have a one-hand-opening option, generally a small button
on the side. Other knives have a spring-loaded assist on the
blade. He distributed samples to the committee and explained
that 82 percent of knives sold have a biased-close mechanism.
CHAIR FRENCH directed attention to page 1, line 8, and asked if
a "detent" helps keep a knife closed.
2:05:33 PM
REX SHATTUCK, staff to Representative Mark Neuman, demonstrated
the features on several commonly used knifes including the knife
that has raised concerns in many jurisdictions. He showed the
peg on the side of the blade or an additional detent on the back
that helps in opening, what the knife looks like in the prone
position, and how to overcome the bias closure so the blade can
open fully. Responding to a question from the Chair, he
confirmed that the bill differentiates between this type of
knife and a switchblade. He mentioned the names of recognized
manufacturers.
MR. SHATTUCK displayed a switchblade and demonstrated its
operation.
2:07:46 PM
CHAIR FRENCH asked how the bill treats that knife.
MR. SHATTUCK discussed the definition of "switchblade" under the
Switchblade Knife Act of 1958 and the Alaska court cases State
v. Strange and State v. Weaver that struggled with the
definitions. The problem is that many of the knives commonly
used for fishing, hunting, and utility purposes arguably fall
under the definition of "gravity knife" or "switchblade."
He explained that HB 55 will clarify in statute that the
definitions of "gravity knife" and "switchblade" do not include
["a knife that has a spring, detent, or other mechanism designed
to create a bias toward closure that requires exertion applied
to the blade by hand, wrist, or arm to overcome the bias toward
closure and open the blade."]
REPRESENTATIVE NEUMAN said he did not want Alaskan sportsmen to
run afoul of the law by carrying what is a common hunting,
fishing, or utility knife.
MR. SHATTUCK added that the concerns the courts have had relate
to the ability to conceal the blade and the ability to deliver
the blade quickly. He surmised that the gravity knife caused
concern because of quick delivery.
REPRESENTATIVE NEUMAN reiterated his intention to protect
sportsmen and people that carry a utility or pocketknife.
2:11:57 PM
SENATOR PASKVAN asked if people had been accused of carrying
either a gravity knife or switchblade when they were carrying a
Kershaw, for example.
MR. SHATTUCK said the two Alaska court cases that struggled with
the definitions for switchblade and gravity knife relied heavily
on a dictionary. Part of the struggle was whether fast opening
makes the knife a switchblade. The difference is that a
switchblade is quick to both deploy and retract for easy
concealment.
SENATOR PASKVAN asked if knives have features or operations that
did not previously exist.
MR. SHATTUCK confirmed that the market has responded to
different demands and uses and the definitions have not kept up.
REPRESENTATIVE NEUMAN added that the industry has concerns about
the ability to market knives and not be confused with a
switchblade.
2:15:12 PM
C.J. BUCK, Buck Knives, and Legislative Chair, American Knife
and Tool Institute, Post Falls, ID, testified in support of HB
55. He said an element of one-handed knives is the utility it
provides to the user. However, if enough centrifugal force is
applied just about any knife on the market can flick open by a
general definition of gravity. This language in the bill
provides a more objective definition of the mechanical elements
that is less open to subjective interpretation.
Referring to an earlier question, he explained that a detent is
like a knob that fits into a depression in the blade. As the
knife closes, that knob fits into the hole and pulls the blade
closed completely. It serves two purposes; the knife has to be
actively opened, and it is a safety feature.
2:18:20 PM
RAY THIBAULT, Northern Knives, Anchorage, AK, testified in
support of HB 55. He stated agreement with Mr. Buck's testimony
and the language in the bill.
CHAIR FRENCH asked if he sells knives for a living.
MR. THIBAULT said yes.
CHAIR FRENCH asked if the bill would interfere with his
business.
MR. THIBAULT said no; in would be helpful.
SENATOR PASKVAN asked if a license or permit is required to
carry a switchblade.
MR. THIBAULT said only law enforcement and active duty military
can carry switchblades.
SENATOR PASKVAN asked if active duty military can carry a
switchblade when they are not on duty.
MR. THIBAULT said his understanding is that it is under the
aegis of the base commander.
REPRESENTATIVE NEUMAN reiterated that the bill clarifies
language and will help sportsmen.
2:21:50 PM
CHAIR FRENCH announced he would hold HB 55 in committee.
2:21:53 PM
There being no further business to come before the committee,
CHAIR FRENCH adjourned the meeting at 2:21 p.m.
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