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.                                                                                 
| Document Name | Date/Time | Subjects | 
|---|