HB 143: "An Act relating to the privacy of firearm transactions; relating to discrimination against firearm retailers by financial institutions and payment networks; relating to the disclosure of financial records by financial institutions and payment networks; and amending Rules 65 and 82, Alaska Rules of Civil Procedure."
00 HOUSE BILL NO. 143 01 "An Act relating to the privacy of firearm transactions; relating to discrimination 02 against firearm retailers by financial institutions and payment networks; relating to the 03 disclosure of financial records by financial institutions and payment networks; and 04 amending Rules 65 and 82, Alaska Rules of Civil Procedure." 05 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 06 * Section 1. AS 06.90 is amended by adding a new section to read: 07 Sec. 06.90.020. Firearm transactions. (a) A financial institution, a payment 08 network, or an agent of a financial institution or payment network may not require a 09 firearm code to be used in a way that distinguishes a firearm retailer from a general 10 merchandise retailer or sporting goods retailer. 11 (b) A financial institution or payment network may not discriminate against a 12 firearm retailer by 13 (1) declining a lawful payment card transaction based solely on the 14 assignment or lack of assignment of a firearm code to a merchant or transaction;
01 (2) limiting or declining to do business with a customer, potential 02 customer, or merchant based on the assignment or lack of assignment of a firearm 03 code to a lawful transaction involving the customer, potential customer, or merchant; 04 (3) charging a higher transaction or interchange fee to a merchant or 05 for a lawful transaction based on the assignment or lack of assignment of a firearm 06 code to a transaction; or 07 (4) taking another action against a customer or merchant that is 08 intended to impede the customer's or merchant's engagement in lawful commerce 09 involving a firearm, a firearm accessory or component, or ammunition. 10 (c) Except as otherwise required by law, a financial institution or payment 11 network may not disclose a financial record that was collected in violation of this 12 section. 13 (d) If subjected to an alleged violation of AS 44.99.515 or this section, a 14 firearm retailer or a customer who transacts with a firearm retailer may petition the 15 attorney general to investigate the alleged violation. 16 (e) The attorney general may investigate alleged violations of AS 44.99.515 or 17 this section and, upon finding a violation, shall provide written notice of the violation 18 to the person. A person receiving notice under this subsection shall stop the violation 19 within 30 days after receiving the notice. Upon request, the attorney general may grant 20 a person an additional 120 days to stop the violation. 21 (f) If a person receiving notice under (e) of this section fails to stop the alleged 22 violation within the time provided under (e) of this section, the attorney general may 23 file an action to enjoin the person from continuing to violate AS 44.99.515 or this 24 section. If the attorney general does not file an action within 90 days after receiving a 25 petition under (d) of this section, the petitioner may file an action to enjoin the person 26 from continuing to violate AS 44.99.515 or this section. An action filed under this 27 section must be filed in a court of competent jurisdiction. 28 (g) A preliminary or permanent injunction issued under (f) of this section may 29 not take effect until 30 days after the date that the order granting the injunction is 30 issued. 31 (h) Knowingly violating an injunction under (f) of this section is punishable
01 by a fine of not more than $10,000 for each violation. In determining the amount of a 02 fine, the court shall consider the financial resources of the violator and the risk of 03 harm to the right to keep and bear arms under art. I, sec. 19, Constitution of the State 04 of Alaska, and the Second Amendment to the United States Constitution. 05 (i) If the attorney general or a petitioner prevails in an action under (f) of this 06 section, the court shall award the attorney general or petitioner full reasonable attorney 07 fees and any other remedy the court considers appropriate. 08 (j) In this section, 09 (1) "ammunition" means cartridge cases, primers, bullets, or propellant 10 powder designed for use in a firearm; 11 (2) "department" means the Department of Commerce, Community, 12 and Economic Development; 13 (3) "disclose" means the transfer, publication, or distribution to another 14 person of a record of a sale, purchase, return, or refund involving a payment card that 15 is retrieved, characterized, generated, labeled, sorted, or grouped based on the 16 assignment of a firearm code for any purpose other than to process or facilitate a 17 payment card transaction; 18 (4) "financial institution" means 19 (A) an institution subject to the regulation of the department 20 under this title or the Federal Deposit Insurance Corporation under federal law; 21 and 22 (B) an entity involved in facilitating or processing a payment 23 card transaction; 24 (5) "financial record" means 25 (A) a record or document held by a payment network 26 pertaining to a customer of a financial institution using the payment network; 27 (B) a record held by a payment network related to a payment 28 card transaction that the financial institution has processed or facilitated; and 29 (C) any information derived from a record or document 30 meeting the requirements of (A) or (B) of this paragraph; 31 (6) "firearm code" means a code or other indicator that a payment
01 network assigns to a merchant or payment card transaction that identifies whether the 02 merchant is a firearm retailer or the payment card transaction involves the purchase of 03 a firearm, a firearm accessory or component, or ammunition; 04 (7) "firearm retailer" means a person lawfully engaging in the state in 05 the business of selling or trading firearms or ammunition to be used in firearms; 06 (8) "knowingly" has the meaning given in AS 11.81.900(a); 07 (9) "payment card" means a credit, charge, debit, or other card issued 08 to an authorized card user that allows the user to purchase goods or services; 09 (10) "payment network" means a credit card association, electronic 10 funds transfer network, or other debit or credit network through which funds can be 11 transferred and that issues or sponsors a financial transaction device. 12 * Sec. 2. AS 44.99 is amended by adding a new section to read: 13 Sec. 44.99.515. Firearm list prohibition. (a) Except for records kept during 14 the regular course of a criminal investigation and prosecution, or as otherwise required 15 by law, the state, a political subdivision of the state, or a person may not knowingly 16 keep or cause to be kept a list, record, or registry of privately owned firearms or 17 owners of privately owned firearms. This subsection does not apply to an owner of a 18 privately owned firearm who keeps or causes to be kept a list, record, or registry of the 19 owner's own firearms. 20 (b) A violation of this section is governed by AS 06.90.020(d) - (i). 21 (c) In this section, "knowingly" has the meaning given in AS 11.81.900(a). 22 * Sec. 3. The uncodified law of the State of Alaska is amended by adding a new section to 23 read: 24 INDIRECT COURT RULE AMENDMENTS. (a) AS 06.90.020(g), enacted by sec. 1 25 of this Act, has the effect of changing Rule 65, Alaska Rules of Civil Procedure, by 26 prohibiting preliminary and permanent injunctions issued under AS 06.90.020(f), enacted by 27 sec. 1 of this Act, from taking effect until 30 days after the date the injunction is ordered by 28 the court. 29 (b) AS 06.90.020(i), enacted by sec. 1 of this Act, has the effect of changing Rule 82, 30 Alaska Rules of Civil Procedure, by requiring full reasonable attorney fees to be awarded to 31 the attorney general or a petitioner if the attorney general or petitioner prevails in an action
01 under AS 06.90.020(f), enacted by sec. 1 of this Act. 02 * Sec. 4. The uncodified law of the State of Alaska is amended by adding a new section to 03 read: 04 CONDITIONAL EFFECT. (a) AS 06.90.020(g), enacted by sec. 1 of this Act, takes 05 effect only if sec. 3(a) of this Act receives the two-thirds majority vote of each house required 06 by art. IV, sec. 15, Constitution of the State of Alaska. 07 (b) AS 06.90.020(i), enacted by sec. 1 of this Act, takes effect only if sec. 3(b) of this 08 Act receives the two-thirds majority vote of each house required by art. IV, sec. 15, 09 Constitution of the State of Alaska.