Alaska 2025-2026 Regular Session

Alaska House Bill HB143 Compare Versions

Only one version of the bill is available at this time.

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2	2	HB0143a -1- HB 143
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11	11	HOUSE BILL NO. 143
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13	13	IN THE LEGISLATURE OF THE STATE OF ALASKA
14	14
15	15	THIRTY-FOURTH LEGISLATURE - FIRST SESSION
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17	17	BY REPRESENTATIVES TILTON , Rauscher, Vance, McCabe
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19	19	Introduced: 3/21/25
20	20	Referred: State Affairs, Judiciary
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22	22
23	23	A BILL
24	24
25	25	FOR AN ACT ENTITLED
26	26
27	27	"An Act relating to the privacy of firearm transactions; relating to discrimination 1
28	28	against firearm retailers by financial institutions and payment networks; relating to the 2
29	29	disclosure of financial records by financial institutions and payment networks; and 3
30	30	amending Rules 65 and 82, Alaska Rules of Civil Procedure." 4
31	31	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 5
32	32	* Section 1. AS 06.90 is amended by adding a new section to read: 6
33	33	Sec. 06.90.020. Firearm transactions. (a) A financial institution, a payment 7
34	34	network, or an agent of a financial institution or payment network may not require a 8
35	35	firearm code to be used in a way that distinguishes a firearm retailer from a general 9
36	36	merchandise retailer or sporting goods retailer. 10
37	37	(b) A financial institution or payment network may not discriminate against a 11
38	38	firearm retailer by 12
39	39	(1) declining a lawful payment card transaction based solely on the 13
40	40	assignment or lack of assignment of a firearm code to a merchant or transaction; 14 34-LS0524\A
41	41	HB 143 -2- HB0143a
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44	44	(2) limiting or declining to do business with a customer, potential 1
45	45	customer, or merchant based on the assignment or lack of assignment of a firearm 2
46	46	code to a lawful transaction involving the customer, potential customer, or merchant; 3
47	47	(3) charging a higher transaction or interchange fee to a merchant or 4
48	48	for a lawful transaction based on the assignment or lack of assignment of a firearm 5
49	49	code to a transaction; or 6
50	50	(4) taking another action against a customer or merchant that is 7
51	51	intended to impede the customer's or merchant's engagement in lawful commerce 8
52	52	involving a firearm, a firearm accessory or component, or ammunition. 9
53	53	(c) Except as otherwise required by law, a financial institution or payment 10
54	54	network may not disclose a financial record that was collected in violation of this 11
55	55	section. 12
56	56	(d) If subjected to an alleged violation of AS 44.99.515 or this section, a 13
57	57	firearm retailer or a customer who transacts with a firearm retailer may petition the 14
58	58	attorney general to investigate the alleged violation. 15
59	59	(e) The attorney general may investigate alleged violations of AS 44.99.515 or 16
60	60	this section and, upon finding a violation, shall provide written notice of the violation 17
61	61	to the person. A person receiving notice under this subsection shall stop the violation 18
62	62	within 30 days after receiving the notice. Upon request, the attorney general may grant 19
63	63	a person an additional 120 days to stop the violation. 20
64	64	(f) If a person receiving notice under (e) of this section fails to stop the alleged 21
65	65	violation within the time provided under (e) of this section, the attorney general may 22
66	66	file an action to enjoin the person from continuing to violate AS 44.99.515 or this 23
67	67	section. If the attorney general does not file an action within 90 days after receiving a 24
68	68	petition under (d) of this section, the petitioner may file an action to enjoin the person 25
69	69	from continuing to violate AS 44.99.515 or this section. An action filed under this 26
70	70	section must be filed in a court of competent jurisdiction. 27
71	71	(g) A preliminary or permanent injunction issued under (f) of this section may 28
72	72	not take effect until 30 days after the date that the order granting the injunction is 29
73	73	issued. 30
74	74	(h) Knowingly violating an injunction under (f) of this section is punishable 31 34-LS0524\A
75	75	HB0143a -3- HB 143
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78	78	by a fine of not more than $10,000 for each violation. In determining the amount of a 1
79	79	fine, the court shall consider the financial resources of the violator and the risk of 2
80	80	harm to the right to keep and bear arms under art. I, sec. 19, Constitution of the State 3
81	81	of Alaska, and the Second Amendment to the United States Constitution. 4
82	82	(i) If the attorney general or a petitioner prevails in an action under (f) of this 5
83	83	section, the court shall award the attorney general or petitioner full reasonable attorney 6
84	84	fees and any other remedy the court considers appropriate. 7
85	85	(j) In this section, 8
86	86	(1) "ammunition" means cartridge cases, primers, bullets, or propellant 9
87	87	powder designed for use in a firearm; 10
88	88	(2) "department" means the Department of Commerce, Community, 11
89	89	and Economic Development; 12
90	90	(3) "disclose" means the transfer, publication, or distribution to another 13
91	91	person of a record of a sale, purchase, return, or refund involving a payment card that 14
92	92	is retrieved, characterized, generated, labeled, sorted, or grouped based on the 15
93	93	assignment of a firearm code for any purpose other than to process or facilitate a 16
94	94	payment card transaction; 17
95	95	(4) "financial institution" means 18
96	96	(A) an institution subject to the regulation of the department 19
97	97	under this title or the Federal Deposit Insurance Corporation under federal law; 20
98	98	and 21
99	99	(B) an entity involved in facilitating or processing a payment 22
100	100	card transaction; 23
101	101	(5) "financial record" means 24
102	102	(A) a record or document held by a payment network 25
103	103	pertaining to a customer of a financial institution using the payment network; 26
104	104	(B) a record held by a payment network related to a payment 27
105	105	card transaction that the financial institution has processed or facilitated; and 28
106	106	(C) any information derived from a record or document 29
107	107	meeting the requirements of (A) or (B) of this paragraph; 30
108	108	(6) "firearm code" means a code or other indicator that a payment 31 34-LS0524\A
109	109	HB 143 -4- HB0143a
110	110	New Text Underlined [DELETED TEXT BRACKETED]
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112	112	network assigns to a merchant or payment card transaction that identifies whether the 1
113	113	merchant is a firearm retailer or the payment card transaction involves the purchase of 2
114	114	a firearm, a firearm accessory or component, or ammunition; 3
115	115	(7) "firearm retailer" means a person lawfully engaging in the state in 4
116	116	the business of selling or trading firearms or ammunition to be used in firearms; 5
117	117	(8) "knowingly" has the meaning given in AS 11.81.900(a); 6
118	118	(9) "payment card" means a credit, charge, debit, or other card issued 7
119	119	to an authorized card user that allows the user to purchase goods or services; 8
120	120	(10) "payment network" means a credit card association, electronic 9
121	121	funds transfer network, or other debit or credit network through which funds can be 10
122	122	transferred and that issues or sponsors a financial transaction device. 11
123	123	* Sec. 2. AS 44.99 is amended by adding a new section to read: 12
124	124	Sec. 44.99.515. Firearm list prohibition. (a) Except for records kept during 13
125	125	the regular course of a criminal investigation and prosecution, or as otherwise required 14
126	126	by law, the state, a political subdivision of the state, or a person may not knowingly 15
127	127	keep or cause to be kept a list, record, or registry of privately owned firearms or 16
128	128	owners of privately owned firearms. This subsection does not apply to an owner of a 17
129	129	privately owned firearm who keeps or causes to be kept a list, record, or registry of the 18
130	130	owner's own firearms. 19
131	131	(b) A violation of this section is governed by AS 06.90.020(d) - (i). 20
132	132	(c) In this section, "knowingly" has the meaning given in AS 11.81.900(a). 21
133	133	* Sec. 3. The uncodified law of the State of Alaska is amended by adding a new section to 22
134	134	read: 23
135	135	INDIRECT COURT RULE AMENDMENTS. (a) AS 06.90.020(g), enacted by sec. 1 24
136	136	of this Act, has the effect of changing Rule 65, Alaska Rules of Civil Procedure, by 25
137	137	prohibiting preliminary and permanent injunctions issued under AS 06.90.020(f), enacted by 26
138	138	sec. 1 of this Act, from taking effect until 30 days after the date the injunction is ordered by 27
139	139	the court. 28
140	140	(b) AS 06.90.020(i), enacted by sec. 1 of this Act, has the effect of changing Rule 82, 29
141	141	Alaska Rules of Civil Procedure, by requiring full reasonable attorney fees to be awarded to 30
142	142	the attorney general or a petitioner if the attorney general or petitioner prevails in an action 31 34-LS0524\A
143	143	HB0143a -5- HB 143
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146	146	under AS 06.90.020(f), enacted by sec. 1 of this Act. 1
147	147	* Sec. 4. The uncodified law of the State of Alaska is amended by adding a new section to 2
148	148	read: 3
149	149	CONDITIONAL EFFECT. (a) AS 06.90.020(g), enacted by sec. 1 of this Act, takes 4
150	150	effect only if sec. 3(a) of this Act receives the two-thirds majority vote of each house required 5
151	151	by art. IV, sec. 15, Constitution of the State of Alaska. 6
152	152	(b) AS 06.90.020(i), enacted by sec. 1 of this Act, takes effect only if sec. 3(b) of this 7
153	153	Act receives the two-thirds majority vote of each house required by art. IV, sec. 15, 8
154	154	Constitution of the State of Alaska. 9