Legislature(1999 - 2000)

1999-02-24 House Journal

Full Journal pdf

1999-02-24                     House Journal                      Page 0294
HB 83                                                                        
The Labor & Commerce Committee has considered:                                 
                                                                               
HOUSE BILL NO. 83                                                             
"An Act relating to the licensing of, acts and practices of, notice           
filings required of, duties of, registration of, capitalization of,            
financial requirements for, bonding of, coordinated securities                 
examinations of, recordkeeping by, and documents filed by certain              
securities occupations; relating to public entity investment pools;            
relating to investment advisory contracts; relating to the                     
examination of records of certain securities occupations; relating             
to federal covered securities; relating to the registration of                 
securities; relating to the general exemptions for securities and              
transactions; relating to offers of securities on the Internet; relating       
to the confidentiality of investigative files under the Alaska                 
Securities Act; relating to the payment by certain securities                  
occupations of expenses and fees of investigations and                         
examinations; relating to petitions to superior court by the                   
administrator to reduce civil penalties to judgment; exempting                 
certain violations of the Alaska Securities Act from criminal                  
penalties; relating to time limitations in bringing court actions for          
violations of the Alaska Securities Act; relating to the affirmative           
defense of timeliness in court actions relating to securities;                 
prohibiting certain lawsuits involving buyers of securities; relating          
to time limitations for bringing court actions involving the receipt           
of a written offer related to securities; relating to offers to repay          
buyers of securities; relating to notification of certain securities           
occupations regarding administrative hearings;  relating to fees               
established by the administrator; relating to a sale, a purchase, or           

1999-02-24                     House Journal                      Page 0295
HB 83                                                                        
an offer to sell or purchase under the Alaska Securities Act;                 
relating to the locations of offers to buy or sell; relating to consent        
to service; amending the Alaska Securities Act definitions of                  
'agent,' 'broker-dealer,' 'person,' 'Securities Act of 1933,' and              
'security;' defining for purposes of the Alaska Securities Act                 
'advisory client,' 'advisory fee,' 'advisory services,' 'Bank Holding          
Company Act of 1956,' 'clients who are natural persons,' 'federal              
covered adviser,' 'federal covered security,' 'Federal Deposit                 
Insurance Act,' 'Home Owners' Loan Act,' 'investment adviser                   
representative,' 'Investment Advisers Act of 1940,' 'investment                
advisory business,' 'investment advisory contract,' 'Investment                
Company Act of 1940,' 'NASDAQ,' 'National Securities Markets                   
Improvement Act of 1996,' 'notice filing,' 'place of business,'                
'principal place of business,' 'Securities Exchange Act of 1934,'              
'securities business,' 'state investment adviser,' 'substantial portion        
of the business,' 'supervised person,' and 'viatical settlement';              
relating to the title of the Alaska Securities Act; relating to the            
definitions in the Alaska Securities Act of 'assignment' and                   
'investment adviser'; relating to implementation of the changes to             
the Alaska Securities Act; and providing for an effective date."               
                                                                               
and recommends it be replaced with:                                            
                                                                               
CS FOR HOUSE BILL NO. 83(L&C)                                                 
"An Act relating to the licensing of, acts and practices of, notice           
filings required of, duties of, registration of, capitalization of,            
financial requirements for, bonding of, coordinated securities                 
examinations of, recordkeeping by, and documents filed by certain              
securities occupations; relating to public entity investment pools;            
relating to investment advisory contracts; relating to the                     
examination of records of certain securities occupations; relating             
to federal covered securities; relating to the registration of                 
securities; relating to the general exemptions for securities and              
transactions; relating to offers of securities on the Internet; relating       
to the confidentiality of investigative files under the Alaska                 
Securities Act; relating to the payment by certain securities                  
occupations of expenses and fees of investigations and                         
examinations; relating to petitions to superior court by the                   
administrator to reduce civil penalties to judgment; exempting                 
certain  violations  of  the  Alaska  Securities  Act from criminal            

1999-02-24                     House Journal                      Page 0296
HB 83                                                                        
penalties; relating to time limitations in bringing court actions for         
violations of the Alaska Securities Act; relating to the affirmative           
defense of timeliness in court actions relating to securities;                 
prohibiting certain lawsuits involving buyers of securities; relating          
to time limitations for bringing court actions involving the receipt           
of a written offer related to securities; relating to offers to repay          
buyers of securities; relating to notification of certain securities           
occupations regarding administrative hearings; relating to fees                
established by the administrator; relating to a sale, a purchase, or           
an offer to sell or purchase under the Alaska Securities Act;                  
relating to the locations of offers to buy or sell; relating to consent        
to service; amending the Alaska Securities Act definitions of                  
'agent,' 'broker-dealer,' 'person,' 'Securities Act of 1933,' and              
'security;' defining for purposes of the Alaska Securities Act                 
'advisory client,' 'advisory fee,' 'advisory services,' 'Bank Holding          
Company Act of 1956,' 'clients who are natural persons,' 'federal              
covered adviser,' 'federal covered security,' 'Federal Deposit                 
Insurance Act,' 'Home Owners' Loan Act,' 'investment adviser                   
representative,' 'Investment Advisers Act of 1940,' 'investment                
advisory business,' 'investment advisory contract,' 'Investment                
Company Act of 1940,' 'NASDAQ,' 'National Securities Markets                   
Improvement Act of 1996,' 'notice filing,' 'place of business,'                
'principal place of business,' 'Securities Exchange Act of 1934,'              
'securities business,' 'state investment adviser,' 'substantial portion        
of the business,' and 'supervised person'; relating to the title of the        
Alaska Securities Act; relating to the definitions in the Alaska               
Securities Act of 'assignment' and 'investment adviser'; relating to           
implementation of the changes to the Alaska Securities Act; and                
providing for an effective date."                                              
                                                                               
The report was signed by Representative Rokeberg, Chair, with the              
following individual recommendations:                                          
                                                                               
Do pass (2):  Rokeberg, Murkowski                                              
                                                                               
No recommendation (5):  Halcro, Sanders, Brice, Cissna, Harris                 
                                                                               
The following fiscal note applies to CSHB 83(L&C):                             
                                                                               
                                                                               

1999-02-24                     House Journal                      Page 0297
HB 83                                                                        
Zero fiscal note, Dept. of Commerce & Economic Development,                    
2/24/99                                                                        
                                                                               
HB 83 was referred to the Judiciary Committee.