Legislature(2017 - 2018)

2018-02-09 House Journal

Full Journal pdf

2018-02-09                     House Journal                      Page 2380
HB 342                                                                                                                        
HOUSE BILL NO. 342 by the House Rules Committee by request of                                                                   
the Governor, entitled:                                                                                                         
     "An Act amending and repealing registration filing provisions of                                                           
     the Uniform Land Sales Practices Act; relating to the jurisdiction                                                         
     of the office of administrative hearings; and providing for an                                                             
     effective date."                                                                                                           
was read the first time and referred to the Labor & Commerce                                                                    
The following fiscal note(s) apply:                                                                                             
1.  Zero, Dept. of Commerce, Community, & Economic Development                                                                  
The Governor's transmittal letter dated February 8 follows:                                                                     
"Dear Speaker Edgmon:                                                                                                           
Under the authority of Article III, Section 18, of the Alaska                                                                   
Constitution, I am transmitting a bill that would amend and repeal                                                              
registration filing provisions of the Uniform Land Sales Practices Act.                                                         
The Uniform Land Sales Practices Act requires that a person may not                                                             
offer or dispose of certain subdivided land in Alaska unless the person                                                         
is registered and offers a public offering statement to the purchaser.                                                          

2018-02-09                     House Journal                      Page 2381
The current law provides that the Department of Commerce,                                                                       
Community and Economic Development implement the Act through                                                                    
regulation. The Department has authority to accept registrations for the                                                        
sale of subdivided land, but no registration filings have been received                                                         
since before 2000. Further, the National Conference of Commissioners                                                            
on Uniform State Laws reports that this Act was withdrawn as                                                                    
obsolete in 2012.                                                                                                               
While the bill would remove the filing and registration requirements,                                                           
which are unnecessary and burdensome, it would retain the laws that                                                             
impose criminal penalties for fraudulent or prohibited practices.                                                               
Therefore, it would still be unlawful for a person, in connection with                                                          
the sale of land, to attempt to defraud the purchaser, or to make an                                                            
untrue statement of material fact, or otherwise engage in an act to                                                             
operate as a fraud or deceive the person. Any action for a fraudulent                                                           
sale of private land would be a private one, and not overseen by a state                                                        
agency. However, to the extent offers, dispositions, or sales were made                                                         
before the effective date of the Act, those offers, dispositions, or sales                                                      
would be governed by the law in existence at the time.                                                                          
I urge your prompt and favorable action on this measure.                                                                        
Bill Walker