Legislature(1999 - 2000)

02/22/1999 03:16 PM House L&C

Audio Topic
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
txt
    HOUSE LABOR AND COMMERCE STANDING COMMITTEE                                                                                 
                 February 22, 1999                                                                                              
                     3:16 p.m.                                                                                                  
                                                                                                                                
                                                                                                                                
MEMBERS PRESENT                                                                                                                 
                                                                                                                                
Representative Norman Rokeberg, Chairman                                                                                        
Representative Andrew Halcro, Vice Chairman                                                                                     
Representative Jerry Sanders                                                                                                    
Representative Lisa Murkowski                                                                                                   
Representative John Harris                                                                                                      
Representative Tom Brice                                                                                                        
Representative Sharon Cissna                                                                                                    
                                                                                                                                
MEMBERS ABSENT                                                                                                                  
                                                                                                                                
All members present                                                                                                             
                                                                                                                                
COMMITTEE CALENDAR                                                                                                              
                                                                                                                                
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 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."                                                                                               
                                                                                                                                
     - MOVED CSHB 83(L&C) OUT OF COMMITTEE                                                                                      
                                                                                                                                
(* First public hearing)                                                                                                        
                                                                                                                                
PREVIOUS ACTION                                                                                                                 
                                                                                                                                
BILL: HB 83                                                                                                                     
SHORT TITLE: ALASKA SECURITIES ACT                                                                                              
SPONSOR(S): LABOR & COMMERCE BY REQUEST                                                                                         
                                                                                                                                
Jrn-Date    Jrn-Page           Action                                                                                           
 2/08/99       163     (H)  READ THE FIRST TIME - REFERRAL(S)                                                                   
 2/08/99       164     (H)  L&C, JUD                                                                                            
 2/17/99               (H)  L&C AT  3:15 PM CAPITOL 17                                                                          
 2/17/99               (H)  HEARD AND HELD                                                                                      
 2/17/99               (H)  MINUTE(L&C)                                                                                         
 2/19/99               (H)  L&C AT  3:15 PM CAPITOL 17                                                                          
 2/19/99               (H)  HEARD AND HELD                                                                                      
 2/19/99               (H)  MINUTE(L&C)                                                                                         
 2/22/99               (H)  L&C AT 3:15 PM CAPITOL 17                                                                           
                                                                                                                                
WITNESS REGISTER                                                                                                                
                                                                                                                                
JANET SEITZ, Legislative Assistant                                                                                              
   to Representative Norman Rokeberg                                                                                            
Alaska State Legislature                                                                                                        
Capitol Building, Room 24                                                                                                       
Juneau, Alaska  99801                                                                                                           
Telephone:  (907) 465-4968                                                                                                      
POSITION STATEMENT:  As committee aide for the House Labor and                                                                  
Commerce Standing Committee, explained CSHB 83(L&C).                                                                            
                                                                                                                                
ACTION NARRATIVE                                                                                                                
                                                                                                                                
TAPE 99-12, SIDE A                                                                                                              
Number 0001                                                                                                                     
                                                                                                                                
CHAIRMAN NORMAN ROKEBERG called the House Labor and Commerce                                                                    
Standing Committee meeting to order at 3:16 p.m.  Members present                                                               
at the call to order were Representatives Rokeberg, Halcro,                                                                     
Sanders, Murkowski, Harris, Brice and Cissna.                                                                                   
                                                                                                                                
                                                                                                                                
HB 83 - ALASKA SECURITIES ACT                                                                                                   
                                                                                                                                
CHAIRMAN ROKEBERG announced the committee would hear HB 83 [full                                                                
title not provided here due to length].  He advised members that                                                                
there was a proposed committee substitute [version 1-LS0253\G,                                                                  
Bannister, 2/20/99], created to address problems brought up at the                                                              
last meeting.                                                                                                                   
                                                                                                                                
Number 0259                                                                                                                     
                                                                                                                                
JANET SEITZ, Legislative Assistant to Representative Norman                                                                     
Rokeberg, Alaska State Legislature, serving as committee aide,                                                                  
explained that the two changes in the proposed committee substitute                                                             
were in accordance with the two amendments adopted the previous                                                                 
Friday [February 19, 1999].  First, all references to "viatical                                                                 
settlements" have been removed.  And second, on page 21, lines 2                                                                
and 3, reference to "dual agency capacity" has been deleted; the                                                                
new language is, "disclose to a customer that the broker-dealer or                                                              
agent is acting as an agent for both the customer and another                                                                   
person".                                                                                                                        
                                                                                                                                
CHAIRMAN ROKEBERG asked whether the drafter had decided to delete                                                               
the dual agency language to avoid confusion.                                                                                    
                                                                                                                                
MS. SEITZ affirmed that.                                                                                                        
                                                                                                                                
Number 0330                                                                                                                     
                                                                                                                                
REPRESENTATIVE HALCRO made a motion to move CSHB 83, version                                                                    
1-LS0253\G, Bannister, 2/20/99, out of committee with the attached                                                              
zero fiscal note.  There being no objection, CSHB 83(L&C) moved out                                                             
of the House Labor and Commerce Standing Committee.                                                                             
                                                                                                                                
Number 0366                                                                                                                     
                                                                                                                                
CHAIRMAN ROKEBERG called a brief at-ease at 3:23 p.m. to prepare                                                                
for the Mental Health Parity Task Force Report.  [The minutes for                                                               
that portion of the meeting are found in the 3:28 p.m. cover sheet                                                              
for this same date.]                                                                                                            

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