Legislature(2001 - 2002)

04/30/2002 01:40 PM Senate L&C

Audio Topic
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
             HB 393-SALES OF BUSINESS OPPORTUNITIES                                                                         
                                                                                                                                
CHAIRMAN STEVENS announced HB 393 to be up for consideration.                                                                   
                                                                                                                                
REPRESENTATIVE  GARY STEVENS, sponsor  of HB 393,  said this  is a                                                              
consumer bill introduced at the request  of the Department of Law.                                                              
He said  the idea  is to  protect Alaskans  from lots of  consumer                                                              
scams that  are out  there (called "busops"  - short  for business                                                              
opportunities).  He  just received  about  25 examples  from  Edna                                                              
March, a  Juneau lady, of  "business opportunities." He  said they                                                              
are targeted  toward people  who are  over 50,  those who  have to                                                              
stay at home, etc.                                                                                                              
                                                                                                                                
     This  bill  is  not  intended  to  harm  any  legitimate                                                                   
     businessman,  but it  does place  requirements on  those                                                                   
     that may not  be quite on the up and up.  The busops are                                                                   
     very high  pressure as you'll  see from reading  through                                                                   
     some of these…They promise huge  earnings; they scam the                                                                   
     vulnerable among us…                                                                                                       
                                                                                                                                
HB 393 requires  that the busops  register with the state  so they                                                              
can find them. Right now they can't  locate them. It also requires                                                              
them to  disclose information  to the buyers,  they would  have to                                                              
use  an  escrow  account  to make  sure  that  things  people  buy                                                              
actually  arrive  and gives  the  customer  the  30 day  right  of                                                              
cancellation.  He said  that about  half the  states have  similar                                                              
regulations and  his bill exempts  the legitimate  businesses they                                                              
are familiar with, like Avon and Amway and Mary Kay.                                                                            
                                                                                                                                
If they  don't pass this  bill, these  scams will continue  and it                                                              
will take a  great deal of time  and money to track them  down. It                                                              
will  protect  Alaska  businessmen  and  women and  will  let  the                                                              
Department  of  Law take  preventative  action before  people  are                                                              
scammed.                                                                                                                        
                                                                                                                                
SENATOR LEMAN  said they had talked  privately about this  and his                                                              
opinion is  that the change  made on the  House floor on  page 13,                                                              
lines  5   -  8,   are  unnecessary   and  probably  damage   this                                                              
legislation. He intended to offer  an amendment at the appropriate                                                              
time to  delete it. Another  item is  that he thought  they should                                                              
raise the exemption  from $250 to $500, as it is  in other states.                                                              
Finally, after reviewing some letters  that he received, he said a                                                              
lot of these are legitimate businesses  and the exemptions in line                                                              
15 - 17  don't cover them adequately.  "You say they do;  they say                                                              
they don't. I want to make sure that gets clarified."                                                                           
                                                                                                                                
Someone  pointed out  that product  inventory may  be sold  to the                                                              
buyer at something other than a wholesale  price and that may then                                                              
cause that exemption not to activate.                                                                                           
                                                                                                                                
TAPE 02-27, SIDE A                                                                                                            
                                                                                                                              
REPRESENTATIVE  STEVENS said  the amendment  on page  13, line  5,                                                              
begins  with "except"  and  that establishes  an  aggregate up  to                                                              
$10,000.  He  has a  hard  time  defending  that and  wouldn't  be                                                              
concerned if they deleted it.                                                                                                   
                                                                                                                                
The $250  - $500 is  more interesting.  Some people have  told him                                                              
that there  shouldn't  be any level  and, if  people are  scammed,                                                              
they  should be  protected whatever  the  amount is  over. But  he                                                              
thought that  you have  to draw  a line  somewhere and he  thought                                                              
$250 was a  reasonable line to draw.  If you draw it  at $500, you                                                              
would have  a lot of  companies who are  targeting people  at $495                                                              
and still  do quite well financially,  but be taking  advantage of                                                              
lots  of people.  They have  found states  that have  gone to  the                                                              
higher figure of $500, but now wish they were at $250.                                                                          
                                                                                                                                
On Senator  Leman's third point  regarding the exemption  on lines                                                              
15 - 17  he explained that  those were legitimate  businesses like                                                              
Mary Kay and  Avon. He understands this does indeed  protect those                                                              
people  and takes  them out  of this  section  entirely saying  he                                                              
talked extensively  with the Direct  Sellers Association  and they                                                              
agreed that this section does exempt the direct sellers.                                                                        
                                                                                                                                
SENATOR TORGERSON  asked if the Attorney  General was the  one who                                                              
brings  the complaint  in relation  to the  court rule  amendments                                                              
copies section  (page 17). He asked  if they are  assuming someone                                                              
else brings the complaint.                                                                                                      
                                                                                                                                
MS.  CYNTHIA  DRINKWATER,  Assistant Attorney  General,  said  the                                                              
indirect  court  amendments  they are  referring  to  specifically                                                              
address AS  45.6.120. When you look  at that section of  the bill,                                                              
you'll see that  that is a reference to claims  against the escrow                                                              
account.  These  complaints most  likely  would  be brought  by  a                                                              
purchaser  of busop  who  had been  defrauded  and the  department                                                              
wants  copies of  those complaints.  Similarly,  in the  preceding                                                              
section there  is also  a requirement that  sellers who  do escrow                                                              
accounts provide notice of where  those escrow accounts are to the                                                              
Department  of  Law.  This  section  is  just  for  an  additional                                                              
tracking mechanism.                                                                                                             
                                                                                                                                
CHAIRMAN STEVENS asked  her to address the concern  about the $500                                                              
threshold.                                                                                                                      
                                                                                                                                
MS.  DRINKWATER said  that originally  they had  requested a  $200                                                              
threshold because  they wanted to  provide as much  protection for                                                              
consumers as  they could while at  the same time  recognizing that                                                              
there  has to  be a  diminimous level  where it  wouldn't be  cost                                                              
effective  for  the  department  to monitor  all  these  kinds  of                                                              
business  opportunities. This  is  a line  that is  based on  what                                                              
other  states  have done,  although  $200  is  at the  lower  end.                                                              
However,  nine states  have thresholds  of $200  - $300.  Thirteen                                                              
states have a $500 threshold amount.  A model Business Opportunity                                                              
Act has  a $250 amount.  Several states  have started  with either                                                              
$500 or $300 thresholds and have  found that it is advantageous to                                                              
consumers to lower it to $250.                                                                                                  
                                                                                                                                
SENATOR AUSTERMAN asked  if they pass this law, could  he call the                                                              
Department  of Law to  see if the  stack he  was just handed  were                                                              
licensed to do whatever in the state.                                                                                           
                                                                                                                                
MS. DRINKWATER  said yes. The registration requirement  would work                                                              
similar  to the  telemarketing statute  that's in  effect now,  as                                                              
well as  our charitable  organization statutes.  In both  of those                                                              
cases there  is a  requirement that  solicitors register  with the                                                              
department.  That information  is available  on their website,  so                                                              
consumer can look it up and see which  telemarketers, charities or                                                              
solicitors are registered.                                                                                                      
                                                                                                                                
SENATOR AUSTERMAN asked what happens if they are not registered.                                                                
                                                                                                                                
MS. DRINKWATER replied  then it would be reasonable  to think that                                                              
activity wouldn't be a good idea to be involved in.                                                                             
                                                                                                                                
SENATOR AUSTERMAN  said his point  is what does the  department do                                                              
when someone isn't registered.                                                                                                  
                                                                                                                                
MS. DRINKWATER  responded that  they would  probably first  of all                                                              
send out  a cease and  desist letter,  which informs  the business                                                              
entity that they  are in violation of a law and  that they have to                                                              
be registered in the state. Sometimes  they get immediate response                                                              
and  sometimes  they  don't. Depending  on  the  complaint  that's                                                              
filed, they would  take additional action. "One  of the advantages                                                              
of this legislation  is that it would  give us an ability  to take                                                              
action prior to consumers loosing money…"                                                                                       
                                                                                                                                
REPRESENTATIVE  STEVENS said  that  someone asked  about page  13,                                                              
number 5,  which gives  an exemption for  the legitimate  Mary Kay                                                              
type of business and asked her to comment.                                                                                      
                                                                                                                                
MS. DRINKWATER said:                                                                                                            
                                                                                                                                
     Almost  all  the  other  states  that  have  a  business                                                                   
     opportunity registration  statute like this one  have an                                                                   
     exemption that is designed to  exempt out direct sellers                                                                   
     such  as we've  been  discussing.  The language  in  our                                                                   
     proposed statute  is very similar to every  other state.                                                                   
     It's also language that the  direct sellers requested be                                                                   
     included in a federal trade  commission rule on business                                                                   
     opportunities  and franchises.  Certainly our intent  is                                                                   
     to provide an exemption that  would allow Mary Kay folks                                                                   
     and Tupperware folks to carry on their business…                                                                           
                                                                                                                                
SENATOR LEMAN moved on page 13, line 5, to delete everything from                                                               
the comma following the $250 up to the semicolon and asked for                                                                  
unanimous consent. There were no objections and it was adopted.                                                                 
                                                                                                                                
CHAIRMAN STEVENS  explained that  the amendment returned  the bill                                                              
to  its  original  state  as  it   came  to  the  House  Judiciary                                                              
Committee. He  said they would set  the bill aside  until Thursday                                                              
and adjourned the meeting at 3:30 pm.                                                                                           
                                                                                                                                

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