HB1574 (2006) Detail

(New Title) AN ACT relative to membership on the public employees deferred compensation commission and relative to criminal penalties for certain securities violations.


CHAPTER 310

HB 1574 – FINAL VERSION

07Mar2006… 1179h

05/04/06 2206s

24May2006… 2270cofc

24May2006… 2393eba

2006 SESSION

06-2935

09/03

HOUSE BILL 1574

AN ACT relative to membership on the public employees deferred compensation commission and relative to criminal penalties for certain securities violations.

SPONSORS: Rep. Kennedy, Merr 4; Rep. Putnam, Rock 8; Rep. Mirski, Graf 10

COMMITTEE: Executive Departments and Administration

AMENDED ANALYSIS

This bill replaces the director of the office of securities regulation with the secretary of state or designee as a member of the public employees deferred compensation commission.

The bill also makes it a crime to fail to comply with certain orders of the secretary of state regarding securities violations.

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Explanation: Matter added to current law appears in bold italics.

Matter removed from current law appears [in brackets and struckthrough.]

Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

07Mar2006… 1179h

05/04/06 2206s

24May2006… 2270cofc

24May2006… 2393eba

06-2935

09/03

STATE OF NEW HAMPSHIRE

In the Year of Our Lord Two Thousand Six

AN ACT relative to membership on the public employees deferred compensation commission and relative to criminal penalties for certain securities violations.

Be it Enacted by the Senate and House of Representatives in General Court convened:

310:1 Public Employees Deferred Compensation Commission. Amend RSA 101-B:2, I(e) to read as follows:

(e) The [director of the office of securities regulation, department] secretary of state, or designee;

310:2 Securities; Criminal Penalty. Amend RSA 421-B:24, I to read as follows:

I. Any person who willfully violates any provisions of RSA 421-B:3, 421-B:4, 421-B:5 or [afails to comply with an order from the secretary of state to cease and desist [order] or for an injunction issued pursuant to RSA 421-B:23, or who fails to comply with an order to pay a fine, penalty, rescission, restitution, or disgorgement greater than $10,000 pursuant to RSA 421-B:10, 421-B:23, or 421-B:26, or who violates RSA 421-B:19 knowing that the statement was false or misleading in any material respect, shall be guilty of a class B felony. Each of the acts specified shall constitute a separate offense and a prosecution or conviction for any one of such offenses shall not bar prosecution or conviction for any other offense.

310:3 Contingency. If HB 716-FN of the 2006 legislative session becomes law, section 1 of this act shall not take effect.

310:4 Effective Date.

I. Section 1 of this act shall take effect as provided in section 3 of this act.

II. Section 2 of this act shall take effect 60 days after its passage.

III. The remainder of this act shall take effect upon its passage.

Approved: June 19, 2006

Effective: I. Section 1 shall take effect as provided in section 3.

II. Section 2 shall take effect August 18, 2006

III. Remainder shall take effect June 19, 2006