00SENATE BILL NO. 110                                                                                                   
01 "An Act relating to liability involving certain property acquired by a governmental                                     
02 entity; and providing for an effective date."                                                                           
03 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA:                                                               
04    * Section 1.  AS 46.03.822(c) is amended to read:                                                                  
05  (c)  For purposes of (b)(1)(B) of this section, a third party or an agent of a                                        
06 third party is in privity of contract with the person who is otherwise liable [,] if the                                
07 third party or its agent and the person are parties to a land contract, deed, or other                                  
08 instrument transferring title or possession of the real property on which the facility in                               
09 question is located, unless that property was acquired by the person after the disposal                                 
10 or placement of the hazardous substance on, in, or at the facility, and the person                                      
11 establishes that the person has satisfied the requirements of (b)(1)(B) of this section                                 
12 and establishes that                                                                                                    
13   (1)  at the time the person acquired the facility ,  the person did not know                                       
14 and had no reason to know that a hazardous substance that is the subject of the release                                 

01 or threatened release was disposed of on, in, or at the facility;                                                       
02   (2)  the person is a governmental entity that acquired the facility                                                  
03    (A)   by escheat,  bankruptcy, foreclosure, tax delinquency, or                                                 
04 abandonment;                                                                                                           
05    (B)   [OR] through  an  [ANOTHER] involuntary transfer or                                                      
06 acquisition ;  [,] or                                                                                                 
07    (C)   through the exercise of eminent domain authority by                                                        
08 purchase or condemnation;                                                                                               
09   (3)  the person is a corporation organized under 43 U.S.C. 1601 - 1629e                                              
10 (Alaska Native Claims Settlement Act) that acquired the facility under those sections;                                  
11   (4)  the person acquired the facility by inheritance or bequest; or                                                  
12   (5)  the person is a state governmental entity and the state acquired the                                            
13 facility under Public Law 85-508 (Alaska Statehood Act).                                                                
14    * Sec. 2.  APPLICABILITY.  AS 46.03.822(c)(2), as amended in sec. 1 of this Act, applies                           
15 to property acquired by a governmental entity on or after the effective date of this Act.  For                          
16 purposes of this section, when foreclosure by a municipality is involved, the property is                               
17 acquired on the date it is deeded to the municipality under AS 29.45.450.                                               
18    * Sec. 3.  This Act takes effect immediately under AS 01.10.070(c).