2002-04-26                     House Journal                      Page 3180
HB 499                                                                                            
The following, which was advanced to third reading from the April 25,                               
2002, calendar (page 3149), was read the third time:                                                
                                                                                                    
     CS FOR HOUSE BILL NO. 499(JUD)                                                                 
     "An Act declaring legislative intent to reject the continuity of                               
     enterprise exception to the doctrine of successor liability adopted                            
     in Savage Arms, Inc. v. Western Auto Supply, 18 P.3d 49 (Alaska                                
     2001) as it relates to products liability; providing that a successor                          
     corporation or other business entity that acquires assets of a                                 
     predecessor corporation or other business entity is subject to                                 
     liability for harm to persons or property caused by a defective                                
     product sold or otherwise distributed commercially by the                                      
     predecessor only if the acquisition is accompanied by an                                       
     agreement for the successor to assume the liability, results from a                            
     fraudulent conveyance to escape liability for the debts or liabilities                         
     of the predecessor, constitutes a consolidation or merger with the                             
     predecessor, or results in the successor's becoming a continuation                             
     of the predecessor; defining 'business entity' that acquires assets to                         
     include a sole proprietorship; and applying this Act to the sale,                              
     lease, exchange, or other disposition of assets by a corporation, a                            
     limited liability company, a partnership, a limited liability                                  
     partnership, a limited partnership, a sole proprietorship, or other                            
     business entity that occurs before, on, or after the effective date of                         
     this Act."                                                                                     

2002-04-26                     House Journal                      Page 3181
The question being:  "Shall CSHB 499(JUD) pass the House?"  The                                     
roll was taken with the following result:                                                           
                                                                                                    
CSHB 499(JUD)                                                                                       
Third Reading                                                                                       
Final Passage                                                                                       
                                                                                                    
YEAS:  33   NAYS:  4   EXCUSED:  3   ABSENT:  0                                                   
                                                                                                    
Yeas:  Bunde, Chenault, Coghill, Crawford, Croft, Dyson, Foster,                                    
Green, Guess, Halcro, Harris, Hayes, Hudson, James, Joule, Kapsner,                                 
Kohring, Kookesh, Kott, Lancaster, Masek, McGuire, Meyer, Morgan,                                   
Moses, Mulder, Murkowski, Porter, Rokeberg, Scalzi, Stevens,                                        
Whitaker, Wilson                                                                                    
                                                                                                    
Nays:  Berkowitz, Cissna, Davies, Kerttula                                                          
                                                                                                    
Excused:  Fate, Ogan, Williams                                                                      
                                                                                                    
And so, CSHB 499(JUD) passed the House.                                                             
                                                                                                    
Representative Berkowitz gave notice of reconsideration of the vote                                 
on CSHB 499(JUD).