Legislature(2001 - 2002)
2002-04-26 House Journal
Full Journal pdf2002-04-26 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).