Legislature(2001 - 2002)

2002-04-25 House Journal

Full Journal pdf

2002-04-25                     House Journal                      Page 3146
HB 499                                                                                            
The following, which had been moved to the bottom of the calendar                                   
(page 3140), was again before the House with Amendment to                                           
Amendment No. 2 moved and pending:                                                                  

2002-04-25                     House Journal                      Page 3147
    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."                                                                                      
                                                                                                    
Representative Berkowitz placed a call of the House.                                                
                                                                                                    
Representative Kerttula moved and asked unanimous consent to                                        
withdraw Amendment No. 2.  There being no objection, it was so                                      
ordered.                                                                                            
                                                                                                    
Amendment No. 3 was offered  by Representative Berkowitz:                                            
                                                                                                    
Page 2, line 21, following "predecessor;":                                                          
 Delete "or"                                                                                        
                                                                                                    
Page 2, line 23:                                                                                    
 Delete "."                                                                                         
 Insert "; or"                                                                                      
                                                                                                    
Page 2, following line 23:                                                                          
 Insert a new paragraph to read:                                                                    
      "(5)  results in the transfer of the business as an ongoing                                   
    concern."                                                                                       

2002-04-25                     House Journal                      Page 3148
Representative Berkowitz moved and asked unanimous consent that                                     
Amendment No. 3 be adopted.                                                                         
                                                                                                    
Representative Rokeberg objected.                                                                   
                                                                                                    
Representative Berkowitz lifted the call.                                                           
                                                                                                    
The question being:  "Shall Amendment No. 3 be adopted?"  The roll                                  
was taken with the following result:                                                                
                                                                                                    
CSHB 499(JUD)                                                                                       
Second Reading                                                                                      
Amendment No. 3                                                                                     
                                                                                                    
YEAS:  7   NAYS:  29   EXCUSED:  3   ABSENT:  1                                                   
                                                                                                    
Yeas:  Berkowitz, Cissna, Crawford, Joule, Kapsner, Kookesh, Moses                                  
                                                                                                    
Nays:  Bunde, Chenault, Coghill, Croft, Davies, Dyson, Fate, Foster,                                
Green, Halcro, Harris, Hayes, Hudson, James, Kerttula, Kohring, Kott,                               
Lancaster, Masek, Meyer, Morgan, Mulder, Murkowski, Rokeberg,                                       
Scalzi, Stevens, Whitaker, Williams, Wilson                                                         
                                                                                                    
Excused:  Guess, Ogan, Porter                                                                       
                                                                                                    
Absent:  McGuire                                                                                    
                                                                                                    
And so, Amendment No. 3 was not adopted.                                                            
                                                                                                    
Amendment No. 4 was offered  by Representative Davies:                                               
                                                                                                    
Page 2, line 21, following "predecessor;":                                                          
 Delete "or"                                                                                        
                                                                                                    
Page 2, line 23:                                                                                    
 Delete "."                                                                                         
 Insert "; or"                                                                                      
                                                                                                    
Page 2, following line 23:                                                                          
 Insert a new paragraph to read:                                                                    
  "(5) the transfer has the effect of shielding a person from                                       
legitimate liability."                                                                              
                                                                                                    

2002-04-25                     House Journal                      Page 3149
Representative Davies moved and asked unanimous consent that                                        
Amendment No. 4 be adopted.                                                                         
                                                                                                    
Representative Rokeberg objected.                                                                   
                                                                                                    
The question being:  "Shall Amendment No. 4 be adopted?"  The roll                                  
was taken with the following result:                                                                
                                                                                                    
CSHB 499(JUD)                                                                                       
Second Reading                                                                                      
Amendment No. 4                                                                                     
                                                                                                    
YEAS:  14   NAYS:  23   EXCUSED:  3   ABSENT:  0                                                  
                                                                                                    
Yeas:  Berkowitz, Bunde, Cissna, Crawford, Croft, Davies, Hayes,                                    
Hudson, Joule, Kapsner, Kerttula, Kookesh, Moses, Wilson                                            
                                                                                                    
Nays:  Chenault, Coghill, Dyson, Fate, Foster, Green, Halcro, Harris,                               
James, Kohring, Kott, Lancaster, Masek, McGuire, Meyer, Morgan,                                     
Mulder, Murkowski, Rokeberg, Scalzi, Stevens, Whitaker, Williams                                    
                                                                                                    
Excused:  Guess, Ogan, Porter                                                                       
                                                                                                    
And so, Amendment No. 4 was not adopted.                                                            
                                                                                                    
                                                                                                    
Representative Foster moved and asked unanimous consent that CSHB                                   
499(JUD) be considered engrossed, advanced to third reading, and                                    
placed on final passage.                                                                            
                                                                                                    
                                                                                                    
Representative Berkowitz objected.                                                                  
                                                                                                    
                                                                                                    
CSHB 499(JUD) will be in third reading on tomorrow's calendar.