Legislature(2001 - 2002)

2002-05-16 Senate Journal

Full Journal pdf

2002-05-16                     Senate Journal                      Page 3617
HB 499                                                                                            
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                                 

2002-05-16                     Senate Journal                      Page 3618
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" was read the                            
second time.                                                                                        
                                                                                                    
Senator Leman moved and asked unanimous consent that the bill be                                    
advanced to third reading and placed on final passage. Senator Ellis                                
objected.                                                                                           
                                                                                                    
The question being: "Shall the bill be advanced to third reading?" The                              
roll was taken with the following result:                                                           
                                                                                                    
CSHB 499(JUD)                                                                                       
Advance from Second to Third Reading?                                                               
                                                                                                    
YEAS:  17   NAYS:  3   EXCUSED:  0   ABSENT:  0                                                   
                                                                                                    
Yeas:  Austerman, Cowdery, Davis, Donley, Green, Halford,                                           
Hoffman, Kelly, Leman, Olson, Phillips, Stevens, Taylor, Therriault,                                
Torgerson, Ward, Wilken                                                                             
                                                                                                    
Nays:  Ellis, Elton, Lincoln                                                                        
                                                                                                    
and so, the bill advanced to third reading.                                                         
                                                                                                    
CS FOR HOUSE BILL NO. 499(JUD) was read the third time.                                             
                                                                                                    
The question being: "Shall 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                                      

2002-05-16                     Senate Journal                      Page 3619
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" pass the                           
Senate?" The roll was taken with the following result:                                              
                                                                                                    
CSHB 499(JUD)                                                                                       
Third Reading - Final Passage                                                                       
                                                                                                    
YEAS:  14   NAYS:  6   EXCUSED:  0   ABSENT:  0                                                   
                                                                                                    
Yeas:  Cowdery, Davis, Green, Hoffman, Kelly, Leman, Olson,                                         
Phillips, Stevens, Taylor, Therriault, Torgerson, Ward, Wilken                                      
                                                                                                    
Nays:  Austerman, Donley, Ellis, Elton, Halford, Lincoln                                            
                                                                                                    
and so, CS FOR HOUSE BILL NO. 499(JUD) passed the Senate, was                                       
signed by the President and Secretary and returned to the House.