2003-04-04                     House Journal                      Page 0760
HB 13                                                                                             
The Labor & Commerce Committee has considered:                                                      

2003-04-04                     House Journal                      Page 0761
     HOUSE BILL NO. 13                                                                              
     "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 on or after the effective date of this                             
     Act."                                                                                          
                                                                                                    
The report was signed by Representative Anderson, Chair, with the                                   
following individual recommendations:                                                               
                                                                                                    
Do pass (4):  Gatto, Dahlstrom, Rokeberg, Anderson                                                  
                                                                                                    
No recommendation (2):  Crawford, Guttenberg                                                        
                                                                                                    
                                                                                                    
The following fiscal note(s) apply:                                                                 
                                                                                                    
1.  Zero, House Labor & Commerce Committee/Dept. of Community                                       
& Economic Development                                                                              
                                                                                                    
HB 13 was referred to the Judiciary Committee.