Legislature(1999 - 2000)

1999-05-07 Senate Journal

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1999-05-07                     Senate Journal                      Page 1299
SB 110                                                                       
SENATE BILL NO. 110 An Act relating to liability involving                     
certain property acquired by a governmental entity; and providing for          
an effective date which had been held in second reading, with the              
question to adopt the Rules Committee Substitute pending (page                 
1279), was before the Senate.                                                  
                                                                               
There being no objections to the adoption of the Rules Committee               
Substitute, CS FOR SENATE BILL NO. 110(RLS) was adopted and                    
was automatically in third reading on reconsideration.                         
                                                                               

1999-05-07                     Senate Journal                      Page 1300
SB 110                                                                       
Senator Leman moved that the bill be returned to second reading for            
the purpose of a specific amendment, that being Amendment No. 1.               
Without objection, the bill was returned to second reading.                    
                                                                               
Senators Leman, Taylor, Wilken offered Amendment No. 1 :                        
                                                                               
Page 1, lines 1 - 2:                                                           
	Delete all material and insert:                                               
""An Act relating to liability for the release of hazardous                   
substances involving certain property acquired by a governmental               
entity; relating to making a determination as to when a                        
hazardous substance release has occurred; relating to liability of             
a party other than the party responsible for the initial release of            
a hazardous substance; and providing for an effective date.""                 
                                                                               
Page 1, following line 3:                                                      
	Insert a new bill section to read:                                            
   "* Section. 1.  AS46.03.822(d) is amended to read:                        
	(d)  To establish that a person had no reason to know that                    
the hazardous substance was disposed of on, in, or at the facility, as         
provided in (c)(1) and (m) of this section, the person must have           
undertaken, at the time of  acquisition, all reasonable inquiries into         
the previous ownership and uses of the property consistent with good           
commercial or customary practice in an effort to minimize liability.           
For purposes of this subsection a court shall take into account all            
relevant facts, including                                                      
		(1)  any specialized knowledge or experience the                             
person has;                                                                    
		(2)  the relationship of the purchase price to the                           
value of the property if it were uncontaminated;                               
		(3)  commonly known or reasonably ascertainable                              
information about the property;                                                
		(4)  the obviousness of the presence or likely                               
presence of contamination at the property; and                                 
		(5)  the ability to detect contamination by                                  
appropriate inspection."                                                       
                                                                               
                                                                               

1999-05-07                     Senate Journal                      Page 1301
SB 110                                                                       
Page 1, line 4:                                                                
	Delete "* Section 1."                                                       
	Insert  "* Sec. 2."                                                         
	Delete "a new subsection"                                                     
	Insert  "new subsections"                                                     
                                                                               
Renumber the following bill sections accordingly.                              
                                                                               
Page 2, following line 14:                                                     
	Insert a new subsection to read:                                              
	"(m)  For purposes of determining liability in an action to                   
recover damages or costs under this section, a release shall be                
considered to have occurred when a hazardous substance is first                
introduced into the environment.  A party, other than the party                
responsible for the initial release, who had no reason to know that            
a hazardous substance was disposed of on, in, or at the facility and           
who has acted responsibly upon discovering contamination in                    
accordance with (b)(2) of this section may not be held liable for the          
spread or migration of the hazardous substance except by an act of             
intentional misconduct or gross negligence."                                   
                                                                               
Page 2, line 15:                                                               
	Delete "sec. 1"                                                               
	Insert  "sec. 2"                                                              
                                                                               
Senator Leman moved for the adoption of Amendment No. 1.                       
                                                                               
Senator Halford moved and asked unanimous consent for the                      
adoption of the following amendment to Amendment No. 1:                        
                                                                               
In Section 1(d) of Amendment No. 1, after of and before                        
acquisition:                                                                   
	Insert voluntary                                                          
                                                                               
Without objection, Amendment No. 1 was amended.                                
                                                                               
The question being: Shall Amendment No. 1 as amended be                        
adopted? The roll was taken with the following result:                         
                                                                               

1999-05-07                     Senate Journal                      Page 1302
SB 110                                                                       
                                                                               
CSSB 110(RLS)                                                                  
Second Reading                                                                 
Amendment No. 1 as amended                                                     
                                                                               
YEAS:  20   NAYS:  0   EXCUSED:  0   ABSENT:  0                              
                                                                               
Yeas:  Adams, Donley, Ellis, Elton, Green, Halford, Hoffman, Kelly Pete,       
Kelly Tim, Leman, Lincoln, Mackie, Miller, Parnell, Pearce,                    
Phillips, Taylor, Torgerson, Ward, Wilken                                      
                                                                               
and so, Amendment No. 1 as amended was adopted.                                
                                                                               
CS FOR SENATE BILL NO. 110(RLS) am was automatically in                        
third reading.                                                                 
                                                                               
The question to be reconsidered: Shall CS FOR SENATE BILL                      
NO. 110(RLS) am An Act relating to liability for the release of                
hazardous substances involving certain property acquired by a                  
governmental entity; relating to making a determination as to when             
a hazardous substance release has occurred; relating to liability of a         
party other than the party responsible for the initial release of a            
hazardous substance; and providing for an effective date pass the              
Senate? The roll was taken with the following result:                          
                                                                               
CSSB 110(RLS) am                                                               
Third Reading - On Reconsideration                                             
Effective Date                                                                 
                                                                               
YEAS:  20   NAYS:  0   EXCUSED:  0   ABSENT:  0                              
                                                                               
Yeas:  Adams, Donley, Ellis, Elton, Green, Halford, Hoffman, Kelly Pete,       
Kelly Tim, Leman, Lincoln, Mackie, Miller, Parnell, Pearce,                    
Phillips, Taylor, Torgerson, Ward, Wilken                                      
                                                                               
and so, CS FOR SENATE BILL NO. 110(RLS) am passed the                          
Senate on reconsideration.                                                     
                                                                               
                                                                               

1999-05-07                     Senate Journal                      Page 1303
SB 110                                                                       
Senator Mackie moved and asked unanimous consent that the vote                 
on the passage of the bill be considered the vote on the effective             
date clause. Without objection, it was so ordered and the bill was             
referred to the Secretary for engrossment.