Legislature(1999 - 2000)
1999-05-07 Senate Journal
Full Journal pdf1999-05-07 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.