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."