Y2K PENDING LEGISLATION FOR 1999
Liability Legislation
as of 10-99
Updated 10-20-99
File size = approx. 102KB
Y2K
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Y2K AS A PRIORITY
California
A.B.
724 This bill makes a legislative finding and declaration that the
identification and remediation of the Year 2000 problem is the top priority
information technology project for the state for the duration of 1999. (Signed by
Governor 10/7/99)
E.O.1 This
Executive Order declares that Year 2000 solutions shall be the State's
top technology priority and requires each state agency to defer commencing
any new non-Year 2000 computer projects that are not required by law.
A.C.R. 186 Memorializes the State Chief Information Officer and
the Department of Information Technology to address issues relating to
the administration by state departments and agencies of vacation credits
of state employees who are working on Year 2000 projects.
Georgia (Adjourned)
H.R.
86 This resolution urges the Governor to take promptly certain actions
to avert potential Year 2000 computer compliance problems. (Carried
over).
Maine (Adjourned)
E.O. 1 This bill encourages cooperation and facilities sharing of planning
and readiness information.
Montana (Adjourned)
H.J.R.
32 This bill encourages people of Montana to prepare for possible disruptions
of supplies and services as a result of the Y2K problem and encourages
local governments to urge their constituents to be prepared.
Utah (Adjourned)
S.C.R.
1 This bill urges the public and private sectors and the citizens of
Utah to prepare for the potential challenges of the Year 2000 date change.
Virginia (Adjourned)
H.J.R.
741 (passed House and Senate 2/17/99) This resolution expresses
the sense of the General Assembly that state agencies and institutions
avoid certain dates for implementation of new program or procedures as
they prepare for the Year 2000.
TOP
COMPLIANCE/COMPUTER READINESS/REPORTING
California
A.B.
882 This bill authorizes any public entity to submit a written request
for information regarding the Year 2000 problem to any contractor.
Connecticut (Adjourned)
H.B.
5335 This bill assists municipalities to become Year 2000 compliant.
(Signed by Governor on 5/27/99).
H.B. 5341
This bill ensures that municipalities are year 2000 compliant by requiring
municipalities and the Office of Policy and Management to report on measures
to be implemented to address year 2000 compliance issues. (Did not pass).
S.B. 1215
This bill ensures computer readiness of state agencies by the year 2000.
(Did not pass).
S.B. 229
This bill ensures computer readiness of state agencies by the year 2000.
(Did not pass).
S.B. 687
This bill provides municipalities with technical assistance regarding the
year 2000 computer conversion. (Did not pass).
Georgia (Adjourned)
S.B.
230 (Signed by Governor 4/9/99) This bill enacts the Year 2000
Readiness Act, which authorizes inspection of certain agencies with regards
to the adequacy, security, and accommodation of their services.
Hawaii (Adjourned)
S.B.
1207 This bill requires an auditor to independently verify state agencies'
and departments' preparedness in bringing their statewide computer systems
into year 2000 compliance.
Illinois
H.B.
1092 This bill creates the Year 2000 Computer Preparedness
Act.
Massachusetts
E.O. 408 This bill directs all state agencies to achieve Year 2000
compliance on or before July 1, 1999.
New Hampshire
H.B.
527 This bill permits the Public Utilities Commission to impose administrative
fines on public utilities that are not year 2000 prepared. (Vetoed by
Governor on 6/25/99).
New Jersey
A.R.
91 This resolution memorializes the Federal Aviation Administration
to take all necessary action to ensure all computerized aircraft navigation
instruments and flight control systems are year 2000 compliant.
North Dakota (Adjourned)
H.B. 1036(PDF
Download) This bill authorizes the Public Service Commission to request
from any North Dakota public utility company information in activities
by that utility to ensure that the Year 2000 computer problem is addressed
in a timely manner. (Did not pass).
Vermont (Adjourned)
S.B.
114 This bill creates the Join Year 2000 Oversight Committee.
Virginia (Adjourned)
H.J.R.
505 This bill expresses the sense of the General Assembly that communities
across the Commonwealth be supported in their efforts to become year 2000
compliant and be encouraged, as part of their contingency planning for
the century date change, to prepare to provide emergency and public safety
services in the time before, during, and after January 1, 2000. (Enrolled
on 3/18/99).
Wisconsin
A.B.
19 This bill requires reporting of information regarding Year 2000
processing to state and local government units by any person regulated
by such government units.
A.B.
51 This bill permits any state or local governmental unit that has
regulatory power over any person to require that person to provide information
relating to year 2000 processing.
A.B. 67
This bill requires reporting of information regarding Year 2000 processing
to state and local government units by any person regulated by such government
units.
TOP
TAX CREDIT/DEDUCTION FOR Y2K EXPENDITURES
Alabama (Adjourned)
H.J.R
24 This resolutions requests a study of potential loss of revenue if
businesses are authorized a deduction for year 2000 computer conversion
expenses. (Enacted on 4/19/99).
California
A.B.
579 This bill allows a taxpayer to elect to expense the costs of making
computers and software year 2000 compliant.
New York
A.B.354
This bill provides for a year 2000 technological compliance credit that
is a corporate tax credit of up to a specific amount for taxable years
1999 and 2000 for correction conversion of computer hardware and software.
A.B.
4483 This bill provides a tax credit for expenditures made by certain
companies relating to work performed on hardware and software of electronic
devices to allow the equipment to recognize the year 2000 as a date.
S.B.
1216 This bill provides a "year 2000" technological corporate tax credit
for correction conversion of computer hardware and software to recognize
year 2000 as a date.
TOP
LIABILITY-RELATED BILLS
Limits on Causes of Actions
Due Diligence
Y2K Good Samaritan
Damages and Recovery
Government Immunity
Business Immunity
Medical Immunity
Citizen Immunity
Limits on Causes of Actions
Alabama (Adjourned)
S.B.
270 This bill provides that nothing shall prevent the governmental
entity or its public officials from bringing an action for any compensatory
or punitive damages permissible under current law.
Arizona (Adjourned)
S.B.
1194 This bill provides an affirmative defense against
criminal and civil liability for claims arising out of a computer failure
due to the year 2000 date change, except the affirmative defense is not
available for criminal liability for violations of the state environmental
laws. (Did not pass).
Arkansas (Adjourned)
H.B.
2263 This bill prohibits actions against a financial institution or
government entity unless the losses incurred are a direct result of a year
2000 failure which caused a direct and material loss to the plaintiff.
(Did not pass).
California
A.B.
874 This bill provides that in any action based on the year 2000 problem,
a party may make an offer to settle, and provides for the assessment of
costs and attorney's fees if the other party does not obtain a more favorable
verdict.
A.B.
905 This bill provides the exclusive remedy against any person, including
one to recover damages, that results directly or indirectly from supplying
a product that is unable to accurately store, process, provide, or receive
data as a result of a year 2000 problem.
A.B.
999 This bill limits any cause of action arising out of a Year 2000
computer problem to contract claims
Florida (Adjourned)
S.B.
80 Defines scope of liability that persons and businesses face
for damages caused by year 2000 information technology failures (Signed
by the Governor).
S.B.
1404 This bill prohibits governmental agencies from disclosing without
permission information acquired from businesses or other agencies concerning
their information technology systems in order to avert problems with the
year 2000 date change. (Did not pass).
Illinois
S.B.
230 This bill proscribes pleading procedures for suits based on the
year 2000 date change.
Indiana (Adjourned)
S.B.
666 This bill specifies that an exchange in good faith of information
related to year 2000 problems is not an unlawful restraint of trade. (Did
not pass).
Iowa (Adjourned)
SF
405 This bill limits the liability of certain persons for certain
actions arising out of failure of information technology as result of Y2K
problem. (Vetoed by the Governor on 4/26/99).
L.S.B. 1083 (text not available) Relates to year 2000
liability for the private sector
Kansas (Adjourned)
H.B.
2185 This bill restricts civil actions arising out of the year 2000
date change to individual actions based solely in contract and shall only
allow recovery of actual damages. (Did not pass).
Maryland (Adjourned)
S.B. 604
This bill permits causes of actions against people whose services or products
are not Year 2000 ready and which causes damage or loss. (Did not pass).
Massachusetts
H.B.
4100 This bill limits the liability of hospitals and health systems
due to certain year 2000 computer system failures.
Michigan
H.B.
4424 This bill declares the only cause of action for a Year 2000 computer
problem is in contract unless the plaintiff has suffered personal injury
and the defendant did not notify customers of potential problems.
Minnesota (Adjourned)
H.F.
73 This bill restricts a cause of action involving a failure of Y2K
processing until commencing after January2, 2001. (Signed into law).
H.F.
964 This bill provides that a civil action arising out of alleged failure
of Y2K processing may be commenced, and discovery may be conducted, but
no dispositive motion will be heard nor any trial conducted until after
January 2, 2001. (Held over).
S.F.
1262 This bill creates pleading procedures for claims arising out Year
2000 date change. (Signed by Governor 5/25/99)
Nebraska (Adjourned)
L.B.
661 This bill limits damages for Y2K computer date failure to actual
damages based in contract provided that the defendant either used reasonable
efforts or complied with applicable federal standards for preventing such
computer failure. (Signed by Governor on 5/27/99).
New Jersey
A.B.
2666 This bill provides than an action based on a Year 2000 date change
shall be based solely in contract.
New Mexico (Adjourned)
H.B.
552 This bill limits the time frame within which an action may be brought
against a manufacturer or supplier of computer products or services for
problems caused by a computer date failure. (Did not pass).
S.B.
474 Imposes restrictions and limitations on actions seeking damages
for computer date failure. (Did not pass).
S.B.
620 This bill requires a person to file a protest within thirty days
of any adverse action based on a Year 2000 event. (Did not pass).
Ohio
H.B. 369 This bill permits default and other advers enforcement actions
relating to certain business transactions to be initiated only after a
reasonable period of time has elapsed.
Oklahoma (Adjourned).
H.B.
1325 (RTF Download) For actions based on a computer date
failure, this bill would prohibit class action suits, limit action to contract
issues, and allow only the recovery of actual damages in actions where
the plaintiff has not suffered personal injury excluding emotional harm
and where the defendant exercised reasonable efforts to protect against
such failure. (Signed by Governor on 6/14/99).
Oregon
H.B.
3245 (gopher) This bill establishes rules for civil actions
arising out of a computer date failure.
South Dakota (Adjourned)
S.B.
186 This bill provides that in any lawsuit based on any Year 2000 disruption,
evidence of Year 2000 compliance creates a rebuttable presumption that
any injury based on a Year 2000 disruption was not caused by negligence
of the defendant or that, in any action based on breach of contract resulting
from a Year 2000 disruption, failure to perform under the contract was
not the fault of the defendant. (Signed by Governor 3/17/99).
Texas (Adjourned)
H.B.
9 This bill would limit actions based on a computer date failure. (Did
not pass).
H.B.
2652 This bill creates a cause of action for damages against software
providers for failure to recognize and accurately process the year 2000
date change.
S.B.
598 This bill permits actions based in tort, contract, or breach of
express or implied warranty as a result of Year 2000 date failures. (Signed
by Governor 5/20/99).
Virginia (Adjourned)
H.B.
1663 This bill provides that year 2000 "assessments" and "documents"
shall not be actionable solely on those assessments or documents and in
all other causes of actions, year 2000 assessments and documents shall
be discoverable or admissible in evidence to the extent permitted under
applicable laws and rules of evidence and procedure. (Signed by Governor
3/3/99).
S.B.
983 This bill stipulates liability and damages rules for civil actions
based on Year 2000 problems, which includes the action must stand in contract
and no person shall be liable for damages for actions of third parties.
(Enacted on 4/7/99).
S.B.
1013 This bill creates an evidentiary privilege for documents included
in a Year 2000 Assessment if such assessment was conducted during the period
January 1, 1996 to January 1, 2002. (Did not pass).
Wisconsin
A.B.
76 This bill establishes criminal penalties for violations concerning
Year 2000 readiness.
A.B.
107 This bill establishes criminal penalties for violations concerning
Year 2000 readiness.
LIABILITY-RELATED BILLS
TOP
Due Diligence
Connecticut (Adjourned)
S.B. 699
This bill requires all business establishments to take reasonable measures
to ensure their computer systems are year 2000 compliant. (Did not pass).
Hawaii (Adjourned)
H.B.
1111 This bill provides protection for persons who exercise commercially
reasonable efforts to identify and find solutions for computer-based systems
that may be affected by year 2000 errors.
S.B.
1320 This bill provides protection for persons who exercise commercially
reasonable efforts to identify and find solutions for computer-based systems
that may be affected by year 2000 errors. (Did not pass).
Indiana (Adjourned)
S.B.
666 This bill grants officers and directors of a business immunity
from civil liability resulting from a year 2000 problem if business exercised
due diligence in mitigating year 2000 liability. (Did not pass).
Louisiana (Adjourned)
H.B.
382 (PDF Download) This bill provides immunity to any person
who has exercised due diligence with regards a computer's Year 2000 readiness.
Maryland (Adjourned)
S.B. 604
This bill establishes that a person whose product is not year 2000 ready
is liable for any damages proximately caused by the failure and that it
is not a defense that the person exercised due diligence. (Did not pass).
Nebraska (Adjourned).
L.B.
661 This bill provides that the only recoverable damages in a civil
action resulting from a Y2K computer error will be actual damages if all
reasonable efforts were made to protect the computer system from such error.
(Signed by Governor 5/27/99).
Oklahoma (Adjourned).
H.B.
1325 (RTF Download) For actions based on a computer date failure,
this bill would prohibit class action suits, limit action to contract issues,
and allow only the recovery of actual damages in actions where the plaintiff
has not suffered personal injury excluding emotional harm and where the
defendant exercised reasonable efforts to protect against such failure.
(Signed by Governor on 6/4/99).
H.B.
1412 (RTF Download) Businesses shall not be liable for malfunctions
or losses if certain conditions are met. (Did not pass).
Oregon
H.B.
2556 (Gopher) This bill establishes a complete defense under
the Oregon Tort Claims Act if a public body made a good faith effort to
avoid year 2000 failures.
S.B.
268 (Gopher) This bill establishes a complete defense
under the Oregon Tort Claims Act if a public body made a good faith effort
to avoid year 2000 failures. (Signed by Governor).
Vermont (Adjourned)
H.B.
76 This bill immunizes those who have exercised due diligence against
claims arising out of the year 2000 date change. (Held over).
Washington (Adjourned)
S.B.
5767 (FTP) This bill limits actions against businesses who exercise
reasonable efforts to become Year 2000 compliant. (Did not pass).
Wisconsin
A.B.
51 This bill defines "good faith effort" of businesses or individuals
as haven taken specific actions to prevent Year 2000 Failure.
LIABILITY-RELATED BILLS
TOP
Y2K Good Samaritan
Georgia (Adjourned)
H.B.
221 This bill limits the liability of certain computer product sellers
that make available solutions to year 2000 computer problems. (Did not
pass).
Indiana (Adjourned)
S.B.
666 This bill specifies that an exchange in good faith of information
related to year 2000 problems is not an unlawful restraint of trade. (Did
not pass).
Minnesota (Adjourned)
S.F.
2 This bill provides immunity to trade, business, and professional
associations for damages resulting from the collections of year 2000 solution
information. (Substituted by S.F. 1262).
Virginia (Adjourned)
H.B.
1671 This bill provides immunity for tort damages to any person for
injury resulting from disclosing information, in good faith, about the
Year 2000 problem and provides that this bill would not limit liability
for those persons who disclose Year 2000 information for profit or which
is material or false, inaccurate or misleading. (Signed by Governor
3/29/99).
LIABILITY-RELATED BILLS
TOP
Damages and Recovery
Arkansas (Adjourned)
H.B.
2030 This bill abolishes joint and several liability. (Did not pass).
California
A.B.
874 This bill prohibits consequential or punitive damages unless the
claimant has first attempted to resolve the complaint through alternative
dispute resolution.
A.B.
905 This bill provides the exclusive remedy against any person, including
one to recover damages, that results directly or indirectly from supplying
a product that is unable to accurately store, process, provide, or receive
data as a result of a year 2000 problem.
A.B.
999 This bill requires any action arising out of a year 2000 computer
claim be based in contract, the liability be several and apportioned among
the defendants, there be a limit on class action suits and specifies discovery
and pleading procedures.
A.B.
1281 This bill prohibits consequential or punitive damages regarding
the year 2000 problem unless the claimant has first attempted to resolve
the complaint through alternative dispute resolution.
Colorado (Adjourned)
H.B.
1190 This bill limits the liability of financial service providers
in civil actions relating to the Year 2000 problem to actual damages; prohibits
punitive damages and liability based on privity of contract. (Did not
pass).
H.B.
1295 (Signed into law 4/5/99). This bill limits damages recoverable
in a civil action arising out of a Year 2000 failure to actual damages.
Florida (Adjourned)
H.B.
1523 This bill provides for punitive damages under specified circumstances
in claims arising out of Year 2000 computer problems. (Did not pass)
S.B.
80 This bill limits damages to those available under breach of contract
and prohibits recovery of damages that could have been avoided or mitigated.
(Did not pass).
Hawaii (Adjourned)
H.B.
1111 This bill restricts the damages recoverable in a claim arising
out of the year 2000 date change.
S.B.
1320 This bill prohibits a limit on the amount for non-economic damages
and prohibits consequential damages in cases of personal injury. (Did
not pass).
Illinois
S.B.
890 This bill provides that no Illinois Financial institution,
as defined, shall be liable to any person for actual or consequential damages
in an action alleging the failure of a computer system.
Kansas (Adjourned)
H.B.
2185 This bill restricts civil actions arising out of the year 2000
date change to individual actions based solely in contract and shall only
allow recovery of actual damages. (Did not pass).
Louisiana (Adjourned)
H.B.
382 (PDF Download) This bill prohibits recovery of direct or
indirect damages resulting from the Year 2000 date change to economic damages.
Maryland (Adjourned)
S.B. 604
This bill establishes that a person whose product or service is not year
2000 ready is liable for any damages proximately caused by the failure
of the product or service to be year 2000 ready and denies a defense of
due diligence. (Did not pass).
Minnesota (Adjourned)
H.F.
964 In product liability action for failure of Y2K processing, damages
that may be recovered are limited to damages for economic loss. (Held
over).
Missouri (Adjourned)
S.B.
482 This bill limits damages recoverable in an action based on Year
2000 non-compliance to compensatory damages and punitive damages in cases
of intentional misrepresentation but not more that twice the compensatory
amount. (Did not pass).
Nebraska (Adjourned)
L.B.
661 This bill limits damages for Y2K computer date failure to actual
damages based in contract provided that the defendant either used reasonable
efforts or complied with applicable federal standards for preventing such
computer failure. (Signed by Governor on 5/27/99).
New Jersey
A.B.
2666 Provides that an action, including one to recover damages,
due to year 2000 errors shall be based solely in contract when the defendant
used reasonable efforts to detect, disclose, prevent, report on or remedy
year 2000 computer date failure
New Mexico (Adjourned)
H.B.
697 This bill limits the amount of damages recoverable from a
governmental entity for actions arising out of a computer failure. (Did
not pass).
North Carolina
S.B.
1005 This bill prohibits consequential or punitive damages and limits
the total damages recoverable to actual damages in claims arising out of
the Year 2000 date change.
Oklahoma (Adjourned)
H.B.
1325 (RTF Download) For actions based on a computer date failure,
this bill prohibits class action suits, limits action to contract issues,
and allows only the recovery of actual damages in actions where the plaintiff
has not suffered personal injury excluding emotional harm and where the
defendant exercised reasonable efforts to protect against such failure.
(Signed by Governor on 6/4/99).
Pennsylvania
H.B.
1258 This bill allows recovery of direct damages as a result of a computer
date failure and prohibits consequential and punitive damages.http://www.legis.state.pa.us/WU01/LI/BI/ALL/1999/0/SB0316.HTM
S.B.
316 This bill allows recovery of direct damages as a result of a computer
date failure and prohibits consequential and punitive damages.
Rhode Island (Adjourned)
S.B.
263 This bill limits the type of damages recoverable in an action
arising out of the Year 2000 date change to direct damages and prohibits
inconsequential damages. (Did not pass).
South Carolina (Adjourned)
H.B. 3759
This bill allows recovery of economic loss and reasonable attorney's fees
by a person in privity of contract with defendant in a claim arising out
of the Year 2000 date change.
S.B. 625 This
bill allows recovery of economic loss and reasonable attorney's fees by
a person in privity of contract with defendant in a claim arising out of
the Year 2000 date change. (Did not pass).
S.B. 658
This bill allows recovery of economic loss and reasonable attorney's fees
by a person in privity of contract with defendant in a claim arising out
of the Year 2000 date change. (Did not pass).
Tennessee (Adjourned)
H.B.
808 (PDF Download) This bill prohibits punitive damages unless
plaintiff proves the economic damages suffered resulted from intentional
behavior.
Texas (Adjourned)
H.B.
40 This bill limits damage recovery resulting from a computer failure
to damages resulting from personal injury or wrongful death and costs reasonably
incurred to reprogram or replace the computer network. (Did not pass).
Virginia (Adjourned)
S.B.
983 This bill limits the damages recoverable for economic loss in connection
with the Year 2000 date change. (Enacted 4/17/99).
Washington (Adjourned)
S.B.
5889 (FTP) In an action against a state agency for damages caused
by the Y2K problem, the state agency is severally liable only except in
any action for damages arising from bodily personal injury, to wrongful
death and survival actions, or to actions arising after December 31, 2003.
(Held over).
LIABILITY-RELATED BILLS
TOP
Government Immunity
Alabama (Adjourned)
S.B.
12 This bill immunizes government entitles and public officials against
damages which may be a result of the year 2000 date change. (Did not
pass).
S.B.
270 This bill immunizes government entities, public officials and independent
contractors against liability for computer failures as a result of the
year 2000 date change.
H.B.
299 This bill immunizes governmental entities and public officials
for computer failures or malfunctions due to the year 2000 date change.
Alaska (Adjourned)
H.B.
57 This bill immunizes any governmental entity and its agents or officers
for any damages caused directly or indirectly by a computer failure arising
out of the year 2000 date change unless clear and convincing evidence shows
the state did not act in good faith to prevent the failure. (Held over).
S.B.
37 This bill immunizes the state and municipalities for acts or omissions
occurring within the scope of employment, or for damages caused directly
or indirectly by a failure in connection with the year 2000 date change.
(Held over).
Arkansas (Adjourned)
H.B.
1968 This bill immunizes the State for any action arising out of computer
failures due to the Year 2000 date change. (Signed by Governor on 4/19/99).
Colorado (Adjourned)
H.B.
1136 This bill extends the Governmental Immunity Act to cover
all claims against a public entity for injury arising from the year 2000
date change. (Did not pass)
Connecticut (Adjourned)
H.B. 5995
This bill holds harmless municipalities for negative impacts from year
2000 problems. (Did not pass).
District of Columbia
Bill 12-732 (DC's Y2K Home
Page) This bill immunizes the local government for any action arising
out of Year 2000 equipment failures.
Florida (Adjourned)
S.B.
80 Defines scope of liability that governmental entities face for damages
caused by year 2000 failures. (Signed into law).
H.B.
1523 This bill expands the State's Sovereign Immunity statute to include
damages caused by gross negligence. (Did not pass).
Hawaii (Adjourned)
H.B.
1105 This bill immunizes the government concerning Y2K computer problems
and expands the time frame during which the government will be immune.
(Did not pass).
H.B.
1112 This bill relates to claims against the government based on year
2000 errors by computer-based systems. (Did not pass).
S.B.
1313 This bill immunizes the government concerning Y2K computer problems
and expands the time frame during which the government will be immune.
(Did not pass).
S.B.
1319 This bill relates to claims against the government based on year
2000 errors by computer-based systems. (Did not pass).
Idaho (Adjourned)
S.B. 1065
This bill limits the liability of governmental entities for year 2000 computer
problems. (Tabled).
Illinois
H.B.
1887 This bill amends a current Immunity Act to
include that a public entity is not liable for failing to provide any public
service on account of any disruptions caused by year 2000 date change and
does not provide for a cause of action stated that a computer owned by
local public entity produced or otherwise calculated an incorrect date.
Indiana (Adjourned)
H.B.
1559 This bill grants immunity to the State and any employee of the
State from tort and contract liability that is caused by an error resulting
from or caused by a failure to recognize the year 1000, 2000 or any subsequent
year. (Did not pass).
S.B.
94 This bill grants immunity to the State and any employee of the State
from tort and contract liability that is caused by an error resulting from
or caused by a failure to recognize the year 1000, 2000 or any subsequent
year. (Signed by Governor 5/5/99).
Iowa (Adjourned)
H.F.
234 This bill immunizes the State from claims arising out of Year 2000
computer failures if the loss was not foreseeable or if the loss was foreseeable
but there was a plan or design in place for anticipating such losses. (Held
over).
L.S.B. 1083 (text not available) 1083 Relates
to year 2000 liability for public sector
Kansas (Adjourned)
H.B.
2281 This bill states that no action may be brought against
a governmental entity or employee for indirect or consequential damages
caused in whole or in part by the year 2000 date change. (Did not pass).
Louisiana (Adjourned)
S.B.
933 This bill immunizes governmental entities in any action for injury
or lass resulting directly or indirectly from a computer date failure provided
that the state exercised due diligence.
S.B.
969 This bill immunized the state and its entities, including independent
contractors, for any problems resulting in the Year 2000 date change.
Maine (text not available)
H.B. 825 This bill immunizes governmental entities against claims
arising out of failures or malfunctions related to year 2000 compliance
problems. (Signed by Governor 5/27/99).
S.B. 232 This bill immunizes governmental entities against claims
arising out of failures or malfunctions related to year 2000 compliance
problems. (Signed by Governor 5/27/99).
Maryland (Adjourned)
H.B. 8
This bill provides a remedy for government for damages caused by the failure
of information technology products because of year 2000 date change. (Vetoed
by Governor 5/12/99)
H.B. 901
This bill immunizes local and state governments against claims arising
out of the year 2000 date change, except against wrongful death actions.
S.B. 232
This bill immunizes local and state governments against claims arising
out of the year 2000 date change, except for wrongful death or personal
injury.
S.B. 554
This bill provides a remedy for government for damages caused by the failure
of information technology products because of year 2000 date change. (Did
not pass).
Massachusetts
H.B.
2651 This bill relates to actions brought against public employers
for declaratory or injunctive relief because of the year 2000 computer
problem.
S.B.
834 This bill limits the State's liability for year 2000 problems.
Michigan
H.B.
4496 This bill immunizes municipal corporations engaged in the exercise
of a government function against claims arising out of a computer failure.
H.B.
4588 This bill immunizes the state and its entities against liability
from year 2000 computer problems.
Minnesota (Adjourned)
H.F.
73 This bill prohibits any cause of action to be maintained against
a state agency for damages or harm resulting from the collection of year
2000 solution information or the publication of that information.
S.F.
2 This bill provides immunity to State agencies for collecting or publishing
year 2000 solution information. (Substituted by S.F. 1262 on 4/12/99).
S.B.
299 This bill immunizes the state and municipalities if they have identified
the Year 2000 problem and made reasonable efforts to correct the problem.
Mississippi (Adjourned)
H.B.
658 This bill immunizes state and its political subdivisions from liability
arising out of the Year 2000 date change. (Did not pass).
Missouri (Adjourned)
H.B.
978 This bill provides officers or employees of the State with immunity
from civil liability for losses caused by a computer system's malfunction
relating to the processing of dates. (Did not pass).
Montana (Adjourned)
S.B.
16 This bill immunizes government entities from actions arising out
of any failure or error resulting from the Millennium Bug. (Did not
pass).
Nebraska (Adjourned)
L.B.
160 This bill limits government liability as relating to contractors
to those causes and remedies available in contract. (Held over).
L.B.
254 This bill immunizes government contractors for any claim arising
out of the year 2000 date change. (Held over).
L.B.
282 This bill immunizes government entities from civil actions arising
out of the year 2000 date change but does not apply to contractors. (Held
over).
L.B.
699 This bill immunizes governmental entities and their employees for
damages caused in whole or in part by the year 2000 date change. (Held
over).
New Hampshire (Adjourned)
H.B.
605 This bill affirms sovereign immunity as it relates to the State's
computers and computer software and programs and grants the State Board
of Claims jurisdiction over claims against arising out of computer-related
problems, including the year 2000 problem.
New Mexico (Adjourned)
S.B.
563 This bill immunizes the State and its employees against
actions arising out of a failure or malfunction of a computer affected
by the Year 2000 date change. (Did not pass).
New Jersey
A.B.
2511 This bill immunizes public entities from actions arising out of
the failure of a computer device because of the year 2000 date change.
S.B.
1421 This bill immunizes public entities from actions arising out of
the failure of a computer device due to the year 2000 date change.
New York
A.B.
7473 This bill immunizes Saratoga County against a breach of contract
claim caused by an incorrect date produced by a computer.
S.B.
1218 This bill provides immunity to the State and any agency, department
or subdivision from any civil liability for breach of contract caused by
an incorrect date produced by a computer or information system.
North Carolina
H.B.
1130 This bill declares the State has not waived its sovereign
immunity from any claim arising from a computer failure.
North Dakota (Adjourned)
H.B. 1037(PDF
Download) This bill limits the State's liability for failure to become
year 2000 compliant. (Signed into law 4/19/99).
Ohio
H.B.
295 This bill immunizes the State against claims arising out of the
Year 2000 date change.
Oklahoma (Adjourned)
H.B.
1413 (RTF download) This bill amends the Governmental
Tort Claims Act to immunize government from claims arising out of the year
2000 date change. (Did not pass).
H.B. 1325(RTF
download) his bill grants immunity to the state. (Signed by
Governor 6/4/99).
Oregon
H.B.
2556 (Gopher) This bill establishes a complete defense
under the Oregon Tort Claims Act for year 2000 failure of automated systems
if the public body made good faith efforts to avoid year 2000 failures.
S.B.
268 (Gopher) This bill establishes a complete defense
under the Oregon Tort Claims Act for year 2000 failure of automated systems
if the public body made good faith efforts to avoid year 2000 failures.
Pennsylvania
S.B.
316 This bill immunizes a commonwealth party for damages arising out
of a negligent act which causes or fails to prevent a computer date failure.
Rhode Island (Adjourned)
H.B.
5040 This bill immunizes the State and its entities from suits or claims
arising out of the year 2000 computer problems.
H.B.5817
This bill immunizes the state and all political subdivisions from claims
resulting from certain computer failures.
South Carolina (Adjourned)
H.B. 3017 This
bill immunizes contractors, officers or employees of the state against
claims arising out of a computer date failure. (Did not pass).
S.B. 261 This
bill immunizes the State and its entities from any loss resulting from
a Year 2000 computer or automations device unless the governmental entity
negligently constructed or programmed the device itself. (Did not pass).
South Dakota (Adjourned)
S.B.
62 This bill limits the liability of state and local government agencies
and their employees for Year 2000 litigation.
Tennessee (Adjourned)
H.B.23
(PDF Download) This bill grants governmental immunity for injuries
arising out of Y2K malfunctions of computer software or device due to failure
to recognize or compensate for dates or times if failure is unforeseeable
or correction plan reasonable before December 31, 2005. (Held over).
H.B.
193 (PDF Download) This bill provides immunity to State
and its employees for injury arising from Y2K compliance failure. (Held
over).
H.B.
277 (PDF Download) This bill provides immunity from under Governmental
Tort Liability Act for any injury caused by computer system or software
because of inability to process Year 2000 date. (Held over).
H.B.
1862 (PDF Download) This bill immunizes State government from
tort claims arising out of data calculation errors caused by any computer
system or software program's inability to process year 2000 date. (Substituted
by S.B. 1738).
S.B.
19 (PDF Download) This bill immunizes State Government for injuries
arising out of Y2K malfunctions of computer software or device due to failure
to recognize or compensate for dates or times if failure is unforeseeable
or the correction plan reasonable before December 31, 2005. (Held over).
S.B.
189 (PDF Download) This bill provides immunity from suit
under Tennessee Governmental Tort Liability Act for any injury caused by
a computer system or software because of inability to process year 2000
date. (Held over)
S.B.
225 (PDF Download) This bill provides immunity to the
State and its employees for injuries arising from Y2K compliance failure.
(Held over).
S.B.
1783 (PDF Download) This bill immunizes State government
from tort claims arising out of data calculation errors caused by any computer
system or software program's inability to process the year 2000 date. (Passed
Senate and House).
Utah (Adjourned)
H.B.
189 This bill grants immunity to the State government for any injury
which results from the exercise of a governmentally-owned hospital or other
approved medical facility. (Did not pass).
Vermont (Adjourned)
H.B.
76 This bill prohibits suits to be brought against any public entities
based on incorrect computer dates. (Held over)
S.B.
167 This bill prohibits claims against State or local municipalities
arising out of the Year 2000 date change unless the suit alleges gross
negligence. (Held over)
Virginia (Adjourned)
H.B.
2706 This bill provides immunity to the Commonwealth's agencies and
its employees thereof from civil claims based on incorrect dates caused
by the year 2000 date change. (Vetoed by Governor on 5/7/99).
H.B.
1669 (Enacted 4/7/99) This bill provides that tort actions may
not be brought against counties, cities, towns, or other political subdivisions,
or employees or officers thereof based upon the failure of a computer,
software program, database, network, information system, firmware, or other
device to interpret, produce, calculate, generate, or account for a date
which is compatible with the "year 2000" date change but excludes acts
or omissions constituting gross negligence or willful misconduct.
H.B.
2158 (Enacted 4/7/99) This bill provides that civil actions
may not be brought against any employee or officer of the Commonwealth
based upon failure of a computer, software program, database, network,
or information system to generate a date that is inconsistent with the
year 2000 date change.
Washington (Adjourned)
H.B.
2015 (FTP) This bill immunizes the state from the first
$100 of liability per claimant arising from the year 2000 problem and provides
that the State is severally, not jointly liable for damages arising from
the year 2000 problem. (Signed by Governor 5/17/99).
H.B.
2093 (FTP) This bill provides immunity for state and local government
agencies and their employees for harm caused by incorrectly calculated
or interpreted dates associated with the Year 2000 date change. (Did
not pass).
S.B.
5889 (FTP) This bill immunizes a state agency for the first
$100 of damages per claimant. (Held over)
Wisconsin
A.B.
19 This bill prohibits recovery of any damages in suits against state
and local governments or its employees for problems arising out of the
year 2000 date change.
Wyoming (Adjourned)
H.B.
300 This bill provides that a governmental entity and its public employees,
while acting within the scope of duties, are immune from civil action arising
out of the Y2K date change. (Signed by Governor 3/2/99).
S.F.
83 This bill provides that a governmental entity and its public employees,
while acting within the scope of duties, are immune from civil action arising
out of the Y2K date change. (Did not pass).
LIABILITY-RELATED BILLS
TOP
Business immunity
Alaska (Adjourned)
H.B.
82 This bill provides that business of members of the Board of Directors
shall not be liable for problems arising out of the year 2000 date change
so long as they took certain steps in an effort to avoid Year 2000 related
problems. (Transmitted to Governor on 6/14/99).
Arizona (Adjourned)
S.B.
1057 This bill prohibits foreclosure or default on a person or entity
for failure to timely process any information, data, payment or transfer
if the failure is directly due to malfunction of computer due to year 2000.
(Did not pass)
S.B.
1294 Relates to liability for year 2000 failures. (Signed by Governor
4/26/99).
California
A.B.
1569 This bill provides immunity from tort liability and claims for
breach of implied warranty to suppliers of computer products arising from
the failure or malfunction of those products due to the Year 2000 Problem.
Connecticut (Adjourned)
S.B. 592
This bill requires insurance companies to offer policies to businesses
which would indemnify against potential loss arising out of the year 2000
computer problem. (Did not pass).
Georgia (Adjourned)
H.B.
221 This bill would limit the liability of certain computer product
sellers that make available solutions to year 2000 computer problems. (Carried
over).
Hawaii (Adjourned)
S.B.
757 Provides immunity to private persons and businesses from suits
arising out of failure or error from a computer system after a specified
date as a result of the systems not being year 2000 compliant. (Held
over).
Illinois
S.B.
890 This bill provides that no Illinois financial institution
shall be liable to any person for actual or consequential damages in an
action alleging the failure of a computer system
Indiana (Adjourned)
S.B.
666 This bill grants officers and directors of a business immunity
from civil liability resulting from a year 2000 problem if business exercised
due diligence in mitigating year 2000 liability. (Did not pass).
Iowa (Adjourned)
S.F.
405 This bill prohibits actions against financial institutions after
December 31, 2001 for claims arising out of the Year 2000 date change.
(Vetoed by Governor 4/26/99).
S.S.B.
1136 This bill provides a financial institution shall not be held liable
to parties not in privity of contract with such financial institution and
shall only be liable for actual damages incurred by reason of a Y2K problem.
Louisiana (Adjourned)
H.B.
382 (PDF Download) This bill provides immunity to persons who
have exercised due diligence in accessing whether a product is Year 2000
compliant.
Maryland (Adjourned)
H.B. 8
This bill limits the liability of businesses to actions arising out of
contract. (Veoteed on 5/12/99).
S.B. 554
This bill limits the liability of businesses to actions arising out of
contract. (Did not pass).
Minnesota (Adjourned)
H.F.
73 This bill prohibits a cause of action to be held against an association
for damages or harm resulting from the collection of year 2000 solution,
information or the publication of that information.
S.F.
2 This bill provides immunity to trade, business, and professional
associations for damages resulting from the collections of year 2000 solution
information.
S.F.
1321 This bill precludes certain actions that arise as a result of
year 2000 problems.
New Mexico (Adjourned)
S.B.
474 This bill prohibits any action for harm caused by a computer date
failure against any person, unless the action alleges with specificity
the defect or inadequacy of the computer product and the actual damages
resulting therefrom. (Did not pass).
North Carolina
S.B.
1005 This bill immunizes against claims brought by those not in privity
of contract, beneficiaries of a trust administered by the defendant, nor
any person to whom an express warranty has been extended by such person.
North Dakota (Adjourned)
S.B. 2303(PDF
Download) This bill provides that a federally insured financial institution
or credit union is not liable for disruptions caused by the Year 2000 date
change. (Signed by Governor on 3/15/99).
Oklahoma (Adjourned)
H.B.
1412 (RTF Download) This bill immunizes a business against liability
for any failure or malfunction caused directly or indirectly by the Year
2000 date change. (Held over).
South Dakota (Adjourned)
S.B.
186 (signed by Governor 3/17/99) This bill provides that
no person shall be liable for losses from any failure or malfunction occurring
on or before December 31, 2002, which is caused directly or indirectly
by the failure of computer software.
Texas (Adjourned)
H.B.
2652 This bill exempts software providers from liability if they reasonably
believed the appropriate measures had been taken to avoid any computer
failure due to the Year 2000 date change.
Vermont (Adjourned)
S.B.
167 This bill limits liability for businesses to remedies in contract
but only if the business exercised reasonable care to prevent the computer
date failure. (Held over).
Virginia (Adjourned)
H.B.
1671 This bill provides immunity for any person for injury resulting
from disclosing information, in good faith, about the year 2000 date change.
(Signed by the governor).
Washington (Adjourned)
S.B.
5767 This bill immunizes a business and its officers against indirect
or consequential damages caused in whole or in part by the Year 2000 date
change. (Did not pass).
LIABILITY-RELATED BILLS
TOP
Medical Immunity
California
A.B.
660 This bill allows a pharmacist to refill a prescription of a person
if the pharmacist reasonably believes that the person is unable to obtain
renewal of the prescription because of problems caused by computer failures
arising from the year 2000 date change.
Colorado (Adjourned)
S.B.
222 This bill establishes the standard of care for hospitals in case
of a year 2000 computer problem, limits damages to actual damages, and
creates an affirmative defense for hospitals that make reasonable efforts
to avoid or correct a year 200 computer problem. (Signed by Governor
4/5/99).
Connecticut (Adjourned)
H.B. 5104
This bill will ensure that hospital computers and equipment are in year
2000 compliance. (Did not pass).
S.B. 51
This bill will ensure that the year 2000 computer problem is addressed
with the nonprofit vendors providing services to clients with mental retardation.
(Did not pass).
S.B. 401
This bill protects patients from Year 2000 problems in managed care organizations
and pharmacy computers. (Did not pass).
Hawaii (Adjourned)
H.B.
1149 This bill proposes emergency appropriations moneys to ensure the
systems and equipment of the Hawaii Health Systems Corporation are Year
2000 compliant.
S.B.
1031 This bill proposes emergency appropriations moneys to ensure the
systems and equipment of the Hawaii Health Systems Corporation are Year
2000 compliant.
Massachusetts
H.B.
4099 This bill provides immunity to hospitals and health care
workers against claims arising out of the year 2000 date change.
H.B.
4100 This bill limits the liability of hospitals and health systems
due to certain year 2000 computer system failures.
S.B.
503 This bill limits the liability of hospitals and health systems
from year 2000 systems failures that occur despite appropriate actions.
S.B.
504 This bill limits the liability of hospitals and health systems
with regard to year 2000 preparedness.
Tennessee (Adjourned)
H.B.
1098 (PDF Download) This bill authorizes the commissioners
of health and finance and administration to issue directly to TennCare
providers interim or advanced payments for services provided, if providers
experience excessive delays from MCO's because of Y2K computer problems.
(Carried over).
S.B.
719 (PDF Download) This bill authorizes the commissioners
of health and finance and administration to issue directly to TennCare
providers interim or advanced payments for services provided, if providers
experience excessive delays from MCO's because of Y2K computer problems.
(Carried over).
LIABILITY-RELATED BILLS
TOP
Citizen Immunity
Hawaii (Adjourned)
S.B.
757 Provides immunity to private persons and businesses from suits
arising out of failure or error from a computer system after a specified
date as a result of the systems not being year 2000 compliant. (Held
over).
New Mexico (Adjourned)
S.B.
474 This bill prohibits any action for harm caused by a computer
date failure against any person, unless the action alleges with specificity
the defect or inadequacy of the computer product and the actual damages
resulting therefrom. (Did not pass).
South Dakota (Adjourned)
S.B.
186 This bill provides that no person shall be liable for losses
from any failure or malfunction occurring on or before December 31, 2002,
which is caused directly or indirectly by the failure of computer software.
(Signed by Governor 3/17/99).
LIABILITY-RELATED BILLS
TOP
Y2K COMMITTEES
Alabama (Adjourned)
H.J.R.
10 Creates the joint interim legislative committee to evaluate and
make recommendations on the potential year 2000 computer system problems
in state governments.
E.O. 3 This Order provides for the creation of a task force to address
the potential problem of the Year 2000 date change.
Colorado (Adjourned)
E.O.
17 This Order establishes the Colorado 200 Conference to facilitate
the coordination, communication, and synchronization of year 2000 preparedness
strategies among critical government and industry service sectors within
the State.
Delaware (Adjourned)
E.O. 58 This Order establishes the Year 2000 Contingency Planning
and Coordinating Council to coordinate contingency planning efforts associated
with possible disruptions resulting from Y2K problems.
Hawaii (Adjourned)
H.B.
823 This bill creates a joint legislative Y2K compliance to serve as
a statewide clearinghouse for Y2K compliance problems.
Maine
E.O. 1 This Order establishes a Task Force to increase broader
public and private awareness of Year 2000 computer problems.
Maryland
E.O.
11 This bill creates the Governor's Year 2000 Readiness Task force
E.O.
15 This bill creates the Governors Year 2000 Readiness Task Force.
E.O.
16 This bill creates the Governor's Year 2000 Technical Preparedness
Task Force
E.O.
17 This bill creates the Governor's Year 2000 Public Information Task
Force.
New Hampshire
E.O.1 This Order establishes a Year 2000 Preparedness Task Force.
Vermont (Adjourned)
S.B.
114 This bill establishes a joint legislative Y2K compliance oversight
committee to monitor the state's Y2K efforts.
Virginia (Adjourned)
E.O. 33 This Order provides for the composition of the Commission
on Information Technology and states that it is the responsibility of the
Secretary of Technology to advise the Governor on the implementation of
a statewide information technology initiative including work force training
and education.
LIABILITY-RELATED BILLS
TOP
CONSUMER PROTECTION
Consumer Protection
Price Freeze / Regulation
Insurance
Consumer Protection
Arizona (Adjourned)
S.B.
1057 This bill prohibits foreclosure, default or any adverse action
against a person who fails to accurately or timely process any information,
data or payment if the failure is due directly or indirectly to the year
2000 date change. (Did not pass).
California
S.B.
317 This bill requires that any Financial institution that has a year
2000 problem which causes a consumer to suffer a fee, charge or penalty
to be responsible for the fee, charge or penalty.
Colorado (Adjourned)
S.B.
170 This bill protects citizens against adverse financial consequences
resulting from electronic computing device failures associated with year
2000 date changes. (Signed into law 4/8/99).
Connecticut (Adjourned)
H.B. 5296
This bill provides that the failure of a public service company to become
Y2K compliant shall be deemed an unfair or deceptive practice. (Did
not pass).
H.B. 5702
This bill prohibits the eviction of tenants dependant on government checks
due to the consequence of the failure of a government agency to solve the
year 2000 problem. (Did not pass).
S.B. 401
This bill protects medical patients from year 2000 problems in managed
care organizations and pharmacy computers. (Did not pass).
Florida
H.B.
1523 This bill prescribes the exclusive remedy against persons, businesses,
and governmental agencies for damages caused by failure of their information
technology resources to function properly.
Hawaii (Adjourned)
S.B.
1598 This bill prohibits foreclosure, defaults, or adverse action on
various financial transactions and prohibits adverse or enforcement action
on these matters as a result of Y2K problems.
Illinois
H.B.
487 This bill prohibits a person or entity from initiating any foreclosure
proceeding or other adverse action in certain matters against any person
who is unable to pay which is due to the year 2000 date change.
S.B.
220 This bill provides that periodic statements
of balances and activities for consumer deposit accounts issued must include
a notice of possible errors concerning the account because of year 2000
computer problems.
Maryland (Adjourned)
H.B. 8
This
bill establishes remedies for consumers for damages caused by the failure
of information technology products because of year 2000 date change. (Vetoed
by Governor on 5/12/99).
S.B. 554
This bill establishes remedies for consumers for damages caused by the
failure of information technology products because of year 2000 date change.
(Did not pass).
Michigan
H.B.
4587 This bill prohibits political subdivisions from charging interest
or collect fines from person whose arrears were caused by a billing error
by a computer date error.
Minnesota (Adjourned)
H.F.
2337 This bill creates an affirmative defense against any claim
due to default, breach or other violation caused by the Year 2000 date
change. (Substituted by S.F. 1262).
S.F.
1321 This bill prohibits a credit reporting agency from reporting negative
credit information resulting from a computer failure.
Mississippi (Adjourned)
S.B.
2143 (Vetoed on 4/23/99). This bill revises the eligibility
and services reimbursement for Medicaid assistance program to provide for
a contingency plan in the event of problems associated with the year 2000
date change.
New Jersey
A.B.
2741 This bill requires certain state chartered banks and other financial
institutions to report to consumers concerning year 2000 readiness.
New Mexico (Adjourned)
S.B.
620 This bill provides for protection of consumers when computer date
failure is the cause of certain actions taken or not taken by parties to
commercial transactions. (Did not pass).
New York
A.B.
1949 This bill requires banks and trust companies to provide certain
information upon request to clients regarding accounting errors and the
steps taken to rectify such errors in the accounts of clients which are
caused by the year 2000 computer errors.
A.B.
7094 This bill protects persons from civil action or foreclosure brought
because of a year 2000 associated computer failure.
S.B.
1249 This bill requires financial institutions to provide certain information
to clients upon request regarding steps taken to rectify Year 2000 potential
problems.
S.B.
4181 This bill protects persons from civil action or foreclosure brought
because of a year 2000 associated computer failure.
North Carolina
S.B.
1074 This bill creates an affirmative defense against any claim due
to default, breach or other violation caused by the Year 2000 date change.
North Dakota (Adjourned)
S.B. 2303(PDF
Download) This bill relates to the liability of financial institutions
and credit unions for malfunctions or failures of computer or other electronic
systems as the result of a year 2000 disruption. (Signed by Governor
on 3/15/99).
South Carolina (Adjourned)
H.B. 3901
This bill creates an affirmative defense against any claim due to default,
breach or other violation caused by the Year 2000 date change. (Did
not pass).
S.B. 625 This
bill gives an individual an affirmative defense if the individual establishes
that a default, or failure to pay, or other violations were caused by a
Y2K problem. (Did not pass).
S.B. 658 This
bill provides for the recovery of a claim for a person who suffers an economic
loss as a result of the year 2000 problem.
Tennessee (Adjourned)
H.B.
808 (PDF Download) This bill prohibits any foreclosure
or adverse action to be brought against someone because of a failure to
pay which was caused by a year 2000 computer problem.
H.B.
1428 (PDF Download) This bill prohibits any foreclosure or adverse
action to be brought against someone because of a failure to pay which
was caused by a year 2000 computer problem. (Held over).
S.B.
949 (PDF Download) This bill prohibits any foreclosure, proceeding,
default, or other adverse action against a person due to the failure of
an electronic computing device as a result of the Y2K date change. (Substituted
by H.B. 808).
S.B.
1658 (PDF Download) This bill prohibits any foreclosure, proceeding,
default, or other adverse action against a person due to the failure of
an electronic computing device as a result of the Y2K date change. (Did
not pass).
Washington (Adjourned)
H.B.
2015 This bill creates an affirmative defense to any claim if the person
establishes the default was caused in whole or in part by a Year 2000 date
failure. (Signed by Governor on 5/17/99).
S.B.
6035 This bill establishes an affirmative defense to any claim or action
if it is established that the alleged violation was caused in whole or
in part by a Y2K computer failure. (amended into H.B. 2015).
West Virginia (Adjourned)
H.B. 2298 (Text not available) This bill provides remedies
for damages caused by the failure of technology with regards to the Year
2000 date change. (Did not pass - legislature adjourned 3/13/99).
(Did not pass).
CONSUMER PROTECTION
TOP
Price Freeze / Regulation
California
A.B.
1024 This bill provides that between November 1, 1999 and February
29, 2000, it is unlawful for any person, contractor, business, or other
entity to sell any consumer food items or specified food items or specified
goods or services for a price of more than 10% above the price charged
by that person for those goods or services immediately prior to November
1, 1999.
Hawaii (Adjourned)
S.B.
1209 This bill allows the Governor to impose a price freeze on food
products, water, and gasoline sold in Hawaii from December 1, 1999 to January
31, 2000 if the Governor determines disruptions sue to year 2000 compliance
problems an emergency.
CONSUMER PROTECTION
TOP
Insurance
Connecticut (Adjourned)
S.B. 592
This bill requires the offer of liability insurance to cover business losses
caused by the year 2000 date change. (Did not pass).
New York
A.B.
7538 This bill requires insurers to notify affected policyholders that
computer programming errors are excluded from coverage.
S.B.
4019 This bill requires insurers to notify affected policyholders that
computer programming errors are excluded from coverage.
Ohio
H.C.R.
12 This bill provides that the General Assembly finds it in the public
interest to give legislative consideration to the goal of allowing insurers
to concentrate their resources to address any Year 2000 problems.
North Carolina
S.B.
839 This bill requires insurers to inform the Insurance Commissioner
it cannot process or submit claims for services in a timely manner.
CONSUMER PROTECTION
TOP
EMERGENCY MEASURES
California
A.B.
724 This bill allows the Governor to declare a state of emergency and
appropriates funds for emergency measures. (Signed by
Governor 10/7/99)
A.B.
1024 This bill provides that between November 1, 1999 and February
29, 2000, it is unlawful for any person, contractor, business, or other
entity to sell any consumer food items or specified food items or specified
goods or services for a price of more than 10% above the price charged
by that person for those goods or services immediately prior to November
1, 1999.
Connecticut
S.B. 490
This
bill establishes specific emergency measures that may be necessary if Year
2000 computer compliance problems rise to the level of catasptrophe.
Hawaii (Adjourned)
S.B.
1208 This bill creates a temporary Y2K emergency preparedness task
force within the Department of Defense to examine vulnerable areas, develop
a response, and administer an emergency fund.
S.B.
1209 This bill allows the Governor to impose a price freeze on food
products, water, and gasoline sold in Hawaii from December 1, 1999 to January
31, 2000 if the Governor deter
Minnesota (Adjourned)
H.F.
73 This bill enables the Governor may declare an emergency only to
the extent that actual or potential failure of computers or electronically
controlled devices creates an actual or imminent threat of catastrophic
loss to property or the environment.
Virginia (Adjourned)
H.B.
1662 (signed by Governor 3/17/99) This bill deems procurements
of goods and services to remediate computers which are not compliant with
the year 2000 date change as emergency procurements.
Wisconsin
A.B.
77 This bill authorizes the activation of the national guard for public
disasters related to the Year 2000 computer issues.
A.B.
106 This bill authorizes the activation of the national guard for public
disasters related to the Year 2000 computer issues.
TOP
HOLIDAY
Illinois
H.J.R
8 This bill declares August 1, 1999 Year 2000 Preparedness
Day.
Virginia (Adjourned)
H.B.
2153 (signed by Governor 3/17/99) This bill provides a three
day weekend almost completely within Year 2000 to permit the State agencies
to deal with any computer glitches which may arise as a result of the century
date change.
TOP
PRESCRIPTION DRUGS
California
A.B.
660 Permits refill a prescription of a person if the pharmacist
reasonably believes that the person is unable to obtain a renewal of the
prescription because of problems caused by computer failures arising from
the inability of computers to properly handle dates after January 1, 2000,
... to prevent harm to the person."
A.B.
724 This bill enables Pharmacists to refill prescriptions sufficient
for a period of up to 60 days. (Signed by
Governor 10/7/99)
Connecticut (Adjourned)
S.B.
401 Requires managed care organizations to provide for patients who
are receiving long-term, chronic or continuous coverage for prescriptive
drugs to be given in December 1999 or at the monthly prescription renewal
date at least a three month supply of any such prescriptions necessary
for their health in anticipation of problems with pharmacy computers. (Did
not pass).
Georgia (Adjourned)
H.B.
271 Creates a one-time requirement to enable patients to obtain
prescriptions "sufficient to continue the treatment at least until March
31, 2000." (Carried over).
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