SB 0482 Provides remedies for businesses that cause harm due to year 2000 non-compliance
LR Number:S1464.04I Fiscal Note:1464-04
Committee:Civil and Criminal Jurisprudence
Last Action:03/10/99 - Hearing Conducted S Civil & Criminal Jurisprudence Journal page:
Effective Date:Emergency Clause
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Current Bill Summary

SB 482 - This act provides remedies for businesses that cause harm due to year 2000 (y2k) non-compliance. The act applies only to businesses with less than 50 employees. Businesses not within that definition are be governed by traditional tort law.

After the effective date, this act will provide the exclusive remedies to year 2000 non-compliance damages caused by businesses. Damages are limited to compensatory damages, and punitive damages not more than twice the compensatory amount. Punitive damages are only allowed for intentional misrepresentations of Y2K compliance.

Compensatory damages excludes mitigation that the plaintiff should have engaged in after being warned by the defendant business. The prevailing party is entitled to attorney's fees, unless the business believes in good faith it was compliant or disclosed its lack of compliance.

Class actions are restricted unless each member has suffered $50,000 in damages.

Individual officers of a business are not personally liable if the business is year 2000 non-compliant, if the officer acted in good faith and secured an assessment to become year 2000 complaint by September 1, 1999 and identified the potential harm of not being compliant.

Solution providers, defined as entities that assess and/or fix year 2000 problems, are held to an express warranty, whether or not they have disclaimed a warranty. Solution providers may not, under consequences of civil damages, disclose any computer or technical information they obtain while servicing a business. Monetary and criminal penalties are provided for.

The sharing of information on year 2000 compliance issues is exempt from antitrust laws.

The Governor's emergency powers include projected or actual problems related to the year 2000 compliance concern.

This act has an emergency clause.