Legislature(1999 - 2000)

1999-05-18 Senate Journal

Full Journal pdf

1999-05-18                     Senate Journal                      Page 1629
HB 82                                                                        
CS FOR HOUSE BILL NO. 82(JUD) am An Act relating to certain                    
claims arising out of or in connection with the year 2000 date                 
change; amending Rule 23, Alaska Rules of Civil Procedure; and                 
providing for an effective date was read the second time.                      
                                                                               
Senator Taylor, Chair, moved and asked unanimous consent for the               
adoption of the Judiciary Senate Committee Substitute offered on               
page 1516. Without objection, SENATE CS FOR CS FOR HOUSE                       
BILL NO. 82(JUD) was adopted and read the second time.                         
                                                                               
Senators Ellis, Miller offered Amendment No. 1 :                                
                                                                               
Page 1, line 5, following INTENT:                                              
	Insert FOR SECTION 5                                                          
                                                                               
                                                                               

1999-05-18                     Senate Journal                      Page 1630
HB 82                                                                        
Page 2, line 13, following (b):                                                
	Delete It                                                                     
	Insert Regarding sec. 5 of this Act, it                                       
                                                                               
Page 2, line 14, following (1):                                                
	Insert sec. 5 of                                                              
                                                                               
Page 2, line 20, following provisions of:                                      
	Insert sec. 5 of                                                              
                                                                               
Page 2, line 23, following created in:                                         
	Insert sec. 5 of                                                              
                                                                               
Page 2, line 23, following nothing in:                                         
	Insert sec. 5 of                                                              
                                                                               
Page 2, following line 27:                                                     
	Insert new bill sections to read:                                             
* Sec. 2.  AS09.50 is amended by adding a new section to read:               
	Sec.09.50.255.  Immunity for claims against the state                        
arising out of or in connection with the year 2000 date change.               
(a)  Notwithstanding any contrary provisions of AS09.50.250, an                
action in connection with the year 2000 date change may not be                 
brought against the state, or against an agent, officer, or employee           
of the state for an act or omission occurring in the scope of that             
persons employment or work for the state, for damages caused                   
directly or indirectly by a failure (1) of an electronic computing             
device owned, controlled, or operated by the state, or (2) arising out         
of an inspection or review of an electronic computing device owned,            
controlled, or operated by others.  The immunity described in this             
subsection does not apply if the affected party shows by clear and             
convincing evidence that the state did not use good faith efforts to           
avoid the failure that caused the damages claimed in the civil action.         
For purposes of this subsection, the state used good faith efforts as          
a matter of law if the state made efforts to identify, test, and develop       
contingency plans for critical systems.                                        
	(b)  This section does not affect immunity provided to the                    
state under another provision of law.                                          
                                                                               

1999-05-18                     Senate Journal                      Page 1631
HB 82                                                                        
	(c)  In this section,                                                         
		(1)  "electronic computing device" includes computer                         
hardware or software, a computer chip, an embedded chip, process               
control equipment, or other information system that is used to                 
capture, store, manipulate, or process data, or that controls, monitors,       
or assists in the operation of a physical apparatus that is not                
primarily used as a computer but that relies on automation or digital          
technology to function;                                                        
		(2)  "physical apparatus that is not primarily used as                       
a computer" includes a vehicle, a vessel, a building, a structure, a           
facility, an elevator, medical equipment, a traffic signal, machinery,         
access controls, and similar types of items;                                   
		(3)  "state" includes a department, institution, board,                      
commission, division, authority, public corporation, council,                  
committee, or other instrumentality of the state, including the                
University of Alaska;                                                          
		(4)  "year 2000 date change" includes processing                             
date or time data from, into, and between the Twentieth and Twenty-            
First Centuries, and leap-year calculations; in this paragraph,                
"processing" includes calculating, comparing, sequencing, displaying,          
and storing.                                                                   
   * Sec. 3.  AS09.65.070(d) is amended to read:                             
	(d)  An action for damages may not be brought against a                       
municipality or any of its agents, officers, or employees if the claim         
		(1)  is based on a failure of the municipality, or its                       
agents, officers, or employees, when the municipality is neither               
owner nor lessee of the property involved,                                     
		(A)  to inspect property for a violation of                                 
any statute, regulation, or ordinance, or a hazard to health or                
safety;                                                                        
		(B)  to discover a violation of any statute,                                
regulation, or ordinance, or a hazard to health or safety if an                
inspection of property is made; or                                             
		(C)  to abate a violation of any statute,                                   
regulation, or ordinance, or a hazard to health or safety                      
discovered on property inspected;                                              
                                                                               
                                                                               

1999-05-18                     Senate Journal                      Page 1632
HB 82                                                                        
		(2)  is based on ¦UPONá the exercise or performance                      
or the failure to exercise or perform a discretionary function or duty         
by a municipality, or its agents, officers, or employees, whether or       
not the discretion involved is abused;                                         
		(3)  is based on ¦UPONá the grant, issuance, refusal,                    
suspension, delay, or denial of a license, permit, appeal, approval,           
exception, variance, or other entitlement, or a rezoning;                      
		(4)  is based on the exercise or performance during                          
the course of gratuitous extension of municipal services on an                 
extraterritorial basis;                                                        
		(5)  is based on ¦UPONá the exercise or performance                      
of a duty or function upon the request of, or by the terms of an               
agreement or contract with, the state to meet emergency public safety          
requirements; ¦ORá                                                             
		(6)  is based on the exercise or performance of a                            
duty in connection with an enhanced 911 emergency system and is                
not based on an intentional act of misconduct or on an act of gross            
negligence; or                                                               
		(7)  is caused directly or indirectly by a failure,                          
in connection with the year 2000 date change, of an electronic                 
computing device owned, controlled, or operated by the                         
municipality, or by an agent, officer, or employee of the                      
municipality and occurring in the scope of that persons                        
employment or work for the municipality; the immunity                          
described in this paragraph does not apply if the affected party               
shows by clear and convincing evidence that the municipality did               
not use good faith efforts to avoid the failure that caused the                
damages claimed in the civil action; for purposes of this                      
paragraph, the municipality used good faith efforts as a matter                
of law if the municipality made efforts to identify, test, and                 
develop contingency plans for critical systems; this paragraph                 
does not affect immunity provided to a municipality under                      
another provision of law.                                                    
   * Sec. 4.  AS09.65.070(e) is amended by adding new paragraphs             
to read:                                                                       
                                                                               
                                                                               

1999-05-18                     Senate Journal                      Page 1633
HB 82                                                                        
		(3)  "electronic computing device" includes computer                         
hardware or software, a computer chip, an embedded chip, process               
control equipment, or other information system that is used to                 
capture, store, manipulate, or process data, or that controls, monitors,       
or assists in the operation of a physical apparatus that is not                
primarily used as a computer but that relies on automation or digital          
technology to function;                                                        
		(4)  "physical apparatus that is not primarily used as                       
a computer" includes a vehicle, a vessel, a building, a structure, a           
facility, an elevator, medical equipment, a traffic signal, machinery,         
access controls, and similar types of items;                                   
		(5)  "year 2000 date change" includes processing                             
date or time data from, into, and between the Twentieth and Twenty-            
First Centuries, and leap year calculations; in this paragraph,                
"processing" includes calculating, comparing, sequencing, displaying,          
and storing.                                                                   
                                                                               
Renumber the following bill sections accordingly.                              
                                                                               
Page 5, line 8, following Sec. 6.:                                           
	Delete AS 09.65.260 is                                                        
	Insert AS 09.50.255; AS 09.65.070(d)(7), 09.65.070(e)(3),                     
09.65.070(e)(4), 09.65.070(e)(5), and 09.65.260 are                            
                                                                               
Page 5, line 9, following enacted by:                                          
	Delete sec. 2                                                                 
	Insert sec. 5                                                                 
                                                                               
Page 5, lines 14 - 15:                                                         
	Delete all material                                                           
	Insert described in AS 09.50.225, enacted by sec. 2 of this                   
Act, AS 09.65.070(d)(7), enacted by sec. 3 of this Act, or                     
AS09.65.260, enacted by sec. 5 of this Act, that accrues on or after           
the effective date of this Act but before January 1, 2006.                     
                                                                               
Senator Ellis moved for the adoption of Amendment No. 1.                       
Objections were heard.                                                         
                                                                               
                                                                               

1999-05-18                     Senate Journal                      Page 1634
HB 82                                                                        
The question being: Shall Amendment No. 1 be adopted? The roll                 
was taken with the following result:                                           
                                                                               
SCS CSHB 82(JUD)                                                               
Second Reading                                                                 
Amendment No. 1                                                                
                                                                               
YEAS:  11   NAYS:  9   EXCUSED:  0   ABSENT:  0                              
                                                                               
Yeas:  Adams, Ellis, Elton, Hoffman, Leman, Lincoln, Mackie,                   
Miller, Pearce, Phillips, Wilken                                               
                                                                               
Nays:  Donley, Green, Halford, Kelly Pete, Kelly Tim, Parnell,                 
Taylor, Torgerson, Ward                                                        
                                                                               
and so, Amendment No. 1 was adopted.                                           
                                                                               
SENATE CS FOR CS FOR HOUSE BILL NO. 82(JUD) am will                            
appear on the May 19 calendar.