04/08/1999 01:20 PM House JUD

                                                                                                                                
                                                                                                                                
HB 82 - IMMUNITY:  CLAIMS ARISING FROM Y2K PROBLEMS                                                                             
                                                                                                                                
CHAIRMAN KOTT announced that the next order of business would be                                                                
HOUSE BILL NO. 82, "An Act relating to immunity for certain claims                                                              
arising out of or in connection with the year 2000 date change; and                                                             
providing for an effective date."                                                                                               
                                                                                                                                
Number 0901                                                                                                                     
                                                                                                                                
REPRESENTATIVE CROFT moved to adopt the proposed committee                                                                      
substitute, Version LS0398\K, Ford, 4/1/99, as the working document                                                             
before the committee.  There being no objection, it was so ordered.                                                             
                                                                                                                                
REPRESENTATIVE ROKEBERG directed the committee to pages 1 and 2 of                                                              
the proposed committee substitute which now includes the finding                                                                
intent language.  He specified that the intent language can be                                                                  
found on page 2, lines 13 through 26.  Representative Rokeberg                                                                  
pointed out that Representative Croft's concern is addressed on                                                                 
page 2, paragraph (4) which reads, "if a party is unsuccessful in                                                               
asserting the year 2000 date change defenses created in this Act,                                                               
nothing in this Act would preclude a court or jury from awarding                                                                
compensatory or punitive damages as provided by law;".  He stated                                                               
that the intent language was requested in order to leave no doubt                                                               
as to what the bill does.  On page 3, line 4, the word                                                                          
"substantial" was inserted before "efforts" and on page 3, line 5,                                                              
the words "such as" were inserted.  He explained that inserting                                                                 
"such as" language allows the business to be in compliance without                                                              
having to achieve all the efforts listed under paragraph (1).  On                                                               
page 3, the first word of each subparagraph has added the suffix                                                                
"ing" in the proposed committee substitute.  He pointed out that on                                                             
page 3, line 15 the language has been changed to "generally                                                                     
accepted business practices of a business sector".                                                                              
                                                                                                                                
REPRESENTATIVE MURKOWSKI noted the intent language and the contract                                                             
language on page 4.                                                                                                             
                                                                                                                                
REPRESENTATIVE ROKEBERG pointed out the language on page 4, line 8                                                              
refers to "noneconomic losses" which he believed allowed for                                                                    
punitive and compensatory if (indisc.).                                                                                         
                                                                                                                                
Number 1096                                                                                                                     
                                                                                                                                
REPRESENTATIVE CROFT moved to report CSHB 82, Version LS0398\K,                                                                 
Ford, 4/1/99, as amended, from the committee with individual                                                                    
recommendations and the attached zero fiscal note.  There being no                                                              
objection, CSHB 82(JUD) so moved from the House Judiciary Standing                                                              
Committee.