REPORT TITLE:
Y2K claims


DESCRIPTION:
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; provides
limited immunity for government against claims based upon year
2000 errors. (HB1111, SD2)

 
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                                                        1111
HOUSE OF REPRESENTATIVES                H.B. NO.           H.D. 2
TWENTIETH LEGISLATURE, 1999                                S.D. 2
STATE OF HAWAII                                            
                                                             
________________________________________________________________
________________________________________________________________


                   A  BILL  FOR  AN  ACT

RELATING TO YEAR 2000 ERRORS BY COMPUTER-BASED SYSTEMS.



BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:

 1                              PART I.
 
 2      SECTION 1.  The legislature finds that virtually every
 
 3 business and consumer in the State of Hawaii is potentially
 
 4 affected by the practice in many computer-based systems of
 
 5 utilizing the two low order digits to represent a four digit
 
 6 year.  While this is common practice for handwriting dates, such
 
 7 as 1/1/98 as an abbreviation of January 1, 1998, it will lead to
 
 8 errors in computer-based systems that handle date data in and
 
 9 after the year 2000.  This practice, along with the use of other
 
10 erroneous date-related computer logic, came to be known as the
 
11 "year 2000 problem."
 
12      The legislature further finds that in the absence of
 
13 remedial legislation, the usual methods of determining
 
14 responsibility and providing remedies for year 2000-related
 
15 errors through the courts are likely to result in a multitude of
 
16 lawsuits and the expenditure of substantial time and money in the
 
17 litigation process.  Additionally, the legislature finds that
 
18 businesses are diverting money and other resources away from
 
19 programs to remedy the year 2000 problem at this critical time to
 
20 work on litigation defense and claims preservation strategies.
 

 
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 1 This diversion of resources has the potential to impair
 
 2 completion of these essential year 2000 compliance programs.
 
 3      The pervasive nature and fixed deadline of the year 2000
 
 4 problem creates a unique situation which justifies a modification
 
 5 to the usual legal rights, remedies, and dispute resolution
 
 6 procedures available under the law.
 
 7      This Part is intended to provide protection for persons who
 
 8 exercise commercially reasonable efforts to identify and find
 
 9 solutions for computer-based systems that may be affected by year
 
10 2000 errors.
 
11      SECTION 2.  The Hawaii Revised Statutes is amended by adding
 
12 a new chapter to be appropriately designated and to read as
 
13 follows:
 
14                             "CHAPTER
 
15            YEAR 2000 ERRORS IN COMPUTER-BASED SYSTEMS
 
16          -1  Definitions.  As used in this chapter: 
 
17      "Claimant" means the plaintiff in a lawsuit or a person
 
18 otherwise asserting a claim.
 
19      "Computer-based system" includes any computer or other
 
20 information technology system, and any electronic device that
 
21 controls, operates, monitors, or assists in the operation or
 
22 functioning of equipment, machinery, plant, or a device using an
 
23 embedded or installed microprocessor or chip.
 

 
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 1      "Consumer" means a natural person who, primarily for
 
 2 personal, family, or household purposes, purchases, attempts to
 
 3 purchase, or is solicited to purchase goods or services.
 
 4      "Core activities" means those business activities of a
 
 5 person which are supported by computer-based systems and which
 
 6 have been identified by the person, based on reasonable internal
 
 7 criteria, as being central to the continued operation of the
 
 8 business.
 
 9      "Respondent" means the defendant in a lawsuit or a person
 
10 otherwise defending against a claim, and includes those persons
 
11 who are liable on a claim, but who were not made a party to the
 
12 lawsuit or other assertion of the claim.
 
13      "Year 2000 error" means the failure of a computer-based
 
14 system to accurately store, display, transmit, receive, process,
 
15 calculate, compare, or sequence date and time data from, into, or
 
16 between the years 1999 and 2000 and beyond, and leap year
 
17 calculations.
 
18          -2  Applicability.(a)  Claims properly filed by
 
19 consumers in the small claims division of the district courts
 
20 shall be excluded from the alternative dispute resolution
 
21 procedure and the limitations on liability provisions contained
 
22 in sections   -5 and   -6.
 
23      (b)  The provisions in this chapter shall not apply to
 

 
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                                     H.B. NO.           H.D. 2
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 1 claims asserted by or against the State, its political
 
 2 subdivisions, a board, or a government employee, arising out or
 
 3 relating to a year 2000 error produced, calculated, or generated
 
 4 by a government computer system or other computer-based system,
 
 5 regardless of the cause for the year 2000 error.  
 
 6      As used in this subsection:  
 
 7      "Board" means any agency, board, commission, authority, or
 
 8 committee of the State or its political subdivisions that is
 
 9 created by constitution, statute, rule, or executive order to
 
10 have supervision, control, jurisdiction, or advisory power over
 
11 specific matters. 
 
12      "Government employee" includes an officer or employee of the
 
13 State, its political subdivisions, or board, including a person
 
14 acting on behalf of a board in an official capacity, temporarily
 
15 or permanently, whether with or without compensation.
 
16      (d)  The provisions in sections    -5 and    -6 may be
 
17 modified or waived by express agreement.  Any such modification
 
18 or waiver shall be explicit, and no intent to modify or waive
 
19 these protections shall be inferred.
 
20          -3  Blanket protections.(a)  No statutory minimum or
 
21 treble damages shall be awarded under any theory of recovery,
 
22 including contract and tort law, for claims arising out of a year
 
23 2000 error unless one of the following is found to have occurred
 

 
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 1 in addition to the other facts necessary for the award of such
 
 2 damages:
 
 3      (1)  The year 2000 error was intentionally created by the
 
 4           respondent with the intent to cause damage or injury;
 
 5      (2)  The respondent had entered into an agreement to
 
 6           discover or remedy year 2000 errors with the intent to
 
 7           defraud the claimant; or
 
 8      (3)  The damage or injury was caused by the dissemination of
 
 9           corrupted data to recipients:
 
10           (A)  With actual knowledge that errors were occurring;
 
11           (B)  Without reasonable efforts at warning; and
 
12           (C)  Without reasonable efforts to correct the cause of
 
13                the errors.
 
14      (b)  Noneconomic damages (including, but not limited to,
 
15 physical and emotional pain, suffering, physical impairment,
 
16 emotional distress, mental anguish, disfigurement, loss of
 
17 enjoyment, loss of companionship, services, and consortium, and
 
18 other nonpecuniary losses) shall not be awarded under any theory
 
19 of recovery for any claim arising out of a year 2000 error except
 
20 for physical injury or death proximately caused by a year 2000
 
21 error.
 
22          -4  Limitation of actions.  Any other provision of law
 
23 notwithstanding, all claims arising out of a year 2000 error
 

 
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 1 shall be brought no later than two years after the claimant
 
 2 discovers, or through the use of reasonable diligence should have
 
 3 discovered, the damage or injury, but in any event not more than
 
 4 four years after the date of the alleged year 2000 error.
 
 5          -5  Procedure; alternative dispute resolution.  In any
 
 6 dispute in which a year 2000 error is alleged as a claim or a
 
 7 defense, within 20 days of service of the last pleading the
 
 8 plaintiff shall contact the court in which the action has been
 
 9 filed and shall schedule a conference with the court.  The court
 
10 and the attendees shall discuss alternative dispute resolution
 
11 options.  The court may require each party to submit to the court
 
12 prior to the conference a statement of any objections to
 
13 alternative dispute resolution and the reasons for objecting.
 
14 The court, in its discretion or upon motion by a party, during
 
15 the conference or at a later date, may order the parties to
 
16 participate in an alternative dispute resolution process subject
 
17 to conditions imposed by the court.  The cost for the alternative
 
18 dispute resolution process shall be apportioned in accordance
 
19 with the agreement of the parties, or as otherwise ordered by the
 
20 court.
 
21          -6  Liability.(a)  All arbitration awards and all
 
22 judgments in a court proceeding which award damages on a claim
 
23 arising out of a year 2000 error shall state whether the claimant
 

 
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 1 and the respondent engaged in commercially reasonable efforts to
 
 2 avoid the impact of year 2000 errors.
 
 3      (b)  The trier of fact shall make an independent
 
 4 determination that the actions taken by a claimant or respondent
 
 5 constitute commercially reasonable efforts, based on the totality
 
 6 of the circumstances, and notwithstanding that the party's
 
 7 efforts failed to avoid all year 2000 errors affecting its
 
 8 computer-based systems.  In making the determination, the trier
 
 9 of fact shall examine the party's efforts as a whole and shall
 
10 take into consideration the sophistication of and resources
 
11 available to the party.  The burden of proof shall be on the
 
12 party claiming that it engaged in commercially reasonable
 
13 efforts, and the standard of proof shall be a preponderance of
 
14 the evidence.
 
15      (c)  A claimant or respondent shall not be found to have
 
16 undertaken commercially reasonable efforts unless it has, at a
 
17 minimum:
 
18      (1)  Implemented the remediation steps in timely fashion;
 
19           and
 
20      (2)  Complied with any data formats established by a
 
21           government regulation, a governing body (such as the
 
22           National Automated Clearing House Association for
 
23           certain financial transactions) or reasonably requested
 

 
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                                     H.B. NO.           H.D. 2
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 1           by the other party where the parties exchange
 
 2           electronic information which was impacted by the
 
 3           alleged year 2000 error.
 
 4      (d)  "Remediation steps" means, for a person addressing
 
 5 potential year 2000 errors, awareness, assessment, renovation,
 
 6 validation, and implementation.  The reasonableness of those
 
 7 steps shall be determined by the circumstances, including the
 
 8 sophistication of and resources available to the person carrying
 
 9 them out.
 
10      (1)  The awareness step generally includes providing any
 
11           supervisory personnel with information about the year
 
12           2000 problem and the designation of personnel to deal
 
13           with the person's potential for year 2000 errors.
 
14      (2)  The assessment phase generally includes a determination
 
15           of the impact of potential year 2000 errors on the
 
16           person (including those caused by computer-based
 
17           systems controlled by the person and those controlled
 
18           by others), identification of core activities, a
 
19           physical inventory of potentially affected computer-
 
20           based systems supporting core activities,
 
21           prioritization of items with potential year 2000 errors
 
22           to create a remediation schedule, determining whether
 
23           the item records dates or processes date information,
 

 
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                                     H.B. NO.           H.D. 2
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 1           identifying and obtaining resources to address
 
 2           potential year 2000 errors, the development of a
 
 3           remediation strategy for each item with the potential
 
 4           for year 2000 errors, and the development of a recovery
 
 5           plan to handle those year 2000 errors which are
 
 6           reasonably likely to occur.
 
 7      (3)  The renovation step generally includes the conversion,
 
 8           upgrade, replacement, or elimination of computer-based
 
 9           systems supporting core activities which are subject to
 
10           year 2000 errors.
 
11      (4)  The validation step generally includes validating
 
12           existing, converted, or replaced computer-based systems
 
13           supporting core activities.  "Validating" means:
 
14           (A)  Testing the item to actually simulate the
 
15                transition from December 31, 1999, to January 1,
 
16                2000, the processing of other date data which may
 
17                reasonably be expected to trigger a year 2000
 
18                error, and a determination that no year 2000 error
 
19                occurs; and
 
20           (B)  Where the item has been renovated to correct known
 
21                or suspected year 2000 errors, testing to assure
 
22                that the item continues to properly perform its
 
23                functions without error.  This testing includes
 

 
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                                     H.B. NO.           H.D. 2
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 1                but is not limited to integration and acceptance
 
 2                testing.  When testing is not reasonably possible,
 
 3                the validation step consists of securing
 
 4                documentation from the developer or vendor of a
 
 5                computer-based system supporting core activities
 
 6                that it is free of potential year 2000 errors.
 
 7                This includes vendors of core business functions,
 
 8                services, or supplies to understand the risk posed
 
 9                by the person's supply chain.
 
10      (5)  The implementation step generally includes the placing
 
11           of renovated or replaced computer-based systems into
 
12           production use.  Where a computer-based system cannot
 
13           reasonably be renovated, the implementation step
 
14           generally includes the implementation of a work-around
 
15           designed to avoid the effect of the potential year 2000
 
16           error.  Additionally, this step includes the
 
17           implementation of contingency or recovery plans for
 
18           those year 2000 errors which are reasonably likely to
 
19           occur.
 
20 Where applicable, the person's highest level of management should
 
21 determine what efforts are to be made and what resources are to
 
22 be used in carrying out the remediation steps, and should monitor
 
23 the progress of the remediation steps.
 

 
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                                     H.B. NO.           H.D. 2
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 1      (e)  Upon a finding that the respondent engaged in
 
 2 commercially reasonable efforts, the respondent's liability shall
 
 3 be limited to the claimant's actual out-of-pocket damages
 
 4 directly caused by the year 2000 error, and no consequential
 
 5 damages, such as loss of business opportunities or loss of
 
 6 profits, or other special damages shall be awarded under any
 
 7 theory of recovery.
 
 8      (f)  The amount awarded to any claimant shall be reduced to
 
 9 the extent that the claimant's failure to engage in commercially
 
10 reasonable efforts contributed in whole or part to the damages
 
11 sustained.  Where two or more respondents are found liable for
 
12 the claimant's damages, the proportion of liability assessed
 
13 against each respondent shall be proportionately adjusted based
 
14 on the extent to which it engaged in commercially reasonable
 
15 efforts.
 
16         -7  Software and hardware manufacturer liability.
 
17 Nothing in this chapter shall relieve a computer software or
 
18 hardware manufacturer of any liability for a year 2000 error.
 
19 Software and hardware manufacturers shall be directly liable to a
 
20 person harmed by a year 2000 error to the same extent that the
 
21 software and hardware manufacturers would be liable to such a
 
22 person in the absence of the provisions of this chapter.
 
23        -8  Consumer credit protection.  A credit reporting
 

 
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                                     H.B. NO.           H.D. 2
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 1 agency or a creditor doing business in the State shall not report
 
 2 negative credit information about a consumer resulting, in whole
 
 3 or in part, from a year 2000 error by a computer-based system,
 
 4 including the inability of the consumer to transact financial
 
 5 business or make payments due to a year 2000 error by a computer-
 
 6 based system."
 
 7                             PART II.
 
 8      SECTION 3.  The legislature finds that Act 213, Session Laws
 
 9 of Hawaii 1998, established limited government immunity from
 
10 claims arising out of year 2000 errors generated by a government
 
11 computer system.  The legislature further finds that the intent
 
12 of this Part is to extend the time frame covered by the immunity
 
13 to beyond June 30, 1999, and expand the scope of the immunity to
 
14 afford protection as to claims arising out a year 2000 errors
 
15 produced, calculated, or generated by a government computer
 
16 system or other computer-based system.  However, the legislature
 
17 notes that this Part shall not be deemed to impose any increased
 
18 obligation, duty, or standard of care than is otherwise
 
19 applicable under federal or state law, nor is it intended to
 
20 create any new cause of action or remedy.
 
21      Thus, the purpose of this Part is to amend the immunity
 
22 provisions established by Act 213, Session Laws of Hawaii 1998,
 
23 including the protection afforded to persons affected by a year
 

 
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                                     H.B. NO.           H.D. 2
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 1 2000 error generated by a government computer system.
 
 2      SECTION 4.  Section 662-15, Hawaii Revised Statutes, is
 
 3 amended to read as follows:
 
 4      "662-15  Exceptions.  This chapter shall not apply to:
 
 5      (1)  Any claim based upon an act or omission of an employee
 
 6           of the State, exercising due care, in the execution of
 
 7           a statute or regulation, whether or not such statute or
 
 8           regulation is valid, or based upon the exercise or
 
 9           performance or the failure to exercise or perform a
 
10           discretionary function or duty on the part of a state
 
11           officer or employee, whether or not the discretion
 
12           involved has been abused;
 
13      (2)  Any claim arising in respect of the assessment or
 
14           collection of any tax, or the detention of any goods or
 
15           merchandise by law enforcement officers;
 
16      (3)  Any claim for which a remedy is provided elsewhere in
 
17           the laws of the State;
 
18      (4)  Any claim arising out of assault, battery, false
 
19           imprisonment, false arrest, malicious prosecution,
 
20           abuse of process, libel, slander, misrepresentation,
 
21           deceit, or interference with contract rights;
 
22      (5)  Any claim arising out of the combatant activities of
 
23           the Hawaii national guard and Hawaii state defense
 

 
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                                     H.B. NO.           H.D. 2
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 1           force during time of war, or during the times the
 
 2           Hawaii national guard is engaged in federal service
 
 3           pursuant to sections 316, 502, 503, 504, 505, or 709 of
 
 4           Title 32 of the United States Code;
 
 5      (6)  Any claim arising in a foreign country;
 
 6      (7)  Any claim arising out of the acts or omissions of any
 
 7           boating enforcement officer; or
 
 8      (8)  Any claim arising out of [or based upon any failure of
 
 9           or error produced, calculated, or generated by a
 
10           government computer system, which failure or error
 
11           occurred prior to June 30, 1999 as a result of the
 
12           system's not being year 2000 compliant, regardless of
 
13           the cause for the system's not being year 2000
 
14           compliant.  "Year 2000 compliant" means, with respect
 
15           to a government computer system, that the system
 
16           accurately processes date and time data (including, but
 
17           not limited to, calculating, comparing, projecting, and
 
18           sequencing) from, into, and between the twentieth and
 
19           twenty-first centuries and the years 1999 and 2000, and
 
20           leap year calculations.] a year 2000 error produced,
 
21           calculated, or generated by a government computer
 
22           system or other computer-based system, regardless of
 
23           the cause for the year 2000 error. "Government computer
 

 
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                                     H.B. NO.           H.D. 2
                                                        S.D. 2
                                                        

 
 1           system" means a computer-based system owned or operated
 
 2           by or on behalf of the State, its political
 
 3           subdivisions, or a board.  "Computer- based system"
 
 4           includes any computer or other information technology
 
 5           system, and any electronic device that controls,
 
 6           operates, monitors, or assists in the operation or
 
 7           functioning of equipment, machinery, plant, or a device
 
 8           using an embedded or installed microprocessor or chip.
 
 9           "Year 2000 error" is the failure of a computer-based
 
10           system to accurately store, display, transmit, receive,
 
11           process, calculate, compare, or sequence date and time
 
12           data from, into, or between the twentieth and twenty-
 
13           first centuries, the years 1999 and 2000 and beyond,
 
14           and leap year calculations."
 
15      SECTION 5.  Chapter 662E, Hawaii Revised Statutes, is
 
16 amended to read as follows:
 
17                        "CHAPTER [[]662E[]]
 
18      [GOVERNMENT COMPUTER SYSTEMS AND YEAR 2000 COMPLIANCE]
 
19             CLAIMS AGAINST GOVERNMENT ARISING OUT OF
 
20                         YEAR 2000 ERRORS
 
21      [[]662E-1[]]  Definitions.  As used in this chapter:
 
22      "Board" means any agency, board, commission, authority, or
 
23 committee of the State or its political subdivisions that is
 

 
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                                     H.B. NO.           H.D. 2
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 1 created by constitution, statute, rule, or executive order to
 
 2 have supervision, control, jurisdiction, or advisory power over
 
 3 specific matters.
 
 4      "Computer-based system" includes any computer or other
 
 5 information technology system, and any electronic device that
 
 6 controls, operates, monitors, or assists in the operation or
 
 7 functioning of equipment, machinery, plant, or a device using an
 
 8 embedded or installed microprocessor or chip.
 
 9      "Government computer system" [includes any computer or other
 
10 information technology system] means a computer-based system
 
11 owned or operated by or on behalf of the State, its political
 
12 subdivisions, or a board.
 
13      "Government employee" includes an officer or employee of the
 
14 State, its political subdivisions, or a board, including a person
 
15 acting on behalf of a board in an official capacity, temporarily
 
16 or permanently, whether with or without compensation.
 
17      ["Year 2000 compliant" means, with respect to a government
 
18 computer system, that the system accurately processes date and
 
19 time data (including, but not limited to, calculating, comparing,
 
20 projecting, and sequencing) from, into, and between the twentieth
 
21 and twenty-first centuries and the years 1999 and 2000, and leap
 
22 year calculations.]
 
23      "Year 2000 error" is the failure of a computer-based system
 

 
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                                     H.B. NO.           H.D. 2
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 1 to accurately store, display, transmit, receive, process,
 
 2 calculate, compare, or sequence date and time data from, into, or
 
 3 between the twentieth and twenty-first centuries, the years 1999
 
 4 and 2000 and beyond, and leap year calculations.
 
 5      [[]662E-2[]]  Immunity against suits.  [No action,
 
 6 including, without limitation, any action for declaratory or
 
 7 injunctive relief, may be brought against any person including,
 
 8 but not limited to, the State, its political subdivisions, a
 
 9 board, or a government employee, arising out of or based upon any
 
10 failure of or error produced, calculated, or generated by a
 
11 government computer system, which failure or error occurred prior
 
12 to June 30, 1999 as a result of the system's not being year 2000
 
13 compliant, regardless of the cause for the system's not being
 
14 year 2000 compliant.]
 
15      (a)  No action, including, without limitation, any action
 
16 for declaratory or injunctive relief, may be brought against the
 
17 State, its political subdivisions, a board, or a government
 
18 employee, arising out of a year 2000 error produced, calculated,
 
19 or generated by a government computer system or other computer-
 
20 based system, regardless of the cause for the year 2000 error,
 
21 unless the error is the result of gross negligence on the part of
 
22 the defendant State, political subdivision, board, or government
 
23 employee.  Failure to fix or prevent an error after a timely,
 

 
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                                     H.B. NO.           H.D. 2
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 1 good faith effort to do so shall not constitute gross negligence
 
 2 for the purpose of this subsection.
 
 3      (b)  Except as provided in this section, no action,
 
 4 including, without limitation, any action for declaratory or
 
 5 injunctive relief, may be brought against any person arising
 
 6 solely out of a year 2000 error produced, calculated, or
 
 7 generated by a government computer system, regardless of the
 
 8 cause for the year 2000 error.  Nothing in this section shall be
 
 9 deemed to prohibit any person harmed by a year 2000 error
 
10 produced, calculated, or generated by a government computer
 
11 system or other computer-based system, from bringing an action
 
12 against a software or hardware manufacturer or supplier that
 
13 provided or sold the government computer system or other
 
14 computer-based system.
 
15      [[]662E-3[]]  Remedial measures.  Nothing in this chapter
 
16 shall be deemed to prevent the State, its political subdivisions,
 
17 a board, or a government employee, from taking steps to remedy
 
18 [any failure of or] a year 2000 error produced, calculated, or
 
19 generated by a government computer system [as a result of the
 
20 system's not being year 2000 compliant,] once the [failure or]
 
21 error [is] has been verified.
 
22      [[]662E-4[]]  Exceptions.  Nothing in this chapter shall be
 
23 deemed to provide immunity or release from liability to any
 

 
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                                     H.B. NO.           H.D. 2
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 1 person who:
 
 2      (1)  Deliberately tampers with a government computer system
 
 3           for the purpose of [preventing it from being year 2000
 
 4           compliant;] causing the system to produce, calculate,
 
 5           or generate a year 2000 error; provided, however, that
 
 6           the immunity or release from liability shall remain and
 
 7           not be set aside where the year 2000 error arises out
 
 8           of a test performed to determine whether a government
 
 9           computer system will produce, calculate, or generate a
 
10           year 2000 error; or
 
11      (2)  Receives and fails to immediately return a benefit
 
12           which the person is not legally entitled to [arising
 
13           out of or based upon any failure of or error produced,
 
14           calculated, or generated by a government computer
 
15           system as a result of the system's not being year 2000
 
16           complaint], which benefit was provided to the person as
 
17           a result of a year 2000 error produced, calculated, or
 
18           generated by a government computer system."
 

 
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                                     H.B. NO.           H.D. 2
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 1      SECTION 6.  If any provision of this Act, or the application
 
 2 thereof to any person or circumstance is held invalid, the
 
 3 invalidity does not affect other provisions or applications of
 
 4 the Act which can be given effect without the invalid provision
 
 5 or application, and to this end the provisions of this Act are
 
 6 severable.
 
 7      SECTION 7.  Statutory material to be repealed is bracketed.
 
 8 New statutory material is underscored.
 
 9      SECTION 8.  This Act shall take effect on October 24, 1929;
 
10 provided that Sections 4 and 5 of this Act shall take effect
 
11 retroactive to the effective date of Act 213, Session Laws of
 
12 Hawaii, 1998; and provided further that this Act shall not affect
 
13 any claim which has been filed in the courts on or before the
 
14 date of its enactment.  Section 2 of this Act shall be repealed
 
15 on December 31, 2003; provided that nothing in Section 2 of this
 
16 Act shall be deemed to affect rights and obligations which have
 
17 accrued as of that date.  Chapter 662E and section 662-15(8),
 
18 Hawaii Revised Statutes, shall be repealed on December 31, 2003.
 

 
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