House approves temporary Y2K government-immunity measure after debate

Representative Blake Chard (sponsor) presented House Bill 1-89, a Government Immunity Act amendment extending sovereign immunity to claims arising from Year 2000 (Y2K) problems for a limited period. Chard argued the Y2K risks are complex and largely unpredictable and that “extended sovereign immunity is a reasonable means” to protect state and local treasuries and preserve critical services in the near term.

Opponents and several members pressed several concerns: whether immunity would remove incentives for agencies to remediate Y2K vulnerabilities; whether carving out negligence would be feasible; and whether special districts and private enterprises should be treated the same as government entities. One member described an amendment that would remove the immunity for negligence as potentially gumming up the allocation of risk and overwhelming courts; proponents countered that courts could separate agencies’ conduct in litigation.

Chard told members the bill included a repeal date and that due-diligence language is hard to define in statute without inviting litigation over technical compliance. He also said the state has been actively identifying and remediating systems and that the bill is intended to prevent a rush of claims that could impair government services.

After debate and consideration of amendments and intent language, the House passed HB 1-89; the recorded tally reported 62 yes votes and 9 no votes. The sponsor asked that intent language be spread on the journal explaining the legislature’s reasons and the temporary nature of the immunity.