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Senate Journal: Page 1312: Tuesday, April 27, 1999

  April 26, 1999

  The Honorable Chester Culver
  Secretary of State
  State Capitol Building
  L O C A L

  Dear Mr. Secretary:

  I hereby transmit Senate File 405, an act limiting the liability of certain
  persons for
  certain actions arising out of the failure of information technology as the
  result of a
  year 2000 problem.

  I am unable to approve SF 405 and hereby transmit it to you in accordance
  with
  Article III, Section 16, of the Constitution of the State of Iowa.

  Many concerns have been raised about the potential for year 2000 computer
  problems (Y2K).  I am confident that the financial institutions, public
  utilities and
  others identified in SF 405 have taken reasonable and prudent steps to
  address and to
  alleviate these potential problems.

  The taking of reasonable and prudent stops to prevent computer problems
  insulates
  financial institutions, public utilities and others from exposure to
  liability.  Only those
  who have failed to take the reasonable and prudent steps to avoid problems
  require the
  immunity protection afforded under SF 405.  Damages resulting from the
  failure to
  take such steps should not be borne by customers, consumers or the general
  public, nor
  should the costs of identifying and holding those parties liable be borne by
  innocent
  customers, consumers or members of the general public.

  I believe those responsible for taking reasonable and prudent steps should
  be held
  accountable when such steps are not taken and people suffer as a result.
  Current
  protections in existing law provide adequate protections against frivolous
  and non-
  meritorious suits.

  For the above reasons, I hereby respectfully disapprove Senate File 405.

  Sincerely,
  THOMAS J. VILSACK
  Governor

  BILLS SIGNED BY THE GOVERNOR

  A communication was received announcing that on April 26, 1999,
  the Governor approved and transmitted to the Secretary of State the
  following bills:

  S.F. 9 - Relating to the exemption of the sales and use tax on building
  materials,
  supplies, or equipment of certain rural water districts, and providing
  retroactive
  applicability and effective dates.

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