PlainBillCongress, translated.Legislation. Context. Public interest.Read the second time. Placed on Senate Legislative Calendar under General Orders. Calendar No. 476.
Congressional Research Service
Version 18 · Reported to House amended, Part I · Feb 7, 2000
Small Business Liability Reform Act of 2000 - Title I: Small Business Lawsuit Abuse Protection - Allows punitive damages to be awarded against a small business only if the claimant establishes by clear and convincing evidence that conduct carried out by the defendant through willful misconduct or with a conscious, flagrant indifference to the rights or safety of others was the proximate cause of the harm that is the subject of the action. Limits such punitive damages to the lesser of three times the amount awarded for economic and noneconomic losses, or $250,000.(Sec. 104) States that in any civil action against a small business: (1) each defendant shall be liable only for the amount of noneconomic loss allocated to that defendant in direct proportion to the percentage of responsibility of that defendant for the harm caused to the plaintiff; and (2) the court shall render a separate judgment against each defendant describing such percentage of responsibility.(Sec. 105) Excepts from such liability limitations any misconduct of a defendant: (1) that constitutes a crime of violence, international terrorism, or a hate crime; (2) that results in liability for damages under specified provisions of the Oil Pollution Control Act of 1990 or the Comprehensive Environmental Response, Compensation, and Liability Act of 1980; (3) that involves a sexual offense or violation of a Federal or State civil rights law; (4) caused by being under the influence of intoxicating alcohol or a drug; or (5) relating to false claims or actions brought by the United States relating to fraud or false statements.(Sec. 106) Preempts inconsistent State law.Title II: Product Seller Fair Treatment - States that this title governs any product liability action brought in any Federal or State court. Excludes from this title actions for commercial loss, negligent entrustment, negligence per se concerning firearms and ammunition, and actions brought under a dram-shop or third-party liability arising out of the sale or provision of alcohol to an intoxicated person or a minor.(Sec. 204) Mandates that, in any product liability action covered by this Act, a product seller other than a manufacturer shall be liable to a claimant only if such claimant establishes that: (1) the product that caused the harm was sold, rented, or leased by the seller, the seller failed to exercise reasonable care with respect to the product, and such failure was the proximate cause of harm to the plaintiff; (2) the seller made an express warranty applicable to such product, the product failed to conform to the warranty, and such failure caused the harm to the plaintiff; or (3) the product seller engaged in intentional wrongdoing (as determined under applicable State law), and such wrongdoing caused the harm to the plaintiff. States that a seller shall not be considered to have failed to exercise reasonable care with respect to a product based upon a failure to inspect if: (1) there was no reasonable opportunity to inspect; or (2) such inspection would not have revealed the aspect of the product that allegedly caused the claimant's harm. Allows a seller to be liable as a manufacturer if: (1) the manufacturer is not subject to appropriate service of process; or (2) the court determines that the claimant is or would be unable to enforce a judgment against the manufacturer. Provides limited liability for persons engaged in the business of renting or leasing a product.Title III: Effective Date - Sets forth the effective date of this Act.
People & committees
Rep. Rogan, James E. [R-CA-27] · R–CA
Legislative record
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Read the second time. Placed on Senate Legislative Calendar under General Orders. Calendar No. 476.
Received in the Senate. Read the first time. Placed on Senate Legislative Calendar under Read the First Time.
Received in the Senate.
On passage Passed by recorded vote: 221 - 193 (Roll no. 25).
House roll call 25 · Individual votesMotion to reconsider laid on the table Agreed to without objection.
Passed/agreed to in House: On passage Passed by recorded vote: 221 - 193 (Roll no. 25).
House roll call 25 · Individual votesThe House adopted the amendment in the nature of a substitute as agreed to by the Committee of the Whole House on the state of the Union. (text: CR H474-476)
The previous question was ordered pursuant to the rule.
The House rose from the Committee of the Whole House on the state of the Union to report H.R. 2366.
DEBATE - Pursuant to the provisions of H. Res. 423, the Committee of the Whole proceeded with 40 minutes of debate on the Conyers amendment.
DEBATE - Pursuant to the provisions of H. Res. 423, the Committee of the Whole proceeded with 10 minutes of debate on the Watt amendment.
DEBATE - Pursuant to the provsions of H. Res. 423, the Committee of the Whole proceeded with 10 minutes of debate on the Moran amendment.
DEBATE - Pursuant to the provisions of H. Res. 423, the Committee of the Whole proceeded with 10 minutes of debate on the Hutchinson amendment.
GENERAL DEBATE - The Committee of the Whole proceeded with one hour of general debate on H.R. 2366.
The Speaker designated the Honorable Mac Thornberry to act as Chairman of the Committee.
House resolved itself into the Committee of the Whole House on the state of the Union pursuant to H. Res. 423 and Rule XXIII.
Rule provides for consideration of H.R. 2366 with 1 hour of general debate. Previous question shall be considered as ordered without intervening motions except motion to recommit with or without instructions. It shall be in order to consider as an original bill for the purpose of amendment under the five-minute rule the amendment in the nature of a substitute recommended by the Committee on the Judiciary now printed in the bill. Measure will be considered read. Specified amendments are in order.
Considered under the provisions of rule H. Res. 423. (consideration: CR H463-485)
Rule H. Res. 423 passed House.
Rules Committee Resolution H. Res. 423 Reported to House. Rule provides for consideration of H.R. 2366 with 1 hour of general debate. Previous question shall be considered as ordered without intervening motions except motion to recommit with or without instructions. It shall be in order to consider as an original bill for the purpose of amendment under the five-minute rule the amendment in the nature of a substitute recommended by the Committee on the Judiciary now printed in the bill. Measure will be considered read. Specified amendments are in order.
Placed on the Union Calendar, Calendar No. 278.
Committee on Commerce discharged.
Committee on Commerce discharged.
House Committee on Commerce Granted an extension for further consideration ending not later than Feb. 14, 2000.
Reported (Amended) by the Committee on Judiciary. H. Rept. 106-494, Part I.
Reported (Amended) by the Committee on Judiciary. H. Rept. 106-494, Part I.
Ordered to be Reported (Amended) by Voice Vote.
Committee Consideration and Mark-up Session Held.
Committee Consideration and Mark-up Session Held.
Committee Consideration and Mark-up Session Held.
Committee Hearings Held.
Referred to the Subcommittee on Telecommunications, Trade, and Consumer Protection.
Referred to the Committee on the Judiciary, and in addition to the Committee on Commerce, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.
Referred to the Committee on the Judiciary, and in addition to the Committee on Commerce, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.
Referred to the Committee on the Judiciary, and in addition to the Committee on Commerce, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.
Sponsor introductory remarks on measure. (CR E1411)
Introduced in House
Introduced in House
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