Page:United States Statutes at Large Volume 113 Part 1.djvu/226

 113 STAT. 202 PUBLIC LAW 106-37 -^JULY 20, 1999 (C) the plaintiff class does not seek an award of punitive dsunages, and the Eimount in controversy is less than the sum of $10,000,000 (exclusive of interest and costs), computed on the basis of all cleiims to be determined in the action; or (D) there are less than 100 members of the proposed plaintiff class. A party urging that any exception described in subparagraph (A), (B), (C), or (D) applies to an action shall bear the full burden of demonstrating the applicability of the exception. (3) PROCEDURE IF REQUIREMENTS NOT MET. — (A) DISMISSAL OR REMAND. — A United States district court shall dismiss, or, if after removal, strike the class allegations and remand, any Y2K action brought or removed under this subsection as a class action if— (i) the action is subject to the jurisdiction of the coiut solely under this subsection; and (ii) the court determines the action may not proceed as a class action based on a failure to satisfy the conditions of Rule 23 of the Federal Rules of Civil Procediu-e. (B) AMENDMENT; REMOVAL.— Nothing in psu-agraph (A) shall prohibit plaintiffs from filing an simended class action in Federal or State coiui;. A defendant shall have the right to remove such an amended class action to a United States district court under this subsection. (C) PERIOD OF LIMITATIONS TOLLED.— Upon dismissal or remand, the period of limitations for any claim that was asserted in an action on behalf of any named or unnamed member of any proposed class shall be deemed tolled to the full extent provided under Federal law. (D) DISMISSAL WITHOUT PREJUDICE. —The dismissal of a Y2K action under subparagraph (A) shall be without prejudice. (d) EFFECT ON RULES OF CIVIL PROCEDURE.— Except as otherwise provided in this section, nothing in this section supersedes any rule of Federal or State civil procedure applicable to class actions. 15 USC 6615. SEC. 16. APPLICABILITY OF STATE LAW. Nothing in this Act shall be construed to affect the applicability of any State law that provides stricter limits on damages and liabilities, affording greater protection to defendants in Y2K actions, than are provided in this Act. 15 USC 6616. SEC. 17. ADMISSIBLE EVIDENCE ULTIMATE ISSUE IN STATE COURTS. Any party to a Y2K action in a State court in a State that has not adopted a rule of evidence substantiedly similar to Rule 704 of the Federal Rules of Evidence may introduce in such action evidence that would be admissible if Rule 704 applied in that jurisdiction. 15 USC 6617. SEC. 18. SUSPENSION OF PENALTIES FOR CERTAIN YEAR 2000 FAIL- URES BY SMALL BUSINESS CONCERNS. (a) DEFINITIONS.—In this section— (1) the term "agency" means any executive agency, as defined in section 105 of title 5, United States Code, that

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