Ohio § 2744.10

§ 2744.10.

(A) As used in this section: (1) Computer services, computer, computer system, computer network, computer program,

computer software, and data have the same meanings as in section 2913.01 of the Revised Code . (2) Information technology system or product includes a computer service, computer, computer

system, computer network, or computer program, computer software, and data and also

includes, but is not limited to, any software, firmware, microcode, hardware, embedded

chips, or other system or product or any combination of those items that creates,

reads, writes, calculates, compares, sequences, or otherwise processes date data. (3) State and political subdivision have the same meaning as in section 2744.01 of the Revised Code . (4) Year 2000 compliant means a computer system or systems that are, or will be, capable

of accurately processing, storing, providing and receiving date and time data from,

into, and between the twentieth and twenty-first centuries, including the years 1999

and 2000, and leap-year calculations, when used on a stand-alone basis or in combination

with other hardware, firmware, or software, without creating new errors or side effects.  The processing of date and time data includes, but is not limited to, calculating,

comparing, projecting, and sequencing. (B) The state or a political subdivision shall not be liable in any civil action or proceedings

for any damages caused by the failure of any information technology system or product

provided or used by the state or the political subdivision to be year 2000 compliant,

unless the claimant proves, by clear and convincing evidence, that both of the following

apply: (1) The failure of the information technology system or product to be year 2000 compliant

is the proximate cause of the damages alleged. (2) The state or the political subdivision failed to make a good faith effort, prior

to January 1, 2000, to become year 2000 compliant. (C) An action for damages against the state under this section shall be filed in the

court of claims pursuant to Chapter 2743. of the Revised Code.