Oklahoma § 51-155.2 - Liability of state for Y2K failure

§ 51-155.2. Liability of state for Y2K failure

A. Except as provided in subsection C, D or E of this section,

the state or any political subdivision of the state or an

independent contractor of the state shall have no liability for

losses from any failure or malfunction occurring before December 31,

2002, which is caused directly or indirectly by the failure of

computer software or any device containing a computer processor to

accurately or properly recognize, calculate, display, sort, or

otherwise process dates or times.

B. Except as provided in subsection C, D or E of this section,

no claim or cause of action, including, without limitation, any

civil action or action for declaratory of injunctive relief, whether

arising out of contract or arising independent of contract, may be

brought against the state or any political subdivision of the state

or against an independent contractor or an officer or employee of

the state or a political subdivision on the basis that a computer or

other information system that is owned or operated by any of those

persons produced, calculated or generated an incorrect date or

failed to accurately store, process, provide or receive data. Any

contract entered into by or on behalf of and in the capacity of this

state, an immune contractor or an officer or employee of the state

or any of its agencies or political subdivisions must include a

Oklahoma Statutes - Title 51. Officers

provision that provides immunity to those persons for any breach of

contract that is caused by an incorrect date being produced,

calculated or generated by a computer or computer system or caused a

computer or computer system to fail to accurately store, process,

provide or receive data that is owned or operated by any of those

persons. Any contract subject to the provisions of this section

that is entered into on or after July 1, 1999, has the legal effect

of including the immunity required by this section, and any

provision of the contract which is in conflict with this section is

void. Notwithstanding any other provision herein, the provisions of

this subsection shall not provide immunity from fulfilling a

contract or relieve the state or any political subdivision of the

state of its obligation to fulfill the terms of a contract or to

provide services or make payments under the terms of the contract in

a reasonable length of time.

C. A claim may be brought pursuant to the Governmental Tort

Claims Act for negligence caused directly or indirectly by the

failure of computer software or any device containing a computer

processor to accurately or properly recognize, calculate, display,

sort, or otherwise process dates or times, if the failure resulted

in bodily injury or death.

D. Neither the state or any political subdivision of the state

shall be immune from a claim or cause of action if remediation

efforts were not begun by January 1, 1999.

E. Nothing in this section shall limit the liability of any

individual or entity to the state or any political subdivision of

the state, and contracts between the state or any political

subdivision of the state and an independent contractor will not

include a provision, express or implied, that grants the independent

contractor immunity from liability to the state or any political

subdivision of the state for any breach of contract that is caused

by an incorrect date being produced, calculated or generated by a

computer or computer system that is owned or operated by the

independent contractor.

F. As used in this section:

1. “Independent contractor” means a defendant, as defined in

Section 2 of this act, providing, pursuant to contract, a computer

program or software, a computer system, or providing computer

technical assistance to the state or a political subdivision of the

state;

2. “Remediation efforts” means:

a.

in the case of software, writing computer code to

correct dates in data sensitive programs,

b.

in the case of embedded chips or systems, testing the

embedded systems or chips to determine if they are

year 2000 compliant or assisting vendors in testing

for such compliance, and

Oklahoma Statutes - Title 51. Officers

c.

making necessary corrections to make the system

compliant; and

3. “Computer system” means any electronic device or collection

of devices, including support devices, networks and embedded chips,

and excluding calculators that are not programmable, that contain

computer programs or electronic instructions and that perform

functions including logic, arithmetic, data processing, data storage

and retrieval, communication or control.

Added by Laws 1999, c. 302, § 5, eff. July 1, 1999.