Session of 1998
By Representative O'Neal
            9             AN ACT concerning the Kansas tort claims act; relating to the year 2000
10             date change in computers.
12       Be it enacted by the Legislature of the State of Kansas:
13           Section 1. (a) As used in this section:
14           (1) ``Governmental entity'' and ``employee'' shall have the meaning
15       ascribed to such terms under K.S.A. 75-6102 and amendments thereto.
16           (2) ``Electronic computing device'' means any computer hardware or
17       software, computer chip, embedded chip, process control equipment or
18       other information system used to capture, store, manipulate or process
19       data, or that controls, monitors or assists in the operation of physical
20       apparatus that is not primarily used as a computer, but that relies on
21       automation or digital technology to function, including but not limited to
22       vehicles, vessels, builds, structures, facilities, elevators, medical equip-
23       ment, traffic signals, factory machinery and the like.
24           (3) ``Indirect or consequential damages'' means any harm, loss, dam-
25       age, or physical or mental injury of any nature whatsoever other than
26       goods, entitlements, services or compensation that governmental entities
27       are by contract, statute or rules and regulations obligated to provide.
28           (b) No action may be brought against a governmental entity or its
29       employees for indirect or consequential damages caused in whole or in
30       part by computational or interpretive errors generated by an electronic
31       computing device, owned, controlled or operated by a governmental en-
32       tity, and arising out of or in connection with the year 2000 date change.
33       Neither a governmental entity nor its employees may be held liable in
34       any other action whether based in tort, contract or otherwise for such
35       damages.
36           (c) Nothing in this section may be interpreted to interfere with con-
37       tractual rights, obligations, duties or warranties of private vendors sup-
38       plying electronic computing devices to governmental entities. In the event
39       of a governmental entity's or contractor's failure to perform contractual
40       obligations due to computational or interpretive errors associated with
41       the year 2000 date change the remedies available to the parties shall be
42       as set forth in the written contract.
43           (d) Nothing in this section may be interpreted to interfere with citi-

HB 2885


  1       zens' rights to receive statutorily mandated services, entitlements or com-
  2       pensation from governmental entities. In the event of a governmental
  3       entity's failure to deliver such services, entitlements or compensation due
  4       to computational or interpretive errors associated with the year 2000 date
  5       change, the remedies available to the citizen or client shall be the existing
  6       administrative procedures or remedies provided by law, except as ex-
  7       pressly limited by this section.
  8           (e) This section shall be part of and supplemental to the Kansas tort
  9       claims act.
10           Sec. 2. This act shall take effect and be in force from and after its
11       publication in the Kansas register