Session of 1999
HOUSE BILL No. 2281
By Select Committee on Information Management
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. 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,
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. "Electronic computing de-
22 vice" may include, but not be limited to, vehicles, vessels, buildings, struc-
23 tures, facilities, elevators, medical equipment, traffic signals, factory ma-
24 chinery and the like.
25 (3) "Indirect or consequential damages" means any harm, loss, dam-
26 age or physical or mental injury of any nature whatsoever other than
27 goods, entitlements, services or compensation that governmental entities
28 are obligated to provide by contract, statute or rules and regulations.
29 (b) (1) Except as provided in paragraph (b)(2), no action may be
30 brought against a governmental entity or its employees for indirect or
31 consequential damages caused in whole or in part by computational or
32 interpretive errors generated by an electronic computing device, owned,
33 controlled or operated by a governmental entity, and arising out of or in
34 connection with the year 2000 date change. Neither a governmental entity
35 nor its employees may be held liable in any other action whether based
36 in tort, contract or otherwise for such damages.
37 (2) The sole remedy for indirect or consequential damages described
38 in paragraph (b)(1) involving state agencies shall be the right to file a
39 claim on the disputed damages with the joint committee on special claims
40 against the state pursuant to K.S.A. 46-907 et seq., and amendments
42 (c) Nothing in this section may be interpreted to interfere with con-
43 tractual rights, obligations, duties or warranties of private vendors sup-
44 plying electronic computing devices to governmental entities. If a gov-
45 ernmental entity or contractor fails to perform contractual obligations due
46 to computational or interpretive errors associated with the year 2000 date
47 change, the remedies available to the parties shall be as set forth in the
48 written contract.
49 (d) Nothing in this section may be interpreted to interfere with any
50 person's rights to receive statutorily mandated services, entitlements or
51 compensation from governmental entities. If a governmental entity fails
52 to deliver such services, entitlements or compensation due to computa-
53 tional or interpretive errors associated with the year 2000 date change,
54 the remedies available to such person shall be the existing administrative
55 procedures or remedies provided by law, except as expressly limited by
56 this section.
57 (e) This section shall be part of and supplemental to the Kansas tort
58 claims act.
59 Sec. 2. This act shall take effect and be in force from and after its
60 publication in the Kansas register.