[atlas:bill]

AN ACT Relating to immunity for state and local government agencies and their employees for harm caused by incorrectly calculated or interpreted dates associated with year 2000 date changes processed by electronic computing devices; adding a new section to chapter 4.24 RCW; creating a new section; providing an expiration date; and declaring an emergency.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:

NEW SECTION. Sec. 1. (1) It is the intent of the legislature that:

(a) Agencies exercise due diligence to prepare electronic computing devices for which they are responsible to continue normal operation after the year 2000;

(b) Citizens and clients of agencies continue to receive statutorily mandated services, entitlements, and compensation delivered through electronic computing devices without interruption through and after the year 2000; and

(c) Vendors and contractors providing goods and services to agencies continue to receive payment for same without interruption through and after the year 2000.

(2) However, the legislature recognizes that preparing agencies' electronic computing devices for year 2000 readiness is a complex and difficult challenge, and that even due diligence practices may result in some failures of these devices.

(3) In the event of such failures, it is the intent of the legislature that affected citizens, clients, vendors, and contractors have recourse to existing administrative or contractual remedies to obtain redress but not otherwise compensate them for consequences of the failure.

NEW SECTION. Sec. 2. A new section is added to chapter 4.24 RCW to read as follows:

(1) As used in this section:

(a) "Agency" means any state or local government board, commission, bureau, committee, department, institution, division, or tribunal in the legislative, executive, or judicial branch, including elective and legislative offices, institutions of higher education created and supported by state government, counties, cities, towns, special purpose districts, local service districts, municipal corporations, quasi-municipal corporations, and political subdivisions of such agencies and corporations.

(b) "Electronic computing device" means any computer hardware or software, computer chip, embedded chip, process control equipment, or other information system used to capture, store, manipulate, or process data, or that controls, monitors, or assists in the operation of physical apparatus that is not primarily used as a computer, but that relies on automation or digital technology to function, including but not limited to vehicles, vessels, buildings, structures, facilities, elevators, medical equipment, traffic signals, factory machinery, and the like.

(c) "Indirect or consequential damages" means any harm, loss, damage, or physical or mental injury of any nature whatsoever other than goods, entitlements, services, or compensation that agencies are by contract, statute, or rule obligated to provide.

(d) "Reasonable care" means the process by which an agency documents the means taken to remedy year 2000 electronic computing problems. The process includes, but is not limited to, identification of all electronic computing devices, identification of steps needed to bring systems into year 2000 compliance, review of all contract language to determine what other parties may have liability to correct year 2000 problems, implementing a plan to correct the identified year 2000 problems, and requiring all future acquisitions to be year 2000 compliant.

(2) No action may be brought against an agency or its employees for indirect or consequential damages caused in whole or in part by computational or interpretive errors generated by an electronic computing device, owned, controlled, or operated by an agency, and arising out of or in connection with the year 2000 date change. Neither an agency nor its employees may be held liable in any other action whether based in tort, contract, or otherwise for such damages, if the agency has exercised reasonable care to prepare electronic computing devices, for which they are responsible, to continue normal operation after the year 2000.

(3) Nothing in this chapter may be interpreted to interfere with contractual rights, obligations, duties, or warranties of private vendors supplying electronic computing devices to agencies. In the event of an agency's or contractor's failure to perform contractual obligations due to computational or interpretive errors associated with the year 2000 date change, the remedies available to the parties shall be as set forth in their written contract.

(4) Nothing in this section may be interpreted to interfere with citizens' rights to receive statutorily mandated services, entitlements, or compensation from agencies. In the event of an agency's failure to deliver such services, entitlements, or compensation due to computational or interpretive errors associated with the year 2000 date change, the remedies available to the citizen or client shall be the existing administrative procedures or remedies provided by law, except as expressly limited by this section.

(5) No action may be brought against an agency or its employees for indirect or consequential damages caused in whole or in part by computational or interpretive errors generated by an electronic computing device owned, controlled, or operated by an agency, and arising out of or in connection with the year 2000 date change, if the agency has exercised reasonable care to prepare electronic computing devices, for which they are responsible, to continue normal operation after the year 2000. Neither an agency nor its employees may be held liable in any other action whether based in tort, contract, or otherwise for such damages.

NEW SECTION. Sec. 3. This act does not apply to any action or omission occurring after December 31, 2003, and expires December 31, 2008.

NEW SECTION. Sec. 4. This act is necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and takes effect immediately.