BP BHEAD INT S [atlas:bill]

AN ACT Relating to immunity for businesses and 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; 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) Businesses and agencies exercise reasonable care 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 business' and agencies' electronic computing devices for year 2000 readiness is a complex and difficult challenge, and that even reasonable care 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 or any subdivision thereof, including any 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) "Business" means any business entity, including a sole proprietorship, corporation, partnership, or other legal entity.

(c) "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.

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

(2) No action may be brought against a business, its officers or directors, its employees, or 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 a business or an agency and arising out of or in connection with the year 2000 date change.

(a) A business, its officers, directors, or employees or an agency or its employees may not be held liable in any other action whether based in tort, contract, or otherwise for such damages.

(b) This subsection does not prohibit an action otherwise permitted by law for such damages if the claimant proves with clear and convincing evidence that the damages were caused by the business' or agency's willful failure to attempt to find and correct any such errors.

(c) This section does not apply to human physical injuries that may occur or be exacerbated as a result of a year 2000 error.

(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.

NEW SECTION. Sec. 3. 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.