About Bill -- Links
SENATE BILL NO. 16
INTRODUCED BY B. KEENAN
BY REQUEST OF THE DEPARTMENT OF ADMINISTRATION
A BILL FOR AN ACT ENTITLED: "AN ACT
LIMITING LIABILITY FOR COMPUTER ERRORS AND RESULTING
HARM CAUSED BY THE MILLENNIUM CHANGE; PROVIDING GOVERNMENTAL IMMUNITY TO
GOVERNMENTAL ENTITIES AND HEALTH CARE FACILITIES FOR SUCH COMPUTER ERRORS AND
RESULTING HARM; AND PROVIDING AN IMMEDIATE EFFECTIVE DATE AND A TERMINATION DATE."
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MONTANA:
(Refer to Introduced Bill)
Strike everything after the enacting clause and insert:
NEW SECTION. Section 1. Millennium change -- immunity for governmental entities and health care facilities for computer errors and resulting harm -- exceptions. (1) Except as provided in subsection (2), a governmental entity, as defined in 2-9-101, or a health care facility, as defined in 50-5-101, is not liable, in the absence of gross negligence or willful or wanton misconduct, for any civil damages arising from any failure or malfunction that occurs before January 1, 2005, and that is caused directly or indirectly by the failure of an electronic computing device to accurately or properly recognize, calculate, display, sort, compare, project, sequence, or otherwise process dates or times.
(2) The immunity provided by subsection (1) does not apply to a health care facility if death or bodily injury results from the failure or malfunction.
(3) This section may not be interpreted to interfere with rights to receive statutorily mandated services, entitlements, or compensation from governmental entities. If the failure or malfunction directly or indirectly causes a governmental entity to fail to deliver services, entitlements, or compensation, the remedies available are the existing administrative procedures or remedies provided by law, except as expressly limited by this section. The only compensation for the failure or malfunction is the value of the service, amount of entitlement, or amount of compensation that was due.
(4) This section does not limit the ability of contracting parties to enter into agreements as they consider appropriate with regard to liability and damages. This section does not apply to actions based upon fraud.
(5) For purposes of this section, "electronic computing device" means any computer hardware, software, firmware, computer chip, embedded chip, process control equipment, timing device, or other information system that:
(a) captures, stores, manipulates, or processes data; or
(b) controls, monitors, or assists in the operation of physical apparatus that is not primarily used as a computer and that relies on automation or digital technology to function, including but not limited to buildings, structures, facilities, vehicles, vessels, elevators, medical equipment, traffic signals, factory machinery, and similar appliances, equipment, instruments, and machinery.
NEW SECTION. Section 2. Severability. If a part of [this act] is invalid, all valid parts that are severable from the invalid part remain in effect. If a part of [this act] is invalid in one or more of its applications, the part remains in effect in all valid applications that are severable from the invalid applications.
NEW SECTION. Section 3. Two-thirds vote required. Because [section 1] limits governmental liability, Article II, section 18, of the Montana constitution requires a vote of two-thirds of the members of each house of the legislature for passage.
NEW SECTION. Section 4. Effective date. [This act] is effective on passage and approval.
NEW SECTION. Section 5. Termination. [This act] terminates January 1, 2005.
- END -
Latest Version of SB 16 (SB0016.02)
Processed for the Web on February 12, 1999 (4:47PM)
New language in a bill appears underlined, deleted material appears stricken.
Sponsor names are handwritten on introduced bills, hence do not appear on the bill until it is reprinted. See the status of the bill for the bill's primary sponsor.
Status of this Bill | 1999 Session | Leg. Branch Home
This bill in WP 5.1 | All versions of all bills in WP 5.1
Prepared by Montana Legislative Services