2009 California Civil Code - Section 3272-3272.9 :: Title 17. Year 2000 Problem Liability

3272.  It is the intent of the Legislature to clearly define the
legal standards that relate to the Year 2000 Problem and the extent
to which state statute conforms to Public Law 106-37 of the United
States Code.

3272.1.  For purposes of this title, the following definitions shall
apply:
   (a) "Year 2000 Problem" has the same meaning as that set forth in
subdivision (a) of Section 3269.
   (b) "Public entity" means the state, county, city, special
district or other political subdivision, therein.
   (c) "Small business" means any unincorporated business,
partnership, corporation, association, or organization with fewer
than 50 full-time employees.
   (d) "Civil fine" means any civil fine or penalty or any
administrative fine, penalty, or late fee, not including interest.

3272.2.  Except as provided by this title, no provision of state
statute shall be construed to limit damages or liability, afford
greater protection to defendants in Year 2000 Problem actions, or
provide a greater degree of protection from joint or several
liability than is afforded by Public Law 106-37 of the United States.

3272.3.  (a) Except as provided by this section, no state agency
shall impose any civil fine on a small business for a violation of an
administrative rule or regulation or a noncriminal statute as a
result of a Year 2000 Problem suffered by the small business if both
of the following conditions are met:
   (1) The rule or regulation in question has not been violated by
the small business within the preceding three years.
   (2) The small business has made a good faith effort to prevent,
and effectively remediate, potential Year 2000 Problems.
   (b) Except as provided by this section, no state agency shall
impose any civil fine on a small business for a violation of a state
rule or regulation as a result of a Year 2000 Problem that occurred
as a result of efforts to prevent the disruption of critical
functions or services that could result in harm to life or property.
   (c) Subdivisions (a) and (b) shall only apply if the small
business has done all of the following:
   (1) Upon identification of a violation, initiated reasonable and
prompt measures to correct the violation.
   (2) Submitted notice to the appropriate state agency of a
violation within five business days of the initial identification of
the violation.
   (3) The small business corrected the violation not later than one
month after initial notification to the appropriate state agency.
   (d) Subdivisions (a) and (b) shall not apply to violations if an
agency determines any of the following:
   (1) That a failure to comply with rules or regulations resulted in
actual harm, or constitutes an imminent threat, to public health or
safety.
   (2) That a failure to comply with rules or regulations resulted in
actual harm, or constitutes an imminent threat, to the environment.
   (3) That a failure to comply with rules or regulations resulted in
a substantial financial injury to any individual or organization.
   (e) Not later than January 31, 2000, and until December 31, 2000,
each state agency shall establish a point of contact within the
agency to act as a liaison between the agency and small businesses
with respect to the duties prescribed by this section.
   (f) This section shall not apply to violations caused by a Year
2000 Problem occurring after December 31, 2000.

3272.4.  Nothing in this title shall create a new cause of action,
and except as otherwise explicitly provided in this title, nothing in
this title shall expand any liability otherwise imposed under state
law.

3272.7.  Nothing in this title shall supersede any provision of
Title 17 (commencing with Section 3269) of the Civil Code and Title 1
(commencing with Section 1) of the Government Code, or abrogate any
rights, obligations, limitations on damages applicable to public
entities, or remedies applicable to public entities under existing
law.

3272.9.  This title shall become inoperative on July 1, 2001.