2006 Ohio Revised Code - 2744.10. Immunity as to Y2K damages.

§ 2744.10. Immunity as to Y2K damages.

(A)  As used in this section: 

(1) "Computer services," "computer," "computer system," "computer network," "computer program," "computer software," and "data" have the same meanings as in section 2913.01 of the Revised Code. 

(2) "Information technology system or product" includes a computer service, computer, computer system, computer network, or computer program, computer software, and data and also includes, but is not limited to, any software, firmware, microcode, hardware, embedded chips, or other system or product or any combination of those items that creates, reads, writes, calculates, compares, sequences, or otherwise processes date data. 

(3) "State" and "political subdivision" have the same meaning as in section 2744.01 of the Revised Code. 

(4) "Year 2000 compliant" means a computer system or systems that are, or will be, capable of accurately processing, storing, providing and receiving date and time data from, into, and between the twentieth and twenty-first centuries, including the years 1999 and 2000, and leap-year calculations, when used on a stand-alone basis or in combination with other hardware, firmware, or software, without creating new errors or side effects. The processing of date and time data includes, but is not limited to, calculating, comparing, projecting, and sequencing. 

(B)  The state or a political subdivision shall not be liable in any civil action or proceedings for any damages caused by the failure of any information technology system or product provided or used by the state or the political subdivision to be year 2000 compliant, unless the claimant proves, by clear and convincing evidence, that both of the following apply: 

(1) The failure of the information technology system or product to be year 2000 compliant is the proximate cause of the damages alleged. 

(2) The state or the political subdivision failed to make a good faith effort, prior to January 1, 2000, to become year 2000 compliant. 

(C)  An action for damages against the state under this section shall be filed in the court of claims pursuant to Chapter 2743. of the Revised Code. 

HISTORY: 148 v H 283. Eff 9-29-99.

The effective date is set by section 162 of HB 283. 

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