Suggested State Legislation 1999 Y2K Supplement
Suggested State Legislation 1999 Y2K Supplement
Foreword - Year 2000/Y2K
Potential glitches in computer
hardware and software at the turn of the 21st century concern governments around the
world. The stakes are enormous. The CSG Committee on Suggested State Legislation is
publishing this supplement to enable interested readers to examine state efforts to
resolve the Y2K problem.
The supplement contains items which are
offered as a sampling of state actions. They are in addition to the legislation that is
highlighted in the "Year 2000/Y2K Note" (page 268)
in the 1999 Suggested State Legislation. Due to the
seriousness of the issue, the committee has also chosen to depart from tradition by
including an Appendix in the supplement along with the
legislation. The Appendix contains state
contacts, state Y2K Web sites, a Presidential Executive Order on the Year 2000
conversion, the federal "Year 2000
Information and Readiness Disclosure Act of 1998" a summary of other federal Y2K legislation and a list of potential and
filed Y2K lawsuits. We hope users will find the information timely
and useful.
Readers should note that CSG has
standardized the presentation of the items in this supplement by formatting them in HTML.
Overview
As expected, most states are well underway in preparing for the Year 2000 date change. Major issues within the Y2K arena include:
Generally, state Y2K efforts begin with gubernatorial executive orders and administrative policy statements that acknowledge the significance of Y2K and direct state agencies to take action to solve the problem. For example, a Nevada Executive Order declares that "The state's automated systems is at risk from the Year 2000 problem and unless immediately addressed, a great many automated systems with mission critical applications will be negatively impacted." Louisiana Executive Order MJF96-50 says "A timely review of all state owned and operated computer information systems for Year 2000 compliance will minimize chance that the Year 2000 will detrimentally impact on the services and operations of the state."
"The IT product(s), when used in accordance with its associated documentation, will be capable upon installation of accurately processing, providing and/or receiving data from, into and between the twentieth and twenty-first centuries, including the years 1999 and 2000 and leap year calculations, provided that all other products (e.g., hardware, software and firmware) used in combination with the IT product(s) properly exchange data as appropriate."
Finally, in 1998 New York introduced a bill to encourage the private sector to correct Y2K problems. New York AO 9552 would provide corporate tax credits of up to $5,000 per year from 1998 to 2000 for correcting and converting computer hardware and software to recognize a years in a four digit format (e.g., 1998 versus 98). This bill had not passed the legislature as of December 1998.
Nevada
EXECUTIVE ORDER
BY THE GOVERNOR
WHEREAS, the State of Nevada has
a multi-million dollar investment in numerous information
technology systems and
equipment responsible for providing services and improving public safety for
all Nevadans; and,
WHEREAS, most computers and
automated systems worldwide are threatened by the Year 2000
problem, which because
previous date standards represented years with only two digits instead of four,
fails to recognize dates
beyond 1999; and,
WHEREAS, the effectiveness
of Nevada's automated systems is at risk from the Year 2000 problem and
unless immediately addressed,
a great many automated systems with mission-critical applications will be
negatively impacted; and,
WHEREAS, this
Administration, through the Department of Information Technology's Year 2000
Program have raised awareness
of the Year 2000 issue and have proactively directed State departments,
agencies, boards and
commissions to assess and correct their Year 2000 problem; and,
WHEREAS, the complex nature
of the problem and the time necessary for Nevada entities to detect Year
2000 flaws, devise solutions,
and adequately test information systems make time of the essence.
NOW, THEREFORE, I, GOVERNOR BOB MILLER, Governor of
the State of Nevada, by virtue of the power
and authority vested in me by the Constitution and
statutes of the State of Nevada, do hereby issue this order
to become effective immediately:
1. Year 2000 solutions shall be a State
priority. With due consideration for mandated initiatives, each
agency shall defer commencing
new computer projects until essential systems are Year 2000 compliant.
2. State agencies shall not purchase
new systems, hardware, software or equipment that is not Year 2000
compliant or fails to contain
Year 2000 contract language.
3. The Department of Information
Technology shall continue to coordinate the state's information
technology Year 2000 Program.
The Department shall:
A. Define
Year 2000 compliance standards for the State.
B. Require
monthly reports from each State agency that is not Year 2000 compliant.
C. Provide
Year 2000 progress reports to the Administration and the Legislature.
D. Foster
solutions to the problems presented by embedded microchips in automated devices.
E. Address
Year 2000 legal issues which may directly or indirectly affect State agencies.
F.
Coordinate contingency planning efforts by state agencies.
G. Work with
local county government and municipal representatives to coordinate the complex
multiple interface issues and to foster information sharing and cooperation.
H. Promote
awareness of the Year 2000 problem to Nevada public entities and private industry and
underscore the need to proactively implement solutions.
4. There is hereby established a State
Year 2000 Coordinating Council (hereinafter referred to as
"Council"). The
Council shall:
A.
Coordinate a State Emergency Contingency Plan to ensure continued operations of vital
government services, which include, but are not limited to, fire departments and other
emergency
service organizations.
B. Shall
consist of, but is not limited to, the following agencies:
1. Department of Information Technology, to serve as Council Chair;
2. Department of Motor Vehicles and Public Safety, Emergency Management Division;
3. Department of Motor Vehicles and Public Safety, State Fire Marshal's Office;
4. Public Utilities Commission;
5. Nevada National Guard; and,
6. Department of Administration, Buildings and Grounds Division.
5. Each state regulatory agency is
requested to ensure that industries under its regulatory authority
demonstrate and certify Year
2000 compliance. Said regulatory agencies include, but are not limited to,
those entities which have
authority over such industries as banking, utilities, insurance, gaming and
environmental protection.
Louisiana
EXECUTIVE ORDER MJF 96-50
(*As amended by Executive Order MJF 98-04)
Computer Systems Compliance
WHEREAS: computer technology is vital to the daily
operation of state government;
WHEREAS: historically, computer information systems have been designed to store and process only the last two digits of dates; for example, for the year "1996," only the "96" will be stored and processed;
WHEREAS: this computer design style is expected to
cause errors in a large number of computer information
systems on and after Saturday, January 1, 2000;
WHEREAS: the estimated cost of resolving year 2000 errors in computer information systems is more than $400 billion worldwide, with an average corporate impact cost of $40 million;
WHEREAS: the State of Louisiana cannot afford to suffer an interruption of services or operations on or after January 1, 2000 due to state computer information systems being incompatible with the year 2000;
WHEREAS: a timely review of all state owned or
operated computer information systems for year 2000
compliance will minimize the chance that the year 2000
will detrimentally impact on the services and operations of the state; and
WHEREAS: the potential for the occurrence of any detrimental consequences to state services and operations will be decreased if the state implements an immediate policy of acquiring and deploying only those computer information systems which are compliant with the year 2000;
NOW THEREFORE I, M.J. "MIKE" FOSTER, JR., Governor of the State of Louisiana, by virtue of the authority vested by the Constitution and laws of the State of Louisiana, do hereby order and direct as follows:
* SECTION 1: Any contract for the purchase or
acquisition of computer hardware, software, firmware product, data processing service,
information system and/or custom computer item, in excess of $5,000, by any state agency,
commission, board, entity, or department (hereafter "state agency"), shall
include a provision that any such item(s) or services(s) purchased or acquired shall be
"year 2000 compliant" on or before July 1, 1999.
* SECTION 2:
A. The term "year 2000 compliant" as used in
this Order means the hardware, software, firmware product, data processing service,
information system, and/or custom computer item (hereafter "product"), when
used properly, shall accurately process, provide,
and/or receive date data before, during, or after January 1, 2000.
B. When interpreting the foregoing definition, the
following illustrative rules shall apply:
1. A system means two or more specific listed products that a contract designates are to
perform
together. The specific listed products need not be purchased at the same time or from the
same
vendor, and may include products already owned by the state agency.
2. If a contract indicates that specific listed products are performing or shall perform
as a system,
then such products shall accurately process, provide, exchange, and/or receive date data
before,
during, or after January 1, 2000.
* SECTION 3: The provisions of this Order shall not apply to any contract perfected or entered into prior to October 17, 1996.
SECTION 4: All departments, commissions, boards,
agencies, and officers of the state, or any political
subdivision thereof, shall evaluate the impact of the
year 2000 on their current computer information system(s); determine which system(s) must
be corrected or replaced as a result of the adverse impact of the year 2000 on their
computer information system(s); and initiate corrective action that will be in effect on
or before July 1, 1999, to ensure that their services and/or operations will not be
interrupted due to the year 2000.
SECTION 5: All departments, commissions, boards,
agencies, and officers of the state, or any political
subdivisions thereof, are authorized and directed to
cooperate with the implementation of the provisions of this Order.
SECTION 6: The provisions of this Order are effective upon signature and shall remain in effect until amended, modified, terminated, or rescinded by the Governor, or terminated by operation of law.
IN WITNESS WHEREOF, I have set my hand officially
and caused to be affixed the Great Seal of the State of
Louisiana at the Capitol, in the City of Baton Rouge on
this 17th day of October, 1996. (* The amended sections to this executive order took
effect January 22, 1998.)
M.J. "Mike" Foster
Governor
ATTEST BY
THE GOVERNOR
Fox McKeithen
Secretary of State
Oregon
HB 2903
69th OREGON LEGISLATIVE ASSEMBLY--1997 Regular
Session
Enrolled House Bill 2903
Sponsored by Representative HILL; Representative ADAMS
AN ACT Relating to information systems problems connected with the year 2000.
Be It Enacted by the People of the State of Oregon:
SECTION 1. { + Sections 2 and 3 of this Act are added to and made a part of ORS 184.305 to 184.345. + }
SECTION 2. { + The Legislative Assembly finds
and declares that:
(1) For decades, computer
programmers have minimized data storage and data entry time by storing the year as two
digits instead of four in date fields. This could cause erroneous calculations when
computer systems interpret '00' as '1900 ' instead of '2000.' Software performing
arithmetic operations or comparisons or sorting on date fields may fail or yield incorrect
results when working with years beyond 1999.
(2) The year 2000 presents a
worldwide, time-sensitive software problem. There is no single solution for any Oregon
governmental unit. The duration and cost of a solution will vary depending on the
complexity of a system, the extent of the problem and the availability of resources.
(3) This problem extends beyond
information technology systems. Telephones, elevators, thermostats and systems related to
heating and ventilation, security and metering could be affected. Left unattended,
this problem could cause business failure, loss of opportunity, extreme customer
dissatisfaction and expensive
litigation.
(4) Recruiting information
technology system personnel who can assist in correcting year 2000 date field errors is a
time-critical problem. There is a shortage of qualified personnel in public and
private sectors. Oregon government is experiencing this shortage due, in part, to
retirements and market competition. + }
SECTION 3. { + It is the intent of the
Legislative Assembly to ensure the successful operation of state information technology
systems through the millennium change. Therefore, the Legislative Assembly directs that:
(1) The Oregon Department of
Administrative Services shall develop and implement a year 2000 statewide plan for state
agencies;
(2) The department shall report
periodically to the Joint Legislative Committee on Information Management and Technology
concerning development and implementation of the plan;
(3) The department shall develop
appropriate standards and policies and make such information available to state agencies;
(4) As year 2000 issues arise,
prompt action shall be taken by the affected agency in accordance with appropriate
statewide policies and practices;
(5) Each agency shall cooperate
fully in carrying out the policies and practices of this state; and
(6) The department shall maintain a
qualified workforce to correct state information technology systems prior to the year 2000
by developing a Y2K Corps. To develop the Y2K Corps, the department shall:
(a) Coordinate with state agencies to identify and prioritize the number of full-time
equivalent employees needed to work on Oregon's year 2000 compliance efforts;
(b) Establish agreements with institutions of higher education and community colleges to
develop an Accelerated Training and Certification Course that focuses on providing needed
programming
skills and knowledge;
(c) Develop an employment method, including scholarships and incentives, that focuses on
recruiting and retaining persons who have completed the Accelerated Training and
Certification Course;
(d) Employ participants on a temporary basis, ensuring that those who have completed the
Accelerated Training and Certification Course are given first consideration for placement
under the Y2K Corps;
(e) Permit state agencies to employ persons who receive a service retirement allowance and
are eligible to participate in the Y2K Corps;
(f) Define standards for certification of retired people indicating that they meet the
program's eligibility criteria;
(g) Give preferred status for placement within state agencies to retirees participating in
the Y2K Corps;
(h) Allow those who are placed as described in paragraph (g) of this subsection to
exceed the 1,040-hour limit set forth in ORS 238.082, not precluding the dollar limits set
forth by the Social Security Administration; and
(i) Finance the Y2K Corps with legislative emergency funds previously set aside for State
of Oregon year 2000 needs or with funds available in state agency budgets. + }
----------
Passed by House May 22, 1997
Repassed by House June 20,
1997
Passed by Senate June 17, 1997
Status:
enacted into law in 1997.
IN S E N A T E
May 26, 1998
Introduced by Sen.
STAFFORD -- (at request of the Governor) -- read twice and ordered printed,
and when printed to be committed to the Committee on Rules
AN ACT to amend the public officers law, in relation to permitting former state officers and employees to contract with state agencies where the contractor is required for the state's year 2000 compliance project.
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. Subdivision 8
of section 73 of the public officers law is amended by adding a new paragraph (g) to read
as follows:
(G) NOTWITHSTANDING THE
PROVISIONS OF SUBPARAGRAPHS (I) AND (II) OF PARAGRAPH (A)
OF THIS SUBDIVISION, A FORMER STATE OFFICER OR EMPLOYEE MAY CONTRACT INDIVIDUALLY,
OR AS A MEMBER OR EMPLOYEE OF A FIRM, CORPORATION OR ASSOCIATION, TO RENDER
SERVICES TO ANY STATE AGENCY WHEN THE AGENCY HEAD CERTIFIES IN WRITING TO THE STATE
ETHICS COMMISSION THAT THE SERVICES OF SUCH FORMER OFFICER OR EMPLOYEE ARE
REQUIRED IN CONNECTION WITH THE AGENCY'S EFFORTS TO ADDRESS
THE STATE'S YEAR 2000 COMPLIANCE PROBLEM.
Section 2. This act shall take
effect immediately.
EXPLANATION--Matter in ITALICS (underscored) is new;
matter in brackets { } is old law to be omitted.
Enacted as Chapter 218, Laws of 1998.
State of Washington
55th Legislature
1998 Regular Session
By Representatives D. Schmidt and Scott
Read first time 01/26/98. Referred to
Committee on Appropriations.
AN ACT Relating to the
employment of retired public employees to correct computer systems; adding a new section
to chapter 41.40 RCW; and providing an expiration date.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:
{+ NEW SECTION. +}
Sec. 1. A new section is added to chapter 41.40
RCW to read as follows:
(1) Notwithstanding the
provisions of RCW 41.40.037(2), a retiree may work more than five months per calendar year
in an eligible position without suspension of his or her benefit if any month that the
retiree works beyond five months is programming work to correct computer system problems
arising from identifying each year using two digits, which is commonly known as a
"year 2000 project."
(2) This section expires June
30, 2001.
Status - Referred to Appropriations
Committee in January 1998.
Conditions and limitations on actions: Incorrect date generated by computer or information system; limitation on liability; contracts must contain immunity provision. [Expires by limitation on December 30, 2005.]
1. No cause of action, including, without
limitation, any civil action or action for declaratory or injunctive
relief, may be brought under NRS 41.031 (see below) or
against an immune contractor or an officer or employee of the state or any of its agencies
or political subdivisions on the basis that a computer or other information system that is
owned or operated by any of those persons produced, calculated or generated an incorrect
date, regardless of the cause of the error.
2. Any contract entered into by or on behalf of and in the capacity of the State of Nevada, an immune contractor or an officer or employee of the state or any of its agencies or political subdivisions must include a provision that provides immunity to those persons for any breach of contract that is caused by an incorrect date being produced, calculated or generated by a computer or other information system that is owned or operated by any of those persons, regardless of the cause of the error.
3. Any contract subject to the provisions of this
section that is entered into on or after June 30, 1997, has the
legal effect of including the immunity required by this
section, and any provision of the contract which is in
conflict with this section is void.
(Added to NRS by 1997, 914)
NRS 41.031 Waiver of immunity from liability and action; actions; State of Nevada as defendant; service of process.
1. The State of Nevada hereby waives its immunity
from liability and action and hereby consents to have its
liability determined in accordance with the same rules
of law as are applied to civil actions against natural
persons and corporations, except as otherwise provided
in NRS 41.032 to 41.038, inclusive, 485.318,
subsection 3 and any statute which expressly provides
for governmental immunity, if the claimant complies
with the limitations of NRS 41.010 or the limitations
of NRS 41.032 to 41.036, inclusive. The State of Nevada further waives their immunity from
liability and action of all political subdivisions of the state, and their liability must
be determined in the same manner, except as otherwise provided in NRS 41.032 to 41.038,
inclusive, subsection 3 and any statute which expressly provides for governmental
immunity, if the claimant complies with the limitations of NRS 41.032 to 41.036,
inclusive.
2. An action may be brought under this section
against the State of Nevada or any political subdivision of the state. In any action
against the State of Nevada, the action must be brought in the name of the State of Nevada
on relation of the particular department, commission, board or other agency of the state
whose actions are the basis for the suit. An action against the State of Nevada must be
filed in the county where the cause or some part thereof arose or in Carson City. In an
action against the State of Nevada, the summons and a copy of the complaint must be served
upon:
(a) The attorney general, or a
person designated by the attorney general, at the office of the attorney general in Carson
City; and
(b) The person serving in the office
of administrative head of the named agency.
3. The State of Nevada does not waive its immunity from suit conferred by Amendment XI of the Constitution of the United States.
(Added to NRS by 1965, 1413; A 1975, 209, 421; 1977,
275; 1979, 628; 1987, 95; 1989, 695; 1991, 142; 1993, 148, 824, 1501, 2489, 2491, 492;
1995, 583, 639; 1997, 473)
Virginia
H 277 (CH 820, Laws of 1998)
An Act to amend and reenact § 8.01-195.3 of the
Code of Virginia, relating to the Virginia Tort Claims Act;
immunity from claims based on certain computer
failures. [H 277] Approved April 22, 1998
Be it enacted by the General Assembly of Virginia:
1. That §8.01-195.3 of the Code of Virginia is amended and reenacted as follows:
§ 8.01-195.3. Commonwealth, transportation district or locality liable for damages in certain cases.
Subject to the provisions of this article, the Commonwealth shall be liable for claims for money only accruing on or after July 1, 1982, and any transportation district shall be liable for claims for money only accruing on or after July 1, 1986, on account of damage to or loss of property or personal injury or death caused by the negligent or wrongful act or omission of any employee while acting within the scope of his employment under circumstances where the Commonwealth or transportation district, if a private person, would be liable to the claimant for such damage, loss, injury or death. However, except to the extent that a transportation district contracts to do so pursuant to § 15.1-1358 15.2-4518, neither the Commonwealth nor any transportation district shall be liable for interest prior to judgment or for punitive damages. The amount recoverable by any claimant shall not exceed (i) $25,000 for causes of action accruing prior to July 1, 1988, $75,000 for causes of action accruing on or after July 1, 1988, or $100,000 for causes of action accruing on or after July 1, 1993, or (ii) the maximum limits of any liability policy maintained to insure against such negligence or other tort, if such policy is in force at the time of the act or omission complained of, whichever is greater, exclusive of interest and costs.
Notwithstanding any provision hereof, the individual immunity of judges, the Attorney General, attorneys for the Commonwealth, and other public officers, their agents and employees from tort claims for damages is hereby preserved to the extent and degree that such persons presently are immunized. Any recovery based on the following claims are hereby excluded from the provisions of this article:
1. Any claim against the Commonwealth based upon an act or omission which occurred prior to July 1, 1982.
1a. Any claim against a transportation district
based upon an act or omission which occurred prior to July 1,
1986.
2. Any claim based upon an act or omission of the
General Assembly or district commission of any
transportation district, or any member or staff thereof
acting in his official capacity, or to the legislative function of any agency subject to
the provisions of this article.
3. Any claim based upon an act or omission of any court of the Commonwealth, or any member thereof acting in his official capacity, or to the judicial functions of any agency subject to the provisions of this article.
4. Any claim based upon an act or omission of an officer, agent or employee of any agency of government in the execution of a lawful order of any court.
5. Any claim arising in connection with the assessment or collection of taxes.
6. Any claim arising out of the institution or
prosecution of any judicial or administrative proceeding, even if
without probable cause.
7. Any claim by an inmate of a state correctional facility, as defined in §53.1-1, unless the claimant verifies under oath, by affidavit, that he has exhausted his remedies under the adult institutional inmate grievance procedures promulgated by the Department of Corrections; provided, that this exemption is applicable only if the Attorney General of the United States has certified under 42 U.S.C. § 1997e (c) (1) that those procedures are in substantial compliance with the minimal standards promulgated under 28 C.F.R. § 40 (1988), as may be amended from time to time. The time for filing the notice of tort claim shall be tolled during the pendency of the grievance procedure.
8. Any claim arising from the failure of a computer, software program, database, network, information system, firmware or any other device, whether operated by or on behalf of the Commonwealth of Virginia or one of its agencies, to interpret, produce, calculate, generate, or account for a date which is compatible with the "Year 2000" date change.
Nothing contained herein shall operate to reduce or
limit the extent to which the Commonwealth or any
transportation district, agency or employee was deemed
liable for negligence as of July 1, 1982, nor shall any
provision of this article be applicable to any county,
city or town in the Commonwealth or be so construed as to remove or in any way diminish
the sovereign immunity of any county, city or town in the Commonwealth.
Status: enacted into law in 1998.
Amending Title 42 (Judiciary and Judicial Procedure) of the Pennsylvania Consolidated Statutes, providing for damages resulting from computer date failure.
The General Assembly of the Commonwealth of Pennsylvania hereby enacts as follows:
Section 1. Title 42 of the Pennsylvania
Consolidated Statutes is amended by adding a section to read:
8 § 8313. Damages in actions for computer date
failure.
(a) Direct damages
recoverable.--Notwithstanding any other provision of law, in an action to recover damages
resulting directly or indirectly from a computer date failure, including any action based
upon an alleged failure to properly detect, disclose, prevent, report on or remediate a
computer date failure, the plaintiff may recover direct damages, including:
(1) damages
resulting from bodily injury to the plaintiff, or physical damage to the plaintiff's
property,
proximately caused by the defendant's conduct; and
(2) any
costs reasonably incurred to reprogram or replace and test the relevant computer system,
computer program or software or internal hardware timer.
(b) Other damages.--In an action to
which subsection (a) applies, there shall be no recovery for consequential, indirect or
incidental damages, including, but not limited to, business
interruption losses, lost profits or losses alleged to
have resulted from the plaintiff's inability to perform his
contractual obligations to third parties, provided that
nothing in this subsection shall limit recovery of consequential damages for bodily injury
proximately caused by the defendant's conduct.
(c) Contractual rights.--Nothing in
this section shall be construed to limit the ability of contracting parties to enter into
agreements as they deem appropriate with regard to
liability and damages.
(d) Scope.--Nothing in this section
shall be applicable to an action based upon fraud, intentional harm or gross negligence.
(e) Definitions.- -As used in this
section, the following words and phrases shall have the meanings given to them in this
subsection:
"Computer date failure." Either of the
following:
(1) A
present or future inability of a computer system, computer program or software or internal
hardware timer to properly handle dates of calendar year 1999 or subsequent
years.
(2) An
incompatibility between:
(i) the computer system, computer program or software or internal hardware timer; and
(ii) any other system, program, software, internal hardware timer or electronic data in
any form, with
respect to the handling of dates of calendar year 1999
or subsequent years.
"Computer program or software." A set of
statements or instructions to be used directly or indirectly in a computer in order to
bring about a certain result.
"Computer system." Any electronic device or
collection of devices, including support devices, networks and imbedded chips, that
contains computer programs, electronic instructions, input data and output data, and that
performs functions, including, but not limited to, logic, arithmetic, data storage and
retrieval, communication and control. The term does not include calculators that are not
programmable.
Section 2. This act shall take effect
immediately.
Status: referred to Communications and High Technology Committee in
April 1998.
Puerto Rico
SB 1004
(No. 199)
(Approved August 7, 1998) AN ACT
To establish an “Act to Require a Uniform Warranty Clause in the Purchase or Lease of Equipment Containing an Electronic Control with Internal Clock“; and define the uniform clause and its application. STATEMENT OF MOTIVES
The Government of Puerto Rico has
always been in the forefront with respect to computer and electronic equipment and
technology. Being aware of the existence of the problem of the year 2000, the Government
and Federal Affairs Committee of the Senate of Puerto Rico conducted an investigation on
this matter, pursuant to the mandate of Senate Resolution 585, filed June 5, 1997. This
problem could bring about that electronic equipment that uses a control with an internal
clock can stop functioning or operate deficiently, causing enormous losses. Therefore, it
is essential to present alternatives that prevent or minimize the risks that said
electronic chaos could entail.
By requiring government entities to
demand a uniform warranty clause in the purchase or lease contracts for this electronic
equipment, the acquisition or leasing of inefficient or losing equipment is prevented. It
is of utmost importance to avoid acquiring electronic devices that contain said defective
mechanism, and if
it has been acquired inadvertently, it is essential
that the contractor or supplier thereof be liable and guarantees the repair or replacement
of said equipment.
This Act complements any other steps
taken by the Government of Puerto Rico to prevent the problem of the year 2000 from having
a significant impact in the operations of the State. For all the above, this Legislature
deems its approval is meritorious.
BE IT ENACTED BY THE LEGISLATURE OF PUERTO RICO:
Section 1- This Act shall be known as an “Act to Require a Uniform Warranty Clause in the Purchase or Lease of Equipment Containing an Electronic Control with Internal Clock”.
Section 2. No department, agency, board, body, examining board, public corporation, commission, independent office, division, administration, bureau, authority, municipality or instrumentality of the Government of Puerto Rico, shall purchase or lease any equipment that may contain an electronic control with internal clock, unless the clause indicated in Section 3 of this Act is set forth and appears in the purchase or lease contract. The requirement established in this Act shall be construed to extend to all bids that have not yet been awarded on its effective date.
Section 3. In all purchase-sale
or lease contracts for equipment granted by the government bodies mentioned in Section 2
of this Act, the following clause shall be included, according to the equipment to be
acquired or leased:
“The
contractor or supplier shall warranty that all non-commercial products, including, but
without being limited to computer equipment or physical equipment, programs or logic
support, or accessories thereof delivered or developed under the present contract and that
are identified and listed herein below, can adequately process the information regarding
the date and hour, including but not limited to what refers to the calculation, comparison
and sequence, from, to and between the twentieth (XX) century and the twenty-first (XXI)
century and the years 1999 and 2000 and the calculation of leap years. He/She shall also
warranty that the products allow for the adequate interchange of information regarding
dates and time with any other information
technology used in combination with the information technology acquired or leased through
this contract. If, under the present contract it is required that the specifically
indicated products function or work as a system, under the present warranty, then said
warranty shall be applied to said products listed as a system. The duration of this
warranty and the remedies available to the Government of Puerto Rico for failure to comply
with the warranty shall be those defined in, and shall be subject to the terms and limitations of any general warranty clause in
this contract. It is hereby established that regardless of the existence of any other
provision to the contrary or in the absence of any warranty clause, the remedies available
to the Government of Puerto Rico shall include, and shall be understood to entail, the
repair and replacement of all the products listed, upon discovery that the same do not
meet the requirement established in this clause and that is notified in writing to the
contractor or supplier within one hundred and
eighty (180) days of its acceptance. Nothing in this warranty shall be construed to limit
the rights or remedies available to the Government of Puerto Rico regarding any other
defect not related to the problem of the year
two thousand (2000)."
Section 4. This Act shall take effect immediately after its approval.
Status: enacted into law in 1998.
To provide that every supplier, salesperson or entity that furnishes applications, equipment and computer systems to the Government of Puerto Rico, or to its instrumentalities, shall certify, in writing, in the contracts granted as of July 1, 1998, that they have established a workplan so that said products meet the requirements of the year 2000, on or before June 30, 1999; and that the contracts granted during fiscal year 2 0 0 0 shall contain a certification stating that said computer equipment, applications and systems meet said requirements.
STATEMENT OF MOTIVES
As a result of the advent of the
next millennium, there is a great possibility that the users of computers shall be
affected due to the malfunctioning of their systems. In the year 2 0 0 0 , many computers
shall have a problem when interpreting dates since they were designed to decipher them
digits: two digits for the day, two for the month for the year. By using only two digits
to designate the year, computers will interpret the year 2000 as 00 or 1900, which would
alter the calculations made in all industries and the government in a
harmful manner. Not only shall computer systems cause
these problems, but rather all mechanized systems that use some form of computerized
control or circuit that has a clock must be evaluated and reprogrammed.
Through the approval of this
measure, the Legislature of Puerto Rico intends to forestall the great impact on the
Government of Puerto Rico caused by the new millennium in computer applications, equipment
and systems that may be acquired or leased.
For this reason, as of July 1, 1998,
a certification, in writing, shall be required in the contracts granted between the
Government and contractors and suppliers to the effect that the latter have established a
workplan so that the equipment and applications used to comply with their contractual
obligations with
the government meet the requirements of the year 2000,
on or before June 30, 1999. It is also provided contracts granted during the year 2000
shall contain a certification stating that the computer equipment, applications and
systems already meet said requirements.
BE IT ENACTED BY THE LEGISLATURE OF PUERTO RICO:
Section 1. Every supplier,
contractor, salesperson or entity that furnishes or uses i n the rendering of their
professional or other services, computer applications, equipment and systems to the
Government of Puerto Rico, or its instrumentalities, shall certify, in writing, in the
contracts granted from July 1, 1998 to June 30, 1999, that they have established a
workplan so that the equipment applications to be used to comply with their contractual
obligations with the government meet the requirements to operate uninterruptedly as of the
year 2000, since the same have been reprogrammed or
renewed and submitted to
rigorous tests to ensure the update thereof for their
proper functioning in that year.
Provided, that all contracts entered
as of fiscal year 1999-2000 shall contain a certification stating that the computer
equipment, applications and systems already meet said requirements.
Section 2. “Proper
functioning” and mitigate risks” shall be defined as:
(a) The
system is not affected by dates before, during and after the year 2000.
(b) Any
function that depends on dates shall produce consistent results before, during and after
the year 2000.
(c) The year
2000 shall be recognized as a leap year.
(d) I n all
interconnections and data storage, the first two figures corresponding to the millenniums
of any date, must be specified, whether explicitly or by establishing a conversion feature
that does not produce
ambiguous results and/or the use of inference rules.
Section 3. Every contract executed by the Government of Puerto Rico or its instrumentalities that does not comply with the provisions of this Act, shall be null and any payment made under said contracts shall be illegal.
Section 4. This Act shall take effect immediately after its approval.
Status: approved by the Senate on April 30, 1998.
PURPOSE OR GENERAL IDEA
OF BILL: To provide a tax credit to businesses,
which expend money to ensure "Year 2000 compliance"
of their computer systems. This will help provide continued business and
economic growth.
Introduced by M. of A. SCHIMMINGER, MATUSOW,
CANESTRARI, KEANE, ORTIZ
Multi-Sponsored by -- M. of A. COLTON, COOK, DENIS,
DESTITO, DiNAPOLI, ESPAILLAT, HILL, LUSTER, MAZZARELLI, McENENY,
TOKASZ, VITALIANO -- read once and referred to the Committee on Ways and Means
AN ACT to amend the tax law, in relation to providing a credit for corrective conversion of computer hardware and software from recognition of years in two-digit formats to recognition of years in four-digit formats
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. Subdivision 25 of section 210 of the tax law is renumbered subdivision 26 and a new subdivision 25 is added to read as follows:
"YEAR 2000"
TECHNOLOGICAL COMPLIANCE CREDIT.
(A) A TAXPAYER SHALL BE ALLOWED A
CREDIT AGAINST THE TAX IMPOSED BY THIS ARTICLE. THE AMOUNT OF THE CREDIT SHALL BE
TWENTY-FIVE PERCENT OF THE AMOUNT EXPENDED IN THE TAXABLE YEAR TO ENSURE "YEAR
2000 COMPLIANCE".
(B) FOR THE PURPOSE OF
THIS SUBDIVISION, "YEAR 2000 COMPLIANCE" SHALL MEAN THE CORRECTION
CONVERSION OF COMPUTER HARDWARE AND SOFTWARE FROM
RECOGNITION OF YEARS IN TWO-DIGIT FORMATS TO RECOGNITION OF YEARS
IN FOUR-DIGIT FORMATS.
(C) THE CREDIT
HEREIN PROVIDED FOR SHALL APPLY ONLY TO AMOUNTS
EXPENDED IN A TAXABLE YEAR WHICH COMMENCES IN NINETEEN HUNDRED NINETY- EIGHT,
NINETEEN HUNDRED NINETY-NINE AND TWO THOUSAND.
(D) IN NO EVENT SHALL THE
CREDIT HEREIN PROVIDED FOR EXCEED FIVE THOUSAND DOLLARS IN A TAXABLE YEAR.
Section 2. This act shall take effect immediately.
Status: referred to Ways and Means committee in March 1998.
1999 Y2K SUPPLEMENT APPENDIX
State Contacts
State Y2K Web Sites
Presidential
Executive Order Year 2000 Information and Readiness
Disclosure Act of 1998 Federal Y2K Legislation Y2K Lawsuits 
STARS is an online research
database provide by CSG free of charge to state officials and staff.
NASIRE
National Association of State Information Resource Executives http://www.amrinc.net/nasire/y2k State Year 2000 Coordinators as of 8/27/98
|
|
State Y2K Web Sites
State links are provided by Washington state
Office of the Press Secretary
For Immediate Release - February 4, 1998
EXECUTIVE ORDER
YEAR 2000 CONVERSION
The American people expect reliable service from their Government and deserve the
confidence that critical
government functions dependent on electronic systems will be performed accurately
and in a timely manner.
Because of a design feature in many electronic systems, a large number of activities
in the public and private
sectors could be at risk beginning in the year 2000. Some computer systems and other
electronic devices will
misinterpret the year "00" as 1900, rather than 2000. Unless appropriate
action is taken, this flaw, known as
the "Y2K problem," can cause systems that support those functions to
compute erroneously or simply not
run. Minimizing the Y2K problem will require a major technological and managerial
effort, and it is critical that
the United States Government do its part in addressing this challenge.
Accordingly, by the authority vested in me as President by the Constitution and
the laws of the United States
of America, it is hereby ordered as follows:
Section 1. Policy. (a) It shall be the policy of the executive branch that agencies shall:
(1) assure that no critical Federal program experiences disruption because of the Y2K problem;
(2) assist and cooperate with State, local, and tribal governments to address the
Y2K problem where those
governments depend on Federal information or information technology or the Federal
Government is
dependent on those governments to perform critical missions;
(3) cooperate with the private sector operators of critical national and local
systems, including the banking
and financial system, the telecommunications system, the public health system, the
transportation system,
and the electric power generation system, in addressing the Y2K problem; and
(4) communicate with their foreign counterparts to raise awareness of and
generate cooperative international
arrangements to address the Y2K problem.
(b) As used in this order, "agency" and "agencies" refer to
Federal agencies that are not in the judicial or
legislative branches.
Sec. 2. Year 2000 Conversion Council. There is hereby established the President's
Council on Year 2000
Conversion (the "Council").
(a) The Council shall be led by a Chair who shall be an Assistant to the
President, and it shall be composed of
one representative from each of the executive departments and from such other
Federal agencies as may be
determined by the Chair of the Council (the "Chair").
(b) The Chair shall appoint a Vice Chair and assign other responsibilities for
operations of the council as he or
she deems necessary.
(c) The Chair shall oversee the activities of agencies to assure that their
systems operate smoothly through
the year 2000, act as chief spokesperson on this issue for the executive branch in
national and international
fora, provide policy coordination of executive branch activities with State, local,
and tribal governments on
the Y2K problem, and promote appropriate Federal roles with respect to private
sector activities in this area.
(d) The Chair and the Director of the Office of Management and Budget shall
report jointly at least quarterly
to me on the progress of agencies in addressing the Y2K problem.
(e) The Chair shall identify such resources from agencies as the Chair deems
necessary for the implementation
of the policies set out in this order, consistent with applicable law.
Sec. 3. Responsibilities of Agency Heads. (a) The head of each agency shall:
(1) assure that efforts to address the Y2K problem receive the highest priority
attention in the agency and that
the policies established in this order are carried out; and
(2) cooperate to the fullest extent with the Chair by making available such
information, support, and
assistance, including personnel, as the Chair may request to support the
accomplishment of the tasks
assigned herein, consistent with applicable law.
(b) The heads of executive departments and the agencies designated by the Chair
under section 2(a) of this
order shall identify a responsible official to represent the head of the executive
department or agency on the
Council with sufficient authority and experience to commit agency resources to
address the Y2K problem.
Sec. 4. Responsibilities of Interagency and Executive Office Councils.
Interagency councils and councils
within the Executive Office of the President, including the President's Management
Council, the Chief
Information Officers Council, the Chief Financial Officers Council, the President's
Council on Integrity and
Efficiency, the Executive Council on Integrity and Efficiency, the National Science
and Technology Council,
the National Performance Review, the National Economic Council, the Domestic Policy
Council, and the
National Security Council shall provide assistance and support to the Chair upon the
Chair's request.
Sec. 5. Judicial Review. This Executive order is intended only to improve the
internal management of the
executive branch and does not create any right or benefit, substantive or
procedural, enforceable at law or
equity by a party against the United States, its agencies, or instrumentalities, its
officers or employees, or any
other person.
WILLIAM J. CLINTON
THE WHITE HOUSE, February 4, 1998.
S 2392 ES
5th CONGRESS 2d Session AN ACTTo encourage the disclosure and exchange of information about computer processing
problems, solutions, test
practices and test results, and related matters in connection with the transition to the
year 2000.
Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the `Year 2000 Information and Readiness Disclosure Act'.
SEC. 2. FINDINGS AND PURPOSES.
(a) FINDINGS- Congress finds the following:
(1) (A) At least thousands
but possibly millions of information technology computer systems,
software programs, and
semiconductors are not capable of recognizing certain dates in 1999 and
after December 31, 1999, and will
read dates in the year 2000 and thereafter as if those
dates represent the year 1900 or
thereafter or will fail to process those dates.
(B) The problem described in subparagraph (A) and resulting failures could incapacitate
systems
that
are essential to the functioning of markets, commerce, consumer products, utilities,
government, and safety and defense systems, in the United States and throughout the world.
(C) Reprogramming or replacing affected systems before the problem incapacitates essential
systems is a matter of national and global interest.
(2) The prompt, candid, and thorough
disclosure and exchange of information related to year 2000
readiness of entities, products,
and services--
(A) would greatly enhance the ability of public and private entities to improve their year
2000
readiness; and
(B) is therefore a matter of national importance and a vital factor in minimizing any
potential year 2000 related disruption to the Nation's economic well-being and security.
(3) Concern about the potential
for legal liability associated with the disclosure and exchange of
year 2000 readiness information is
impeding the disclosure and exchange of such information.
(4) The capability to freely
disseminate and exchange information relating to year 2000 readiness,
solutions, test practices and test
results, with the public and other entities without undue
concern about litigation is
critical to the ability of public and private entities to address year 2000
needs in a timely manner.
(5) The national interest will
be served by uniform legal standards in connection with the
disclosure and exchange of year
2000 readiness information that will promote disclosures and
exchanges of such information in a
timely fashion.
(b) PURPOSES- Based upon the powers contained in article I,
section 8, clause 3 of the Constitution of
the United States, the purposes of this Act are--
(1) to promote the free disclosure and exchange of information related to year 2000 readiness;
(2) to assist consumers, small
businesses, and local governments in effectively and rapidly
responding to year 2000 problems;
and
(3) to lessen burdens on
interstate commerce by establishing certain uniform legal principles in
connection with the disclosure and
exchange of information related to year 2000 readiness.
SEC. 3. DEFINITIONS.
In this Act:
(1) ANTITRUST LAWS- The term `antitrust laws'--
(A) has the meaning given to it in subsection (a) of the first section of the Clayton Act
(15
U.S.C. 12(a)), except that such term includes section 5 of the Federal Trade
Commission Act (15 U.S.C. 45) to the extent such section 5 applies to unfair methods of
competition; and
(B) includes any State law similar to the laws referred to in subparagraph (A).
(2) CONSUMER- The term
`consumer' means an individual who acquires a consumer product for
purposes other than resale.
(3) CONSUMER PRODUCT- The term
`consumer product' means any personal property or
service which is normally used for
personal, family, or household purposes.
(4) COVERED ACTION- The term
`covered action' means civil action of any kind, whether
arising under Federal or State law,
except for an action brought by a Federal, State, or other
public entity, agency, or authority
acting in a regulatory, supervisory, or enforcement capacity.
(5) MAKER- The term `maker'
means each person or entity, including the United States or a State
or political subdivision thereof,
that--
(A) issues or publishes any year 2000 statement;
(B) develops or prepares any year 2000 statement; or
(C) assists in, contributes to, or reviews, reports or comments on during, or approves, or
otherwise takes part in the preparing, developing, issuing, approving, or publishing of
any
year 2000 statement.
(6) REPUBLICATION- The term
`republication' means any repetition, in whole or in part, of a
year 2000 statement originally made
by another.
(7) YEAR 2000 INTERNET WEBSITE-
The term `year 2000 Internet website' means an Internet
website or other similar
electronically accessible service, clearly designated on the website or
service by the person or entity
creating or controlling the content of the website or service as an
area where year 2000 statements
concerning that person or entity are posted or otherwise made
accessible to the general public.
(8) YEAR 2000 PROCESSING- The
term `year 2000 processing' means the processing (including
calculating, comparing, sequencing,
displaying, or storing), transmitting, or receiving of date
data from, into, and between the
20th and 21st centuries, and during the years 1999 and 2000,
and leap year calculations.
(9) YEAR 2000 READINESS
DISCLOSURE- The term `year 2000 readiness disclosure' means any
written year 2000 statement--
(A) clearly identified on its face as a year 2000 readiness disclosure;
(B) inscribed on a tangible medium or stored in an electronic or other medium and
retrievable in perceivable form; and
(C) issued or published by or with the approval of a person or entity with respect to year
2000
processing of that person or entity or of products or services offered by that person
or
entity.
(10) YEAR 2000 REMEDIATION
PRODUCT OR SERVICE- The term `year 2000 remediation
product or service' means a
software program or service licensed, sold, or rendered by a person
or entity and specifically designed
to detect or correct year 2000 processing problems with
respect to systems, products, or
services manufactured or rendered by another person or entity.
(11) YEAR 2000 STATEMENT-
(A) IN GENERAL- The term `year 2000 statement' means any communication or other
conveyance of information by a party to another or to the public, in any form or medium--
(i) concerning an assessment, projection, or estimate concerning year 2000
processing capabilities of an entity, product, service, or set of products and
services;
(ii) concerning plans, objectives, or timetables for implementing or verifying the
year 2000 processing capabilities of an entity, product, service, or set of products
and services;
(iii) concerning test plans, test dates, test results, or operational problems or
solutions related to year 2000 processing by--
(I) products; or
(II) services that incorporate or utilize products; or
(iv) reviewing, commenting on, or otherwise directly or indirectly relating to year
2000 processing capabilities.
(B) NOT INCLUDED- For the purposes of any action brought under the securities laws,
as
that term is defined in section 3(a)(47) of the Securities Exchange Act of 1934 (15
U.S.C. 78c(a)(47)), the term year 2000 statement does not include statements contained in
any
documents or materials filed with the Securities and Exchange Commission, or with
Federal banking regulators, pursuant to section 12(i) of the Securities Exchange Act of
1934
(15 U.S.C. 781(i)), or disclosures or writing that when made accompanied the
solicitation of an offer or sale of securities.
SEC. 4. PROTECTION FOR YEAR 2000 STATEMENTS.
(a) EVIDENCE EXCLUSION- No year 2000 readiness disclosure, in
whole or in part, shall be admissible
against the maker of that disclosure to prove the accuracy or
truth of any year 2000 statement set forth
in that disclosure, in any covered action brought by another
party except that--
(1) a year 2000 readiness
disclosure may be admissible to serve as the basis for a claim for
anticipatory breach, or repudiation
of a contract, or a similar claim against the maker, to the
extent provided by applicable law;
and
(2) the court in any covered
action shall have discretion to limit application of this subsection in
any case in which the court
determines that the maker's use of the year 2000 readiness disclosure
amounts to bad faith or fraud, or
is otherwise beyond what is reasonable to achieve the
purposes of this Act.
(b) FALSE, MISLEADING AND INACCURATE YEAR 2000 STATEMENTS-
Except as provided in
subsection (c), in any covered action, to the extent that such
action is based on an allegedly false,
inaccurate, or misleading year 2000 statement, the maker of that
year 2000 statement shall not be liable
under Federal or State law with respect to that year 2000
statement unless the claimant establishes, in
addition to all other requisite elements of the applicable
action, by clear and convincing evidence, that--
(1) the year 2000 statement was material; and
(2)(A) to the extent the year
2000 statement was not a republication, that the maker made the year
2000 statement--
(i) with actual knowledge that the year 2000 statement was false, inaccurate, or
misleading;
(ii) with intent to deceive or mislead; or
(iii) with a reckless disregard as to the accuracy of the year 2000 statement; or
(B) to the extent the year 2000
statement was a republication that the maker of the republication
made the year 2000 statement--
(i) with actual knowledge that the year 2000 statement was false, inaccurate, or
misleading;
(ii) with intent to deceive or mislead; or
(iii) without notice in that year 2000 statement that--
(I) the maker has not verified the contents of the republication; or
(II) the maker is not the source of the republication and the republication is based
on information supplied by another person or entity identified in that year 2000
statement or republication.
(c) DEFAMATION OR SIMILAR CLAIMS- In a covered action arising
under any Federal or State law of
defamation, trade disparagement, or a similar claim, to the
extent such action is based on an allegedly
false, inaccurate, or misleading year 2000 statement, the maker
of that year 2000 statement shall not be
liable with respect to that year 2000 statement, unless the
claimant establishes by clear and convincing
evidence, in addition to all other requisite elements of the
applicable action, that the year 2000 statement
was made with knowledge that the year 2000 statement was false or
made with reckless disregard as to
its truth or falsity.
(d) YEAR 2000 INTERNET WEBSITE-
(1) IN GENERAL- Except as
provided in paragraph (2), in any covered action, other than a
covered action involving personal
injury or serious physical damage to property, in which the
adequacy of notice about year 2000
processing is at issue, the posting, in a commercially
reasonable manner and for a
commercially reasonable duration, of a notice by the entity charged
with giving such notice on the year
2000 Internet website of that entity shall be deemed an
adequate mechanism for providing
that notice.
(2) EXCEPTION- Paragraph (1)
shall not apply if the court finds that the use of the mechanism of
notice--
(A) is contrary to express prior representations regarding the mechanism of notice made
by
the party giving notice;
(B) is materially inconsistent with the regular course of dealing between the parties; or
(C) occurs where there have been no prior representations regarding the mechanism of
notice, no regular course of dealing exists between the parties, and actual notice is
clearly the most commercially reasonable means of providing notice.
(3) CONSTRUCTION- Nothing in this subsection shall--
(A) alter or amend any Federal or State statute or regulation requiring that notice about
year
2000 processing be provided using a different mechanism;
(B) create a duty to provide notice about year 2000 processing;
(C) preclude or suggest the use of any other medium for notice about year 2000
processing or require the use of an Internet website; or
(D) mandate the content or timing of any notices about year 2000 processing.
(e) LIMITATION ON EFFECT OF YEAR 2000 STATEMENTS-
(1) IN GENERAL- In any covered
action, a year 2000 statement shall not be interpreted or
construed as an amendment to or
alteration of a contract or warranty, whether entered into by or
approved for a public or private
entity.
(2) NOT APPLICABLE-
(A) IN GENERAL- This subsection shall not apply--
(i) to the extent the party whose year 2000 statement is alleged to have amended
or altered a contract or warranty has otherwise agreed in writing to so alter or
amend the contract or warranty;
(ii) to a year 2000 statement made in conjunction with the formation of the
contract or warranty; or
(iii) if the contract or warranty specifically provides for its amendment or
alteration through the making of a year 2000 statement.
(B) RULE OF CONSTRUCTION- Nothing in this subsection shall affect applicable
Federal or State law in effect as of the date of enactment of this Act with respect to
determining the extent to which a year 2000 statement affects a contract or warranty.
(f) SPECIAL DATA GATHERING-
(1) IN GENERAL- A Federal
entity, agency, or authority may expressly designate a request for
the voluntary provision of
information relating to year 2000 processing, including year 2000
statements, as a special year 2000
data gathering request made pursuant to this subsection.
(2) SPECIFICS- A special year
2000 data gathering request made under this subsection shall
specify a Federal entity, agency,
or authority, or, with its consent, another public or private
entity, agency, or authority, to
gather responses to the request.
(3) PROTECTIONS- Except with the
express consent or permission of the provider of information
described in paragraph (1), any
year 2000 statements or other such other information provided
by a party in response to a special
year 2000 data gathering request made under this
subsection--
(A) shall be exempt from disclosure under subsection (b)(4) of section 552 of title 5,
United States Code, commonly known as the `Freedom of Information Act';
(B) shall not be disclosed to any third party; and
(C) may not be used by any Federal entity, agency, or authority or by any third party,
directly or indirectly, in any civil action arising under any Federal or State law.
(4) EXCEPTIONS-
(A) INFORMATION OBTAINED ELSEWHERE- Nothing in this subsection shall
preclude a Federal entity, agency, or authority, or any third party, from separately
obtaining the information submitted in response to a request under this subsection
through the use of independent legal authorities, and using such separately obtained
information in any action.
(B) VOLUNTARY DISCLOSURE- A restriction on use or disclosure of information under
this
subsection shall not apply to any information disclosed to the public with the
express consent of the party responding to a special year 2000 data gathering request or
disclosed by such party separately from a response to a special year 2000 data gathering
request.
SEC. 5. TEMPORARY ANTITRUST EXEMPTION.
(a) EXEMPTION- Except as provided in subsection (b), the
antitrust laws shall not apply to conduct
engaged in, including making and implementing an agreement,
solely for the purpose of and limited to--
(1) facilitating responses
intended to correct or avoid a failure of year 2000 processing in a
computer system, in a component of
a computer system, in a computer program or software, or
services utilizing any such system,
component, program, or hardware; or
(2) communicating or disclosing
information to help correct or avoid the effects of year 2000
processing failure
(b) APPLICABILITY- Subsection (a) shall apply only to conduct
that occurs, or an agreement that is
made and implemented, after the date of enactment of this Act and
before July 14, 2001.
(c) EXCEPTION TO EXEMPTION- Subsection (a) shall not apply
with respect to conduct that involves
or results in an agreement to boycott any person, to allocate a
market or fix prices or output.
(d) RULE OF CONSTRUCTION- The exemption granted by this section shall be construed narrowly.
SEC. 6. EXCLUSIONS.
(a) EFFECT ON INFORMATION DISCLOSURE- This Act does not
affect, abrogate, amend, or alter the
authority of a Federal or State entity, agency, or authority to
enforce a requirement to provide or
disclose, or not to provide or disclose, information under a
Federal or State statute or regulation or to
enforce such statute or regulation.
(b) CONTRACTS AND OTHER CLAIMS-
(1) IN GENERAL- Except as may be
otherwise provided in subsections (a) and (e) of section 4,
this Act does not affect, abrogate,
amend, or alter any right established by contract or tariff
between any person or entity,
whether entered into by a public or private person or entity, under
any Federal or State law.
(2) OTHER CLAIMS-
(A) IN GENERAL- In any covered action brought by a consumer, this Act does not
apply
to a year 2000 statement expressly made in a solicitation, including an
advertisement or offer to sell, to that consumer by a seller, manufacturer, or provider of
a
consumer product.
(B) SPECIFIC NOTICE REQUIRED- In any covered action, this Act shall not apply to a
year
2000 statement, concerning a year 2000 remediation product or service, expressly
made
in an offer to sell or in a solicitation (including an advertisement) by a seller,
manufacturer, or provider, of that product or service unless, during the course of the
offer
or solicitation, the party making the offer or solicitation provides the following
notice in accordance with section 4(d):
`Statements made to you in the course of this sale are subject to the Year 2000
Information and Readiness Disclosure Act (XX U.S.C. XX). In the case of a
dispute, this Act may reduce your legal rights regarding the use of any such
statements, unless otherwise specified by your contract or tariff.'.
(3) RULE OF CONSTRUCTION-
Nothing in this Act shall be construed to preclude any claims
that are not based exclusively on
year 2000 statements.
(c) DUTY OR STANDARD OF CARE-
(1) IN GENERAL- This Act shall
not impose upon the maker of any year 2000 statement any
more stringent obligation, duty, or
standard of care than is otherwise applicable under any other
Federal law or State law.
(2) ADDITIONAL DISCLOSURE- This
Act does not preclude any party from making or
providing any additional
disclosure, disclaimer, or similar provisions in connection with any year
2000 readiness disclosure or year
2000 statement.
(3) DUTY OF CARE- This Act shall
not be deemed to alter any standard or duty of care owed by
a fiduciary, as defined or
determined by applicable Federal or State law.
(d) INTELLECTUAL PROPERTY RIGHTS- This Act does not affect,
abrogate, amend, or alter any right
in a patent, copyright, semiconductor mask work, trade secret,
trade name, trademark, or service mark,
under any Federal or State law.
(e) INJUNCTIVE RELIEF- Nothing in this Act shall be deemed to
preclude a claimant from seeking
injunctive relief with respect to a year 2000 statement.
SEC. 7. APPLICABILITY.
(a) EFFECTIVE DATE-
(1) IN GENERAL- Except as
otherwise provided in this section, this Act shall become effective
on the date of enactment of this
Act.
(2) APPLICATION TO LAWSUITS
PENDING- This Act shall not affect or apply to any lawsuit
pending on July 14, 1998.
(3) APPLICATION TO STATEMENTS
AND DISCLOSURES- Except as provided in subsection
(b)--
(A) this Act shall apply to any year 2000 statement made beginning on July 14, 1998 and
ending on July 14, 2001; and
(B) this Act shall apply to any year 2000 readiness disclosure made beginning on the
date
of enactment of this Act and ending on July 14, 2001.
(b) PREVIOUSLY MADE READINESS DISCLOSURE-
(1) IN GENERAL- For the purposes
of section 4(a), a person or entity that issued or published a
year 2000 statement after January
1, 1996, and before the date of enactment of this Act, may
designate that year 2000 statement
as a year 2000 readiness disclosure if--
(A) the year 2000 statement complied with the requirements of section 3(9) when made,
other
than being clearly designated on its face as a disclosure; and
(B) within 45 days after the date of enactment of this Act, the person or entity seeking
the
designation--
(i) provides individual notice that meets the requirements of paragraph (2) to all
recipients of the applicable year 2000 statement; or
(ii) prominently posts notice that meets the requirements of paragraph (2) on its
year 2000 Internet website, commencing prior to the end of the 45-day period
under this subparagraph and extending for a minimum of 45 consecutive days
and also by using the same method of notification used to originally provide the
applicable year 2000 statement.
(2) REQUIREMENTS- A notice under paragraph (1)(B) shall--
(A) state that the year 2000 statement that is the subject of the notice is being
designated
a
year 2000 readiness disclosure; and
(B) include a copy of the year 2000 statement with a legend labeling the statement as a
`Year
2000 Readiness Disclosure'.
(c) EXCEPTION- No designation of a year 2000 statement as a
year 2000 readiness disclosure under
subsection (b) shall apply with respect to any person or entity
that--
(1) proves, by clear and
convincing evidence, that it relied on the year 2000 statement prior to
the receipt of notice described
above and it would be prejudiced by the retroactive designation
of the year 2000 statement as a
year 2000 readiness disclosure; and
(2) provides to the person or
entity seeking the designation a written notice objecting to the
designation within 45 days after
receipt of individual notice under subsection (b)(1)(B)(i), or
within 180 days after the date of
enactment of this Act, in the case of notice provided under
subsection (b)(1)(B)(ii).
SEC. 8. YEAR 2000 COUNCIL WORKING GROUPS.
(a) IN GENERAL-
(1) WORKING GROUPS- The
President's Year 2000 Council (referred to in this section as the
`Council') may establish and
terminate working groups composed of Federal employees who will
engage outside organizations in
discussions to address the year 2000 problems identified in
section 2(a)(1) to share
information related to year 2000 readiness, and otherwise to serve the
purposes of this Act.
(2) LIST OF GROUPS- The Council
shall maintain and make available to the public a printed and
electronic list of the working
groups, the members of each working group, and a point of contact,
together with an address, telephone
number, and electronic mail address for the point of contact,
for each working group created
under this section.
(3) BALANCE- The Council shall
seek to achieve a balance of participation and representation
among the working groups.
(4) ATTENDANCE- The Council
shall maintain and make available to the public a printed and
electronic list of working group
members who attend each meeting of a working group as well as
any other individuals or
organizations participating in each meeting.
(5) MEETINGS- Each meeting of a
working group shall be announced in advance in accordance
with procedures established by the
Council. The Council shall encourage working groups to
hold meetings open to the public to
the extent feasible and consistent with the activities of the
Council and the purposes of this
Act.
(b) FACA- The Federal Advisory Committee Act (5 U.S.C. App.)
shall not apply to the working groups
established under this section.
(c) PRIVATE RIGHT OF ACTION- This section creates no private
right of action to sue for enforcement
of the provisions of this section.
(d) EXPIRATION- The authority conferred by this section shall expire on December 31, 2000.
SEC. 9. NATIONAL INFORMATION CLEARINGHOUSE AND WEBSITE.
(a) NATIONAL WEBSITE-
(1) IN GENERAL- The
Administrator of General Services shall create and maintain until July 14,
2002, a national year 2000 website,
and promote its availability, designed to assist consumers,
small business, and local
governments in obtaining information from other governmental
websites, hotlines, or information
clearinghouses about year 2000 Processing of computers,
systems, products and services,
including websites maintained by independent agencies and
other departments.
(2) CONSULTATION- In creating
the national year 2000 website, the Administrator of General
Services shall consult with--
(A) the Director of the Office of Management and Budget;
(B) the Administrator of the Small Business Administration;
(C) the Consumer Product Safety Commission;
(D) officials of State and local governments;
(E) the Director of the National Institute of Standards and Technology;
(F) representatives of consumer and industry groups; and
(G) representatives of other entities, as determined appropriate.
(b) REPORT- The Administrator of General
Services shall submit a report to the Committees on the
Judiciary of the Senate and the House of Representatives and the
Committee on Governmental Affairs
of the Senate and the Committee on Government Reform and
Oversight of the House of Representatives
not later than 60 days after the date of enactment of this Act
regarding planning to comply with the
requirements of this section. END Passed the
Senate September 28, 1998.
FEDERAL
Y2K Legislation Sponsored by the Chief Information Officers(CIO) Committee on Year 2000 Maintained by the General Services Administration (GSA) Office of Governmentwide Policy| 105th Congress | |||
|---|---|---|---|
| Bill | Sponsor | Short Title and Description | Status |
| HR 1177 | Rep Maloney, C. | Millennium Computer Act of 1997. Directs the head of each Federal agency to renovate and test all agency computer systems and complete renovation and testing of critical agency computer systems and certify completion to the Congress by not later than July 1, 1999. |
|
| HR 2676 | Rep Archer | IRS Restructuring and Reform Act of 1998. Directs the Commissioner of the Internal Revenue Service (IRS) to develp and implement a plan to reorganize the IRS. Title IV, Subtitle B expresses sense of Congress that the IRS should place a high priority on fixing Y2K computer problems and that IRS Y2K efforts should be fully funded. |
|
| HR 3116 | Rep Leach | Examination Parity and Year 2000 Readiness for Financial Institutions Act. Requires each Federal banking agency and the National Credit Union Administration (NCUA) Board to offer seminars to all depository institutions and insured credit unions under their respective jurisdictions on the implication of the Y2K computer problem and extends examination parity to the Director of the Office of Thrift Supervision and the NCUA. |
|
| HR 3280 | Rep Goodlatte | USDA Year 2000 Compliance Enhancement Act. Establishes the position of Chief Information Officer (CIO) within the Department of Agriculture. Provides for the transfer of specified funds from Department offices and agencies to the CIO to carry out certain responsibilities and information acquisition and implementation activities and meet year 2000 systems requirements. |
|
| HR 3968 | Rep Leach | National Year 2000 Readiness Act. Directs the Chairperson of the Year 2000 Conversion Council to submit to the Congress a national assessment of the Y2K computer problem and a national strategy to ensure that the most critical services provided by the Federal, State, and local governments as well as key sectors of the economy will be prepared for the Y2K date change. |
|
| HR 4134 | Rep Thurman | Amends the Internal Revenue Code of 1986 to permit year 2000 computer conversion costs to be expensed by small businesses under section 179 and to provide a $20,000 increase in the limitation under section 179 for such costs. |
|
| HR 4240 | Rep Dreier | Y2K Liability and Antitrust Reform Act. Provides that an action resulting from a computer date failure which is brought in Federal or State court shall be deemed to be based solely in contract and shall only allow recovery for consequential business loss and costs of repair or replacement resulting from the failure if the plaintiff has not suffered any personal injury and other certain conditions have been met relating to the defendant. Makes antitrust laws inapplicable to conduct engaged in between the enactment date of this Act and Dec 31, 2001 solely for the purpose of establishing responses designed to mitigate the impact of computer date failure in a computer system, with exception for conduct that results in a boycott. |
|
| HR 4311 | Rep Vento | Electronic Funds Transfer Account Improvement and Recipient Protection Act. Amends Title 31 USC to establish protections for recipients of Federal payments made by electronic funds transfer and directs the Secretary of the Treasury, acting through the Financial Management Service, to report to the Congress on the implications of the Y2K computer problem for implementation of Federal requirements that Federal payments be made by electronic funds transfer. |
|
|
Rep Burton | Year 2000 Information Disclosure Act. Encourages the disclosure and exchange of information about computer processing problems and related matters in connection with the transition to the Year 2000 |
|
| HR 4455 | Rep Dreier | Year 2000 Readiness Disclosure Act. Encourages the disclosure and exchange of information about computer processing problems and related matters in connection with the transition to the Year 2000 |
|
| Rep Morella | Year 2000 Preparedness Act of 1998. To ensure that the United States is prepared to meet the Year 2000 computer problem. |
|
|
| S 22 | Sen Moynihan | Commission on the Year 2000 Computer Problem Act. Establishes the National Commission to Address the Year 2000 Computer Problem to conduct a study. |
|
| S 1218 | Sen Kerrey | Millennium Act. Requires the Federal Communications Commission to initiate a proceeding to evaluate the potential dangers to the Nation's telecommunications networks from software and systems which are unable to toll the passage of time from Dec 31, 1999 to Jan 1, 2000; and make necessary and appropriate regulatory changes within their jurisdiction to ensure the integrity of such networks. Directs National Institute of Standards and Technology to evaluate the potential risks to information stored on personal computers and to take necessary and appropriate actions within its jurisdiction to propose solutions and inform the public. Requires Secretary of Transportation to initiate a comprehensive plan to assure that computer hardware and software in transportation systems will not create a safety risk to transportation workers and the general public and if such risk is identified, to take necessary and appropriate measures to assure safety and inform the public. |
|
| S 1358 | Sen Gorton | FAA Research, Engineering, and Development Authorization Act of 1997. Among other things, expresses the sense of the Congress that the FAA should give priority to correcting all two-digit date-related problems in its computer systems to ensure its continued operation in the year 2000 and beyond; and develop contingency plans for FAA systems it is unable to correct in time. |
|
| S 1518 | Sen Bennett | Year 2000 Computer Remediation and Shareholder (CRASH) Protection Act of 1997. Directs the Securities and Exchange Commission to require issuers of registered securities to include within their initial offering statements and quarterly reports a description of the progress made in completing five specified phases of Y2K computer system remediation by the issuer's business units. |
|
| S 1671 | Sen Bennett | Examination Parity and Year 2000 Readiness for Financial Institutions Act. Requires each Federal banking agency and the National Credit Union Administration (NCUA) Board to offer seminars to all depository institutions and insured credit unions under their respective jurisdictions on the implication of the Y2K computer problem and extends examination parity to the Director of the Office of Thrift Supervision and the NCUA. |
|
| S 1878 | Sen Kennedy | High-Tech Immigration and United States Worker Protection Act. Among other things, directs the Comptroller General of the United States to conduct a study assessing labor market needs for workers with high technology skills and the extent to which job openings requiring workers with high technology skills are likely to be unfilled in each of the fiscal years 2001 through 2006. The Comptroller General shall submit a report containing the results of the study described in subsection (a) to the Committees on the Judiciary of the House of Representatives and the Senate. The report shall also address the effect on the high technology labor market of the following: the downsizing of the defense sector; the increase in productivity in the computer industry; and the redeployment of workers dedicated to year 2000 projects. |
|
| S 2000 | Sen Bennett | To ensure that businesses, financial markets, and the Federal Government are taking adequate steps to resolve the Y2K computer problem. Directs President to establish the President's Council on Year 2000 Conversion. |
|
| S 2116 | Sen Lugar | USDA Information Technology Reform and Year 2000 Compliance Act of 1998. Establishes within the Department of Agriculture the position of Chief Information Officer who shall manage year 2000 compliance and planning, funding, and acquisition of information technology and resource management. |
|
| S 2372 | Sen Bond | Small Business Year 2000 Readiness Act. Provides for a pilot loan guarantee program to address Year 2000 problems of small business concerns. |
|
| S 2384 | Sen Ashcroft | Year 2000 Enhance Cooperation Solution. Makes Federal antitrust laws inapplicable to conduct (or a related agreement) engaged in solely to facilitate responses designed to mitigate the impact of a computer data failure caused by the Year 2000 transition if such conduct or agreement occurs after the date of enactment of this Act and before Dec 31, 2001 with exception for conduct that results in a boycott. |
|
|
Sen Bennett | Year 2000 Information Disclosure Act. Encourages the disclosure and exchange of information about computer processing problems and related matters in connection with the transition to the Year 2000. |
|
| 104th Congress | |||
| S 2131 | Sen Moynihan | Commission on the Year 2000 Computer Problem Act. Establishes a bipartisan national commission on the year 2000 computer problem. |
|
| Go to: [U.S. Federal Government Y2K Info]
[Y2KHome][CIO Info Directory] [International][International Conference]
Updated: October 20, 1998 |
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Information Technology Association of America
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ITAA thanks Ronald N. Weikers of Weikers & Co, Attorneys at Law for providing much of the information on lawsuits.
These tables last updated October 8th, 1998
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