REPORT TITLE:
Immunity; Y2K Compliance


DESCRIPTION:
Provides immunity to private persons or businesses from suits
arising out of failure or error from a computer system after
6/30/99 as a result of the system's not being year 2000
compliant.

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
                                                        
THE SENATE                              S.B. NO.           757
TWENTIETH LEGISLATURE, 1999                                
STATE OF HAWAII                                            
                                                             
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                   A  BILL  FOR  AN  ACT

RELATING TO COMPUTER SYSTEMS WHICH ARE NOT YEAR 2000 COMPLIANT.



BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:

 1      SECTION 1.  The Hawaii Revised Statutes is amended by adding
 
 2 a new chapter to be appropriately designated and to read as
 
 3 follows:
 
 4                             "CHAPTER
 
 5             PRIVATE NON-GOVERNMENTAL COMPUTER SYSTEMS
 
 6                     AND YEAR 2000 COMPLIANCE
 
 7      §   -1 Immunity against suits.  No action, including,
 
 8 without limitation, any action for declaratory or injunctive
 
 9 relief, may be brought against any private, non-governmental
 
10 business or entity or the entity's employees, arising out of or
 
11 based upon any failure of or error produced, calculated, or
 
12 generated by a private, non-governmental computer system, which
 
13 failure or error occurred after June 30, 1999 as a result of the
 
14 system's not being year 2000 compliant, regardless of the cause
 
15 for the system's not being year 2000 compliant.  For the purposes
 
16 of this chapter, "year 2000 compliant" means, with respect to a
 
17 private, non-governmental computer system, that the system
 
18 accurately processes date and time data (including, but not
 
19 limited to, calculating, comparing, projecting, and sequencing)
 

 
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                                     S.B. NO.           757
                                                        
                                                        

 
 1 from, into, and between the twentieth and twenty-first centuries
 
 2 and the years 1999 and 2000, and leap year calculations.
 
 3      §   -2 Remedial measures.  Nothing in this chapter shall be
 
 4 deemed to prevent a private, non-governmental business or entity
 
 5 or the entity's employees, from taking steps to remedy any
 
 6 failure of or error produced, calculated, or generated by a
 
 7 private, non-governmental computer system as a result of the
 
 8 system's not being year 2000 compliant, once the failure or error
 
 9 is verified.
 
10      §   -3 Exceptions.  Nothing in this chapter shall be deemed
 
11 to provide immunity or release from liability to any person who:
 
12      (1)  Deliberately tampers with a private, non-governmental
 
13           computer system for the purpose of preventing it from
 
14           being year 2000 compliant; or
 
15      (2)  Receives and fails to immediately return a benefit
 
16           which the person is not legally entitled to arising out
 
17           of or based upon any failure of or error produced,
 
18           calculated, or generated by a private, non-governmental
 
19           computer system as a result of the system's not being
 
20           year 2000 compliant."
 
21      SECTION 2.  This Act shall take effect upon its approval.
 
22 
 
23                           INTRODUCED BY:  _______________________