Chapter 261 Oregon Laws 1999

Session Law

AN ACT

SB 268

Relating to liability of public bodies for year 2000 failures; and declaring an emergency.

Be It Enacted by the People of the State of Oregon:

SECTION 1. Section 2 of this 1999 Act is added to and made a part of ORS 30.260 to 30.300.

SECTION 2. (1) In any action under ORS 30.260 to 30.300, it is an affirmative defense to any claim for relief based in whole or in part on a Year 2000 Failure that the public body made a good faith effort to avoid the Year 2000 Failure in the manner described in subsection (2) of this section.

(2) For the purpose of the affirmative defense established under this section, a public body makes a good faith effort to avoid a Year 2000 Failure if, before January 1, 2000, the public body:

(a) Identifies those systems that the public body believes most susceptible to Year 2000 Failures;

(b) Prepares or causes to be prepared a written analysis of the systems used by the public body;

(c) Prioritizes the relative importance of the different systems used by the public body;

(d) Identifies resources available for addressing possible Year 2000 Failures;

(e) Has approved plans and resources that are to be committed to correct possible Year 2000 Failures; and

(f) Can document substantial implementation of the plans approved under paragraph (e) of this subsection.

(3) Nothing in this section creates any new liability of a public body or affects any defense or immunity that would otherwise be available to a public body in an action based on a Year 2000 Failure, including but not limited to any defense or immunity available under ORS 30.260 to 30.300. If multiple injuries or claims result from a Year 2000 Failure, the failure shall be considered a single accident or occurrence for the purpose of ORS 30.270.

(4) For the purpose of this section:

(a) "Year 2000 Failure" means the failure of a system to accurately or correctly store, process, manipulate, retrieve, transfer or otherwise use date data or date-related information, or a failure or degradation in the performance of a system that is directly or indirectly caused by the system's failure to store, process, manipulate, retrieve, transfer or otherwise use date data or date-related information. "Year 2000 Failure" includes:

(A) The failure of a system to correctly store, process, manipulate, retrieve, transfer or otherwise use or differentiate 20th century and 21st century dates, the days of the week or a period of days within another period of days; and

(B) The failure or degradation of a system to function as a result of the introduction of a date-related error into the system, whether through an interface or otherwise, or as a result of a date-related error originating within the system.

(b) "System" means equipment, software, firmware, computer devices or other devices that, operating either alone or in combination:

(A) Are capable of storing, processing, manipulating, retrieving, transferring or otherwise using data, including date data or date-related information; and

(B) Rely upon accurate storing, processing, manipulating, retrieving or transferring of or otherwise using data, including date data or date-related information, to properly function or to carry out functions in support of public bodies.

SECTION 3. A public body, as defined in ORS 30.260, is not liable in any action based on a contract for any Year 2000 Failure defined in section 2 (4) of this 1999 Act if the contract on which the action is based was entered into on or after the effective date of this 1999 Act.

SECTION 4. (1) Nothing in section 2 or 3 of this 1999 Act affects a person's right to receive benefits or services if the person is entitled to receive those benefits or services under other law. Except as provided in subsection (2) of this section, a person entitled to receive benefits or services under other law may use any remedy provided by law for recovery of those benefits or services if a public body, as defined in ORS 30.260, does not provide in a timely manner the benefits or services by reason of a Year 2000 Failure defined in section 2 (4) of this 1999 Act.

(2) A person entitled to receive benefits or services under other law may not seek recovery of damages arising out of delayed receipt of those benefits or services attributable to a Year 2000 Failure defined in section 2 (4) of this 1999 Act.

SECTION 5. Sections 2, 3 and 4 of this 1999 Act are repealed December 31, 2003.

SECTION 6. This 1999 Act being necessary for the immediate preservation of the public peace, health and safety, an emergency is declared to exist, and this 1999 Act takes effect on its passage.

Approved by the Governor June 16, 1999

Filed in the office of Secretary of State June 16, 1999

Effective date June 16, 1999

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