HB1136

                              First Regular Session
       
                           Sixty-second General Assembly

LLS NO. 99-0377.01 Jennifer Gilroy HOUSE BILL 99-1136

                                    STATE OF COLORADO

       BY REPRESENTATIVE Tupa

       JUDICIARY


                                                           A BILL FOR AN ACT

101  CONCERNING PROBLEMS ASSOCIATED WITH THE YEAR 2000 DATE CHANGE.

                                                                   Bill Summary

                   (Note:    This    summary    applies    to    this    bill    as    introduced    and   does
       not       necessarily      reflect      any      amendments      that      may      be      subsequently
       adopted.)

                   Extends     the     "Governmental     Immunity     Act"     to     cover     all    claims
       against     a    public    entity    for    injury    arising    from    the    failure    of    electronic
       computing      devices      to      correctly      interpret,      produce,     calculate,     compute,
       generate,    or    account   for   a   date   that   is   compatible   with   the   year   2000   date
       change. Defines the term "electronic computing device".



    1  Be it enacted by the General Assembly of the State of Colorado:

    2              SECTION     1.     24-10-106,     Colorado     Revised     Statutes,    is    amended

    3  BY THE ADDITION OF A NEW SUBSECTION to read:

    4              24-10-106.      Immunity      and      partial      waiver     -     Y2K     immunity.

    5  (1.3)  (a)  NOTWITHSTANDING  THE  PROVISIONS  OF SUBSECTION (1) OF THIS

    6  SECTION,  A  PUBLIC  ENTITY  SHALL  BE  IMMUNE  FROM  LIABILITY IN ALL

    7  CLAIMS FOR INJURY THAT LIE IN TORT OR COULD LIE IN TORT, REGARDLESS

    8  OF WHETHER THAT IS THE TYPE OF ACTION OR THE FORM OF RELIEF CHOSEN

    9  BY THE CLAIMANT, THAT ARE CAUSED BY THE FAILURE OF AN ELECTRONIC

10  COMPUTING  DEVICE  TO  CORRECTLY  INTERPRET,  PRODUCE, CALCULATE,



       [ ] denotes HOUSE amendment. { } denotes SENATE amendment.

       Capital letters indicate new material to be added to existing statute.

       Dashes through the words indicate material to be deleted from existing statute.

       Page 2

    1  COMPUTE, GENERATE, OR ACCOUNT FOR A DATE THAT IS COMPATIBLE WITH

    2  THE YEAR 2000 DATE CHANGE.

    3              (b)    FOR    PURPOSES    OF    THIS   SUBSECTION   (1.3),   "ELECTRONIC

    4  COMPUTING  DEVICE"  MEANS  ANY COMPUTER HARDWARE OR SOFTWARE,

    5  COMPUTER   CHIP,  EMBEDDED  CHIP,  PROCESS  CONTROL  EQUIPMENT,  OR

    6  OTHER INFORMATION SYSTEM THAT:

    7              (I)  IS  USED  TO  CAPTURE, STORE, MANIPULATE, OR PROCESS DATA;

    8  OR

    9              (II)  CONTROLS,  MONITORS,  OR  ASSISTS  IN  THE  OPERATION  OF  A

10  PHYSICAL APPARATUS THAT IS NOT PRIMARILY USED AS A COMPUTER BUT

11  THAT  RELIES  ON  AUTOMATION  OR  DIGITAL TECHNOLOGY TO FUNCTION,

12  INCLUDING    BUT    NOT    LIMITED   TO   VEHICLES,   VESSELS,   BUILDINGS,

13  STRUCTURES,   FACILITIES,   ELEVATORS,   MEDICAL  EQUIPMENT,  TRAFFIC

14  SIGNALS, AND FACTORY MACHINERY.

15              SECTION     2.     Effective     date    -    applicability.    (1)    This    act    shall

16  take     effect     at    12:01    a.m.    on    the    day    following    the    expiration    of    the

17  ninety-day    period    after    final    adjournment    of    the    general    assembly    that   is

18  allowed      for      submitting     a     referendum     petition     pursuant     to     article     V,

19  section    1    (3)    of   the   state   constitution;   except   that,   if   a   referendum   petition

20  is   filed   against   this   act   or   an   item,   section,   or   part   of   this   act   within   such

21  period,    then   the   act,   item,   section,   or   part,   if   approved   by   the   people,   shall

22  take    effect    on    the    date    of    the   official   declaration   of   the   vote   thereon   by

23  proclamation of the governor.

24              (2)   This   act   shall   apply   to   causes   of   action   accruing   on   or   after  the

25  applicable effective date of this act.