Ohio Code 2744.10 – Immunity as to Year 2000 compliant claims
(A) As used in this section:
Terms Used In Ohio Code 2744.10
- Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- Political subdivision: includes , but is not limited to, a county hospital commission appointed under section 339. See Ohio Code 2744.01
- State: means the state of Ohio, including, but not limited to, the general assembly, the supreme court, the offices of all elected state officers, and all departments, boards, offices, commissions, agencies, colleges and universities, institutions, and other instrumentalities of the state of Ohio. See Ohio Code 2744.01
- subdivision: means a municipal corporation, township, county, school district, or other body corporate and politic responsible for governmental activities in a geographic area smaller than that of the state. See Ohio Code 2744.01
(1) Computer services,computer,computer system,computer network,computer program,computer software, and data have the same meanings as in section 2913.01 of the Revised Code.
(2) Information technology system or product includes a computer service, computer, computer system, computer network, or computer program, computer software, and data and also includes, but is not limited to, any software, firmware, microcode, hardware, embedded chips, or other system or product or any combination of those items that creates, reads, writes, calculates, compares, sequences, or otherwise processes date data.
(3) State and political subdivision have the same meaning as in section 2744.01 of the Revised Code.
(4) Year 2000 compliant means a computer system or systems that are, or will be, capable of accurately processing, storing, providing and receiving date and time data from, into, and between the twentieth and twenty-first centuries, including the years 1999 and 2000, and leap-year calculations, when used on a stand-alone basis or in combination with other hardware, firmware, or software, without creating new errors or side effects. The processing of date and time data includes, but is not limited to, calculating, comparing, projecting, and sequencing.
(B) The state or a political subdivision shall not be liable in any civil action or proceedings for any damages caused by the failure of any information technology system or product provided or used by the state or the political subdivision to be year 2000 compliant, unless the claimant proves, by clear and convincing evidence, that both of the following apply:
(1) The failure of the information technology system or product to be year 2000 compliant is the proximate cause of the damages alleged.
(2) The state or the political subdivision failed to make a good faith effort, prior to January 1, 2000, to become year 2000 compliant.
(C) An action for damages against the state under this section shall be filed in the court of claims pursuant to Chapter 2743 of the Revised Code.