A. Except as provided in subsection C, D or E of this section, the state or any political subdivision of the state or an independent contractor of the state shall have no liability for losses from any failure or malfunction occurring before December 31, 2002, which is caused directly or indirectly by the failure of computer software or any device containing a computer processor to accurately or properly recognize, calculate, display, sort, or otherwise process dates or times.
B. Except as provided in subsection C, D or E of this section, no claim or cause of action, including, without limitation, any civil action or action for declaratory of injunctive relief, whether arising out of contract or arising independent of contract, may be brought against the state or any political subdivision of the state or against an independent contractor or an officer or employee of the state or a political subdivision 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 or failed to accurately store, process, provide or receive data. Any contract entered into by or on behalf of and in the capacity of this state, 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 computer system or caused a computer or computer system to fail to accurately store, process, provide or receive data that is owned or operated by any of those persons. Any contract subject to the provisions of this section that is entered into on or after July 1, 1999, 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. Notwithstanding any other provision herein, the provisions of this subsection shall not provide immunity from fulfilling a contract or relieve the state or any political subdivision of the state of its obligation to fulfill the terms of a contract or to provide services or make payments under the terms of the contract in a reasonable length of time.
C. A claim may be brought pursuant to the Governmental Tort Claims Act for negligence caused directly or indirectly by the failure of computer software or any device containing a computer processor to accurately or properly recognize, calculate, display, sort, or otherwise process dates or times, if the failure resulted in bodily injury or death.
D. Neither the state or any political subdivision of the state shall be immune from a claim or cause of action if remediation efforts were not begun by January 1, 1999.
E. Nothing in this section shall limit the liability of any individual or entity to the state or any political subdivision of the state, and contracts between the state or any political subdivision of the state and an independent contractor will not include a provision, express or implied, that grants the independent contractor immunity from liability to the state or any political subdivision of the state for any breach of contract that is caused by an incorrect date being produced, calculated or generated by a computer or computer system that is owned or operated by the independent contractor.
F. As used in this section:
1. “Independent contractor” means a defendant, as defined in Section 2 of this act, providing, pursuant to contract, a computer program or software, a computer system, or providing computer technical assistance to the state or a political subdivision of the state;
2. “Remediation efforts” means:
3. “Computer system” means any electronic device or collection of devices, including support devices, networks and embedded chips, and excluding calculators that are not programmable, that contain computer programs or electronic instructions and that perform functions including logic, arithmetic, data processing, data storage and retrieval, communication or control.
Added by Laws 1999, c. 302, § 5, eff. July 1, 1999.
Structure Oklahoma Statutes
§51-1. Beginning of term - Time of qualifying.
§51-3.1. Failure to qualify - Filling vacancy - Temporary appointment in case of military service.
§51-5. Rights of parties in contest.
§51-6. Officers and deputies not to hold other offices - Exemptions.
§51-10. Vacancies - Appointments - Special elections.
§51-11. Vacancy within thirty days of election.
§51-12.1. Deceased officer's spouse - Eligibility for appointment.
§51-13. How appointments made.
§51-14. Appointees to qualify.
§51-15. Term of appointed officer.
§51-18. Violating Sections 16 and 17 - Penalty.
§51-19. Successor to receive records, etc.
§51-20. Books turned over to successor before salary paid.
§51-21. Oaths, officers authorized to administer.
§51-22. Violations are misdemeanors.
§51-24.4. Directives interpreting county purchasing procedure to be issued.
§51-24A.2. Public policy - Purpose of act.
§51-24A.4. Record of receipts and expenditures.
§51-24A.5. Inspection, copying and/or mechanical reproduction of records - Exemptions.
§51-24A.7. Personnel records - Confidentiality - Inspection and copying.
§51-24A.8. Law enforcement records - Disclosure.
§51-24A.9. Personal notes and personally created material - Confidentiality.
§51-24A.10. Full disclosure of voluntarily supplied information.
§51-24A.10a. Oklahoma Medical Center - Market research and marketing plans - Confidentiality.
§51-24A.11. Library, archive or museum materials - Confidentiality.
§51-24A.13. Federal records - Confidentiality.
§51-24A.14. Personal communications relating to exercise of constitutional rights - Confidentiality.
§51-24A.15. Crop and livestock reports - Public warehouse financial statements - Confidentiality.
§51-24A.16. Educational records and materials - Confidentiality.
§51-24A.16a. Higher education – Donor or prospective donor information – Confidentiality.
§51-24A.17. Violations - Penalties - Civil liability.
§51-24A.18. Additional recordkeeping not required.
§51-24A.19. Research records - Confidentiality.
§51-24A.20. Records in litigation or investigation file - Access.
§51-24A.21. Increment district reports - Exemption from copying fees.
§51-24A.22. Public utilities - Confidential books, records and trade secrets.
§51-24A.25. Order of court for removal of materials from public record.
§51-24A.26. Intergovernmental self-insurance pools.
§51-24A.27. Vulnerability assessments of critical assets in water and wastewater systems.
§51-24A.28. Confidential information – Exceptions.
§51-24A.30. Court records – Confidentiality – Sealed records – Order requirement.
§51-24A.31. Confidential Wine Shipment Reports.
§51-24A.33. Contact information for people or entities responsible for property.
§51-36.1. Persons required to take oath or affirmation.
§51-36.2A. Form of loyalty oath or affirmation.
§51-36.3. Filing oath or affirmation - Blanks.
§51-36.4. Payment of compensation or expenses - Notice - Duty of certifying officer.
§51-36.5. False oath or affirmation.
§51-36.6. Violation of oath or affirmation.
§51-51. Liability to impeachment - Grounds for impeachment.
§51-52. Presiding officer of court of impeachment - Presentation of impeachment.
§51-53. Oath - Concurrence of Senators.
§51-54. Judgment - Criminal liability.
§51-56. Articles of impeachment.
§51-57. Designation of offense.
§51-58. Prosecution of impeachment - Board of managers.
§51-59. Court of impeachment - Organization.
§51-61. Witness - Evidence - Process.
§51-62. Powers of court of impeachment - Orders and judgments - Power to enforce.
§51-63. Fees for witnesses and executions of processes.
§51-65. Voting on judgment - Absence during trial.
§51-66. Costs - How paid - Cost of accused if acquitted.
§51-67. Recess - Trial after adjournment.
§51-68. Trial after adjournment - Per diem of Senators - How paid.
§51-69. Managers of trial - Powers of after-adjournment trial.
§51-71. Procedure - Vote - Records.
§51-91. Officers subject to removal.
§51-92. Supreme Court and district court - Jurisdiction.
§51-93. Official misconduct defined - Suspension.
§51-94. Attorney General - Duties.
§51-95. Speedy trial - Continuances.
§51-96. Summons and pleadings.
§51-97. Defendant guilty - Judgment of ouster.
§51-98. Suspension during proceedings - Temporary appointment - Right to salary.
§51-99. Name in which action commenced.
§51-100. Attorney General - Powers.
§51-102. Ouster proceedings for open and notorious violation of penal laws.
§51-104. Evidence on motion to suspend - Taking of depositions.
§51-105. Prima facie evidence.
§51-121. Declaration of policy.
§51-123. Agreements with federal agencies and agencies of other states.
§51-124. Contributions by state employees.
§51-127. Administrative appropriation.
§51-128. Rules and regulations.
§51-131. Referenda and certification.
§51-132. Withholding by board of education - Determination of coverage.
§51-152. See the following versions:
§51-152.1. Sovereign immunity.
§51-153. Liability - Scope - Exemptions - Exclusivity.
§51-155. Exemptions from liability.
§51-155.1. Claims relating to roads, streets or highways - Limitation.
§51-155.2. Liability of state for Y2K failure.
§51-156. Presentation of claim - Limitation of actions - Filing - Notice - Wrongful death.
§51-157. Denial of claim - Notice.
§51-158. Settlement or defense of claim – Settlement payout - Liability insurance - Public records.
§51-159. Enforcement of judgments.
§51-160. Recovery of payments from employees.
§51-163. Venue - Parties - Real party in interest - Service of process.
§51-164. Application of Oklahoma laws and statutes and rules of procedure.
§51-166. Governmental and proprietary functions of political subdivisions - Application of act.
§51-169. Counties - Insurance.
§51-171. Existing remedies, causes of action or claims not affected.
§51-172. Rural water supply and sewage disposal corporations - Insurance.
§51-200. Settlements - Legislative approval - Involvement of Attorney General.
§51-253. See the following versions:
§51-253v1. Burden upon free exercise of religion.
§51-253v2. Burden upon free exercise of religion.
§51-254. Correctional facility regulation - Compelling state interest.
§51-255. See the following versions:
§51-256. Remedies – Costs - Attorney Fees.