Senate Bill No. 180

Senate Bill No. 180-Committee on Finance

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AN ACT relating to information systems; providing immunity to the state and its immune contractors, officers, employees and political subdivisions from any civil action based on or action for a breach of contract that is caused by a computer that produced, calculated or generated an incorrect date, regardless of the cause of the error; and providing other matters properly relating thereto.

[Approved July 3, 1997]

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

Section 1. Chapter 41 of NRS is hereby amended by adding thereto a new section to read as follows:
1. No cause of action, including, without limitation, any civil action or action for declaratory or injunctive relief, may be brought under NRS 41.031 or against an immune contractor or an officer or employee of the state or any of its agencies or political subdivisions 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, regardless of the cause of the error.
2. Any contract entered into by or on behalf of and in the capacity of the State of Nevada, 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 other information system that is owned or operated by any of those persons, regardless of the cause of the error.
3. Any contract subject to the provisions of this section that is entered into on or after June 30, 1997, 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.
Sec. 2. NRS 41.0307 is hereby amended to read as follows:
41.0307As used in NRS 41.031 to 41.039, inclusive [:] and section 1 of this act:
1. "Employee" includes an employee of a part-time or full-time board, commission or similar body of the state or a political subdivision of the state which is created by law.
2. "Employment" includes any services performed by an immune contractor.
3. "Immune contractor" means any natural person, professional corporation or professional association which:
(a) Is an independent contractor with the state pursuant to NRS 284.173; and
(b) Contracts to provide medical services for the department of prisons.
As used in this subsection, "professional corporation" and "professional association," have the meanings ascribed to them in NRS 89.020.
4. "Public officer" or "officer" includes:
(a) A member of a part-time or full-time board, commission or similar body of the state or a political subdivision of the state which is created by law.
(b) A public defender and any deputy or assistant attorney of a public defender or an attorney appointed to defend a person for a limited duration with limited jurisdiction.
(c) A district attorney and any deputy or assistant district attorney or an attorney appointed to prosecute a person for a limited duration with limited jurisdiction.
Sec. 3. There is hereby appropriated from the state general fund to the Department of Administration the sum of $1,570,856 for the costs of converting existing information systems of state agencies to systems that will function in the new millennium.
Sec. 4. Any remaining balance of the appropriation made by section 3 of this act must not be committed for expenditure after June 30, 1999, and reverts to the state general fund as soon as all payments of money committed have been made.
Sec. 5. This act becomes effective upon passage and approval or on June 30, 1997, whichever occurs earlier, and expires by limitation on December 30, 2005.
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