(On Behalf of the Budget Division of the
Department of Administration)
March 5, 1997
____________
Referred to Committee on Finance
SUMMARY--Limits specifically liability of state and local governments for injuries arising from certain manufacturing defects in computers and other information systems. (BDR 3-1442)
FISCAL NOTE: Effect on Local Government: No.
Effect on the State or on Industrial Insurance: Contains Appropriation included in Executive Budget.
EXPLANATION - Matter in italics is new; matter in brackets [ ] is material to be omitted.
AN ACT relating to information systems; limiting specifically the liability of the state and its officers, employees, agencies and political subdivisions for injuries arising from certain manufacturing defects in computers and other information systems; making an appropriation to the Department of Administration for the costs of converting existing information systems of state agencies to systems that will function in the new millennium; and providing other matters properly relating thereto.
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:
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 which is based on injuries to any person or property arising from or incident to any defect in the manufacture of a computer or other information system that prevents the system from producing or generating the proper date.
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.