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HF 73

as introduced - 81st Legislature (1999 - 2000) Posted on 12/15/2009 12:00am

KEY: stricken = removed, old language.
underscored = added, new language.
  1.1                          A bill for an act 
  1.2             relating to the year 2000 problem; providing immunity 
  1.3             for certain activities; clarifying the mutual aid 
  1.4             authority of local government units; requiring the 
  1.5             department of health to collect and disseminate 
  1.6             certain information; appropriating money; amending 
  1.7             Minnesota Statutes 1998, section 12.331, subdivision 
  1.8             1; proposing coding for new law as Minnesota Statutes, 
  1.9             chapter 604B. 
  1.10  BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.11     Section 1.  Minnesota Statutes 1998, section 12.331, 
  1.12  subdivision 1, is amended to read: 
  1.13     Subdivision 1.  [AUTHORITY BETWEEN POLITICAL SUBDIVISIONS.] 
  1.14  When the public interest requires it because of an emergency, a 
  1.15  political subdivision may request the assistance of another 
  1.16  political subdivision.  Upon receiving such a request, a 
  1.17  political subdivision, called the "sending political 
  1.18  subdivision," may go to the assistance of the requesting 
  1.19  political subdivision, called the "receiving political 
  1.20  subdivision."  The receiving political subdivision may accept 
  1.21  and use the personnel, equipment, and supplies of the sending 
  1.22  political subdivision as agreed upon by both political 
  1.23  subdivisions.  For the purposes of this subdivision, "emergency" 
  1.24  includes an emergency related to year 2000 problems with 
  1.25  computers and related equipment. 
  1.26     Sec. 2.  [604B.01] [YEAR 2000 ACTIVITIES; IMMUNITY.] 
  1.27     Subdivision 1.  [DEFINITIONS.] For the purpose of this 
  2.1   section, the terms defined in this section have the meanings 
  2.2   given them. 
  2.3      Subd. 2.  [ASSOCIATION.] "Association" means a trade, 
  2.4   professional, or similar organization the members of which are 
  2.5   individuals or enterprises engaged in similar lines of business 
  2.6   or activity. 
  2.7      Subd. 3.  [STATE AGENCY.] "State agency" means the 
  2.8   departments, boards, agencies, and commissions in the executive, 
  2.9   judicial, and legislative branches. 
  2.10     Subd. 4.  [YEAR 2000 SOLUTION INFORMATION.] "Year 2000 
  2.11  solution information" means information related to solutions 
  2.12  that address the inability of technology computer systems, 
  2.13  software programs, or semiconductors to recognize certain dates 
  2.14  in 1999 and after December 31, 1999. 
  2.15     Subd. 5.  [ASSOCIATION AND MEMBER IMMUNITY.] No cause of 
  2.16  action may be brought against an association for damages or harm 
  2.17  resulting from the collection of year 2000 solution information 
  2.18  or the publication of that information or against a member of an 
  2.19  association for providing year 2000 solution information to the 
  2.20  association. 
  2.21     Subd. 6.  [STATE AGENCY IMMUNITY.] No cause of action may 
  2.22  be brought against a state agency for damages or harm resulting 
  2.23  from the collection of year 2000 solution information or the 
  2.24  publication of that information. 
  2.25     Subd. 7.  [EXCEPTION.] Subdivisions 5 and 6 do not apply if 
  2.26  it can be shown by clear and convincing evidence that the party 
  2.27  against whom the claim is brought knew in fact that the year 
  2.28  2000 solution information provided was materially false. 
  2.29     Sec. 3.  [YEAR 2000 APPROPRIATIONS CARRY-FORWARD.] 
  2.30     The appropriations in Laws 1997, chapter 202, article 1, 
  2.31  section 12, subdivision 7, and Laws 1998, chapter 366, section 
  2.32  6, to the department of administration for modifications of 
  2.33  state business systems to address year 2000 changes do not 
  2.34  cancel and are available until expended. 
  2.35     Sec. 4.  [DEPARTMENT OF HEALTH; YEAR 2000 ACTIVITY.] 
  2.36     The department of health must, by July 30, 1999, survey all 
  3.1   hospitals, nursing homes, and municipal water supply system 
  3.2   operators for year 2000 issues related to their operations.  The 
  3.3   department must disseminate information about those year 2000 
  3.4   problems and proposed solutions to hospitals, nursing homes, and 
  3.5   water supply system operators in a prompt and reasonable manner. 
  3.6      Sec. 5.  [YEAR 2000 LOAN FUND.] 
  3.7      $20,000,000 is appropriated from the general fund to the 
  3.8   commissioner of finance to capitalize a fund, to be used to make 
  3.9   loans to school districts, counties, home rule charter and 
  3.10  statutory cities, and towns to meet the costs they incur in 
  3.11  addressing year 2000 problems with computers and related systems.
  3.12     The local units of government that received the loans must 
  3.13  repay them in five equal annual installments beginning one year 
  3.14  after receipt of the loan.  No interest is payable on the loan.  
  3.15  Repayments must be deposited in the general fund. 
  3.16     This appropriation does not cancel. 
  3.17     Sec. 6.  [YEAR 2000 CHANGES; DEPARTMENT OF ADMINISTRATION 
  3.18  CONTINGENCY FUND APPROPRIATION.] 
  3.19     $5,500,000 is appropriated from the general fund to the 
  3.20  commissioner of administration for the biennium ending June 30, 
  3.21  2001, for modification of state business systems to address year 
  3.22  2000 changes.  The appropriation is placed in a contingent 
  3.23  account and is available only upon approval of the governor, 
  3.24  after consultation with the legislative advisory commission.  
  3.25  This appropriation is not available until the commissioner has 
  3.26  determined that all other money allocated for replacement or 
  3.27  enhancement of existing technology for year 2000 compliance will 
  3.28  be expended. 
  3.29     Sec. 7.  [APPROPRIATION; PUBLIC SAFETY.] 
  3.30     $....... is appropriated from the general fund to the 
  3.31  department of public safety for the division of emergency 
  3.32  management to respond to year 2000 problem emergency issues and 
  3.33  is available until expended. 
  3.34     Sec. 8.  [EFFECTIVE DATE.] 
  3.35     Section 2 is effective the day following final enactment 
  3.36  and does not affect or apply to any lawsuit pending on the 
  4.1   effective date.  Section 4 is effective the day following final 
  4.2   enactment.