SF 2

1st Unofficial Engrossment - 81st Legislature (1999 - 2000) Posted on 12/15/2009 12:00am

  1.1                          A bill for an act 
  1.2             relating to the year 2000 problem; authorizing the 
  1.3             governor to declare an emergency with respect to the 
  1.4             problem; providing exceptions from the uniform 
  1.5             municipal contracting law for certain purposes; 
  1.6             providing immunity for certain purposes; providing 
  1.7             procedures and timelines for certain Y2K trial 
  1.8             matters; requiring reports by certain utilities, 
  1.9             nursing homes, health care, and other providers; 
  1.10            requiring the collection, dissemination, and reporting 
  1.11            of certain information; prescribing the duties of the 
  1.12            commissioner of administration; proposing coding for 
  1.13            new law as Minnesota Statutes, chapter 604B. 
  1.14  BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.15     Section 1.  [604B.01] [YEAR 2000 ACTIVITIES; IMMUNITY.] 
  1.16     Subdivision 1.  [DEFINITIONS.] For the purpose of this 
  1.17  section, the terms defined in this section have the meanings 
  1.18  given them. 
  1.19     Subd. 2.  [ASSOCIATION.] "Association" means a trade, 
  1.20  professional, governmental, or similar organization the members 
  1.21  of which are individuals, enterprises, or governmental units 
  1.22  engaged in similar lines of business, services, or activity. 
  1.23     Subd. 3.  [STATE AGENCY.] "State agency" means the 
  1.24  University of Minnesota, Minnesota state colleges and 
  1.25  universities, and the departments, boards, agencies, and 
  1.26  commissions in the executive, judicial, and legislative branches.
  1.27     Subd. 4.  [YEAR 2000 SOLUTION INFORMATION.] "Year 2000 
  1.28  solution information" means information related to solutions 
  1.29  that address the inability of computer systems, software, or 
  2.1   electronically controlled devices to recognize certain dates in 
  2.2   1999 and after December 31, 1999.  That inability may cause 
  2.3   disruptions in electronic communications or the functioning of 
  2.4   electronically controlled equipment resulting or reasonably 
  2.5   anticipated to result from erroneous data that is or may be 
  2.6   supplied by electronic devices. 
  2.7      Subd. 5.  [ASSOCIATION AND RELATED IMMUNITY.] No cause of 
  2.8   action may be maintained against an association for damages or 
  2.9   harm resulting from the collection of year 2000 solution 
  2.10  information or the publication of that information or against 
  2.11  any person or entity for providing year 2000 solution 
  2.12  information to the association. 
  2.13     Subd. 6.  [STATE AGENCY IMMUNITY.] No cause of action may 
  2.14  be maintained against a state agency for damages or harm 
  2.15  resulting from the collection of year 2000 solution information 
  2.16  or the publication of that information. 
  2.17     Subd. 7.  [GOVERNMENTAL UNIT IMMUNITY.] No cause of action 
  2.18  may be maintained against a governmental unit as defined in 
  2.19  section 462.384, subdivision 2, including governmental units 
  2.20  acting jointly under section 471.59, for damages or harm 
  2.21  resulting from the collection, publication, or dissemination of 
  2.22  year 2000 solution information to other governmental units or to 
  2.23  the metropolitan council or agencies. 
  2.24     Subd. 8.  [EXCEPTION.] Subdivisions 5 to 7 do not apply if 
  2.25  the party against whom the claim is brought knew that the year 
  2.26  2000 solution information provided was materially false or 
  2.27  provided the information with reckless disregard as to the 
  2.28  accuracy of the information. 
  2.29     Subd. 9.  [NO IMPLIED CAUSE OF ACTION CREATED.] No 
  2.30  liability on the part of any person or any public or private 
  2.31  entity is implied or created by this section by the absence of a 
  2.32  grant of immunity under this section. 
  2.33     Sec. 2.  [604B.02] [TRIAL OF MATTERS INVOLVING Y2K 
  2.34  PROCESSING.] 
  2.35     (a) For a civil cause of action involving a claim in tort, 
  2.36  contract, product liability, or under any other legal theory 
  3.1   arising out of damages allegedly due to a failure of Y2K 
  3.2   processing, an action may be commenced and discovery may be 
  3.3   conducted, but no dispositive motion may be heard or trial 
  3.4   conducted until after January 2, 2001, unless the court 
  3.5   determines, for good cause shown, that a failure to hear and 
  3.6   rule on a dispositive motion would result in hardship. 
  3.7      (b) Actions involving a failure of Y2K processing shall be 
  3.8   referred to a Y2K processing panel of the district court to 
  3.9   which district judges in a sufficient number shall be assigned 
  3.10  on and after July 1, 1999. 
  3.11     Sec. 3.  [EMERGENCIES.] 
  3.12     (a) The governor may declare an emergency under this 
  3.13  section for purposes of Minnesota Statutes, sections 12.31, 
  3.14  12.36, and 12.37.  The governor may declare an emergency under 
  3.15  authority of this section only to the extent that actual or 
  3.16  potential failure of computers or electronically controlled 
  3.17  devices creates an actual or imminent serious threat to the 
  3.18  health or safety of persons or an actual or imminent threat of 
  3.19  catastrophic loss to property or the environment. 
  3.20     (b) A declaration for purposes of Minnesota Statutes, 
  3.21  section 12.31, must be made according to procedures in that 
  3.22  section. 
  3.23     (c) The governor may declare an emergency under this 
  3.24  section for purposes of Minnesota Statutes, section 12.36 or 
  3.25  12.37, without declaring a peacetime emergency under Minnesota 
  3.26  Statutes, section 12.31.  A declaration for purposes of 
  3.27  Minnesota Statutes, section 12.36 or 12.37, may specify that it 
  3.28  applies to all or certain units of state or local government, 
  3.29  must specify the time period for which it applies, and must be 
  3.30  filed with the secretary of state. 
  3.31     (d) This section is in addition to and does not limit 
  3.32  authority granted to the governor or local government officials 
  3.33  by Minnesota Statutes, chapter 12, or other law. 
  3.34     (e) After April 1, 2000, the governor may not use this 
  3.35  section as authority to declare an emergency. 
  3.36     (f) If an emergency is declared under authority of this 
  4.1   section, a unit of state or local government may omit compliance 
  4.2   with the procedures and law listed in Minnesota Statutes, 
  4.3   sections 12.36, paragraph (a), clause (2), and 12.37, clause 
  4.4   (2), only to the extent necessary to protect health and safety 
  4.5   of persons or avoid catastrophic loss to property or the 
  4.6   environment.  A unit of state or local government must report to 
  4.7   the year 2000 project office in the department of administration 
  4.8   on omitting compliance with procedures and laws.  The report 
  4.9   must be filed within 30 days of the action that did not comply 
  4.10  with the customary laws. 
  4.11     Sec. 4.  [YEAR 2000 PROBLEM REPORTS.] 
  4.12     All electric utilities, as defined in Minnesota Statutes, 
  4.13  section 216B.38, subdivision 5, and telephone companies, as 
  4.14  defined in Minnesota Statutes, section 237.01, subdivisions 2 
  4.15  and 3, must file status reports on year 2000 problems with the 
  4.16  public utilities commission and the department of public 
  4.17  service, with a copy to the division of emergency management of 
  4.18  the department of public safety, on July 1 and October 1, 1999.  
  4.19  The status report must include a statement of the percentage of 
  4.20  the assessment phase that has been completed to date, the 
  4.21  percentage of the remediation phase that has been completed to 
  4.22  date, and the percentage of the testing of corrective actions 
  4.23  phase that has been complete to date.  The foregoing questions, 
  4.24  along with others deemed appropriate, must be included in Y2K 
  4.25  status report form that must be provided by the department of 
  4.26  public safety, division of emergency management.  If a report 
  4.27  indicates that all year 2000 problems have been remediated, an 
  4.28  entity need not file a subsequent report unless there has been a 
  4.29  change. 
  4.30     Sec. 5.  [YEAR 2000 PROBLEM EXEMPTION FROM UNIFORM 
  4.31  MUNICIPAL CONTRACTING LAW.] 
  4.32     Subdivision 1.  [MUNICIPAL CONTRACTS.] Minnesota Statutes, 
  4.33  section 471.345, does not apply to the purchase or rental of 
  4.34  supplies, materials, and equipment nor to the construction, 
  4.35  alteration, repair, and maintenance of real or personal property 
  4.36  if the governing body of a municipality determines that there is 
  5.1   an urgency due to the actual or potential failure or malfunction 
  5.2   of public infrastructure or systems critical to the delivery of 
  5.3   municipal services due to year 2000 problems with computers and 
  5.4   electronically controlled devices. 
  5.5      Subd. 2.  [SPECIAL PROCEDURE.] A contract exempted from 
  5.6   Minnesota Statutes, section 471.345, by subdivision 1 may, at 
  5.7   the discretion of the municipality, be made by direct 
  5.8   negotiation by obtaining two or more quotations or in the open 
  5.9   market.  All quotations shall be kept on file for a period of at 
  5.10  least one year after receipt.  
  5.11     Subd. 3.  [APPLICABILITY OF OTHER LAWS.] This section 
  5.12  supersedes any inconsistent law. 
  5.13     Subd. 4.  [REPORTS.] A municipality must report to the year 
  5.14  2000 project office in the department of administration on each 
  5.15  instance in which it omitted compliance with the uniform 
  5.16  municipal contracting law under authority of this section. 
  5.17     Subd. 5.  [EXPIRATION.] This section applies only to a 
  5.18  contract entered into or goods or services purchased before 
  5.19  April 1, 2000. 
  5.20     Sec. 6.  [DEPARTMENT OF HEALTH; YEAR 2000 ACTIVITY.] 
  5.21     Subdivision 1.  [DEPARTMENT OF HEALTH SURVEY.] The 
  5.22  department of health must, by July 30, 1999, survey all 
  5.23  hospitals, nursing homes, nontransient noncommunity water 
  5.24  systems operated by a public entity, and community water supply 
  5.25  systems for year 2000 problems and solutions related to their 
  5.26  operations.  The department, upon request, must disseminate 
  5.27  information about those year 2000 problems and proposed 
  5.28  solutions to hospitals, nursing homes, and water supply system 
  5.29  operators in a prompt and reasonable manner. 
  5.30     Subd. 2.  [STATUS REPORTS.] All hospitals, nursing homes, 
  5.31  nontransient noncommunity water systems operated by a public 
  5.32  entity, and community water supply systems must file status 
  5.33  reports on year 2000 problems with the department of health, 
  5.34  with a copy to the division of emergency management of the 
  5.35  department of public safety, on July 1 and October 1, 1999.  The 
  5.36  status report must include a statement of the percentage of the 
  6.1   assessment phase that has been completed to date, the percentage 
  6.2   of the remediation phase that has been completed to date, and 
  6.3   the percentage of the testing of corrective actions phase that 
  6.4   has been completed to date.  The foregoing questions, along with 
  6.5   others deemed appropriate, must be included in a Y2K status 
  6.6   report form that must be provided by the department of public 
  6.7   safety, division of emergency management.  If there has been no 
  6.8   change since the previous report, the report may indicate only 
  6.9   that no change has occurred. 
  6.10     Sec. 7.  [DEPARTMENT OF HUMAN SERVICES; YEAR 2000 
  6.11  ACTIVITY.] 
  6.12     If year 2000 computer problems create a failure or 
  6.13  malfunction in the infrastructure or systems used by the 
  6.14  department of human services for payment to health care 
  6.15  providers under state government programs or counties, the 
  6.16  commissioner of human services shall continue to pay all health 
  6.17  care providers paid under state government programs or counties 
  6.18  by manual warrant or other measures within the statutorily 
  6.19  required time period. 
  6.20     Sec. 8.  [STATUS REPORTS.] 
  6.21     (a) The recipients of the status reports required by 
  6.22  sections 4 and 6, subdivision 2, including the division of 
  6.23  emergency management, shall consult with those required to file 
  6.24  those reports concerning the form of the report. 
  6.25     (b) All reports provided under sections 4 and 6 shall be 
  6.26  considered Year 2000 Readiness Disclosures. 
  6.27     Sec. 9.  [COMMISSIONER REVIEW.] 
  6.28     The commissioner of administration, through staff of the 
  6.29  Y2K project office, is responsible for reviewing use of 
  6.30  emergency authority and emergency funds under this act and shall 
  6.31  review reports from state agencies and political subdivisions 
  6.32  under sections 3, 4, and 5. 
  6.33     Sec. 10.  [EFFECTIVE DATE.] 
  6.34     Sections 1 to 9 are effective the day following final 
  6.35  enactment.