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43.1230 Liability of government-Exceptions

Cite as [A.S.C.A. § 43.1230]

(a) The liability provisions of this chapter shall not be applied to allow for any claim arising out of or based upon any failure of or error produced, calculated, or generated by a government computer system as a result of the system not being Y-2K compliant, regardless of the cause for the system not being Y-2K compliant.

(b) Nothing in this chapter shall be deemed to provide immunity or release from liability to any person who:

(1) Deliberately tampers with a government computer system for the purpose of preventing it from being Y-2K complaint; causing the system to produce, calculate, or generate a Y-2K error; provided, however, that the immunity or release from liability shall remain where the Y-2K error arises out of to a test performed to determine whether a government computer system will produce, calculate, or generate a Y-2K error; or

(2) receives and fails to immediately return a benefit which the person is not legally entitled to arising out of or based upon any failure of or error produced, calculated, or generated by a government computer system as a result of the system’s not being Y-2K complaint, which benefit was provided to the person as a result of a Y-2K error produced, calculated, or generated by a government computer system.

History: 1999, PL 26-14.