§ 32-12-05 — Claims resulting from year 2000 date change computer failures prohibited

The state is not liable for a claim arising upon contract which is the result of the failure of
any computer hardware or software, telecommunications network, or device containing a
computer processor to interpret, produce, calculate, generate, or account for a date that is
compatible with the year 2000 date change if the state has made a good-faith effort to make the
computer hardware or software, telecommunications network, or device containing a computer
processor compliant with the year 2000 date change. For the purposes of this section, the state
is presumed to have made a good-faith effort to make the computer hardware or software,
telecommunications network, or device containing a computer processor compliant with the year
2000 date change if the results of testing establish that the computer hardware or software,
telecommunications network, or device containing a computer processor meets the compliance
requirements of this section, or if the state has sought and received an assurance of compliance

from the manufacturer or supplier, or if the state has sought an assurance of compliance from
the manufacturer, supplier, government, or other reliable source when testing or receiving an
assurance from the manufacturer or supplier of the computer hardware or software,
telecommunications network, or device containing a computer processor is not practicable. For
the purposes of this section, computer hardware or software, a telecommunications network, or
device containing a computer processor is compliant with the year 2000 date change if:
1. All stored dates or programs contain century recognition, including dates stored in
databases and hardware or internal system dates in devices;
2. The program logic accommodates same century and multicentury formulas and date
values; and
3. The year 2000 or any other leap year is correctly treated as a leap year within all
program logic.