§662E-2 Immunity against suits. (a) No action, including without limitation, any action for declaratory or injunctive relief, may be brought against the State, its political subdivisions, a board, or a government employee, arising out of a year 2000 error produced, calculated, or generated by a government computer system or other computer-based system, regardless of the cause for the year 2000 error, unless the error is the result of gross negligence on the part of the defendant State, political subdivision, board, or government employee. Failure to fix or prevent an error after a timely, good faith effort to do so shall not constitute gross negligence for the purpose of this subsection.

(b) Except as provided in this section, no action, including without limitation, any action for declaratory or injunctive relief, may be brought against any person arising solely out of a year 2000 error produced, calculated, or generated by a government computer system, regardless of the cause for the year 2000 error; provided, however, that nothing in this subsection shall relieve the manufacturer of the government computer system or the computer software used by the system, or the contractor who provided or serviced the government computer system or the computer software used by the system, of any liability for the year 2000 error. The manufacturer of the government computer system or the computer software used by the system, or the contractor who provided or serviced the government computer system or the computer software used by the system, shall be directly liable to a person harmed by a year 2000 error, as well as the State, a political subdivision, a board, or a government employee, to the same extent that the manufacturer of the government computer system or the computer software used by the system, or the contractor who provided or serviced the government computer system or the computer software used by the system would be liable to persons in the absence of the provisions of this subsection. As used in this subsection:

"Contractor" means a person having a contract with a governmental body, and does not include the State, its political subdivisions, a board, or a government employee.

"Manufacturer of a government computer system or the computer software" does not include the State, its political subdivisions, a board, or a government employee.

The provisions in this chapter shall not apply to any claim for physical injury or death. [L 1998, c 213, pt of §1; am L 1999, c 115, §6]