[§663M-2] Applicability. (a) Claims properly filed by consumers in the small claims division of the district courts shall be excluded from the alternative dispute resolution procedure contained in section 663M-4.

(b) The provisions in this chapter shall not apply to claims asserted by or against the State, its political subdivisions, a board, or a government employee, arising out [of] or relating to 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.

As used in this subsection:

"Board" means any agency, board, commission, authority, or committee of the State or its political subdivisions that is created by constitution, statute, rule, or executive order to have supervision, control, jurisdiction, or advisory power over specific matters.

"Government employee" includes an officer or employee of the State, its political subdivisions, or board, including a person acting on behalf of a board in an official capacity, temporarily or permanently, whether with or without compensation.

(c) The provisions in section 663M-4 may be modified or waived by express agreement. Any such modification or waiver shall be explicit, and no intent to modify or waive these protections shall be inferred.

(d) The provisions in this chapter shall not apply to claims for physical injury or death. [L 1999, c 115, pt of §2]