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1999 SESSION

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VIRGINIA ACTS OF ASSEMBLY -- CHAPTER An Act to amend the Code of Virginia by adding in Chapter 1 of Title 15.2 a section numbered 15.2-108, relating to immunity from claims arising from certain computer failures. [H 1669] Approved

Be it enacted by the General Assembly of Virginia:

1. That the Code of Virginia is amended by adding in Chapter 1 of Title 15.2 a section numbered 15.2-108 as follows:

§ 15.2-108. Immunity from certain tort actions.

Notwithstanding any provision of law to the contrary and except for acts or omissions constituting gross negligence or willful misconduct, no county, city, town or entity established by one or more local governments to provide public transportation services or other political subdivision of the Commonwealth or agency thereof, or any employee or officer thereof, shall be liable in any tort action for damages for any loss, injury, or claim arising from or in any way related to the failure of a computer, software program, database, network, information system, firmware, or any other device, to interpret, produce, calculate, generate, or account for a date which is compatible with the “Year 2000” date change.

Nothing in this section shall be construed to remove or in any way limit the immunity or any other defenses of any county, city or town or entity established by one or more local governments to provide public transportation services or other political subdivision of the Commonwealth or any employee or officer thereof.