as introduced - 81st Legislature (1999 - 2000) Posted on 12/15/2009 12:00am
1.1 A bill for an act 1.2 relating to civil actions; limiting liability from 1.3 year 2000 failures; proposing coding for new law as 1.4 Minnesota Statutes, chapter 604B. 1.5 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 1.6 Section 1. [604B.01] [DEFINITIONS.] 1.7 Subdivision 1. [TERMS.] For purposes of this chapter, the 1.8 terms in this section have the meanings given them. 1.9 Subd. 2. [ELECTRONIC COMPUTING DEVICE.] "Electronic 1.10 computing device" means any computer hardware or software, 1.11 computer chip, embedded chip, process control equipment, or 1.12 other information system that: 1.13 (1) is used to capture, store, manipulate, or process data; 1.14 or 1.15 (2) controls, monitors, or assists in the operation of 1.16 physical apparatus that is not primarily used as a computer but 1.17 that relies on automation or digital technology to function, 1.18 including, but not limited to, vehicles, vessels, buildings, 1.19 structures, facilities, elevators, medical equipment, traffic 1.20 signals, and factory machinery. 1.21 Subd. 3. [YEAR 2000 PROBLEM.] "Year 2000 problem" means 1.22 disruptions in electronic communications or the functioning of 1.23 electronically controlled equipment resulting or reasonably 1.24 anticipated to result from erroneous data that is or may be 1.25 supplied by electronic devices in 1999 or on or after January 1, 2.1 2000. 2.2 This section expires July 1, 2000. 2.3 Sec. 2. [604B.02] [INDIVIDUAL'S RIGHT TO AFFIRMATIVE 2.4 DEFENSE BASED ON YEAR 2000 FAILURE.] 2.5 (a) An individual has an affirmative defense to any claim 2.6 or action brought against the individual if the individual 2.7 establishes that the individual's default, failure to pay, 2.8 breach, omission, or other violation that is the basis of the 2.9 claim against the individual was caused, in whole or in part, by 2.10 a year 2000 problem associated with an electronic computing 2.11 device, and, if it were not for the year 2000 problem, the 2.12 individual would have been able to satisfy the obligations that 2.13 are the basis of the claim. 2.14 (b) If an individual establishes an affirmative defense as 2.15 set forth in paragraph (a), then the person or entity making the 2.16 claim against the individual shall not reassert the claim as to 2.17 which the affirmative defense was asserted for a period of 30 2.18 days from the date on which the affirmative defense is granted 2.19 by the court. Any statute of limitations applicable to the 2.20 claim is tolled for 45 days upon the granting of the affirmative 2.21 defense under this section. 2.22 (c) This section does not affect those transactions upon 2.23 which a default has occurred before any disruption of financial 2.24 or data transfer operations attributable to the year 2000 date 2.25 change. 2.26 (d) The granting of the affirmative defense under this 2.27 section does not impair, extinguish, discharge, satisfy, or 2.28 otherwise affect the underlying obligation that is the basis of 2.29 the claim against which the affirmative defense was asserted; 2.30 except that, the inability of a party to bring the claim based 2.31 upon the obligation must be delayed as set forth in paragraph 2.32 (b). 2.33 (e) A credit reporting agency operating in this state shall 2.34 not report any negative credit information resulting, in whole 2.35 or in part, from the failure of an electronic computing device 2.36 to process financial information and other information or the 3.1 inability of the consumer to transact financial business and 3.2 make payments due to the failure of an electronic computing 3.3 device to compute, recognize, or timely process the year 2000 3.4 date change. 3.5 (f) This section expires July 1, 2000. 3.6 Sec. 3. [604B.03] [TITLE.] 3.7 This chapter shall be known as the Year 2000 Consumer 3.8 Protection Act. 3.9 Sec. 4. [EFFECTIVE DATE.] 3.10 This act is effective the day following final enactment and 3.11 applies to actions accruing on or after that date.