SF 1262

3rd Engrossment - 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.  [PERSON.] "Person" means a natural person or a 
  1.22  small business as defined in section 645.445. 
  1.23     Subd. 4.  [YEAR 2000 PROBLEM.] "Year 2000 problem" means 
  1.24  disruptions in electronic communications or the functioning of 
  1.25  electronically controlled equipment resulting or reasonably 
  2.1   anticipated to result from erroneous data that is or may be 
  2.2   supplied by electronic devices in 1999 or on or after January 1, 
  2.3   2000. 
  2.4      Sec. 2.  [604B.02] [RIGHT TO AFFIRMATIVE DEFENSE BASED ON 
  2.5   YEAR 2000 FAILURE.] 
  2.6      (a) A person has an affirmative defense to any claim or 
  2.7   action brought against the person if the person establishes that 
  2.8   the person's default, failure to pay, breach, omission, or other 
  2.9   violation that is the basis of the claim against the person was 
  2.10  caused by a year 2000 problem associated with an electronic 
  2.11  computing device that is not owned, controlled, or operated by 
  2.12  the person, and, if it were not for the year 2000 problem, the 
  2.13  person would have been able to satisfy the obligations that are 
  2.14  the basis of the claim. 
  2.15     (b) If a person establishes an affirmative defense as set 
  2.16  forth in paragraph (a), the court shall dismiss the claim 
  2.17  without prejudice and the person or entity making the claim 
  2.18  against the person shall not reassert the claim as to which the 
  2.19  affirmative defense was asserted for a period of 60 days from 
  2.20  the date on which the affirmative defense is granted by the 
  2.21  court.  Any statute of limitations applicable to the claim is 
  2.22  tolled for 90 days upon the granting of the affirmative defense 
  2.23  under this section. 
  2.24     (c) This section does not affect those transactions upon 
  2.25  which a default has occurred before any disruption of financial 
  2.26  or data transfer operations attributable to the year 2000 date 
  2.27  change. 
  2.28     (d) The granting of the affirmative defense under this 
  2.29  section does not impair, extinguish, discharge, satisfy, or 
  2.30  otherwise affect the underlying obligation that is the basis of 
  2.31  the claim against which the affirmative defense was asserted; 
  2.32  except that, the inability of a party to bring the claim based 
  2.33  upon the obligation must be delayed as set forth in paragraph 
  2.34  (b). 
  2.35     (e) A consumer may dispute directly with, or report to, a 
  2.36  consumer reporting agency any item of information in the 
  3.1   individual's consumer report resulting from a Year 2000 problem, 
  3.2   including any negative credit information resulting from the 
  3.3   inability of the consumer to transact financial business and 
  3.4   make payments due to a Year 2000 problem.  In responding to this 
  3.5   dispute or report, a consumer reporting agency shall: 
  3.6      (1) comply with all duties under chapter 13C and the 
  3.7   federal Fair Credit Reporting Act, United States Code, title 15, 
  3.8   sections 1681 to 1681u; and 
  3.9      (2) if requested by the consumer, indicate in each consumer 
  3.10  report that includes negative credit information a notation that 
  3.11  the consumer reported that the item of information resulted from 
  3.12  a Year 2000 problem. 
  3.13     Sec. 3.  [604B.03] [TITLE; EXPIRATION.] 
  3.14     This chapter shall be known as the Year 2000 Consumer 
  3.15  Protection Act.  This chapter expires July 1, 2000.  
  3.16     Sec. 4.  [EFFECTIVE DATE.] 
  3.17     This act is effective the day following final enactment and 
  3.18  applies to actions accruing on or after that date.