Minnesota Session Laws - 1999, Regular Session

                            CHAPTER 234-S.F.No. 1262 
                  An act relating to civil actions; limiting liability 
                  from year 2000 failures; proposing coding for new law 
                  as Minnesota Statutes, chapter 604B. 
        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
           Section 1.  [604B.01] [DEFINITIONS.] 
           Subdivision 1.  [TERMS.] For purposes of this chapter, the 
        terms in this section have the meanings given them. 
           Subd. 2.  [ELECTRONIC COMPUTING DEVICE.] "Electronic 
        computing device" means any computer hardware or software, 
        computer chip, embedded chip, process control equipment, or 
        other information system that: 
           (1) is used to capture, store, manipulate, or process data; 
        or 
           (2) controls, monitors, or assists in the operation of 
        physical apparatus that is not primarily used as a computer but 
        that relies on automation or digital technology to function, 
        including, but not limited to, vehicles, vessels, buildings, 
        structures, facilities, elevators, medical equipment, traffic 
        signals, and factory machinery. 
           Subd. 3.  [PERSON.] "Person" means a natural person or a 
        small business as defined in section 645.445. 
           Subd. 4.  [YEAR 2000 PROBLEM.] "Year 2000 problem" means 
        disruptions in electronic communications or the functioning of 
        electronically controlled equipment resulting or reasonably 
        anticipated to result from erroneous data that is or may be 
        supplied by electronic devices in 1999 or on or after January 1, 
        2000. 
           Sec. 2.  [604B.02] [RIGHT TO AFFIRMATIVE DEFENSE BASED ON 
        YEAR 2000 FAILURE.] 
           (a) A person has an affirmative defense to any claim or 
        action brought against the person if the person establishes that 
        the person's default, failure to pay, breach, omission, or other 
        violation that is the basis of the claim against the person was 
        caused by a year 2000 problem associated with an electronic 
        computing device that is not owned, controlled, or operated by 
        the person, and, if it were not for the year 2000 problem, the 
        person would have been able to satisfy the obligations that are 
        the basis of the claim. 
           (b) If a person establishes an affirmative defense as set 
        forth in paragraph (a), the court shall dismiss the claim 
        without prejudice and the person or entity making the claim 
        against the person shall not reassert the claim as to which the 
        affirmative defense was asserted for a period of 60 days from 
        the date on which the affirmative defense is granted by the 
        court.  Any statute of limitations applicable to the claim is 
        tolled for 90 days upon the granting of the affirmative defense 
        under this section. 
           (c) This section does not affect those transactions upon 
        which a default has occurred before any disruption of financial 
        or data transfer operations attributable to the year 2000 date 
        change. 
           (d) The granting of the affirmative defense under this 
        section does not impair, extinguish, discharge, satisfy, or 
        otherwise affect the underlying obligation that is the basis of 
        the claim against which the affirmative defense was asserted; 
        except that, the inability of a party to bring the claim based 
        upon the obligation must be delayed as set forth in paragraph 
        (b). 
           (e) A consumer may dispute directly with, or report to, a 
        consumer reporting agency any item of information in the 
        individual's consumer report resulting from a Year 2000 problem, 
        including any negative credit information resulting from the 
        inability of the consumer to transact financial business and 
        make payments due to a Year 2000 problem.  In responding to this 
        dispute or report, a consumer reporting agency shall: 
           (1) comply with all duties under chapter 13C and the 
        federal Fair Credit Reporting Act, United States Code, title 15, 
        sections 1681 to 1681u; and 
           (2) if requested by the consumer, indicate in each consumer 
        report that includes negative credit information a notation that 
        the consumer reported that the item of information resulted from 
        a Year 2000 problem. 
           Sec. 3.  [604B.03] [TITLE; EXPIRATION.] 
           This chapter shall be known as the Year 2000 Consumer 
        Protection Act.  This chapter expires July 1, 2000.  
           Sec. 4.  [EFFECTIVE DATE.] 
           This act is effective the day following final enactment and 
        applies to actions accruing on or after that date. 
           Presented to the governor May 24, 1999 
           Signed by the governor May 25, 1999, 11:43 a.m.