Text: S03186                            Text: S03188
Text: S03100 - S03199                   Text: S Index
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Senate Amendment 3187

Amendment Text

PAG LIN
  1  1    Amend Senate File 405 as follows:
  1  2    #1.  Page 3, by inserting after line 4 the
  1  3 following:
  1  4    "Sec.    .  NEW SECTION.  527A.2  LIMITATION ON
  1  5 ACTIONS AGAINST PERSONS FOR ELECTRONIC FAILURE
  1  6 ASSOCIATED WITH A YEAR 2000 PROBLEM.
  1  7    1.  A person who transacts business in this state
  1  8 on matters directly or indirectly affecting real or
  1  9 personal property, whether tangible or intangible,
  1 10 mortgages, credit accounts, banking and financial
  1 11 transactions, or property interests in this state
  1 12 shall not initiate or cause to be initiated a
  1 13 foreclosure proceeding, default, or other adverse
  1 14 action against another person due to a failure of
  1 15 payment or performance caused by a year 2000 problem.
  1 16    2.  A person shall not initiate or cause to be
  1 17 initiated an adverse enforcement action, whether based
  1 18 on contract or otherwise, against another person who
  1 19 is unable to cause payment, or to act or forbear, or
  1 20 to cause other financial transactions to occur in a
  1 21 timely manner due to a year 2000 problem.
  1 22    3.  The prohibitions in subsections 1 and 2 apply
  1 23 to transactions relating to and including, but not
  1 24 limited to, mortgages, contracts, landlord and tenant
  1 25 relations, consumer credit obligations, utilities, and
  1 26 banking.
  1 27    4.  An enforcement action otherwise prohibited
  1 28 under subsection 1 or 2, may be commenced at any time
  1 29 after sixty days following the date the payment was
  1 30 due or the act or omission was required to be
  1 31 performed.
  1 32    5.  This section does not affect transactions upon
  1 33 which a default occurred before any disruption of
  1 34 financial or data transfer operations attributable to
  1 35 a year 2000 problem.
  1 36    6.  This section does not eliminate, but only
  1 37 suspends, the ability to enforce obligations to which
  1 38 this section applies.
  1 39    7.  A person shall not report to a credit reporting
  1 40 agency operating in this state negative credit
  1 41 information resulting from a failure of payment or
  1 42 performance due to a year 2000 problem."
  1 43    #2.  Title page, line 1, by striking the words
  1 44 "financial institutions" and inserting the following:
  1 45 "certain persons".
  1 46    #3.  By renumbering as necessary.  
  1 47 
  1 48 
  1 49                               
  1 50 MICHAEL E. GRONSTAL
  2  1 SF 405.702 78
  2  2 mj/sc
     

Text: S03186                            Text: S03188
Text: S03100 - S03199                   Text: S Index
Bills and Amendments: General Index     Bill History: General Index

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