Text: S03188                            Text: S03190
Text: S03100 - S03199                   Text: S Index
Bills and Amendments: General Index     Bill History: General Index



Senate Amendment 3189

Amendment Text

PAG LIN
  1  1    Amend the amendment, S-3179, to Senate File 405 as
  1  2 follows:
  1  3    #1.  Page 4, by inserting after line 3 the
  1  4 following:
  1  5    "Sec.    .  NEW SECTION.  527A.2  LIMITATION ON
  1  6 ACTIONS AGAINST PERSONS FOR ELECTRONIC FAILURE
  1  7 ASSOCIATED WITH A YEAR 2000 PROBLEM.
  1  8    1.  A person who transacts business in this state
  1  9 on matters directly or indirectly affecting real or
  1 10 personal property, whether tangible or intangible,
  1 11 mortgages, credit accounts, banking and financial
  1 12 transactions, or property interests in this state
  1 13 shall not initiate or cause to be initiated a
  1 14 foreclosure proceeding, default, or other adverse
  1 15 action against another person due to a failure of
  1 16 payment or performance caused by a year 2000 problem.
  1 17    2.  A person shall not initiate or cause to be
  1 18 initiated an adverse enforcement action, whether based
  1 19 on contract or otherwise, against another person who
  1 20 is unable to cause payment, or to act or forbear, or
  1 21 to cause other financial transactions to occur in a
  1 22 timely manner due to a year 2000 problem.
  1 23    3.  The prohibitions in subsections 1 and 2 apply
  1 24 to transactions relating to and including, but not
  1 25 limited to, mortgages, contracts, landlord and tenant
  1 26 relations, consumer credit obligations, utilities, and
  1 27 banking.
  1 28    4.  An enforcement action otherwise prohibited
  1 29 under subsection 1 or 2, may be commenced at any time
  1 30 after sixty days following the date the payment was
  1 31 due or the act or omission was required to be
  1 32 performed.
  1 33    5.  This section does not affect transactions upon
  1 34 which a default occurred before any disruption of
  1 35 financial or data transfer operations attributable to
  1 36 a year 2000 problem.
  1 37    6.  This section does not eliminate, but only
  1 38 suspends, the ability to enforce obligations to which
  1 39 this section applies.
  1 40    7.  A person shall not report to a credit reporting
  1 41 agency operating in this state negative credit
  1 42 information resulting from a failure of payment or
  1 43 performance due to a year 2000 problem."
  1 44    #2.  By renumbering as necessary.  
  1 45 
  1 46 
  1 47                               
  1 48 MICHAEL E. GRONSTAL
  1 49 SF 405.1
  1 50 mj/cc/26
     

Text: S03188                            Text: S03190
Text: S03100 - S03199                   Text: S Index
Bills and Amendments: General Index     Bill History: General Index

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