H. B. 2816
(By Delegate L. Smith)
[Introduced February 17, 1999; referred to the
Committee on the Judiciary.]
A BILL to amend chapter thirty-one-a of the code of West
Virginia, one thousand nine hundred thirty-one, as amended,
by adding thereto a new article, designated article nine,
relating to setting forth legislative findings, defining
terms; and providing for limitations on actions against
citizens for electronic failures associated with the year
two thousand.
Be it enacted by the Legislature of West Virginia:
That chapter thirty-one-a of the code of West Virginia, one
thousand nine hundred thirty-one, as amended, be amended by
adding thereto a new article, designated article nine, to read as
follows:
ARTICLE 9. YEAR TWO THOUSAND CITIZENS FINANCIAL PROTECTION ACT.
§31A-9-1. Short title.
This article shall be known and may be cited as the "Year Two Thousand Citizens' Financial Protection Act."
§31A-9-2. Legislative findings.
(a) The Legislature hereby finds that our society is heavily
reliant upon computers, technology and the rapid electronic
transfer and exchange of accurate information and data. The
Legislature further finds that society relies heavily upon
computer technology for most aspects of daily living and
business, including, but not limited to financial transactions.
The Legislature further finds that the rapid growth of technology
has often out paced the capabilities of the electronic equipment,
software and hardware that our society utilizes for the exchange
and transfer of data and other information. The Legislature
finds that recently developed computer technology is the
operational basis for much of our current hardware and software
and yet it may not properly recognize the year two thousand date
change. The Legislature finds that the result may be that in the
year two thousand, computer-based systems may fail or cause
incorrect data or other information to be processed. This
potentially world-wide deficiency in computers, often referred to
as the "Y2K bug," may cause significant problems in the transfer
and exchange of data and information in the year two thousand and
beyond.
(b) Accordingly, the Legislature hereby determines that in
order to protect the citizens of the state of West Virginia, it is appropriate to limit their liability against adverse financial
ramifications resulting from electronic computing device failures
associated with the year two thousand date change.
§31A-9-3. Definitions.
For purposes of this article, unless the context otherwise
requires:
(1) "Electronic computing device" means any computer
hardware or software, computer chip, embedded chip, process
control equipment or other information system that:
(a) Is used to capture, store, manipulate or process data;
or
(b) 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.
(2) "Person" means a natural person for purposes of this
article.
§31A-9-4. Limitation on actions against citizens for electronic
failures associated with the year 2000.
(a) No person or entity of this state nor any person who
transacts business with the citizens of this state on matters
directly or indirectly affecting real or personal property, whether tangible or intangible, mortgages, credit accounts,
banking and financial transactions or property interests in this
state may initiate or cause to be initiated any foreclosure
proceeding, default or other adverse action against any person
due to the improper or incorrect transmission of data or other
information or resulting from the inability of a financial
transaction to occur, as a result, in whole or in part, of a
failure of an electronic computing device to accurately compute,
recognize or timely process the year two thousand date change.
(b) No person or entity may initiate or cause to be
initiated any adverse or enforcement action, whether based on
contract or otherwise, against any person or entity who fails to
or who is unable to cause payment, acts, forbearance or other
financial transactions to occur in a timely manner due to the
inability of either party to have such necessary data,
information, payments, fund transfer, checking or other
financial transaction to occur as a result, in whole or in part,
of the failure of an electronic computing device to compute,
recognize or timely process the year two thousand date change.
(c) The prohibitions set forth in subsections (a) and (b) of
this section apply, but are not limited to, the following types
of transactions: Mortgages, deeds of trust, contracts, landlord
and tenant relations, consumer credit obligations, utilities and
banking transactions.
(d) No enforcement action otherwise prohibited by
subsections (a) and (b) of this section, may resume until the
obligor has had a reasonable period of time after the full
restoration of his or her ability to regularly transact financial
business relative to such obligations.
(e) This section does not affect those transactions upon
which a default has occurred prior to any disruption of financial
or data transfer operations attributable to the year two thousand
date change.
(f) This section does not dissolve but shall only suspend
the enforcement of such obligations.
(g) A credit reporting agency operating in this state may
not report any negative credit information resulting, in whole or
in part, from the failure of an electronic computing device to
process financial information and other information or the
inability of the consumer to transact financial business and make
payments due to the failure of an electronic computing device to
compute, recognize or timely process the year two thousand date
change.
NOTE: The purpose of this bill is to limit the liability of
individuals in this state against adverse financial ramifications resulting from electronic computing device failures associated
with the year two thousand date change.
This article is new; therefore, strike-throughs and
underscoring have been omitted.
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