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91_HB0487
LRB9102441WHdv
1 AN ACT concerning electronic computing devices and the
2 year 2000 date change.
3 Be it enacted by the People of the State of Illinois,
4 represented in the General Assembly:
5 Section 1. Short title. This Act may be cited as the
6 Year 2000 Citizens' Protection Act.
7 Section 5. Legislative declaration.
8 (1) The General Assembly finds that society is heavily
9 reliant upon computers, technology, and the rapid electronic
10 transfer and exchange of accurate information and data. The
11 General Assembly further finds that society relies heavily
12 upon computer technology for most aspects of daily living and
13 business, including but not limited to financial
14 transactions. The General Assembly further finds that the
15 rapid growth of technology has often outpaced the
16 capabilities of the electronic equipment, software, and
17 hardware that our society uses for the exchange and transfer
18 of data and other information. The General Assembly finds
19 that recently developed computer technology is the
20 operational basis for much of our current hardware and
21 software, and yet it may not recognize the year 2000 date
22 change. The General Assembly finds that the result may be
23 that in the year 2000, many computer-based systems may fail
24 or cause incorrect data or other information to be processed.
25 This potentially world-wide deficiency in computers is often
26 referred to as the "Y2K bug" and may cause significant
27 problems in the transfer and exchange of data and information
28 in the year 2000 and beyond.
29 (2) Accordingly, the General Assembly determines that,
30 to protect the citizens of the State of Illinois, it is
31 appropriate to limit their liability against adverse
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1 financial ramifications resulting from electronic computing
2 device failures associated with the year 2000 date change.
3 Section 10. Definition. As used in this Act, unless the
4 context otherwise requires, "electronic computing device"
5 means any computer hardware or software, computer chip,
6 embedded chip, process control equipment, or other
7 information system that:
8 (a) is used to capture, store, manipulate, or process
9 data; or
10 (b) controls, monitors, or assists in the operation of
11 physical apparatus that is not primarily used as a computer
12 but that relies on automation or digital technology to
13 function, including but not limited to vehicles, vessels,
14 buildings, structures, facilities, elevators, medical
15 equipment, traffic signals, and factory machinery.
16 Section 15. Limitation on actions against citizens for
17 electronic failures associated with the year 2000.
18 (1) No person or entity of this State nor any person who
19 transacts business with the citizens of this State on matters
20 directly or indirectly affecting real or personal property,
21 whether tangible or intangible, mortgages, credit accounts,
22 banking and financial transactions, or property interests in
23 this State may initiate or cause to be initiated any
24 foreclosure proceeding, default, or other adverse action
25 against any person due to the improper or incorrect
26 transmission of data or other information or resulting from
27 the inability of a financial transaction to occur, as a
28 result, in whole or in part, of a failure of an electronic
29 computing device to accurately compute, recognize, or timely
30 process the year 2000 date change.
31 (2) No person or entity may initiate or cause to be
32 initiated any adverse or enforcement action, whether based on
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1 contract or otherwise, against any person or entity who fails
2 to or who is unable to cause payment, acts, forbearance, or
3 other financial transactions to occur in a timely manner due
4 to the inability of either party to have such necessary data,
5 information, payments, fund transfer, checking, or other such
6 financial transaction occur as a result, in whole or in part,
7 of the failure of an electronic computing device to compute,
8 recognize, or timely process the year 2000 date change.
9 (3) The prohibitions set forth in subsections (1) and
10 (2) of this Section apply but are not limited to the
11 following types of transactions: mortgages, contracts,
12 landlord and tenant relations, consumer credit obligations,
13 utilities, and banking transactions.
14 (4) No enforcement action otherwise prohibited by
15 subsections (1) and (2) of this Section may resume until the
16 obligor has had a reasonable period of time after the full
17 restoration of his or her ability to regularly transact
18 financial business relative to his or her obligations.
19 (5) This Section does not affect transactions upon which
20 a default occurred before any disruption of financial or data
21 transfer operations attributable to the year 2000 date
22 change.
23 (6) This Section does not dissolve but only suspends the
24 enforcement of obligations to which it applies.
25 (7) A credit reporting agency operating in this State
26 may not report any negative credit information resulting, in
27 whole or in part, from the failure of an electronic computing
28 device to process financial information and other information
29 or the inability of the consumer to transact financial
30 business and make payments due to the failure of an
31 electronic computing device to compute, recognize, or timely
32 process the year 2000 date change.
33 Section 90. Application. If there is a conflict between
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1 this Act and any other law of this State, this Act shall
2 control.
3 Section 95. Repeal. This Act is repealed on January 1,
4 2007.
5 Section 99. Effective date. This Act takes effect upon
6 becoming law.