Proposed Citizens Y2K Financial Protection Act

The Cassandra Project has recently put forward at the state level
‘Citizens Y2K Financial Protection Act’; a bill that would limit or
place a moratorium on foreclosures, repossessions, evictions,
utility shutoffs, etc., over the century-date-change time
period.

In draft is also ‘Citizens Y2K Healthcare Assurance Act,’ which
would guarantee medical care in the event Medicaid/Medicare or
private medical insurance programs experience financial or records
problems.

The ‘Citizens Y2K Individual and Community Support Act’ (in
draft), would require cities or towns to provide a clearinghouse
for Y2K preparedness activities and information, and allow
individuals to deduct a portion of preparing their homes (e.g.,
purchase of generators if you have a medical need for one); and
deduct the costs of attending Y2K preparedness education seminars,
first aid and CPR classes, etc. It would also allow neighborhood
groups to deduct the cost of printing, advertising and sponsoring
local Y2K preparedness education seminars.

PREAMBLE

WHEREAS, Our society is heavily reliant upon computers, technology
and the rapid transfer and exchange of accurate information and
data via electronic means, and relies heavily upon computer
technology for most all aspects of daily living and business,
and

WHEREAS, It is recognized and understood universally that the
rapid growth of technology has often outpaced the equipment,
software and hardware that our society utilizes for the exchange
and transfer of data and other information, and,

WHEREAS, It is apparent in our society that computer technology
which was principally utilized a few years ago and is a major
operational basis for much of our current hardware and software,
contains an operational basis that may not recognize the change in
our calendars beyond the year 1999, such that in the year 2000,
many computer-based systems may fail or cause incorrect data
information to be processed. This deficiency in computers world
wide is often referred to as the Y2K Bug and may cause significant
problems with the exchange of data and information in the year 2000
and beyond.

THEREFORE, In order to exercise the duty of this lawmaking body to
protect its citizenry, this law is hereby enacted as part of this
body’s duty to the citizens of this State and shall be known as
the

CITIZENS Y2K FINANCIAL PROTECTION ACT.

IT IS HEREBY ENACTED:

DEFINITIONS
* [as needed]

*
1. No entity or citizen of [this state] or who transacts business
with the citizens of [this state] on matters directly or indirectly
affecting property, mortgages, credit accounts, banking and/or
financial transactions of persons, tangible or intangible property
or property interests in this State shall cause or permit a
foreclosure, default or other adverse action against any person as
a result of the improper or incorrect transmission or inability to
cause transaction to occur, which is caused wholly or in part to a
failure or inability to accurately or timely process any
information or data, payment, transfer or processing of same, due
directly or indirectly to the failure or malfunction of any
computer processor to accurately or properly recognize, calculate,
display, sort or otherwise process dates or times or other data as
a consequence of such system to incorrectly process the proper date
which may result in inaccurate, incorrect operations or
applications, or inability to operate.

2. Further, no such person or entity may take any adverse or
enforcement action whether based on contract or otherwise against
any person or entity who is unable to cause payment, acts,
forbearance, or other transaction in a timely manner, to occur
where such failure or inability of such

obligor to access or receive funds or to otherwise cause a proper
transaction to occur, is due wholly or in party to the inability of
either party to have such necessary data, information, payments,
fund transfer, checking or other such financial transaction to
occur, where it is due to the obligor’s inability to properly
account or the obligee’s inability to access or cause their source
of such transaction to occur properly.

3. The prohibition of such enforcement of obligations, shall apply
particularly, but not exclusively to, mortgages, contracts,
landlord tenant relations, consumer credit obligations, utilities
and banking transactions.

4. No enforcement shall resume until said obligor has a reasonable
time after the full restoration of the ability to regularly receive
and dispense necessary financial transactions relative to such
obligations.

5. This law shall not affect those transactions upon which such
default has occurred prior to any such disruption of financial or
data transfer operations upon either party, from whatever source or
case such disruption has occurred.

6. This law shall not dissolve but shall only suspend the
enforcement of such obligations.

7. This law shall prohibit the negative entry to any credit
reporting agency, which operates in [this state], in whole or in
part, of any negative credit information which is due in whole or
in part to the disruption of the otherwise proper processing of
financial responsibilities and information, or the inability of the
consumer to cause payments to be made to creditors where such
inability is due in whole or in part to the disruption or otherwise
malfunctioning of computer processing, banking or other related
matters.

8. This law shall remain in effect until December 31, 2006 or such
other extensions as approved by this legislative body.

9. All other laws to the contrary, notwithstanding where in the
Code of Laws they shall appear, are hereby amended to comply with
this law.

By: David C. Cole, ESQ
Atlanta, GA

For:
The Cassandra Project
PO Box 8
Louisville, CO 80027
(303) 664-5227
Permission granted to reproduce.

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