85              
HOUSE OF REPRESENTATIVES             H.R. NO.              
TWENTIETH LEGISLATURE, 1999                                
STATE OF HAWAII                                            
                                                             
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                     HOUSE  RESOLUTION

RELATING TO PROTECTING INDIVIDUALS AND BUSINESSES FROM ADVERSE
   CONSEQUENCES OF THE YEAR 2000 COMPUTER BUG 


 1       WHEREAS, our society is heavily dependent upon computers,
 2   networks, technology, the rapid transfer of information and
 3   date by electronic means, and relies greatly upon computer
 4   technology for most every aspect of daily living and business;
 5   and
 6   
 7       WHEREAS, thousands and possibly millions of information
 8   technology computer systems, software programs, semiconductors,
 9   and embedded chips, because of a design feature, may not
10   recognize certain dates in the year 1999 and after December 31,
11   1999, may misinterpret the year 2000 as the year 1900; or may
12   fail to process those dates; and
13   
14       WHEREAS, many computer systems may erroneously compute,
15   cause incorrect or incomplete information to be processed, or
16   simply not run after December 31, 1999; and
17   
18       WHEREAS, these problems and resulting failures could
19   incapacitate systems that are essential to the functioning of
20   markets, commerce, utilities, financial institutions, and
21   consumer products in Hawaii, the United States, and throughout
22   the world in the year 2000 and beyond; and
23   
24       WHEREAS, the failure of such systems may cause individuals
25   and businesses to be unable to make timely payments or complete
26   financial transactions, the consequences of which could include
27   foreclosures, repossessions, evictions, adverse credit reports;
28   and
29   
30       WHEREAS, such harsh repercussions could irreparably harm
31   individuals, businesses, and the economy of Hawaii; now,
32   therefore,
33   

 
 
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                                  H.R. NO.              
                                                        
                                                        

 
 1       BE IT RESOLVED by the House of Representatives of the
 2   Twentieth Legislature of the State of Hawaii, Regular Session
 3   of 1999, that all persons or businesses that transact business
 4   in this state are encouraged to not foreclose, call into
 5   default, or otherwise take action against a person who fails to
 6   accurately or timely process information, data, payment or
 7   transfer if the failure is due in whole or in part to the
 8   failure or malfunction of a computer processor to recognize
 9   dates or times because of the Year 2000 date change; and
10   
11       BE IT FURTHER RESOLVED that all persons and businesses are
12   encouraged to not take adverse action against anyone who fails
13   to make timely payments or complete a financial transaction if
14   the failure is due in whole or in part to the inability of
15   either party to make payments, transfer funds, or otherwise
16   complete or record the transaction because of the Year 2000
17   date change; and
18   
19       BE IT FURTHER RESOLVED that a person or business should not
20   take collection or enforcement action before the debtor's
21   ability to regularly receive and dispense funds has been fully
22   restored; and
23   
24       BE IT FURTHER RESOLVED that adverse or negative credit
25   reports and information should not be submitted to a credit
26   reporting agency, or entered into credit records by a credit
27   reporting agency, if the negative or adverse information
28   resulted in whole or in part from any disruption or malfunction
29   of computers due to the Year 2000 date change; and
30   
31       BE IT FURTHER RESOLVED that the voluntary suspension of
32   collection or enforcement action urged herein applies to any
33   and all debts and obligations, including, but not limited to,
34   mortgages, contracts, residential and commercial property
35   leases, credit cards, lines of credit, sales of property, and
36   utility bills; and
37   
38       BE IT FURTHER RESOLVED that collection or enforcement
39   action should resume only after the debtor has had a reasonable
40   amount of time after the full restoration of the ability to
41   routinely receive and dispense funds relative to their
42   obligation; and
43   

 
 
 
 
Page 3                                   85                
                                  H.R. NO.              
                                                        
                                                        

 
 1       BE IT FURTHER RESOLVED that this resolution does not apply
 2   to debts or obligations where the default arose prior to any
 3   disruption of financial or data transfer operations related to
 4   the Year 2000 date change, and where the debtor's ability to
 5   pay had not been compromised by the Year 2000 date change; and
 6   
 7       BE IT FURTHER RESOLVED that this resolution urges only
 8   temporary suspension of collection or enforcement efforts in
 9   the early months of the year 2000, and does not suggest the
10   waiver or termination of the underlying debt; and
11   
12       BE IT FURTHER RESOLVED that certified copies of this
13   Resolution be transmitted to the Public Utilities Commission
14   and the Chamber of Commerce of Hawaii.
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18                         OFFERED BY:  ____________________________
19