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H0186......................................................by STATE AFFAIRS COMPUTER INFORMATION - Adds to existing law relating to computer information agreements to provide that a choice of law provision that would result in the application of the Uniform Computer Information Transactions Act is voidable; to permit objection to the application of the Uniform Computer Information Transactions Act; to provide that the section may not be varied or invalidated by agreement of the parties; and to define terms. 02/13 House intro - 1st rdg - to printing 02/14 Rpt prt - to St Aff 02/16 Rpt out - rec d/p - to 2nd rdg 02/19 2nd rdg - to 3rd rdg 02/22 3rd rdg - PASSED - 68-1-1 AYES -- Anderson, Andrus, Barrett, Bayer, Bedke, Bell, Bilbao, Black, Block, Bock, Boe, Bolz, Brackett, Bradford, Chadderdon, Chavez, Chew, Clark, Collins, Crane, Edmunson, Eskridge, Hagedorn, Hart, Harwood, Henbest, Henderson, Jaquet, Killen, King, Labrador, Lake, LeFavour, Loertscher, Luker, Marriott, Mathews, McGeachin, Mortimer, Moyle, Nielsen, Nonini, Pasley-Stuart, Patrick, Pence, Raybould, Ring, Ringo, Roberts, Ruchti, Rusche, Sayler, Schaefer, Shepherd(2), Shepherd(8), Shirley, Shively, Smith(30), Smith(24), Snodgrass, Stevenson, Thayn, Trail, Vander Woude, Wills, Wood(27), Wood(35), Mr. Speaker NAYS -- Durst Absent and excused -- Kren Floor Sponsor - Snodgrass Title apvd - to Senate 02/23 Senate intro - 1st rdg - to St Aff 03/21 Rpt out - rec d/p - to 2nd rdg 03/22 2nd rdg - to 3rd rdg Rls susp - PASSED - 35-0-0 AYES -- Andreason, Bair, Bastian, Bilyeu, Broadsword, Burkett, Cameron, Coiner, Corder, Darrington, Davis, Fulcher, Gannon, Geddes, Goedde, Hammond, Heinrich, Hill, Jorgenson, Kelly, Keough, Langhorst, Little, Lodge, Malepeai, McGee, McKague, McKenzie, Pearce, Richardson, Schroeder, Siddoway, Stegner, Stennett, Werk NAYS -- None Absent and excused -- None Floor Sponsor - Jorgenson Title apvd - to House 03/23 To enrol - Rpt enrol - Sp signed - Pres signed 03/26 To Governor 03/30 Governor signed Session Law Chapter 286 Effective: 07/01/07
]]]] LEGISLATURE OF THE STATE OF IDAHO ]]]] Fifty-ninth Legislature First Regular Session - 2007IN THE HOUSE OF REPRESENTATIVES HOUSE BILL NO. 186 BY STATE AFFAIRS COMMITTEE 1 AN ACT 2 RELATING TO COMPUTER INFORMATION AGREEMENTS; AMENDING CHAPTER 1, TITLE 29, 3 IDAHO CODE, BY THE ADDITION OF A NEW SECTION 29-116, IDAHO CODE, TO PRO- 4 VIDE THAT A CHOICE OF LAW PROVISION THAT WOULD RESULT IN THE APPLICATION 5 OF THE UNIFORM COMPUTER INFORMATION TRANSACTIONS ACT IS VOIDABLE, TO PER- 6 MIT OBJECTION TO THE APPLICATION OF THE UNIFORM COMPUTER INFORMATION 7 TRANSACTIONS ACT, TO PROVIDE THAT THE SECTION MAY NOT BE VARIED OR INVALI- 8 DATED BY AGREEMENT OF THE PARTIES AND TO DEFINE TERMS. 9 Be It Enacted by the Legislature of the State of Idaho: 10 SECTION 1. That Chapter 1, Title 29, Idaho Code, be, and the same is 11 hereby amended by the addition thereto of a NEW SECTION, to be known and des- 12 ignated as Section 29-116, Idaho Code, and to read as follows: 13 29-116. COMPUTER INFORMATION AGREEMENTS. (1) In an action based on a com- 14 puter information agreement that contains a choice of laws provision that 15 would result in application of the uniform computer information transactions 16 act to such computer information agreement, such choice of laws provision is 17 voidable by the party against whom enforcement is sought, and the agreement 18 will be governed by the laws of the state of Idaho if either party is a resi- 19 dent of this state or has its principal place of business located in this 20 state. 21 (2) In an action based on a computer information agreement that does not 22 contain a choice of laws provision, any party may object to the application of 23 the uniform computer information transactions act to such computer information 24 agreement. If such an objection is made, the agreement will be governed by the 25 laws of the state of Idaho if either party is a resident of this state or has 26 its principal place of business in this state. 27 (3) This section may not be varied or invalidated by the agreement of the 28 parties. 29 (4) As used in this section: 30 (a) "Computer information" means information in electronic form that is 31 obtained from or through the use of a computer or that is in a form capa- 32 ble of being processed by a computer. 33 (b) "Computer information agreement" means a contract or agreement to 34 create, modify, transfer, license or otherwise use computer information or 35 rights in computer information, or to perform or support such creation, 36 modification, transfer, license or use. 37 (c) "Party" means a party to a computer information agreement. 38 (d) "Uniform computer information transactions act" means the uniform 39 computer information transactions act as approved by the national confer- 40 ence of commissioners on uniform state laws and enacted in any jurisdic- 41 tion, or any substantially similar law enacted in any jurisdiction.
STATEMENT OF PURPOSE RS 16984 The proposed legislation would provide for the sovereignty of Idaho law with respect to software and online transactions that involve Idaho businesses and individuals. This would preclude the potential of becoming subject to the laws of other states that could operate to the detriment of Idaho businesses and individuals. FISCAL NOTE There is no fiscal impact to the general fund. Contact Name: Mike Reynoldson Phone: Micron, 208-599-0510 Name: Rep. Snodgrass Rep. Moyle Phone: 208-332-1000 STATEMENT OF PURPOSE/FISCAL NOTE H 186