2007 Legislation
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HOUSE BILL NO. 186 – Computer info agreements

HOUSE BILL NO. 186

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Bill Status



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

Bill Text


                                                                        
                                                                        
  ]]]]              LEGISLATURE OF THE STATE OF IDAHO             ]]]]
 Fifty-ninth Legislature                   First Regular Session - 2007
                                                                        
                                                                        
                              IN 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 / Fiscal Impact



                       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