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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 - 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
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