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Information Technology Commission

MINUTES OF THE
INFORMATION TECHNOLOGY COMMISSION
November 17, 1997 - 1:00 p.m. - Room 403, State Capitol

Members Present:
    Sen. David H. Steele, Chair
    Rep. Blake D. Chard, Chair
    Sen. Scott N. Howell
    Rep. Brent H. Goodfellow
    Rep. Martin Stephens
    Mr. Peter R. Genereaux
    Ms. Nancy Gibbs
    Mr. Robert W. Hood
    Ms. Eileen B. Longsworth
    Commissioner Stephen F. Mecham
    Mr. Leon Miller
    Dr. Mike Petersen
    Mr. Gordon A. Peterson

Members Absent:
    Sen. Craig L. Taylor
    Judge Norman H. Jackson
    Mr. Jerry P. Peterson

Members Excused:
    Mr. Cliff L. Ames

    Mr. Gerald R. Capps
    Mr. Randall G. Harmsen
    Mr. David A. Packer

Staff Present:
    Mr. Richard North,
        Executive Director
    Ms. Tani Pack Downing,
        Associate General Counsel
    Ms. Junie Anderson,
        Committee Secretary

Note:    A list of others present and a copy of materials distributed in the meeting are on file in the Office of Legislative Research and General Counsel.


1.    Call to Order - Chair Steele called the meeting to order at 1:20 p.m.
    
     MOTION: Mr. Genereaux moved to approve the November 13, 1997 minutes as amended. The motion passed unanimously with Sen. Howell, Ms. Gibbs, and Mr. Hood absent for the vote.

2.      Draft Legislation Or Issue Review _

Quick Court Amendments

    Rep. Sheryl Allen, spoke on behalf of the Quick Court Policy Board, and briefed the Commission on draft legislation, "Quick Court Amendments." She explained the proposed language would make technical changes to the Quick Court statute and allow electronic filings in the future in certain cases.

     MOTION: Rep. Stephens moved to approve draft legislation, "Quick Court Amendments," as a Commission bill. The motion passed unanimously with Sen. Howell, Ms. Gibbs, and Mr. Hood absent for the vote.

Patient's Right to Own Medical Records
                                                
    Ms. Tani Pack Downing, Associate General Counsel, Office of Legislative Research and General Counsel, briefed the Commission on this legislation which would allow a patient access to his own medical records without the use of an attorney.

    John Nielson, Intermountain Health Care, said the issue of medical records privacy and confidentiality would be on the federal congressional health care agenda this year and recommended the Commission delay approval of the bill until the outcome of federal legislation is known.

    Mr. Hood distributed a handout of statute 78-25-25 "Patient's records -- Inspection and copying by attorneys," which included a change in language he wanted considered.

    Val Bateman, Utah Medical Association , distributed an article printed in the Utah Medical Association's bulletin titled, "Medical Records and Patient Rights - A Reminder." He also suggested delaying the bill until the outcome of federal legislation is known.

    Paula Hawker, Registered Nurse, Utah Medical Association, explained the process of releasing a patient's medical records.

     MOTION: Rep. Stephens moved to proceed with the next item on the agenda. The motion passed unanimously.

Privacy Task Force

    Mr. Downing distributed a handout titled, "Proposed Amendments." The handout outlined amendments to draft legislation, "Privacy Task Force," as recommended by Eileen Longsworth and David Bird, Parsons Behle & Latimer . Ms. Longsworth explained her recommended changes and Shelly Cordon Teuscher , Parsons Behle & Latimer, explained Mr. Bird's recommended changes.

     MOTION: Ms. Longsworth moved to approve amendments to draft legislation, "Privacy Task Force," page 1, delete lines 24 and 25 and amend lines 26 and 27 to read: (g) one representative from commercial or private business involved in the collection and use of personal information of individuals, whether that information comes from public records and/or other sources. The motion passed with Mr. Hood voting in opposition.

    Chair Chard offered to sponsor "Privacy Task Force" draft bill in the General Session. Rep. Stephens expressed concern about the duties of the task force.

     MOTION: Ms. Longsworth moved to approve amendments to "Privacy Task Force," as written in the handout, "Proposed Amendments" #3 and #4. The motion passed unanimously.

    Rep. Stephens suggested adding language pertaining to negligent dissemination of inaccurate medical information.

    Ms. Teuscher suggested there be identification of the protection already in place and to take into account the balance between the impact on electronic commerce, consumer choice, and citizen protection.

     MOTION: Sen. Howell moved to amend page 3, line 1: after (f) insert "identifying existing state and federal statutes and self-regulatory practices to ensure consumer protection, individual rights, and fair practices;" and page 3, line 2: after (g) insert "considering the impacts on electronic commerce, consumer choice, and citizen protection." The motion passed unanimously.

     MOTION: Ms Longsworth moved on page 2, line 26 to delete "government entities and." The motion passed unanimously.

     MOTION: Ms. Longsworth began to make a motion, however, Chair Steele requested the issue be held.

     MOTION: Mr. Hood moved calling for the question to stop debate. Motion passed with Rep. Goodfellow voting in opposition.

     MOTION: Rep. Chard moved to adopt in concept draft legislation, "Privacy Task Force." The motion passed with Sen. Steele, Sen. Howell, Rep. Chard, Rep. Goodfellow, Rep. Stephens, Mr. Genereaux, Ms. Longsworth, Mr. Miller, Dr. Petersen voting in favor of the motion. Ms. Gibbs, Mr. Hood, Mr. Mecham, and Mr. G. Peterson voted in opposition to the motion.                             

     MOTION: Ms. Longsworth moved that staff renumber and make technical changes to the number of members and quorum requirement as a result of changes made to membership by the Commission. The motion passed unanimously.

Resolution Encouraging The Development Of Electronic Voting

    Sen. Howell discussed the resolution and how it would help voters. Ms. Longsworth was concerned about the language on lines 18 and 19 concerning the cost of voting being reduced by using computers located in libraries and school. She said there are not enough resources available for that possibility.

     MOTION: Rep. Chard moved on page 1, line 29: delete "July 31" and insert "September 30". The motion passed unanimously with Rep. Stephens absent for the vote.

     MOTION: Rep. Chard moved that page 1, line 31, be amended to read: "BE IT FURTHER RESOLVED that copies of this resolution be sent by electronic means as well as paper to the Lt. Governor, the League of Cities and Towns, the Utah Association of Counties, the League of Women Voters, and Utah's congressional delegation. The motion passed unanimously with Rep. Stephens absent for the vote.

     MOTION: Sen. Howell moved to approve draft resolution, "Resolution Encouraging The Development Of Electronic Voting, " as a Commission bill. The motion passed unanimously with Rep. Stephens absent for the vote.

    Gordon Peterson informed the Commission the federal government is considering using U.S. military personnel stationed in Utah as a pilot program for electronic voting. He also said a smart card would be used for the process.

3.    Taxation of Information Technology: Pipeline or Applications? _ Barry Conover, Utah State Tax Commission, said the Utah State Tax Commission does not recommend taxation for any telecommunication services at this time because it is considering national issues such as uniformity.

     MOTION: Mr. Genereaux moved to send a letter to members of the Utah State Legislature recommending no additional tax issues pertaining to telecommunications services be considered until national issues on the subject have been settled. The motion passed unanimously with Rep. Stephens and Dr. Petersen absent for the vote.

4.    Committee Business _ Chair Steele informed the Commission that some membership seats will expire on the Commission on June 30, 1998. He recommended that staff post information technology-related bills on the Commission's home page. He expressed thanks to the Commission and staff.

     MOTION: Mr. G. Peterson moved that staff draft a letter expressing the need for better communication, access, and commerce through electronic services to the citizens and the letter should be sent to state agencies requesting them to identify barriers within statute and rules that inhibit their ability to attain these goals. Copies of the letter should also be sent to members of the Legislature and the governor. The motion passed unanimously with Rep. Stephens and Dr. Petersen absent for the vote.

    Mr. Hood distributed a handout titled, "Proposed Utah Statute."

    Mr. North distributed a copy of "Capitol to Capitol" indicating a message on "Internet Tax Bill -- Alive and Stalled."

    MOTION: Mr. Genereaux moved to adjourn the meeting at 4:44 p.m. The motion passed unanimously with Rep. Stephens and Dr. Petersen absent for the vote.

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