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Information Technology Commission

MINUTES OF THE
INFORMATION TECHNOLOGY COMMISSION
August 20, 1998 - 1:30 p.m. - Room 403 - State Capitol

Members Present:
    Sen. David H. Steele, Chair
    Rep. Blake D. Chard, Chair
    Sen. Scott N. Howell
    Sen. Robert Montgomery
    Rep. Martin Stephens
    Mr. Gerald R. Capps
    Mr. Ronald L. Fox
    Mr. Peter R. Genereaux
    Ms. Nancy Gibbs
    Mr. Robert W. Hood
    Ms. Eileen B. Longsworth
    Commissioner Stephen F. Mecham
    Mr. Leon Miller
    Mr. David A. Packer
    Dr. Mike Petersen
    Mr. Jerry P. Peterson
    Judge Michael Wilkins

Members Absent:
    Rep. Brent H. Goodfellow

Members Excused:
    Mr. Cliff L. Ames
    Mr. Garth Howard
    Mr. David C. Moon

Staff Present:
    Mr. Richard North,
        Research Analyst
    Ms. Tani Pack Downing,
        Associate General Counsel
    Ms. Junie Anderson,
        Legislative 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 Chard called the meeting to order at 1:36 p.m.

    MOTION: Mr. Genereaux moved to approve the minutes of the July 16, 1998 meeting as amended, showing that Mr. Fox and Mr. Mecham were excused. The motion passed unanimously, with Rep. Stephens, Mr. Hood, and Ms. Longsworth absent for the vote.

    Chair Chard welcomed Judge Wilkins and Sen. Montgomery as new members of the Commission.

    Chair Steele introduced an international delegation group interested in connectivity along the electronic highway.
                                
2.    How Are The Public Service Commission Regulated Power and Telecommunication Entities Preparing For The Year 2000 Issue? - Mr. Dave Fletcher, Y2K Coordinator, Utah, reported that last month 48 states met with the federal government and indicated that, on average, 41 percent of their applications are Y2K compliant. He indicated that municipal utilities are still a problem. He explained that the federal government has developed a structure for leadership and has divided the economy into 18 key sectors and assessed their vulnerability. He said states have

been asked to perform a similar role with local governments. He noted that the Department of Energy was assigned power and energy issues, the FCC was assigned telecommunication issues, and the EPA was assigned water and air issues. He distributed a copy of his presentation titled "Presentation to the Information Technology Commission."

    Mr. Fletcher commented that clean water is essential to our survival and that noncompliant valve switches and monitor failures from embedded systems pose a serious threat to the water system. He also stated that the Security and Exchanges Commission (SEC) has informed state and local governments that they could face fraud charges if they fail to notify those who buy their bonds that they have not corrected Y2K problems. He stressed that water utilities issuing bonds should obtain a copy of the SEC rules and comply with the reporting requirements.

    Mr. Fletcher also spoke about the production, supply, and distribution of gasoline and diesel fuels. He said that this sector is very vulnerable. He noted that the state has planned for potential fuel shortages in early 2000, and will fill up state fuel tanks at the end of 1999.

    Mr. Hood recommended that the Information Technology Commission identify the safety department responsible for fuel production and make sure it is aware of what is being done.

    Mr. Steve Mecham, Public Service Commission (PSC), said the PSC sent out a memorandum to all certificated providers in the state asking them to furnish information about their plans for the Year 2000. He said small water companies are concerned about the electric industry failing because water could not be pumped uphill.

    Mr. Mecham informed the Commission that another memo was sent out to all providers asking more specific questions and requesting that their plans be made known to the PSC.

    Mr. Grant Whitesides, Questar Y2K Program Coordinator, gave a slide presentation titled "The Year 2000 Approach at Questar Corporation," and distributed a copy to Commission members that explained the efforts taken by Questar.         

    Mr. Richard Walje, PacifiCorp, distributed a copy of his presentation titled "PacifiCorp - Year 2000 Project," and reported on his company's Y2K plan as detailed in his presentation. He gave an update on his company's computer systems and embedded chip systems. He expressed concern for telecommunications and indicated that the area requiring the most work for his company is in the generation of power which requires 1500 devices to be changed.

    Mr. Walje noted that the law practices being set up for Y2K litigation are causing concerns for the companies that are trying to assist his company. He said Congress is working on some good samaritan-type laws to help in that area.

    Ms. Downing distributed articles from The National Law Journal titled "SEC Wants More Details On Year 2000" and "SEC Is Mandating More Year-2000 Disclosures."

3.    Are Any Utah Code Changes Necessary To Provide Governmental Agencies With Year 2000 Immunity? - Mr. Alan Edwards, State Risk Manager - Utah, discussed possible Year 2000 problems such as traffic control, DOPL, insurance, reliance on computer-generated security system, privacy issues, locking prison doors, and communications with public safety that may bring forth liability. A handout titled "Year 2000 Draft Legislation" was distributed and Mr. Edwards stated that the language was written to protect the public treasury.

    Mr. Fox suggested adding "communications devices controlled by a chip" to the list of examples.

    Mr. Bruce Garner, Assistant Attorney General - Utah, said the draft, specifically addressing the Year 2000 problem, takes an approach that is more in the middle, between immunity for anything and a very limited immunity.
    
    Ms. Longsworth distributed an article titled "Facing Your Year 2000 Liability."

     MOTION: Sen. Montgomery moved that staff draft legislation, based on the preliminary information, to present to the Commission at the September meeting. The motion passed unanimously.
                                
    Sen. Howell suggested the draft be reviewed by the chairs of the State and Local Committee and the Public Utilities and Technology Committee before the final draft is completed.

4.     Privacy Issue:

    * Who Owns A Medical Record: The Patient, Physician, or Third Party Payer? - Ms. Downing, distributed a memorandum titled "Ownership of Patients' Medical Records," and provided background information and research on the subject. She also discussed certain case law pertaining to the issue.

    Mr. Hood was concerned about legal guardians having the rights to children's records and the misinformation provided to parents and legal guardians. Mr. Val Bateman, Utah Medical Association, gave information from the administrative rules regarding the issue and distributed an article from the Deseret News titled "Patients' rights." He assured the Commission that patients have access to their medical records. Mr. Bateman urged anyone having trouble getting their records to call his office and ask for him or Paula Hawker.

5.    Commission Business - Chair Chard announced that Mr. Fox, Mr. Genereaux, and Ms. Gibbs were reappointed to serve on the Information Technology Commission, and Mr. Garth Howard has been appointed as a new member. Their terms will run through June 30, 2002.

    Mr. Genereaux distributed a schedule and agenda titled "Utah IT Summit - Inside Information," and encouraged members to attend the summit.

6.    Adjournment -

    MOTION: Sen. Montgomery moved to adjourn the meeting at 3:57 p.m. The motion passed unanimously.

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