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Information Technology Commission

MINUTES OF THE
INFORMATION TECHNOLOGY COMMISSION
July 16, 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
    Rep. Brent H. Goodfellow
    Mr. Cliff L. Ames
    Mr. Gerald R. Capps
    Mr. Peter R. Genereaux
    Ms. Nancy Gibbs
    Mr. Robert W. Hood
    Ms. Eileen B. Longsworth
    Mr. Leon Miller
    Mr. David C. Moon
    Mr. David A. Packer


Members Absent:
    Sen. Robert Montgomery
    Rep. Martin Stephens
    Judge Norman H. Jackson

Members Excused:
    Mr. Ronald L. Fox
    Commissioner Stephen F. Mecham
    Dr. Mike Petersen
    Mr. Jerry P. Peterson

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 Steele called the meeting to order at 1:36 p.m.

    MOTION: Mr. Genereaux moved to approve the minutes of the June 15, 1998 meeting. The motion passed unanimously with Ms. Longsworth absent for the vote.

2.     Year 2000 Implementation Plan - A Detailed Look - Several handouts were distributed titled "Merrill Lynch Issues 'Y2K: Implications for Investors' Global Survey Assesses Corporate Readiness for the Year 2000," "Microsoft not Y2K-ready," "Time running out for PCs," and "Computer Use In Utah Tops Rest of Nation."

    Mr. Dave Moon, Chief Information Officer, Utah, reported on the current status of Y2K plans and processes. He indicated that approximately one-half of the local government agencies feel they do not have sufficient budget and resources to deal with Y2K issues. He also reported on rural utility systems throughout the country, based on a national survey. He encouraged support of the Commission to procure appropriations for FY 2000 to enable the handling of emergencies, contingencies, and replacement of embedded systems.

    Mr. David Fletcher, Year 2000 Program Manager, Utah, updated the Commission on the state's Y2K contingency plans.

     MOTION: Mr. Ames moved that the Commission approve the recommendations for contingency planning as presented by Mr. Moon. After committee discussion, Mr. Ames withdrew the motion.

    Mr. Mark Allred, Office of Legislative Research and General Counsel (OLRGC), distributed a memorandum titled "Year 2000 Plan for Legislative Research & General Counsel," and discussed the information accordingly.

    Mr. John Ball, Office of Legislative Fiscal Analyst, distributed a brochure titled "Utah's Year 2000 Challenge," and a document titled "Year 2000 Preparations in the Office of the Legislative Fiscal Analyst." He and Mr. Kirk Broadhead, Systems Administrator, explained the contingency preparation plans for the Office of the Legislative Fiscal Analyst.

    Mr. David Gibson, Legislative Auditors; Mr. Greg Johnson, Senate; and Mr. Darrus McBride, Information Technology Services - House of Representatives; also reported on the progress of their entities' emergency plans.        
                                                
    Mr. Rick Westphal, West Valley City, reported on the Y2K plan for West Valley City. He said the city is following a Y2K model produced by Quantified Management and has set August 1999 as the completion goal. He also indicated that a contingency plan has not been incorporated into the eight-phase plan for the city. Mr. North asked whether representatives from the cities should attend some of the state's contingency planning meetings for ideas.

    Chair Steele requested that staff investigate and report on current statutes regarding the state's liability. He also suggested that staff examine other contingency solutions states are reviewing and implementing to address the Y2K issue.

    Mr. Hood said the stock market has run its first comprehensive test and it went well, however, there was a lack of confidence in the foreign markets. Chair Steele suggested the topic be discussed at a future meeting.

3.    Privacy Issues: Chair Steele briefed the Commission on current privacy issues, including a federal proposed rule that requires the social security number to be on all drivers licenses.

     Theft of Identity - Draft Legislation - Rep. Gene Davis distributed draft legislation titled "Financial Identity Fraud," and discussed the bill. He explained the meaning of "financial

identity fraud" and proposed on page 2, line 3, after "guilty of a" insert "financial identity fraud" and delete "third degree felony."

    Chair Steele suggested that the bill be studied and discussed at a future meeting, taking into consideration Chair Chard's suggestion that the term "financial identity" be broadened to include other issues such as being a third degree felony, restitution, and clearing the victim's financial record of wrongdoing.

     Privacy of Medical Records - Ms. Tani Pack Downing, OLRGC, distributed draft legislation titled "Patient's Right to Own Medical Records" and "Senator Bennett's Draft Medical Privacy Bill," and explained that the bills have currently been assigned to federal committees. She noted that a member of Sen. Bennett's staff said it is improbable that the privacy bill will pass this year, but that it has a fairly good chance of success next year. She discussed Sen. Bennett's draft bill. She also provided a list of states permitting a patient to access, copy, and inspect the patient's own medical records. The list was mailed to Commission members prior to the meeting.

    Ms. Downing discussed the 1999 draft of the "Patient's Right to Own Medical Records" bill and explained the differences between it and last year's bill, titled the same.

    Are Utah Physicians Required by Rule or Statute to Provide a Patient's Medical Records to that Patient Upon Request?


    Mr. Val Bateman, Utah Medical Association (UMA), said UMA's current rules indicate the patient should have access to his records unless his safety is in question, then a physician could provide a summary to a third party.

    Ms. Karen Reimherr, Division of Professional & Occupational Licensing, reported on patients' complaints and resolutions.

5.     Can a Digital Signature be Used to Sign Candidate Election Forms - Mr. Ken Allen, Utah Digital Signature Coordinator, discussed Utah's Digital Signature Act (46-3-401). He assured Chair Steele that the digital signature can be used to sign a candidate election form and was a law developed to allow digital signing of any document for any circumstance in which a regular signature is required.

    Mr. North explained portions of the Utah Code Annotated (UCA) as it refers to the Election Code and financial reporting requirements. He also explained UCA 46-3-401 "Effect of a Digital Signature."

6.    Commission Business - Chair Steele announced that Mr. Harmsen's term on the Commission has expired, and Judge Michael Wilkins will replace Judge Jackson, effective August 1, 1998. He also said that six names have been forwarded to the President of the Senate and Speaker of the House for their consideration in selecting four members to fill vacancies on the Commission as of August 1, 1998.

    The next commission meeting is scheduled for August 20, 1998.

7.    Adjournment
-

    MOTION: Ms. Gibbs moved to adjourn the meeting at 4:20 p.m. The motion passed unanimously with Ms. Longsworth absent for the vote.


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