MINUTES OF THE

PUBLIC UTILITIES AND TECHNOLOGY INTERIM COMMITTEE

Tuesday, January 16, 2002 - 9:00 a.m. - Room 129 State Capitol



Members Present:

Sen. Leonard M. Blackham, Senate Chair

Sen. Mike Dmitrich

Sen. Scott K. Jenkins

Rep. Douglas C. Aagard

Rep. Sheryl L. Allen

Rep. Ralph Becker

Rep. Chad E. Bennion

Rep. Brent H. Goodfellow

Rep. Ty McCartney

Rep. Gordon E. Snow

Rep. Michael R. Styler

Rep. Stephen Urquhart

Members Absent:

Rep. John E. Swallow, House Chair

Sen. John L. Valentine

Rep. Eric Hutchings

Rep. Kevin S. Garn

Speaker Marty Stephens

Rep David Ure



Staff Present:

Mr. Richard North, Research Analyst

Ms. Karen Allred, Senate Secretary

Note: A list of others present and a copy of materials can be found at http://image.le.utah.gov.imaging/history.asp or contact the Office of Legislative Research and General Counsel.



Chair Blackham called the meeting to order at 9:10 a.m.



MOTION: Representative Bennion moved to approve the minutes of the November 14, 2001 meeting. The motion passed unanimously with Senator Jenkins and Representative McCartney absent for the vote.



2. H.B. 80 Unsolicited Commercial Email (P. Arent)



MOTION: Representative Bennion moved to adopt 1st Sub. H.B. 80.



The motion passed unanimously with Senator Jenkins and Representative McCartney absent for the vote.



Representative Arent presented the bill assisted by Richard North, Research Analyst, and Robert

H. Rees, Associate General Counsel.



Richard Nelson, UITA; Peter Ashdown, XMission Internet Provider; Patricia Worthington, Consumer Protection Advisory Council; David Farnsworth, My Family.com, Inc.; Robert Galloway, IKON Communications; and Francine Giani, CRC Consumer Protection spoke in support of the bill.



MOTION: Representative Allen moved to pass the bill out favorably.



SUBSTITUTE MOTION: Representative Urquhart moved to amend the bill as follows:



Line 87 after: (b) delete "each prevailing recipient or email service provider" and insert: "the prevailing party"



The substitute motion failed with Senator Blackham, Representative Snow, Representative Urquhart and Representative Becker voting in favor and Senator Dmitrich, Senator Jenkins, Representative Aagard, Representative Allen, Representative Goodfellow, Representative McCartney, Representative Styler voting in opposition and Representative Bennion absent for the vote.



Returning to the original motion to pass 1st Sub. H.B. 80 out favorably, the motion passed unanimously, with Representative Bennion absent for the vote.



MOTION: Representative Allen moved to adjourn.



The motion passed unanimously at 10:00 a.m.