Download Zipped File WP 6.1 1022ITCM.ZIP 6,959 Bytes

MINUTES OF THE
INFORMATION TECHNOLOGY COMMISSION
Thursday, October 22, 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. Brent H. Goodfellow
    Rep. Martin Stephens
    Mr. Cliff L. Ames
    Mr. Gerald R. Capps
    Mr. Ronald L. Fox
    Ms. Nancy CW Gibbs
    Mr. Robert W. Hood
    Mr. Garth Howard
    Ms. Eileen B. Longsworth
    Commissioner Stephen F. Mecham
    Mr. Leon Miller
    Mr. David C. Moon
    Mr. David A. Packer
    Dr. Mike Petersen


Members Absent:

Members Excused:
    Mr. Peter R. Genereaux
    Mr. Jerry P. Peterson
    Judge Michael Wilkins

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 1:40 p.m.

    MOTION: Mr. Ames moved to approve the minutes of the September 10, 1998 meeting. The motion passed unanimously, with Sen. Howell, Rep. Goodfellow, and Rep. Stephens absent for the vote.
                                
2.    Y2K Update Process For Legislators - Chair Chard opened the discussion regarding information and updates on the Y2K issue that is being sent to all legislators. Committee members made suggestions for the process.

    An Internet article from the Milwaukee Journal Sentinel titled "National Guard ready to act on eve of 2000" was distributed.

    Mr. Moon, Chief Information Officer, distributed a report titled "Year 2000 Progress Report _ State of Utah Executive Branch Report." He summarized the report for the Commission.

3.    Information Technology Budgets: Discussion Regarding Format For This Year's Presentation To The Commission - Mr. Jonathan Ball, Office of the Legislative Fiscal Analyst, distributed a handout titled "FY 1998 _ 2000 Information Technology Funding _ Utah Courts," which demonstrated how a new IT budget template would look when completed. He explained the information in the document and answered questions from Commission members.

    Ms. Lynn Koga, Governor's Office of Planning and Budget, provided comments on the budget for public education.

    Chair Chard recommended that Mr. Ball continue to develop the budget template but suggested the template include interagency cooperation, with input from Mr. Moon and Mr. Miller.

    Ms. Longsworth suggested a budget subcommittee of the Information Technology Commission be established.

4.    Internet Taxation - State's Role - Governor Mike Leavitt said the National Governors Association has identified this issue as the most important federalism issue being faced this century. He said the Internet should not be taxed so as not to inhibit it as a powerful engine of growth. However, the governor indicated that remote sales over the Internet should be taxed in the same way that any other sale is taxed. He said taxing would be at different rates and provided a standard set of definitions which include:
    a.    standardized sales tax definitions created by the individual states;
    b.    a single rate per state;
    c.    defining nexus _ who has the responsibility to collect the tax and who has the capacity to receive the tax; and
    d.    the creation of software that would revolutionize the way sales tax is collected and administered.

    He also said Congress has passed the Internet Tax Freedom Act which puts a moratorium of three years on the taxation of the Internet. However, it did not solve the problem of who collects transactional taxes. It also sets up a commission that will study this issue and report its findings back to Congress within the near future. The governor said it is important for our state to work on this issue before the deadline for the commission's report to Congress.

    Governor Leavitt emphasized the importance of maintaining the fundamental principle of our government, which is local control.

5.    Governmental Immunity - Year 2000 Draft Legislation - Ms. Downing briefed the Commission on draft legislation titled "Year 2000 Government Immunity," that was mailed to

Commission members prior to the meeting. She indicated that, in its current form, the draft would not extend government immunity for negligent acts by state and local governments for damages/injuries arising from Y2K problems. She also reminded the Commission that the Utah Constitution has an open courts provision under which this bill could be challenged.

    Mr. Alan Edwards, Division of Risk Management, provided input on the draft legislation and said his office is comfortable with the bill as written. He answered questions of concern from Commission members.

     MOTION: Sen. Montgomery moved to approve draft legislation titled legislation "Year 2000 Government Immunity." The motion passed, with Sen. Howell, Ms. Gibbs, Mr. Hood, Mr. Howard, Ms. Longsworth, Mr. Moon, and Mr. Packer voting in opposition to the motion. Mr. Fox was absent for the vote.

     SUBSTITUTE MOTION: Sen. Howell moved that the Information Technology Commission recognize that the Y2K problem is unique and should be addressed specifically by the Legislature as it deals with governmental immunity, and that the bill be considered by the appropriate legislative interim committee for a policy review with a presentation by the IT chairs on the issues.

    Sen. Howell withdrew his substitute motion after discussion. The discussion went back to Sen. Montgomery's original motion.

     MOTION: Ms. Longsworth moved to end debate on the motion. The motion passed, with Sen. Howell, Mr. Moon, and Mr. Packer voting in opposition to the motion.

     MOTION: Sen. Steele moved to include a statement, in written format, listing Sen. Howell's and others' concerns to be used by the IT chairs when presenting the bill. The motion passed unanimously, with Mr. Fox absent for the vote.

6.    1999 Interim Study Issue Discussion - Chair Chard opened discussion on issues and priorities for the 1999 interim study. He suggested that members give their recommendations to staff for consideration. Topics discussed in the meeting were as follows:
    a.    information regarding who can access state information and how they access it, hire a consultant to give us the information
    b.    A web site for ITC with more than agendas
    c.    spend time dealing with innovation, be a resource for those who want to be resourceful and change government to enable them to be innovative, i.e., how are we proceeding on telecommuting
    d.    single biggest barrier to state moving forward aggressively with electronically delivered services is how do we deal with the credit card issues
    e.    encourage counties/cities to put more of their forms, services online, i.e., GIS should put their information online
    f.    what is the road map the ITC believes for information technology in the state, could have a subcommittee to work on it and come back to the committee
    g.    telecom-League of Cities & Towns model ordinance; cities and towns incorporating as competitive entities; response on issues moved from Information Technology Commission to the Public Utilities and Technology Interim Committee by leadership
    h.    incentives for application and use of technology, i.e., part of costs returned to the person who uses technology to file his tax return (non-traditional legislation)
    i.    Information Technology Systems at SLOC - have new CIO come in & see how we can interface as a state w/ them on technology issues

7.    Other Business
- Chair Chard announced that the next meeting of the Information Technology Commission will be held on Monday, November 16, at 1:00 p.m.

8.    Adjournment -

    MOTION: Mr. Hood moved to adjourn the meeting. The motion passed unanimously, with Mr. Fox and Mr. Packer absent for the vote. The meeting adjourned at 4:49 p.m.


[Back to the Interim Directory][Back to the Monthly Schedule][Back to the Committee Listing] Utah State Legislature