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MINUTES OF THE

PUBLIC UTILITIES & TECHNOLOGY STANDING COMMITTEE

Room 225 - State Capitol Building


January 23, 2003
                    
                                        
MEMBERS PRESENT:        Rep. Stephen H. Urquart, Chair    
                    Rep. Glenn A. Donnelson, Vice Chair
                    Rep. Sheryl L. Allen
                    Rep. Ralph Becker
                    Rep. Chad E. Bennion            
                    Rep. Ty McCartney
                    Rep. Michael E. Noel         
                    
Rep. Michael R. Styler
                    Rep. David Ure

MEMBERS ABSENT:        Rep. Greg J. Curtis
                    Rep. Brent H. Goodfellow
                    Rep. Gordon E. Snow

STAFF PRESENT:
            Richard North, Policy Analyst
                    Cherri White, Committee Secretary        


VISITORS:    
List of visitors on file

    Vice Chair, Representative Glenn A. Donnelson called the meeting to order at 2:10 p.m.

MOTION:    Representative Ure moved to approve the minutes of January 22, 2003. The motion passed unanimously with Representatives Allen, Becker, Bennion, McCartney, and Styler absent for the vote.

H.B. 40    Protection of Nonpublic Personal Information (D. Aagard)

    This bill was introduced on January 22, 2003 and committee discussion and public input was completed.

MOTION:    Representative Urquart moved to amend:

1.    Page 2, Line 55:    After line 55 insert:
        "(c) "Consumer transaction" does not include a transaction related to real property."


2.    Pages 4-5, Lines 119-125:    Delete lines 119-125 and insert:
        "(4) This chapter does not apply if:
        (a) a commercial entity discloses nonpublic personal information to a third party;
        (b) the commercial entity is subject to a federal law or regulation that governs the disclosure of nonpublic information to a third party; and
        (c) the disclosure of nonpublic information to a third party complies with or is authorizes by the federal law or regulation described in Subsection (4)(b).
"

3.    Page 5, Line 130:    After "obtained" insert "on or after May 5, 2003,"

The motion passed unanimously with Representatives Allen, Becker, Bennion, McCartney, and Styler absent for the vote.

Speaking in favor of the bill was Francine Giani, Consumer Protection Division. Speaking to the bill and asking questions of its intent was Bill Meaders, Direct Marketing Association.

MOTION:    Representative Styler moved to pass the bill out favorably as amended. The motion passed unanimously with Representatives Bennion, and McCartney absent for the vote.

MOTION:    Representative Allen moved to adjourn. The motion passed unanimously, with Representative McCartney absent for the vote. The meeting adjourned at 2:30 p.m.



                     _______________________________
                     Rep. Glenn A. Donnelson , Vice-Chair