MINUTES OF THE
ADMINISTRATIVE RULES REVIEW AND GENERAL OVERSIGHT COMMITTEE
Monday, June 12, 2023 • 9:00 a.m. • 445 State Capitol


Members Present:
Sen. Curtis S. Bramble, Chair
Rep. Kera Birkeland, Chair
Sen. Jacob L. Anderegg
Sen. David G. Buxton
Sen. Luz Escamilla
Sen. Karen Kwan
Rep. Gay Lynn Bennion
Rep. Brady Brammer
Rep. Jennifer Dailey-Provost
Rep. Mark A. Strong

Staff Present:
Rohnin Randles, Policy Analyst
Eric N. Weeks, Associate General Counsel
Tracey Fredman, Administrative Assistant

Note: A copy of related materials and an audio recording of the meeting can be found at www.le.utah.gov.

1.Committee Business
Chair Birkeland called the meeting to order at 9:04 a.m.
MOTION:Sen. Kwan moved to approve the minutes of the May 18, 2023, meeting.The motion passed with a vote of 10-0-0.
Yeas - 10Nays- 0Abs- 0
Sen. J. Anderegg
Rep. G. Bennion
Rep. K. Birkeland
Sen. C. Bramble
Rep. B. Brammer
Sen. D. Buxton
Rep. J. Dailey-Provost
Sen. L. Escamilla
Sen. K. Kwan
Rep. M. Strong
2.Follow-Up: Alpine School District Operating Procedures
Sen. Bramble indicated that the purpose of the discussion would be to provide clarification as to whether the relevant statute regarding school closures needs to be amended.
Sara Hacken, President, and Julie King, Vice President, Alpine School District Board, and Kraig Brinkerhoff, Legal Counsel, Alpine School District, addressed the committee about the process followed for the formal study of school closures and boundary adjustments in the Alpine School District, and responded to questions during the discussion that followed.
Eric Weeks, Associate General Counsel, Office of Legislative Research and General Counsel, explained that legislative testimony rules specify the requirement to provide factual responses to questions unless there is some type of official legal privilege that the witness would raise with the court under legitimate court rules that would prevent them from disclosing the answer.
Sen. Anderegg requested that a copy of the written statement read by the Alpine School District Board be obtained and included in the minutes of the meeting.
2a - Statement from Superintendent Farnsworth
Committee discussion continued regarding potential changes to the school closure statute, including a potential deadline for the finalization of any upcoming closures or boundary changes. No action was taken.
3.Department of Transportation Procurement Rules
3a - Multiple Award Statute
3b - RFP Requirement Statute
3c - UDOT Rule R907-33
Rohnin Randles, Policy Analyst, Office of Legislative Research and General Counsel, presented an overview of some of the relevant statutes and administrative rules related to de-icing salt procurement in the state.
3d- SaltWorx Presentation
Kyle Brown, Owner, and Nathan Prete, Shareholder, SaltWorx Inc., presented recommendations on potential changes to the Department of Transportation's de-icing salt procurement practices that could create more clarity and consistency for salt vendors.
During the discussion that followed, Kyle Brown and Nathan Prete responded to questions.
3e - Presentation, Use of Multiple Award Contracts, UDOT
Nathan Lee, Director of Technology and Innovation, and Leif Elder, Director, Legislative Affairs, Utah Department of Transportation, discussed policies that guide the department's purchasing decisions of particular road salt products, and responded to questions from the committee.
Public comment was received from:
Zac Clayson, Industrial Team Leader, Redmond Minerals, Inc.; and
Jared Bunn, President, Broken Arrow.
MOTION:Rep. Strong moved to refer the issue to the Transportation Interim Committee for further consideration.The motion passed with a vote of 10-0-0.
Yeas - 10Nays- 0Abs- 0
Sen. J. Anderegg
Rep. G. Bennion
Rep. K. Birkeland
Sen. C. Bramble
Rep. B. Brammer
Sen. D. Buxton
Rep. J. Dailey-Provost
Sen. L. Escamilla
Sen. K. Kwan
Rep. M. Strong
4.Davis School District Sensitive Materials Review Procedures
4a - Sensitive Materials Statute
4b - USBE Oversight Statute
4c - USBE Administrative Rule R277-628
4d - DSD Library Policy
4e - Presentation, HB 374 Implementation
Rohnin Randles, Policy Analyst, Office of Legislative Research and General Counsel, gave a presentation on the current statutes, administrative rules, and local policies pertaining to sensitive instructional materials following the passage of 2022 General Session H.B. 374, "Sensitive Materials in Schools."
Dan Linford, Superintendent, and Logan Toone, Assistant Superintendent, Davis School District, and Liz Mumford, President, Davis Board of Education, discussed the current process in place for reviewing challenged sensitive materials, and responded to committee members' questions.
Sen. Bramble moved to open a committee bill file to explore changes to the statutory requirements for sensitive materials reviews, including a requirement that local school boards approve any determinations made by review committees of elected officials.
5.Board of Pardons and Parole Warrant Requirements
This item was not discussed.
6.Other Items/Adjourn
MOTION:Sen. Bramble moved to adjourn the meeting. The motion passed with a vote of 10-0-0.
Yeas - 10Nays- 0Abs- 0
Sen. J. Anderegg
Rep. G. Bennion
Rep. K. Birkeland
Sen. C. Bramble
Rep. B. Brammer
Sen. D. Buxton
Rep. J. Dailey-Provost
Sen. L. Escamilla
Sen. K. Kwan
Rep. M. Strong
Chair Birkeland adjourned the meeting at 12:35 p.m.