MINUTES OF THE
LEGISLATIVE AUDIT SUBCOMMITTEE
Tuesday, August 20, 2024 • 4:30 p.m. • 445 State Capitol


Members Present:
President J. Stuart Adams, Co-chair
Speaker Mike Schultz, Co-chair
Sen. Luz Escamilla
Sen. Evan J. Vickers
Rep. Jefferson Moss
Rep. Angela Romero

Staff Present:
Brian J. Dean, Deputy Auditor General
Donna Hernandez, Office Manager
Darin R. Underwood, Deputy Auditor General
Kade R. Minchey, Auditor General

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

President Adams called the meeting to order.
1.Audit Report Presentations
Mr. Brian Dean, Deputy Auditor General introduced both A Performance Audit of the School and Institutional Trust Lands Administration: Improving Controls, Accountability, and Proactive Management (Report 2024-13) and A Performance Audit of the Trust System Entities: Improving Oversight Over Beneficiary Spending (Report 2024-12).
A Performance Audit of the School and Institutional Trust Lands Administration: Improving Controls, Accountability, and Proactive Management (Report 2024-13)
A Performance Audit of the Trust System Entities: Improving Oversight Over Beneficiary Spending (Report 2024-12)
Mr. Dean, Mr. Matthias Boone, and Mr. Andrew Poulter presented the findings of the audit A Performance Audit of the School and Institutional Trust Lands Administration (report 2024-13).
Mr. Dean, Mr. Boone, and Mr. Poulter presented the findings of the audit A Performance Audit of the Trust System Entities (report 2024-12).
Mr. Poulter responds to questions from Speaker Schultz regarding grazing permits granted by the School and Institutional Trust Lands Administration (SITLA) and the contract terms for the grazing permits.
Mr. Dean discussed the importance of the permits for grazing rights.
Mr. Poulter responded to a clarifying question from Speaker Schultz on the SITLA processes regarding the Termination of Contract Notice process.
Mr. Dean responded to a question from President Adams regarding contract price matching.
Mr. Poulter responded to a question from Senator Vickers regarding SITLA response to grazing issues, and Utah Land Trusts Protection and Advocacy Office (LTPAO) beneficiaries.
Mr. Boone responded to a follow up question from Senator Vickers regarding LTPAO salaries.
Mr. Dean responded to a follow-up question from Senator Vickers on the dollar value of LTPAO services.
Mr. Poulter responded to questions from Representative Moss regarding: - The use of funds by LTPAO beneficiaries,- The role of LTPAO beneficiaries,- A follow up question on LTPAO beneficiaries.
Mr. Dean discussed the roles of the LTPAO beneficiaries and the responsibilities of both STLA and LTPAO.
Mr. Dean responded to a question from Speaker Schultz regarding the purpose of LTPAO.
Mr. Poulter responds to questions from Senator Escamilla regarding:- Recommendation on transaction reporting,- Transparency on transactions,- SITLA tracking values of properties and land,
Mr. Dean made a comment recognizing the expertise of the SITLA Board.
Ms. Michelle McConkie, Executive Director of SITLA and Mr. Warren Peterson, Board Chair of SITLA responded to the findings of the audits.
Ms. McConkie responded to questions from Speaker Schultz regarding:- Following the policies of SITLA,- Resolving issues and the cost of not following the policies,- SITLA contracts and first right of refusal on competing bids,- SITLA business practices,- Legislative audit recommendation regarding LTPAO.
Ms. McConkie responded to questions from Senator Escamilla regarding:- The recommendation for the use of funds from North Temple, - The risk assessment process for acquiring property.
Mr. Peterson responded to a question from Senator Escamilla regarding transparency within the agencies.
Ms. McConkie discussed policies regarding transparency.
Ms. McConkie responded to a question from President Adams on the funds disbursed to schools.
Mr. Richard Ellis, LTPAO Committee Chair responded to the findings of the audits.
MOTION:Speaker Schultz moved to refer A Performance Audit of the Schools and Institutional Trust Lands Administration to the Natural Resources, Agriculture, and Environment Interim Committee as the Lead Committee and the Natural Resources, Agriculture, and Environmental Quality Appropriations Subcommittee as the Review Committee.The motion passed with a vote of 6-0-0.
Yeas - 6Nays- 0Abs- 0
Sen. J. Adams
Sen. L. Escamilla
Rep. J. Moss
Rep. A. Romero
Rep. M. Schultz
Sen. E. Vickers
MOTION:Speaker Schultz moved to refer A Performance Audit of the Trust System Entities to the Executive Office and Criminal Justice Appropriations Subcommittee as the Lead Committee and the Education Interim Committee as the Review Committee.The motion passed with a vote of 6-0-0.
Yeas - 6Nays- 0Abs- 0
Sen. J. Adams
Sen. L. Escamilla
Rep. J. Moss
Rep. A. Romero
Rep. M. Schultz
Sen. E. Vickers
2.Committee Business
MOTION:Speaker Schultz made a motion to approve the minutes from the June 18, 2024 meeting.The motion passed with a vote of 6-0-0.
Yeas - 6Nays- 0Abs- 0
Sen. J. Adams
Sen. L. Escamilla
Rep. J. Moss
Rep. A. Romero
Rep. M. Schultz
Sen. E. Vickers
3.Audit Report Presentations
Mr. Darin Underwood, Deputy Auditor General introduced A Performance Audit of the Statewide Online Education Program: A Case for Improving Program Oversight, the SEATS Tracking System, and Counselor Involvement (Report 2024-11).
A Performance Audit of the Statewide Online Education Program: A Case for Improving Program Oversight, the SEATS Tracking System, and Counselor Involvement (Report 2024-11)
Mr. Underwood and Mr. Rusty Facer presented on the findings of the audit.
Mr. Facer responded to a question from Senator Vickers about the number of active enrollment students.
President Adams thanked Superintendent Sydnee Dickson for her time and willingness to work with the Legislative Audit Subcommittee and Mr. Kade Minchey, Legislative Auditor General presented Superintendent Sydnee Dickson with a completed punch card for her frequent appearances in the Legislative Audit Subcommittee meetings.
Superintendent Sydnee Dickson, USBE Superintendent and Ms. Molly Hart, USBE Board Member responded to the findings of the audit.
MOTION:Speaker Schultz moved to refer A Performance Audit of the Statewide Online Education Program to the Education Interim Committee as the Lead Committee, and the Public Education Appropriations Subcommittee as the Review Committee.The motion passed with a vote of 6-0-0.
Yeas - 6Nays- 0Abs- 0
Sen. J. Adams
Sen. L. Escamilla
Rep. J. Moss
Rep. A. Romero
Rep. M. Schultz
Sen. E. Vickers
Mr. Darin Underwood, Deputy Auditor General introduced A Performance Audit of the Rich School District: Addressing Improvements in Student Achievement, Strategic Planning, and Teacher Support Systems (Report 2024-10)..
A Systemic Performance Audit of Rich School District: Addressing Improvements in Student Achievement, Strategic Planning, and Teacher Support Systems (Report 2024-10)
Mr. Underwood and Ms. Abigail Armstrong presented on the findings of the audit.
Superintendent Lamborn, Rich School District and Mr. Richard Lamb, Board President, Rich School District responded to the findings of the audit.
Speaker Schultz congratulated Utah Educators for being ranked number 2 in the nation and asked that the Legislature's appreciation is taken back to the district.
MOTION:Speaker Schultz moved to refer A Performance Audit of the Rich School District to the Education Interim Committee as the Lead Committee, and the Public Education Appropriations Subcommittee as the Review Committee. The motion passed with a vote of 5-0-1.
Yeas - 5Nays- 0Abs- 1
Sen. J. Adams
Rep. J. Moss
Rep. A. Romero
Rep. M. Schultz
Sen. E. Vickers
Sen. L. Escamilla
Mr. Kade Minchey, Auditor General responded to a question from Speaker Schultz about three statewide campaigns regarding a request for an audit of the signature gathering process in Davis County. Mr. Minchey explained that in 2023, HB269 enacted a system that allows the Legislative Auditor General to audit the elections every federal election cycle and the signature gathering process will be included in that.
MOTION:Speaker Schultz moved to prioritize the following audits and give flexibility to the Auditor General to begin the audit as staff expertise and resources become available: A Systemic LEA Audit of the Tooele County School District and a High Risk 2-Year Follow-Up.The motion passed with a vote of 5-0-1.
Yeas - 5Nays- 0Abs- 1
Sen. J. Adams
Rep. J. Moss
Rep. A. Romero
Rep. M. Schultz
Sen. E. Vickers
Sen. L. Escamilla
MOTION:Speaker Schultz made a motion to adjourn.The motion passed with a vote of 5-0-1.
Yeas - 5Nays- 0Abs- 1
Sen. J. Adams
Rep. J. Moss
Rep. A. Romero
Rep. M. Schultz
Sen. E. Vickers
Sen. L. Escamilla