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Proposed Legislation

Transparency & Good Government

Proposed Resolutions for Accountability and Public Trust

Good government depends on transparency, accountability, and meaningful citizen oversight.

These proposed resolutions are offered as constructive policy suggestions to strengthen public trust in Utah’s institutions. They focus on open courts, accessible public records, independent oversight, and responsible governance—ensuring that power is exercised visibly, lawfully, and in service of the people. This is not about partisanship or personalities; it is about building systems that work, earn confidence, and remain accountable to the public.

Transparency & Access

Proposed Resolution on Judicial Transparency and Public Trust

WHEREAS, public confidence in the judiciary is foundational to the rule of law and voluntary compliance with court decisions; and

WHEREAS, transparency promotes fairness, accountability, and equal access to justice; and

WHEREAS, courts already possess recording technology, yet public access to livestreams and archived proceedings remains inconsistent.

NOW, THEREFORE, BE IT RESOLVED, that judicial transparency shall be recognized as a public investment in institutional trust and legitimacy; and

BE IT FURTHER RESOLVED, that livestreaming and archiving of court proceedings should be the default, subject only to narrowly tailored legal exceptions; and

BE IT FURTHER RESOLVED, that Utah should lead nationally in transparent, accessible, and accountable judicial practices.

Proposed Resolution on Public Records Integrity and Clerk Accountability

WHEREAS, public records are created on behalf of the people and belong to the public; and

WHEREAS, access to accurate and complete records is essential to oversight, due process, and informed civic participation; and

WHEREAS, inconsistent recordkeeping practices erode public trust and increase conflict and litigation;

NOW, THEREFORE, BE IT RESOLVED, that records officers and clerks act as neutral custodians of public records, not gatekeepers; and

BE IT FURTHER RESOLVED, that possession of records does not confer discretion to withhold, misclassify, alter, or selectively disclose them; and

BE IT FURTHER RESOLVED, that meaningful sanctions should exist for the destruction, falsification, or improper withholding of public records, consistent with state and federal law.

Proposed Resolution on Legislative Process Transparency

WHEREAS, legislation is often drafted well before formal introduction or bill numbering; and

WHEREAS, meaningful public participation requires advance notice and opportunity to review proposed laws; and

WHEREAS, rushed or opaque legislative processes undermine democratic legitimacy;

NOW, THEREFORE, BE IT RESOLVED, that proposed legislation be subject to a public review period prior to formal numbering and introduction; and

BE IT FURTHER RESOLVED, that a minimum thirty-day pre-introduction review window be established to allow public comment and disclosure of sponsorship and stakeholder involvement.

Oversight & Accountability

Proposed Resolution on Citizen Oversight of Judicial and Professional Regulatory Bodies

WHEREAS, public accountability requires that institutions exercising disciplinary or appointment authority remain answerable to the people; and

WHEREAS, bodies such as the Utah State Bar, the Judicial Conduct Commission (JCC), and the Judicial Performance Evaluation Commission (JPEC) exercise significant authority with limited direct citizen oversight; and

WHEREAS, self-regulating systems without meaningful external accountability risk eroding public confidence;

NOW, THEREFORE, BE IT RESOLVED, that mechanisms for meaningful citizen oversight and transparency be established for the Utah State Bar, JCC, and JPEC; and

BE IT FURTHER RESOLVED, that complaint processes, outcomes, and aggregate disciplinary data be publicly accessible while preserving due process; and

BE IT FURTHER RESOLVED, that these bodies remain accountable to the citizens of Utah and subject to public review.

Proposed Resolution on Budget Independence for the State Auditor

WHEREAS, the State Auditor serves as an independent watchdog responsible for identifying waste, fraud, and abuse; and

WHEREAS, effective oversight depends on independence from political or financial pressure; and

WHEREAS, the ability to leverage or threaten the Auditor’s budget undermines that independence;

NOW, THEREFORE, BE IT RESOLVED, that the State Auditor’s budget be structurally protected from retaliation or political leverage; and

BE IT FURTHER RESOLVED, that funding mechanisms ensure continuity of audits and investigations regardless of political inconvenience; and

BE IT FURTHER RESOLVED, that safeguarding the Auditor’s independence protects taxpayers and strengthens public confidence in government oversight.

Proposed Resolution on Citizen Oversight and Civic Participation

WHEREAS, the legitimacy of government derives from the consent and participation of the governed; and

WHEREAS, access to records, proceedings, and public comment is essential to informed citizenship; and

WHEREAS, transparency and engagement reduce conflict, litigation, and mistrust;

NOW, THEREFORE, BE IT RESOLVED, that citizen oversight and civic participation be recognized as strengths of democratic governance; and

BE IT FURTHER RESOLVED, that lawful requests for records, information, and participation be facilitated, not discouraged.

Responsible Governance

Proposed Resolution on Balanced Growth and Local Control

WHEREAS, Utah’s growth presents both opportunity and responsibility; and

WHEREAS, long-term prosperity depends on infrastructure capacity, water availability, public safety, and community input; and

WHEREAS, growth that bypasses established planning processes shifts costs onto residents;

NOW, THEREFORE, BE IT RESOLVED, that growth proceed through existing zoning and planning frameworks rather than special exemptions or circumvention; and

BE IT FURTHER RESOLVED, that development pay its own way and reflect local conditions and constraints; and

BE IT FURTHER RESOLVED, that counties and municipalities retain meaningful authority over land-use decisions affecting their communities.
Proposed Resolution on Agriculture, Open Space, and Pollinator Protection

WHEREAS, agriculture and open space contribute to food security, environmental resilience, and Utah’s heritage; and

WHEREAS, pollinators are essential to agricultural productivity and ecosystem health; and

WHEREAS, unnecessary regulation of legitimate agricultural activities can be counterproductive;

NOW, THEREFORE, BE IT RESOLVED, that apiaries and pollinator habitats be recognized as legitimate agricultural uses; and

BE IT FURTHER RESOLVED, that policies support native, drought-tolerant pollinator habitats consistent with local conditions; and

BE IT FURTHER RESOLVED, that regulation protect public health and safety without unduly burdening responsible agricultural practices.

Closing Statement

These proposed resolutions reflect a commitment to transparent processes, independent oversight, and accountable governance. Transparency is not an abstract ideal—it is a practical investment in public trust, institutional integrity, and the long-term health of our democracy.

Proposed Legislation - 2027

Title: Obligation to Refer Conflict of Interest and Exculpatory/Inculpatory Evidence in Civil and Criminal Cases

Body:

Be it enacted by the Legislature of the State of Utah:

Section 1. Title 76, Chapter 8, Section 109, Utah Code Annotated, is amended as follows:

(1) Any public officer, including law enforcement officers, judges, clerks, and any other public official who becomes aware of a criminal or civil matter in which they have a personal, financial, or professional conflict of interest must immediately refer the case to an independent external agency.

(2) In addition, any public officer, as described above, who becomes aware of either exculpatory or inculpatory evidence related to a criminal or civil case must include that evidence in their referral. No public officer may suppress, withhold, or bury either exculpatory or inculpatory evidence.

(3) The referral must be made to an independent prosecutorial authority or special prosecutor within 10 business days of becoming aware.

(4) Failure to make such a referral within the required time frame shall constitute a class B misdemeanor. Any person convicted of violating this section shall be subject to penalties and removal from public office.

(5) Any subsequent investigations, prosecutions, or proceedings shall be referred to a special independent prosecutor as defined in Title 77, Chapter 10.

Title: Citizen Whistleblower Protection and Oversight Act

Body:

General Description:

This proposal provides whistleblower protections for citizens exposing government or legal corruption and creates an independent citizen oversight board.

Highlighted Provisions:

This proposal:

Prohibits government and judicial entities from retaliating against or blacklisting citizen whistleblowers; and

creates an independent Citizen Oversight Complaint Board to field complaints and hold hearings regarding the deprivation of rights.

Draft Language:

Section 1. Title.

This act is known as the “Citizen Whistleblower Protection and Oversight Act.”

Section 2. Definitions.

(1) “Blacklist” means taking formal or informal action to deny a citizen public services, contracts, or equal protection under the law.
(2) “Citizen whistleblower” means a resident who reports or exposes corruption, fraud, or deprivation of rights by a government entity, judicial officer, or licensed attorney.
(3) “Retaliatory action” means any adverse action, harassment, or unwarranted regulatory scrutiny taken against a citizen whistleblower.

Section 3. Protections for Citizen Whistleblowers.

(1) A government entity, judicial body, or state-sanctioned legal association may not take retaliatory action against or blacklist a citizen whistleblower.
(2) This section serves as a strict legal buffer to protect citizens from punitive actions for exposing government, judicial, or attorney corruption.

Section 4. Citizen Oversight Complaint Board.

(1) There is created the Citizen Oversight Complaint Board, consisting of seven citizen members.
(2) The board functions independently of, and serves a distinct function from, the State Records Committee.
(3) The board shall:

(a) field and filter citizen complaints alleging retaliatory action or deprivation of rights;
(b) hold administrative hearings for complaints deemed to have merit; and
(c) upon finding a violation, issue cease and desist orders and refer the matter for civil remedy or prosecution.

Title: Utah Stream Dewatering Protection Act

Body:

Section 1: Purpose

This Act aims to protect upstream river and stream flows vital to aquifer recharge, riparian health, and downstream water users, particularly in the context of the Great Salt Lake.

Section 2: Definitions

“Natural Flow” means the historic, unaltered flow of water in a river or stream channel.
“Riparian Areas” are lands adjacent to rivers or streams that depend on consistent water supply.
“Water Banking” is a program by which water rights are leased or held in reserve for environmental or public use.

Section 3: Protected River Channels

The Division of Natural Resources shall identify historic river channels critical to aquifer recharge and downstream supply, particularly within 10 to 15 miles of towns or cities.

Section 4: Voluntary Leasing Program

Farmers and water right holders may voluntarily lease a portion of their water rights to the Division. These leased rights will be placed in a water bank, ensuring the natural flow in protected channels is maintained.

Section 5: Aquifer and Riparian Protection

The Division shall ensure that leased water supports riparian habitats and prevents declines in the water table, preserving wells and aquifers in nearby communities.

Section 6: Prioritization

When water is evaluated for allocation, priority shall be given first to preserving natural flow in these historic channels, then to downstream users, ensuring the balance of urban, agricultural, and environmental needs.

Section 7: Implementation

The Division of Natural Resources shall create a streamlined leasing process, provide outreach to farmers, and report annually on the protection of riparian areas and aquifer levels.

Title: Utah Historic River Access Act

Body:

Section 1: Purpose

This Act safeguards public access to navigable waters in Utah, as listed by the Utah Division of Natural Resources, up to the high-water mark, while respecting private property above that mark.

Section 2: Definitions

“High-Water Mark” means the shoreline boundary defined by regular, consistent water level fluctuations.
“Navigable Waters” means streams or rivers listed by the Division for public fishing and recreation.
“Prescriptive Easement” means a public access right from continuous, open, long-term public use.

Section 3: Public Access Corridor

A corridor of 25 feet on either side of the high-water mark shall remain open for safe public use, even during high flows.

Section 4: Private Property Rights

Landowners retain ownership above the high-water mark but may participate by registering a QR code at the access point.

Section 5: Landowner Participation and Reward System

Participating landowners post a QR code; each scan tracks public use. After a set time, points earned can be exchanged for state tax credits or a share of fishing license revenue.

Section 6: Historic Lease Program

Landowners may opt into a historic lease with the Division of Natural Resources. The Division will actively secure access leases, preserving long-term public use.

Section 7: Educational Video

Landowners who open their property will be required to provide a short video educating visitors on respecting private property rights, best catch-and-release practices, and any fishing restrictions specific to that waterway.

Section 8: Implementation

The Division of Natural Resources will create guidelines for QR tracking, lease agreements, and ensure that all participants receive the educational video, fostering safety, respect, and sustainability.

Title: Utah Administrative Rule Constitutional Compliance Act

Body:

Section 1. Findings and Purpose.

The Legislature finds that administrative rules adopted by state agencies must comply with both the United States Constitution and the Utah Constitution. Any administrative rule that conflicts with these constitutions shall be void.

Section 2. Hierarchy of Law.

Administrative rules shall be subordinate to the U.S. Constitution and the Utah Constitution. No agency shall use administrative rulemaking to infringe upon constitutional rights.

Section 3. Citizen Review Panel.

A Citizen Review Panel is established, consisting of nine members appointed by the Legislature. The panel shall conduct an independent review of any proposed administrative rule if a citizen or legislator raises a constitutional concern. The panel’s findings shall be provided to the Legislature within 60 days.

Section 4. Prohibition on Abuse of Rulemaking.

If an administrative rule is found to have been used with intent to harm, suppress dissent, or otherwise violate constitutional rights, the individual responsible for the rule’s adoption or enforcement shall be subject to personal financial sanctions. These sanctions may include garnishment of wages, direct fines, or other penalties against the individual, ensuring no immunity from personal liability.

Section 5. Enforcement.

This Act shall be enforced by the Attorney General’s office, and any citizen or legislator who reports a violation may request a formal review by the panel.

Section 6. Severability.

If any provision of this Act is held to be invalid, the remaining provisions shall remain in effect.

Title: Public Records Transparency and Authentication Act

Body:

Section 1. Public Records Presumption and Authentication.

(1) All records created by or for a governmental entity are presumed to be public at the moment of creation unless properly designated as private, protected, controlled, or otherwise restricted under law.
(2) At the point of creation, each record shall be authenticated and certified as an official government record through associated metadata, digital signature, and/or official electronic seal sufficient to establish the record’s origin, date of creation, author, and chain of custody.
(3) Government information systems shall incorporate a standardized classification selection process requiring the creator of a record to designate one of the following categories prior to transmission, storage, or publication:

(a) Public
(b) Private
(c) Protected
(d) Controlled or classified as otherwise defined by law.

(4) The classification designation must be documented within the record’s metadata and maintained as part of the permanent audit trail.

Section 2. Transparency by Default.

(1) Public access to records shall be the default condition of government information systems.
(2) Records designated as public shall be made available for inspection and copying without requiring a request under the Government Records Access and Management Act whenever technologically feasible.
(3) A request under the Government Records Access and Management Act should be required only when:

(a) a record is designated private, protected, or controlled; or
(b) a record must be located within archived systems not publicly indexed.

Section 3. Audits and Oversight of Record Classification.

(1) An independent auditing authority designated by statute shall conduct periodic audits of record classifications used by state and local governmental entities.
(2) Audits shall examine whether records have been properly classified, authenticated, preserved, and made publicly accessible when required.
(3) The auditing authority shall publish an annual transparency report identifying:

(a) agencies demonstrating strong compliance;
(b) agencies exhibiting excessive use of protected or private classifications;
(c) instances where public records were improperly withheld or misclassified.

Section 4. GRAMA Requests and Appeals.

(1) Requests under the Government Records Access and Management Act shall be considered an exception to the normal availability of public records.
(2) Appeals of a denied GRAMA request shall be considered an exception to that exception and shall only occur when a dispute exists regarding the classification of a record.
(3) Review by the Utah State Records Committee or other designated appeals authority shall constitute extraordinary administrative review.
(4) Judicial review in a court of law shall be considered extraordinary relief and should be rarely necessary if records are properly authenticated, classified, and audited at the time of creation.

Section 5. Training and Compliance.

(1) All state and local government employees responsible for creating or managing public records shall receive annual training on records classification, authentication, metadata requirements, and compliance with the Government Records Access and Management Act.
2) Government agencies shall implement electronic systems capable of tracking record creation, classification, and modification history to ensure transparency and accountability.

Section 6. Effective Date.

Title: Establishing a Citizen Oversight Board for Government Fiscal Accountability

Body:

Be it enacted by the Legislature of the State of Utah:

Section 1. Creation of the Citizen Oversight Board.

(1) A Citizen Oversight Board is hereby established, composed of seven members who are Utah residents, appointed by a bipartisan committee of the Legislature.
(2) Members shall serve staggered four-year terms and must represent diverse geographic and professional backgrounds, ensuring broad public perspective.

Section 2. Duties of the Board.

(1) The Board shall review the State’s annual budget and financial reports, ensuring transparency, accountability, and alignment with public interest.
(2) The Board shall produce an annual report identifying areas of fiscal strength, debt risk, and revenue generation within government agencies.
(3) The Board shall hold quarterly public meetings, allowing citizens to ask questions, review findings, and provide input on fiscal policy.

Section 3. Reporting Requirements.

(1) The Board shall publish a detailed annual report identifying:

    • Total budget growth and decline
    • Department-level financial performance, distinguishing fiscally sound versus debt-heavy agencies
    • Revenue-producing departments versus those reliant on appropriation

Section 4. Public Access and Transparency.

(1) All reports, meetings, and documentation shall be freely accessible online and in public libraries.

Section 5. Effective Date

Title: Protecting the Fiscal Independence of the State Auditor Act

Body:

Be it enacted by the Legislature of the State of Utah:

Section 1. Title 67, Chapter 3, Section 6, Utah Code Annotated, is amended as follows:

(1) The State Auditor shall have an independently determined budget that is not subject to reduction or control by the Legislature beyond a fixed growth rate.
(2) The State Auditor’s budget shall grow at a minimum rate of 5% per fiscal year to ensure operational independence and sufficient capacity.
(3) The Legislature shall not condition, reduce, or withhold any funds from the State Auditor’s office for exercising their duties or conducting independent audits.
(4) The State Auditor shall produce, annually, a detailed fiscal report that identifies the overall growth of Utah’s state budget. This report must clearly delineate growth or decline by department, identifying which agencies are fiscally sound, which are debt-heavy, and which departments are generating revenue.
(5) The report must be made available to the public, legislators, and the Governor, ensuring full transparency. It shall include a summary of total budget growth, broken down by each department’s contribution, debt levels, and revenue generation.

Section 2. Effective Date