Public Policy In Utah

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The Public Policy Project on Ballotpedia aims to illuminate major policy issues being discussed and implemented throughout the United States. Public policy can be complicated and controversial; deciding what works best and how to allocate resources to achieve a policy goal can involve multiple trade-offs. Much of the public policy that affects citizens economically, legally and socially, is made at the state level. Below you will find links and introductions to all the Utah public policy articles on Ballotpedia. To see the policy overview of another state click on the map below.

For a list of all public policy articles on Ballotpedia see here.

Budget Policy[edit]

Budget and finances[edit]

In Utah, as in other states, lawmakers and public officials are elected in part to manage the state's finances. This includes generating revenues (money coming into the state from various sources) and approving expenditures (the money spent on governmental functions and servicing state debt). State budgets are complex and fluid, as they depend on anticipated revenues and planned expenditures, which may alter over the course of a fiscal year. If revenues do not keep pace with expenditures, states generally have to raise taxes, cut services, borrow money, or a combination of the three. State budget decisions are also influenced by policy decisions at the national level, such as the Affordable Care Act or energy and environmental regulations, and issues at the local level, such as crime and the quality of education.

Taxes[edit]

Utah generates the bulk of its tax revenue by levying a personal income tax and a sales tax. The state derives its constitutional authority to tax from Article XIII of the state constitution.^[2][3]

Tax policy can vary from state to state. States levy taxes to help fund the variety of services provided by state governments. Tax collections comprise approximately 40 percent of the states' total revenues. The rest comes from non-tax sources, such as intergovernmental aid (e.g., federal funds), lottery revenues and fees. The primary types of taxes levied by state governments include personal income tax, general sales tax, excise (or special sales) taxes and corporate income tax.^[4]

Civil Liberties Policy[edit]

Affirmative action[edit]

Affirmative action in Utah refers to the steps taken by employers and universities in Utah to increase the proportions of historically disadvantaged minority groups at those institutions. Historically, affirmative action nationwide has taken many different forms, such as strict quotas, extra outreach efforts, and racial and gender preferences. However, racial quotas in university admissions were banned in a 1978 United States Supreme Court case, Regents of the University of California v. Bakke.^[5]

On June 29, 2023, the Supreme Court reversed lower court decisions in Students for Fair Admissions, Inc. v. President and Fellows of Harvard College and Students for Fair Admissions, Inc. v. University of North Carolina, effectively ending the use of affirmative action in college admissions.

As of March 2015, 109 out of 577 public four-year universities across the country reported that they considered race in admissions. This practice has been banned in eight states. Meanwhile, 28 states require affirmative action plans in either public employment or apprenticeships. Affirmative action programs that grant racial preferences have come under scrutiny in the courts for potentially violating the Equal Protection Clause of the Fourteenth Amendment and Title VII of the Civil Rights Act.^[6][7]

The effects of affirmative action policies are contested. Proponents argue that affirmative action diversifies selective institutions and provides more opportunities to minorities. Opponents argue that implementing policies that favor some groups requires discrimination against others and that these policiesmay harm individuals they are meant to help.

Campaign finance[edit]

Campaign finance requirements govern how much money candidates and campaigns may receive from individuals and organizations, how they must report those contributions, and how much individuals, organizations, and political parties may contribute to campaigns. In addition to direct campaign contributions, campaign finance laws also apply to third-party organizations and nonprofit organizations that seek to influence elections through independent expenditures or issue advocacy.

This page provides background on campaign finance regulation, lists contribution limits to state candidates and ballot measures in Utah, compares contribution limits to gubernatorial and state legislative candidates in Utah with those from other states, and details the candidate reporting requirements in Utah.

The information on this page pertains to candidates for state office and state ballot measures. Candidates for federal office are subject to federal campaign finance law. Candidates for local office are subject to all applicable state laws as well as any separate local campaign finance regulations.^[8]

Nonprofit regulation[edit]

Nonprofit regulation in Utah involves a complex set of rules that govern nonprofit organizations and charitable giving throughout the state. Major issues surrounding nonprofit regulation nationwide include the following:

• contribution limits,
• donor disclosure, and
• the redefinition of issue advocacy.

Utah is one of 39 states that require charitable organizations, and those intending to solicit on their behalf, to register with the state in order to solicit contributions, whether they are a Utah organization or based out-of-state. In Utah a number of groups and organizations are exempt from registration. Exemptions are not automatic; organizations must formally file to be exempt.^[9]

Utah is one of 32 states that allows registrants to use either the Unified Registration Statement (URS) or the state registration form.^[10] Only seven states requiring registration do not accept the URS.

According to Guidestar, an organization that reports on nonprofit companies, regulation of nonprofit activity protects donors and organizations from potential fraud and helps "to maintain trust in the [nonprofit] sector." According to the London School of Economics, nonprofit disclosure requirements can create privacy concerns among potential donors, thereby having an unintended negative impact on donor participation.[11][12]

Education Policy[edit]

Charter schools  •  Higher education  •  Public education  •  School choice

K-12 Public education[edit]

The Utah public school system (prekindergarten through grade 12) operates within districts governed by locally elected school boards and superintendents. In 2022, Utah had 606,998 students enrolled in a total of 945 schools in 42 school districts. There were 26,168 teachers in the public schools, or roughly one teacher for every 23 students, compared to the national average of 1:16. In 2020, Utah spent on average $8,366 per pupil.^[13] The state's graduation rate was 87 percent in the 2018-2019 school year.^[14]

Higher education[edit]

Utah's higher education system is composed of 36 colleges and universities. Of these, eight are public institutions, 11 are nonprofit private schools, and 17 are for-profit private institutions.^[15]

School choice[edit]

School choice is a term that refers to programs offering alternatives to assigned local public school options. Public school choice options include open enrollment policies, magnet schools, and charter schools. Other options include school vouchers, scholarship tax credits, and education savings accounts (ESAs).^[16][17]

Proponents argue that school choice programs improve educational outcomes by expanding opportunity and access for historically disadvantaged students. In addition, advocates claim that school choice programs empower parents and improve traditional public schools through competition. Critics contend that these programs divert funds from traditional public schools, thereby generating unequal outcomes for students. In addition, some critics argue that school voucher programs wrongly direct tax dollars to religious organizations, which operate many private schools.

Charter schools[edit]

Charter schools in Utah are public schools operated independently of public school systems, either by nonprofit or for-profit organizations. Although they are largely publicly funded, charter schools are exempt from many of the requirements imposed by state and local boards of education regarding hiring and curriculum. As public schools, charter schools cannot charge tuition or impose special entrance requirements; students are usually admitted through a lottery process if demand exceeds the number of spaces available in a school. Charter schools generally receive a percentage of the per-pupil funds from the state and local school districts for operational costs based on enrollment. In most states, charter schools do not receive funds for facilities or start-up costs; therefore, they must rely to some extent on private donations. The federal government also provides revenues through special grants. As of March 2017, 44 states and the District of Columbia had approved legislation authorizing the creation of public charter schools. Six states had not.

Election Policy[edit]

Ballot access requirements[edit]

In order to get on the ballot in Utah, a candidate for state or federal office must meet a variety of state-specific filing requirements and deadlines. These regulations, known as ballot access laws, determine whether a candidate or party will appear on an election ballot. These laws are set at the state level. A candidate must prepare to meet ballot access requirements well in advance of primaries, caucuses, and the general election.

There are three basic methods by which an individual may become a candidate for office in a state.

1. An individual can seek the nomination of a state-recognized political party.
2. An individual can run as an independent. Independent candidates often must petition in order to have their names printed on the general election ballot.
3. An individual can run as a write-in candidate.

This article outlines the steps that prospective candidates for state-level and congressional office must take in order to run for office in Utah. For information about filing requirements for presidential candidates, click here. Information about filing requirements for local-level offices is not available in this article (contact state election agencies for information about local candidate filing processes).

Redistricting[edit]

Redistricting is the process by which new congressional and state legislative district boundaries are drawn. Each of Utah's four United States Representatives and 104 state legislators are elected from political divisions called districts. United States Senators are not elected by districts, but by the states at large. District lines are redrawn every 10 years following completion of the United States census. The federal government stipulates that districts must have nearly equal populations and must not discriminate on the basis of race or ethnicity.^{[18][19][20][21]}

Utah was apportioned four seats in the U.S. House of Representatives after the 2020 census, the same number it received after the 2010 census. Click here for more information about redistricting in Utah after the 2020 census.

Voting[edit]

Election Information
2025 election and voting dates
Voter registration
Early voting
Absentee/mail-in voting
All-mail voting
Voter ID laws
State poll opening and closing times
Time off work for voting
Ballotpedia's Election Administration Legislation Tracker
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The policies governing voter participation are enacted and enforced primarily at the state level. These policies, which include voter identification requirements, early voting provisions, online voter registration systems, and more, dictate the conditions under which people cast their ballots in their respective states.

This article includes the following information about voting policies in Utah:

• Voter registration details, including deadlines and eligibility requirements.
• In-person voting details, including identification requirements, poll times, and early voting provisions.
• Absentee/mail-in voting deadlines and rules.
• Details about voting rules for people convicted of a felony.
• Contact information for election agencies.

Click here for more information about election administration in the state, including voter list maintenance policies, provisional ballot rules, post-election auditing practices, and additional election policy context.

For information on elections happening this year, click here.

Do you have questions about your elections? Looking for information about your local election official? Click here to use U.S. Vote Foundation’s election official lookup tool.

Energy Policy[edit]

Energy information[edit]

Energy policy involves governmental actions affecting the production, distribution, and consumption of energy in a state. Energy policies are enacted and enforced at the local, state, and federal levels and may change over time. These policies include legislation, regulation, taxes, incentives for energy production or use, standards for energy efficiency, and more. Stakeholders include citizens, politicians, environmental groups, industry groups, and think tanks. A variety of factors can affect the feasibility of federal and state-level energy policies, such as available natural resources, geography, and consumer needs.

Fracking[edit]

Read about Utah's state energy profile »

Oil and natural gas operations are generally concentrated in the Uinta Basin in northeastern Utah. As of May 3, 2017, Utah had 24,194 total wells drilled. Of that total, 13,874 oil and gas wells—57.3 percent—were wells capable of production; these wells included 11,634 producing wells (wells that are presently producing oil or gas) and 2,240 shut-in wells (wells that are capable of production but are not presently producing).^[22]

As of May 1, 2017, the Utah state government did not disclose the number of oil and gas wells that are hydraulically fractured in the state. According to the director of the Division of Oil, Gas and Mining in October 2012, "The process of hydraulic fracturing has been a commonly used method for obtaining production from oil and gas wells for many years in Utah and worldwide." According to Utah Gov. Gary Herbert (R) in December 2014, fracking has occurred in Utah since the 1960s. The governor stated in December 2014 at a meeting of the National Governors Association that approximately 80 percent of the wells spudded (when drilling begins) in Utah used hydraulic fracturing to recover oil and gas resources. According to the Utah Division of Oil, Gas and Mining, 1,006 oil and gas wells were spudded in 2013. Using Herbert's figure, around 805 oil and gas wells were stimulated by fracking in 2013.^[23][24][25]

The map below shows all active oil wells (in green) and active gas wells (in red) as of May 3, 2017. The map legend can also be found below. An interactive version of the map below can be accessed [1]].

Oil and gas map of Utah (as of May 3, 2017)

Oil and gas map legend

Environmental Policy[edit]

Environmental information[edit]

Environmental policy aims to conserve natural resources by balancing environmental protection with economic growth, property rights, public health, and energy production. Federal, state, and local government entities develop and implement environmental policies through laws and regulations. This page features information about environmental policy in Utah.

Endangered species[edit]

Endangered species policy in Utah involves the identification and protection of endangered and threatened animal and plant species. Policies are implemented and enforced by both the state and federal governments.

Finance Policy[edit]

Financial regulation information[edit]

The United States financial system is a network that facilitates exchanges between lenders and borrowers. The system, which includes banks and investment firms, is the base for all economic activity in the nation. According to the Federal Reserve, financial regulation has two main intended purposes: to ensure the safety and soundness of the financial system and to provide and enforce rules that aim to protect consumers. The regulatory framework varies across industries, with different regulations applying to different financial services.^[26]

Individual federal and state entities have different and sometimes overlapping responsibilities within the regulatory system. For example, individual states and three federal agencies—the Federal Reserve, the Office of Comptroller of the Currency (OCC), and the Federal Deposit Insurance Corporation (FDIC)—regulate commercial banks. Other sectors of the financial market are regulated by specific entities.^[27][28]

Some, such as the Brookings Institution, argue that expanded governmental regulation of banks and financial products (e.g., mortgages) can prevent large-scale financial crises, protect consumers from abusive practices, and stabilize financial markets. Others, such as the Cato Institute, argue that over-regulation of banks of banks and financial products burdens business, stalls economic growth, and does little, if anything, to stabilize financial markets. Beyond this basic debate about the role of the government in regulating the private financial sector, there are varying opinions about the proper extent of governmental regulation.^[29][30]

Healthcare Policy[edit]

Healthcare information[edit]

Healthcare policy in Utah involves the creation and implementation of laws, rules, and regulations for managing the state's healthcare system. The healthcare system consists of services provided by medical professionals to diagnose, treat, and prevent mental and physical illness and injury. The system also encompasses a wide range of related sectors, such as insurance, pharmaceuticals and health information technology.

According to the National Conference of State Legislatures, the 50 state legislatures collectively "make thousands of health policy decisions each year," not including the decisions made by local governments, which often oversee hospitals, and private bodies, such as insurers. These decisions can include budget appropriations, requirements for doctors obtaining their licenses, which services are covered by insurance, how personal health information is managed, and which immunizations children must receive, among many others.^[31]

Healthcare policy affects not only the cost citizens must pay for care, but also their access to care and the quality of care received, which can influence their overall health. A top concern for policymakers is the rising cost of healthcare, which has placed an increasing strain on the disposable income of consumers as well as on state budgets.

Other issues in healthcare policy include

• state Medicaid expansion,
• health information technology and privacy,
• uninsured and underinsured portions of the population,
• a shortage of primary care physicians, and
• mental healthcare access and coverage.

Medicaid spending[edit]

Utah's Medicaid program provides medical insurance to groups of low-income people and individuals with disabilities. Medicaid is a nationwide program jointly funded by the federal government and the states. Medicaid eligibility, benefits, and administration are managed by the states within federal guidelines. A program related to Medicaid is the Children's Health Insurance Program (CHIP), which covers low-income children above the poverty line and is sometimes operated in conjunction with a state's Medicaid program. Medicaid is a separate program from Medicare, which provides health coverage for the elderly.

Effect of the Affordable Care Act[edit]

The impact of the Affordable Care Act of 2010 (ACA), also known as Obamacare, has been debated among politicians, policymakers, and other stakeholders. The ACA was signed into law in 2010 by President Barack Obama (D). The law facilitated the purchase of health insurance through a system of health insurance exchanges, tax credits, and subsidies. Initially, states were required to expand eligibility for Medicaid under the law; a 2012 ruling by the United States Supreme Court made the Medicaid expansion voluntary for states. The law also required insurers to cover healthcare services within a standard set of benefits and prohibited coverage denials based on preexisting conditions. Under the law, all individuals were required to obtain health insurance.

Immigration Policy[edit]

Immigration information[edit]

Immigration policy determines who may become a new citizen of the United States or enter the country as a temporary worker, student, refugee, or permanent resident. The federal government is responsible for setting and enforcing most immigration policy.

Meanwhile, states assume a largely supportive role, enacting their own supplementary laws and setting policies that may, for example, determine which public services immigrants can access, establish employee screening requirements, or guide the interaction between related state agencies and their federal counterparts.

Some jurisdictions, including some states, cities, and counties, have adopted policies of not cooperating with federal immigration enforcement; these jurisdictions have become known as sanctuary jurisdictions.

Pension Policy[edit]

Public pensions[edit]

Utah public pensions are the state mechanism by which state and many local government employees in Utah receive retirement benefits.

There were ten public pension systems in Utah as of 2020. Of these, eight were state-level programs while the remaining two were administered at the local level. Membership in Utah's various pension systems totaled 228,536, as of fiscal year 2020. Of these, 99,937 were active members.^[32]

Public policy in other states[edit]

Footnotes[edit]

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