Studies and Briefings
Before members reach a position on an issue, it is essential that they have an opportunity to become informed. League studies give members an opportunity to examine the facts and discuss key points. The studies cited below are those done most recently. The links will take you to an online version of the full study.
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An update to past LWV Utah water studies. This report examines water uses in Utah focusing on Great Salt Lake and Colorado River Basin.
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This briefing examines the evolving interpretation of the Second Amendment, national and local firearm legislation, violence statistics, prevention practices and safety strategies. It concludes with ideas for improving Utah firearm laws and resident safety.
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An in-depth look at Utah’s voting and election procedures, including a review of relevant statutes, responses to a survey of Utah’s county clerks, and media statements
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The purpose of this briefing is to inform League members about current and proposed legislation controlling ballot initiatives in Utah, and to consider whether the use of ballot initiatives to chart policy leads to good government.
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An in-depth look at Utah legislative bills from 1975-2020
and how they affect a woman’s right to health care decisions.
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STATEMENT OF PURPOSE: The Transfer of Public Lands Movement is an educational study that explores how the U.S. public lands came to be and what they provide both economically and culturally, and the consequences to the future of these lands and public access to them, if the Transfer of Public Lands Movement succeeds.
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Statement of Purpose: This study is to inform League members about the need to advocate for clean energy and to give them the means to do so, with the goal of decreasing the greenhouse gas emissions warming our climate.
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This briefing attempted to make sense of the different methods of waste management with a focus upon recycling along the Wasatch Front. Utah recyclers are facing issues of finding new markets. Waste managers and recyclers have to deal with mixing of recyclables (called contamination) with materials that cannot be recycled.
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A briefing of Utah agriculture was initiated with an appreciation of farming and ranching lifestyles, the esthetic values of farms and farmland, and a community-expressed preference for eating food grown locally. We began our research with concern for the future of Utah farming and ranching and whether it will be a viable occupation in the future, and with skepticism about resident’s hopes for food sustainability and the ability to grow enough food to sustain a growing population. Not all the information sought was found, but you will see data on crops and animal products, agriculture industry’s contribution to the state economy, challenges to the future of farming and ranching, and strategies for preserving agriculture.Item description
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The study on Ranked Choice Voting also known as Instant Runoff Voting was re-
viewed in a section of a 2005 study by the LWV Utah. The 2005 study was based
on the League ofWomen Voters of Metropolitan Phoenix titled Major Election Sys-
tems.
The purpose of this study is to provide background information about Ranked Choice Voting. The study does not offer solutions or proposals for change, nor does it assume that changing the current system is necessarily desirable. This study is focusing solely on current Utah voting practices and how Ranked Choice Voting, if used in Utah may either be helpful or unfavorable to the State’s elections.
LWV Utah Position:
1. The League of Women Voters believes Ranked Choice Voting could be a fair and representative election system in Utah.
2. The League believes that Ranked Choice Voting would give more voters a larger voice throughout election campaigns and in the selection of final winners in the voting process.
3. The League supports Ranked Choice Voting and believes it could be a better option than the current system.
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The purpose of this study is to educate the League of Women Voters of Utah (LWVUT) membership and come to consensus on Death with Dignity legislation. Currently there is no League of Women Voters of the United States (LWVUS) position on Death with Dignity.
LWV Utah Position:
1. The League of Women Voters of Utah believes state laws should grant the option for a
terminally ill person to request medical assistance from a relevant, licensed physician to
end one’s life.
2. The League of Women Voters of Utah believes such legislation should include
safeguards against abuse for the dying and/or medical personnel.
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The League of Women Voters briefing of Public Defense in Utah is based on the Sixth Amendment to the United States Constitution which guarantees those accused of crimes the right to a speedy, public trial by an impartial jury with the assistance of counsel for their defense. United States Supreme Court decisions related to this amendment guarantee the right to counsel in all cases that may have incarceration as a consequence.
The American Bar Association and the Utah Judicial Council have developed criteria to judge the quality of legal representation provided to defendants. These standards can be used to determine the adequacy of the defense being provided to indigents.
Our study reviewed recent published studies by the Sixth Amendment Center and the American Civil Liberties Union of Utah. They presented evidence that under the present implementation of legislation those accused of crimes in Utah often go to trial without counsel or with counsel that does not meet these criteria. This is in spite of the fact that Utah Code currently sets forth a requirement to provide defense counsel for each indigent who faces the potential deprivation of liberty.
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This briefing covers the prevalence of sexual violence in Utah, the relationship of sexual violence to physical and mental health, the experience of a mental health professional and the story of a sexual violence victim, sexual violence in correctional facilities, confinement and various housing types. It also considers community attitudes toward sexual violence and sex offender sentencing, treatment and prevention.
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The purpose of this briefing is to inform people in Utah that uman trafficking exists by educating and expanding member awareness about the horrific human rights violations that are occurring worldwide, and yes, right here in Utah.
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The purpose of this study is to educate the public on the challenges that need to be addressed when moving the Utah State Prision. Though this briefing’s scope is apparently much more limited than those of League’s previous studies since it is focused on the single topic of relocation, the decisions to be made go to the heart of the philosophy and practice of corrections.
LWV Utah Position
The League feels the economic development potential of the Draper prison property should not drive or be the leading factor of relocation decisions. Economic development should be peripheral to the vital issues facing the corrections system such as reducing the rates of incarceration and recidivism.
The League believes improving the correction system should precede decisions concerning relocation or rebuilding. The League believes the legislature should work with the judicial system, the corrections system and other related agencies to evaluate sentencing. The League believes programs that have been shown to reduce recidivism should be established and funded.
The League supports alternatives to enlarging the prison. Some examples of these alternatives include sentencing reform, drug courts to reduce incarceration rates, programs to prepare inmates to successfully return to society, expanding mental health treatment and parole reform.
The League does not support moving the existing prison to a location which disconnects various support systems that exist for the prison, including correctional staff, professionals and volunteers who work with the prison population, victims and families of prisoners.
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The intent of this update is to highlight changes to Utah’s tax system since the League’s 1992 study. Major changes in taxes and new concerns are addressed such as the change from a progressive income tax to a single rate in 2008. Expenditures and transfers of revenue between governmental entities are not discussed.
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The intent of this briefing is to provide a detailed look at Utah public education funding from 1993 through 2011. It is primarily an education tool for League of Women Voter members but is also available for all Utahns concerned about public education.
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The purpos of this update is identity whether there are laws, regulations, and other government programs that contribute to Utah’s low voter participation.
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The study is narrowed to with how Utah accounts for water and how it is managed, not with water quality either for human purposes or wildlife.
LWV Utah Position:
Utah water policies should be structured to address human needs while protecting the integrity of water tables, lakes, streams, wetlands and their attendant wildlife. Instream flows and conservation pools should be established for the state’s natural waters.
Environmental safeguards must recognize the interrelationships among water, air, land resources and wildlife.
Stringent controls must ensure protection of surface supplies and recharge areas for principal aquifers and the overall integrity of the surface and ground water in our water basins.
The public must understand the limits of our water resources and the costs to the environment and the economy of our current and projected water use.
Water conservation should preferentially result in enhancement of the natural environment rather than be directed only to growth and economic development. Sustainable economic development should be conditioned on the availability of water for projected use.
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This is a study of Redevelopment Agency (RDA) laws and their implementation in Utah to determine if current law is in the best interests of the economic well being and civil rights of Utah citizens and if there are changes to be made to improve the law.
LWV Utah Position:
The League of Women Voters of Utah supports local government having the necessary powers, including narrowly-restricted eminent domain capability, to improve blighted areas of a community. Such powers are important in areas with significant physical or social problems which block redevelopment through normal market forces.
The League supports local government having limited powers to encourage economic development. Redevelopment and economic development should be undertaken within clearly stated parameters, including years of tax investment and budget.
The League supports measures that will require greater transparency in the operation of redevelopment agencies, especially requiring agencies to produce standardized annual reports with descriptions of projects undertaken and annual audits of financial activity by project area. Such reports, which include tax receipts, administrative cost, debts, project specific expenditures and benefits, should be made available free to the public both electronically and at public libraries.
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Study not available.
LWV Utah Position:
The League supports bias-motivated crimes laws that make it clear that conduct, not speech or thought, is being punished. Further, the League supports bias-motivated crimes laws that assure equal protection under law by listing groups that are “neutral on their face”, i.e. race, not African-American; religion, not Baptist.
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Study not available.
LWV Utah Position:
The LWV supports the 1990 law that created a process for approving commercial landfill waste sites for garbage, hazardous and radioactive waste. The law requires approval by all of the following: local officials, the state Division of Radiation Control, the Legislature and the Governor. Further, the League supports prohibiting storage of higher levels of low-level radioactive waste in landfills without approval of both the Legislature and the Governor. Public input must be part of the decision-making process.
The League supports:
Frequent review and adjustment of nuclear waste taxes and regulatory fees.
Legislation to increase the interval between service on regulating bodies and employment by regulated industries from 2 years to 5 years in order to decrease conflicts of interest.
Adequate dedicated perpetual care funds for all radioactive waste storage facilities vital to assure public safety for at least a century beyond site closure.
Regulation and supervision of any new mill tailings sites created when dormant or new uranium mines are brought into production.
The League has safety concerns about transportation of high level nuclear waste into and through the State of Utah
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Study not available.
LWV Utah Position:
Any water policy or fee should meet the following standards:
Transparency - easily identified and understood
Voter approval - approved by direct vote of the citizenry or elected representatives
Time limitation - Subject to time limits or scheduled sunset review
Furthermore, a robust public discussion on water policy is critical in a state where water is limited, rapid growth is predicted, and competing environmental and lifestyle choices must be considered.
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This study describes the current players who promote and carry out the policies of the “Juvenile Justice System.” The study describes all major aspect’s of the system’s complex organization, its major componentent and their critical functions and
LWV Utah Position
The League of Women Voters of Utah supports the three goals of the 2001 Utah Juvenile Justice System mission statement, "Balanced and Restorative Justice":
- protection of the public's right to live in a safe and secure setting;
- the obligation of an offender to restore to the victim and to the community the loss created by the offender's actions; and
- development while under the jurisdiction of the juvenile justice system of an offender's competency to be a responsible and productive citizen.
The League supports a Juvenile Justice system with: uniform access to programs and services statewide for the rehabilitation of all youth offenders, but tailored to urban/rural needs and relying on community resources; early risk assessment tools and early intervention schemes developed in conjunction with local police, schools, families and communities to help keep offenders out of the system with the caveat that there be frequent evaluation of these experimental programs for reliability, accuracy and validity, especially to ensure that minority youth are not negatively impacted; professional evaluation and assessment of all ongoing programs, services, staff and facilities, including their relationship to recidivism rates as well as budget and administrative considerations; retention of the current system organization with the Juvenile Court administering all probation activities and cooperating with the Division of Youth Corrections and with continuing oversight by the Auditor General.
We support Legislative action to improve the Juvenile Justice system by: providing more facilities and treatment options designed for female youth offenders; ensuring that minority youth receive unbiased and equal treatment in all aspects of the system, including intake; increasing treatment options for mentally ill offenders; increasing the number of attorneys and staff with juvenile justice expertise; increasing programs for youth in transition from secure care to parole in order to reduce recidivism; implementing the Auditor General’s recommendation to recognize and stabilize funding for the Criminal and Juvenile Justice Consortium as the system’s research and evaluation agency; reducing placements of youth out-of-state, where adequate monitoring is impossible.
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This study describes the current players who promote and carry out the policies of the “Juvenile Justice System.” The study describes all major aspect’s of the system’s complex organization, its major componentent and their critical functions and responsibilities.
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The purpose of this study of crime, punishment and rehabilitation f is to improve decision making through discussion and increased community involvement to reduce the number or parolees returning to prison for technical violations by finding cost-effective alternative sanctions of some types of crimes.
LWV Utah Position
The League of Women Voters of Utah believes that effective reintegration into society should be the primary focus of prison programs. Inmates should have access to Transition Services which assist them in this reintegration process. We also support educational programs for literacy, high-school diploma or GED and vocational training. The League believes that female inmates should have the same access to education, jobs, programming and recreational facilities as male inmates.
The LWV supports the enforcement of minimum standards established federally for jails, and believes that all facilities public or private, housing state offenders, should be monitored to ensure compliance to state standards as well as be subject to public oversight. The League believes that the same standards for access to health care, education, recreation, and visitation should be applied to all inmates.
Placement of an inmate in a county jail should take the specific needs and privilege level of the individual into account.
The LWV recognizes the continued need for correction facilities, but is opposed to the private ownership or management of prisons. We do support the increased use of Community Corrections Centers and Day Reporting centers. These facilities, whether public or private, can provide effective rehabilitative services to certain offenders outside the prison setting.
The LWV also supports legislation and funding to promote rehabilitative programs that operate outside the jurisdiction of the Department of Corrections if those programs have been proven to be effective. The Drug Court program is an example.
The LWV believes the funding for the officers of the Division of Field Operations, within the Department of Corrections, should be sufficient to maintain manageable caseloads for the oversight of probationers and parolees in order to reduce recidivism.
The LWV believes that the salaries of Department of Corrections officers should be competitive with those of corrections personnel in county and municipal facilities within Utah.
We encourage the Utah Department of Corrections to seek out effective communications and diversity training programs for officers and inmates but do not support this issue as a separate funding priority.
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The purpose of this study is to evaluate whether the Utah LWV’s 1985 position on Voter Registration and Voting is a viable position and based on US-LWV goal to increase voter access and participation in the electoral process.
Based on the study the LWV Utah position on Election Laws & Procedures (1985) was amended to delete:
“The League is opposed to registration on Election Day.”
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The purpose of this study is to identify impacts of mineral development on the Kaiparwits Plateau on the social, environmental, and economic resources of Utah, using the Andalex Coal Mining as a case study.
LWV Utah Position:
The League believes that protection and management of natural resources are responsibilities shared by all levels of government. The League supports comprehensive long-range planning that takes into consideration environmental, public health, safety, social and economic impacts of development.
Environmentally sound use of energy resources, with consideration of the entire cycle of energy production;
Identification and regulation of areas impacted by public or private investment where siting results in secondary environmental and socioeconomic impacts;
Reclamation of lands damaged by surface mining, waste disposal and other activities such as road or rail building;
At least partial payment by beneficiaries (developers) for the cost of infrastructure required for project operation.
The public has a right to participate in decision-making at each phase in the process and at each level of government involvement. Officials should ensure that the public has adequate information to participate effectively. Public records should be readily accessible at all governmental levels.
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The study provides a foundational understanding of Utah’s Tax System with consideration for ability to meet growth needs, evaluating earmarked funding for education, equitable tax, purpose of tax exemption, and progressive tax systems.
LWV Utah Position:
Utah income taxes should be more progressive. Tax brackets should be spread so that the top rate is reached at a higher income level and the tax rate on higher incomes should be increased.
All current sales tax exemptions should undergo periodic review, and there should be a formal procedure for review of proposed sales tax exemptions.
The cost and benefit criteria used to evaluate proposed sales tax exemptions should include: the number of new jobs created if the exemption is granted; the median wage level for newly created jobs; other additional tax revenue if exemption is granted; lost sales tax revenue; perceived fairness to other taxpayers; and environmental impact
Property tax exemptions should be removed from the Constitution and enacted by statute.
Based on cost-benefit analysis, reductions in the number of exemptions should be made. Exemptions for charitable organizations should be narrowed.
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The last LWVUT study on housing, Wanted: More Homes (1977), told stories not of homeless people, but Utahns living in substandard housing. This study addresses the issues of homelessness and those at risk of being homeless.
LWV Utah Position:
The League of Women Voters of Utah believes that state and local governments should pursue actions which address the problem of homeless persons, increase the supply of decent, affordable, housing for both renters and owners and pursue actions which insure access to that housing. Specific action areas are:
Homelessness: Utah should continue support of programs giving shelter to the homeless. However, emphasis should be given to programs that assist homeless persons make the transition to self-sufficiency and permanent housing. Increased use should be made of homes and properties that are available through government agencies at below-market prices. The State should also emphasize programs that prevent people from falling into a state of homelessness, such as mortgage counseling for families in danger of losing their homes.
Fit premises: The State Fit Premises Law should be amended to provide better protection to both landlords and tenants.
Fair Housing: Opportunities for purchase or renting of homes and for borrowing money for housing should not be restricted because of discriminatory reasons. Speedy resolution of fair housing complaints should be ensured by enacting additional State legislation in keeping with national fair housing legislation and by adequate funding for enforcement of the law.
Affordable housing: Housing problems are complicated and interrelated, and providing affordable housing requires multifaceted responses and development of many funding sources. State and local governments should ensure that more housing units are kept viable through housing rehabilitation programs and by using a larger proportion of the federal Small Cities Community Development Block Grant for housing rehabilitation.
Government agencies at all levels should take full advantage of federal funds available by establishing flexible housing trust funds with a dedicated funding source. They should also actively encourage other housing programs such as: community outreach by lenders, rental assistance programs, developing nonprofit housing corporations, utilizing Farmers Home Administration (FmHA) grants and loans and securing additional certificates and vouchers for public housing.
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The purpose is to study the link between education and economic development.
LWV Utah Position
The League of Women Voters believes that quality public and higher education promote economic development.
The League advocates economic development in Utah through a strong higher education system which provides (1) basic research which can attract high technology industries to Utah, (2) programs that facilitate the transfer of technology from higher education to industry, (3) programs that provide a work force well educated for the economy of the future, and (4) retraining capabilities for the current work force.
The League advocates economic development in Utah through a strong public education system which (1) attracts and keeps Utah workers who demand a good education for their children and (2) prepares students to be trained for the work force of the future.
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The briefing provides education on the Job Training Partnership Act. JTPA promotes a partnership between the public and private sectors at the local level to design and implement job training programs “to prepare youth and unskilled adults for entry into the labor force and to afford job training to those economically disadvantaged and other individuals facing serious barriers to employment.
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The study examines Utah’s election laws with regard to simplicity, fairness, and protection of individual rights. The study reviews the system of selecting candidates, the system of voter registration, and the election process itself.
LWV Utah Position
Registration. The League of Women Voters of Utah supports the present registration system which provides a variety of ways for citizens to register to vote including:
in-person registration
by-mail registration
volunteer registration assistants
registration by interested organizations
registration days with paid registration agents
However, the League believes that the present systems could be improved in the following ways:
There should be more information about various methods of registration and location of by-mail registration forms.
The registration form should be simplified.
Consideration should be given to making registration days more effective by reducing the number of days, by centralizing registration locations or by other methods.
Citizens should be able to register to vote when they apply for a driver's license.
At 1997 state Convention the following position was deleted: “The League is opposed to registration on Election Day.”
Campaign Finance. The League of Women Voters of Utah believes that the public has a right to know the source of candidates' campaign funds. We believe that candidates for the Utah legislature should be required to file campaign financial statements both before and after the election. In addition, all candidates for county and municipal offices should be required to file financial statements.
The League believes that Political Action Committees (PACs) should be required to register with the Lieutenant Governor's Office, to report their membership and to file financial statements.
Candidate Selection. (position amended 2011). The League of Women Voters supports a candidate selection process that permits and encourages the maximum participation of candidates and voters throughout the candidate selection process. We believe that the state primary should take place in September. We are opposed to registration by party affiliation and to the institution of a presidential primary in Utah.
Elections. The League of Women Voters of Utah believes that there should be more public information about the location of polling places in Utah. We believe that training for election officials should be mandatory. We also believe that voting district size should be allowed to vary by county.
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The purpose of the study was to 1) examine the regulatory system in Utah and the role of public service commission, 2) define the factors involved in setting utility rates, 3) study the relationships of utilities, energy and conservation, 4) evaluate the impact of utility costs on low-income customers.
LWV Utah Position:
The League of Women Voters of Utah believes that the utility regulatory structure in Utah provides for effective consumer representation but is not fully used. More staff, expert testimony, and independent analysis could strengthen the consumer voice. We recommend increased regulatory tax assessments to more adequately fund the regulatory agencies, particularly the Committee on Consumer Services. More active consumer participation in the regulatory process should be encouraged by the state through public information and education.
The League supports appointment rather than election of Public Service Commission members. The check-and-balance effect of gubernatorial appointment and senate confirmation is more likely to result in qualified, knowledgeable, and impartial commissioners. The Commission has a responsibility to both ratepayers and utilities and is more insulated from special interest pressure if members are appointed.
The League is aware that there are many complex factors involved in determining utility rates. We believe the cost of service should be a primary consideration in setting rates, but the encouragement of conservation is vital. Incentives in the rate structure, such as peak-load pricing, should be used to encourage efficient energy use.
The League recognizes that basic energy utility services are essential to members of modern society. Financial assistance for those unable to pay for these services should be provided primarily by taxpayers through government social services. In addition, we support voluntary contributions to assistance programs and believe ratepayer subsidization of low income consumers should be considered.
The League believes that the State of Utah should take action to influence the cost of utility services by:
Increasing state and public participation in planning and regulating future energy sources.
Encouraging energy conservation by education, economic incentives, weatherization, and use of alternative energy.
Funding the regulatory process adequately to ensure sufficient independent expert testimony and analysis.
Assisting low-income consumers to meet basic utility needs.
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The LWV US has a long history of concern for child welfare issues and has focused special attention on child care services for participants in income assistance programs. Severa local leagues in Utah have studied child care in their own communities. This study is the first broad-based state League look at child care needs for children in all types families.
LWV Utah Position:
The League has supported increased state appropriations for child care for low income families under the LWVUS position in order to assure equal access to employment, education and training. The 1983 state convention adopted a child care study to review the child care issues and problems facing Utah families. As a result, The Child Care Challenge was published in 1984 and led to a position statement that same year.
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Second of a 3-part series in evaluation of the Utah Division of Corrections findings and recommendations resulting from a review of corrections conducted April -May 1983.
LWV Utah Position:
The League of Women Voters of Utah believes that effective reintegration into society should be the primary focus of prison programs. Inmates should have access to Transition Services which assist them in this reintegration process. We also support educational programs for literacy, high-school diploma or GED and vocational training. The League believes that female inmates should have the same access to education, jobs, programming and recreational facilities as male inmates.
The LWV supports the enforcement of minimum standards established federally for jails, and believes that all facilities public or private, housing state offenders, should be monitored to ensure compliance to state standards as well as be subject to public oversight. The League believes that the same standards for access to health care, education, recreation, and visitation should be applied to all inmates.
Placement of an inmate in a county jail should take the specific needs and privilege level of the individual into account.
The LWV recognizes the continued need for correction facilities, but is opposed to the private ownership or management of prisons. We do support the increased use of Community Corrections Centers and Day Reporting centers. These facilities, whether public or private, can provide effective rehabilitative services to certain offenders outside the prison setting.
The LWV also supports legislation and funding to promote rehabilitative programs that operate outside the jurisdiction of the Department of Corrections if those programs have been proven to be effective. The Drug Court program is an example.
The LWV believes the funding for the officers of the Division of Field Operations, within the Department of Corrections, should be sufficient to maintain manageable caseloads for the oversight of probationers and parolees in order to reduce recidivism.
The LWV believes that the salaries of Department of Corrections officers should be competitive with those of corrections personnel in county and municipal facilities within Utah.
We encourage the Utah Department of Corrections to seek out effective communications and diversity training programs for officers and inmates but do not support this issue as a separate funding priority.
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The study focuses on:
What is the present school finance program for maintenance and operation of schools? What are the possible sources for increased revenues for schools?
What is the present program for financing capital outlay? What are the alternatives to building new school?
What factors contribute to a quality education program? What are the challenges to providing a quality educational program? Are there ways to maintain and improve the quality of education in Utah?
LWV Utah Position:
I. The League supports additional funding for public education. The amount of spending on education per $1,000 of personal income has dropped continuously from 1995. The League supports increases in basic funding which can be most efficiently managed locally by school districts and schools.
II. The League supports increasing equity in public education funding through increased state level funding and substantial increases to the percentage of property taxes subject to the basic levy.
III. The League supports specialized funding for some students, such as students who primarily speak a foreign language and/or students who live in poverty. At the same time, the League urges public education officials to ensure that all students are not shortchanged by specialized funding. The League also supports more funding for pre-school through third grade students who can benefit from early education programs.
IV. The League supports transparency in public education funding programs, including:
- Transparency, disclosure and recusals for legislators with conflicts of interest
- Specific measurable goals for each public education program.
- Sunset dates and program evaluation milestones which must be met for program continuation
-Reasonable program justification through demonstrated previous success.
V. The League supports funding for improved evaluations of public schools, especially through alternative and longitudinal evaluations that demonstrate student readiness for careers or college.
Current standardized education tests are overemphasized, take too many teaching days and may not adequately measure student success and college/career readiness.
VI. The League urges improved accountability, evaluation and transparency in publicly-funded charter schools. Charter schools receive local funds distributed by the state legislature, which reduces local control and should be clearly identified.
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The study is a comparison of community property statutes and common law provisions as they pertain to management and control during marriage, and to disposition of property when a marriage ends in divorce or the death of one spouse.
LWV Utah Position
he League of Women Voters supports a statutory definition of marital property which establishes automatic co-ownership of property acquired by the efforts of either spouse during the marriage.
Under such a definition each spouse should have the right to dispose of his/her share of marital property by will. In case of death, the marital property share of the surviving spouse becomes the survivor's separate property without going through probate.
In disputes dealing with management and control of marital property, the courts might provide counseling and arbitration services as an alternative to forcing spouses to seek legal redress. In divorce settlements, the League supports the presumption of equal division of marital property with the provision that judges retain the discretion to modify that distribution if extenuating circumstances exist.
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Challenges of the Future for Utah’s Water Policies Part II: Water Supply. This study discusses water pollution and water quality management. It concludes with a discussion of selected water problems and issues likely to assume importance as Utah’s citizens and policy makers attempt to deal with the challenges of growth and developmend.
LWV Utah Position:
The League of Women Voters of Utah recognizes that water laws and water management institutions affect the future development of Utah. The League believes that the public must be involved in regulatory and policy decisions about water at the state and local level. Government has a responsibility to encourage public participation and to create mechanisms for public access to these institutions. Appointed members of water policy and regulatory boards should reflect a variety of interests and should serve a limited number of terms.
The Safe Drinking Water Committee and Water Pollution Control Committee should promulgate and enforce regulations as well as formulate state policy. Their membership should reflect a balance of geographical representation as well as public and private interests. The League supports changes to increase the number of members who represent the public on water policy and regulatory boards.
The Board of Water Resources should have a broad citizen representation. The League supports the concept of geographical representation on this board, but also supports changes in composition to better reflect population.
Water Conservancy District Boards should be made more representative of the public they serve by use of criteria and guidelines for appointment, by direct election of members and/or by limiting the number of terms members may serve.
The League believes that the state should maintain a current survey of all water resources, ground and surface, and a current adjudication of water rights. We support adequate state funding to implement these functions. The state of Utah should establish a policy for water rights conversions; this policy should incorporate land use considerations.
The League supports changes in Utah water law to (1) permit "public interest" to take precedence over "first in time" as criteria for granting any remaining unappropriated water rights, (2) permit appropriation of water rights for a defined time period, and (3) include "instream flows" as a water right. The Utah Legislature should periodically establish a definition of "public interest".
State and local government should encourage, and when necessary require, water conservation. Public education programs are a necessary first step towards conservation.
We support dual water systems as an efficient use of water. We support changes in laws governing dual water systems, including but not limited to health and safety precautions, health department approval and placing both culinary and outdoor systems under the same management.
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The study focuses on the reapportionment in Utah with an overview of the process across the nation and the history of its beginning.
LWV Utah Position
The League supports establishment of a bipartisan commission for reapportionment.
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The study provides summary of the tax changes passed by the 1979 Legislature and five initiative amendments: property exemption (HJR25), livestock exemption (HJR23), school financing amendment (HJR31), executive article amendment (SJR7), women and prisoners amendment (SJR11).
The most important criteria for evaluating taxes are adequacy and equity. A major consideration from the standpoint of government is adequacy, or whether the tax produces the necessary amount of revenue.
From the point of view of the taxpayer, it is important that taxes are fair and equitable both for those in similar economic circumstances and those at different economic levels. Other important criteria are benefits received, stability, responsiveness and simplicity. Taxpayers should receive adequate benefits, either direct or indirect, from taxes they pay. There should be a mix of stable taxes, which produces a predictable amount of revenue regardless of economic fluctuations, and responsive taxes, which increase or decrease according to the ups and downs of the economy. A tax that is easy to understand and comply with is more acceptable than one that is not.
The main strength of the Utah tax structure is that it is broadly based and well balanced. The main weakness is the regressiveness of the sales tax on food, which places an undue burden on low income and elderly people.
Earmarking of taxes for a specific purpose is appropriate in some cases, but should be used with restraint so that flexibility is not limited. If a tax is earmarked, there should be a logical relationship between the tax and its use.
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The study is a the fourth in an evaluation of the corrections system in Utah. It is a brief summary of some of the significant changes that occurred since the fall of 1976.
The 1975 convention adopted a study item which resulted in three publications entitled “Crime and ?”. The first two publications, issued in 1976, included Part I - The Adult Offender, Part II - The Juvenile Offender and Part III - Change and Unification. The third publication was a Postscript issued in 1978. These publications led to a statement of position, and in 1979 State Convention called for action to encourage the establishment of jail standards and community corrections facilities.
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The study is the first of two parts (see Making Sense of Taxation Changes 1979). It contains a discussion of the background of taxation and an explanation of all state taxes and revenues.
LWV Utah Position
The most important criteria for evaluating taxes are adequacy and equity. A major consideration from the standpoint of government is adequacy, or whether the tax produces the necessary amount of revenue.
From the point of view of the taxpayer, it is important that taxes are fair and equitable both for those in similar economic circumstances and those at different economic levels. Other important criteria are benefits received, stability, responsiveness and simplicity. Taxpayers should receive adequate benefits, either direct or indirect, from taxes they pay. There should be a mix of stable taxes, which produces a predictable amount of revenue regardless of economic fluctuations, and responsive taxes, which increase or decrease according to the ups and downs of the economy. A tax that is easy to understand and comply with is more acceptable than one that is not.
The main strength of the Utah tax structure is that it is broadly based and well balanced. The main weakness is the regressiveness of the sales tax on food, which places an undue burden on low income and elderly people.
Earmarking of taxes for a specific purpose is appropriate in some cases, but should be used with restraint so that flexibility is not limited. If a tax is earmarked, there should be a logical relationship between the tax and its use.
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Study not available.
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The purpose of the briefing is to 1) update the information in the study “A Survey of Health Care in Utah” (1974) and 2) analyze ways to promote full development of human potential through equal access to health services - discussing in some detail several long term care programs.
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Study not available.
LWV Utah Position:
The League of Women Voters of Utah, fully cognizant of the problem of energy supply and demand in the state and in the nation, recognizes that Utah possesses many resources that can be used in the solution of this problem. The League is concerned that these resources be used in a way that protects the environmental, social and economic needs of our citizens and citizens of the nation.
The League believes that local governments possess the best information about their particular communities and thus have the primary responsibility for initiating and implementing thorough planning for community needs in areas facing the impact of growth due to energy development. Communities should bear the cost of capital improvements as much as possible, but they should require contracts with developers regarding providing for community needs.
Counties should cooperate with municipalities and with each other in planning for growth and should share revenues with impacted communities. State law should enable this type of cooperation, even across county lines.
The state of Utah should maintain guidelines for local communities to follow in planning for orderly development and should offer them technical and planning assistance. The state should give direct aid to local units of government for capital improvements with guidelines to insure that the revenue is used properly. Standards of accountability should be part of the formula for distribution of state funds. State law should allow a variety of uses for front-end money paid by a developer to a community. A state severance tax on energy sources should be levied.
The federal government has a responsibility to assist regions in which the impact of energy development crosses state lines. Early financial assistance and planning guidelines for impacted communities should be provided.
The developer of an energy resource has the major responsibility to an impacted community and to its own employees for planning and providing services as needed. The developer is also responsible for accurate and timely impact and technical data, submitted in writing at regular intervals to the local government. It is preferable that industry recognize this responsibility and voluntarily comply by exchanging information with local government; however, if this responsibility is ignored or abused, the League of Women Voters of Utah supports legislation to require compliance. The developer is further responsible for meeting environmental standards as required by state and federal law.
Consumers must share the financial cost of meeting energy demands, but they should be allowed to participate in the decision making process. Consumers have the primary responsibility to conserve energy.
The present system of siting energy resource development is inadequate and inefficient. It does not always allow full citizen participation in decision-making. The League supports formation of an agency at the state level to consolidate and coordinate many such siting decisions, but only if it provides a system of checks and balances among government, private interests and citizen, and provides for adequate citizen participation at all stages of the process.
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Study not available
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Part I is a study of the corrections system in Utah (see Corrections System in Utah 1978). It first surveys briefly general theories of punishment a sentencing, then it presents information about the state prison and local jails. Finally it takes a look a ex-offenders a the complex problems which confront them.
Part II and III turn to the juvenile justice system and to recommend changes in the system in Utah as presented in the study by the John Howard Association.
Read the Part I: The Adult Offender
Read Part II (Juvenile) and III (Look at Change)
LWV Utah Position
The 1975 convention adopted a study item which resulted in three publications entitled “Crime and ?”. The first two publications, issued in 1976, included Part I - The Adult Offender, Part II - The Juvenile Offender and Part III - Change and Unification. The third publication was a Postscript issued in 1978. These publications led to a statement of position, and in 1979 State Convention called for action to encourage the establishment of jail standards and community corrections facilities.
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The study provides an overview of planned energy development sites in Utah, the energy crisis, the impact of the cost of energy, energy conservation, and what should be included in an energy policy.
LWV Utah Position:
The League of Women Voters of Utah believes that the utility regulatory structure in Utah provides for effective consumer representation but is not fully used. More staff, expert testimony, and independent analysis could strengthen the consumer voice. We recommend increased regulatory tax assessments to more adequately fund the regulatory agencies, particularly the Committee on Consumer Services. More active consumer participation in the regulatory process should be encouraged by the state through public information and education.
The League supports appointment rather than election of Public Service Commission members. The check-and-balance effect of gubernatorial appointment and senate confirmation is more likely to result in qualified, knowledgeable, and impartial commissioners. The Commission has a responsibility to both ratepayers and utilities and is more insulated from special interest pressure if members are appointed.
The League is aware that there are many complex factors involved in determining utility rates. We believe the cost of service should be a primary consideration in setting rates, but the encouragement of conservation is vital. Incentives in the rate structure, such as peak-load pricing, should be used to encourage efficient energy use.
The League recognizes that basic energy utility services are essential to members of modern society. Financial assistance for those unable to pay for these services should be provided primarily by taxpayers through government social services. In addition, we support voluntary contributions to assistance programs and believe ratepayer subsidization of low income consumers should be considered.
The League believes that the State of Utah should take action to influence the cost of utility services by:
Increasing state and public participation in planning and regulating future energy sources.
Encouraging energy conservation by education, economic incentives, weatherization, and use of alternative energy.
Funding the regulatory process adequately to ensure sufficient independent expert testimony and analysis.
Assisting low-income consumers to meet basic utility needs.
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The study examines the oil-shale resources as an option to stabilize the future energy situation.
LWV Utah Position:
The League of Women Voters of Utah believes that the utility regulatory structure in Utah provides for effective consumer representation but is not fully used. More staff, expert testimony, and independent analysis could strengthen the consumer voice. We recommend increased regulatory tax assessments to more adequately fund the regulatory agencies, particularly the Committee on Consumer Services. More active consumer participation in the regulatory process should be encouraged by the state through public information and education.
The League supports appointment rather than election of Public Service Commission members. The check-and-balance effect of gubernatorial appointment and senate confirmation is more likely to result in qualified, knowledgeable, and impartial commissioners. The Commission has a responsibility to both ratepayers and utilities and is more insulated from special interest pressure if members are appointed.
The League is aware that there are many complex factors involved in determining utility rates. We believe the cost of service should be a primary consideration in setting rates, but the encouragement of conservation is vital. Incentives in the rate structure, such as peak-load pricing, should be used to encourage efficient energy use.
The League recognizes that basic energy utility services are essential to members of modern society. Financial assistance for those unable to pay for these services should be provided primarily by taxpayers through government social services. In addition, we support voluntary contributions to assistance programs and believe ratepayer subsidization of low income consumers should be considered.
The League believes that the State of Utah should take action to influence the cost of utility services by:
Increasing state and public participation in planning and regulating future energy sources.
Encouraging energy conservation by education, economic incentives, weatherization, and use of alternative energy.
Funding the regulatory process adequately to ensure sufficient independent expert testimony and analysis.
Assisting low-income consumers to meet basic utility needs.
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The briefing provides information on migrant farmworkers in Utah and the problems workers and their families face that are unique to the group.
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The briefing is a suvey of health care services in Utah with emphasis on primary medical care.
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The study Land Use Future and Fading Frontier examines the land use practices from both historical and functional points of view. Its particular emphasis is on land use in Utah, but it considers the historical development of land use polices, the criteria established for adequate land use by other states, and the tools available to assist in land use planning and regulation.
LWV Utah Position:
In order to promote the wise use of land and related resources in Utah, and in order to reduce negative impacts on the environment, the League favors increasing the capacity of local governing bodies to deal with land use problems
Augmenting the role of state government to include:
the setting of minimum standards regarding environmental protection, cultural preservation and aesthetic land uses;
provisions for technical and planning assistance to local and regional governing bodies;
setting up of machinery to facilitate enforcement of general planning provisions.
Encouraging multi-county regional planning bodies to deal with environmental impacts that exceed county boundaries.
Establishing a land use planning committee, with statewide representation, whose purpose is to determine, with the assistance of local input, state land use goals and policies.
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The study is a result of the introduction of two resolutions and two Senate bills in the 1971 Legislature affecting reorganization of school districts.
LWV Utah Position:
The League supported the deletion of Article X, Sec. 6, from the Utah State Constitution, removing the requirement that cities of the first and second class be required to establish separate school districts. This would also allow a combination of a city with the county school district if desired by the people. (In 1972, voters approved a constitutional amendment ending this requirement.)
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The study focuses on the the Utah court system: State, Districts, City, Justice of the Peace. Specifically selection, salaries qualifications, administration, removal and retirement.
LWV Utah Position:
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The mini-study provides a clearer understanding of th concept of a unified judicial system: definition, significance, and points for and against a unified system.
LWV Utah Position
The League believes that a unified judicial system encompasses the elements of single administrative head, a single simplified organizational structure, a single set of rules and procedures, a single financing system and consolidated budget.
The League upholds the following procedures for a unified judiciary system:
- All courts are courts of record. (This improves the quality of lower courts and eliminates the costly, time consuming practice of trial de novo.)
- Clear lines of accountability should be enforced to enhance justice in peace courts.
- High standards of performance and legal training should be upheld in peace courts.
- The Juvenile Court system should continue to be coordinated statewide, with centralized authority in the Board of Judges. The function of an advisory committee, the office of courts administrator and systematic collection of data should be maintained.
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The study addresses air quality control through federal-state relationship, Utah Air Conservation Act, Division of Health, future developments.
LWV Utah Position
The League of Women Voters of Utah recognizes that air pollution requires immediate and vigorous abatement procedures. League members support the purposes of the Utah Air Conservation Committee and believe that a clean air program should be based on health, economic and aesthetic justifications.
The program should include:
- Mandatory establishment of state air sheds, with multi-county action required among counties with the same air shed.
- Allowance for local standards to be set higher than state standards.
- Authority for the Utah Department of Health to take emergency action during air pollution alerts.
- Opportunity for any appropriate local agency to apply for available federal funds, with coordination for such action through the Utah Department of Health.
- State laws prohibiting removal or deactivation of pollution control devices on motor vehicles.
- State laws requiring periodic inspection of pollution control devices, possibly in conjunction with annual vehicle safety inspections.
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The study is an objective look at the dropout problem in order to see the weaknesses of the current educational system and suggest measures to meet the urgent needs of the student population.
LWV Utah Position:
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The study is based on a review of the booklet Innovations in Utah Schools and visits to specific innovative schools.
LWV Utah Position
The LWV continues its support for vocational education.
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The briefing addresses:
water qualtiy standards
State Water Plan
Utah and the Colorado River Storage Project
1968 Colorado River Bill
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The study looks at the areas of differentiated teaching staff, individualized instruction, the new technology, architectural design, flexible scheduling, preschooling, and extended year and community school programs.
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Study not available.
LWV Utah Position:
The League of Women Voters of Utah recognizes that air pollution requires immediate and vigorous abatement procedures. League members support the purposes of the Utah Air Conservation Committee and believe that a clean air program should be based on health, economic and aesthetic justifications.
The program should include:
- Mandatory establishment of state air sheds, with multi-county action required among counties with the same air shed.
- Allowance for local standards to be set higher than state standards.
- Authority for the Utah Department of Health to take emergency action during air pollution alerts.
- Opportunity for any appropriate local agency to apply for available federal funds, with coordination for such action through the Utah Department of Health.
- State laws prohibiting removal or deactivation of pollution control devices on motor vehicles.
- State laws requiring periodic inspection of pollution control devices, possibly in conjunction with annual vehicle safety inspections.
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This study is an update of the 1964 Supervisions and Financing of Public Schools in Utah (1963 & 1964) to reconsider the consensus to support election of state board of education rather than appointment in light a Little Hoover Commission report recommending appointment.
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Study not available.
After defeat of the call for a constitutional convention in 1966, which the League supported, the League turned its attention to revision of the Constitution by amendment.
LWV Utah Position:
*LWV Position on Methods of Changing the Constitution
The League is concerned about the method of change in our present Constitution. We feel that it may be necessary to make the following changes in the present document in order to facilitate the adoption of a new constitution:
Proposals made by the convention should require only a majority of those voting on the question for adoption. The same rule should apply for the convention call.
It should be possible to vote on a new constitution at a special election.
*LWV Position on a Constitutional Convention
The League feels that a constitutional convention in Utah should be established as a bipartisan body with an equal number of delegates from each party plus some delegates endorsed by both parties. In order to assure equitable representation of all areas of the state, the convention should include delegates apportioned by one type of legislative district, either House or Senate, plus delegates-at-large. The convention should be kept to the smallest feasible number that would meet constitutional requirements and assure bipartisan representation, equitable apportionment and at-large representation.
LWV Position on Strengthening the Legislature by Constitutional Change
The League believes that Utah Legislature needs strengthening in order to better cope with present day problems and to serve as the primary control of the executive branch of government.
Recommendations
- The Legislature should meet annually with sufficient time in session to meet the needs of the state.
- Members of the Legislature should receive adequate pay. It is our belief that salaries should be set through statutory law but that no increases should become effective during the term voted.
- Legislators should have adequate staff.
- There should be a strong committee system with adequate staff and continuing responsibility between sessions.
- A post-audit should be conducted annually of all state funds. Such audit should be made by an auditor appointed by and responsible to the Legislature.
- The Legislature should have the power to call itself into session.
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The briefing was prepared for unit meeting use to study CA II: Support of Improved Election Laws and Procedures in preparation of the January 1965 Legislature.
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Part I: Supervisory Functions. Part I looks at Utah statutory authorizations and requirements for state administration of pubic schools, the present procedures for carrying ut these mandates and suggested alternatives. Read the study.
Part II: Financing. Part II covers statutory provisions and possible alternatives for funding public schools. Study not available.
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At its state convention in 1961, the League adopted review of Utah's election laws and procedures as part of its program. A two part study was done in 1962 and 1963 with an update in 1964. Consensus was reached and the League worked active for several years on the following issues:
1. Reapportionment - The 1972 Legislature reapportioned the Legislature and the State Board of Education, and the 1971 Legislature ordered City and County Commissions to reapportion local school boards.
Art. IX, Sec. 2, of the Utah Constitution, required a census be taken in Utah every ten years, beginning in 1905. Present officials believe that the requirement was intended at that time to coincide with the federal schedule of census-taking, but the federal census has always been taken on the decade year. The state law, which would therefore require a census every five years, has never been enforced nor has the legislature ever appropriated any money to do so. However, the requirement remains in the Constitution. The League has always supported firm, fair and equal reapportionment following each ten-year census.
2. Voting - Year-round voter registration at the County Clerk's office is now available, and there are also roving registrars. There are provisions for absentee registration by mail. If a voter has not voted in his district for four years, he is required to re-register.
Under rules set by federal court decisions, the time of residency in the state was reduced from six months to 30 days, and the requirement of 60 days residency in the county was eliminated. A proposed constitutional amendment on voting qualifications was put to Utah voters in November, 1976. Its purpose was to bring the Utah Constitution into conformity with federal law and actual practice in Utah. The League supported this.
3. There is no mandatory training for election officials but training is offered.
4. State and county party officials are now elected in odd-numbered years, and candidates are chosen in even-numbered years.
5. Annual Sessions - A constitutional amendment approved in 1968 provided for annual sessions of the legislature, in odd-numbered years a 60 day general session and in even-numbered years a 20 day budget session. In 1984, voters approved another amendment to set one 45 day general session each year.
6. State Board of Education - The 1972 Legislature provided for nomination of the State Board of Education by petition only and eliminated the nominating conventions. The number of signatures required on petitions was increased from 50 to 100 by the 1965 Legislature. Primary elections are now held for both state and local school board candidates.
Studies are not available.