This document summarizes a presentation given to the Association for Corporate Growth about the 2012 Utah state legislature session and how businesses can protect themselves in 2013. It discusses the composition of the legislature, major themes and bills from 2012 including local government, environmental boards, states' rights, and health insurance mandates. It outlines likely study issues for 2013 and encourages businesses to get involved by contacting their legislators. The presentation aims to educate businesses on issues that could affect them.

1. S A L T L A K E C I T Y | R E N O | B O I S E | L A S V E G A S | P A R S O N S B E H L E . C O M
The Utah Legislature:
What Happened in 2012 and
How To Protect Your Business
(and yourself) in 2013
Presented to the Association
for Corporate Growth
Mike Bailey
Parsons Behle & Latimer
April 26, 2012
4823-1746-0751

2. Goals of Today’s Presentation
 Educate you
 Alert you to issues that may affect your
business
 Arm you for discussions at backyard
barbecues
• This presentation is a source of general information for clients and friends of Parsons Behle
& Latimer. Its content should not be construed as legal advice and attendees should not act
upon the information in the presentation without consulting legal counsel
2

3. Outline of Presentation
I. Utah Legislature 101
II. 2012 Session Review (using themes)
III. Protecting your Business by Playing an
Active Role
Please ask questions throughout
3

4. Composition of Legislature
Republicans (80) Democrats (24)
4

5. 2012 Legislative Session
 There was a great deal of turnover for an
“off election year”
 Mood was calmer than some years
– This is an election year
 No new taxes, again!
 No bonding
 Some squabbling between Senate & House
– Senate has fewer members (29, compared to
75) but passed almost as many bills (209,
compared to 269) 5

6. It was a Very Busy Session
 891 bills were numbered; 764 bills were
introduced; 478 bills passed
 The Governor vetoed 2 bills (HB363 (Sex
education) and HB414)
 72% of the bills were not written &
introduced until after the first day
 The legislators admitted in the press that
they cannot keep track of it all
 Especially the bills in the last few days of
the Session
6

7. Comparing Bill Passage Over Time
2011 2012
782 764
504 478
Bills Bills Bills Bills
Introduced Passed (62%) Introduced Passed (64%)
7

8. 2012 Bill Passage By The Numbers
Republican -
sponsored
bills that
passed Democrat -
(414) sponsored
bills that
passed
(64)
8

9. 2012 Bill Passage By The Numbers
 Most Prolific Legislators
– Republican
Senator Curt Bramble (20 out of 26 for 76.9%)
– Democrat
Senator Ben McAdams (9 out of 15 for 60%)
9

10. Session’s Broad Themes
 Local Government
 Environmental Boards
 States’ Rights
 Budget
 Health Insurance Mandates
 E-Verify
 The Sexy Stuff (always at the end)
10

11. Local Government
 Legislature has mixed feelings about local
control but mostly let cities have the reins
– Allowed local anti-idling ordinances
– Did not prohibit cities from regulating
electronic billboards
– Did create state ethics committee to hear
local ethics issues
11

12. Environmental Boards
 Adjudication
– Permit challenges will be less of a circus
– Boards won’t hear appeals of permits
– ALJ will hear appeals, Executive Director to
make decision
 Membership
– Changing an attempt to make boards more
technical and effective
12

13. States’ Rights
 Federal Lands: Sagebrush Rebellion 2.0
– Demanding the federal government turn over
lands to state
– Lands would be opened up to mining, drilling
and grazing
 Health Care Compact
– Asking federal government to cede control of
health care programs
13

14. Budget
 Budget was $13 billion
 Had $440 million more to spend
– Funded growth in education
– State employees - 1% raise
– Used mortgage settlement money
– More into rainy day fund than required
- $11 million
– Did not borrow for roads
14

15. Health Insurance Mandates
 Health Insurance Mandates
– Important because if passed before 2014,
become set in stone for state under federal
health care reform
– Many bills this session
– Only autism pilot project passed
• To serve 350 children at a cost of $30,000
annually per child
• “Back-door mandate”
15

16. E-Verify
 Governor Herbert wanted teeth put in
the law
– Disappointed it didn’t happen
– Will pursue it next year
– Bill would have:
• Suspended business licenses for violations
• Applied to all businesses
• Applied to hiring of independent contractors
16

17. Other Issues
 Ag-gag bill
 Employer premium reduction for wellness
programs
 Open carry law did not pass
 Alcohol – tinkered with commission
 Car inspections less frequent
 Unemployment insurance top rate
reduced 2%
17

18. Sexy Issues
 Immigration
– Stepped back from the brink (Sandstrom lost
voice vote)
 Tanning Beds
– Not for minors
 Hookah and e-cigarettes
– Outlaw them
 Sex Education
– Don’t ask, don’t tell
18

19. Protecting Your Business
 Get in the Game
– Stay apprised of any developments
– If you see an issue of concern, what can you
do about it?
– Contact your legislator (le.state.ut.us)
– Contact us. We will help
19

20. Protecting Your Business
 Legislature has study committees that
meet monthly
 Master study list gives some idea of
issues to be studied
20

21. New Faces are Coming in 2013
 Numerous legislators ran (or are running)
for other seats
– Rep. Chris Herrod (US Senate)
– Rep. Stephen Sandstrom (US House-4th District)
– Rep. Ken Sumsion (Utah Governor)
– Rep. John Dougall (Utah Auditor)
– Sen. Ross Romero (SL County Mayor)
– Sen. Ben McAdams (SL County Mayor) (didn’t have to resign or
choose which race to enter)
 Redistricting just occurred
– Many incumbents will be running in districts that are substantially
different from the last election
21

22. New Faces are Coming in 2013
 Retirements
– Senate President Michael Waddoups
– House Minority Leader David Litvack
– Senate Minority Whip Karen Morgan
– Rep. Todd Kiser
22

23. Likely Study Issues
 E-Verify
 Alcohol
 Employment Discrimination
 Product Liability
 Subcontractors
 Water
 CO2 Emissions
 Encouraging Manufacturing
23

24. More Study Topics
 Privatization of Government (Prison, ABC)
 Government Competition with Private
Sector (County Recreation Centers)
 Agency Retention of Fines and Forfeitures
 Coal and other severance taxes
– Impact on utility rates
 Telecommunications Taxation
 Other Issues?
24

25. Task Forces
 Economic Development
– To include air quality issues
 Health System Reform
25

26. Don’t Hesitate to Call
 We’re here to help – never be reluctant to
call
– About tanning beds…
– or billboards…
– or even hookah and e-cigarettes
26

27. Thank you
 Mike Bailey
direct: (801) 536-6777
cell: (801) 201-0115
email: mbailey@parsonsbehle.com
27