Each January through March, the Utah Legislature meets to discuss and enact laws that have a significant impact on employers. This presentation discusses the laws affecting employers that were enacted during the 2012 Session, the issues that will likely be discussed in the upcoming year, and how to get a "seat at the table."

1. 24th Annual Parsons Behle & Latimer Employment Law Seminar
LEGISLATIVE UPDATE:
NEW LEGISLATION & POLITICAL
DEVELOPMENTS AFFECTING EMPLOYERS
J. Michael Bailey
May 8, 2012
Salt Lake City
4819-5937-3071

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
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3. Outline of Presentation
I. Utah Legislature 101
II. 2012 Session Review
III. Protecting your Business by Playing
an Active Role
Please ask questions throughout
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4. Composition of Legislature
Republicans (80) Democrats (24)
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5. Turnover Since Last Session
 Sen. Dan Liljenquist was replaced by Sen. Todd Weiler (Lawyer)
 Sen. Chris Buttars was replaced by Sen. Aaron Osmond (CEO,
Investor Education)
 Sen. Dennis Stowell was replaced by Sen. Casey Anderson (Social
Service Worker)
 Rep. David Clark was replaced by Rep. Lowry Snow (Lawyer)
 Rep. Julie Fisher was replaced by Rep. Stewart Barlow (Physician)
 Rep. Jackie Biskupski was replaced by Rep. Brian Doughty (Self-
employed, ACME Material Handling)
 Rep. Carl Wimmer was replaced by Rep. Dan McCay (Attorney)
 Rep. Holly Richardson was replaced by Rep. Craig Frank
(Businessman)
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6. 2012 Legislative Session
 Mood was calmer than some years
– This is an election year
 No new taxes, again!
 Some squabbling between Senate & House
– Senate has fewer members (29, compared to 75)
but passed almost as many bills (209, compared
to 269)
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7. It was a Very Busy Session
0 200 400 600 800
B ills th a t w e r e n u m b e r e d (8 9 1 )
B ills th a t w e r e in tr o d u c e d (7 6 4 )
B ills th a t p a s s e d (4 7 8 )
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8. It was a Very Busy Session
 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 at the end)
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9. Comparing Bill Passage Over Time
2011 2012
782 764
504 478
B ills B ills B ills B ills
In tr o d u c e d P a s s e d (6 2 % ) In tr o d u c e d P a s s e d (6 4 % )
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10. 2012 Bill Passage By The Numbers
R e p u b lic a n -
s p o n s o re d
b ills th a t
passed D e m o c ra t -
(4 1 4 ) s p o n s o re d
b ills th a t
passed
(6 4 )
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11. 2012 Bill Passage By The Numbers
78%
56% 56% 55%
S e n a te S e n a te H ouse H ouse
R e p u b lic a n s D e m o c r a ts R e p u b lic a n s D e m o c r a ts
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12. 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%)
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13. It All Starts With A Budget
 Budget was $13 billion
 Had $440 million more to spend
– Funded growth in education
– State employees - 1% raise
– $11 million into rainy day fund
– Did not borrow for roads
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14. Session’s Broad Themes That
Affect Employers
 Employment
 E-Verify
 Local Government
 Environmental Boards
 States’ Rights
 Health Insurance Mandates
 The Sexy Stuff (always at the end)
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15. Employment Initiatives That Passed
 Public Employee Status Modifications
(HB449 – Dee)
 Employer premium reduction for wellness
programs (HB144S02 – Dunnigan)
 Unemployment insurance top rate reduced 2%
(SB129 – Bramble)
 Social Services – Employment First Priority
(HB296 – Snow)
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16. Employment Initiatives That Failed
 Immigration (HB300 – Sandstrom/Herrod)
– Would have repealed the guest worker
provisions enacted last year
 Job Discrimination (SB51 – McAdams)
– Would have approved a statewide prohibition on
job discrimination based on sexual orientation
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17. Employment Initiatives That Failed
 Abusive Workplace Practices Act
(HB196S01 – Sandstrom)
– Would have required adoption of policies
protecting public employees
– Passed out of committee/died on the floor
 Collective Bargaining
 “Open Carry of Firearms Bill ” did not pass
(HB49S03 – Ray)
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18. E-Verify
 Governor Herbert wanted teeth put in the law
– Disappointed it didn’t happen
– Bill would have:
• Suspended business licenses for violations
• Applied to all businesses
• Applied to hiring of independent contractors
 Legislature will pursue it next year
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19. 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
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20. Environmental Boards
 Adjudication (SB11 – Dayton)
– 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 (SB21S01 – Dayton)
– Will make boards more technical and effective
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21. 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
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22. 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”
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23. Other Issues
 Immigration
– Stepped back from the brink (voice vote failed)
 Ag-gag bill
 Alcohol – tinkered with commission
 Car inspections less frequent
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24. Sexy Issues
 Tanning Beds
– Not for minors
 Hookah and e-cigarettes
– Outlaw them
 Sex Education
– Don’t ask, don’t tell
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25. Protecting Your Business
 Get Involved
– Participate in the political process
– Educate yourself / Stay informed
 If you see an issue of concern, what can you do
about it?
– Build a coalition
– Contact your legislator (le.state.ut.us)
– Contact us…We will help
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26. Protecting Your Business
 Legislature has interim study committees that
meet monthly
 Master study list gives some idea of issues
to be studied
 What can we expect to see in 2013?
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27. New Faces are Coming in 2013
 Numerous legislators ran for 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 (Auditor)
– Sen. Ross Romero (SL County Mayor)
– Sen. Ben McAdams (SL County Mayor) (didn’t have
to resign or choose which race to enter)
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28. New Faces are Coming in 2013
 Redistricting just occurred
– Some legislators lost at convention
 Retirements
– Senate President Michael Waddoups
– House Minority Leader David Litvack
– Senate Minority Whip Karen Morgan
– Rep. Todd Kiser
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29. Study Issues That May
Affect Employment
 E-Verify / Immigration
– Will Legislature revisit the guest worker law?
 Injured Worker Benefits
– Study ways to coordinate benefits paid by
workers compensation & group health
insurance plans
 Revisit Sen. McAdams’ anti-discrimination bill
(2012 SB51)
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30. Study Issues That May
Affect Employment
 State Retirement System
 Study ways to incentivize wellness
 Modernization of Workforce Services
 Third-hand smoke in the workplace
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31. Other Likely Study Issues
 Alcohol
 Employment Discrimination
 Subcontractors
 Water
 CO2 Emissions
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32. More Study Topics
 Privatization of Government (Prison, DABC)
 Government Competition with Private Sector
 Agency Retention of Fines and Forfeitures
 Coal and other severance taxes
– Impact on utility rates
 Telecommunications Taxation
 Other Issues?
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33. Task Forces
 Economic Development
– To include air quality issues
 Health System Reform
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34. Don’t Hesitate to Call
 We’re here to help – never be reluctant to call
– About employment issues…
– or immigration…
– or even hookah and e-cigarettes
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35. Thank you
 Mike Bailey
direct: (801) 536-6777
cell: (801) 201-0115
email: mbailey@parsonsbehle.com
twitter: @utahcounselor
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