This document summarizes a presentation given to the Utah Nonprofits Association about how the Utah state legislature impacts nonprofit organizations. The presentation discusses the composition and activities of the 2012 legislative session, including the high number of bills introduced and passed. It outlines several issues that affected nonprofits, such as employment laws, local government regulation, and health insurance mandates. The presentation emphasizes the importance for nonprofits to get involved in the legislative process by building relationships with legislators, monitoring issues, and lobbying for or against bills that could help or harm their organizations. It also previews potential issues that may arise in the 2013 legislative session.

1. Utah Nonprofits Association Educational Conference
GET A SEAT AT THE TABLE:
UTAH’S LEGISLATURE AND HOW IT
IMPACTS NONPROFIT ORGANIZATIONS
J. Michael Bailey
October 11, 2012
Utah Cultural Celebration Center
West Valley City, Utah
4836-8213-6847

2. Goals of Today’s Presentation
 Educate you
 Alert you to issues that may affect your
nonprofit
 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 Nonprofit 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. It was a Very Busy Session
0 200 400 600 800
Bills that were numbered (891)
Bills that were introduced (764)
Bills that passed (478)
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6. 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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7. Comparing Bill Passage Over Time
2011 2012
782 764
504 478
Bills Bills Bills Bills
Introduced Passed (62%) Introduced Passed (64%)
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8. 2012 Bill Passage By The Numbers
Republican -
sponsored
bills that
passed Democrat -
(414) sponsored
bills that
passed
(64)
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9. 2012 Bill Passage By The Numbers
78%
56% 56% 55%
Senate Senate House House
Republicans Democrats Republicans Democrats
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10. 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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11. 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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12. Session’s Broad Themes That
Affect Nonprofits
 Employment
 E-Verify
 Local Government
 Health Insurance Mandates
 “The Loud Issues”
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13. Employment Initiatives That Passed
 Employer premium reduction for wellness
programs (HB144S02 – Dunnigan)
 Unemployment insurance top rate reduced
2% (SB129 – Bramble)
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14. 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
 “Open Carry of Firearms Bill ” did not pass
(HB49S03 – Ray)
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15. 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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16. 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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17. 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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18. The Loud Issues
 Tanning Beds
– Not for minors
 Hookah and e-cigarettes
– Outlaw them
 Sex Education
– Don’t ask, don’t tell
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19. Protecting Your Nonprofit
 Employ the Chicago Rule: “Get involved early
and often”
 Play Offense
 Play Defense
 Get Involved or Hire Someone to be Involved
(during the interim process, not just the session)
 Famous old saying: “You’re either at the table or
you’re on the menu”
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20. Play Offense
 38-15-1 is the Lobbyist Rule of Thumb:
– 38 votes in the House of Representatives
– 15 votes in the Senate
– 1 “vote” from the Governor
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21. Disadvantages of Playing Offense
 It costs more
 The odds are longer (not as favorable)
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22. Advantages Of Playing Offense
 Instead of just defending against the bad you
can achieve great things
 The specific law or practice that has
impeded your nonprofit goes away
 You never know the ways in which the
government will help you until you ask
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23. Steps for a Good Offense
 Analyze what assistance your nonprofit
needs from the government
 Craft a solution that negatively impacts as
few other entities as possible
 “Shoot for the stars” Think big. You never
know what you can get passed until you try
(clean-up standards bill)
 Sometimes “the best defense is a good
offense”
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24. Play Defense
 Lobbyist Ancient Proverb:
“There is only one way to pass a bill
but many ways to kill it.”
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25. Arrows in the Defensive Quiver
 Kill the bill in interim stage
 Kill the bill by lobbying the agencies that are
recommending the bill
 Kill the bill by lobbying the agencies that are
affected by the bill
 Kill the bill in the drafting stage
 Kill the bill in committee
 Kill the bill on the floor
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26. And When All Else Fails…
 Amend, amend, amend
 Sometimes a really good amendment actually
kills a bill
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27. Get a Seat at the Table
 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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28. Other Ways to Get a Seat at the Table
 Find Friends
– Who do your board members know?
– Who do your staff members know?
– Who might be ready to help you?
– Do you have leverage or pressure points?
 Make Friends
– Who should your board members get to know?
– Who should your staff members get to know?
– What other members of the UNA will help?
 Marketing/Messaging
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29. Outside Help to Protect Your Nonprofit
 To strategize with clients
 To monitor the Legislative Session
 To draft legislation
 To help get bills passed
 To help get bills killed
 To seek appropriations
 To help with incentive packages
 To help clients get whatever they need to protect
their nonprofits (no request is too difficult)

30. What About 2013?
 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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31. 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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32. 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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33. Study Issues That May
Affect Nonprofits
 Study ways to incentivize wellness
 Third-hand smoke in the workplace
 Employment Discrimination
 Subcontractors
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34. More Study Topics
 Government Competition with Private Sector
 Coal and other severance taxes
– Impact on utility rates
 Other Issues?
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35. Task Forces
 Economic Development
– To include air quality issues
 Health System Reform
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36. Don’t Hesitate to Call
 We’re here to help – never be reluctant to call
– About employment issues…
– or immigration…
– or any issue relating to nonprofits
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37. Thank you
 Mike Bailey
direct: (801) 536-6777
cell: (801) 201-0115
email: mbailey@parsonsbehle.com
twitter: @utahcounselor
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