1. Murray City Chamber of Commerce
GET A SEAT AT THE TABLE:
UTAH’S LEGISLATURE AND HOW IT
IMPACTS YOUR BUSINESS
J. Michael Bailey
October 26, 2012
Salt Lake City, Utah
4839-8831-3105 parsonsbehle.com

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. Brief 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. 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
Affected Businesses
 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 Business
 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 business 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 business
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?
 Marketing/Messaging
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29. Outside Help to Protect Your Business
 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)
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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?
– New faces (redistricting and retirements)
– Old issues
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31. Study Issues That May
Affect Businesses
 Study ways to incentivize wellness
 Third-hand smoke in the workplace
 Employment Discrimination
 Subcontractors
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32. More Study Topics
 Government competition with Private Sector
 Coal and other severance taxes
– Impact on utility rates
 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 immigration…
– or guns…
– or any issue relating to businesses
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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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