1. LORMAN SEMINAR – EMPLOYMENT LAW UPDATE IN UTAH
LEGISLATIVE UPDATE:
NEW LEGISLATION & POLITICAL
DEVELOPMENTS AFFECTING EMPLOYERS
J. Michael Bailey
November 9, 2012
Provo, UT
4820-3412-7377 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. 2012 Session Review
III. Protecting your Business by Playing
an Active Role
Please ask questions throughout
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4. Old Composition of Legislature
Republicans (80) Democrats (24)
58
22
17
7
House Senate House Senate
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5. 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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6. 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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7. 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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8. 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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9. 2012 Bill Passage By The Numbers
Republican -
sponsored
bills that
passed Democrat -
(414) sponsored
bills that
passed
(64)
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10. 2012 Bill Passage By The Numbers
78%
56% 56% 55%
Senate Senate House House
Republicans Democrats Republicans Democrats
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11. 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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12. 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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13. Broad Themes From the 2012 Session
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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14. 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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15. 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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16. 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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17. 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 likely pursue it next year
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18. 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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19. 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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20. 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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21. 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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22. 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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23. 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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24. 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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25. New Faces are Coming in 2013
 Redistricting just occurred
– Some legislators lost their election or ran for
other positions
 Retirements
– Senate President Michael Waddoups
– House Minority Leader David Litvack
– Senate Minority Whip Karen Morgan
– Rep. Todd Kiser
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26. “New” Makeup of Utah Legislature
Republicans Democrats
(80 + 3 + 2 = 85) (24 - 3 - 2 = 19)
61
24
14
5
House Senate House Senate
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27. 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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28. Study Issues That May
Affect Employment
 State Retirement System
 Study ways to incentivize wellness
 Modernization of Workforce Services
 Third-hand smoke in the workplace
 Guns
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29. Other Likely Study Issues
 Alcohol
 Employment Discrimination
 Subcontractors
 Water
 CO2 Emissions
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30. 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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31. Task Forces
 Economic Development
– To include air quality issues
 Health System Reform
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32. Don’t Hesitate to Call
 We’re here to help – never be reluctant to call
– About employment issues…
– or immigration…
– or even third hand smoke
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33. Thank you
 Mike Bailey
direct: (801) 536-6777
cell: (801) 201-0115
email: mbailey@parsonsbehle.com
twitter: @utahcounselor
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