2013 Utah Legislative Preview


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2013 Utah Legislative Preview

  1. 1. PARSONS BEHLE & LATIMER BREAKFAST BRIEFING2013 UTAH LEGISLATIVE PREVIEWMike BaileyShelly Cordon TeuscherParsons Behle & LatimerJanuary 25, 20134852-9307-2146 parsonsbehle.com
  2. 2. 2 Introduce you to the Utah StateLegislature Alert you to important issues underconsideration• 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 actupon the information in the presentation without consulting legal counselGoal of Today’s Presentation
  3. 3. 3I. Utah Legislature 101II. 2013 Session PreviewIII. Protecting your Business by Playingan Active RolePlease ask questions throughoutOrder of Play
  4. 4. 4 Lots of turnover, especially in the House Very few long-standing members in theHouse– Speaker Lockhart, elected 1998 Senate relatively stable– Senator Hillyard, elected 1984– Senators Harper, Vickers, many others overtime have moved from the House to theSenateComposition of Legislature
  5. 5. 56131Utah House RepublicansTotalServing1st or 2ndTerms
  6. 6. 6 Large freshman and sophomore class willchange the dynamic– Fresh approaches– Issues considered in the past may be revisited– Completely new dynamic Disparity between the tone of the Houseand demeanor of the Senate will beexaggeratedRelevance of Turnover
  7. 7. 7 Republican team remains stable, exceptfor new deputy whip Rep. Ipson Democratic team has changed– Rep. Seelig– Rep. Cosgrove– Rep. Chavez-Houck– Rep. BriscoeHouse Leadership
  8. 8. 8 Republican team completely new– Sen. Niederhauser– Sen. Okerlund– Sen. Adams– Sen. KnudsonSenate Republican Leadership
  9. 9. 9 Democratic team has changed too– Sen. Davis– Sen. Mayne– Sen. Jones– Sen. Robles Only one member not in leadership/lateappointeeSenate Democratic Leadership
  10. 10. 1061241452013 House and Senate CompositionRepublicans Republicans DemocratsDemocratsHouse Senate
  11. 11. 11 Patrick Henry caucus mostly gone– Doesn’t mean legislature will be more liberal Lots of lawyers New faces in important roles– Rep. Sanpei over Rules Utah positively mainstream compared toNevadaOther Dynamics
  12. 12. 12 Budget Education Guns Environmental Regulation Transportation Obamacare New Federalism The Sexy Stuff (always at the end)2013 Legislative Session
  13. 13. 13 State will have budget surplus State has at least $284 million in newneeds (new student growth, wildfires, etc.)Budget
  14. 14. 14 Federal actions have a huge effect onUtah Budget surplus was to have been $300 –400 million before the fiscal cliff deal With deal, somewhere between $105million and $300 million – likely on thelower end of that rangeFirst Fiscal Cliff
  15. 15. 15 Sequestration cuts pushed to the end ofMarch Sequestration impact could be $550million What will happen?Second Fiscal Cliff
  16. 16. 16 Utah budgeting always very conservative Numerous awards for best-managed state Likely to respond to current uncertainty bypassing flat budget, waiting to spendsurplus until impact of federal decisionsare known Even some talk about passing budget with5% reductionOur Best Guess
  17. 17. 17 Governor’s budget calls for $298 millionincrease Federal uncertainty likely to affect funding Increased interest in accountability andtransparency– Pushback from educatorsEducation
  18. 18. 18 Guns already allowed in parking lots Disorderly conduct (Rep. Ray) No need for concealed weapons permit(Rep. Mathis) Third-degree felony for federal official toenforce federal gun laws within Utahborders (Rep. Greene)Guns in the Workplace
  19. 19. 19 Gun rights fervor may spill over into theworkplace– Open carry– No employer restrictions allowed?Guns in the Workplace
  20. 20. 20 Bill to disband DEQ Business community will be activatedagainst it Protection of “delegated” state programsEnvironmental Regulation
  21. 21. 21 Many major projects have been completed Still funding shortfall, especially formaintenance Interest in new funding sources– Congestion pricing not ready for prime time Gas tax– Index it for inflation? Sales tax on gasolineTransportation
  22. 22. 22 This is the time to make some importantdecisions Will state run their own exchange?– Feds say they will “work with Utah”– Real flexibility unlikely– Likely to be a federal exchange Medicaid expansion unlikelyObamacare
  23. 23. 23 Restore full sales tax on food?Probably not Income tax increase for education?Definitely not Severance tax changes being proposed byProsperity 2020? Maybe Increased exemption for personal propertytax for business? MaybeTaxes? No, No, Maybe, Maybe
  24. 24. 24 Increasing anger at federal government Continued push to get control of federallands Could go well beyond lands– Federal executive orders don’t apply in Utah?New Federalism
  25. 25. 25 Move the prison?– Perfect storm of low interest rates, lowconstruction costs– PRDA voted unanimously to do it– Cost about $550 million– Trick will be how to fund it– We don’t want to be Santa Clara County• $180 million became $6.1 billion in 50 years(inflation adjustment = $1.33 billion)Sexy Issues
  26. 26. 26 Ethics Reform Motorcycle Helmets Hair Braiding (Licensing, in general) Immigration Alcohol Mechanic’s Liens Water RightsOther Sexy Issues
  27. 27. 27 Get Involved– Participate in the political process– Educate yourself / Stay informed If you see an issue of concern, what canyou do about it?– Build a coalition– Contact your legislator (le.state.ut.us)Protecting Your Business
  28. 28. 28 We’re here to help – never be reluctantto call– About taxation …– or guns in the workplace…– or even hair braidingDon’t Hesitate to Call
  29. 29. 29 Mike Baileydirect: (801) 536-6777cell: (801) 201-0115email: mbailey@parsonsbehle.comtwitter: @utahcounselor Shelly Cordon Teuscherdirect: (801) 536-6976cell: (801) 541-5918email: steuscher@parsonsbehle.comThank you