Your SlideShare is downloading. ×
24th Annual Parsons Behle & Latimer Employment Law Seminar  LEGISLATIVE UPDATE:  NEW LEGISLATION & POLITICAL  DEVELOPMENTS...
Goals of Today’s Presentation Educate you Alert you to issues that may affect your  business Arm you for discussions at...
Outline of PresentationI. Utah Legislature 101II. 2012 Session ReviewIII. Protecting your Business by Playing     an Activ...
Composition of LegislatureRepublicans (80)   Democrats (24)                                    4
Turnover Since Last Session   Sen. Dan Liljenquist was replaced by Sen. Todd Weiler (Lawyer)   Sen. Chris Buttars was re...
2012 Legislative Session Mood was calmer than some years  – This is an election year No new taxes, again! Some squabbli...
It was a Very Busy Session0             200                    400                    600        800                      ...
It was a Very Busy Session The Governor vetoed 2 bills  (HB363 (Sex education) and HB414) 72% of the bills were not writ...
Comparing Bill Passage Over Time                 2011                                      2012        782                ...
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 ...
2012 Bill Passage By The Numbers      78%                           56%               56%                 55%    S e n a t...
2012 Bill Passage By The Numbers Most Prolific Legislators  – Republican     Senator Curt Bramble (20 out of 26 for 76.9%...
It All Starts With A Budget Budget was $13 billion Had $440 million more to spend  –   Funded growth in education  –   S...
Session’s Broad Themes That              Affect Employers   Employment   E-Verify   Local Government   Environmental B...
Employment Initiatives That Passed Public Employee Status Modifications  (HB449 – Dee) Employer premium reduction for we...
Employment Initiatives That Failed Immigration (HB300 – Sandstrom/Herrod)  – Would have repealed the guest worker    prov...
Employment Initiatives That Failed Abusive Workplace Practices Act  (HB196S01 – Sandstrom)  – Would have required adoptio...
E-Verify Governor Herbert wanted teeth put in the law  – Disappointed it didn’t happen  – Bill would have:     • Suspende...
Local Government Legislature has mixed feelings about local  control but mostly let cities have the reins   – Allowed loc...
Environmental Boards Adjudication (SB11 – Dayton)  – Permit challenges will be less of a circus  – Boards won’t hear appe...
States’ Rights Federal Lands: Sagebrush Rebellion 2.0  – Demanding the federal government turn over lands    to state  – ...
Health Insurance Mandates Health Insurance Mandates  – Important because if passed before 2014,    become set in stone fo...
Other Issues Immigration  – Stepped back from the brink (voice vote failed) Ag-gag bill Alcohol – tinkered with commiss...
Sexy Issues Tanning Beds  – Not for minors Hookah and e-cigarettes  – Outlaw them Sex Education  – Don’t ask, don’t tel...
Protecting Your Business Get Involved  – Participate in the political process  – Educate yourself / Stay informed If you...
Protecting Your Business Legislature has interim study committees that  meet monthly Master study list gives some idea o...
New Faces are Coming in 2013 Numerous legislators ran for or are running for  other seats   –   Rep. Chris Herrod (US Sen...
New Faces are Coming in 2013 Redistricting just occurred   – Some legislators lost at convention Retirements   –   Senat...
Study Issues That May             Affect Employment E-Verify / Immigration  – Will Legislature revisit the guest worker l...
Study Issues That May              Affect Employment   State Retirement System   Study ways to incentivize wellness   M...
Other Likely Study Issues   Alcohol   Employment Discrimination   Subcontractors   Water   CO2 Emissions             ...
More Study Topics   Privatization of Government (Prison, DABC)   Government Competition with Private Sector   Agency Re...
Task Forces Economic Development  – To include air quality issues Health System Reform                                  ...
Don’t Hesitate to Call We’re here to help – never be reluctant to call  – About employment issues…  – or immigration…  – ...
Thank you Mike Bailey  direct: (801) 536-6777  cell: (801) 201-0115  email: mbailey@parsonsbehle.com  twitter: @utahcouns...
Upcoming SlideShare
Loading in...5
×

Legislative Update: New Legislation and Political Developments Affecting Employers

177

Published on

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."

Published in: News & Politics, Career
0 Comments
0 Likes
Statistics
Notes
  • Be the first to comment

  • Be the first to like this

No Downloads
Views
Total Views
177
On Slideshare
0
From Embeds
0
Number of Embeds
1
Actions
Shares
0
Downloads
0
Comments
0
Likes
0
Embeds 0
No embeds

No notes for slide

Transcript of "Legislative Update: New Legislation and Political Developments Affecting Employers"

  1. 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. 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 2
  3. 3. Outline of PresentationI. Utah Legislature 101II. 2012 Session ReviewIII. Protecting your Business by Playing an Active RolePlease ask questions throughout 3
  4. 4. Composition of LegislatureRepublicans (80) Democrats (24) 4
  5. 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) 5
  6. 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) 6
  7. 7. It was a Very Busy Session0 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 ) 7
  8. 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) 8
  9. 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 % ) 9
  10. 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 ) 10
  11. 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 11
  12. 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%) 12
  13. 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 13
  14. 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) 14
  15. 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) 15
  16. 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 16
  17. 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) 17
  18. 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 18
  19. 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 19
  20. 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 20
  21. 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 21
  22. 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” 22
  23. 23. Other Issues Immigration – Stepped back from the brink (voice vote failed) Ag-gag bill Alcohol – tinkered with commission Car inspections less frequent 23
  24. 24. Sexy Issues Tanning Beds – Not for minors Hookah and e-cigarettes – Outlaw them Sex Education – Don’t ask, don’t tell 24
  25. 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 25
  26. 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? 26
  27. 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) 27
  28. 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 28
  29. 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) 29
  30. 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 30
  31. 31. Other Likely Study Issues Alcohol Employment Discrimination Subcontractors Water CO2 Emissions 31
  32. 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? 32
  33. 33. Task Forces Economic Development – To include air quality issues Health System Reform 33
  34. 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 34
  35. 35. Thank you Mike Bailey direct: (801) 536-6777 cell: (801) 201-0115 email: mbailey@parsonsbehle.com twitter: @utahcounselor 35

×