Presented in Salt Lake City, this lecture offered participants an overview of the legislation and appropriations that were passed during the General Session of the 2012 Utah Legislature.

1. S A L T L A K E C I T Y | R E N O | B O I S E | L A S V E G A S | P A R S O N S B E H L E . C O M
2012 Utah Legislative Wrap-up
Mike Bailey
Shelly Cordon Teuscher
Parsons Behle & Latimer
March 29, 2012
4811-0339-3039

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

3. Outline of Presentation
I. Utah Legislature 101
II. 2012 Session Review (using themes)
III. Protecting your Business by Playing
an Active Role
Please ask questions throughout

4. Composition of Legislature
Republicans (80) Democrats (24)

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 Dan McCay (Attorney)
 Rep. Holly Richardson was replaced by Rep. Craig Frank
(Businessman)

6. 2012 Legislative Session
 Mood was calmer than some years
– This is an election year
 No new taxes, again!
 No bonding
 Some squabbling between Senate & House
– Senate has fewer members (29, compared to 75)
but passed almost as many bills (209, compared
to 269)

7. It was a Very Busy Session
 891 bills were numbered; 764 bills were
introduced; 478 bills passed
 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 the bills in the last few days of the
Session

8. Comparing Bill Passage Over Time
2011 2012
782 764
504 478
Bills Bills Bills Bills
Introduced Passed (62%) Introduced Passed (64%)

9. 2012 Bill Passage By The Numbers
Republican -
sponsored
bills that
passed Democrat -
(414) sponsored
bills that
passed
(64)

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%)

11. 2012 Bill Passage By The Numbers
78%
56% 56% 55%
Senate Senate House House
Republicans Democrats Republicans Democrats

12. Session’s Broad Themes
 Local Government
 Energy
 Environmental Boards
 States’ Rights
 Budget
 Health Insurance Mandates
 The Sexy Stuff (always at the end)

13. 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

14. Energy
 Renewable Energy
– Allowed businesses to buy “green energy”
directly from renewable energy producers
 Alternative Energy
– Existing incentive changed to tax credit
– Available to renewable, oil shale, nuclear
 Energy Infrastructure
 Uintah Basin Energy Zone

15. Environmental Boards
 Adjudication
– 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
– Changing an attempt to make boards more
technical and effective

16. States’ Rights
 Federal Lands: Sagebrush Rebellion 2.0
– Demanding the federal government turn over
lands to state
– Lands could be opened up to mining, drilling and
grazing
 Health Care Compact
– Asking federal government to cede control of
health care programs
– Would use “block grant” money from federal
government

17. Budget
 Budget was $13 billion
 Had $440 million more to spend
– Funded growth in education
– State employees - 1% raise
– Used mortgage settlement money
– More into rainy day fund than required - $11
million
– Did not borrow for roads

18. 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 kids at a cost of $30,000 annually
• “Back-door mandate”

19. E-Verify
 Governor Herbert wanted teeth put in the
law
– Disappointed it didn’t happen
– Will pursue it next year
– Bill would have:
• Suspended business licenses for violations
• Applied to all businesses
• Applied to hiring of independent contractors

20. Other Issues
 Ag-gag bill
 Employer premium reduction for wellness
programs
 Open carry law did not pass
 Alcohol – tinkered with commission
 Car inspections less frequent
 Unemployment insurance top rate
reduced 2%

21. Sexy Issues
 Immigration
– Stepped back from the brink (Sandstrom lost
voice vote)
 Tanning Beds
– Not for minors
 Hookah and e-cigarettes
– Outlaw them
 Sex Education
– Don’t ask, don’t tell

22. Protecting Your Business
 Get in the Game
– Stay apprised of any developments
– If you see an issue of concern, what can you
do about it?
– Contact your legislator (le.state.ut.us)
– Contact us. We can help

23. Protecting Your Business
 We strategize with clients
 We monitor the Legislative Session
 We draft legislation
 We help get bills passed
 We help get bills killed
 We seek appropriations
 We help with incentive packages
 We help clients get what they need to protect
their businesses

24. Protecting Your Business
 Legislature has study committees that
meet monthly
 Master study list gives some idea of
issues to be studied

25. New Faces are Coming in 2013
 Numerous legislators are running for other seats
– Rep. Chris Herrod (US Senate)
– Rep. Stephen Sandstrom (US House-4th District)
– Rep. Ken Sumsion (Utah Governor)
– Sen. Ross Romero (SL County Mayor)
– Sen. Ben McAdams (SL County Mayor) (didn’t have to resign or
choose which race to enter)
 Tea Party may lead to losses by incumbents
– (maybe not – “Hatch Factor” – we’ll see on April 21)
 Redistricting just occurred
– Many incumbents will be running in districts that are substantially
different from the last election

26. New Faces are Coming in 2013
 Retirements
– Senate President Michael Waddoups
– House Minority Leader David Litvack
– Senate Minority Whip Karen Morgan
– Rep. Todd Kiser
– Rep. John Dougall
– There may be others that have not announced their
retirements

27. Likely Study Issues
 E-Verify
 Alcohol
 Employment Discrimination
 Product Liability
 Subcontractors
 Water
 CO2 Emissions
 Encouraging Manufacturing

28. More Study Topics
 Privatization
 Government Competition with Private
Sector
 Agency Retention of Fines and Forfeitures
 Coal and other severance taxes
– Impact on utility rates
 Telecommunications Taxation
 Other Issues?

29. Task Forces
 Economic Development
– To include air quality issues
 Health System Reform
 Veterans Reintegration

30. Don’t Hesitate to Call
 We’re here to help – never be reluctant to
call
– About tanning beds…
– or sex education…
– or even hookah and e-cigarettes
Thank you