There were many issues that received a lot of attention during the 2015 legislative session. How did the legislature’s actions affect your business? We can help you understand the session’s impacts. What are the legislature’s plans for 2016? How can you protect your business during the upcoming legislative study sessions and the 2016 legislative session?

1. 2015 UTAH LEGISLATIVE SESSION:
WHAT HAPPENED AND WHAT’S NEXT
Mike Bailey
Shelly Cordon Teuscher
Salt Lake City
April 9, 2015
4829-1971-5619 parsonsbehle.com

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 Inform you
 Alert you to issues that may affect your
business
 Scare you…just a bit
 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.
Goals of Today’s Presentation

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I. Utah Legislature by the Numbers
II. 2015 Session Review (using themes)
III. Protecting Your Business by Playing an
Active Role
Please ask questions throughout
Outline of Presentation

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63
24
12
5
2015 House and Senate Composition
Republicans Republicans DemocratsDemocrats
House Senate

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 Some things stayed exactly the same
(Senate Majority Leadership)
 Some things changed drastically (House)
2015 Legislative Session
2014 2015
Speaker Lockhart Hughes
Majority Leader Dee Dunnigan
Majority Whip Hughes Gibson
Majority Asst. Whip Ipson Wilson
Appropriations Chair Brown Sanpei
Appropriations Vice-Chair Wilson Dee
Rules Chair Sanpei Noel

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 New Speaker added intrigue, and battled
Senate President
 Many bills were not heard; hearings in both
houses
 Serious mood; not many “weird” issues
 As usual, the media focused on the “easy”
issues
 A “quiet” $500M went to schools
2015 Legislative Session

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It was a Record Setting Session
5 bills were vetoed
HB 385 (Renaming Veterans’ Highway)
SB 249 (Railroad crossings)
SB 278 (Motion pictures)
HB 197 (State Board of Education)
SB 94 (Overpayment of corporate
franchise or income taxes)
 831 bills were introduced (record)
 528 bills passed (record)

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764 748
786
831
478
524
484
528
Comparing Bill Passage Over Time
Bills
Introduced
Bills
Introduced
Bills
Passed
(70%)
Bills
Passed
(64%)
2012 2013 2014
Bills
Introduced
Bills
Passed
(62%)
2015
Bills
Introduced
Bills
Passed
(63%)

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478
524
484
528
235
260 276 277
Many Bills Passed
in the Final Week
Bills
Passed
Bills
Passed
Last Week
(50%)
Last Week
(49%)
2012 2013
Bills
Passed
Last Week
(57%)
2014 2015
Bills
Passed
Last Week
(52%)

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2015 Bill Passage By The Numbers
Republican -
sponsored
bills that
passed
(487)
Democrat -
sponsored
bills that
passed
(41)
2013:
94% Republican
6% Democrat
2014:
89% Republican
11% Democrat
2015:
92% Republican
8% Democrat

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65%
of the bills
introduced by
Republicans
passed
52%
of the bills
introduced by
Democrats
passed
Effectiveness of Legislators by Party
Republicans Democrats
2012:
64% Republicans
55% Democrats
2013:
73% Republicans
43% Democrats
2014:
64% Republicans
49% Democrats

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 Most Prolific Legislators By Party
Republican
– Sen. Curt Bramble (28 for 32)
88% pass rate
Democrat
– Sen. Karen Mayne (9 for 12)
75% pass rate
2015 Bill Passage By The Numbers

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78%
73%
76%
71%
56%
73%
56%
60%
Senate Sponsored v. House Sponsored
Passage Rates (Republicans only)
Senate Senate HouseHouse
2012 2013
Senate House
2014 2015
Senate House

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The Session’s Broad Themes
The Boutique
Issues
The Really
Big Issues
Heavily debated & usually
received media attention
The Ordinary
Issues
Expected,
not surprising

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The Really Big Issues
These bills were heavily debated and
usually received media attention

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Anti-Discrimination
 “Threaded the Needle”, not once, but twice
 People cried, applauded, hugged

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Tax Increases!
 In a year with budget surpluses?
Sad but true!
 Property Tax
 Sales Tax – maybe
– Gas Tax
– City Tax - maybe

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Healthy Utah – Dead Man Walking

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Healthy Utah – Dead Man Walking
 No deal
 And the talk goes on until July 31
 Special session in August?
 Even if you lead the House to water, they
may not drink

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Criminal Justice Reform

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So, Let’s Move the Prison!
 PRADA 1.0, PRADA 2.0, PRC = PDC
 $80M in funding plus process
 Pick a site
 Special session?

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And Air Quality Did OK
 Legislators put their money where their
mouth was:
– Enhanced funding
– Replacing dirty diesel school buses (almost)
 Not everything passed:
– Increase in fines and lengthening of statute of
limitations (SB 208 failed by a 12-14 vote)
 Some went backwards:
– Wood-burning stoves

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“No more stringent” became
“May be different”
 Utah law said environmental regulations can be
no more stringent than corresponding federal
regulations (except if a certain finding is made)
– David Bird drafted
 Protects business and industry
 Environmentalists: “Chills” new ideas
 Two bills in play:
– Bill to eliminate protection – DIED
– Bill to modify restriction – PASSED

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The Ordinary Issues
Things that were expected or not surprising

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Nothing Big on Liquor
 Wasn’t for lack of effort
 Unless you count Palchohol
– Utah’s prohibition passed the day after the federal
government approved it

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Political Reform
 Lobbyist Restrictions Loosened
 Still No Limits On Campaign Donations

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Count My Vote
 Attempts to amend it failed
– “A deal is a deal.”

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The Boutique Issues

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Commerce & Regulation
 Uber-regulation
– Taxis are freed too!
– Better negotiate before you get in
 Zenefits legalized too
 Tesla’s bill did not pass

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 Just talk to Dallin Jensen, David Bird or Wendy
Crowther
 It was a tale of two bills that passed
– HB 25 sponsored by Rep. Lowry Snow ( Sen. Dayton –
Senate Sponsor)
– 3 HB 43 sponsored by Rep. Kay McIff
 HB 25 restored the power of the state water
engineer to evaluate non-use in a change
application
 3 HB 43 modified the procedure for filing a change
application by a shareholder of an irrigation
company
Water

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And Weird Stuff, as Always
 Medical Marijuana? In Utah?
 Cow share – Who knew?
 Cockfighting
 State Domestic Animal
 Death Penalty
 Seatbelts

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And Weird Stuff, as Always
 Constitutional Convention
 High School Civics Test
 Breastfeeding Anti-Discrimination in the
Workplace

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Healthy Utah Notwithstanding, They
More or Less Do the Right Thing
 Anti-discrimination
 Refused to bail out millionaires

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Issues That May Be Headed Our Way

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 Health Insurance
 Automobile Franchise Laws
 Medicaid Expansion
 Minimum Wage
 Daylight Savings Time
 Medical Marijuana
 Air Quality
Master Study Resolution

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 Safety Inspection Repeal
 Bear Lake
 Tire Fees
 Property Taxes
 E-Cigarettes
 State Inheritance Tax
 Historic Districts
Master Study Resolution

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Ways to Succeed
 We’re from the legislature and we’re here
to help
– Change the rules in midstream
– Allow a new business product
 First, do no harm
– Permission is easier than forgiveness
– Defense, defense, defense

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How We Succeed
 Relationships with legislators
 Relationships with other lobbyists
 Strategic alliances
 Work with trade associations
 Take reasonable positions
 Be ever-vigilant

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 We strategize
 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 you get whatever you need to
protect your businesses (no request is too
difficult)
How We Succeed

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How did PB&L do?
 It was a very good session for PB&L

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 Get in the Game
– Stay apprised of any developments
– As we saw this session, reading the
newspaper is not enough
– If you see an issue of concern, what can you
do about it?
– Contact us. We can help
Protecting Your Business

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

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 Be vigilant – stay informed
 Think of ways that legislation can help your
business
– No request is too crazy / it is almost never
too late
 We’re here to help – feel free to call
– regarding business issues…
– or even medical marijuana
Takeaways

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 Mike Bailey
direct: (801) 536-6777
cell: (801) 201-0115
email: mbailey@parsonsbehle.com
twitter: @utahcounselor
 Shelly Cordon Teuscher
direct: (801) 536-6976
cell: (801) 541-5918
email: steuscher@parsonsbehle.com
twitter: @shel1290
Thank you