Utah State Victories
The following NFIB victories will make a real difference for your business.
Recent NFIB/Utah victories:
Saved small-business owners time and money by passing legislation exempting tangible personal property valued at $3,500 or less from the personal property tax
Counties were spending more for auditors' wages than the dollar value brought in on tangible personal property with value of $3,500 or less. Small business-owners spend valuable time away from work while an auditor is on site. This NFIB sponsored legislation becomes a win win for both the small-business owner in lost work time and the counties in saved wages.
Supported changes in health insurance for easier access and cost reduction
NFIB supported the passage of a bill that would require the Utah Public Employees Health Plan to provide a health savings account option to the employees of the state. This will hopefully force the hand of the Insurance carriers to produce a product that will work for small business also. HSAs allow the employer and employee to contribute to an account in which the employee chooses how to spend their health-care dollars. These are offered along with high deductible health plans.
Kept payroll costs down by preventing a minimum-wage increase
The minimum wage was never intended to be a living wage. NFIB defeated three bills that would have increased the state minimum wage. Small-business owners prefer that the market drive wages. If an employer is not successful at monitoring what he needs to pay his work force, turnover will be high and production will decrease while new employees are constantly being trained. Most businesses in the state pay higher than the minimum wage already.
Prevented $250 million in future taxes to fund state employee benefits
NFIB/Utah stopped a massive tax increase that would have been used to cover the costs of sick leave for state employees. State employee sick leave costs have shot from $8.8 million in 2001 to $16.3 million and were projected to quadruple in the next 10 years to $250 million. Passage of HB 213 brings the costs of government under control and prevents tax increases to cover future costs of employee benefits.
Defeated a $76 million tax increase, limiting local government's taxing authority
NFIB/Utah helped defeat a bill that would have given local governments more taxing authority. This bill would have resulted in a one-fourth percent increase in the sales tax to fund highways and transit projects. SB 183 was stripped of the sales tax increase, saving local businesses a great deal of tax money -- as much as $76 million.
2003
Defeated $90 million tax increase: NFIB/Utah spearheaded a drive with other business groups to oppose the income tax increases that were proposed in several bills advanced in the 2003 session. Defeat of a $90 million increase in the income tax was a major effort for small-business interests because nearly 80 percent of small-business owners pay their taxes on an individual basis.
Fought for anti-government competition law: Fought for and passed legislation that will help stop government competition with private business. The Privatization Policy Board was given more authority to look into government competition and intrusion in what should be in the private sector. This review board will investigate state and local government encroachments in providing goods and services that are already available in the private economy. In other words, if you can find it in the Yellow Pages, the government shouldn't be doing it.
Blocked additional regulations in the anti-discrimination law: AARP and several labor groups supported a bill that would have required small business (those with 14 and less employees) to come under the anti-discrimination law. This change would have increased the record keeping of recruiting, interviewing, hiring, training disciplining or dismissing of employees. NFIB/Utah opposed the proposal because of the high costs of regulation and investigative intrusions to small-business owners.
2002
During the fifth special session of the legislature, NFIB/Utah and other business groups gathered strong support to defeat tax increase on small businesses in Utah. Special session HB 5006 would have socked small businesses with $50 million in new taxes through a new quarterly withholding tax.
Utah is still looking for ways to cover a projected $250 million shortfall in revenue. Legislators have suggested that some business tax incentives should be eliminated. More than 66 percent of NFIB/Utah members are against this, and we are working hard to retain the incentives.
2001
NFIB/Utah was part of the business coalition that was successful in reducing the Unemployment Insurance Tax. The implementation of the tax reduction will save Utah businesses $110.6 million during the next five years. More than $77 million will go to the small businesses that only pay the social tax because they have little or no unemployment assessments.
1999:
Mandated Health Insurance Coverage: Once again, NFIB and other business interests were successful in beating back attempts by well-intentioned individuals and groups to tack on additional mandated coverages to group health plans. Four mandates were considered but not approved: HB 159, Mental Health Insurance Parity; SB 31, Equity in Prescription Coverage; SB 160, Provision for People with Diabetes; and SB 37, Procurement Code Requirement of Health Care Benefits.
Super-Majority Vote: A measure that would have required a two-thirds majority vote of both houses to approve future increases in the statewide real property tax failed in the Senate following passage in the House. House Joint Resolution 1, a proposed constitutional amendment, was introduced by Glenn Way (R-Spanish Fork). NFIB supported the legislation.
Y2K Immunity: House Bill 189 would have given state and local governments immunity from lawsuits caused by the Year 2000 computer bug. The House approved the bill, but it failed in the Senate on a vote of 8-18. NFIB was not in favor of the measure.
Liability Law Corrected: A recent state Supreme Court decision concerning a personal injury case had the effect of re-instituting joint and several liability. The 1986 Legislature replaced joint and several liability with the concept of comparative fault. Under comparative fault, the court portions out the percent of fault for the injury among the defendants and the plaintiffs. A defendant is responsible only for that portion of the fault assigned. Under joint and several liability, a plaintiff who is 1 percent at fault may be required to pay 100 percent of the claim if the other defendants are not available to pay their shares of the damages. Following long and often faltering attempts to reach a compromise with trial lawyers, business was able to get an acceptable draft of HB 74. Rep. John Swallow's persistent efforts finally resulted in the bill easily passing the House and Senate. The bill restores comparative fault and again stops joint and several liability.
Workers' Compensation Solutions: Employers have long had the protection of law which limited a claim for workers' compensation disability benefits to a maximum of eight years from the date the injury or the date the disease is discovered. A recent Utah appellate court ruled against the eight-year limitation, which had the effect of allowing claims for benefits to be open indefinitely.
Paycheck Protection Refused: House Bill 104, sponsored by Rep. Evan Olsen (R-Young Ward), and SB 50, sponsored by Sen. Howard Stephenson (R-Draper), were two measures that would have limited the power of unions to take money directly from the paychecks of working men and women without their permission for use in political campaigns. Neither bill was debated in committee, and, therefore, they automatically failed. NFIB members voted 95 percent in favor of allowing union workers to approve any deductions taken from their paychecks to be used for political purposes.
Private Property Rights: Rep. Evan Olsen (R-Young Ward) has long been an advocate of giving private property owners help in dealing with government agencies that reduce the value of personal property through actions such as zoning and administrative rules and regulations. This year he sponsored two bills to improve the effectiveness of the existing statutes to protect private property rights.
House Bill 212 clarifies the role of the private property ombudsman, whose job it is to provide free advice on private property issues, such as condemnation and land for roads, building permits, zoning, and conditions of approval for development. House Bill 186 provides additional funding for office staff help and for appointing volunteer mediators and arbitrators to settle disputes.
Together, these bills put the ombudsman in a better position to help landowners avoid lawsuits against local government over constitutional property rights.
1998:
Health Care: Nine of 12 insurance mandate bills which would have increased premiums for businesses failed to pass.
Property Tax: A bill which would have amended the constitution and allowed the Legislature to set tax rates for various classes of property failed to pass.
Workers' Compensation: Lawmakers passed several reforms concerning the state Workers' Compensation Fund to extend coverage to employers who conduct business out-of-state and expand insurance options.
