S.B. 99 Enrolled

1

EMPLOYMENT AMENDMENTS
2 2012 GENERAL SESSION
3 STATE OF UTAH
4 Chief Sponsor: Mark B. Madsen
5 House Sponsor: Eric K. Hutchings
6
7 LONG TITLE
8 General Description:
9 This bill prohibits a municipality or county from enacting or enforcing an ordinance
10 that establishes, mandates, or requires a private employer to establish or offer an
11 employee benefit.
12 Highlighted Provisions:
13 This bill:
14 . defines terms; and
15 . prohibits a municipality or county from enacting or enforcing an ordinance that
16 establishes, mandates, or requires a private employer to establish or offer an
17 employee benefit.
18 Money Appropriated in this Bill:
19 None
20 Other Special Clauses:
21 None
22 Utah Code Sections Affected:
23 ENACTS:
24 10-8-84.5, Utah Code Annotated 1953
25 17-50-333, Utah Code Annotated 1953
26
27 Be it enacted by the Legislature of the state of Utah:
28 Section 1. Section 10-8-84.5 is enacted to read:
29 10-8-84.5. Limitations on employee benefits imposed by a municipality.

30 (1) For the purpose of this section:
31 (a) "Accident and health insurance" is as defined in Section 31A-1-301 .
32 (b) "Employee" means an individual employed by an employer.
33 (c) "Employee benefit" means one or more benefits or services provided to:
34 (i) an employee; or
35 (ii) a dependent of an employee.
36 (d) "Private employer" means a person who has one or more employees employed in
37 the same business, or in or about the same establishment, under any contract of hire, express or
38 implied, oral or written.
39 (e) "Insurance" is as defined in Section 31A-1-301 .
40 (f) "Life insurance" is as defined in Section 31A-1-301 .
41 (2) A municipality may not enact or enforce an ordinance that establishes, mandates, or
42 requires a private employer to establish or offer an employee benefit, including:
43 (a) accident and health insurance;
44 (b) life insurance;
45 (c) sick leave; or
46 (d) family medical leave.
47 (3) Nothing in this section prohibits a municipality from considering an employee
48 benefit described in Subsection (2) among other criteria when issuing a request for proposals.
49 Section 2. Section 17-50-333 is enacted to read:
50 17-50-333. Limitations on employee benefits imposed by a county.
51 (1) For the purpose of this section:
52 (a) "Accident and health insurance" is as defined in Section 31A-1-301 .
53 (b) "Employee" means an individual employed by an employer.
54 (c) "Employee benefit" means one or more benefits or services provided to:
55 (i) an employee; or
56 (ii) a dependent of an employee.
57 (d) "Private employer" means a person who has one or more employees employed in

58 the same business, or in or about the same establishment, under any contract of hire, express or
59 implied, oral or written.
60 (e) "Insurance" is as defined in Section 31A-1-301 .
61 (f) "Life insurance" is as defined in Section 31A-1-301 .
62 (2) A county may not enact or enforce an ordinance that establishes, mandates, or
63 requires a private employer to establish or offer an employee benefit, including:
64 (a) accident and health insurance;
65 (b) life insurance;
66 (c) sick leave; or
67 (d) family medical leave.
68 (3) Nothing in this section prohibits a county from considering an employee benefit
69 described in Subsection (2) among other criteria when issuing a request for proposals.