June 24, 1999

We will, I'm sure, have discussions about using that for a myriad of things ranging from education to providing health care for children, and I'm sure there will be those who will present the possibility of a tax cut.

Reporters (in order of appearance):

SCOTT THOMPSON, KUED
KAT SNOW, KUER
JUDY FAYHS, SALT LAKE TRIBUNE
TOM JORDAN, METRO NETWORKS
RAY FRIESS, KALL / K-NEWS
LUCINDA DILLON, DESERET NEWS
ROBERT GERHKE, ASSOCIATED PRESS
CHRIS VANOCUR, KTVX
LIZ WHITE, DAILY UTAH CHRONICLE

Transcript:

SCOTT THOMPSON, KUED: Governor, thank you for being with us again this evening. First I'd like to start with a question. It may be a bit of an old issue back from the legislative session that's been in the news again. Earlier this year you signed a bill, the Public Attorneys Act, that would strip the Attorney General's office of power over civil lawsuits. Recently this month, there's been some talk among you and her office and Republican leadership about how to work out this bill. She said she's going to fight it in court. What have those meetings been? Is there some room for compromise on this Public Attorneys Act that will meet your needs and the Attorney General's needs?

GOVERNOR LEAVITT: We don't know. We have been exploring that. There are some -- we are looking for places that we agree, and there are some. And -- but whether or not we'll be able to avoid litigation is still unknown.

SCOTT THOMPSON, KUED: This was a very divisive political issue, though. Have the discussions been more civil now? Has the dust settled enough that you can talk about this?

GOVERNOR LEAVITT: Well, it's always been to me a very important philosophic issue, and I don't -- we've tried to conduct it in a way that, at least from my standpoint, has been just presenting a question. How can we make the law as clear as the Constitution? And it's not unusual to have differences of opinion on the way the Constitution is to be interpreted. It would not be a surprise to me if we could find ways to clarify what the Legislature did in a way that would eliminate some of the worries that the Attorney General has expressed. If we can do that, that would be terrific. My only purpose is to make certain that we have a very clear understanding of how the statute reads and what the responsibility of the Executive is.

KAT SNOW, KUER: What are the areas where you agree, Governor?

GOVERNOR LEAVITT: I'm not going to go into any of the details of our discussions, because they are discussions and they're being held like any discussions ought to before you get into a litigation. I hope we can find ways to narrow differences. If we can we will.

JUDY FAYHS, SALT LAKE TRIBUNE: Are you hiring an outside attorney to handle the governor's --

GOVERNOR LEAVITT: I will. I haven't made that decision final. We're discussing it and preparing on the assumption there will be the need for us to have our position presented.

SCOTT THOMPSON, KUED: Would you foresee that you could avoid litigation altogether? Or are you convinced that this is going to have to be decided in a court of law?

GOVERNOR LEAVITT: I'd be hopeful that we could. I think it seems very possible that we could still need to have Constitutional clarification.

KAT SNOW, KUER: Why do you think you need an outside attorney and that it can't be handled within your office with the legal staff you have?

GOVERNOR LEAVITT: I don't have a legal staff. I have a general counsel. But I'm interested to have outside counsel handle it. I don't want it to disrupt the workings of my office. And I think that there will be those who have expertise that are specifically focused on this kind of thing, and I'd like to be represented. It's a very important issue in the way we structure the Executive branch.

TOM JORDAN, METRO NETWORKS: There's talk around the Fourth District Court in Nephi that your brother David is interested in running for Attorney General. Does this have any bearing on anything, and would you approve of it?

GOVERNOR LEAVITT: I hadn't heard that. So I'm not able to respond to it.

RAY FRIESS, KALL / K-NEWS: Governor, the State Tax Commission said yesterday Utah can expect a possible $22 million surplus. In your eyes, are we back in the money enough to look at tax decreases for the people again?

GOVERNOR LEAVITT: Well, I think a $22 million surplus on a $6.4 billion budget is one-third of one percent. Twenty-two million is a lot of money, but it's not by comparison to the total means of state government. We will, I'm sure, have discussions about using that for a myriad of things ranging from education to providing health care for children, and I'm sure there will be those who will present the possibility of a tax cut. I would not rule any of those out at this time, given the fact that it's very early in the process. We are literally just starting our budget process this week.

LUCINDA DILLON, DESERET NEWS: Governor, speaking of spending money, the tobacco issue is before us, and you'll address that if there is a special session and so forth. You have a committee that's set up to take RFPs and so forth. What kind of response are you getting from people about how to spend the money? Are there particular areas that you can talk about? And has that committee been open to public input? Have groups been able to come and give their two cents about it?

GOVERNOR LEAVITT: We have lots of ideas presented to us about how to spend the tobacco money. We are meeting with lots of groups. I've set a cabinet group to begin looking at the alternatives. The Legislature specified in general course that we would use it for tobacco prevention, abuse of tobacco, especially among young people, as well as health care for children, substance abuse, and other human needs. I think that's an appropriate way for us to express our general direction. My reasoning for wanting to raise it in a special session, I think it presents a unique opportunity, and I would like to establish, while not committing all of the money and not -- realizing you can't do anything but deal with it in large general terms, I'd like to set a course so that as we get into the other budget, we know how we'll use it over the long-term.

ROBERT GERHKE, ASSOCIATED PRESS: During the last interim meetings, it became clear how difficult it is going to be to come to consensus on these gun control issues. At this point, are you still planning on calling a special session, and are you confident that anything can come out of these meetings?

GOVERNOR LEAVITT: In my conversation with legislative leaders, after the last interim meetings, there were a number of areas where agreement was coming quite easily. Or at least there was the prospect of some agreement. The use of guns by mentally ill people, for example, seems to be an area where we could gain some agreement fast. The second would be I think the use of firearms in the commission of a serious felony is another area where I think we might see the Legislature interested in being able to restrict use of guns. Obviously, the sticking point is the issue of guns in schools. And specifically, concealed weapons. It's my own belief that the people of the state really want to see that happen. I have advocated that for some time and will continue to. Those who would have it not occur argue that concealed weapons have not been used in an abusive way in schools, and therefore, it's a right that ought not to be taken away. While I have an understanding of that argument, I don't personally believe that's the way it ought to turn. I think that the people of the state just don't want to have guns in the places that their children go to school. And that they'd like to see them restricted in the same way that we do in airports and courts and a number of other places. I think the sentiment on it is so strong that it will ultimately occur. It would not -- special sessions are not times and places to subject to divisive, difficult debates. Special sessions ought to be used for circumstances where you can gain some level of agreement, and you go in and get it done and then you go home. I don't question that if we're not able to resolve that issue in a special session that it will be raised at a general session, as it has been in the past. And I think if it's not resolved there, it would be raised at the next one as it has in the past. And if it's not resolved there, there's a lot of talk by the PTA and UEA and by the churches of our state, and many other community groups, of a referendum. And I think ultimately, this is one of those situations where the people just want it. And it's ultimately going to occur. And it may require some patience. I've been patient for three years now in advocating it, and I'm prepared to be patient until it occurs. I just believe it will.

CHRIS VANOCUR, KTVX: Politically, that sounds like an answer from somebody conceding defeat on that issue.

GOVERNOR LEAVITT: That should not be construed that way. I intend to meet on an individual basis in small groups to make my point again to members of the Legislature, particularly those in the House. There are strong feelings about it. I think that it's not a wise course, and I've been making that point, and I'll continue to. I'm not ruling out resolving it and -- in a special session. I'd like to. But I'm taking it one step at a time. I still feel a sense of optimism that when the Legislature has worked through their process, and that's what's happening now -- I've submitted some ideas, they're looking at ideas. When we get to the end of that process in the latter part of July, we'll sit down and say, could we use this constructively, and how? And I hope by that time that they've been persuaded to my point of view. If they haven't, then I suspect the public process will go forward. Ultimately, I believe that the people of this state want there not to be guns in schools. And I think that that point of view will ultimately prevail.

RAY FRIESS, KALL / K-NEWS: Governor, you were one of the movers and shakers who met with Senator Hatch in this past week before he announced that he would be in the presidential race yesterday. Did you tell him that you would support him if he threw his hat in?

GOVERNOR LEAVITT: I've been aware of Senator Hatch's interest in this for some time. And we've had ongoing discussions. He's asked my opinion on various matters related to it. I've been quite active and a long ways down the road in supporting George Bush, who is a very good friend of mine and a person of great talent. But Senator Hatch is a very close friend of mine and a person whom I think this state should be enormously proud and who I think is a legitimate national figure who has a great deal to offer. I intend to, through the course of the next several months, just help them both -- I've spoken with both of them ultimately about that, and I think they're both comfortable with it. And I'll be making -- I'll be appearing with Governor Bush when he's here in the state in July. And I've attended some events related to Senator Hatch's candidacy or the exploration with his candidacy. He's really only in an exploratory process right now. If there's a way I can be a help to him, I will be.

CHRIS VANOCUR, KTVX: Let's say today is the day of the western presidential primary. You go into the balloting area. You see George Bush on the ballot and Senator Hatch on the ballot. Which one do you vote for?

GOVERNOR LEAVITT: That's not where we are.

CHRIS VANOCUR, KTVX: I was hoping the answer would be either Bush or Hatch.

GOVERNOR LEAVITT: That's the value of being asked a question a year and a half ago, or at least a year before.

LIZ WHITE, DAILY UTAH CHRONICLE: Recently, you've been an advocate of the Western Governors University. Two questions regarding that. How far along is it in its implementation? Secondly, why are you directing funding toward that as opposed to the other nine higher educational institutions that are already established in Utah?

GOVERNOR LEAVITT: We are directing funding on a continuous basis to the nine institutions in the state. There's a very small amount -- in fact only a hundred thousand dollars, of appropriated money. Oh that's not true. I guess there's more than that from Utah, because we put some money in early -- But there's been less than a half a million dollars of state appropriated money going into WGU. We continue to make good progress. We're still looking to get our accreditation. There are 18 states that are working. The vast majority of the money that has been put into the WGU has come from private businesses that have been giving donations. Most of the high-tech companies like AT&T and Sun Microsystems and Microsoft and others that have a great interest in seeing it succeed. We are -- by the end of the year, we expect we'll have in excess of 300 students. We hope to be accredited by early next spring. We are now -- we do have students actively in the process. Starting a University is not an easy thing, particularly one that has substantial pioneering in its foundation. I continue to be optimistic that it will be a great partner for Utah institutions. For example, every student that WGU has will likely be taking courses from Utah institutions, because the classes that are actually taught by WGU are offered by other institutions, not directly from WGU.

SCOTT THOMPSON, KUED: Since we're talking a little bit about distance technology, let us go up to Logan and get a question from Jennie Christensen of KVNU radio up there. Jennie?

JENNIE CHRISTENSEN, KVNU: I'd like to go back to the elections. You mentioned the western primaries. Has a specific date been set? How many states are involved? And what are your own political plans for next year?

GOVERNOR LEAVITT: The date is the 10th of March, which is the Friday immediately between the first large primary on the 7th and Super Tuesday, which is on the 14th. Our reason for choosing that date is that it makes us a kind of lynchpin where candidates will look to create momentum going into Super Tuesday. There are only three states that are going to participate in the first western state primary. They will be Wyoming, Colorado, and Utah. That is fewer than I had hoped, and frankly, fewer than I had expected. Idaho failed on -- by one vote, I think. And Montana the same. And Nevada, to my surprise, it got caught in a political struggle between republicans and democrats. But we never been in the fray before. The West has essentially been left out. And we will now have a voice. And I'm very pleased about that. I think it will be -- the fact that Governor Bush is coming to Utah as a part of his campaign kickoff, I think is a very significant event in the political history of the West. It's not happening because Utah is a big state; it's because Utah is the center of the West, and it will be an event that will essentially be a focal point for all western states. There will be a lot of other western state participation in that event as a result, I think in large part because of the western primary.

RAY FRIESS, KALL / K-NEWS: Governor, back on Senator Hatch. Do you view him as really a viable presidential candidate, or just as a Utah's favorite son candidate?

GOVERNOR LEAVITT: Orrin Hatch is a member of the Senate who is widely respected across this country. People knows who Orrin Hatch is across the country. He's been in the Senate for years. He's been a chairman of the Judiciary Committee. He's been in the middle of almost every major debate in the last decade and on the floor of the Senate. He is a legitimate national figure, and he's got ideas that he wants to put forward in the presidential campaign, which is in place to have ideas heard and weighed and amplified in a way that otherwise could not be. By his own admission, his candidacy starts late, and it is one that will have to gain far more momentum than it will start with. But anyone in this country who is of that stature, who is prepared to offer themselves for public service in that way, and subject themselves to the difficulties and rigors of it, ought to be able to do it. And I think Utah should be proud of Orrin Hatch for the fact that he is the representative of the state that he is, and I don't have any illusions, nor does he, about what his chances are.

CHRIS VANOCUR, KTVX: Governor, do you suspect, and I guess this would be an issue if you ran for national office, do you suspect Senator Hatch's religion will become an issue in the campaign?

GOVERNOR LEAVITT: I suspect it will be a matter of curiosity. I don't know if that will make it an issue. That will be one of the things I suspect that's interesting to see.

SCOTT THOMPSON, KUED: Jennie asked a second question, about your political future and your political plans. Is there anything you want to tell us? Have you started to look that far down the road yet?

GOVERNOR LEAVITT: Actually, nothing has changed about my plans relative to what my previous public statements on it. I have told and asked those people who work with me politically to begin the process of looking and preparing for an election, a reelection effort. We are going to be raising money and organizing. But I want to have the option of taking a very hard look at this at the end of this year. I want to measure myself, I want to measure the freshness that I feel, I want to make certain that still I feel I'm the best one to lead this state. If I am, I won't be reluctant to seek a third term. But I do want to make the decision at the end of this year.

TOM JORDAN, METRO NETWORKS: You've just come back from the Commission on the Internet Taxation. Obviously this is going to be an issue that affects all of us. It's going to be a contentious issue isn't it, giving what you ran into I gather.

GOVERNOR LEAVITT: It's a difficult issue because it requires us to do a radical simplification of the system of taxation that's been in place for well over a hundred years. It's a system that's fraught with complexities and, frankly, inefficiencies. So it presents a lot of difficulty, but also a great opportunity. My position is very clear. I do not believe we ought to be taxing the Internet. We ought not to be taxing access to the Internet. There shouldn't be bit taxes, bandwidth taxes, shouldn't be any multiple taxes, any discriminatory taxes. Access shouldn't be taxed. It's an explosive engine of economic opportunity. But I do believe that transactions that occur, whether they are -- in any way ought to be treated equally. If you buy a book at a mall -- and they are required to collect sales tax -- you ought to be treated the same way if you bought it on the Internet. We ought to have a simple but neutral tax policy.

RAY FRIESS, KALL / K-NEWS: Governor, the Ernst & Young accounting firm said last year the 50 states altogether only lost 170 million from Internet sales tax. That's a drop in the bucket if it's divided up.

GOVERNOR LEAVITT: Well, that's -- I guess the point is that there is a point in the life of every problem when it's big enough you can see it and small enough that you can still solve it. This is a problem that I think no one disputes is going to become radically larger and dramatically more complex. And if we don't solve it now while it's in the solvable size, then once it becomes ten, 50, a hundred times larger, it will become that much more difficult. And not solving it has dramatic ramifications. It means that ultimately, we'll either have a dramatic discrimination against people who have businesses on Main Street and that one group of taxpayers will be subsidizing another, but it likely means we'll end up with some kind of national sales tax, which would mean that local decisions on schools and police and roads would be made in Washington, D.C. and not here. That's what we're trying to prevent. All we're working now to do is to use some foresight to create a system that is compatible with the 21st Century. It's absolutely unfair and unreasonable to expect a person doing business over the Internet, and almost every business will be, to do business in an atmosphere where they have to sort things out in 32-thousand taxing jurisdictions. It just won't work. We've got to figure a way to solve this problem. It may be one of the more thorny and difficult challenges of this generation.

SCOTT THOMPSON, KUED: Another question from Jennie Christensen up at our microwave site in Logan.

JENNIE CHRISTENSEN, KVNU: As you know, polygamy has been in the spotlight over the last few months. We hear about it on late night television shows. Do you think this is going to hurt our image in the state for the Olympics and for our candidates in national elections? And do you like the idea of continuing to pursue the cases of incest, welfare fraud, and child abuse in polygamist communities?

GOVERNOR LEAVITT: Polygamy is against the law in Utah, and it ought to be. I believe if there are cases that are clearly provable, that prosecutors ought to prosecute them. That would include welfare fraud or any other attendant crimes that are committed in the discrimination against people's civil or human rights.

CHRIS VANOCUR, KTVX: I think the other part of her question was, do you think that will come up in, for example, Senator Hatch's campaign?

GOVERNOR LEAVITT: I don't know. I suspect it's been so much in the news that it will likely be on the minds of some. But it's been around for a long time. It's not a new issue.

KAT SNOW, KUER: To clarify, Governor, did you mean if there's something against the law, prosecution should pursue it, that they should be prosecuting people for polygamy and bigamy? Or other kinds of crimes?

GOVERNOR LEAVITT: No, I'm saying that polygamy is against the law, and it ought to be. And if cases are presented to prosecutors that they believe are winnable, they need to make the judgment as to whether they think they should prosecute it. In my opinion, if they're provable cases, they should.

KAT SNOW, KUER: Including bigamy itself?

GOVERNOR LEAVITT: As I say, polygamy is against the law, and it ought to be, and we ought to prosecute in cases where it's provable. And there obviously are cases -- what brought this up is we were prosecuting cases where there was abuse taking place. We often forget that what has raised this issue over and over again has been the state's and local government's prosecution in instances like this.

LIZ WHITE, DAILY UTAH CHRONICLE: Last week, at a task force meeting at the capitol, the Lieutenant Governor Olene S. Walker attended. It was discussed about accountability and standards in public educational institutions. What is your feeling on that matter? What changes do you think should be made, and what will the repercussions be for higher education institutions?

GOVERNOR LEAVITT: Well, there's an ongoing debate right now in higher education how we measure excellence. For a long time, we measured it simply on the process of the reputation of the school. How hard it is to get in and how much money it costs, etcetera. There is a new wave in higher education. The trend is toward measuring the performance of students. And that's what I think we ought to be measuring.

SCOTT THOMPSON, KUED: Governor, we're out of time for this show. Appreciate you being with us here this evening. We'd like to remind our viewers you can find a transcript of this program online courtesy of the Utah Education Network, their Internet site is www.uen.org. I'm Scott Thompson, good night.

Recorded: June 24, 1999, 10:00 a.m. Eccles Broadcast Center
Broadcast: June 24, 1999, 7:00 p.m. KUED-Channel 7

 

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