Leavitt Update
July 18 - 31, 1998

- Asked the U.S. House of Representatives to ask President Bill Clinton to withdraw his recent executive order on federalism. Governor Leavitt testified on Executive Order 13083 before a House Subcommittee on behalf of the National Governors' Association. The order, issued quietly by President Clinton last spring, significantly broadens the parameters in which the federal government can become involved in state and local government affairs. "This order represents a 180-degree turn from all previous federalism executive orders and is inconsistent with the principles of balance on which this nation was founded," Governor Leavitt said. "Where all previous executive orders on federalism aimed to restrain federal actions over states, the current version of this new order is written to justify federal supremacy." In addition to the National Governors' Association's opposition, the U.S. Senate, National Conference of State Legislatures, National League of Cities and the National Association of Counties have all called for the withdrawl of this executive order.

- Called for significant changes to the U.S. Senate version of the Internet Tax Freedom Act. The bill, sponsored by Senator Ron Wyden(D-Ore), is significantly different than the house version supported by the National Governors' Association. Speaking to the National Association of Counties annual meeting, he asked county officials to join with governors in leading a dramatic redesign of the sales tax system on remote sales. He warned if states and local government don't create a "technology compatible with a twentyfirst century system," the result will be higher property taxes and a federal system of sales tax. The result would be "a massive shift in power from the local government to Washington." Gov. Leavitt said that state and local governments support the development of the Internet, and view it as a powerful tool for economic development. They oppose new taxes on the Internet to foster continued business growth and electronic commerce. To achieve a more level playing field for businesses, governors believe that purchases made over the Internet or through mail order should be treated the same as purchases made at local retail locations. "It is fundamentally unfair that Main Street retailers should be required to collect a sales tax while Internet and mail order vendors can sell the same goods and not be required to collect a sales tax," Gov. Leavitt said. The House version of the bill calls for a commission to study Internet taxation and come back with proposed legislation within two years. The House bill also calls for a threeyear moratorium on new Internet taxes. The moratorium would end if no legislation comes out of the commission's recommendations.

- Joined with volunteers from across the state to spruce up the state. As a part of "Take Pride in Utah Day," Governor Leavitt visited with volunteers laying sod at This is the Place State Park and helped plant trees and clean up along the Jordan River Parkway with the Utah Federation for Youth. In honor of the day, thousands of individuals, families and organizations participated in community projects all over the state.

- Celebrated the anniversary of the Pioneers entering the Salt Lake Valley. Governor and Mrs. Jacalyn Smith Leavitt participated in the Bountiful Handcart Parade and the Days of '47 Parade and celebration in Salt Lake City. Also as a part of the Days of '47 celebration, Governor Leavitt joined with Senator Bob Bennett, LDS Church President Gordon B. Hinckley and others to dedicate a new monument to the Pony Express riders at the This is the Place State Park. Governor Leavitt accepted the monument on behalf of the state and praised the National Pony Express Association and the This is the Place Foundation for preserving the history of the Pony Express.

- Issued the following statement regarding polygamy: "On July 23, at the governor's monthly news conference, I was asked by reporters to comment on a current court case involving a 16-year-old girl who was beaten while trying to escape a polygamous marriage -- and whether the practice of polygamy should be prosecuted. My response to the first question was unequivocal: That there is no excuse for lax prosecution of human rights abuses. It is essential that prosecutors aggressively pursue allegations of incest, sexual abuse, statutory rape, child abuse, domestic violence and any fraud related to the receipt of government services. Regarding the prosecution of polygamy itself, I attempted to speculate why prosecutors at the state and local level do not prosecute polygamy as a lifestyle. I said it then, and I'll say it again now. Polygamy is prohibited by the Utah Constitution. It is against the law, and it should be. I do not condone polygamy. I am not sympathetic to its practice. I have spent a considerable amount of time this week asking state, local and federal prosecutors why polygamy is not prosecuted. Their response was a consensus – that polygamy falls into a category similar to fornication, adultery and sodomy; that it is difficult to prosecute for three reasons: 1) Proof. Most polygamous marriages are conducted in private, making them extremely difficult to document in court. 2) Legal impediments, including at least one Supreme Court ruling that a child cannot be removed from a home because of polygamy. 3) Higher priorities, such as murder, rape, gang violence and drug dealing. Utah is no different than any other state in its approach. Based on these same conversations, I'd like to make an important point. I learned this week that the First Amendment guarantee of religious freedom is not among the reasons prosecutors do not prosecute. Although the recent furor over polygamy has been unpleasant, the recent discussion has a positive consequence if it focuses attention on a lifestyle where abuses too easily can be shrouded in silence and secrecy."