May 22, 2014

"Well, applaud I Judge Kimball from the standpoint that he had the wisdom to issue a stay against his judgment..." -Governor Herbert

Transcript of the Governor's Monthly News Conference on KUED

GOVERNOR HERBERT: Good Morning.

GOVERNOR HERBERT: I do, thank you. I think we all recognize we're approaching the Memorial Day weekend, and I hope all of you takes the opportunity to, with their families, to recognize those men and women who've served our country so diligently and so well and have given the ultimate sacrifice. It's an opportunity for us to remember them and recall their service and to do what we can to improve our communities and our state and our nation. I also recognize that families will gather and in many instances take the opportunity to go out to the outdoors and recreate and I just want to encourage people to be careful when they do that.

We're into the fire season now. We all know we've had kind of a drought condition particularly in the southern part of Utah and so there's some tender box-like conditions out there. So let us just go out there and be careful, be cautious, use some common sense in how we do our fires and careful with fireworks and firearms so we don't have some wildfires out there. So just the old adage that only you can prevent forest fires. We need to make sure that we're careful. We do have a webpage that people can go to get some directions and some instructions on the fire conditions out there. It's called Utahfireinfo.gov, Utahfireinfo.gov. Access that website to help you with your outdoor recreation. So with that, I'm happy to take questions that you have on your mind.

KEN VERDOIA, KUED: Governor, there appears to be a bit of a disconnect between your vision and the Republican leadership and the state legislature on addressing health insurance coverage to more than 100,000 Utahans who fall outside of Medicaid eligibility. Advocates say each day this issue is pushed down the road puts people at risk, individuals and families. Are you willing to wait until the next general session of the legislature to act on Medicaid expansion?

GOVERNOR HERBERT: I think we need to act in a timely fashion as possible, and I don't know if there's so much as a disconnect as there's a concern, I think, in the legislature. And I understand the concern that they need to do their own due diligence. It's really hard to vote up or down on the health Utah plan 'cause we don't have all the details and specifics in place to vote up or down.

We understand the concept that I've proposed which has been received well by the administration, and I'm optimistic that we're going to be able to work out the details and get to the point where it's acceptable to me as an alternative to Medicaid expansion and I would believe acceptable to the legislature. So we will certainly make sure we keep the legislature informed as we move forward. They will have processes where they can have it vetted themselves, maybe some committee hearings before we would ever call them into a special session. So I understand their concerns. I think we can alleviate those concerns and we need to do this as promptly is as possible.

LISA RILEY ROCHE, DESERET NEWS: Are you still on the same timetable, governor? You've told us several times you hope to get this settled this summer with a special session.

GOVERNOR HERBERT: That's my hope. Again, it's an aspirational goal and I think, you know, sooner the better. But we clearly have got some negotiations yet to do the Obama administration. The work requirement is an issue that keeps coming up and how we do that and how we can innocent people, which I think is important, to get into a healthy Utah situation to get off of the government assistance program and on to work is an important part of the issue for me. And I think it's important to the legislature too. Actually, I think it's a concept and a view that most Utahans would support. So there's issues we've got to work out those details on. I'm going back in June to continue the discussion with the secretary of health, Kathleen Sebelius, and her staff to see if we can't narrow the differences we have and finally come up with some kind of resolution. Then we'll have something to propose to the legislature and we'll what happens from that point forward.

KEN VERDOIA, KUED: Governor, a recent analysis indicates that as many as two-thirds of the people that would be covered by the Medicaid expansion are, in fact, employed and working but just not capable of providing for their own health insurance. So does not that address in principle the notion of working Utahans receiving the benefit?

GOVERNOR HERBERT: Yeah, we call them the working poor and clearly there's a need to help those folks and they are trying to help themselves. So I know the study just came out. I'd like to analyze that a little bit closer myself. I have not had the opportunity to. The good news is, generally speaking, if you make seven bucks an hour on a job, you can qualify currently to go to the federal exchange and buy an insurance policy that is significantly subsidized and cost yourselves, you know, maybe 20 bucks a month to pay for an insurance policy to cover yourself. So I think there are options out there. We want to make sure that people understand what the options are and avail themselves to those opportunities.

GLEN MILLS. ABC-4: Governor, that same report takes the number up to 84% when you add in those who are not in the workforce, students, working spouses. Do you think it's fair to that 84% that it's taking this time to come to a conclusion and to a decision?

GOVERNOR HERBERT: Well, we're not the only one that's trying to analyze this. This has long term ramifications. The good news for my proposal is it's a 3-year pilot program. We're not locked in. We have the ability to analyze and see how it impacts the recipients. Are we actually benefiting the patients with the healthy Utah approach? Is the federal government willing to keep their part of the bargain and fulfill their responsibilities? And how does it impact, thirdly, our own state budget? Before the health, the Affordable Care Act became law, I hope everybody can remember that states throughout this country, Democrats and Republicans alike, were concerned about the expanding cost of Medicaid and it was becoming a real budget buster for most states. And so there's a concern that even though we have now a new approach and a Medicaid expansion under the Affordable Care Act, is it going to continue to be a budget buster? Is the cost going to be something the states are going to have a hard time affording? You know, the federal government doesn't have to balance the budget evidently. States do. They borrow incessantly and the concern, I think, for most governors, Republican and Democrat alike, is this a sustainable action?

Well, that takes some thought, some, you know, let's not just leap before we look. And so again I'm understand the concerns that people have on this Medicaid expansion. I'm trying to come up with a better, more fiscally responsible alternative to Medicaid expansion that gives a better outcome to the recipients and the people need access to health care. So it's in the a matter of being fair. It's a matter of doing what's prudent and what's fiscally responsible.

BOB BERNICK, UTAH POLICY.COM: Are you getting a bit tired that it seems to be that the 2016 gubernatorial election is playing politics now with things like this?

GOVERNOR HERBERT: Well, I don't know. You may be have some information, Bob, that I don't have on that. I expect there's politics in politics. Gee, that would surprise us all, wouldn't it? And, you know, people have got their own agendas and what they're trying to do. And but for me, it has no bearing on 2016. LISA RILEY ROCHE: Governor, you met yesterday, I understand, with the senate president Wayne Niederhauser on this issue. Before that meeting, he had expressed to reporters there were concerns about having public hearings on any kind of expansion proposal as well as maybe an interim session or two to get members comfortable with it. Is that what you talked about? Did you reach any agreement on how you would roll out this plan to the legislature?

GOVERNOR HERBERT: We haven't come to any agreement but he did express the concern which I understand is that you're out there working on this governor every day for weeks and months and trying to put together the policies and principles you've advocated for. The legislature, on the other hand, is not involved. They're waiting for me to deliver a product and this is going to be probably a concurrent process. We're bringing them along as we move, but they want to have the opportunity to do their own due diligence. They want to have an opportunity to dissect it and to understand the ramifications or what the potential pitfalls may be on this. I understand that. Again, they are the legislature. They control the budget and we're very concerned about what the long-term ramifications will be.

That's one of the reasons why I've made this a pilot program, so we don't end up buying a pig in a poke. We get something that we actually do believe will have long-term benefit to the people of Utah and the recipients and the taxpayer, and they have to be looked at in conjunction. It's not just let's help the few at the expense of the many and not recognize the expense of the many is something we need to be concerned about. So we're going to find the appropriate balance. We'll find a Utah solution to this issue I expect in one way or another. And I'm optimistic that we, in fact, will have a solution to deal with this issue that's very emotional.

LISA RILEY ROCHE, DESERET NEWS: You still think you have enough support in the house? I know you don't have leadership support, but do you think you have enough support among--

GOVERNOR HERBERT: Well, I don't know why you think I don't have leadership support. Again, we're working with all of the legislatures, all 104 and some will like what we're doing, some will not like what we're doing. Some will have a suggestion of a change or a modification or an improvement. We will work with all of our legislators, including those in leadership and do this in concert. And I expect at the appropriate time we'll come to an agreement on what is the right pathway to follow. As I've said before, doing nothing is not an option and you can see that we are doing something. The end product is yet to maybe be determined. I've got to negotiate with the Obama administration and get something, and we'll work with the legislature so we can all get, really the governor's office, the legislature and the Obama administration on the same page. I believe that will happen but until it happens, we're not going to have a product.

ROBERT GEHRKE, SALT LAKE TRIBUNE: Governor this week, the president declared a national monument in New Mexico, 500,000 acres along the border and he said--one of the things he said was, "I'm not finished yet." Does that cause concern for you? There's several areas in Utah that have been recommended from a monument status. Are you in communication with the white house or the congressional delegations to stay on top of that. What's being done?

GOVERNOR HERBERT: Well, it would cause me concern if he used the same approach that President Clinton did with the Escalante Staircase Monument where we were all blindsided. Nobody knew about it. In fact, until the day of announcement, the previous day, he said it wasn't going to happen. So that would bother me if that's the approach that President Obama is going to take. I would hope that he's not. I would expect that he's not. The Antiquities Act and he talked about if the congress won't act and I agree with him. Congress ought to be acting on these things, and I think congress and Bishop has got a proposal out there to help us and Utah with some land exchanges that would be the proverbial win-win for everybody so at least that's one area where we're acting. We're being proactive here in the state of Utah to resolve some of these difficult issues.

The situation in Mexico, the local communities, we're asking for it. I don't hear any of the local communities in Utah asking for any kind of special monument designation so I'm more than happy, and I expect that our legislature more than happy to work with our congressional delegation with the president to find out where the areas of protection ought to be. I would suggest that Congressman Bishop's initiative on public lands and exchanges is a good way to do this and to handle it that would provide, you know, I think everybody with opportunities to say, "We've got some benefit out of this" as opposed to the animus that would be created by a national monument.

ROD DECKER, KUTV-2: The BLM is going to move 200 horses from the Utah range. Is that good? Does it satisfy you?

GOVERNOR HERBERT: It's a good start. It's a good start. We have got areas that are managed by the BLM with the wild horse and burro statutes as they should be doing that have been overgrazed. There's overbreeding that's taking place there where there ought to be 300 or 400, there's 2,000 or 3,000. And the sad case is that we're doubling those populations every three to four years. So we're at a critical situation here where we've got to do something to better manage the horses and the burros out there and at least the BLM recognizes that, that's why they're moving 200 horses. So that's a good start and I've talked to Neil Kornze at the BLM and he recognizes the challenge that's out there, and we're going to work with him to see if we can't come up with a an appropriate resolution.

BRADY McCOMBS, ASSOCIATED PRESS: Governor, what are you thoughts on a possible appeal of Judge Kimball's order this week ordering the state to recognize the thousand plus same-sex marriages from December?

GOVERNOR HERBERT: Well, applaud I Judge Kimball from the standpoint that he had the wisdom to issue a stay against his judgment, 21 days for us to take time to analyze it and to review and see what would be the appropriate action for the state to take. Clearly the state's position is, and I concur, is that we have laws on the books that have been put there by the people through their appropriate process, through our legislature or through the initiative petition process which gave us amendment three.

We have an obligation as a state, as a governor, as the attorney general's office to defend those laws and until those laws are changed, and there is a process to go through that. And so we will analyze the situation on the appeal this specific very narrow ruling by Judge Kimball and see how that, you know, dovetails in with our overall goal of defending amendment three in the Constitution of Utah. That's yet to be determined. I will be getting a briefing and have some discussion with the attorney general and our team there and then make a decision. I expect something will be decided in the next couple of weeks.

MAX ROTH, FOX-13: Governor, there's some discretion in how you do defend a lot, how far you go in defending a lot on the state books. I wonder if you accept the analogy that the courts, the federal courts around the country seem to be accepting, which is analogizing gay marriage to marriage between black people and white people?

GOVERNOR HERBERT: Again, I know there's a lot of legal theories out there and a lot of opinions. Certainly judges have them themselves and we have certainly a lot of different attorneys out there that look at the same set of circumstances and draw different conclusions. We have a judicial process set up in our country, outlined in our own state constitution in and in our federal Constitution, and we need to let that play out. We will not know the answer to the question of if this is constitutional or not if Judge Shelby, who's the first man in the history of our country to make a declaration that in the United States Constitution, there's a right to same-sex marriage. It historically, over our history of our country, has been a state prerogative and the definition of marriage over thousands, millennia of time has been between one man and one woman. Well, this is a new day. I understand that. And mores may be changing, but we have a law in the books that needs to be defended and we won't know the answer to any of the questions that associated with this issue until we actually get to the Supreme Court.

MAX ROTH, FOX-13: Can you speak to that analogy though between interracial marriage and gay marriage? Because that's what a lot of the arguments are based on that states had in their books and defended anti-misogyny laws, different sorts of laws and if that is comparable then, you know, at some point they decided it wasn't appropriate.

GOVERNOR HERBERT: Some think it is and some think it is isn't. It doesn't matter what I think because I'm here to defend the law. I have to represent. It's a representative form of government. It's what the people of Utah think. I do believe in state rights. I do believe states have the right to make the definitions regarding marriage. That has historically been the fact. And so what you choose to do with your sexual orientation is different in my mind than what you're born with as far as your race. So I don't think that they're exactly the same but it doesn't matter. What matters is the law on the books. We have a law created by the people of Utah, and we need to defend that law to the very end, from beginning to end, and then we'll have clarification. I would think that's what everybody would want.

I'm dismayed by voices out there that want us to stop in the middle of the process because they think the polling numbers are different or that the mores have changed or some other reason. If that's the case, then the people through their legislative process can change the law. They can do the same thing, take things off the books that have been put on the books. It just so happens we're in the middle of a court process, a judicial process which I think is less predictive and less certain. And as Ruth Bader Ginsburg said regarding the abortion issue, it should have been settled legislatively as opposed to by the courts. I fear that this would be the same kind of situation. I expect that the supreme court will hear the discussion and make the decision on whether this is a state right issue. I believe that it is. We won't know the answer until it gets to the Supreme Court.

KEN VERDOIA, KUED: Governor, you've said there's no animus in your heart towards same-sex couples. You repeated that on several occasions. Assuming you had the opportunity to sit down with them and say--a couple, same-sex couple in front of you, what would you say to them in terms of what you hope for them as a Utah citizen as well as what you hope for the state?

GOVERNOR HERBERT: Well, I have no animus towards anybody out there regarding their sexual orientation. I think those are difficult issues that people have to deal with. And the humanity, I understand the respect of our neighbors out there that have, you know, different orientation than myself and different challenges in life. I'm empathetic to the confusion and the chaos that's been created by the Shelby decision and really created because of his lack of understanding, I guess, and a willingness to stay his own decision, which is historical in the making and has put people in a lot of limbo. I understand that concern and I'm empathetic to that problem. The sooner we get through the process the better. Again, I wish everybody on all sides of this issue well. I hope that they have patience. I have talked with the gay community and I hope this is an amicable situation. This is an important issue. It's emotional on all sides, but we won't have closure on this until we complete the process.

ROD DECKER, KUTV-2: Some readers of "The Salt Lake Tribune" fear the paper is in a death spiral because of an agreement between the Hedge Fund owners and [inaudible]. Have you heard about that? Are you concerned about that? Is it in any way appropriate for the state to intervene or for you to try to negotiate a solution?

GOVERNOR HERBERT: I think it's inappropriate for the state government to intervene in a private sector issue. That being said, I think it is important and I will certainly appreciate the fact that we've had two major papers in Utah. They've not always gotten along, as I understand it. There's people that would know this issue much better than I from the inside. But having, you know, two papers, competition and then a free market, I applaud. I enjoy. I appreciate. I think it's a good, healthy thing.

I expect that some wise business person will come along and say, "Hey, there's an opportunity here," and maybe they will acquire it from the Hedge Fund. I don't know what the Hedge Fund's motivation is. It seems like they just needed money or desperate for money and maybe made a good business decision from their standpoint, but not maybe a good business decision in behalf of "The Salt Lake Tribune" and their newspaper, I don't know. They have not talked to me about it, and I certainly don't expect them to give me a call. But I hope that we have two viable newspapers here, major newspapers, that continue to provide services to the people of Utah and represent the views of the masses of the people. I hope that both papers are fair and balanced. I hope that both papers are honest, and I hope both papers understand the responsibility that comes with appropriate journalism. I'm not sure that's always the case, but I hope that would be the case.

ROBERT GEHRKE, SALT LAKE TRIBUNE: Governor, can I back up just a little bit? You said, when we were talking about sexual orientation and the marriage issue, you said what you choose to do with your sexual orientation is different than what the race you're born with. Do you believe sexual orientation is a choice? GOVERNOR HERBERT: I think it's unclear. I expect there may be different gradations. Clearly the actions involved in sexual activity ultimately end up being choice. What your attraction may be is something else. How you act upon those impulses is a choice, but that's not for me to make that decision and consideration. My job is to represent the people of Utah and follow the law that we have on the books. It's very clear to me. I've sworn an allegiance to the Constitution of Utah and the Constitution of the United States. We have some conflicts out there that cannot be received until we complete the judicial process. And we're going to make sure that that's completed and then we'll have clarification.

BRADY McCOMBS, ASSOCIATED PRESS: Does seeing Oregon and Pennsylvania choose not to defend their same-sex marriage bans alter in any way you thinking on the issue?

GOVERNOR HERBERT: No, in fact, I find it very disappointing. And voices here in our community, media and others ought to, in fact, call them on the carpet of saying, "You have a responsibility to defend the law that's been put on them on the books by the people." For elected officials, governors, or attorney generals to say, "Pick and choose which laws we'll enforce," I think is a tragedy and is the next step to anarchy. You don't want me to pick and choose which laws I choose to enforce. It's the will of the people. It is we the people. We have a legislative process to create laws and put them on the books and we in the executive branch should uphold those laws and enforce them.

MAX ROTH, FOX-13: Then why aren't Utah agents done on the border of Utah and Arizona rounding up polygamists?

GOVERNOR HERBERT: Again, there's only so much you can do, and I expect you've heard the attorney general's office say it takes money and resources and how much we can do. But don't get the idea that they're not enforcing some laws. We have people in prison now and certainly with the child abuse and underage marriages and things that go along with illegal polygamy. So there is an effort to make sure we enforce the law, and we're certainly not going around saying it's okay and we're just going to ignore it.

LISA RILEY ROCHE, DESERET NEWS: Governor, if we can go back to the issue of Medicaid expansion and house support for that. I think earlier in this debate you've said several times that you believe if the house were allowed to vote, they would support your plan. And my question is, do you still believe that? We've heard from leadership, but we haven't heard from members of the GOP caucus which is a super majority kind of control of vote.

GOVERNOR HERBERT: Well, there's a lot going on. This is a complicated issue as most of the issues we've talked about today are. And so it's a little hard to vote up or down on something you don't know all the details about. And why would you? They want to know the details. They want to understand the ramifications of embracing the health of Utah, what it means today and what it means long-term for the taxpayer. And so I understand that. Again, we will work very closely with the legislature to make sure that they have all the information that we have so they can then take the opportunity to digest it, understand it and then decide how they're going to vote. I believe at the end of the day, common sense will prevail. We're providing a common sense solution to a very difficult issue, and I think we will end up coming together on this and getting a good outcome.

LISA RILEY ROCHE, DESERET NEWS: Do you stand by your earlier statements though that if the house had been allowed to make a decision on your plan during the session, they would have supported it?

GOVERNOR HERBERT: I think the majority of the legislature themselves like the alternative to Medicaid expansion that we've proposed in concept. The devil's in the details. We need to go through that process to see exactly what's going to come out and what we actually will get from the Obama administration. I'm optimistic about that. We'll get to a good point and a place that I'm happy with. And if I'm happy with it, I think the majority of the legislature will be happy with it.

GOVERNOR HERBERT: Governor, we have about a minute left in our time so I have to bring us back to a conclusion. And I wanted to offer a question actually from one of my neighbors and their observation was this, "Every month it seems there's a governor's summit on fill in the blank. Are these merely symbolic gestures of concern for an issue or is there some substance associated with the notion of your rather regular summit meetings?"

GOVERNOR HERBERT: Well, you know, I guess by their fruits you shall know them, the good book tells us. We have great fruits in Utah. We're number one in about every positive category. Our economy is doing well. We're diversified. We have great quality of life. We have very charitable volunteering community. We're doing some really good things. I think the good Lord gave us two ears to listen and one mouth to speak. That means we gotta listen twice as much as we speak. And these summits are designed to give people opportunities to dialogue and to hear what other points of view are so we can come up with the right policy and the right outcome. It's working in Utah. It's working for our administration and so I don't apologize for having summits. I think I'm very inclusive in process and that's part of the secret of our success here in Utah as of this date.

GOVERNOR HERBERT: And we're out of time. Thank you for your time today and thank you for joining us in "The Governor's Monthly News Conference."

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