
NEWS & EVENTS
Pignanelli and Webb: Trump, more Trump and term limits
In the last several weeks, the country has endured incredible searing heat. But that’s not just the record-breaking weather — it’s the never-ending political controversies: Allegations of racism, immigration pressures and dramatic congressional investigations. We explore the impact on Utah.
Recently, a poll conducted by UtahPolicy.com and reported in the Deseret News indicated a majority of Utah voters disapprove of Pres. Donald Trump’s job performance and only a plurality of voters support his reelection. What does this mean for “red state” Utah politics?
Pignanelli: "Trump has a tendency to make his own weather” — Maggie Haberman, The New York Times
This poll is extremely valuable to politicos as a treasure map, detailing land mines and obstacles lurking along an election path. Obviously, Trump is the antithesis of the average Utahn in so many ways — explaining why 53% disapprove of him.
These dynamics are challenging for all candidates of either stripe in 2020. Republicans cannot be viewed as too close to the president. Yet, the survey subtly reminds Democrats to establish clear distance from their party nominee — especially if debate statements indicate campaign promises.
The GOP should be concerned as this poll highlights that 67% of millennials and Generation Z dislike the president. Also, 18-34 year-olds really do care about tolerance and diversity, demanding such behavior in officials. This is especially reflected in the younger 4th Congressional District and its lower acceptance for Trump. However, most older Utahns support the president — and they vote.
Although the poll provides a path, implementation is difficult. Republicans who stiff-arm Trump face outcry from the right as will Democrats confront criticism when maintaining distance from the other presidential candidate.
Trump wins Utah again, while smart politicians in tougher races follow the map, thereby deftly avoiding land mines and shrewdly maneuvering through obstacles.
Webb: Trump isn’t going to lose Utah to one of the very liberal Democratic presidential candidates, but he also isn’t going to be any real help, and he might hurt, in the 4th Congressional District where Republicans hope to defeat Democratic Rep. Ben McAdams.
Attitudes about Trump basically split three ways: His base absolutely loves him and will stick with him no matter what he does. They love his political incorrectness, his brashness, his certainty, and especially his willingness to take on the news media, the establishment, illegal immigrants and foreign countries.
Another group absolutely hates everything about Trump. They hate his personality, his policies, his cockiness, his arrogance. To them he’s a juvenile delinquent.
A final group is in the middle (me among them). Most of the people in this group don’t like Trump’s personality, his incessant tweeting, his name-calling and the way he mocks other people. But they do like most of his policies, his economic success and many like his tougher stance against America’s adversaries and trade fairness.
I don’t believe Trump can win only with his base. But he seems not interested in appealing to anyone else.
For those of us in the middle group, the choice comes down to whether we like Trump’s policies enough to vote for him, despite his character flaws, or will we take a chance on an arch-liberal whose answer to every problem is more government and higher taxes.
While most Utahns were celebrating Pioneer Day last Wednesday, former special counselRobert Mueller testified before two congressional committees. Does anyone in the Beehive State care?
Pignanelli: Although a weird news junkie, even I could not stomach the entire ordeal, and often switched channels for glimpses of parade floats and bands. Mueller’s testimony did not provide any clear winners and losers. One media pundit conveniently observed Mueller was neither a punching bag nor a pawn.
Muller is a decent person who cares about his country and holds concerns about foreign governments corrupting our election process. Hopefully leaders take heed. Otherwise, the greatest tragedy is allowing these attacks on America to continue.
Webb: Here’s how to reelect Trump: Continue investigating every detail of his life. Keep holding hearings. Start impeachment proceedings. Ignore the problems facing the country and obsess about Trump. Make every news story every day about Trump, Trump, Trump.
Voters aren’t paying attention. Voters are much more concerned about health care, immigration, the economy and taxes.
Attempting to leverage frustration with politics, the United Utah Party launched an initiative petition to impose term limits on state officials. Does this effort have a chance?
Pignanelli: The biggest lesson learned from the unprecedented number of initiatives filed in 2018 is success depends upon money — mostly from out of state. Unless these resources materialize, this effort gains little traction. Further, Utah defeated the 1994 Term Limit Initiative and no one raised a peep when the statutory limitations were erased nine years later.
Webb: Successful or not, proposing a ballot measure is a good strategy to draw attention to the United Utah Party and give it a reason to exist. The party can ride this ballot proposal, get some visibility and make it an election issue if they can get it on the ballot.
Summer Newsletter
Firework shows, BBQ’s, and baseball games can mean only one thing; it’s summer time in Utah! Your Foxley and Pignanelli team is working just as hard as any other time of the year but we are putting a little more zest into our days. Each member of the firm has unique hobbies and interests and is diligently putting the office hours in while still finding time to pursue our personal interests. Here is a mid year update on what the firm is up to this summer solstice.
Firework shows, BBQ’s, and baseball games can mean only one thing; it’s summer time in Utah! Your Foxley and Pignanelli team is working just as hard as any other time of the year but we are putting a little more zest into our days. Each member of the firm has unique hobbies and interests and is diligently putting the office hours in while still finding time to pursue our personal interests. Here is a mid year update on what the firm is up to this summer solstice.
Doug
To say Doug and Aimee put their hearts and souls into the May 10th celebrations would be an understatement. More than a month later, they are still unwinding from all their hard work. The marrying of the rails was one of the most pivotal moments in Utah’s and the nation’s history and Doug certainly made sure the 150th celebration was done the justice it deserves- and it was.
There were many noteworthy moments to be sure the 150th was a celebration to remember. There was an unveiling of the Utah Spike. You may not have known, but there is an Arizona gold/silver spike, a Nevada silver spike, and the original Golden Spike that resides full-time at Stanford University. It was thought that it was only appropriate that Utah should have our very own copper spike!
Thanks to the efforts of Congressman Bishop, Congress declared the Promontory area as a National Historic Park. Which means move over Mighty Five, Utah is now home to the Super Six.
For those of you who were not able to join the party on May 10th, there was one portion that Doug and the rest of the Foxley & Pignanelli team highly recommends for you to watch. The keynote speaker for the event, Jon Meacham, brought the audience to tears. As Frank puts it,
‘Lincolnesque is the best description I have for this presentation. Mecham rivaled the Great Emancipator, Ronald Reagan and Martin Luther King. He did not use complex words but rather simple statements that were elegantly constructed. He moved the audience by a genuine product of verbal artistry that so describes the American soul.”
Click here to watch the presentation.
One of Doug’s top priorities for the sesquicentennial celebration was to be sure the famous ‘champaign pose’ photo would look drastically different from the one that was originally taken May 10th 1869 and later replicated for the 50th and 100th celebration. As a hobbyist historian, Doug has always admired the sacrifice of the individuals who truly made the Golden Spike happen. The labor put in by the Chienese and Irish immigrants has historically been ignored. But Doug wanted to be sure that 2019 would be the year to emphasize their contribution. The unification of cultures was perhaps best described by a couple who traveled from Plymouth, Massachusetts to be apart of the celebration day. Paul and Jane Cashman have been looking forward to the 150th for over 30 years and took the time to reach out to Doug to thank him for his hard work. In their letter, the couple stated,
“The “As One” theme is, in our view, the right way to think about, and celebrate, diversity in America. When there’s a big goal, we can pull together as one. That doesn’t mean there aren’t injustices along the way, but in time, we have the legal and cultural mechanisms to correct them.”
The commortoration gathered the attention of state, national, and international attention. There were many articles that covered the events in some of the most notorious news outlets, including theNew York Times.
The marrying of the rails was done in style thanks to Doug’s and Aimee’s tireless efforts. It was a day that inspired patriotism, brought a sense of unity between nations, and shined a bright light on our beloved Utah.
“...that speaks volumes about the good nature of Utahns, we think. We will sing Utah’s praises to our traveling friends, and we hope to make it back again soon.” -Paul and Jane Cashman
Frank
Speaking of marriage, Frank is looking at a proud (and expensive) year as a father. His only daughter will be tying the knot with her college sweetheart this September and his two twin boys will be heading off to college. Andrew, the left brained twin, will be attending the University of Utah and has been admitted to the prestigious Lassonde Entrepreneur Institute on a full ride scholarship. Anthony, the right brained twin, will be moving cross country to Boston to join the Berklee School of Music. As a soon-to-be empty nester, Frank is looking forward to quiet evenings on his patio.
Renae
Apart from her work at the Foxley & Pignanelli office, our cowgirl is up to one thing this summer- rodeo, of course! She’s off to a great start so far by placing 13th in the 2019 Pro-Rodeo Wilderness Circuit Standings. She has many more races ahead and will likely be making a stop at your hometown rodeo sometime this summer. If you are interested in attending one of her races click here for her summer schedule. Renae welcomes supporters to all of her races and would love for you to come say hi and give her horse a good luck treat.
*Please be sure to contact her beforehand to coordinate!
Aimee
We aren’t sure how, but somehow Aimee is able to keep many balls in the air for the office, her family, and personal interests. One of her pet projects during the summertime is Venture Outdoors. It is a campaign in Millcreek to get families to enjoy outdoor activities in the summertime. They offer free recreation clinics, live music, food trucks, community vendors an outdoor movies to the community every summer and Aimee is the woman who makes it happen. She enjoys the opportunity to give back to her city and welcomes anyone interested to join the summer festivities.Click here to learn more.
Machi
While we are on the topic of ‘venturing out’, our beloved junior associate Machi Johnson is leaving Foxley and Pignanelli for greener pastures- literally. This August she will be attending law school in the heart of the Bluegrass at the University of Kentucky on a generous scholarship from the institution. The office may burst into chaos with her absence but we could not be more happy to send her off on her next chapter to invest in herself. This summer she will spend a little bit of time preparing for the infamous 1L year and most of her free time enjoying her favorite Utah summer activities; jeeping, paddleboarding, rockhounding, boating, and hiking.
From all of us at Foxley and Pignanelli, we hope you are having a splendid summer!
Pignanelli and Webb: Romney, Trump, Mueller and the presidential election
With a few exceptions, politics in Utah is rather quiet. Time to check out the Mueller report and the presidential contest
With a few exceptions, politics in Utah is rather quiet. Time to check out the Mueller report and the presidential contest.
After the release of the Mueller report, Sen. Mitt Romney made national headlines by criticizing President Donald Trump, while other members of Utah’s delegation were mostly quiet or nonchalant or even defended the president. Why is Romney an outlier?
Pignanelli: "Donald Trump is not going to be frog marched out of the White House in handcuffs and the 2016 election will not be reversed by this.” — Terry Moran, ABC News
Romney achieved much in life because of immense discipline. Clearly, such steely resolve blocked the temptation to scream every chance possible "I told you so!" While prior — and the existing — administrations were coy in their relationships with Russia, Romney was the counter Churchillian voice warning of mischief. So he has absolute credibility on the matter. Further, it is refreshing that Romney is not wasting the immense political capital he enjoys in Utah and the country.
The remainder of the delegation is reflecting dynamics in the nation's capital and across the nation. The report does not change the calculus of supporters and detractors of the president.
The Mueller document describes the Russian interference in the 2016 elections as "sweeping and systematic." Reading this report fosters anger that the media and others are senselessly focused on impeachment when they should be inquiring of officials as to the punishment and prevention of these attacks on America. Perhaps there is a role for Romney to lead Congress to the correct response and away from partisan sniping.
Romney's willpower remains impressive, despite a weakness for Twinkies (a frequent destroyer of good intentions).
Webb: In attacking Trump, Romney may be trying to carve out a niche for himself as Trump’s chief critic among Senate Republicans, replacing the late Sen. John McCain. By doing so, Romney will generate lots of headlines and adulation from Trump haters, but it won’t help him pass legislation or solve the nation’s very serious problems.
The Mueller report is not the nail in Trump’s coffin that leftists were hoping for because it revealed nothing we didn’t already know about Trump. Besides clearing him of criminal collusion with Russia, it portrayed Trump as an erratic bully who gets angry, holds grudges and encourages subordinates to do questionable things. It spotlighted Trump’s many character flaws.
But all those things were obvious even before Trump was elected. Trump is Trump and will ever be so. The real question is whether his policies are producing jobs and a strong economy, more freedom and more respect in the world after the Obama years.
On those fronts, with the exception of immigration (where I think he is dead wrong), Trump has performed quite well. My bottom line is comparing him to the leftist, socialistic Democratic presidential candidates — all of whom scare me more than Trump does.
Many prominent Democrats are calling for the House to begin proceedings to impeach Trump. Would that help or hurt Utah Democrats, especially Rep. Ben McAdams?
Pignanelli: In 1998, Special Investigator Ken Starr documented President Bill Clinton committed acts of perjury and obstruction of justice while treating the Oval Office like the set of an adult movie. With flimsy responses from the White House, Congress impeached the president but failed to convict in the Senate. Regardless of the horrendous actions detailed, Americans felt the GOP overreacted and Democrats made gains in midterm elections.
Impeachment obsessed actions will hurt Democrats on the national and local level. Their efforts are better attuned to resolving issues on healthcare, immigration and expanding the death penalty to fraudulent telemarketers annoying us on our cellphones.
Webb: Trump is saying, “Make my day — impeach me.” In the upcoming campaign, Trump will say (if he can stay on message): “We have the best economy in decades … lowest unemployment in history for Hispanics, blacks, teens and women … wages are rising for all income levels … manufacturing is booming … virtually everyone enjoyed a nice tax cut ... energy is abundant, cheap, and we’re energy independent … threat of war in the Korean peninsula is reduced … NATO members are paying more for their own defense … U.S. businesses are enjoying favorable trade agreements … Russia and China are on notice that America is not a patsy.”
Meanwhile, when Democrats are asked what they accomplished, they will say, “Well, we sure did investigate the heck out of Trump! Oh, and we proposed a lot of socialistic schemes, told everyone they’re a victim and promised free goodies for all.” That platform can’t be helpful for McAdams.
Can any of the Democratic presidential candidates beat Trump and will any of them help Democrats in Utah?
Pignanelli: As with most presidential elections, the incumbent’s fate is dependent upon competition and the economy. If Americans and Utahns feel secure in fall of 2020, the outcome is predictable.
Webb: On paper, the Democrats ought to crush the deeply-flawed Trump with his low approval ratings. But I doubt the country, or Utah, wants to take a gigantic leap toward bigger government and higher taxes.
Pignanelli and Webb: Has direct democracy been good or bad for Utah?
At the risk of ultra-hyperbole (at which Frank excels), we can legitimately claim that Utah has experienced an unprecedented level of direct democracy through initiatives, referenda and ballot measures. This includes statewide and local efforts by citizens to impact their government. Is this a just a blip, or are we becoming California?
At the risk of ultra-hyperbole (at which Frank excels), we can legitimately claim that Utah has experienced an unprecedented level of direct democracy through initiatives, referenda and ballot measures. This includes statewide and local efforts by citizens to impact their government. Is this a just a blip, or are we becoming California?
In 2018, a record number of initiatives were filed (three ultimately succeeded and one was resolved through a nonbinding ballot question), while a number of Utah municipalities confronted referenda challenging various government decisions. A constitutional amendment was also on the statewide ballot. Why is this happening and should Utahns be concerned?
Pignanelli: "One of the nuisances of the ballot is that when the oracle has spoken you never know what it means.” — Lord Salisbury
A ballot initiative effort is similar to a high school election. A small group of well-meaning activists huddle in a living room, developing catchy slogans while hoping external donors (aka parents) cover expenses. Without resources to incentivize volunteers (aka pizza), the enterprise is doomed.
For decades, signature gathering was prohibitively expensive. After the legislature enacted SB54 in 2014 allowing candidates’ placement on the primary ballot through petition, a permanent signature gathering industry was established in Utah. The costs for statewide initiatives and local referenda dropped. Further, national special-interest groups are focusing resources in states. Thus, while the Legislature did tighten the process, initiatives and referenda will remain an option on selected issues with an energized constituency.
As with high school electioneering, Utahns must look beyond cutesy catchphrases in determining their support of a ballot measure. Alas, they will not get a cupcake for the effort.
Webb: Utahns need not be concerned over the proliferation of citizen initiated lawmaking. In fact, Utahns should celebrate the opportunity to participate in this constitutionally approved process to enact laws and impact government. The Legislature itself endorsed the process by putting two measures on the statewide ballot, one a constitutional amendment and the other a nonbinding ballot question on raising taxes for schools.
Citizen lawmaking is still rare and difficult in Utah. We’re not even close to being California. It is almost prohibitively difficult to get something on the ballot and only the most weighty, important issues make it to a public vote. Medicaid expansion, medical marijuana, school funding, redistricting and constitutional amendments are all worthy subjects for the public to weigh in on.
It’s helpful for the Legislature to know that on truly significant issues, voters can directly get involved if lawmakers don’t act.
The 2019 Legislature reviewed numerous bills, some of which passed, changing statewide and local initiative and referendum procedures. Will this have an impact?
Pignanelli: Changes to the process include basing thresholds on “active” voters and expanding opportunities for signatories to remove their names from petitions. This guarantees that signature drives will need three campaigns: convincing people to sign the petition, urging people not to retract signatures and persuading voters in the general election. This increases obstacles and costs for statewide and local campaigns.
There is some grumpiness about these modifications. Yet, it is imperative supporters and proponents communicate their issues to those who have the potential to sign, or have signed, a petition. My personal experience suggests the language of a petition is usually developed by insiders without the benefit of contrasting opinions. Obviously, those approached to sign a petition do not receive a full discussion of the issue. The legislation now allows for that key dynamic.
Webb: The Utah Supreme Court has previously ruled that the Legislature cannot make the initiative process so difficult as to render it impractical for citizens to make laws. Our system of government is brilliant in that the courts, legislature, executive branch and the people (through initiatives and referenda) check and balance each other, pushing and pulling, arguing and fighting — and eventually striking the right balance.
The Legislature significantly changed two of the three initiative laws passed by voters, and may yet tamper with the third. Is this proper?
Pignanelli: The Legislature modified the initiative process wherein successful measures are effective after the intervening Legislative session, and those with fiscal impact a year later. This is a clear signal that legislators will exercise their constitutional prerogative to amend ballot actions that impact core governmental activities.
Webb: The Legislature is part of the process, within constitutional guidelines, and it has the authority to change a citizen-passed law. Lawmakers obviously must take into account public sentiment. If voters don’t like what lawmakers did, boot them out of office.
It’s important to keep in mind the big picture: The recent initiative efforts have been spectacularly successful — for better or for worse. Today, a whole lot more people are eligible for medical care under Medicaid expansion; medical marijuana will now be available; and some sort of independent commission will likely be involved in redistricting.
Even the Count My Vote initiative was incredibly successful, despite the fact that it ultimately didn’t get on the ballot. The SB54 legislative compromise means a dual track exists to get on the primary election ballot — permanently changing Utah politics for the better.
These are real victories for the proponents.
Pignanelli and Webb: The latest gossip on three big races
Pignanelli & Webb: Politics and gossip are like bread and butter — they just go together really well. Your columnists like both (especially with a little honey), so we hereby deliver the latest hearsay and rumors about upcoming political races.
Pignanelli & Webb: Politics and gossip are like bread and butter — they just go together really well. Your columnists like both (especially with a little honey), so we hereby deliver the latest hearsay and rumors about upcoming political races.
The National Republican Congressional Committee is still smarting from the defeat of Congresswoman Mia Love in Utah’s 4th Congressional District at the hands of Democrat Ben McAdams. The district leans Republican, and McAdams is being targeted in 2020. He’s a tough campaigner, but is he vulnerable?
“Maybe instead of asking political candidates to submit tax returns, we really should be asking to see their brain scans.” — Daniel Levitin.
National Republicans focused a lot of resources protecting the 4th District in 2018, so the loss was bitter and recapturing the seat is a priority.
Some GOP insiders are suggesting state lawmakers as natural candidates to take on McAdams. Among those mentioned by the “great mentioners” are Sen. Dan McCay(Riverton), Rep. Kim Coleman (West Jordan), Rep. Ken Ivory (West Jordan), Sen. Diedre Henderson (Spanish Fork) and Sen. Dan Hemmert (Orem). And might Love return for a rematch? Who knows.
Not all of those prospective candidates live in the 4th District. But because McAdams himself lives outside the district boundaries, Republicans have the luxury of shopping for candidates almost anywhere in the state.
McAdams is obviously not taking anything for granted. He is maintaining a frenetic pace of fundraising and constituent events. He’s a member of the Blue Dog Coalition of moderate Democrats, and is working hard to distance himself from his leftist colleagues. He even endorsed a conservative priority by introducing a balanced budget constitutional amendment (which caused apoplexy among liberal Democrats who accused him of pandering).
4th District voters lean Republican, but are obviously willing to vote for a mainstream Democrat. If Republicans nominate a far-right candidate who can’t appeal to moderate Republicans and independents, they will hand the likeable, hard-working McAdams a reelection victory. It will take a top-notch Republican candidate to reclaim the seat.
The 2020 gubernatorial race has become even more intriguing with the possible entry of Ambassador (and former governor) Jon Huntsman Jr. He joins a long list of possible contenders, including Lt. Gov. Spencer Cox, Atty. Gen. Sean Reyes, former House Speaker Greg Hughes, Salt Lake County Council member Aimee Winder Newton, former Miller Group CEO Greg Miller, Utah County businessman Jeff Burningham, former Congressman Jason Chaffetz Republican National Committee member and former Utah GOP chair Thomas Wright, Congressman Rob Bishop, and possibly others. What’s the early thinking?
A lot of fine candidates are on that list. Huntsman, Chaffetz and Cox enjoy the best name ID, which provides a bit of an advantage. But voters might be in the mood for a fresh face who has an exciting vision for the state. A common theme will be taking the state to a new level.
A majority of Utah governors did not come from another elected position. Instead they were prominent within the legal or business communities. Other business executives may join in this list by the fall.
The last time there was a field this large was in 2004, when party convention delegates narrowed the long list of nominees down to two — Jon Huntsman and Nolan Karras.
But most of the 2020 candidates are likely to try secure placement on the ballot through the signature process, resulting in a very large primary ballot. This dynamic dramatically changes traditional strategies and may provide opportunities for candidates who can secure a small but energized niche of the electorate. Some candidates may be maneuvering for a lieutenant governor slot. Expect social media to play an increasingly large role in this election.
The field of competitors for Salt Lake City mayor is large. The list currently includes Stan Penfold, David Ibarra, David Garbett, James Dabakis, Christian Harrison, Erin Mendenhall and Luz Escamilla. What’s the inside skinny?
City politicos agree that the Dabakis starts with an advantage because of name identification and popularity within powerful constituencies. But there is also a general question of whether he can remain focused and not be distracted.
With so many solid candidates, relatively few votes will be needed to emerge from the primary election. Most candidates will seize upon the strategy utilized by former Mayor Ralph Becker, who targeted voters within his legislative district, turning them out en masse.
But with so many candidates, each appealing to a natural constituency, the two primary survivors may have to go beyond their usual supporters and poach from other candidates. Watch for various interest groups, including city business leaders, to coalesce around candidates they think can win. Voter turnout will be key.
It will be a contest of smart and innovative strategy, hard work, organizational and operational proficiency, fundraising capability and communications prowess.
With an August primary less than five months away, the most competent candidates will rise to the top.
Pignanelli and Webb: Tax reform is going to make a hot Utah summer sizzle
One of the most controversial, and unfinished, issues in the 2019 legislative session was a proposal to collect sales taxes on professional services and other industries. Lawmakers committed to study the matter through the summer, along with other structural reforms in the tax system, and then convene a special session in the fall. Shockingly, tax policy is political! We review the implications of tax reform.
One of the most controversial, and unfinished, issues in the 2019 legislative session was a proposal to collect sales taxes on professional services and other industries. Lawmakers committed to study the matter through the summer, along with other structural reforms in the tax system, and then convene a special session in the fall. Shockingly, tax policy is political! We review the implications of tax reform.
Toward the end of the legislative session, many Utahns and numerous organizations contacted lawmakers to express concern over proposed sales tax expansion. Will the uproar over tax reform have any political fallout in the 2020 elections?
Pignanelli: “Taxation with representation ain’t so hot either.” — Gerald Barzan
The state sales tax was implemented in 1933 for “emergency purposes” and to be terminated April 1, 1935. (I will graciously avoid snide comments.) Utah’s sales tax has been contentious ever since.
In 1987 (my first session as a legislator), Utah was in economic straits and the sales tax was increased to cover basic government services. This resulted in massive demonstrations at the Capitol, a referendum and the near destruction of political careers for lawmakers and the governor, while serving as a launching pad for high-profile protesters.
The recent proposal would have impacted almost every Utah professional, yet no politico publicly led the opposition. Social media served as the source and inspiration of protesting, indicating a new trend.
An election year is approaching and all candidates for state office (especially gubernatorial contenders) soon will be articulating a position on tax reform of whether sales tax should be applied to professional services or restructuring through another alternative. These dynamics will determine any ramifications from the recent session, or if a new method alters reaction from taxpayers.
Once again the 1933 “temporary” tax is driving Utah politics.
Webb: Lawmakers should be commended, not punished, for promoting structural tax reform. Please remember they aren’t proposing a tax hike. They are trying to make the tax system fairer for everyone by reducing overall sales tax rates while spreading the burden over a broader base.
That’s a very difficult thing to do because every impacted business will squeal. But, as I’ve written before, why should we tax a hammer a carpenter buys at Home Depot but not a haircut? Or an Uber ride? Thousands of businesses charge sales tax and pass it on to consumers and they do just fine.
Certainly, this is complicated. Lawmakers want to avoid double taxation that can occur when a product or service is taxed at different levels of business transactions. In some cases, collecting the tax isn’t worth the effort.
I’m confident legislators and the Herbert administration will use common sense and be fair in this effort. If they fail, then funding for basic state services like education, prisons, Medicaid and law enforcement are at risk.
While devious election opponents may attempt to exploit this issue, no one should lose an election over it.
After failing to deliver comprehensive tax reform in the session earlier this year, will lawmakers be able to forge a consensus among the many interest groups to pass something in a special session in the fall?
Pignanelli: Much is owed to Rep. Tim Quinn who bravely sponsored the controversial legislation, enduring many slings and arrows. By raising the specter of a potential sales tax on services, he advanced important discussions of alternatives to structural reform that would not have occurred otherwise. These include amending the Constitution to allow income tax for noneducation purposes, enhancing the statewide property tax, assessing online streaming, etc. Exploring these solutions will occur, as the practical and political issues to broadening the sales tax base to services will foster heated deliberations.
The Utah tradition of a well-managed state will continue, as lawmakers ultimately fashion a solution with minimal impact upon business operations.
Webb: Legislative leaders and staff are refining their tax reform proposal, while lawmakers, political parties, chambers of commerce, other business associations and various interest groups are holding meetings, hearings and seminars to explain, educate and receive feedback. I hope they’re also outlining the consequences of not acting.
Certainly, opponents are also gearing up to fight taxes on their business or industry. By the time the special session is held in the fall, everyone should be fully educated. The battle lines will be drawn, and lawmakers should be ready to vote.
Nearly everyone agrees that tax reform is needed to correct structural imbalances in the current system. Why is it so hard to enact meaningful reform?
Pignanelli: "Tax reform" is just a kind term for the statutory creation of winners and losers. Taxpayers despise additional expenses and administrative burdens. Thus, citizens exercise a constitutional right to express these concerns to officials, always with strong emotions.
Webb: This issue is a lobbyist full-employment act (nice for Frank). Every lobbyist in town is fighting some aspect of tax reform, far outnumbering proponents of broadening the base. So let’s just tax the lobbyists. We could balance the budget, raise teacher salaries and pay cash for the new prison.
Best of State Winners
Foxley & Pignanelli is the proud recipient of the 2018 Best of State in Government Relations.
The "Best of State Awards" organization - which recognizes outstanding individuals, organizations and businesses in Utah for excellence - announced Foxley & Pignanelli as their 2018 winner for Community Development in Government Relations. This category for Best of State was first introduced in 2014. Your Foxley & Pignanelli team were the inaugural winners of this award and are deeply honored to receive it for the fourth time.
The criteria used for Best of State judges evaluates individuals and organizations that excel in their endeavors, use innovative approaches, and heavily weighs service and contributions to improving the community.
Our firm is also proud to announce that two of our clients received awards for 2018. Lagoon Amusement Park is the recipient of the best Community Development Employer and Better Days 2020 the best Education and Advocacy Organization.
Best of State continues to perform a remarkable service of highlighting Utahns who make a significant difference in a variety of activities. Our firm is privileged to be listed among them for the fourth time.
Pignanelli and Webb: A little light reading: The shortest books ever written
After a rough winter — both politically and meteorologically — Utahns are ready for sunshine, flowers and spring. Because you may not have time for much reading this general conference weekend, we graciously provide a new list of “The Shortest Books Ever Written:”
Pignanelli & Webb: After a rough winter — both politically and meteorologically — Utahns are ready for sunshine, flowers and spring. Because you may not have time for much reading this general conference weekend, we graciously provide a new list of “The Shortest Books Ever Written:”
"The importance of respecting personal space," by former Vice President Joe Biden
“The best of my substantive and detailed responses,” by Trump spokesperson Kellyanne Conway
“How to succeed in business and politics with humility, modesty, compassion and meekness,” by President Donald Trump
“High profile Democrats who are NOT running for president in 2020,” by Tom Perez,Democratic national chair
“Exemplary coverage of Trump by CNN, Washington Post, CNBC and The New York Times,” by Trump press secretary Sarah Sanders
“The principles of classic conservatism guiding the Trump administration,” by former House Speaker Paul Ryan
“Mentoring and getting out of the way of younger Democrats,” by Speaker Nancy Pelosi and Minority Leader Chuck Schumer
“The virtues of free-market capitalism,” by Congresswoman Alexandria Ocasio-Cortez
“Essays promoting logical reason and thought,” by the Utah Republican Central Committee
"Why everyone should be a social conservative," by Troy Williams, executive director of Equality Utah
"Joyful experiences in the 2019 legislative session," by Speaker Brad Wilson
"Why I get bored with excessive tweeting," by Lt. Gov. Spencer Cox
"My love of arcane rules and internal party politics," by soon-to-be-former GOP Chair Rob Anderson
“Reasons we should cut taxes for rich people,” by Sen. Bernie Sanders
"A catalogue of times of tranquility and quiet in my life," by former speaker Greg Hughes
"Why I will miss interactions with legislators and city council members," by Salt Lake City Mayor Jackie Biskupski
"Why governors should only serve two terms,” by Gov. Gary Herbert
“How supporting sales taxes on professional services enhances member relations," by the Salt Lake Chamber
"Transportation policy minutia I need to learn,"by Senate President Stuart Adams
“Movers, shakers and celebrities I have yet to hang with,” by Attorney General Sean Reyes
“The efficiency and productivity of the U.S. Congress,” by Sen. Mitt Romney
"The warm reception I received promoting a progressive agenda in Utah," by Daisy Thomas, chair of the Utah State Democratic Party
"Our expressions of appreciation to legislators for amending the Medicaid Expansion Initiative," by health care activists
“Citizen initiatives and why we love them,” by Utah Republican lawmakers
“The advantages of a 694-vote margin,” by Congressman Ben McAdams
“Why serving in Congress is better than a cable TV gig,” by former Reps. Jason Chaffetz and Mia Love
"Term limits — the only hope for America's democracy," by former Sen. Orrin Hatch
"Reasons you should never run for one office as a ploy to win another office,” by Salt Lake County Mayor Jenny Wilson
“Taxes, fees and revenue enhancements I really like," by Utah Taxpayers Association President Howard Stephenson
“Top reasons I wouldn’t be interested in serving as U.S. Secretary of the Air Force,” by Rep. Chris Stewart
“Why conservative principles are sexy,” by House Minority Leader Brian King
“Why the U.S. Constitution is archaic and should be rewritten,” by Sen. Mike Lee
“Top reasons Nancy Pelosi is a great speaker,” by Rep. John Curtis
“Expressions of love to Boyd Matheson for bumping us off the front page,” by Pignanelli & Webb (available only in adult stores because of language)
Editor's note: After reading the previous book, consider listening to its companion hit song, "Let It Go."
“Why states should be totally subservient to the federal government,” by Rep. Rob Bishop
“All the reasons to support same sex marriage,” by Gayle Ruzicka
"Why we love conservative Republicans, the LDS Church and the establishment," by the editorial page editor and writers of the Salt Lake Tribune
“The reasons riding bikes is for sissies,” by former Salt Lake Mayor Ralph Becker
“Utah sacred cows I’m unwilling to make fun of,” by Frank R. Pignanelli (actually, this is a postcard)
"Valuable lessons I learned from Frank,” by LaVarr Webb (a Post-it note)
A double volume: “The Wit & Wisdom of Pignanelli & Webb” and, “Why columnists make great husbands,” by their wives, D’Arcy and Jan