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Gary Herbert

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Gary Herbert
17th Governor of Utah
Incumbent
Assumed office
August 11, 2009
LieutenantGreg Bell
Spencer Cox
Preceded byJon Huntsman
Chair of the National Governors Association
In office
July 25, 2015 – July 16, 2016
Preceded byJohn Hickenlooper
Succeeded byTerry McAuliffe
6th Lieutenant Governor of Utah
In office
January 3, 2005 – August 11, 2009
GovernorJon Huntsman
Preceded byGayle McKeachnie
Succeeded byGreg Bell
Personal details
Born
Gary Richard Peters

(1947-05-07) May 7, 1947 (age 77)
American Fork, Utah, U.S.
Political partyRepublican
SpouseJeanette Herbert
Children6
ResidenceGovernor's Mansion
Alma materBrigham Young University, Utah
WebsiteGovernment website
Military service
Allegiance United States
Branch/service United States Army
RankStaff Sergeant
UnitUtah Army National Guard

Gary Richard Herbert (born May 7, 1947) is an American politician who is the 17th and current Governor of Utah. A member of the Republican Party, Herbert has served as Governor since August 2009. From July 2015 to July 2016, Herbert served as chair of the National Governors Association.

Born in American Fork, Utah, Herbert served for two years as an LDS missionary in the eastern United States following his graduation from high school, then attended Brigham Young University and joined the Utah Army National Guard. After serving in the National Guard, Herbert began a career in real estate and opened his own firm. Herbert won a seat on the Utah County Commission in 1990, where he served 14 years. Herbert also served as presidents of the Utah Association of Counties and Utah Association of Realtors.

After initially running for the Republican nomination for Governor in 2004, Herbert teamed up with ambassador and businessman Jon Huntsman as his running mate in the general election. Herbert was sworn in as Lieutenant Governor of Utah in 2005, serving one term until he assumed the governorship on August 11, 2009, following the resignation of Governor Huntsman, who was appointed to serve as the United States Ambassador to China by President Barack Obama. Herbert was elected to serve out the remainder of the term in a special election in 2010, defeating Democratic nominee Salt Lake County Mayor Peter Corroon with 64% of the vote. He won election to a full four-year term in 2012, defeating Democratic Businessman Peter Cooke with 68% of the vote.

Early life, education and career

Herbert was born in American Fork, the son of Carol (Boley) and Paul Richard Peters.[1] He was later adopted by his stepfather, Duane Barlow Herbert.[2] Governor Herbert grew up in Orem, Utah. He graduated from Orem High School, served a two-year mission for the LDS Church in the Eastern States Mission and later attended Brigham Young University, but did not graduate.[3]

He is married to Jeanette Snelson Herbert; they have six children and sixteen grandchildren.[4][5] Mrs. Herbert was born in Preston, Idaho, and moved with her family as a young child to Springville, Utah. She is Honorary Chair of the Governor's Commission on Literacy.[6]

Herbert served for six years as a member of the Utah Army National Guard, becoming a staff sergeant. Following his time in the National Guard, he set up a real estate firm, Herbert and Associates Realtors. Mrs Herbert ran a child care service, The Kids Connection.[3]

Political career

Utah County Commission

Between 1990 and 2004, Herbert served as a commissioner on the Utah County Commission.[7] During his time as a commissioner, Herbert also served as presidents of the Utah Association of Counties and the Utah Association of Realtors.[3]

2004 election

In November 2003, Herbert began campaigning for the Republican nomination for Governor of Utah. In April 2004, a month before the state convention at which the gubernatorial nominee would be selected, Herbert joined forces with then-rival Jon Huntsman, Jr., becoming the latter's running mate.[8] The Huntsman-Herbert ticket defeated incumbent governor Olene S. Walker at the convention, before going on to win in the November election. Herbert subsequently became Lieutenant Governor.

Lieutenant Governor of Utah

Herbert's central role as lieutenant governor was running the state electoral office and managing the campaign disclosure system. His record on those responsibilities was somewhat mixed, improving standards marginally but seeing the state slip overall on nationwide rankings published by the Campaign Disclosure Project. Moreover, Herbert's office was criticized for failing to enforce campaign disclosure laws more vigorously.[9] In 2007, Herbert oversaw the first statewide voter referendum to take place since the creation of the Lieutenant Governor's post.[citation needed]

During his time as Lieutenant Governor, Herbert also served as the chairman of 13 statewide commissions,[citation needed] including the Commission on Volunteers and the Commission on Civic and Character Education and the Emergency Management Administrative Council.[10][11]

2008 election

Huntsman and Herbert faced little opposition during their 2008 campaign for re-election, avoiding a primary election after achieving a plurality of votes at the state Republican Party convention. The Republican ticket was re-elected to office with a record 77 percent of the vote.[12][13]

Governor of Utah

2010

See also: Utah gubernatorial special election, 2010

Herbert became Governor of Utah on August 11, 2009, following the resignation of Governor Jon Huntsman to become Ambassador to China.[13] As the Republican gubernatorial nominee in the 2010 special election, he defeated his Democratic opponent, Salt Lake County Mayor Peter Corroon, by 64% to 32%.

2012

See also: Utah gubernatorial election, 2012

In 2012, Herbert defeated his Democratic opponent, retired Major General Peter Cooke, winning election to a full four-year term by 69% to 28%.

Important legislation included the passage of the Utah Transfer of Public Lands Act which Herbert signed into law on 23 March 2012, and will become effective after 2014.[14][15]

2015

From 2014-2015, Herbert served as the vice chair for the National Governors Association and is serving as the chair of the association for the year 2015-2016.[16]

Political positions

Economics

In a 2010 statement, Herbert took partial credit for Utah's relatively quick recovery from the economic crisis which began in 2008, stating:

The best methods to foster job growth are not complex or secret, but require discipline: low taxes, limited government spending, and a focus on a business friendly environment to encourage private capital investment.[17]

Education

As of December 1, 2009, the Utah State Governor's website showed that Herbert listed "public and higher education" as one of four "priorities." (The other three listed priorities were "economic development", "energy security" and "infrastructure").[18] The Governor's site explained that Utah must improve its public education system to remain competitive and to empower its individual citizens to succeed, and the site said that "attracting and retaining the best teachers into our schools" was a way Utah could accomplish educational excellence.[19] In his 2012 re-election bid, Herbert was endorsed by the Utah Education Association.[20]

In March 2012, Herbert vetoed a controversial sex education bill,[21] HB363, which would have allowed schools to stop teaching sex education entirely and would have required those that kept the lessons to teach abstinence only. In vetoing it, Herbert said "HB363 simply goes too far by constricting parental options... I cannot sign a bill that deprives parents of their choice".[22]

Gay rights

Salt Lake City has passed a non-discrimination ordinance which would protect gay and lesbian people from discrimination in employment and housing. A member of the Utah Legislature has indicated he would seek a statewide law to prevent cities from passing ordinances related to civil rights.[23] As a strong supporter of local control, Herbert has said he believes municipalities should have the right to pass rules and ordinances absent state interference.[24]

On August 27, 2009, Herbert indicated at a news conference that he did not support making sexual orientation a legally protected class, saying: "We don't have to have a rule for everybody to do the right thing. We ought to just do the right thing because it's the right thing to do and we don't have to have a law that punishes us if we don't."[25]

The gay rights advocacy group Equality Utah, which seeks to expand anti-discrimination laws to cover gay people, criticised Herbert's statements and expressed the view that he did not fully comprehend the challenges faced by gay people in Utah.[25]

Following the legalization of same-sex marriage in Utah by a US district court ruling on December 20, 2013, Herbert's office issued a statement immediately following the ruling: "I am very disappointed an activist federal judge is attempting to override the will of the people of Utah. I am working with my legal counsel and the acting Attorney General to determine the best course to defend traditional marriage within the borders of Utah."[26] Shortly thereafter, the Attorney General's office did indeed request an emergency stay to stop further same-sex marriages from occurring in the state.[27]

After elected officials in Oregon and Pennsylvania chose not to defend same-sex marriage bans from constitutional challenge, Herbert expressed his disappointment by saying, "For elected officials ... to, say, pick and choose which laws they will enforce, I think, is a tragedy and the next step toward anarchy." He disagreed with the comparison between same-sex marriage and interracial marriage, saying, "Clearly the actions involved in sexual activity ultimately end up being choices. What your attraction may be is something else, but how you act upon those impulses is a choice."[28]

On March 12, 2015, Herbert, in a special ceremony, signed into law a bill prohibiting discrimination on the basis of sexual orientation and gender identity in employment and housing in the state of Utah, becoming the 19th state to do so.[29] Later that year, Herbert was criticized by LGBT activists for planning to hold the welcome address at the World Congress of Families' congress in Salt Lake City.[30]

Gun rights

Herbert is a supporter of the right to bear arms, in 2010 signing state Senate Bill 11, which protects the right of Utah-based companies to manufacture firearms for sale and use within the State. Herbert vetoed a Constitutional Carry bill in 2013. (The bill would have allowed open or concealed carry without a permit by anyone who can legally possess a handgun.)[31]

Tenth Amendment

Herbert is a vocal supporter of the 10th Amendment, arguing that the Federal government has gradually taken over duties that are better served by state governments:

We should never forget that the states created the federal government, not the other way around. In today's political environment, it is all too easy to feel an increasing temptation to let Washington take care of us in a variety of ways. But we know from experience that a government closest to the people is more responsive, more effective, and costs the taxpayers less money.[32]

Controversies

Campaign contributions

2009-2010

Merit gave separate $25,000 checks to the Herbert campaign on November 2, 2009, and January 21, 2010, and Herbert and Lampropoulos met in October 2009. In December 2009, Merit got $4.4 million in tax credits. Lampropoulos has publicly endorsed Herbert and appears in a television commercial supporting Herbert's reelection bid.[33]

In February 2010, The Deseret News reported that Herbert's campaign had received a $10,000 donation from Alton Coal Development, a coal company that had complained about delays in regulators issuing a permit for strip-mining. The Associated Press reported that a memorandum they had obtained showed that state regulators later agreed to fast-track a decision regarding the permit, despite environmental concerns from local residents. According to a businessman who lives near the proposed mine, regulators arrived within days of a meeting between Herbert and the coal company, and they felt pressure to make a quick decision. A Utah regulator said that this was not the case and that Herbert did not make any orders about whether to issue a permit. A spokeswoman for Herbert said that he was not aware of the donation, and that given his long-term support of the energy industry, it was not surprising that Alton made a donation.[34]

In September 2010, KSL TV reported another instance of Herbert accepting campaign donations from companies who benefited from state contracts related to the I-15 CORE rebuild in Utah County—the state's biggest ever road project. Three teams vied for the contract. One gave the governor's campaign no money, another gave $35,000. The third team, Provo River Constructors, gave Herbert's campaign much more. Wadsworth Brothers Construction and partners Ames, Ralph Wadsworth and Fluor have contributed more than $80,000. Around the time most of those donations came in Guy Wadsworth got two meetings with the governor, apparently something no other bidding team had. A month later, the state awarded the $1.725 billion contract to Provo River.[33]

KSL TV also reported that Herbert had meetings with, and received donations from Fred Lampropoulos, CEO of Merit Medical, months before the Governor’s Office of Economic Development awarded a tax break to Merit to expand its business in Utah.

2016

In May 2016, Herbert was criticized for unethical campaign fund-raising activity. In a tape that was made without his knowledge, as Herbert was trying to get donors to contribute his campaign finance money, Herbert said that he would go anywhere and do whatever it takes. "I'm available. I'm available Jones!" he was heard saying on the tape. He did say that there would be no quid pro quo but some believe

that he sold access to himself, which may not have been illegal, but was unethical. Herbert's Republican challenger Jonathan E. Johnson said that he was so upset that he was physically shaking when he heard what Herbert did. Herbert's Democratic opponent Mike Weinholtz promised that if he were elected to be Utah's governor, that he work to change the laws of Utah so that what Herbert did would be illegal.[35]

Later in May 2016, Herbert apologized, saying that he regretted his actions and the actions of his campaign, but asserted that he did nothing illegal or unethical. Herbert said that he was apologizing for his remarks earlier in the month, when he said "I'm available. I'm available Jones." which was a saying from a character in Lil Abner comic strips in which the character was always available to do something for a price.[36]

UDOT's $13,000,000 payment to second-place finisher in highway bidding

On September 13, 2010, Utah Department of Transportation admitted to paying $13,000,000 to prevent a lawsuit by the second-place finisher Flatiron/Skanska/Zachry (FSZ) for the Interstate 15 rebuild project in Utah County. UDOT admitted that after “adjustments” were made to the scoring system, the 1.7 billion dollar contract was awarded to Provo River Constructors (PRC) after winning the bidding process by a single point. UDOT claimed the $13,000,000 payment to FSZ was to avoid any further or pending legal action. Peter Corroon's campaign questioned whether this was related to a $87,500 donation made by PRC to Herbert's campaign.[37] In a press conference on the same day, Herbert denied any knowledge of the $13,000,000 payoff to FSZ. However, on September 21, 2010 ABC4 reported that on September 9 four days before Herbert press conference UDOT informed Jason Perry, the Governor's Chief of Staff of a payment. On September 13, hours before Herbert's press conference, UDOT again informed Perry of a payoff and also specified the amount of the payment.[38]

Governor signs House Bill 477

During the 2011 legislative session, Herbert signed into law House Bill 477 after it passed through the legislature in three days. The bill would have drastically reduced the ability of citizens to access public records, especially records of Legislators.[39] After large public outcry, Herbert announced he would sign the bill yet also call a special session to repeal the new law. The law was repealed two weeks later, and Herbert was criticized for costing the state $30,000 for not simply vetoing the bill when he first had a chance.[40]

Governor signs House Bill 187

On March 20, 2012, Herbert signed into law House Bill 187,[41] dealing with "Agricultural Operation Interference" despite several individuals and organizations urging he veto it. The new law makes it a crime to take pictures or sound recordings while on the property of any agricultural production facility, even if the person is not trespassing (e.g. an employee of said facility) and even if the person is not interfering with anything (i.e. if nobody knows the recording is taking place). Offenders are guilty of a class B misdemeanor.[42] Critics of the bill say that the law creates a safe haven for animal abuse and other criminal activity[43] and that it adds nothing beneficial to legitimate operations.[44] Proponents of the bill state that the purpose of the legislation is to prevent whistleblowers from unfairly damaging farming operations.[45] The Humane Society has many examples of undercover videos that this bill is meant to prevent.[46]

Media appearances

He had a cameo in the low budget movie Sharknado: The 4th Awakens alongside Dan Farr of Salt Lake Comic Con.

Electoral history

Utah Governor Special Election, 2010
Party Candidate Votes %
Republican Gary Herbert (inc.) 412,151 64.1
Democratic Peter Corroon 205,246 31.9
Independent Farley Anderson 13,038 2.0
Libertarian Andrew McCullough 12,871 2.0
Write-in Michael William Heath 1 0.0
Utah Governor Election, 2012
Party Candidate Votes %
Republican Gary Herbert (inc.) 688,592 68.41
Democratic Peter Cooke 277,622 27.58
Libertarian Ken Larsen 22,611 2.25
Constitution Kirk Pearson 17,696 1.76
Write-in Dennis Owen 2 0.00
Write-in David Cannon 1 0.00
Utah Governor Republican Primary Election, 2016
Party Candidate Votes %
Republican Gary Herbert (inc.) 173,805 71.77
Republican Jonathan Johnson 68,379 28.23

References

  1. ^ Daily Herald (6 October 2011). "Carol Boley Herbert". Daily Herald. Retrieved 20 April 2016.
  2. ^ Deseret News (12 January 2010). "Governor Herbert's father, Duane Barlow Herbert, dies of cancer". DeseretNews.com. Retrieved 20 April 2016.
  3. ^ a b c "Utah Governor Gary R. Herbert". Utah.gov. State of Utah. Archived from the original on 20 August 2009. Retrieved 17 December 2014.
  4. ^ "About Gary R. Herbert - Governor Gary Herbert". Retrieved 20 April 2016.
  5. ^ ""Person 2 Person: Governor Gary Herbert"". KUTV 2News Utah. July 2, 2013. Retrieved 2 July 2013.
  6. ^ "First Lady Jeanette Herbert". State of Utah.
  7. ^ "Governor Gary Richard Herbert (UT)". Retrieved August 20, 2009.
  8. ^ "Huntsman, Herbert join forces". Deseret News (Utah). April 12, 2004. Retrieved August 20, 2009.
  9. ^ "Gary Herbert's record: Prelude to leadership". Salt Lake Tribune. July 12, 2009. Retrieved August 20, 2009.
  10. ^ "Utah Code, 9-1-803". Retrieved August 20, 2009.
  11. ^ "Utah Code, 67-1a-10". Retrieved August 20, 2009.
  12. ^ "Utah Election Results: Governor/Lieutenant Governor". Retrieved August 20, 2009.
  13. ^ a b "Herbert takes the oath as Utah governor". Daily Herald (Utah). August 12, 2009. Retrieved August 20, 2009.
  14. ^ Kessler, Mori (2012-03-23). "Gov. Herbert signs public lands transfer act". St George News. Retrieved 2014-12-07.
  15. ^ "Utah to seize own land from government, challenge federal dominance of Western states : 'Transfer of Public Lands Act' demands Washington relinquish 31.2 million acres by Dec. 31". Washington Times. 2014-12-03. Retrieved 2014-12-07.
  16. ^ Lisa Riley Roche (19 February 2015). "Gov. Gary Herbert plans lesson on federalism as National Governors Association chairman". DeseretNews.com. Retrieved 20 April 2016.
  17. ^ http://www.thepoliticalguide.com/Profiles/Governor/Utah/Gary_Herbert/Views/The_Economy/
  18. ^ "Utah Governor Gary R. Herbert web site, Priorities page". Retrieved December 1, 2009.
  19. ^ "Utah Governor Gary R. Herbert web site, Priorities:Public and Higher Education page". Retrieved December 1, 2009.
  20. ^ Benjamin Wood (23 May 2012). "Herbert endorsed by UEA political action committee". DeseretNews.com. Retrieved 20 April 2016.
  21. ^ Brubaker, Ladd (17 March 2012). "Will Herbert's veto reset the conversation on sex education?". Deseret News. Retrieved 18 March 2012.
  22. ^ "Herbert vetoes sex-ed bill, says it constricts parental choice". Salt Lake Tribune. 16 March 2012. Retrieved 18 March 2012.
  23. ^ Winters, Brock A. (August 26, 2009). "Salt Lake nondiscrimination effort under fire". The Salt Lake Tribune. Retrieved 2009-08-27.
  24. ^ Gehrke, Robert (August 28, 2009). "Herbert: No 'protected class' status based on sexual orientation". The Salt Lake Tribune. Retrieved 2009-10-13.
  25. ^ a b Vergakis, Brock A. (August 28, 2009). "Gays aren't in protected class, Utah Gov. Herbert says". Associated Press/Los Angeles Times. Retrieved 2010-06-16.
  26. ^ The Salt Lake Tribune. "Utah Local News - Salt Lake City News, Sports, Archive - The Salt Lake Tribune". Retrieved 20 April 2016.
  27. ^ Utah AG requests judge to stop same-sex marriages
  28. ^ Gehrke, Robert (May 22, 2014). "Herbert says states have a duty to defend gay-marriage bans". The Salt Lake Tribune. Retrieved May 24, 2014.
  29. ^ "Gov. Herbert signs Utah's LGBT non-discrimination bill into law as supporters cheer". fox13now.com. Retrieved 20 April 2016.
  30. ^ Utah Gov. Will Welcome Anti-LGBT Conference to State, The Advocate, 2015-09-23
  31. ^ Woodruff, Daniel (September 26, 2016). "UHP lieutenant, state lawmaker to push for relaxed concealed carry laws in Utah". kutv.com. Retrieved September 29, 2016.
  32. ^ http://www.thepoliticalguide.com/Profiles/Governor/Utah/Gary_Herbert/Views/The_Tenth_Amendment/
  33. ^ a b "Large donations raise questions of influence in governor's race". Retrieved September 14, 2010.
  34. ^ "Utah Gov. Gary Herbert given $10K by Alton Coal Development". Retrieved September 14, 2010.
  35. ^ "KUTV 2 News: Governor Herbert admits to his own overzealousness in soliciting campaign contributions from lobbyists. Jonathan Johnson and Mike Wienholtz are upset".
  36. ^ "Yahoo News: Gary Herbert apologizes for 2016 campaign finance controversy, yet asserts that he did nothing wrong".
  37. ^ "Lehi firm won I-15 job after scoring tweaked". Retrieved September 21, 2010.
  38. ^ "UDOT told governor's staff about payment". Retrieved September 21, 2010.
  39. ^ "Governor Herbert signs public records restriction bill amid protest". Retrieved March 8, 2011.
  40. ^ "Senate Republicans may block quick HB477 repeal". Retrieved July 19, 2011.
  41. ^ "Governor Signs Additional Bills". Retrieved May 7, 2012.
  42. ^ "H.B. 187 Third Substitute". Retrieved May 7, 2012.
  43. ^ "Herbert signs so-called 'ag-gag' bill". Retrieved May 7, 2012.
  44. ^ "HB 187: Drive that tractor on through". Retrieved May 7, 2012.
  45. ^ "Second State Bans Undercover Investigations of Factory Farms". Retrieved May 7, 2012.
  46. ^ "HSUS Video-Factory Farming". Retrieved May 7, 2012.
Wikimedia Commons has media related to Gary Herbert.
Political offices
Preceded by Lieutenant Governor of Utah
2005–2009 		Succeeded by
Preceded by Governor of Utah
2009–present 		Incumbent
Preceded by Chair of the National Governors Association
2015–present
Party political offices
Preceded by Republican nominee for Governor of Utah
2010, 2012, 2016 		Most recent
U.S. order of precedence (ceremonial)
Preceded byas Vice President Order of Precedence of the United States
Within Utah 		Succeeded by
Mayor of city
in which event is held
Succeeded by
Preceded byas Governor of Wyoming Order of Precedence of the United States
Outside Utah 		Succeeded byas Governor of Oklahoma
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