Editor’s Note: This is the third in a series of four stories.
The Nov. 5 general election ballot will include 11 legislature-referred ballot initiatives to increase court administrative fees, impose minimum sentences and legislative oversight of state agencies and allow taxpayers to apply for an additional property tax refund.
Proposition 311
Proposition 311 would allow the state to charge everyone convicted of a crime in Arizona a $20 fee — in addition to the existing surcharges and fees that those convicted already pay on top of fines — to create a supplemental benefit fund that would give $250,000 to the children or spouse of a first responder — defined as a police officer, firefighter, emergency medical technician, paramedic, Arizona National Guardsman or corrections officer — who dies in the line of duty. If the fund balance were to exceed $2 million, the legislature could allot the surplus to related uses.
The proposition would also increase the penalty for assaulting a police officer from a class 5 to a class 4 felony, or from a class 4 to a class 3 felony if the officer was injured, through Jan. 1, 2033.
Proposition 312
Proposition 312 would allow property owners to apply for tax refunds once per tax year if their city, town or county was deemed to be failing to enforce public nuisance laws dealing with homeless individuals. Commercial or residential property owners could request a property tax refund to cover documented costs associated with the presence of illegal camping, loitering, panhandling, obstructing public thoroughfares, public consumption of alcohol or illicit substances or their possession and public defecation or urination.
“Arizonans no longer trust that their tax dollars are being used by local governments to enforce the law and address rampant homelessness,” the Goldwater Institute, a conservative and libertarian public policy think tank, wrote in a June press release. “But Prop 312, a first-in-the nation reform on Arizona’s 2024 general election ballot, offers relief — compensating the residents, businesses and property owners who have suffered from government’s inaction via a refund for mitigation expenses incurred as municipalities refuse to enforce the law.”
“Proposition 312 simultaneously incentivizes local governments to weaponize laws against unhoused people and disincentivizes property owners to pay their fair share of taxes,” American Civil Liberties Union of Arizona Executive Director Scott Greenwood wrote in an argument against the measure. “This dangerous combination will only exacerbate dire situations in communities across the state and drain limited financial resources that could instead be applied to solutions.”
Proposition 313
Proposition 313 would impose a life sentence on anyone convicted of a class 2 felony related to child sex trafficking. Senate Concurrent Resolution 1021, which sent the measure to the ballot, was passed largely along party lines. It was sponsored by Arizona Sen. Shawnna Bolick [R-District 2] with the Verde Valley’s District 1 Reps. Selina Bliss [R] and Quang Nguyen [R] and outgoing Sen. Ken Bennett [R] among the cosponsors.
“The sheriffs hope voters support Prop. 313 to increase the prison sentence not just because Arizona is a law-and-order state but to deter child sex trafficking in the first place,” Yavapai County Sheriff David Rhodes [R] wrote in an argument for the proposition.
“In cases such as child sex trafficking, victims of sex trafficking are often charged with trafficking offenses due to coercion by their abusers,” League of Women Voters of Arizona, Scottsdale President Pinny Sheoran wrote in an argument against the proposition. “We cannot codify a law that would subject victims to mandatory minimum sentences.”
Proposition 314
Proposition 314 was covered in a previously Sedona Red Rock News Story and can be found here.
Proposition 315
Proposition 315 would require the legislature to approve any regulation issued by a state agency that is estimated to cost more than $500,000 to enact within five years of its implementation, with the exception of the Arizona Corporation Commission.
“Returning these powers to the legislature will ensure that our voices are heard loud and clear and that our public servants are accountable for all decisions made,” Americans for Prosperity State Director Stephen Shadegg wrote in an argument for the proposition. “This referral will not hinder anyone from performing their duties or public safety; it simply prevents unilateral decision-making.”
A similar bill, Senate Bill 1153, was vetoed by Gov. Katie Hobbs [D] on April 16, after passing the legislature along party lines.
“[SB 1153] would create an unnecessary burden on state agencies that would inhibit their ability to carry out duties in a timely manner,” Hobbs wrote in her veto letter.
“[Proposition 315] undermines the autonomy of state agencies by shifting accountability for spending from the governor’s and state attorney’s offices to the legislature,” Sheoran wrote in an argument against the proposition. “State agencies need the authority to operate effectively based on their specific roles, responsibilities and budgets. Furthermore, regulatory agencies have a level of subject matter expertise … lacking in the legislature.”
