Sat, Jul 04, 2009

Tucson Region

Cutting through the clutter surrounding '08 measures

Tucson, Arizona | Published: 10.19.2008
Arizona voters will decide eight propositions this year placed on the ballot by citizens' initiative petitions, the Legislature or in one case a state commission.
Voters in Tucson Unified School District also will decide the fate of a $28 million-a-year budget override to pay for smaller classes, arts programs and to hire teachers for hard-to-fill positions.
This year, as in years past, some of the propositions are extremely complex — some critics say the contorted language is intentional so the authors of the proposed law can better frame the public debate.
This pull-out guide is aimed at cutting through that legalize to explain in easy-to-understand English what each proposal really says, and what it means if you vote yes or no.
You may notice some gaps in the proposition numbers on your ballot. Don't worry, nothing is missing. It's just several very high-profile propositions with big-money backing got bumped off the ballot at the last minute when large numbers of their signatures were disqualified because they weren't from registered voters, or paid petition circulators didn't properly notarize them.
A couple of this year's propositions may also look like reruns at first blush, but they're not.
Two years ago, voters rejected a proposal to define marriage in the constitution as being between one man and one woman, and to prohibit governments from offering domestic-partner benefits. This year, supporters brought back a similar measure, Proposition 102, which stops at just defining marriage.
And if Proposition 202, the proposed sanctions on employers who hire workers here illegally sounds a lot like the employer-sanctions law passed by the Legislature in 2007, that's because they are alike in many ways.
But the new version makes it harder for prosecutors to show an employer "knowingly" hired an illegal worker.
Proposition 100
Real Estate Transfer Tax
What it says: Prohibits the state, counties, cities and other taxing jurisdictions from imposing any new tax or fee on the sale or transfer of homes, land, businesses or other real estate. The prohibition applies to new fees or taxes of any type but does not affect any existing fee.
What a "Yes" vote means: No government in Arizona will be able to impose a new fee on the sale or transfer of any real estate. Existing fees and taxes will not be affected.
What a "No" vote means: Governments will still be able to impose new taxes or fees on real estate sales by going through the standard public process. No new taxes will be immediately created.
Supporters: Arizona Association of Realtors. Arizona Tax Revolt. Arizona Farm Bureau. Arizona Chamber of Commerce and Industry. Arizona Contractors Association.
Opponents: Arizona Education Association
Proposition 101
Health Care/ Freedom of Choice
What it says: Prohibits the state from restricting or controlling your choice of private health-care plans and service providers or requiring you to even have health insurance at all. It would make a single-payer, government-controlled universal health-care system illegal.
What a "Yes" vote means: Prevents expanded government power over health-care choices, beyond the current regulatory and public health functions. Creating a state-run universal health-care system or system for dictating medical choice would require another public vote.
What a "No" vote means: Retains the current system of health-care and insurance choices. Leaves open the potential the state health-care bureaucracy or Legislature could approve laws, regulations or reforms that affect your health-care choices
Supporters: The Arizona Dental Association, Arizona Osteopathic Medical Association, Tucson car dealer Jim Click, the Goldwater Institute.
Opponents: Gov. Janet Napolitano, the Arizona Hospital and Healthcare Association, Tucson Chamber of Commerce, Arizona Academy of Family Physicians, Healthy Arizona, Church Women United.
Proposition 102
Defining Marriage
What it says: Defines marriage in the state constitution as a union between one man and one woman, which mirrors the definition that already exists in state law.
What a "Yes" vote means: Strengthens the existing ban on same-sex marriage by adding the definition to the state Constitution, blocking the Legislature or a state court from changing or overturning the law.
What a "No" vote means: Retains the existing ban on same-sex marriage in state law but leaves the prohibition vulnerable to amendment or repeal by the Legislature, or to a state court overturning it, as happened in California.
Supporters: The Center for Arizona Policy, United Families Arizona; Catholic Church; National Association for Marriage Enhancement.
Opponents: Wingspan; Human Rights Campaign, League of Women Voters, American Civil Liberties Union, National Organization of Women; Arizona Transsexual Alliance, Peter Likins; Raúl Grijalva; Richard Eliás; Gabrielle Giffords; Beth Walkup
Proposition 105
Majority Rule
What it says: Any citizen initiative on the state ballot that raises taxes or fees; or creates a legal obligation for any person, organization or business to spend money, such as mandating higher wages, must be approved by a majority of all the registered voters in the state — not just a majority of those who vote on the issue. Local bond issues or other items placed on the ballot by a government body would not be affected.
What a "Yes" vote means: Will make it virtually impossible to adopt any citizen initiated tax or spending increases because any registered voter who does not cast a ballot automatically counts as a no. That includes a voter who may have moved out of state or died, but whose name remains on the rolls.
What a "No" vote means: Retains the existing standard of a majority of those who actually cast ballots deciding the outcome of an election.
Supporters: Americans for Prosperity/Arizona; Arizona Farm Bureau; Golden Door Foundation; Jason LeVecke, owner of Carl's Jr. franchises in the Phoenix area.
Opponents: Arizona Education Association; Arizona School Boards; Arizona Hospitals and Health Care Association; Sierra Club; Animal Defense League; League of Women Voters; Arizona Women's Political Caucus.
Proposition 200
Payday Loans
What it says: Allows "Payday Loan" businesses to remain open after July 1, 2010, when the law authorizing them expires, and imposes new requirements on them. Fees for the two-week loans would be limited to 15 percent of the loan amount. Bilingual contracts would be required. Lenders could not automatically extend an unpaid loan for an added fee but would have to allow up to four installment payments at no charge.
What a "Yes" vote means: "Payday lenders" will continue to be allowed indefinitely making short-term loans with fees that are equal to 390 percent annual interest, but with new restrictions on how they deal with customers. Increased financial underwriting requirements could slow the growth of the industry.
What a "No" vote means: "Payday lenders" will be forced to shut down July 1, 2010, unless they can get the Legislature to extend the legislation allowing them. Borrowers who need a two-week loan and don't qualify for other credit will have one less option.
Supporters: Arizonans for Financial Reform, the lenders' campaign organization, state Rep. Jonathan Paton.
Opponents: Arizona Education Association, Arizona Advocacy Network, AARP, state Rep. Marian McClure.
Proposition 201
Homeowner Rights/ New Home Guarantees
What it says: Requires new-home sellers to provide a 10-year warranty on materials and workmanship in the home. Requires fixtures and equipment in model homes to be included in the base home price. Provides a 100-day cooling-off period where buyers who change their mind can get their deposit back. Modifies the dispute resolution procedure between buyers and sellers, giving buyers more ability to sue.
What a "Yes" vote means: Will require builders to include a 10-year warranty on homes in the standard price, not as a separate charge, potentially raising costs and limiting the alternatives to resolve disputes about problems with a new home.
What a "No" vote means: Builders will not be required to include a long-term warranty but will still be bound by existing state laws and Registrar of Contractor standards to resolve disputes and correct defects in homes.
Supporters: AFL-CIO, Alliance of Retired Americans, Coalition for Better Construction, Arizona Advocacy Network.
Opponents: Southern Arizona Home Builders Association, Arizona General Contractors, Arizona Chamber of Commerce and Industry.
Proposition 202
Employer Sanction Revisions
What it says: Prosecutors must prove an employer knowingly accepted fraudulent identification or knowingly hired someone not in the country legally before a company's business license can be suspended under the state employer sanctions law. Employers must sign only a federal form saying they examined the appropriate documents and they "appear to be genuine and relate to the individual" presenting them.
What a "Yes" vote means: Replaces the existing employer sanctions law with one that makes it much harder to prove employers knowingly hired someone in the country illegally, and therefore much harder for the state to penalize them.
What a "No" vote means: Retains the existing employer sanctions law, which puts more of an obligation on business owners and hiring agents to make sure they hire only legal residents.
Supporters: Wake Up Arizona, a coalition of business owners that also backed a suit to overturn the employer sanctions law. Arizona Farm Bureau.
Opponents: Russell Pearce, author of the existing employer sanctions law. Don Goldwater.
Proposition 300
Legislative Pay Raises
What it says: Proposes increasing the annual salary of state legislators from $24,000 to $30,000.
What a "Yes" vote means: Authorizes a $6,000 annual raise for the 60 representatives and 30 senators who make up the Legislature. It would be their first since 1998.
What a "No" vote means: Means no raise for lawmakers for at least two more years.
Supporters: Commission on Salaries for Elective Officers, Arizona Advocacy Network.
Opponents: Gov. Janet Napolitano
Proposition 403
Tucson Unified School District Budget Override
What it says: The Tucson Unified School District will be able to increase its budget by about $28 million a year for three areas — reducing class sizes, increasing teacher pay in some hard-to-fill content areas or in geographical areas, and expanding arts programs. The override would be in effect for seven years.
What a "Yes" vote means: Allows the district to spend more. Taxpayers' secondary property tax rate would increase by about 72 cents per $100 of assessed valuation. For a home worth $178,000, for example, the homeowner would pay about $128 a year more.
What a "No" vote means: Retains the existing budget limits for TUSD, eliminating proposals to reduce class sizes, enhance arts programs and hire more quality teachers.
Supporters: Tucson Education Association, Tucson Unified School Supporters, the Tucson Metropolitan Chamber of Commerce, Peter Likins
Opponents: Pima Association of Taxpayers