the zone
Ballot Measure Would Help Property Owners Affected By Non-Enforcement Of Public Nuisance Laws

March 15, 2024

By Daniel Stefanski |

A ballot referral to help protect Arizona business owners from degrading landscapes outside their front doors will be considered by state voters thanks to the efforts of legislators.

The Arizona Senate President, Warren Petersen, and Speaker of the House Ben Toma introduced HCR 2023 / SCR 1006, which would “allow a property owner to apply for a primary property tax refund if the owner documents expenses caused by a city, town or county adopting a policy, pattern or practice which declines to enforce existing laws or the maintaining of a public nuisance” – according to the overview provided by the state House.

In a statement after the successful passage of the bill out of his chamber, Petersen said, “There are instances where local governments routinely and repeatedly fail their citizens by not enforcing laws. An example of this would be the City of Phoenix’s handling of the former homeless encampment known as ‘The Zone.’ This area was not only a public safety and public health disaster for those who camped there, but it was also a detriment to the livelihoods of small business owners who set up their shops in the area.”

President Petersen added, “Money talks, and as a way to encourage municipalities to enforce the law, Speaker Toma and I teamed up to sponsor HCR 2023/SCR 1006. This measure is a ballot referral that would protect law-abiding citizens. If approved by voters, property owners would be allowed to request a refund for expenses incurred to mitigate the problem, up to the amount of their property tax liability. The funds would be deducted from the local government’s state shared revenue.”

The chamber’s president also noted that “all Senate Democrats voted ‘no’” on the referral.

At the end of February, the Arizona House approved the referral with a 31-28 vote (with one vacant seat). The Arizona Senate then passed the measure with a 16-12 vote (with two members not voting). The referral was then transmitted to the Arizona Secretary of State to be placed on the November General Election ballot.

Representatives from Barry Goldwater Institute for Public Policy Research, QuikTrip, Arizona Free Enterprise Club, Arizona Chamber of Commerce, Arizona Food Marketing Alliance, and the National Federation of Independent Business, indicated their support for the proposal on the Arizona Legislature’s Request to Speak system. Representatives from the League of Arizona Cities & Towns, Living United for Change in Arizona, Arizona Coalition to End Sexual and Domestic Violence, Professional Fire Fighters of Arizona, Arizona Association of Counties, County Supervisors Association of Arizona, Arizona Housing Coalition, and several state cities and towns, signed in to oppose the measure.

Daniel Stefanski is a reporter for AZ Free News. You can send him news tips using this link.

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