by Staff Reporter | Nov 27, 2024 | News
By Staff Reporter |
Arizonans enacted a major incentive for local governments to address homelessness.
Voters approved Proposition 312, which requires local governments to compensate its property and business owners for damages caused by the homeless. Governor Katie Hobbs certified the proposition on Monday alongside all other election results.
Proposition 312 would secure compensations through a refund on property tax payments up to an amount matching costs incurred by local government’s “failure to enforce laws and ordinances prohibiting illegal camping, loitering, obstructing public thoroughfares, panhandling, public urination or defecation, public consumption of alcoholic beverages, and possession or use of illegal substances.”
Should the cost of damages exceed the property tax bill, the proposition gives the owner the right to apply for a refund from their next property tax payment(s) in perpetuity until that initial balance is paid.
“Property owners would be eligible annually for refunds until the taxing entity begins enforcing the relevant public nuisance laws,” stated the ballot summary.
Policy experts anticipate the Arizona proposition to inspire other cities to adopt a similar policy.
The Goldwater Institute, which crafted Proposition 312, said in a statement on Monday that the measure provided another tool in addressing the homeless crisis facing Phoenix and major cities in other states. Victor Riches, Goldwater Institute’s senior communications manager, said in an opinion piece for The Wall Street Journal that the proposition should serve as sufficient motivation for local elected officials to act with more urgency.
“Proposition 312 should be a wake-up call for elected officials forcing law-abiding businesses and residents to pay the price for a crisis they didn’t create,” said Riches. “The message to politicians couldn’t be clearer: Do your job. Enough is enough.”
Riches identified Phoenix and its infamous downtown area unofficially cordoned off for the homeless (“The Zone”) as a prime example of the “government malfeasance” that allowed the adverse effects of homelessness on properties and businesses in the area.
“Property values plummeted in the Zone. Small businesses suffered. People lost their livelihoods as dozens of business owners had no choice but to close up shop,” said Riches. “And even as the city spent over $180 million to address the crisis (only a fraction of which is publicly accounted for), the number of homeless people in Phoenix rose 92% between 2018 and 2023.”
Nearly 59 percent of voters (1.8 million votes) approved Proposition 312. The legislative vehicle for the proposition, HCR 2023, passed in both chambers with bipartisan support earlier this year.
Major leftist organizations said in their arguments against Proposition 312 that the cities and counties shouldn’t face financial punishment for the acts of the homeless, and reduced tax revenue would hinder funding for community assistance geared toward homelessness.
Among those to oppose Proposition 312 were Civic Engagement Beyond Voting, Lutheran Social Services of the Southwest, Opportunity Arizona, Fuerte Arts Movement, Living United for Change in Arizona, and the ACLU of Arizona.
The Common Sense Institute Arizona (CSI) found in a report released last month that the proposition would likely improve property values.
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by Daniel Stefanski | Nov 23, 2024 | News
By Daniel Stefanski |
A ballot measure to protect Arizonans from the rise of unabated homelessness in communities was overwhelmingly passed by voters in the General Election.
Earlier this month, Proposition 312 received almost 60% of the vote, cruising to a smooth victory on Election Night. The measure, which was referred to the ballot from the Arizona Legislature, stipulates that “property owners may apply for a tax refund for expenses incurred due to a governing authority’s failure to enforce certain public nuisance laws on or near the owner’s real property.”
The legislative vehicle for the measure, HCR 2023, was sponsored by House Speaker Ben Toma. It passed both chambers in the Arizona Legislature with bipartisan support and was transmitted to the Secretary of State’s Office in March of this year.
In a statement after the successful passage of the bill out of his chamber, Senate President Warren 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.”
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.”
Speaker Toma also had said, “Business owners and residents alike are having their property stolen, vandalized, or terrorized and are desperate for help. That’s why I sponsored HCR2023, to hold our local governments accountable to our community members and to help provide some relief for property owners who have suffered damages because of a city’s purposeful failure to provide the public health and safety services we all pay for.”
The Arizona Chamber of Commerce and Industry, which was instrumental in promoting the proposition, issued a statement following the General Election win, writing, “Arizona voters have sent a clear message: Government, do your job. They do not want our state to become the next San Francisco or Los Angeles. Prop 312 is a win for property owners, businesses, and everyday Arizonans who too often shoulder the costs of unaddressed homelessness.”
The Goldwater Institute, which also pushed for Prop 312’s passage, also took a well-deserved victory lap after the positive result. The organization’s President and CEO, Victor Riches, stated, “The voters sent a clear message this election cycle: they demand their tax dollars be used to enforce the law and address rampant homelessness. Now that Prop 312 is law, business and property owners will not be left holding the bag when municipalities refuse to do their job.”
Daniel Stefanski is a reporter for AZ Free News. You can send him news tips using this link.
by Daniel Stefanski | Jun 8, 2023 | News
By Daniel Stefanski |
Amid a growing issue of homelessness around Arizona – especially in the Phoenix-Metro region – Democrat Governor Katie Hobbs rejected a Republican proposal to help address the problem.
On Monday, Governor Hobbs vetoed SB 1413, sponsored by Senator Justine Wadsack, would have required “a county, city or town, upon notice of the existence of a homeless encampment, to notify the owner to remove the structure from the location;” and would have stated “that persons who violate this prohibition are guilty of criminal trespassing or drug offenses as prescribed.”
In a letter to Senate President Warren Petersen, which explained her justification for the veto, Hobbs wrote: “People become and remain unsheltered for a variety of reasons. This legislation addresses none of those root causes, offers no pathways to assistance, and effectively criminalizes experiencing homelessness.”
Hobbs invited Petersen and his legislative colleagues to join her “in pursuing more productive solutions that respect human and constitutional rights.”
Senator Wadsack responded to the governor’s veto of her bill with a press release that denounced the action from the Ninth Floor of the Arizona Executive Tower, saying: “The City of Phoenix and the City of Tucson are two prime examples of local governments long ignoring a public safety issue that is now spiraling out of control. Murders, drug abuse, sexual assaults, human feces, fires, hypodermic needles and piles of trash are just some of the issues plaguing homeless encampments and spilling into areas where families, children and small businesses inhabit. This bill was to serve as a tool for municipalities to use in an effort to get these individuals off the streets and into services connecting them to shelter, sanitation facilities, health care and meals. Various outreach groups, like Gospel Rescue Mission, have availability right now to serve these individuals and get them back on their feet.”
The bill’s sponsor went on to warn readers about the consequences of the first-year governor’s veto, adding, “If Governor Hobbs’ goal is to turn Arizona into California, her veto of this bill will surely contribute to our state’s demise. In no time, our cities will resemble that of San Francisco, with major corporations withdrawing operations and lawlessness filling our streets. This is unacceptable governance from Hobbs and only advances chaos, not sanity, within our state.”
In March, the piece of legislation passed the state senate with a 16-12 vote (two members not voting). After being transmitted to the House of Representatives, SB 1412 cleared that chamber in May, in a 31-27 vote (with one member not voting and one seat vacant).
Progress Arizona posted its thanks to Governor Hobbs for her veto, tweeting, “Sen Justine Wadsack, an extremist lawmaker from Pima County, spends her time at the #AZLEG bullying unhoused residents, attacking LGBTQ+ people, spreading conspiracy theories & pushing hateful legislation. SB 1413, like many of her horrible proposed bills, would’ve penalized unhoused residents living in encampments with criminal trespassing.”
Daniel Stefanski is a reporter for AZ Free News. You can send him news tips using this link.
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