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2006 ballot propositions

Prop. 100
DENIAL OF BAIL; ILLEGAL ALIENS
Passed
Amend the state Constitution to prohibit bail for illegal aliens who are charged with a serious felony (defined in statute as those of classes one, two, three and four, as well as aggravated DUI). Referred by Legislature (HCR 2028, 2005 Reg. Sess.; see also HB2580, 2006 Reg Sess.)

Prop. 101
LOCAL GOV’T LEVY LIMITS
Too close to call
Amend the state Constitution to change the amount local governments are permitted to raise through the property tax. Currently, the maximum is the actual amount raised in 1980 increased by 2% per year plus the value of new construction. This amendment would eliminate unused taxing capacity by establishing the actual amount raised in 2005 as the new base. The amendment would not alter provisions for an annual 2% increase in the base amount or an adjustment to reflect new construction. Referred by Legislature (HCR 2056, 2006 Reg. Sess.)

Prop. 102
PUNITIVE DAMAGES; ILLEGAL IMMIGRANTS
Yes
Amend the state Constitution to prohibit a person who is in Arizona in violation of federal immigration law from being awarded punitive damages in any civil lawsuit filed in the state. Eligibility of illegal immigrants to file for compensatory damages is not affected. Referred by Legislature (SCR 1001, 2006 Reg. Sess.)

Prop. 103
ENGLISH AS OFFICIAL LANGUAGE
Yes
Amend the state Constitution to require that all official government action be conducted in English. Use of a language other than English is permitted in certain cases, e.g., when required by federal law, in actions to protect public health or safety and to promote or conduct tourism or international trade. Informal non-English communications or translations between government officials and the public are permitted but are considered nonbinding. Referred by Legislature (HCR 2036, 2006 Reg. Sess.)

Prop. 104
MUNICIPAL DEBT; CAPACITY
Yes
Amend the state Constitution to allow municipalities to incur debt up to 20% of their tax base for development of public safety, law enforcement, transportation or fire and emergency facilities with voter approval. Currently, the only purposes for which municipalities may incur debt to that level is to acquire land for parks and preserves or to supply water, light, or sewers. Referred by Legislature (HCR 2001, 2006 Reg. Sess.)

Prop. 105
STATE TRUST LAND (Referred by Legislature)
No
Amend the state Constitution to change provisions governing the sale or lease of state trust land. Currently trust land may not be sold for less than “true value” and only to the “highest and best bidder.” New provisions would require the Legislature to establish procedures for setting aside up to 400,000 acres in non-urban areas for conservation purposes, and to devise guidelines to ensure the sale of trust land in urban areas be done in consultation with local government. If Prop. 105 and Prop. 106 both pass, provisions of this proposition that conflict with those of Prop. 106 will not be enacted. Full implementation of Prop 105 requires Congressional approval of the changes to the act that authorized Arizona to become a state. Referred by Legislature (HCR 2045, 2006 Reg. Sess.).

Prop. 106
STATE TRUST LAND (Proposed by initiative)
No
amends the state Constitution to change provisions governing the sale or lease of state trust land. Currently trust land may not be sold for less than “true value” and only to the “highest and best bidder.” A seven-member board of trustees (appointed by the Governor with consent of the Senate) is created to plan and dispose of trust land. The trustees are authorized to adopt guidelines defining when the highest and best bid does not necessarily mean the most money to the state. Approximately 694,000 acres would be set aside for conservation. A portion of sale and lease proceeds may be dedicated to managing trust land and paying costs associated with the Bd of Trustees. Commercial sale/development of trust land must be done in consultation with local government. Full implementation of Proposition 106 requires Congressional approval of the changes to the act that authorized Arizona to become a state. Proposed by initiative petition circulated by Conserving Arizona’s Future

Prop. 107
CONSTITUTIONAL MARRIAGE DEFINITION
No
Amend the state Constitution so that only a union between a man and a woman is recognized as a marriage and that no governmental entity in the state may confer a status similar to that of marriage on persons who are not married. Proposed by initiative petition circulated by Protect Marriage Arizona.

Prop. 200
VOTER LOTTERY
No
Establish a $1 million prize awarded to a randomly selected person who voted in the primary or general election; funded by unclaimed lottery winnings. Proposed by initiative petition circulated by Arizona Voter Reward Act.

Prop. 201
SMOKING BAN
Yes
The current restriction on smoking in certain areas would be expanded to all public places including workplaces with exceptions for outdoor patios, hotel rooms designated as smoking rooms, fraternal clubs when not open to the public and retail tobacco stores. Persons smoking where prohibited would be subject to a fine of between $100 and $500 per offense. Imposes an additional two cents per pack tax on cigarettes (from $1.18 to $1.20). Revenue from fines and the new tax would go to Dept of Health Services to fund enforcement and education programs. This proposition would not prohibit local ordinances regarding smoking that are more restrictive. Proposed by initiative petition circulated by Smoke Free Arizona.

Prop. 202
MINIMUM WAGE
Yes
Establishes a state minimum wage of $6.75 per hour, beginning Jan 1, 2007, with an annual cost-of-living increase. Persons who regularly receive tips may be paid up to $3 less than the state minimum wage, but only if records corroborate than the person’s wages and tips together are equal at least to the minimum wage. Any person or organization may file an administrative complaint with the Industrial Commission of Arizona charging that an employer has violated this act. Proposed by initiative petitions circulated by Arizona Minimum Wage.

Prop. 203
EARLY CHILDHOOD DEVELOPMENT
T Yes
Imposes an increase in tobacco taxes (including an 80 cent hike per pack of cigarettes from $1.18 to $1.98). Revenue from the tax goes to the Arizona Early Childhood Development and Health Board which is established by this proposition. The board (appointed by the Governor with consent of the Senate) dispenses grants statewide to increase the quality of and access to education and health services for children under 5 years of age. A maximum of 10% of revenue from the new tax may be used for administrative purposes. Proposed by initiative petitions circulated by First Things First for Arizona’s Children.

Prop. 204
PIG AND VEAL FARMS; ANIMAL PENS
Yes
Prohibits confinement of pregnant sows and calves raised for veal in a manner that prevents the animal from lying down and fully extending its limbs or turning around freely. Some exceptions. Proposed by initiative petitions circulated by Arizonans for Humane Farms.

Prop. 205
MAIL BALLOT ELECTIONS
No
All state and local elections would be conducted via mail-in ballot sent to voters between 33 and 15 days before the election. Ballots must be returned to election officials no later than 7 pm on election day. A minimum number of countywide polling places would be open on election day. Proposed by initiative petitions circulated by Your Right to Vote.

Prop. 206
SMOKING IN BARS & RESTAURANTS
No
The current restriction on smoking in certain areas would be expanded to most public places and workplaces. The list of exceptions is the same as for Prop. 201, except Prop. 206 permits bars and other establishments that sell alcoholic beverages for on-site consumption to permit smoking at owner’s option and with posted signs. A violation by a bar owner is a class 3 (lowest) misdemeanor. A person smoking where prohibited is guilty of a petty offense and subject to a fine of $100 – $500. This proposition applies statewide and does not permit local governments to enact or enforce ordinances related to smoking that are different from state law. Proposed by initiative petitions circulated by Arizona Non-Smoker Protection Committee.

Prop. 207
EMINENT DOMAIN
Yes
Requires that if a government takes private property through eminent domain it may do so only for a “public use,” which is defined in the proposition as use by the public, public agencies or for utilities; to eliminate a threat to public health or safety; or to acquire abandoned property. Prop. 207 specifically excludes from the definition of “public use” any benefits of economic development. Additionally, a property owner is entitled to just compensation if the value of the person’s property is reduced by the enactment of a zoning change or other land use law. Proposed by initiative petitions circulated by Arizona Home Owner Protection Effort.

Prop. 300
PUBLIC PROGRAMS; ILLEGAL ALIENS
Yes
Persons in this county illegally are not eligible to receive certain public benefits, including child care assistance and education grants or tuition waivers; nor are they eligible to participate in state-run adult education classes or family literacy programs. Illegal aliens may not be classified as in-state students for tuition purposes at community colleges or state universities. Referred by Legislature (SCR 1031, 2006 Reg. Sess.)

Prop. 301
METH; INCARCERATION
Yes
A law enacted via initiative and approved by the voters in 1996 providing that persons convicted the first and second time for possession or use of a controlled substance cannot be incarcerated and must be eligible for probation would be amended so that they can be sentenced to jail or prison if convicted for possession or use of methamphetamine. Referred by Legislature (SCR 1033, 2006 Reg. Sess.)

Prop. 302
LEGISLATIVE SALARIES
No
Increase the salary paid to members of the state Legislature to $36,000 from $24,000. Recommended by state salary commission, referred to ballot by law that requires legislative salary increases to be approved by voters.

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