PHOENIX — Some of the most important, but often overlooked, items on Arizonans' November ballot are propositions. Voters have likely heard of the highly publicized questions surrounding the right to an abortion and increasing the penalty for crossing the border illegally, but 12News is informing you of three other yes or no questions that will impact areas of our community.
Proposition 313 would require a person who is convicted of a class 2 felony for any child sex trafficking offense to serve a prison sentence for the remainder of the person's natural life and make the person ineligible for any form of release.
"There is no money to be made in protecting children and victims," supporter of Prop 313, Kayleigh Kozak told Arizona PBS in a debate on this topic. "There is however money to be made in selling children for sex and providing interventions and programs to those who sell children for sex."
In that same debate, Jenna Panas, CEO of the Arizona Coalition to End Sexual and Domestic Violence, spoke against Prop 313.
"It isn't really a measure of punishment versus non-punishment. It's the unintended consequences of the bill," Panas said. "We already have are the punishment on the books, we're trying to solve a problem that doesn't exist, and unfortunately harming folks who have been victims will have a lifetime in prison as a certainty."
Prop 311 would establish a new state death benefit of $250,000 to the surviving spouse or children of a first responder who is killed in the line of duty as the result of another person's criminal act. A $20 penalty fee on every criminal conviction would provide funding for the new state death benefit. It would also increase criminal punishment for committing an aggravated assault against peace officers and would add other first responders as possible victims of this crime.
Those in favor argue it shows support for Arizona's first responders, who put their lives on the line to protect their communities. Those opposed say the fines post conviction would disproportionately impact people who can’t pay them, and remove the ability for judges to waive the fee.
Proposition 138 changes the way tipped workers earn a living wage. It would amend the state's constitution to change the minimum wage for tipped employees in the state.
Right now the state's minimum wage is $14.35, and based on Arizona law, tipped workers make $11.35 an hour.
Under Proposition 138, also called Tipped Worker's Protection Act, tipped workers would make 25% less than the minimum wage instead of $3.00 less.
Therefore if the state's minimum wage is $14.35 an hour, a tipped employee would make $10.77 under the ballot measure.
Steve Chucri, President of the Arizona Restaurant Association, said the measure guarantees tipped workers will "make $2.00 more with tips than they're currently working, in order for a restaurant owner to be in conformance with the law."
"Eighty-seven percent of tipped workers across the country like the tip credit system," Chucri said. "This is bolstering it by giving them the $2 extra guaranteed."
Chucri also said it protects the tip credit in the state which he said helps eliminate surcharges that will be passed down to customers.
"It's preserving the tipping structure in Arizona so restaurants can continue to grow and flourish," Chucri said. "We can hire more people, and the tipped workers can make more money."
Jim Barton, an attorney, along with the political action committee Raise the Wage AZ, challenged the measure back in June and claimed the title 'Tipped Workers Protection Act' is "deceptive".
However, a Maricopa County Superior Court judge ruled it was not, keeping it on the ballot.
"First off, it takes this sub-minimum wage, and instead of it being in the law that can be, changed and amended, it moves it into our Constitution," Barton said. "The second thing it does is, instead of being $3 less an hour, it says 25% less an hour."
Barton said the measure's math conversions are "complicated" and "confusing".
"This thing [is] never going to be checked, and that $2 more they put in there is a complete red herring," Barton said. "All it does is it just makes the formula more complicated, and it means workers will not know that they can demand, 'Hey, give me my 25% back, I didn't make enough money to get over this threshold '.
Arguments by those in favor of Prop 138 can be read here. Arguments for those opposed can be read here.
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