Arizona Superior Court denies challenge to Prop 208
Ballot measure provides benefits to local school - CBS 13's April Hettinger finds out how funding will be used
YUMA, Ariz. (KYMA, KECY) - Back in November, Arizona Proposition 208 passed by a small margin, taxing singles who make more than $250,000 and couples who make more than $500,000.
The 3.5% tax was recently challenged claiming that only the legislature has the power to increase taxes, per Article IX Section 22 of the Arizona Constitution.
The legislature also needs a two-thirds vote for it to be enacted.
The judge ruled against this saying the people have the power to increase taxes by initiative in a majority vote.
Katrina Herrera, a special education teacher at Rio Colorado Elementary School in the Gadsden Elementary School District says the voters have spoken.
"The way that our Arizona Constitution is designed is that voters do have the ability to pass laws through propositions, through voting, and so if they come around and say that it's not legal on grounds like they've been trying to fight for it," Herrera said. "I think that would be a dangerous precedent to set because, you know, what does that mean about previous laws that we have and what does that mean about future laws."
Herrera put in several hours of volunteer work along with many others to even get this measure on the ballot.
"I was out there collecting signatures two years ago, you know, when it got turned down by the Supreme Court, and then, you know, we went out there during the pandemic to collect signatures and got it finally on the ballot. Voters passed it, and it's just confirmation that, you know, our Arizona community really does value education," Herrera stated.
Rep. Charlene Fernandez says in Yuma County the money will be spent on building a new school and hiring teachers.
"Once we are fully funded, we know we're going to have another high school. We have that many young people in this community that we do have a need for another high school," Rep. Fernandez said.
By having more teachers, this will allow for more one-on-one attention and reduced class sizes.
"I'd love to see class sizes that are under 30 consistently at the elementary level," Herrera explained. "You know, and it would be wonderful for continued raises to be able to happen from year to year rather than being kind of frozen where we're at like it has been in the past."
The Joint Legislative Budget Committee estimates it would raise about $827 million for education. Teachers don't expect to see a dollar of that money for at least another year once taxes are collected.
Wednesday on 13 On Your Side, April Hettinger speaks with Rep. Charlene Fernandez who also emphasizes the need for another high school in Yuma County.
