Arizona Proposition 209, Healthcare Debt Interest Rate Limit and Debt Collection Exemptions Initiative (2022)
Arizona Proposition 209 | |
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Election date November 8, 2022 | |
Topic Healthcare and Property | |
Status Approved | |
Type State statute | Origin Citizens |
Arizona Proposition 209, the Healthcare Debt Interest Rate Limit and Debt Collection Exemptions Initiative, was on the ballot in Arizona as an initiated state statute on November 8, 2022. The measure was approved.
A "yes" vote supported:
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A "no" vote opposed:
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Election results
Arizona Proposition 209 |
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Result | Votes | Percentage | ||
1,747,363 | 72.01% | |||
No | 679,089 | 27.99% |
Overview
How did Proposition 209 change policy toward debt interest rates and collection?
- See also: Measure design
Proposition 209 was designed to set a limit on interest rates for debt accrued from receiving healthcare services as equal to either the weekly average one-year constant maturity treasury yield or 3 percent, whichever is less. It was also designed to increase the amount of value for certain property—including homestead, household furnishings, motor vehicles, and bank account funds—and earnings exempt from attachment, execution, forced sale, and any other debt collection processes.[1][2]
The amount of a homestead exempt from debt collection increased from $250,000 to $400,000. The value of household furnishings exempt from debt collection increased from $6,000 to $15,000. The equity of a motor vehicle exempt from the debt collection process increased from $6,000 to $15,000, and if the individual who owes a debt, or their dependent, has a physical disability, this amount increased from $12,000 to $25,000. The initiative was designed to adjust the above values yearly by the increase in the cost of living.[2]
The amount of money held in a bank account or other financial institution exempt from debt collection increased from $300 to $5,000. The disposable earnings subject to debt collection changed to 10 percent, or 60 times the minimum wage, whichever is less.[2]
Who was behind the campaigns surrounding the ballot measure?
The Arizonans Fed Up With Failing Healthcare PAC (Healthcare Rising Arizona) was registered to support Proposition 209.[3] The campaign has received $12.8 million in total contributions and has spent $12.8 million in expenditures. The top donor was SEIU United Healthcare Workers, contributing $8.8 million to the PAC. The other top donors were Healthcare Rising Arizona, contributing $3.54 million, and the SEIU UHW Political Issues Committee, contributing $500,000. These numbers are according to campaign finance reports which covered up to December 31, 2022.[4]
Ballotpedia has not identified a campaign registered in opposition to Proposition 209.[5]
What is Arizona’s policy toward debt collection, and debt from healthcare services?
When an individual has an outstanding debt due, that balance may be sent to a debt collector or debt collection agency in order to collect the money owed. The debt collector will be responsible for contacting the individual who owes a debt in order to collect the money owed. Collectors may also report delinquent debts to credit bureaus.[6]
For a debt collector to garnish wages or bank accounts, the debt collector must take the individual to court before the statute of limitations runs out. In Arizona, for medical debt, the statute of limitations is six years.[7] If the debt collector is granted a judgment against the individual who owes the debt, creditors can garnish disposable earnings, place a lien on real estate property, or place a levy on personal property. A debt collector may also seize money in the individual’s bank account, though under Arizona law the first $300 within the account are protected from seizure.[7]
Arizona debt collectors must abide by certain federal regulations, as well as state regulations. [8] At the time of the election, Arizona law protected $250,000 of the value of a home from debt collection.[9] Arizona asset protections were capped at $6,000 for a motor vehicle, $300 in a bank account from garnishment, and $6,000 in household goods.[10] These amounts were set change after voters approved Proposition 209.
Aftermath
Lawsuit
This article contains a developing news story. Ballotpedia staff are checking for updates regularly. To inform us of new developments, email us at editor@ballotpedia.org.
Lawsuit overview | |
Issue: Is Proposition 209 clear about whether the provisions apply to old debts or new debts, and is this measure enforceable? | |
Court: Maricopa County Superior Court | |
Plaintiff(s): Arizona Creditors Bar Association Inc, et al. | Defendant(s): State of Arizona |
Source: Verified Special Action Complaint
On December 5, 2022, a lawsuit against the State of Arizona was filed by the Arizona Creditors Bar Association, the Protect Our Arizona PAC, and other plaintiffs. The lawsuit questioned the constitutionality of Proposition 209, specifically the Savings Clause within the initiative which states that the law applies prospectively only, but that it does not apply to "right and duties that matured" before the effective date of the law.[11] On December 7, 2022, Maricopa County Superior Court Judge John Blanchard signed a temporary restraining order preventing the enforcement of Proposition 209.[12] On December 20, a Maricopa County Superior Court judge denied the lawsuit. The ruling said that "Prop. 209 should be permitted to take effect, without guidance or restriction from the court," and that "While the scope of the law is wide-ranging and impacts important and long-standing processes for collecting debts, the language at issue is neither vague nor unintelligible."[13]
Measure design
Click on the arrows (▼) below for summaries of the different provisions of the constitutional amendment.
Homestead exemptions: Increases the amount of homestead exempt from debt collection
Proposition 209 was designed to increase the amount of homestead exempt from debt collection from $250,000 to $400,000. This amount will be adjusted yearly by the increase in the cost of living.
Household furnishings: Increases the amount of value in household furnishings
The measure was designed to increase the value in household furnishings exempt from debt collection process from $6,000 to $15,000. This amount will be adjusted yearly by the increase in the cost of living.
Motor vehicles: Increases the amount of value for motor vehicles exempt from debt collection
The equity of a motor vehicle exempt from the debt collection process increased from $6,000 to $15,000. If the debtor or debtor’s dependent has a physical disability, this amount increased from $12,000 to $25,000. This amount will be adjusted yearly by the increase in the cost of living.
Money in financial institutions Increases amount exempt from debt collection
Proposition 209 increased the amount of money held in a single account of any financial institution that is exempt from debt collection from $300 to $5,000.
Disposable earnings: Decreases amount of disposable earnings subject to debt collection
The maximum part of disposable earnings subject to debt collection was decreased to 10 percent or earnings that exceed 60 times the minimum wage, whichever is less. This was a decrease from 25 percent or earnings that exceed 30 times the applicable minimum wage, whichever was less.
Interest rates: Caps interest rates on medical debt at 3 percent per year
The interest rate on medical debt is limited to the interest rate equal to the average 1-year constant maturity yield, but is capped at not be more than 3 percent per year. This maximum interest rate will also apply to any judgments on medical debt.
Text of measure
Ballot title
The official ballot title was as follows:[1]
“ |
Amending sections 12-1598.10, 33-1101, 33-1123, 33-1125, 33-1126, 33-1131, and 44-1201, Arizona revised statutes; relating to predatory debt collection protection. Descriptive Title The law would reduce maximum interest rates on medical debt from 10 percent to 3 percent annually; increase the amount of certain assets exempt from debt collection; annually adjust exemptions for inflation beginning 2024; and allow courts to reduce the amount of disposable earnings garnished in cases of extreme economic hardship. [14] |
” |
Ballot summary
The official ballot summary was as follows:[1]
“ | A “YES” vote shall have the effect of reducing maximum interest rates on medical debt from ten percent to no more than three percent per year; increasing exemptions from all debt collection for certain personal assets, including a debtor’s home, household items, motor vehicle, and bank account from debt collection; adjusting exemptions from all debt collection for inflation beginning in 2024; decreasing the amount of disposable earnings subject to garnishment to no more than ten percent of disposable earnings but allowing a court to decrease the disposable earnings subject to garnishment to five percent based on extreme economic hardship.
A “NO” vote shall have the effect of retaining existing laws related to debt collection. [14] |
” |
Full text
The full text of the ballot initiative is below:[1]
Readability score
- See also: Ballot measure readability scores, 2022
Using the Flesch-Kincaid Grade Level (FKGL) and Flesch Reading Ease (FRE) formulas, Ballotpedia scored the readability of the ballot title and summary for this measure. Readability scores are designed to indicate the reading difficulty of text. The Flesch-Kincaid formulas account for the number of words, syllables, and sentences in a text; they do not account for the difficulty of the ideas in the text. The secretary of state wrote the ballot language for this measure.
The FKGL for the ballot title is grade level 13, and the FRE is 16. The word count for the ballot title is 73.
The FKGL for the ballot summary is grade level 14, and the FRE is 36. The word count for the ballot summary is 113.
Support
The Arizonans Fed Up With Failing Healthcare PAC (Healthcare Rising Arizona) was leading the ballot initiative.[3]
Supporters
Officials
- State Sen. Rosanna Gabaldon (D)
- State Sen. Christine Marsh (D)
- State Sen. Martin Quezada (Nonpartisan)
- State Sen. Rebecca Rios (D)
- State Sen. Victoria Steele (D)
- State Rep. Kelli Butler (D)
- State Rep. Andres Cano (D)
- State Rep. Charlene Fernandez (D)
- State Rep. Daniel Hernandez Jr. (D)
- State Rep. Ann Kirkpatrick (D)
- State Rep. Jennifer Longdon (D)
- State Rep. Amish Shah (D)
- State Rep. Stephanie Stahl Hamilton (D)
Political Parties
- Arizona Democratic Party
- Arizona Working Families Party
- Pima County Democratic Party
Unions
- Arizona Education Association
- SEIU United Healthcare Workers West
- Southwest Carpenters
- UNITE HERE Local 11
- Western States Regional Joint Board
Organizations
- Arizona Building and Construction Trades Council
- Arizona Faith Network
- Arizona Jews for Justice
- Arizona Public Health Association
- Arizona Students Association
- Arizona Wins
- Be a Hero PAC
- Case Action
- Center for Economic Integrity
- Civic Engagement Beyond Voting
- Living United for Change Arizona
- NAACP East Valley Branch
- One Arizona
- Our Voice Our Vote
- Peoples Defense Initiative
- Phoenix Workers Alliance
- RIP Medical Debt
- Rural Arizona Action
- Southern Arizona AIDS Foundation
- Southwest Fair Housing Council
- Vets Forward
- Wildfire AZ
Arguments
Opposition
Opponents
Political Parties
Organizations
- Americans for Tax Reform
- Arizona Bankers Association
- Arizona Retailers Association
- Goldwater Institute
- Greater Phoenix Chamber
- Protect Our Arizona
Arguments
Campaign finance
The Arizonans Fed Up With Failing Healthcare PAC was registered to support the ballot initiative. The committee received $12.8 million, and spent $12.8 million.[15]
Ballotpedia did not locate political action committees opposing the ballot measure. You can share information about ballot measure committees, along with source links for this information, with us at editor@ballotpedia.org.
Cash Contributions | In-Kind Contributions | Total Contributions | Cash Expenditures | Total Expenditures | |
---|---|---|---|---|---|
Support | $6,940,543.86 | $5,934,132.62 | $12,874,676.48 | $6,867,651.59 | $12,801,784.21 |
Oppose | $0.00 | $0.00 | $0.00 | $0.00 | $0.00 |
Support
The following table includes contribution and expenditure totals for the committees in support of the measure.[15]
Committees in support of Proposition 209 | |||||
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Committee | Cash Contributions | In-Kind Contributions | Total Contributions | Cash Expenditures | Total Expenditures |
Arizonans Fed Up With Failing Healthcare | $6,940,543.86 | $5,934,132.62 | $12,874,676.48 | $6,867,651.59 | $12,801,784.21 |
Total | $6,940,543.86 | $5,934,132.62 | $12,874,676.48 | $6,867,651.59 | $12,801,784.21 |
Donors
The following were the top donors who contributed to the support committees.[15]
Donor | Cash Contributions | In-Kind Contributions | Total Contributions |
---|---|---|---|
SEIU United Healthcare Workers | $3,313,967.14 | $5,403,100.94 | $8,717,068.08 |
Healthcare Rising Arizona | $0.00 | $3,541,704.29 | $3,541,704.29 |
SEIU UHW Political Issues Committee | $500,000.00 | $0.00 | $500,000.00 |
Methodology
To read Ballotpedia's methodology for covering ballot measure campaign finance information, click here.
Background
Debt in collections in Arizona and nationwide
As of 2022, according to data from the Urban Institute, 27 percent of Arizonans had debt in collections, compared to 26 percent of Americans at the national level. The median debt Arizonans had in collections was $1,903, compared to $1,739 at the national level. For Arizonans, as of 2022, the credit card debt delinquency rate was 3 percent, while the median credit card delinquent debt was $441.[16]Twelve percent of Arizonans also had medical debt in collections.[16] Sixteen percent of Arizonans with a credit file had medical debt in collections.[17] As of 2022 at the federal level, according to the Consumer Finance Protection Bureau, 20 percent of U.S. households had medical debt. Of the bills sent to debt collection agencies, 58 percent included medical debt. And according to a Kaiser Family Foundation analysis published in 2022, 23 million Americans had a medical debt of at least $250.[18]
Arizona policy for debt from healthcare services
As of 2022, debt collectors in Arizona must adhere to the federal Fair Debt Collection Practices Act, which establishes certain rules and regulations regarding debt collection. Debt collectors cannot contact an individual before 8:00 a.m. or after 9:00 p.m., must restrict all communications to an attorney if the individual has one, may not contact the individual at work if the employer prohibits these communications, may not make threats of any kind, and may not make false statements in any kind to collect a debt.[19] As of 2022, Arizona state statute also required that collection agencies be licensed and provide a bond, according to both § 32-1021 and § 32-1055 of the Arizona Revised Statute. And in accordance to § 32-1051 of the Arizona Revised Statute, licensees must not “engage in any unfair or misleading practices or resort to any oppressive, vindictive or illegal means or methods of collection.”[20]
As of 2022, Arizona law protected $250,000 of the value of a home from debt collection, and Arizona asset protections were capped at $6,000 for a motor vehicle, $300 in a bank account from garnishment, and $6,000 in household goods.[17]
Healthcare measures 2022
- See also: Healthcare on the ballot
- Montana LR-131, Medical Care Requirements for Born-Alive Infants Measure (2022)
- Oregon Measure 111, Right to Healthcare Amendment (2022)
- South Dakota Constitutional Amendment D, Medicaid Expansion Initiative (2022)
- California Proposition 29, Dialysis Clinic Requirements Initiative (2022)
- Colorado Proposition 122, Decriminalization and Regulated Access Program for Certain Psychedelic Plants and Fungi Initiative (2022)
- Massachusetts Question 2, Medical Loss Ratios for Dental Insurance Plans Initiative (2022)
- Vermont Proposal 5, Right to Personal Reproductive Autonomy Amendment (2022)
Path to the ballot
The state process
In Arizona, the number of signatures required to qualify an initiated state statute is equal to 10 percent of the votes cast for the office of governor in the most recent gubernatorial election. Petitions can be circulated for up to 24 months. Signature petitions must be submitted four months prior to the election at which the measure is to appear.
The requirements to get initiated state statutes certified for the 2022 ballot:
- Signatures: 237,645 valid signatures were required.
- Deadline: The deadline to submit signatures was July 7, 2022.
If the secretary of state certifies that enough valid signatures were submitted, the initiative is put on the next general election ballot. The secretary of state verifies the signatures through a random sampling of 5 percent of submitted signatures working in collaboration with county recorders. If the random sampling indicates that valid signatures equal to between 95 percent and 105 percent of the required number were submitted, a full check of all signatures is required. If the random sampling shows fewer signatures, the petition fails. If the random sampling shows more, the initiative is certified for the ballot.
Details about this initiative
- Arizonans Fed Up with Failing Healthcare (Healthcare Rising AZ) filed the initiative with the secretary of state on April 22, 2021.
- On July 7, supporters of the measure submitted 472,296 signatures.[21]
- On August 17, 2022, Maricopa County Superior Court Judge Frank Moskowitz rejected a challenge to the measure that alleged that paid petition circulators were improperly registered with the secretary of state's office. According to the secretary of state, the campaign had submitted an estimate of 333,958 valid signatures and qualified for the ballot.[22][23]
Sponsors of the measure hired Fieldworks LLC to collect signatures for the petition to qualify this measure for the ballot. A total of $6,045,788.96 was spent to collect the 237,645 valid signatures required to put this measure before voters, resulting in a total cost per required signature (CPRS) of $25.44.
Lawsuit
Lawsuit overview | |
Issue: Does the summary of the initiative communicate objectively false or misleading information? | |
Court: Superior Court of Arizona Maricopa County | |
Ruling: The plaintiff's argument is rejected. The term secured debt is commonly understood to mean involuntarily secured debt, and that the summary, when read as a whole, is not objectively false or misleading. | |
Plaintiff(s): Protect Our Arizona | Defendant(s): Katie Hobbs, et al. |
Plaintiff argument: The last sentence of the 98-word summary, which says the measure "does not change existing law regarding secured debt" is inaccurate because the measure only affects involuntarily secured debt | Defendant argument: The summary is not misleading or objectively false. |
Source: Moskowitz Ruling
On August 17, 2022, Maricopa County Superior Court Judge Joseph Mikitish rejected a legal challenge to the measure. The challenge argued that the last sentence in the 98-word summary of the measure was inaccurate or misleading. The sentence said that the measure "does not change existing law regarding secured debt." The plaintiff, Protect Our Arizona, argued that this sentence was misleading or objectively false because the initiative only affects involuntarily secured debt. Judge Mikitish ruled that the term secured debt was commonly understood to mean involuntarily secured debt, and that the summary was not objectively false or misleading.[24] The case has been appealed to the Arizona Supreme Court. On August 25, the Arizona Supreme Court rejected the challenge to the initiative.[25]
How to cast a vote
- See also: Voting in Arizona
Click "Show" to learn more about current voter registration rules, identification requirements, and poll times in Arizona.
How to cast a vote in Arizona | |||||
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Poll timesIn Arizona, all polling places are open from 6:00 a.m. to 7:00 p.m. local time. An individual who is in line at the time polls close must be allowed to vote.[26][27] Registration
To vote in Arizona, one must be a citizen of the United States and a resident of an Arizona county. A voter must be 18 years or older on or before Election Day.[28] To be eligible to vote in an election one must register at least 29 days prior to the election. Individuals can register online, in person at the county recorder's office, or by mail.[28] Automatic registrationArizona does not practice automatic voter registration. Online registration
Arizona has implemented an online voter registration system. Residents can register to vote by visiting this website. Same-day registrationArizona does not allow same-day voter registration. Residency requirementsArizona law requires 29 days of residency in the state before a person may vote. Verification of citizenshipOn March 30, 2022, Governor Doug Ducey (R) signed HB2492 into law. HB2492 requires that voters submitting registration forms not produced by the U.S. Election Assistance Commission submit proof of citizenship along with their registration forms. In the case of registration forms produced by the U.S. Election Assistance Commission, HB2492 requires election officials to "use all available resources to verify the citizenship status" of applicants. Should officials be unable to verify a voter's citizenship status, that voter will be barred from voting in a presidential election or by mail in any election, pending submission of proof of citizenship. Should officials determine that a voter is not a citizen, officials will be required to forward the registration application to the county attorney and the attorney general for investigation. Officials who fail to comply with these requirements are guilty of a Class 6 felony.[29] Verifying your registrationThe site Voter View, run by the Arizona Secretary of State's office, allows residents to check their voter registration status online. Voter ID requirementsArizona requires voters to present photo identification or two forms of non-photo identification while voting.[30][31] The following were accepted forms of identification as of March 2023: Click here for the Arizona Citizens Clean Elections Commission's page on accepted ID to ensure you have the most current information. Voters can present one of the following forms of ID that contain the voter’s photograph, name, and address:
If a voter does not have one of the above forms of ID, the voter can present two of the following forms of ID that contain the voter’s name and address:
Additionally, if a voter presents photo ID that does not list an address within the precinct in which he or she wants to cast a vote, that person may present the photo ID with one non-photo identification material from the second list above. The identification material should include the voter’s address. |
See also
External links
Footnotes
- ↑ 1.0 1.1 1.2 1.3 Arizona Secretary of State, "2022 Initiative, Referendum and Recall Applications," accessed April 22, 2021
- ↑ 2.0 2.1 2.2 Arizona Secretary of State, "Initiative Petition I-03-2022," accessed April 22, 2021
- ↑ 3.0 3.1 Healthcare Rising AZ, "Homepage," accessed Sep 26 2022
- ↑ Arizona Secretary of State, "See the Money," accessed August 27, 2022
- ↑ Arizona Secretary of State, "See the Money," accessed August 27, 2022
- ↑ Lending Tree, "Arizona Debt Relief: Your Guide to State Laws and Managing Debt," accessed Sep 9, 2021
- ↑ 7.0 7.1 Cite error: Invalid
<ref>
tag; no text was provided for refs nameddebt
- ↑ Federal Trade Commission, "Fair Debt Collection Practices Act," accessed Sep 25, 2022
- ↑ AzLeg.gov, "33-1101. Homestead exemptions; persons entitled to hold homesteads; equity," accessed Sep 25, 2022
- ↑ AzLeg.gov, "Arizona Revised Statutes Title 33," accessed Sep 25, 2022
- ↑ Superior Court of the State of Arizona, "Verified Special Action Complaint," December 5, 2022
- ↑ Yahoo.com, "Arizona judge puts part of Proposition 209, which gives medical debt relief, on hold," December 8, 2022
- ↑ AZCentral.com, "Judge denies challenge to Proposition 209, which gives medical debt relief to Arizona consumers," December 22, 2022
- ↑ 14.0 14.1 Note: This text is quoted verbatim from the original source. Any inconsistencies are attributable to the original source.
- ↑ 15.0 15.1 15.2 Arizona Secretary of State, "See the Money," accessed August 27, 2022
- ↑ 16.0 16.1 Urban Institute, "Debt in America: An Interactive Map," accessed Sep 9, 2022
- ↑ 17.0 17.1 Grand Canyon Institute, "Predatory Debt Collection Protection Act Policy Paper," accessed Sep 9, 2022
- ↑ Debt.org, "Medical Debt and Collections," accessed Sep 9, 2022
- ↑ Federal Trade Commission, "Fair Debt Collection Practices Act," accessed Sep 9, 2022
- ↑ Arizona State Legislature, "Arizona Revised Statutes," accessed Sep 9, 2022
- ↑ AZ Central, "Ballot measures to expand voting access, identify campaign donors and limit medical debt submit signatures," accessed July 7, 2022
- ↑ US News & World Report, "Judges Reject Challenges to 2 Arizona Ballot Initiatives," accessed August 20, 2022
- ↑ Arizona Secretary of State, Initiative, Referendum and Recall," accessed August 20, 2022
- ↑ Superior Court of Arizona Maricopa County, "Moskowitz Ruling," Aug 17, 2022
- ↑ AzCentral.com, "2 initiatives on debt protection and dark money qualify for November ballot; 3rd goes into overtime," Aug 25, 2022
- ↑ Arizona Revised Statutes, "Title 16, Section 565," accessed March 14, 2023
- ↑ Arizona generally observes Mountain Standard Time; however, the Navajo Nation observes daylight saving time. Because of this, Mountain Daylight Time is sometimes observed in Arizona.
- ↑ 28.0 28.1 Arizona Secretary of State, "Registration Requirements," accessed March 14, 2023
- ↑ Arizona Legislature, "HB2492," accessed March 14, 2023
- ↑ ArizonaElections.gov, "What ID Do I Need to Vote Quiz," accessed March 14, 2023
- ↑ FindLaw.com, "Arizona Revised Statutes Title 16. Elections and Electors § 16-579. Procedure for obtaining ballot by elector," accessed March 14, 2023
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