PROPOSED AMENDMENT
SENATE AMENDMENTS TO H.B. 2062
(Reference to House engrossed bill)
Page 5, between lines 10 and 11, insert:
“N. THE DEPARTMENT MAY PROVIDE INFORMATION REGARDING PARTIAL ASSESSMENT OF COSTS TO ANY COUNTY, CITY, TOWN, COUNCIL OF GOVERNMENT OR REGIONAL TRANSPORTATION AUTHORITY THAT REQUESTS IT.”
Reletter to conform
Page 7, after line 6, insert:
“Sec. 2. Section 42-5041, Arizona Revised Statutes, as amended by Laws 2015, chapter 10, section 7, is amended to read:
42-5041. Partial assessment of costs to local government
A. From and after June 30, 2015, the department shall assess and collect fees from cities, towns, and counties, COUNCILS OF GOVERNMENTS, AND REGIONAL TRANSPORTATION AUTHORITIES as determined by the director and as provided by this section to recover a portion of administrative, program and other operating costs incurred in providing administrative and collection services to local governments.
B. From and after June 30, 2015, a fee is assessed to each county, city and town that receives state shared revenues pursuant to sections 42‑5029 and 43-206, TO EACH COUNCIL OF GOVERNMENT THAT RECEIVES REVENUE PURSUANT TO SECTION 42-6105, AND TO EACH REGIONAL TRANSPORTATION AUTHORITY LOCATED IN A COUNTY WITH A POPULATION EXCEEDING FOUR HUNDRED THOUSAND PERSONS THAT RECEIVES REVENUE PURSUANT TO SECTION 42-6106.
C. In fiscal year 2015-2016, a fee is assessed to each city and town for which the department does not administer and collect transaction privilege taxes pursuant to chapter 6, article 1 of this title.
D. The department shall assess the fees under this section not later than July 31 each year, and the fees are payable immediately on assessment. If a county, city, or town, COUNCIL OF GOVERNMENT, OR REGIONAL TRANSPORTATION AUTHORITY fails to pay the assessment in full on or before September 30, the department shall notify the state treasurer who shall withhold the delinquent amount from the distribution of monies to the affected county, city or town pursuant to section 42-5029 AND FROM THE DISTRIBUTION OF MONIES TO THE AFFECTED COUNCIL OF GOVERNMENT OR REGIONAL TRANSPORTATION AUTHORITY PURSUANT TO SECTION 42-6105 AND SECTION 42-6106 and continue to withhold monies until the entire amount of the assessment has been satisfied.
E. All monies paid to the department or withheld by the state treasurer for the purposes prescribed in subsections A and B of this section shall be credited to the department of revenue administrative fund established by section 42-1116.01.
F. All monies paid to the department or withheld by the state treasurer for the purposes prescribed in subsection C of this section shall be credited to the department of revenue IGA and ISA fund established pursuant to section 35‑142.
G. Counties, cities and towns may meet their cost sharing obligation from any source of county, city or town revenue designated by the appropriate county, city or town. The county sources may include monies of any countywide special taxing jurisdiction in which the board of supervisors serves as the board of directors.
H. County, city and town contributions made pursuant to this section are excluded from the applicable expenditure limitations.
Sec. 3. Laws 2015, chapter 10, section 21, is amended to read:
Sec. 21. Legislative intent
A. It is the intent of the legislature that the fees prescribed in section 42‑5041, subsection B, Arizona Revised Statutes, be assessed and collected pursuant to the following guidelines:
1. The total fees for all counties, cities, and towns, COUNCILS OF GOVERNMENTS AND REGIONAL TRANSPORTATION AUTHORITIES may not exceed $20,755,835 in any fiscal year.
2. The share of fees assessed to all counties pursuant to paragraph 1 of this subsection shall be in proportion to the aggregate amount of monies distributed to counties in the preceding two fiscal years pursuant to title 42, chapter 6, article 3, Arizona Revised Statutes, and section SECTIONS 42-6103 AND 42-5029, Arizona Revised Statutes, as a percentage of aggregate distributions to all counties, cities, and towns, COUNCILS OF GOVERNMENTS AND REGIONAL TRANSPORTATION AUTHORITIES LOCATED IN A COUNTY WITH A POPULATION EXCEEDING FOUR HUNDRED THOUSAND PERSONS in the preceding two fiscal years pursuant to title 42, chapter 6, article 3, Arizona Revised Statutes SECTIONS 42-6103, 42-6105, 42-6106, and sections 42‑5029, 42-6001 and 43-206, Arizona Revised Statutes.
3. The share of fees assessed to all cities and towns pursuant to paragraph 1 of this subsection shall be in proportion to the aggregate amount of monies distributed to cities and towns in the preceding two fiscal years pursuant to title 42, chapter 6, article 3, Arizona Revised Statutes sections 42-6001, and section 42-5029 and 43-206, Arizona Revised Statutes, as a percentage of aggregate distributions to all counties, cities, and towns, COUNCILS OF GOVERNMENTS AND REGIONAL TRANSPORTATION AUTHORITIES LOCATED IN A COUNTY WITH A POPULATION EXCEEDING FOUR HUNDRED THOUSAND PERSONS in the preceding two fiscal years pursuant to title 42, chapter 6, article 3, Arizona Revised Statutes SECTIONS 42-6103, 42-6105, 42-6106, and sections 42-5029, 42-6001 and 43-206, Arizona Revised Statutes.
4. The share of fees assessed to all councils of governments pursuant to paragraph 1 of this subsection shall be in proportion to the aggregate amount of monies distributed to all councils of governments in the preceding two fiscal years pursuant to section 42-6105, Arizona Revised Statutes, as a percentage of aggregate distributions to all counties, cities, towns, councils of governments and regional transportation authorities located in a county with a population exceeding four hundred thousand persons in the preceding two fiscal years pursuant to sections 42-5029, 42-6001, 42-6103, 42-6105, 42-6106 and 43-206, Arizona Revised Statutes.
5. The share of fees assessed to all regional transportation authorities located in a county with a population exceeding four hundred thousand persons pursuant to paragraph 1 of this subsection shall be in proportion to the aggregate amount of monies distributed to all regional transportation authorities located in a county with a population exceeding four hundred thousand persons in the preceding two fiscal years pursuant to section 42-6106, Arizona Revised Statutes, as a percentage of aggregate distributions to all counties, cities, towns, councils of governments and regional transportation authorities located in a county ofwith a population exceeding four hundred thousand persons in the preceding two fiscal years pursuant to sections 42-5029, 42-6001, 42-6103, 42-6105, 42-6106 and 43-206, Arizona Revised Statutes.
4. 6. Except as provided by sections 42-5033 and 42-5033.01, Arizona Revised Statutes, the population of a county as determined by the most recent United States decennial census plus any revision to the decennial census certified by the United States census bureau shall be used as the basis for apportioning monies pursuant to paragraph 2 of this subsection.
5. 7. Except as provided by sections 42-5033 and 42-5033.01, Arizona Revised Statutes, the population of a city or town as determined by the most recent United States decennial census plus any revision to the decennial census certified by the United States census bureau shall be used as the basis for apportioning monies pursuant to paragraph 3 of this subsection.
B. It is the intent of the legislature that the fees prescribed in section 42‑5041, subsection C, Arizona Revised Statutes, be payable in an amount equal to seventy‑six cents multiplied by the population of the city or town used for the purposes of computing state share revenues pursuant to sections 42‑5029 and 43‑206, Arizona Revised Statutes.”
Amend title to conform