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REFERENCE TITLE: TPT; Indian tribes; economic development |
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State of Arizona Senate Fifty-third Legislature First Regular Session 2017
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SB 1467 |
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Introduced by Senators Peshlakai: Dalessandro, Mendez; Representative Martinez
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AN ACT
Amending title 42, chapter 5, article 1, Arizona Revised Statutes, by adding section 42-5031.02; relating to transaction privilege and affiliated excise tax revenues.
(TEXT OF BILL BEGINS ON NEXT PAGE)
Be it enacted by the Legislature of the State of Arizona:
Section 1. Title 42, chapter 5, article 1, Arizona Revised Statutes, is amended by adding section 42-5031.02, to read:
42-5031.02. Distribution of revenues for Indian tribal economic development and infrastructure development; compact; definitions
A. Each month the state treasurer shall transmit to the treasurer or other designated depository of each qualifying Indian tribe __ percent of the amount of transaction privilege tax revenues received pursuant to this article in the preceding month from all sources located on the Indian reservation established for the qualifying Indian tribe as determined pursuant to section 42‑5029, subsection A, paragraph 3.
B. The monies distributed pursuant to this section are for the exclusive purpose of supporting economic development and infrastructure development in this state by a qualifying Indian tribe on its own Indian reservation. Before receiving any monies under this section, a qualifying Indian tribe shall enter into an initial compact with this state, signed by the governor and the president, chairperson or governor of the tribe, to account for the use of monies distributed pursuant to this section. The compact shall:
1. Require the qualifying Indian tribe to establish a special fund account, segregated from other tribal funds, to receive the monies transmitted to the tribe pursuant to this section.
2. Require the monies to be used primarily for the economic development and infrastructure development of the qualifying Indian tribe's own reservation in this state. The monies may be used for projects in conjunction with the tribe's own monies and monies from other state government, local government or private sources.
3. Provide for audits by the auditor general of the use of the monies. The auditor general shall submit copies of each audit to the joint legislative budget committee.
4. Provide for an annual submission by the qualifying Indian Tribe of its plans for economic development and infrastructure development, as approved by the designated tribal planning committee.
5. If necessary, provide for reimbursement to the department of revenue of costs associated with implementing this section, not to exceed one hundred fifty thousand dollars, from revenues that would otherwise be paid to the qualifying Indian tribe pursuant to this section.
6. Provide that unused monies will be retained by the qualifying Indian tribe for use in future economic development and infrastructure activities.
C. For the purposes of this section:
1. "Designated tribal planning committee" means a committee, appointed by a qualifying Indian tribe's principal policy-setting body, that annually determines projects and expenditures for the next year's economic development and infrastructure development activities.
2. "Economic development" means any project, assistance, undertaking, program or study, within or outside the boundaries of a reservation, including acquisition, improvement, leasing or conveyance of real or personal property or other activity, that a designated tribal planning committee determines will assist in creating or retaining jobs or will otherwise improve or enhance the economic welfare of the tribal members.
3. "Infrastructure development" means the development of roads, transportation, water and sewer facilities, communications, flood control, public safety and site improvements for business.
4. "Qualifying Indian tribe" means any organized Indian nation, tribe, band or community that is recognized as an Indian tribe by the United States department of the interior and that holds trust lands in this state.