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REFERENCE TITLE: municipal taxes and fees; notice |
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State of Arizona Senate Fifty-fifth Legislature Second Regular Session 2022
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SB 1409 |
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Introduced by Senator Gowan
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AN ACT
amending section 9-499.15, arizona revised statutes; relating to municipal taxes and fees.
(TEXT OF BILL BEGINS ON NEXT PAGE)
Be it enacted by the Legislature of the State of Arizona:
Section 1. Section 9-499.15, Arizona Revised Statutes, is amended to read:
9-499.15. Proposed new or increased municipal taxes and fees; notification; exceptions
A. A municipality may not levy or assess any new taxes or fees or increase existing taxes or fees pursuant to statute on a business without complying with this section.
B. A municipality that proposes to levy or assess a tax or fee shall:
1. Prepare a schedule of the proposed new or increased tax or fee that includes the amount of the tax or fee and a written report or data that supports the new or increased tax or fee. A copy of the report or data shall be filed in the office of the clerk of the municipality.
2. If the imposition of the proposed tax or fee is a new charge, provide written notice of the proposed charge, the schedule of the proposed new charge and the written report or data that supports the new charge on the home page of the municipality's website at least sixty days before the date the proposed new tax or fee is approved or disapproved by the governing body of the municipality.
3. If the municipality proposes to increase the rate of an existing tax or fee on a business, provide written notice of the proposed increase, the schedule of the proposed increased tax or fee and the written report or data that supports the proposed increased tax or fee on the home page of the municipality's website at least sixty days before the date the proposed new rate is approved or disapproved by the governing body of the municipality.
4. Prepare a notice of intent to establish or increase taxes, assessments or fees including assessments levied pursuant to section 48-572, subsection B, paragraph 1 2. The notice of intent shall include the date, time and place of the meeting of the governing body of the municipality in which the proposed new or increased tax or fee will be considered and a statement that a schedule of the proposed new or increased tax or fee that includes the amount of the tax or fee and a written report or data that supports the new or increased tax or fee is available on the municipality's website. The notice of intent shall be prominently posted on the municipality's website at least fifteen days before the date the proposed new or increased tax or fee will be approved or disapproved by the governing body of the municipality. If the municipality uses social media or other electronic communication tools, the notice of intent shall be distributed through the municipality's social media accounts or other electronic communication tools.
C. All departments, boards or other subdivisions of a municipality that are authorized to establish or modify taxes or fees shall follow the notice requirements prescribed in subsection B of this section before the date of the entity's consideration of the new or increased tax or fee.
D. Technological issues that either prevent the posting of the notice on the municipality's website or distribution of the notice through social media or other electronic communication tools does do not preclude the governing body of the municipality from approving or disapproving the new or increased tax or fee at the meeting provided on the notice of intent.
E. A municipality shall demonstrate that the taxes or fees are imposed pursuant to statute.
F. Subsections A and B of this section do not apply to:
1. Any fee adopted pursuant to section 9-463.05.
2. Water and wastewater rates or rate components.
3. Fees for registration-based classes, programs or activities provided by the municipality.
4. Court fees established pursuant to state law.
5. Fees or charges established pursuant to federal law for public housing or other federally funded programs.
6. Other fees whose amounts are set by state or federal law.
G. If information is made available relating to the fees provided in subsection F of this section, that information shall be posted on the municipality's website and, if the municipality uses social media or other electronic communication tools, distributed through social media or other electronic communication tools.
H. In addition to any other limitation that may be imposed by law, a municipality shall not levy or impose an assessment, fee or tax on hospital revenues, discharges, beds or services for the purpose of receiving services or payments pursuant to title 36, chapter 29.