Bill Amendment: AZ HB2617 | 2015 | Fifty-second Legislature 1st Regular

Arizona House Bill 2617 (Prior Session Legislation)

NOTE: For additional amemendments please see the Bill Drafting List

Bill Title: Counties; municipalities; budgets

Status: 2015-04-14 - Chapter 323 [HB2617 Detail]

Download: Arizona-2015-HB2617-SENATE_ADOPTED_AMENDMENT_Biggs_flr_amend_ref_FIN_adopted.html

Bill Number: H.B. 2617

Biggs Floor Amendment

Reference to: FIN amendment

Amendment drafted by: Carolyn Speroni

FLOOR AMENDMENT EXPLANATION

The FY 2016 Revenue BRB ordered counties to pay $10,105,741, and would not have required MAG and PAG to pay any assessment for the cost of Department of Revenue administration. The Biggs Floor Amendment requires MAG to pay $2,520,207 and PAG to pay $498,892, reducing the county total to $7,086,642. The city allocation remains the same.

For FY 2016,the Biggs Floor Amendment allows Yavapai, Mohave and Pinal counties to meet any county fiscal obligation from any source of county revenue, up to $1 million, including monies of any countywide special taxing jurisdiction in which the board of supervisors serves as the board of directors.

It also requires those counties to report to the director of JLBC if the county used an alternate revenue source.

Fifty-second Legislature Biggs

First Regular Session H.B. 2617

BIGGS FLOOR AMENDMENT

SENATE AMENDMENTS TO H.B. 2617

(Reference to FIN amendment)

Page 9, between lines 20 and 21, insert:

"Sec. 5. Section 42-5041, Arizona Revised Statutes, as added by Laws 2015, chapter 10, section 7, is amended to read:

START_STATUTE42-5041. Partial assessment of costs to local governments, councils and authorities

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 section 42‑5029 and or 43-206, to each council of governments that receives revenues pursuant to section 42‑6105 and to each regional transportation authority located in a county with a population of more than four hundred thousand persons that receives revenues 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 governments 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, from the distribution of monies to the affected council of governments pursuant to section 42‑6105 and from the distribution of monies to the affected regional transportation authority pursuant to 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 fees assessed pursuant to subsection 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 fees assessed pursuant to 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.END_STATUTE"

Renumber to conform

Page 10, between lines 24 and 25, insert:

"Sec. 7. Laws 2015, chapter 10, section 18 is amended to read:

Sec. 18. County fiscal obligations; report

A. Notwithstanding any other law, for fiscal year 2015-2016, a county with a population of less than two hundred thousand persons according to the 2010 United States decennial census may meet any county fiscal obligation from any source of county revenue designated by the county, including monies of any countywide special taxing jurisdiction in which the board of supervisors serves as the board of directors.

B. On or before October 1, 2015, all counties with a population of less than two hundred thousand persons according to the 2010 United States decennial census shall report to the director of the joint legislative budget committee whether if the county used a revenue source for purposes other than the purposes of the revenue source to meet a county fiscal obligation pursuant to subsection A of this section and, if so, the specific source and amount of revenues that the county intends to use in fiscal year 2015-2016.

C. Notwithstanding any other law, for fiscal year 2015-2016, a county with a population of more than two hundred thousand persons but less than nine hundred thousand persons according to the 2010 United States decennial census may meet any county fiscal obligation from any source of county revenue designated by the county, including monies of any countywide special taxing jurisdiction in which the board of supervisors serves as the board of directors. Under the authority provided in this subsection, a county may not use more than $1,000,000 for purposes other than the purposes of the revenue source.

D. On or before October 1, 2015, all counties with a population of more than two hundred thousand persons but less than nine hundred thousand persons according to the 2010 United States decennial census shall report to the director of the joint legislative budget committee if the county used a revenue source for purposes other than the purposes of the revenue source to meet a county fiscal obligation pursuant to subsection C of this section and, if so, the specific source and amount of revenues that the county intends to use in fiscal year 2015-2016.

Sec. 8. 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 for the fiscal year two years preceding two the current fiscal years year pursuant to title 42, chapter 6, article 3, Arizona Revised Statutes, and section sections 42-5029, 42-6103, 42-6107, 42-6108, 42-6108.01, 42-6109, 42-6109.01, 42-6110, 42-6111 and 42-6112, 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 of more than four hundred thousand persons in for the fiscal year two years preceding two the current fiscal years year pursuant to title 42, chapter 6, article 3, Arizona Revised Statutes, and sections 42‑5029, 42-6001, 42-6103, 42‑6105, 42‑6106, 42-6107, 42-6108, 42-6108.01, 42-6109, 42-6109.01, 42-6110, 42-6111, 42-6112 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 for the fiscal year two years preceding two the current fiscal years year pursuant to title 42, chapter 6, article 3, Arizona Revised Statutes, and section sections 42-5029, 42‑6001 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 of more than four hundred thousand persons in for the fiscal year two years preceding two the current fiscal years year pursuant to title 42, chapter 6, article 3, Arizona Revised Statutes, and sections 42-5029, 42-6001, 42-6103, 42‑6105, 42‑6106, 42-6107, 42-6108, 42-6108.01, 42-6109, 42-6109.01, 42-6110, 42-6111, 42-6112 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 for the fiscal year two years preceding the current fiscal year 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 of more than four hundred thousand persons for the fiscal year two years preceding the current fiscal year pursuant to sections 42-5029, 42-6001, 42-6103, 42-6105, 42-6106, 42‑6107, 42-6108, 42-6108.01, 42-6109, 42-6109.01, 42-6110, 42-6111, 42-6112 and 43-206, Arizona Revised Statutes.

5. The share of fees assessed to all regional transportation authorities located in a county with a population of more than 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 of more than four hundred thousand persons for the fiscal year two years preceding the current fiscal year 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 with a population of more than four hundred thousand persons for the fiscal year two years preceding the current fiscal year pursuant to sections 42-5029, 42‑6001, 42-6103, 42-6105, 42-6106, 42-6107, 42-6108, 42-6108.01, 42-6109, 42-6109.01, 42-6110, 42-6111, 42-6112 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 shared revenues pursuant to sections 42‑5029 and 43‑206, Arizona Revised Statutes."

Amend title to conform