Arizona-2010-HB2757-Introduced

Be it enacted by the Legislature of the State of Arizona:

Section 1. Title 28, chapter 16, article 1, Arizona Revised Statutes, is amended by adding section 28-5606.01, to read:

START_STATUTE28-5606.01. Additional motor vehicle and use fuel taxes

A. In addition to the motor vehicle fuel tax imposed pursuant to section 28‑5606, a tax of six cents per gallon is imposed on motor vehicle fuel possessed, used or consumed in this state when the price of unleaded motor vehicle fuel in this state averages less than two dollars seventy‑five cents per gallon.

B. In addition to the use fuel tax imposed pursuant to section 28‑5606, a tax of six cents per gallon is imposed on use fuel used in the propulsion of a motor vehicle on a highway in this state when the price of use fuel in this state averages less than two dollars seventy-five cents per gallon.

C. The department of weights and measures shall establish by rule:

1. Information, standards and procedures for determining the average price of unleaded motor vehicle fuel and use fuel per gallon in this state.� The standards shall include using the Lundberg retail survey to determine when the two dollars seventy-five cents per gallon average for unleaded motor vehicle fuel or use fuel is met.

2. Procedures for stopping the collection of the tax and restarting the collection of the tax based on the average price of unleaded motor vehicle fuel and use fuel per gallon in this state.END_STATUTE

Sec. 2. Section 28-5808, Arizona Revised Statutes, is amended to read:

START_STATUTE28-5808. Vehicle license tax distribution

A. The director shall distribute monies collected by the director pursuant to section 28‑5801, except monies deposited in the state general fund, on the first and fifteenth calendar day of each month as follows:

1. On the first calendar day, the director shall deposit, pursuant to sections 35‑146 and 35‑147, all of the Arizona highway user revenue fund monies received from the first through the fifteenth calendar day of the preceding month in the Arizona highway user revenue fund, except that on the first calendar day the director shall deposit, pursuant to sections 35‑146 and 35‑147: ,

(a) In the parity compensation fund established by section 41‑1720, 1.51 per cent of the portion of vehicle license tax revenues that otherwise would be deposited in the state highway fund from the first through the fifteenth calendar day of the preceding month.

(b) In the state general fund, a dollar amount that is equivalent to the revenues received by this state during the first through the fifteenth calendar day of the preceding month from the motor vehicle fuel tax and the use fuel tax imposed by section 28‑5606.01.

2. On the fifteenth calendar day, the director shall deposit, pursuant to sections 35‑146 and 35‑147, all of the Arizona highway user revenue fund monies received from the sixteenth through the last day of the preceding month in the Arizona highway user revenue fund, except that on the fifteenth calendar day, the director shall deposit, pursuant to sections 35‑146 and 35‑147, in the parity compensation fund established by section 41‑1720, 1.51 per cent of the portion of vehicle license tax revenues that otherwise would be deposited in the state highway fund from the sixteenth through the last day of the preceding month and, in the state general fund, a dollar amount that is equivalent to the revenues received by this state from the sixteenth through the last day of the preceding month from the motor vehicle fuel tax and the use fuel tax imposed by section 28-5606.01.� On the fifteenth calendar day, the director shall distribute or deposit all other monies received during the entire preceding month as follows:

(a) The county general fund monies to the county general fund.

(b) The county transportation monies to the state treasurer to be apportioned among the counties for any purposes related to transportation, as determined by the board of supervisors, on the basis that the population of the unincorporated area of each county bears to the population of the unincorporated areas of all counties in this state.

(c) The incorporated cities and towns monies to the incorporated cities and towns of the county in proportion to the population of each.

3. The deposit of the monies in the parity compensation fund pursuant to paragraphs 1 and 2 of this subsection shall not impact the distribution of vehicle license tax revenues to the state general fund and to cities, towns and counties pursuant to this section.

B. The director shall distribute monies collected by the director pursuant to sections 28‑5804, 28‑5805, 28‑5806 and 28‑5810, except monies deposited in the state general fund, on the first and fifteenth calendar day of each month as follows:

1. On the first calendar day, the director shall deposit, pursuant to sections 35‑146 and 35‑147, 37.61 per cent of all monies received from the first through the fifteenth calendar day of the preceding month in the highway user revenue fund.

2. On the fifteenth calendar day, the director shall deposit, pursuant to sections 35‑146 and 35‑147, 37.61 per cent of all monies received from the sixteenth through the last day of the preceding month in the highway user revenue fund and distribute or deposit the following amounts as a percentage of all monies received pursuant to sections 28‑5804, 28‑5805, 28‑5806 and 28‑5810 during the entire preceding month as follows:

(a) 20.45 per cent to the county general fund.

(b) 4.91 per cent to the state treasurer to be apportioned among the counties for any purposes related to transportation, as determined by the board of supervisors, on the basis that the population of the unincorporated area of each county bears to the population of the unincorporated areas of all counties in this state.

(d) Except as provided in subsection C of this section, 1.64 per cent shall be deposited, pursuant to sections 35‑146 and 35‑147, in the state highway fund established by section 28‑6991.

(e) 4.09 per cent in the state highway fund established by section 28‑6991.

(f) 10.85 per cent shall be deposited, pursuant to sections 35‑146 and 35‑147, in the state general fund to aid school financial assistance.

C. Through September 30, 2003, if the department's authorized share of federal surface transportation program monies in each year is more than forty‑two million dollars, the director shall deposit each year in equal installments during the year an annual amount equal to the difference between this state's authorized share of federal surface transportation program monies and forty‑two million dollars from the amount prescribed in subsection B, paragraph 2, subdivision (d) of this section in the local transportation assistance fund established by section 28‑8101.� Monies deposited in the local transportation assistance fund pursuant to this subsection shall be distributed to eligible cities, towns and counties as provided in section 28‑8103.� The amount distributed pursuant to this subsection shall not exceed the amount prescribed in subsection B, paragraph 2, subdivision (d) of this section.

D. For purposes of this section the population of a county, city or town shall be determined as provided by section 28‑6532 or 42‑5033.01.� If an incorporated city or town has had no federal enumeration of population, the supervisors shall both:

1. Appoint a qualified person to take an accurate census of the incorporated city or town.

2. Certify the results to the county treasurer, and the incorporated city or town shall share in the distribution as provided by this section. END_STATUTE

Sec. 3. Requirements for enactment; two-thirds vote

Pursuant to article IX, section 22, Constitution of Arizona, this act is effective only on the affirmative vote of at least two-thirds of the members of each house of the legislature and is effective immediately on the signature of the governor or, if the governor vetoes this act, on the subsequent affirmative vote of at least three-fourths of the members of each house of the legislature.