State SealARIZONA HOUSE OF REPRESENTATIVES


 

HB 2162: disability parking spaces

PRIME SPONSOR: Representative Campbell, LD 1

BILL STATUS: Senate Engrossed

            Senate 3rd Read: 17-12-1

Legend:
BOS – County Board of Supervisors
DOR – Arizona Department of Revenue 
TPT – Transaction Privilege Tax 
Amendments – BOLD and Stricken (Committee)

Abstract

☐ Prop 105 (45 votes)	     ☐ Prop 108 (40 votes)      ☐ Emergency (40 votes)	☐ Fiscal NoteRelating to a county excise tax for transportation.

Provisions

Counties with a population less than 400,000 (Sec. 2)

1.       Allows a county BOS, on a majority vote, to submit a transportation plan and supplemental excise tax to the county voters for approval.

2.       Requires the transportation plan and excise tax to be presented as one issue on the ballot for approval or disapproval of the tax and to be held on a regularly-scheduled, countywide general election.

3.       Instructs the county to levy and DOR to collect the new excise tax, upon voter approval.

4.       Requires the tax be levied beginning January 1 or July 1, whichever date occurs first 60 days after election.

5.       Requires the new excise tax to be levied on the same tax base that applies to an excise tax in that county.

6.       Restricts the total county transportation excise tax to 20% of the 1990 state TPT rate for businesses, 20% of the jet fuel tax rate or the utilities TPT rate for the use or consumption of retail electricity or natural gas.

7.       Requires the BOS, on the initial submission of the proposal, to set a termination date for the tax within 20 years.

8.       Instructs the county to deposit the net revenues collected in a special county transportation fund used exclusively for the costs related to the transportation plan.

9.       Requires the transportation plan to be developed in collaboration with existing state, regional and local transportation authorities and planning agencies and specify the allocation of collected revenues.

10.   Allows the transportation plan to include multimodal transportation systems and improvements and coordinate with authorities and agencies in neighboring counties.

Regional Planning Agency in Counties with a population of 1.2 million or more persons

11.   Allows the BOS, at the written request of the county's regional planning agency, to conduct a countywide election to approve the renewal and extension of the county's excise tax. (Sec. 2-3)

12.   Requires the issue on the ballot be presented as a single question for approval or disapproval. (Sec. 2)

13.   Requires the election be held on a regularly scheduled countywide general election day.  (Sec. 2)

14.   Mandates the tax be levied and collected at the same rate as current excise tax for a 20-year term beginning January 1, 2026. (Sec. 2)

15.   Allocates the revenues collected to fund the regional transportation plan and to be deposited into the Regional Area Road Fund and the Public Transportation Fund. (Sec. 2)

16.   Stipulates the monies deposited into the Regional Area Road Fund be used for freeways, major arterial street and intersection improvements including capital expenses, maintenance and implementation studies.  (Sec. 2)

17.   Stipulates the monies deposited into the Public Transportation Fund be used for capital costs, maintenance and operation of public transportation systems.

a.       Limits the amount of net revenues collected to be used on light rail to 14.8% in any fiscal year. (Sec. 2)

18.   Requires the Regional Planning Agency Transportation Policy Committee to conduct a formal evaluation every five years, beginning in 2025, to recommend modifications to the Regional Transportation Plan. 

a.       Requires the evaluation to include the public, governing bodies of member agencies and the regional planning agency. (Sec. 1)

19.   Removes the July 1, 2024, sunset date of the Regional Planning Agency Transportation Policy Committee. (Sec. 1)

Regional Transportation Authority in county with a population of 400,000 – 1.2 million

20.   Allows the BOS, at the written request of the regional transportation authority, to submit a renewal and extension of a transportation excise tax to the voters. (Sec. 2, 4)

21.   Requires the issue on the ballot to be presented as a single question for approval or disapproval. (Sec. 2)

22.   Specifies the renewed or extended transportation excise tax begins January 1 or July 1, whichever date occurs first 60 days after the election. (Sec. 2)

23.   Restricts the tax rate together with any current excise or road tax to 20% of the 1990 TPT rate for businesses, or the jet fuel tax rate and at the utilities TPT rate for the use of consumption of retail electricity or natural gas. (Sec. 2)

24.   Deposits the net revenues collected into the Regional Transportation Fund to carry out the regional transportation plan.  (Sec. 2)

25.   Stipulates that any existing road tax and adopted plan remain intact regardless of the outcome of the ballot measure proposing the renewal of a transportation excise tax.  (Sec. 2)

Miscellaneous

26.   Requires any county with a county transportation excise tax to submit an annual report on or before January 1 of each year to the Legislature and provide a copy to the Secretary of State. (Sec. 2)

27.   Require the annual report to include:

a.       The original levy date and the expiration date of the tax;

b.       The amount of collected revenues from the duration of the tax and the amount of projected revenues through the expiration of the tax;

c.        A list of construction projects in process or completed under the Regional Transportation Plan; and

d.       A list of the percentage of revenues spent on freeway and highway road projects, transit and arterial streets and intersections. (Sec. 2)

28.   Restricts collected revenues to transportation purposes outlined in the Arizona Constitution and exempts specified monies from county expenditure limitations. (Sec. 2)

29.   Makes technical and conforming changes. (Sec. 1, 3-4)

Current Law

A county my hold a countywide election to approve the levying and collection of a county transportation excise tax.  The taxes collected are distributed based on the population of the county and the transportation authority organized in each county.  The county transportation excise tax rate is limited to 10% of the state TPT rate (A.R.S. §§ 42-6105, 42-6106, 42-6107). A regional public transportation authority is established in statute for a county that has a population of 1.2 million persons or more and that approves a transportation excise tax (A.R.S. § 48-5102).

 

 

 

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Fifty-third Legislature                  HB 2162

Second Regular Session                               Version 1: Senate Engrossed

 

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