Assigned to FICO AS PASSED BY ADD COW
ARIZONA STATE SENATE
Fifty-Sixth Legislature, Second Regular Session
REVISED
AMENDED
FACT SHEET FOR S.C.R. 1006
property tax; refund; nuisance enforcement
Purpose
Subject to voter approval, statutorily allows, from TY 2025 through TY 2035, a property
owner to annually apply for a refund of mitigation expenses if the city, town or county in which
the property owner's property is located fails to abate a public nuisance or enforce outlined
ordinances that affect the property owner's real property as specified. Caps the refund at the amount
the property owner paid for the tax year in primary property taxes to the affected city, town or
county. Requires the State Treasurer to withhold aggregate refund amounts from affected city,
town or county distribution base monies.
Background
All property in Arizona is subject to taxation with certain exemptions. Arizona has two
distinct types of property taxes, primary and secondary. Primary property taxes are levied to pay for
the maintenance and operation of a taxing jurisdiction. Primary property tax rates are determined
and collected by each individual taxing jurisdiction (Ariz. Const. art. 9 § 2 and A.R.S. § 42-17151).
The Arizona Department of Revenue (ADOR) is responsible for providing an integrated,
coordinated and uniform system of tax administration and revenue collection for the state,
including a coordinated electronic method of collecting state and municipal transaction privilege
and affiliated excise taxes. ADOR transmits transaction privilege tax (TPT) revenues to the State
Treasurer, separately accounting for certain categories with dedicated uses. A portion of TPT and
severance taxes is referred to as the distribution base and is designated for distribution to cities,
towns, counties and other purposes specified in statute. Statute directs ADOR to monthly allocate
monies in the distribution base and requires 25 percent to be paid to cities and towns in proportion
to population and 40.51 percent to be paid to counties according to a prescribed formula. After the
distribution base is distributed to cities, towns, counties and other purposes, ADOR credits
remaining distribution base monies to the state General Fund (A.R.S. §§ 42-1004 and 42-5029).
The fiscal impact to the state General Fund is unknown at this time.
Provisions
1. Allows, beginning TY 2025 through TY 2035, a property owner to annually apply for a refund
of mitigation expenses if the city, town, or county in which the property owner's real property
is located maintains a public nuisance or adopts and follows a policy, pattern or practice of
declining to enforce laws, ordinances or legislation that prohibit illegal camping, obstructing
public thoroughfares, loitering, panhandling, public urination or defecation, public alcohol
consumption or possession or use of illegal substances and the property owner incurs
documented expenses to mitigate the effects of the policy, pattern or practice or the public
nuisance on the property. FACT SHEET – Amended/Revised
S.C.R. 1006
Page 2
2. Sets the amount of a property owner's refund at the amount of the documented expenses
incurred by the property owner that were reasonably necessary to mitigate the effects of the
policy, pattern or practice or the public nuisance.
3. Caps the refund amount at the amount a property owner paid for the prior tax year in primary
property taxes for the tax year to the affected city, town or county.
4. Specifies that a property owner whose property is located in the corporate boundaries of a city
or town is eligible for a refund only from that city or town and a property owner whose property
is located in an unincorporated area is eligible to apply for a refund from the county.
5. Requires ADOR, if a property owner's total accepted refund amount exceeds the amount the
property owner paid for the prior tax year in primary property taxes to the affected city, town
or county for the tax year, to issue the refund for that tax year in an amount equal to the amount
of primary property tax paid for the prior tax year to the affected city, town or county by the
property owner and requires the property owner to apply to ADOR for the remaining portion
of the refund in the following tax year and successive tax years as needed.
6. Requires ADOR to notify the affected city, town or county within 15 days after receiving a
refund application.
7. Requires a city, town or county, within 30 days after receiving ADOR's notice, to accept or
reject the refund and notify ADOR of its determination and directs ADOR to:
a) pay the refund to the property owner if the affected city, town or county accepts the refund;
or
b) refrain from paying the refund to the property owner if the affected city, town or county
rejects the refund.
8. Deems the refund accepted if an affected city, town or county does not respond to ADOR
within 30 days and directs ADOR to pay the refund to the property owner.
9. Allows a property owner to challenge a refund rejection by filing a cause of action in the
superior court of the county in which the property is located.
10. Determines that the questions of whether a property owner is entitled to a refund and whether
the refund amount is reasonable are judicial questions.
11. Specifies that in a cause of action the affected city, town or county bears the burden of
demonstrating that its actions are lawful or that the refund amount is unreasonable.
12. Immunizes the property owner from liability of the city, town or county attorney fees or costs
and requires a prevailing property owner to be awarded reasonable attorney fees and costs.
13. Entitles a property owner to another refund in a subsequent tax year if a city's, town's or
county's policy, pattern, practice or public nuisance remains in place after the property owner's
initial refund application, unless:
a) the city, town or county and the owner enter into a knowing and voluntary settlement; or
b) the city, town or county ends the policy, pattern or practice or abates the public nuisance. FACT SHEET – Amended/Revised
S.C.R. 1006
Page 3
14. Requires the State Treasurer, on notice from ADOR, to:
a) withhold the respective aggregate refund amounts issued by ADOR from the distribution
of distribution base monies to the affected city, town or county; and
b) continue to withhold monies until the entire amount provided by ADOR has been withheld.
15. Requires the State Treasurer to credit withheld distribution base monies to ADOR as
reimbursement for issuing the refund.
16. Prohibits the State Treasurer from withholding any payments for debt service on bonds or other
long-term obligations of a city, town or county that were issued or incurred before the refund
was issued.
17. Stipulates that a property owner is not required to submit a claim as a prerequisite to demanding
or receiving just compensation in the form of a refund.
18. Requires the refund to be paid by ADOR in the same manner as the standard tax refund and
specifies that the refund is in lieu of any claim for monetary damages or any rights under the
Private Property Rights Protection Act.
19. Specifies that the remedy established by the refund is in addition to any other remedy provided
by Arizona laws, the Arizona Constitution or the U.S. Constitution and is not intended to
modify or replace any other remedy.
20. Specifies that the refund requirements do not apply to:
a) decisions by city, town or county authorities to exercise prosecutorial discretion not to
prosecute alleged offenders if the decisions are made on a case-by-case basis and the
justifications for each decision are published monthly by the city, town or county;
b) acts of executive clemency;
c) acts or omissions taken due to a declared state of emergency; and
d) acts or omissions mandated by federal law.
21. Directs ADOR to prescribe the procedure and form to administer the refund.
22. Defines terms.
23. Repeals the nuisance enforcement refund authorization on January 1, 2036.
24. Contains a statement of legislative intent.
25. Requires the Secretary of State to submit the proposition to the voters at the next general
election.
26. Becomes effective if approved by the voters and on proclamation of the Governor.
Amendments Adopted by Committee
1. Caps the refund amount at the amount a property owner paid in primary property taxes for the
tax year and outlines instructions for excess refund amounts.
2. Adds notification requirements for refund acceptance or rejection. FACT SHEET – Amended/Revised
S.C.R. 1006
Page 4
3. Allows a property owner to challenge a refund rejection by filing a cause of action.
4. Directs the State Treasurer to credit withheld distribution base monies to ADOR, rather than
the state General Fund.
5. Makes technical and conforming changes.
Amendments Adopted by Committee of the Whole
1. The committee amendment was withdrawn.
2. Clarifies that a property owner may apply for a refund in the amount of primary property taxes
paid for the prior tax year to a city, town or county, if outlined conditions occur.
3. Caps the refund amount at the amount a property owner paid for the prior tax year in primary
property taxes for the tax year to the affected city, town or county and outlines instructions for
excess refund amounts.
4. Adds timeline and notification requirements for refund acceptance or rejection.
5. Allows a property owner to challenge a refund rejection by filing a cause of action.
6. Specifies that the questions of whether the property owner is entitled to the refund and whether
the refund amount is reasonable are judicial questions.
7. Directs the State Treasurer to credit withheld distribution base monies to the Arizona
Department of Revenue, rather than the state General Fund.
8. Makes technical and conforming changes.
Amendments Adopted by Additional COW
1. Removes the option for a property owner to apply for a refund in an amount equal to the
reduction in a property's fair market value that results from a city's, town's or county's policy,
pattern, practice or a public nuisance and removes the definition of fair market value.
• Specifies that any expenses incurred by the property owner to mitigate the effects of a policy,
pattern, practice or a public nuisance must be documented.
2. Adds a statement of legislative intent.
3. Makes conforming changes.
Revisions
• Corrects the provisions to reflect that the refund is equal to the amount of documented expenses
incurred by the property owner to mitigate the public nuisance effects and the annual refund
amount cap limitation is based on primary property taxes paid for the prior tax year.
FACT SHEET – Amended/Revised
S.C.R. 1006
Page 5
Senate Action
FICO 1/22/24 DPA 4-3-1-0
Prepared by Senate Research
April 23, 2024
MG/AB/cs