Arizona 2025 Regular Session

Arizona House Bill HB2566 Compare Versions

Only one version of the bill is available at this time.

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1	1	REFERENCE TITLE: transportation excise tax; election authority State of Arizona House of Representatives Fifty-seventh Legislature First Regular Session 2025 HB 2566 Introduced by Representatives Contreras P: Blattman, Liguori, Peshlakai, Simacek AN ACT amending sections 16-193 and 42-6105.01, Arizona Revised Statutes; relating to county excise taxes. (TEXT OF BILL BEGINS ON NEXT PAGE)
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9	9	REFERENCE TITLE: transportation excise tax; election authority
10	10	State of Arizona House of Representatives Fifty-seventh Legislature First Regular Session 2025
11	11	HB 2566
12	12	Introduced by Representatives Contreras P: Blattman, Liguori, Peshlakai, Simacek
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14	14	REFERENCE TITLE: transportation excise tax; election authority
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24	24	State of Arizona
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40	40	HB 2566
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44	44	Introduced by
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46	46	Representatives Contreras P: Blattman, Liguori, Peshlakai, Simacek
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64	64	AN ACT
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68	68	amending sections 16-193 and 42-6105.01, Arizona Revised Statutes; relating to county excise taxes.
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74	74	(TEXT OF BILL BEGINS ON NEXT PAGE)
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78	78	Be it enacted by the Legislature of the State of Arizona: Section 1. Section 16-193, Arizona Revised Statutes, is amended to read: START_STATUTE16-193. Active registered voters; applicability The terms "registered voters", "persons who are registered to vote", "registered electors" and "voters registered" as used in the following sections include only active registered voters for purposes of the following: 1. Calculating petition signature requirements pursuant to sections 11-133, 16-322, 16-341, 45-415, 45-433, 48-4433 and 48-4832. 2. Mailing and distributing election-related notices, pamphlets or ballots pursuant to sections 11-137, 15-905.01, 16-245, 16-412, 16-461, 16-510, 19-123, 19-141, 35-454, 41-563.02, 42-6105.01, 42-6109.01, 42-17057, 42-17107, 48-620, 48-4021, 48-4236, 48-5314, 48-6432 and 48-6433. 3. Furnishing ballots pursuant to sections 16-508 and 48-685. 4. Determining qualification for political parties' continued representation on the ballot pursuant to sections 16-244 and 16-804. 5. Choosing political party officers pursuant to sections 16-821 and 16-823. END_STATUTE Sec. 2. Section 42-6105.01, Arizona Revised Statutes, is amended to read: START_STATUTE42-6105.01. County transportation excise tax; counties with population of three million or more persons; election of tax extension; prohibited use of taxes A. If approved by the qualified electors voting at a countywide election, from and after December 31, 2025, a county with a population of three million or more persons shall levy and the department shall collect a tax as provided by this section, in addition to all other taxes. B. The tax shall be levied and collected: 1. At a rate of not more than ten percent of the transaction privilege tax rate prescribed by section 42-5010, subsection A that applies, as of January 1, 1990, to each person engaging or continuing in the county in a business taxed under chapter 5, article 1 of this title. 2. At a rate of not more than ten percent of the rate prescribed by section 42-5352, subsection A. 3. On the use or consumption of electricity or natural gas by retail electric or natural gas customers in the county who are subject to use tax under section 42-5155, at a rate equal to the transaction privilege tax rate under paragraph 1 of this subsection that applies to persons engaging or continuing in the county in the utilities transaction privilege tax classification. C. The tax levied under this section shall be in effect for a term of twenty years, unless before the expiration of that period of time, a majority of the qualified electors voting on the issue at a countywide general or special election approves an extension of the term of the tax. An election and extension of the term of the tax under this subsection are subject to the following conditions and procedures: 1. The county and the municipalities in the county, through the regional planning agency, shall adopt a definite or indefinite term for the extension as part of the plan as defined in section 28-6351. 2. In addition to any other requirements prescribed by law, the county board of supervisors shall prepare and print a publicity pamphlet concerning the ballot question and mail one copy of the pamphlet to each household containing a registered voter in the county. The mailings may be made over a period of days but shall be mailed for delivery before the earliest date registered voters may receive early ballots for the election. The publicity pamphlet shall contain: (a) A summary of the principal provisions of the issue presented to the voters, including the rate of the transportation excise tax, the number of years the tax will be in effect and the projected annual and cumulative amount of revenues to be raised. (b) A statement describing the purposes for which the transportation excise tax monies may be spent as provided by law. (c) The form of the ballot. 3. Except as otherwise provided by this section, the election under this section shall be conducted as nearly as practicable in the manner prescribed for general elections in title 16. The county election officer shall account for costs incurred with respect to the ballot issue under this section. notwithstanding any other law, the state treasurer shall pay the costs incurred pursuant to this subsection with respect to the ballot issue under this section from monies paid into the county's regional area road fund on submission of the bill by the county election officer. Costs incurred with respect to the ballot issue under this section include the following: (a) Costs of mailing, publishing, posting and printing ballots, publicity pamphlets, notices, election materials and other matters relating to the election. (b) Legal and other consulting fees and costs relating to the election. (c) Telecommunications costs. (d) Compensation of the election board, county election officers and employees and other labor costs incurred to administer, hold, canvass and announce the results of the election. (e) Any other costs relating to the election. 4. Except as provided in this section, the general laws relating to elections apply to the election prescribed by this section. D. The plan adopted under title 28, chapter 17, article 2 shall specify the distribution of monies collected under this section in the regional area road fund established pursuant to section 28-6302 or the public transportation fund established by section 48-5103. Except as provided in subsection E of this section, the plan shall distribute: 1. 40.5 percent to the regional area road fund for freeways and other routes in the state highway system, including capital expense and maintenance. 2. 22.5 percent to the regional area road fund for major arterial streets, intersection improvements and regional transportation infrastructure, including capital expense and implementation studies. 3. 37 percent to the public transportation fund for both: (a) Capital costs, maintenance and operation of public transportation mode classifications. (b) Capital rehabilitation costs associated with the light rail system. E. Tax revenues collected under this section may not: 1. Be used for any light rail, commuter rail, streetcar or trolley extension. 2. Be spent on any project that will result in a reduction in existing lane miles on a highway as defined in section 28-101 or a state highway as defined in section 28-101, unless all of the following apply: (a) Reconfiguration for operational efficiency is necessary as determined by a department-approved third-party engineering study or road safety assessment. (b) An opportunity for public input is provided. (c) The overall system capacity and transportation mobility will not be reduced. (d) The reduction will not increase vehicle congestion or travel times. 3. Be spent on a project that results in a reduction in existing lane miles on a street or highway as defined in section 28-601 28-101 or a roadway as defined in section 28-601 unless all the following apply: (a) A third-party engineering study demonstrates that the project will not materially increase vehicle congestion or travel times. (b) An opportunity for public input is provided. (c) The reduction is recommended for approval by an affirmative vote of the transportation policy committee. F. The distribution specified in subsection D, paragraphs 1 and 2 of this section may not be decreased. G. Monies collected pursuant to this section may not be used to influence the outcome of an election. H. Not more than 3.5 percent of the monies that are distributed pursuant to subsection D, paragraph 3 of this section may be used for light rail capital rehabilitation. I. Not more than five percent of the revenues collected under this section may be used for regional transportation infrastructure. END_STATUTE
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80	80	Be it enacted by the Legislature of the State of Arizona:
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82	82	Section 1. Section 16-193, Arizona Revised Statutes, is amended to read:
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84	84	START_STATUTE16-193. Active registered voters; applicability
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86	86	The terms "registered voters", "persons who are registered to vote", "registered electors" and "voters registered" as used in the following sections include only active registered voters for purposes of the following:
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88	88	1. Calculating petition signature requirements pursuant to sections 11-133, 16-322, 16-341, 45-415, 45-433, 48-4433 and 48-4832.
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90	90	2. Mailing and distributing election-related notices, pamphlets or ballots pursuant to sections 11-137, 15-905.01, 16-245, 16-412, 16-461, 16-510, 19-123, 19-141, 35-454, 41-563.02, 42-6105.01, 42-6109.01, 42-17057, 42-17107, 48-620, 48-4021, 48-4236, 48-5314, 48-6432 and 48-6433.
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92	92	3. Furnishing ballots pursuant to sections 16-508 and 48-685.
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94	94	4. Determining qualification for political parties' continued representation on the ballot pursuant to sections 16-244 and 16-804.
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96	96	5. Choosing political party officers pursuant to sections 16-821 and 16-823. END_STATUTE
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98	98	Sec. 2. Section 42-6105.01, Arizona Revised Statutes, is amended to read:
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100	100	START_STATUTE42-6105.01. County transportation excise tax; counties with population of three million or more persons; election of tax extension; prohibited use of taxes
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102	102	A. If approved by the qualified electors voting at a countywide election, from and after December 31, 2025, a county with a population of three million or more persons shall levy and the department shall collect a tax as provided by this section, in addition to all other taxes.
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104	104	B. The tax shall be levied and collected:
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106	106	1. At a rate of not more than ten percent of the transaction privilege tax rate prescribed by section 42-5010, subsection A that applies, as of January 1, 1990, to each person engaging or continuing in the county in a business taxed under chapter 5, article 1 of this title.
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108	108	2. At a rate of not more than ten percent of the rate prescribed by section 42-5352, subsection A.
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110	110	3. On the use or consumption of electricity or natural gas by retail electric or natural gas customers in the county who are subject to use tax under section 42-5155, at a rate equal to the transaction privilege tax rate under paragraph 1 of this subsection that applies to persons engaging or continuing in the county in the utilities transaction privilege tax classification.
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112	112	C. The tax levied under this section shall be in effect for a term of twenty years, unless before the expiration of that period of time, a majority of the qualified electors voting on the issue at a countywide general or special election approves an extension of the term of the tax. An election and extension of the term of the tax under this subsection are subject to the following conditions and procedures:
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114	114	1. The county and the municipalities in the county, through the regional planning agency, shall adopt a definite or indefinite term for the extension as part of the plan as defined in section 28-6351.
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116	116	2. In addition to any other requirements prescribed by law, the county board of supervisors shall prepare and print a publicity pamphlet concerning the ballot question and mail one copy of the pamphlet to each household containing a registered voter in the county. The mailings may be made over a period of days but shall be mailed for delivery before the earliest date registered voters may receive early ballots for the election. The publicity pamphlet shall contain:
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118	118	(a) A summary of the principal provisions of the issue presented to the voters, including the rate of the transportation excise tax, the number of years the tax will be in effect and the projected annual and cumulative amount of revenues to be raised.
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120	120	(b) A statement describing the purposes for which the transportation excise tax monies may be spent as provided by law.
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122	122	(c) The form of the ballot.
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124	124	3. Except as otherwise provided by this section, the election under this section shall be conducted as nearly as practicable in the manner prescribed for general elections in title 16. The county election officer shall account for costs incurred with respect to the ballot issue under this section. notwithstanding any other law, the state treasurer shall pay the costs incurred pursuant to this subsection with respect to the ballot issue under this section from monies paid into the county's regional area road fund on submission of the bill by the county election officer. Costs incurred with respect to the ballot issue under this section include the following:
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126	126	(a) Costs of mailing, publishing, posting and printing ballots, publicity pamphlets, notices, election materials and other matters relating to the election.
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128	128	(b) Legal and other consulting fees and costs relating to the election.
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130	130	(c) Telecommunications costs.
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132	132	(d) Compensation of the election board, county election officers and employees and other labor costs incurred to administer, hold, canvass and announce the results of the election.
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134	134	(e) Any other costs relating to the election.
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136	136	4. Except as provided in this section, the general laws relating to elections apply to the election prescribed by this section.
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138	138	D. The plan adopted under title 28, chapter 17, article 2 shall specify the distribution of monies collected under this section in the regional area road fund established pursuant to section 28-6302 or the public transportation fund established by section 48-5103. Except as provided in subsection E of this section, the plan shall distribute:
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140	140	1. 40.5 percent to the regional area road fund for freeways and other routes in the state highway system, including capital expense and maintenance.
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142	142	2. 22.5 percent to the regional area road fund for major arterial streets, intersection improvements and regional transportation infrastructure, including capital expense and implementation studies.
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144	144	3. 37 percent to the public transportation fund for both:
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146	146	(a) Capital costs, maintenance and operation of public transportation mode classifications.
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148	148	(b) Capital rehabilitation costs associated with the light rail system.
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150	150	E. Tax revenues collected under this section may not:
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152	152	1. Be used for any light rail, commuter rail, streetcar or trolley extension.
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154	154	2. Be spent on any project that will result in a reduction in existing lane miles on a highway as defined in section 28-101 or a state highway as defined in section 28-101, unless all of the following apply:
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156	156	(a) Reconfiguration for operational efficiency is necessary as determined by a department-approved third-party engineering study or road safety assessment.
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158	158	(b) An opportunity for public input is provided.
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160	160	(c) The overall system capacity and transportation mobility will not be reduced.
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162	162	(d) The reduction will not increase vehicle congestion or travel times.
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164	164	3. Be spent on a project that results in a reduction in existing lane miles on a street or highway as defined in section 28-601 28-101 or a roadway as defined in section 28-601 unless all the following apply:
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166	166	(a) A third-party engineering study demonstrates that the project will not materially increase vehicle congestion or travel times.
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168	168	(b) An opportunity for public input is provided.
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170	170	(c) The reduction is recommended for approval by an affirmative vote of the transportation policy committee.
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172	172	F. The distribution specified in subsection D, paragraphs 1 and 2 of this section may not be decreased.
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174	174	G. Monies collected pursuant to this section may not be used to influence the outcome of an election.
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176	176	H. Not more than 3.5 percent of the monies that are distributed pursuant to subsection D, paragraph 3 of this section may be used for light rail capital rehabilitation.
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178	178	I. Not more than five percent of the revenues collected under this section may be used for regional transportation infrastructure. END_STATUTE