Assigned to PS FOR COMMITTEE ARIZONA STATE SENATE Fifty-Seventh Legislature, First Regular Session REVISED FACT SHEET FOR S.B. 1144 jail facilities; excise tax; extension Purpose Authorizes a county that levies a jail facilities excise tax by resolution adopted before the expiration of the tax (Maricopa County) to extend the tax for up to 20 years, if approved by qualified voters before January 1, 2028. Background In 1998, the Legislature authorized Maricopa County to levy a jail facilities excise tax at a rate of no more than four percent of the state transaction privilege tax (one-fifth cent jail tax) for up to nine years or until $900 million is collected, whichever occurs first, subject to the approval of the voters. Maricopa County voters approved the one-fifth cent jail tax for the construction and operation of medium and maximum security jail facilities and juvenile detention facilities (A.R.S. § 42-6109). In 2002, the Legislature authorized Maricopa County to extend the jail tax, upon resolution and voter approval, for up to 20 years after the expiration of the initial tax that: 1) reauthorizes eligible uses for jail tax collections and includes the renovation of adult and juvenile jail facilities and implementation of other programs designed to reduce the expense of adult and juvenile jail facilities; and 2) requires Maricopa County to maintain its support of jail facilities as prescribed (A.R.S. § 42-6109.01). In 2007, Maricopa County approved an extension of the jail tax which is set to expire in 2027. The jail tax has generated approximately $3.6 billion in revenue from FY 1999 to FY 2024 (Maricopa County). There is no anticipated fiscal impact to the state General Fund associated with this legislation. The Joint Legislative Budget Committee estimates that S.B. 1144 would retain $323.9 million of Maricopa County revenues in FY 2028 if the voters approve the extension at the current rate; however, Maricopa County revenues would decline by the same amount if the one-fifth cent jail tax expires in 2027 (JLBC fiscal note). Provisions 1. Allows the Maricopa County Board of Supervisors (BOS) to call for a countywide general election to authorize the levy of a jail tax by resolution adopted before the expiration of that tax in addition to all other taxes. 2. Requires, if approved by the qualified voters, the Maricopa County BOS to levy and the Arizona Department of Revenue to collect a jail tax at a rate of up to one-fifth of a cent. FACT SHEET – Revised S.B. 1144 Page 2 3. Allows the Maricopa County BOS to decrease the rate of the jail tax during the term of the tax by resolution. 4. Requires the resolution to: a) include a statement of the jail taxes collected due to the extension and an accounting of the budgeting of those revenues by Maricopa County; b) include a projection of the amount of taxes anticipated to be collected annually if the jail tax levy is approved in the countywide general election; c) identify the projects, programs and categories for which expenditures are contemplated and the estimated amount of jail taxes to be expended for each; and d) be printed in the ballot proposition publicity pamphlet that will be mailed to every household with a registered voter. 5. Requires the jail tax to: a) be levied beginning in the month following the expiration of the previous jail tax; and b) not continue for more than 20 years after the date the tax collection begins. 6. Requires the State Treasurer, at the end of each month, to transmit the net revenues of the jail tax to the Maricopa County Treasurer. 7. Stipulates that the Maricopa County Treasurer may only disburse jail tax revenues to: a) finance construction or renovation of adult and juvenile jail facilities; b) maintain and operate adult and juvenile jail facilities; and c) fund and implement other programs designed to reduce the expense of adult and juvenile facilities. 8. Requires Maricopa County to maintain its support of adult and juvenile jail facilities. 9. Requires Maricopa County: a) in the first fiscal year the jail tax is levied, to pay an amount equal to the amount paid under the jail tax in the preceding fiscal year, adjusted by the percentage change in the GDP price deflator from the preceding fiscal year; and b) in each fiscal year the tax is imposed, to pay an amount equal to the amount paid in the preceding fiscal year, adjusted by the percentage change in the GDP price deflator from the preceding fiscal year. 10. Directs the Maricopa County Treasurer to pay that amount, without further authorization, in 12 equal monthly installments from the Maricopa County General Fund for authorized uses. 11. Defines jail facility as a jail or other place of detention of persons who are: a) charged with or convicted of a crime; or b) subject to the jurisdiction of the juvenile court, including related support facilities. 12. Defines GDP price deflator as the average of the four implicit price deflators for the gross domestic product reported by the U.S. Department of Commerce for the four quarters of the calendar year. 13. Repeals the jail tax extension authority on January 1, 2028, if the tax has not been approved by the voters. FACT SHEET – Revised S.B. 1144 Page 3 14. Makes conforming changes. 15. Becomes effective on the general effective date. Revisions • Updates the fiscal impact statement. Prepared by Senate Research March 11, 2025 KJA/slp