Bill Text: AZ HB2483 | 2016 | Fifty-second Legislature 2nd Regular | Chaptered


Bill Title: Municipal population estimates; use

Spectrum: Moderate Partisan Bill (Republican 16-3)

Status: (Passed) 2016-05-17 - Chapter 258 E [HB2483 Detail]

Download: Arizona-2016-HB2483-Chaptered.html

 

 

House Engrossed

 

 

 

State of Arizona

House of Representatives

Fifty-second Legislature

Second Regular Session

2016

 

 

 

CHAPTER 258

 

HOUSE BILL 2483

 

 

AN ACT

 

Amending sections 28-6532, 42-5033 and 42-5033.01, Arizona Revised Statutes; relating to municipal population estimates.

 

 

(TEXT OF BILL BEGINS ON NEXT PAGE)

 


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

Section 1.  Section 28-6532, Arizona Revised Statutes, is amended to read:

START_STATUTE28-6532.  Population determination; decennial or special census; population estimates

A.  Except as provided by section 42‑5033.01, the population as shown by the decennial census as certified by the United States bureau of the census shall be used as the basis for the apportionment of monies pursuant to this article on July 1 in the year after the decennial census.

B.  During the fifth year after the decennial census, a county, city or town may request the United States bureau of the census to take a special census of the population of the county, city or town.  The results of the special census shall be certified to the state treasurer and shall be used on July 1 in the year after the special census as the basis for the apportionment of monies pursuant to this article, except that a city or town may elect to use either the results of the special census or the most recent population estimates from the United States bureau of the census as provided under section 42‑5033.01A city or town may use the results of the special census for only one year, and beginning on July 1 in the second year after the special census, the city or town shall use the most recent population estimates from the United States bureau of the census as provided under section 42-5033.01 as the basis for the apportionment of monies pursuant to this article.

C.  Notwithstanding any other law, a city or town that is initially incorporated after the decennial census or July 1 of the fifth year after the decennial census and that has caused a special census of the population within the city or town limits to be taken by the United States bureau of the census may cause the result of the special census to be certified to the state treasurer.  Beginning on July 1 after the completion of the special census, the results of the special census shall or the most recent population estimates from the United States bureau of the census may be used as the basis of the apportionment of monies pursuant to this article in determining the amount payable to the city or town until the next United States decennial census or special census as provided in subsection B of this sectionA city or town may use the results of the special census for only one year, and beginning on July 1 in the second year after the special census, the city or town shall use the most recent population estimates from the United States bureau of the census as provided under section 42-5033.01 as the basis for the apportionment of monies pursuant to this article.

D.  A county may request and utilize a special census for the purposes of subsection B of this section even if one or more incorporated cities or towns in the county do not request a special census.  The county special census shall include only those persons residing in unincorporated areas of the county. END_STATUTE

Sec. 2.  Section 42-5033, Arizona Revised Statutes, is amended to read:

START_STATUTE42-5033.  Special census

A.  During the fifth year following the decennial census, a county, city or town may cause to be taken by the United States bureau of the census a special census of the population of the county, city or town.  The results of the special census may be certified by the director.  Beginning July 1 in the sixth year following the decennial census, the special census plus any revisions to the special census certified by the United States bureau of the census shall be used as the basis of apportionment of the taxes under section 42‑5029, subsection D until the next federal decennial census, except that a city or town may elect to use either the results of the special census or the most recent population estimates from the United States bureau of the census as provided under section 42‑5033.01A city or town may use the results of the special census for only one year, and beginning on July 1 in the second year after the special census, the city or town shall use the most recent population estimates from the United States bureau of the census as provided under section 42-5033.01 as the basis for the apportionment of monies pursuant to this article.

B.  Notwithstanding any of the provisions of section 42‑5029, any municipality which that is initially incorporated subsequent to the decennial census or July 1 of the fifth year thereafter and which that has caused a special census of the population within the municipal limits to be taken by the United States census bureau may cause the result of such special census to be certified to the director.  Commencing on July 1 following the completion of such a special census, it shall be used the city or town may use the results of the special census or the most recent population estimates from the United States bureau of the census as the basis of apportionment of the taxes collected under this article in determining the amount payable to such that municipality until the next federal decennial census or special census as provided under section 28‑6532.  The city or town may use the results of the special census for only one year, and beginning on July 1 in the second year after the special census, the city or town shall use the most recent population estimates from the United States bureau of the census as provided under section 42‑5033.01 as the basis for the apportionment of monies pursuant to this article. END_STATUTE

Sec. 3.  Section 42-5033.01, Arizona Revised Statutes, is amended to read:

START_STATUTE42-5033.01.  Use of population estimates for state shared revenues

A.  In lieu of conducting a special census as provided by sections 28‑6532 and 42‑5033, before May 1, 2006:

1.  before May 1 of the sixth year following a federal decennial census, a city, town or county may submit to the director of the department of revenue, the director of the department of transportation and the state treasurer its July 2005 the county's population estimate as of the fifth year following the last decennial census as approved by the director of the department of economic security office of employment and population statistics.  On submittal, that population, plus any revisions due to annexations certified by the United States bureau of the census, shall be used for distribution of state shared tax revenues pursuant to sections 28‑5808, 28‑6540, 42‑5029 and 43‑206 to the city, town or county beginning July 1, 2006 of the sixth year following the last decennial census through June 30, 2011 of the year following the next decennial census.

2.  before May 1 of the sixth year following a federal decennial census, a city, town or county may contract with the United States bureau of the census to conduct a sample survey that results in a 2005 mid-decade resident population and submit the results of that survey to the director of the department of revenue, the director of the department of transportation and the state treasurer.  The survey shall also report total resident population in housing units, total resident population in group quarters, total housing units and total occupied housing units for the city, town or county.  On submittal, that 2005 mid-decade resident population, plus any revisions due to annexations certified by the United States bureau of the census, shall be used as the base for the calculation of population estimates for 2006 through 2010 the sixth year following the decennial census until the next decennial census by the department of economic security office of employment and population statistics and for distribution of state shared tax revenues pursuant to sections 28‑5808, 28‑6540, 42‑5029 and 43‑206 to the city, town or county beginning July 1, 2006 through June 30, 2011.  Any city, town or in the sixth year following the decennial census through June 30 of the year following the next decennial census.  A county contracting for the survey may not exercise the option provided in paragraph 1 of this subsection.

3.  before May 1 of the sixth year following a federal decennial census, a city, town or county may request the director of the department of revenue, the director of the department of transportation and the state treasurer to continue to use the 2000 most recent United States decennial census through June 30, 2011 of the year following the next decennial census for distribution of state shared tax revenues pursuant to sections 28‑5808, 28‑6540, 42‑5029 and 43‑206.

4.  The most recent population estimates of the United States bureau of the census shall be used annually for distribution of state shared tax revenues pursuant to sections 28-5808, 28-6540, 42-5029 and 43-206 to cities and towns beginning on July 1 in the second year following the decennial census through June 30 of the year following the next decennial census.

B.  No later than July 31, 2006, the joint legislative budget committee shall prepare a report on the use of population estimates pursuant to this section and shall include a comparison of:

1.  The population estimate data produced by the department of economic security for purposes of this section with any available census data.

2.  State shared revenue amounts distributed to cities, towns and counties using the special census or sample survey population data with amounts that would have been distributed using the population estimate data produced by the department of economic security for the purposes of this section. END_STATUTE

Sec. 4.  Emergency

This act is an emergency measure that is necessary to preserve the public peace, health or safety and is operative immediately as provided by law.


 

 

 

 

APPROVED BY THE GOVERNOR MAY 17, 2016.

 

FILED IN THE OFFICE OF THE SECRETARY OF STATE MAY 17, 2016.

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