Bill Text: AZ HB2635 | 2016 | Fifty-second Legislature 2nd Regular | Chaptered


Bill Title: Municipalities; taxes and fees; notification

Spectrum: Partisan Bill (Republican 1-0)

Status: (Passed) 2016-05-18 - Chapter 335 [HB2635 Detail]

Download: Arizona-2016-HB2635-Chaptered.html

 

 

 

Senate Engrossed House Bill

 

 

 

State of Arizona

House of Representatives

Fifty-second Legislature

Second Regular Session

2016

 

 

 

CHAPTER 335

 

HOUSE BILL 2635

 

 

AN ACT

 

Amending sections 9-499.15 and 48-572, Arizona Revised Statutes; relating to notification of municipal levies.

 

 

(TEXT OF BILL BEGINS ON NEXT PAGE)

 


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

Section 1.  Section 9-499.15, Arizona Revised Statutes, is amended to read:

START_STATUTE9-499.15.  Proposed new or increased municipal taxes and fees; notification; exceptions

A.  A municipality may not levy or assess any new taxes or fees or increase existing taxes or fees pursuant to statute on a business without complying with this section.

B.  A municipality that proposes to levy or assess a tax or fee shall:

1.  Prepare a schedule of the proposed new or increased tax or fee that includes the amount of the tax or fee and a written report or data that supports the new or increased tax or fee. A copy of the report or data shall be filed in the office of the clerk of the municipality.

1.  2.  If the imposition of the proposed tax or fee is a new charge, provide written notice of the proposed charge, the schedule of the proposed new charge and the written report or data that supports the new charge on the home page of the municipality's website at least sixty days before the date the proposed new tax or fee is approved or disapproved by the governing body of the municipality.

2.  3.  If the municipality proposes to increase the rate of an existing tax or fee on a business, provide written notice of the proposed increase, the schedule of the proposed increased tax or fee and the written report or data that supports the proposed increased tax or fee on the home page of the municipality's website at least sixty days before the date the proposed new rate is approved or disapproved by the governing body of the municipality.

4.  Prepare a notice of intent to establish or increase taxes, assessments or fees including assessments pursuant to section 48-572, subsection b, paragraph 1.  The notice of intent shall include the date, time and place of the meeting of the governing body of the municipality in which the proposed new or increased tax or fee will be considered and a statement that a schedule of the proposed new or increased tax or fee that includes the amount of the tax or fee and a written report or data that supports the new or increased tax or fee is available on the municipality's website.  The notice of intent shall be posted on the municipality's website at least fifteen days before the date the proposed new or increased tax or fee will be approved or disapproved by the governing body of the municipality.  If the municipality uses social media or other electronic communication tools, the notice of intent SHALL BE distributed through the municipality's social media accounts or other electronic communication tools.

C.  All departments, boards or other subdivisions of a municipality that are authorized to establish or modify taxes or fees shall follow the notice requirements prescribed in subsection B of this section before the date of the entity's consideration of the new or increased tax or fee.

d.  Technological issues that either prevent the posting of the notice on the municipality's website or distribution of the notice through social media or other electronic communication tools does not preclude the governing body of the municipality from approving or disapproving the new or increased tax or fee at the meeting provided on the notice of intent.

C.  E.  A municipality shall demonstrate that the taxes or fees are imposed pursuant to statute.

D.  F.  This section does Subsections A and B of this section do not apply to:

1.  Any fee adopted pursuant to section 9‑463.05.

2.  Water and wastewater rates or rate components.

3.  Fees for registration-based classes, programs or activities provided by the municipality.

4.  Court fees established pursuant to state law.

5.  Fees or charges established pursuant to federal law for public housing or other federally funded programs.

6.  Other fees whose amounts are set by state or federal law.

G.  If information is made available relating to the fees provided in subsection F of this section, that information shall be posted on the municipality's website and, if the municipality uses social media or other electronic communication tools, distributed through social media or other electronic communication tools.

E.  H.  In addition to any other limitation that may be imposed by law, a municipality shall not levy or impose an assessment, fee or tax on hospital revenues, discharges, beds or services for the purpose of receiving services or payments pursuant to title 36, chapter 29. END_STATUTE

Sec. 2.  Section 48-572, Arizona Revised Statutes, is amended to read:

START_STATUTE48-572.  Purposes for which public improvements may be undertaken; powers incidental to public improvements

A.  When the public interest or convenience requires, the governing body of a municipality may:

1.  Order the whole or any portion, either in length or width, of one or more of the streets of the municipality graded or regraded, paved or repaved, or otherwise improved or reimproved.

2.  Order the construction, reconstruction or repair of any tunnel, subway, viaduct or conduit in, on, under or over any street, or land of the municipality or any land on, under or over which the municipality may have an easement or right-of-way therefor.

3.  Order the construction or reconstruction of railroads, sidewalks, crosswalks, curbs, gutters, culverts, bridges, tunnels, siphons, manholes, steps, parkings and parkways and also pipes, hydrants and appliances for fire protection.

4.  Order construction, reconstruction or acquisition of sewers, ditches, drains, conduits, pipelines and channels for sanitary and drainage purposes, or either or both thereof, with outlets, cesspools, manholes, catch basins, flush tanks, septic tanks, connecting sewers, ditches, drains, conduits, channels and other appurtenances in, under, over or through any street, or any land of the municipality or any right-of-way granted or obtained for such purpose, either within or without the limits of the municipality.

5.  Order construction, reconstruction or acquisition of waterworks, ditches, canals, channels, conduits, pipelines and siphons, together with the necessary or usual appurtenances for carrying storm water or water from irrigation ditches, watercourses, streams or springs into, through or out of the municipality, in, under, over or through any street, or any land of the municipality or any right-of-way granted or obtained for such purpose, either within or without the limits of the municipality.

6.  Order construction, reconstruction or acquisition of breakwater levees or walls, docks, wharves, marinas, boat harbors and related facilities.

7.  Order construction, reconstruction or acquisition of lighting plants and poles, wires, conduits, lamps, standards and other appliances for the purpose of lighting and beautifying the streets improved.

8.  Order the whole or any portion of any off‑street parking area and entrances thereto of the municipality graded or regraded, paved or repaved, or otherwise improved or reimproved, order lighting plants and poles, wires, conduits, lamps, standards, and other appliances for the purpose of lighting, landscaping and beautifying the streets or off-street parking areas and entrances thereto to be improved and order construction on such land of parking structures that may have any portion at, above or below grade.  If in connection with any lot or parcel within a proposed assessment district adequate off-street parking facilities have been provided, such lot or parcel shall be excluded from the assessment district and shall not be assessed for such improvements if within the time and in the manner provided in section 48‑579, subsection C the owner or owners file a written objection to the extent of the assessment district.  For purposes of this paragraph in cities having a zoning code or ordinance, unless the off-street parking facilities provided meet or exceed the requirements of the zoning code or ordinance for a lot or parcel of that size in that zone, then such off‑street parking facilities shall not be deemed adequate.  In cities not having a zoning code or ordinance, the facilities provided shall not be deemed adequate unless parking space for one motor vehicle is provided for each three hundred square feet of floor space in the building served by such off‑street parking site. If any lot or parcel within a proposed assessment district organized for improvements provided for in this paragraph is zoned and used exclusively for single family residential purposes, such lot or parcel shall be excluded from the assessment district and shall not be assessed for such improvements if within the time and in the manner provided in section 48‑579, subsection C the owner or owners file a written objection to the extent of the assessment district.

9.  Order the construction or reconstruction of any work incidental to or connected with the improvements set forth in this subsection.

10.  Pursuant to section 48‑622, and notwithstanding any other law, construct, acquire or improve a wastewater treatment facility, drinking water  facility or nonpoint source project with monies borrowed from or financial assistance including forgivable principal provided by the water infrastructure finance authority of Arizona.

B.  In addition to all powers specifically granted by or reasonably inferred under the provisions of this article, cities and towns, acting through their governing bodies, may:

1.  Join with other cities or towns or any improvement district or sanitary district or the state, or any of its departments or agencies, the federal government or any of its departments, agencies or instrumentalities, in the construction, operation or maintenance of improvements authorized by this section.

2.  Join with any other city, town, improvement district or sanitary district in improving streets running upon on or along the boundaries of the city or town and levy assessments or issue bonds for the proportionate part of the city or town of the cost of the improvement.  a municipality that proposes to levy an assessment for the proportionate part of the city or town shall prepare a notice of intent to establish or increase the assessments pursuant to section 9-499.15, subsection b, paragraph 4.

3.  Accept from the state, or federal government, or any agency, department or instrumentality of either, grants for or in aid of the construction of any of the improvements provided by this article, and enter into contracts with the this state, the federal government, or any agency, department or instrumentality of either or both, for the construction or supervision of construction by the this state, the federal government or any agency, department or instrumentality of either or both of any such improvements, in accordance with the plans, specifications, rules and regulations of the this state, the federal government, or any agency, department or instrumentality of either or both, but reserving to the city or town the right to assess against the property benefited by the improvement, and located within the city or town, that portion of the cost of the improvement which that does not qualify for aid under the state or federal grant. END_STATUTE


 

 

 

APPROVED BY THE GOVERNOR MAY 18, 2016.

 

FILED IN THE OFFICE OF THE SECRETARY OF STATE MAY 18, 2016.

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