Bill Text: AZ SB1431 | 2016 | Fifty-second Legislature 2nd Regular | Introduced


Bill Title: Property tax; disabled veterans' residences

Spectrum: Partisan Bill (Republican 1-0)

Status: (Introduced - Dead) 2016-02-02 - Referred to Senate FIN Committee [SB1431 Detail]

Download: Arizona-2016-SB1431-Introduced.html

 

 

 

REFERENCE TITLE: property tax; disabled veterans' residences

 

 

 

State of Arizona

Senate

Fifty-second Legislature

Second Regular Session

2016

 

 

SB 1431

 

Introduced by

Senator Griffin

 

 

AN ACT

 

Amending sections 15-972, 42-12003, 42-12009, 42-12052, 42-12053 and 42‑12054, Arizona Revised Statutes; amending title 42, chapter 12, article 2, Arizona Revised Statutes, by adding section 42-12058; amending sections 42‑15102 and 42-15103, Arizona Revised Statutes; relating to property tax classification.

 

 

(TEXT OF BILL BEGINS ON NEXT PAGE)

 


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

Section 1.  Section 15-972, Arizona Revised Statutes, is amended to read:

START_STATUTE15-972.  State limitation on homeowner property taxes; additional state aid to school districts; definitions

A.  Notwithstanding section 15‑971, there shall be additional state aid for education computed for school districts as provided in subsection B of this section.

B.  The clerk of the board of supervisors shall compute such additional state aid for education as follows:

1.  For a high school district or for a common school district within a high school district that does not offer instruction in high school subjects as provided in section 15‑447:

(a)  Determine the qualifying tax rate pursuant to section 41‑1276 for the school district.

(b)  Determine the following percentage of the qualifying tax rate determined in subdivision (a) of this paragraph:

(i)  Thirty‑five percent through December 31, 2005.

(ii)  Thirty‑six percent beginning from and after December 31, 2005 through December 31, 2006.

(iii)  Thirty‑seven percent beginning from and after December 31, 2006 through December 31, 2007.

(iv)  Thirty‑eight percent beginning from and after December 31, 2007 through December 31, 2008.

(v)  Thirty‑nine percent beginning from and after December 31, 2008 through December 31, 2009.

(vi)  Forty percent beginning from and after December 31, 2009.

(vii)  Such further adjustments of the percentage beginning from and after December 31, 2012 as provided by law.

(c)  Select the lesser of the amount determined in subdivision (b) of this paragraph or forty percent of the primary property tax rate that would be levied in lieu of the provisions of this section for the district.

(d)  Multiply the rate selected in subdivision (c) of this paragraph as a rate per one hundred dollars assessed valuation by the assessed valuation used for primary property taxes of the residential property in the school district.

2.  For a unified school district, for a common school district not within a high school district or for a common school district that offers instruction in high school subjects as provided in section 15‑447:

(a)  Determine the qualifying tax rate pursuant to section 41‑1276 for the school district.

(b)  Determine the following percentage of the tax rate determined in subdivision (a) of this paragraph:

(i)  Thirty‑five percent through December 31, 2005.

(ii)  Thirty‑six percent beginning from and after December 31, 2005 through December 31, 2006.

(iii)  Thirty‑seven percent beginning from and after December 31, 2006 through December 31, 2007.

(iv)  Thirty‑eight percent beginning from and after December 31, 2007 through December 31, 2008.

(v)  Thirty‑nine percent beginning from and after December 31, 2008 through December 31, 2009.

(vi)  Forty percent beginning from and after December 31, 2009.

(vii)  Such further adjustments of the percentage beginning from and after December 31, 2012 as provided by law.

(c)  Select the lesser of the amount determined in subdivision (b) of this paragraph or forty percent of the primary property tax rate that would be levied in lieu of the provisions of this section for the district.

(d)  Multiply the rate selected in subdivision (c) of this paragraph as a rate per one hundred dollars assessed valuation by the assessed valuation used for primary property taxes of the residential property in the district.

C.  The clerk of the board of supervisors shall report to the department of revenue not later than the Friday following the third Monday in August of each year the amount by school district of additional state aid for education and the data used for computing the amount as provided in subsection B of this section.  The department of revenue shall verify all of the amounts and report to the county board of supervisors not later than August 30 of each year the property tax rate or rates that shall be used for property tax reduction as provided in subsection E of this section.

D.  The board of supervisors shall reduce the property tax rate or rates that would be levied in lieu of the provisions of this section by the school district or districts on the assessed valuation used for primary property taxes of the residential property in the school district or districts by the rate or rates selected in subsection B, paragraph 1, subdivision (c) and paragraph 2, subdivision (c) of this section.  The excess of the reduction in property taxes for a parcel of property resulting from the reduction in the property tax rate pursuant to this subsection over the amounts listed in this subsection shall be deducted from the amount of additional state aid for education.  The reduction in property taxes on a parcel of property resulting from the reduction in the property tax rate pursuant to this subsection shall not exceed the following amounts except as provided in subsection I of this section:

1.  Five hundred dollars through December 31, 2005.

2.  Five hundred twenty dollars beginning from and after December 31, 2005 through December 31, 2006.

3.  Five hundred forty dollars beginning from and after December 31, 2006 through December 31, 2007.

4.  Five hundred sixty dollars beginning from and after December 31, 2007 through December 31, 2008.

5.  Five hundred eighty dollars beginning from and after December 31, 2008 through December 31, 2009.

6.  Six hundred dollars beginning from and after December 31, 2009.

E.  Prior to the levying of taxes for school purposes the board of supervisors shall determine whether the total primary property taxes to be levied for all taxing jurisdictions on each parcel of residential property, in lieu of the provisions of this subsection, violate article IX, section 18, Constitution of Arizona.  For those properties that qualify for property tax exemptions pursuant to article IX, sections 2, 2.1 and 2.2, Constitution of Arizona, eligibility for the credit is determined on the basis of the limited property value that corresponds to the taxable assessed value after reduction for the applicable exemption.  If the board of supervisors determines that such a situation exists, the board shall apply a credit against the primary property taxes due from each such parcel in the amount in excess of article IX, section 18, Constitution of Arizona.  Such excess amounts shall also be additional state aid for education for the school district or districts in which such parcel of property is located.

F.  The clerk of the board of supervisors shall report to the department of revenue not later than September 5 of each year the amount by school district of additional state aid for education and the data used for computing the amount as provided in subsection B of this section.  The department of revenue shall verify all of the amounts and report to the board of supervisors not later than September 10 of each year the property tax rate that shall be used for property tax reduction as provided in subsection E of this section.

G.  The clerk of the board of supervisors shall report to the department of revenue not later than September 30 of each year in writing the following:

1.  The data processing specifications used in the calculations provided for in subsections B and E of this section.

2.  At a minimum, copies of two actual tax bills for residential property for each distinct tax area.

H.  The department of revenue shall report to the state board of education not later than October 12 of each year the amount by school district of additional state aid for education as provided in this section. The additional state aid for education provided in this section shall be apportioned as provided in section 15‑973.

I.  If a parcel of property is owned by a cooperative apartment corporation or is owned by the tenants of a cooperative apartment corporation as tenants in common, the reduction in the property taxes prescribed in subsection D of this section shall not exceed the amounts listed in subsection D of this section for each owner‑occupied housing unit on the property.  The assessed value used for determining the reduction in taxes for the property is equal to the total assessed value of the property times the ratio of the number of owner‑occupied housing units to the total number of housing units on the property.  For the purposes of this subsection, "cooperative apartment corporation" means a corporation:

1.  Having only one class of outstanding stock.

2.  Of which all of the stockholders of which are entitled, solely by reason of their ownership of stock in the corporation, to occupy for dwelling purposes apartments in a building owned or leased by such corporation and who are not entitled, either conditionally or unconditionally, except upon on a complete or partial liquidation of the corporation, to receive any distribution not out of earnings and profits of the corporation.

3.  Of which eighty percent or more of the gross income of which is derived from tenant‑stockholders.  For the purposes of this paragraph, "gross income" means gross income as defined by the United States internal revenue code, as defined in section 43‑105.

J.  The total amount of state monies that may be spent in any fiscal year for state aid for education in this section shall not exceed the amount appropriated or authorized by section 35‑173 for that purpose.  This section shall not be construed to impose a duty on an officer, agent or employee of this state to discharge a responsibility or to create any right in a person or group if the discharge or right would require an expenditure of state monies in excess of the expenditure authorized by legislative appropriation for that specific purpose.

K.  Notwithstanding subsection E of this section, beginning in fiscal year 2015-2016, the maximum amount of additional state aid for education that will be funded by this state pursuant to subsection E of this section shall be one million dollars per county.  For any county with a school district or districts that collectively would otherwise receive more than one million dollars in additional state aid for education pursuant to subsection E of this section, the property tax oversight commission established by section 42‑17002 shall determine the proportion of the violation of article IX, section 18, Constitution of Arizona, that is attributable to each taxing jurisdiction within the affected school district or districts.  Based on those proportions, the property tax oversight commission shall determine an amount that each taxing jurisdiction within the affected school district or districts shall transfer to the affected school district or districts during the fiscal year in order to compensate the affected school district or districts for its pro rata share of the reduction in additional state aid for education funding required by this subsection.  In determining the proportion of the violation of article IX, section 18, Constitution of Arizona, that is attributable to each taxing jurisdiction within the affected school district or districts, the property tax oversight commission shall assume a proportion of zero for any taxing jurisdiction that has a tax rate for the fiscal year that is equal to or less than the tax rate of peer jurisdictions, as determined by the property tax oversight commission.

L.  For the purposes of this section:

1.  "Owner" includes any purchaser under a contract of sale or under a deed of trust.

2.  "Residential property" includes owner‑occupied real property and improvements to the property and owner‑occupied mobile homes that are used as the owner's primary residence and classified as class three property pursuant to section 42‑12003 and as class nine property pursuant to section 42-12009, subsection A, paragraph 6. END_STATUTE

Sec. 2.  Section 42-12003, Arizona Revised Statutes, is amended to read:

START_STATUTE42-12003.  Class three property; definition

A.  For purposes of taxation, class three is established consisting of:

1.  Real and personal property and improvements to the property that are used as the owner's primary residence, that are not otherwise included in class one, two, four, six, seven, or eight or nine and that are valued at full cash value.

2.  Real and personal property that is occupied by a relative of the owner, as provided by section 42‑12053, and used as the relative's primary residence, that is not otherwise included in class one, two, four, six, seven or eight and that is valued at full cash value. 

B.  For the purposes of this section, a homesite that is included in class three may include:

1.  Up to ten acres on a single parcel of real property on which the residential improvement is located.

2.  More than ten, but not more than forty, acres on a single parcel of real property on which the residential improvement is located if it is zoned exclusively for residential purposes or contains legal restrictions or physical conditions that prevent the division of the parcel. 

C.  For the purposes of this section, "physical conditions" means topography, mountains, washes, rivers, roads or any other configuration that limits the residential usable land area. END_STATUTE

Sec. 3.  Section 42-12009, Arizona Revised Statutes, is amended to read:

START_STATUTE42-12009.  Class nine property

A.  For purposes of taxation, class nine is established consisting of:  

1.  Improvements that are located on federal, state, county or municipal property and owned by the lessee of the property if:

(a)  The improvements are required to become the property of the federal, state, county or municipal owner of the property on termination of the leasehold interest in the property.

(b)  Both the improvements and the property are used exclusively for convention activities or athletic, recreational, entertainment, artistic or cultural facilities.

2.  Improvements that are located on federal, state, county or municipal property and owned by the lessee of the property if:

(a)  The improvements are required to become the property of the federal, state, county or municipal owner of the property on termination of the leasehold interest in the property.

(b)  Both the improvements and the property are:

(i)  Used for or in connection with aviation, including hangars, tie‑downs, aircraft maintenance, sales of aviation‑related items, charter and rental activities, parking facilities and restaurants, stores and other services located in a terminal.

(ii)  Located on a state, county, city or town airport or a public airport operating pursuant to sections 28‑8423, 28‑8424 and 28‑8425.

3.  Property that is defined as "contractor-acquired property" or "government-furnished property" in the federal acquisition regulations (48 Code of Federal Regulations section 45.101) and that is leased to or acquired by the government and used to perform a government contract.

4.  Property of a corporation that is organized by or at the direction of this state or a county, city or town to develop, construct, improve, repair, replace or own any property, improvement, building or other facility to be used for public purposes that the state, county, city or town pledges to lease or lease-purchase with state, county or municipal special or general revenues and that is not otherwise exempt under chapter 11, article 3 of this title.

5.  Real property and improvements, including land, buildings, furniture and equipment, regardless of ownership, that are leased for the entire valuation year to, and used exclusively by, a nonprofit organization that is recognized under section 501(c)(3) of the internal revenue code and that operates on the premises as a charter school pursuant to section 15‑183 or that are leased for the entire valuation year to, and used exclusively by, a nonprofit church, religious assembly or religious institution.  If only part of a parcel of real property or improvements to real property is leased for operation of a charter school or a church, religious assembly or religious institution as provided by this paragraph, only the portion so leased qualifies for classification under this section.  A property owner who leases property to a charter school or a church, religious assembly or religious institution as provided by this paragraph shall file an affidavit with the county assessor stating that the charter school or church, religious assembly or religious institution shall be the sole beneficiary of the change in property tax classification pursuant to this section and that the lease rate that is charged to the charter school or church, religious assembly or religious institution is consistent with the lease rates that are charged to other tenants of the property or a fair market rate.

6.  Real and personal property and improvements to the property that are used as the primary residence of a qualifying veteran with a disability that is owned by the veteran, by the veteran's spouse or jointly by the veteran and the veteran's spouse, as provided by section 42-12058.  For the purposes of this paragraph, a homesite that is included in class nine may include:

(a)  Up to ten acres on a single parcel of real property on which the residential improvement is located.

(b)  More than ten, but not more than forty, acres on a single parcel of real property on which the residential improvement is located if it is zoned exclusively for residential purposes or contains legal restrictions or physical conditions that prevent the division of the parcel.  For the purposes of this subdivision, "physical conditions" means topography, mountains, washes, rivers, roads or any other configuration that limits the residential usable land area.

B.  Improvements that are located in an area defined as a research park pursuant to section 35‑701 may not be classified under this section.

C.  All property classified as class nine is subject to valuation at full cash value. END_STATUTE

Sec. 4.  Section 42-12052, Arizona Revised Statutes, is amended to read:

START_STATUTE42-12052.  Review and verification of class three and class nine property; civil penalty; appeals

A.  Each county assessor shall review assessment information, on a continuing basis, to ensure proper classification of residential dwellings. The assessor may enter into intergovernmental agreements with the department for an exchange of information to ensure a coordinated and comprehensive review and identification of property that may be rented while classified as class three pursuant to section 42‑12003 or as class nine pursuant to section 42-12009, subsection A, paragraph 6.

B.  If the assessor has reason to believe that a parcel of property that is classified as class three pursuant to section 42‑12003 or as class nine pursuant to section 42-12009, subsection A, paragraph 6 is not used as the owner's primary residence or as a qualifying family member residence pursuant to section 42‑12053, the assessor shall notify the owner, in a form prescribed by the department as provided by subsection D of this section, and request that the owner respond as to whether the property meets the requirements of section 42‑12003, section 42-12009, subsection A, paragraph 6 or section 42‑12053 or 42-12058, is a secondary residence or is used as a rental property.  If the owner fails to respond to the assessor within thirty days after the notice is mailed, the assessor shall mail the owner a final notice within thirty days requesting that the owner provide information as to whether or not the property meets the requirements of a primary residence or a secondary residence or is used as a rental property.  If the owner fails to respond to the assessor within fifteen days after the final notice is mailed, the assessor shall:

1.  Reclassify the property as class four.  In addition to other appeal procedures provided by law, the owner of the property that is reclassified as class four under this paragraph may appeal the reclassification to the county board of supervisors within thirty days after the notice of classification is mailed.  If the owner proves to the board's satisfaction that the property is occupied as the owner's primary residence, the board shall order the property to be reclassified as class three property pursuant to section 42‑12003 or as class nine pursuant to section 42-12009, subsection A, paragraph 6, as applicable.

2.  Notify the county treasurer who shall assess a civil penalty against the property equal to the amount of additional state aid paid pursuant to section 15‑972 with respect to the property in the preceding tax year.  The civil penalty shall not be assessed if the ownership of the property has changed after notification.  The owner of the property shall pay a penalty under this paragraph to the county treasurer within thirty days after the notice of the penalty is mailed.  The owner may appeal the penalty to the county board of supervisors within the time required for payment.  If the owner proves to the board's satisfaction that the property is occupied by the owner, the board shall waive the penalty, and the property shall be listed as class three pursuant to section 42‑12003 or as class nine pursuant to section 42-12009, subsection A, paragraph 6, as applicable.  Until paid or waived, the penalty constitutes a lien against the property.  The county treasurer shall deposit all revenue received from penalties assessed under this paragraph in the county general fund.

C.  Beginning in 2013 and during each elective term of office thereafter, the county assessor shall send notices under subsection B of this section to each owner of property classified as class three pursuant to section 42‑12003 or class nine pursuant to section 42-12009, subsection A, paragraph 6 described by any of the following:

1.  The owner has a mailing address outside the county in which the property is located.

2.  The owner has a mailing address, other than a post office box, that is different than the situs address of the property.

3.  The owner has the same mailing address listed for more than one parcel of class three property, or for class three and class nine property, in this state.

4.  The owner appears to be a business entity.

D.  The department shall:

1.  Prescribe all forms used to notify property owners under this section.  The forms shall contain information as to criteria for the reclassification of property and the civil penalties that may result if the owner fails to respond to the notice.

2.  Monitor and review the procedures and practices used by assessors and treasurers to accomplish the verification of class three property classification and the assessment and collection of penalties prescribed by this section and propose suggested improvements to establish uniform processes and performance among the counties.

E.  The department may inspect the records of county assessors and county treasurers to determine compliance with the requirements of this section and the accuracy of the classification of owner-occupied residential property and rental property. END_STATUTE

Sec. 5.  Section 42-12053, Arizona Revised Statutes, is amended to read:

START_STATUTE42-12053.  Criteria for distinguishing primary residential property, secondary residential property and rental property

A.  For the purpose of classifying residential property under sections 42‑12003, 42‑12004 and 42‑12052, a parcel is not considered a secondary property or rental property if the property is occupied by a member of the owner's family, who must be:

1.  The owner's natural or adopted child or a descendant of the owner's child.

2.  The owner's parent or an ancestor of the owner's parent.

3.  The owner's stepchild or stepparent.

4.  The owner's child-in-law or parent-in-law.

5.  The owner's natural or adopted sibling.

B.  For the purpose of classifying owner-occupied residential property under sections 42‑12003, 42‑12004 and 42‑12052 and section 42-12009, subsection A, paragraph 6, the department shall adopt standard criteria for use in determining whether the property is considered to be the owner's or relative's primary residence, including:

1.  The period of occupancy each year.

2.  The owner's registered voting precinct.

3.  The owner's driver license address.

4.  The registration address of the owner's motor vehicles.

5.  Other appropriate indicators of primary residency. END_STATUTE

Sec. 6.  Section 42-12054, Arizona Revised Statutes, is amended to read:

START_STATUTE42-12054.  Change in classification of owner-occupied residence

A.  If a person purchases or converts property that is listed as class one pursuant to section 42‑12001, paragraph 12 or 13, class two or class four pursuant to article 1 of this chapter and occupies the property as the person's primary residence, the person may have the classification reviewed for change to class three from the date of conversion and occupancy as a primary residence and may appeal from the decision resulting from the review in the same manner as provided by law for review of a valuation for ad valorem property taxes and appeal from that review.

B.  If a person purchases or converts property that is listed as class one pursuant to section 42‑12001, paragraph 12 or 13, class two or class four pursuant to article 1 of this chapter and the property is occupied by a member of the owner's immediate family as described in section 42‑12053, the person may have the classification reviewed for change to class three from the date of occupancy and may appeal the decision resulting from the review in the same manner as provided by law for review of a valuation for ad valorem property taxes and appeal from that review.

C.  If a veteran with a disability rated at one hundred percent purchases or converts property that is listed as class one pursuant to section 42‑12001, paragraph 12 or 13 or as class two, class three or class four pursuant to article 1 of this chapter and occupies the property as the veteran's primary residence, the veteran may have the classification reviewed for change to class nine pursuant to section 42-12009, subsection A, paragraph 6 from the date of occupancy and may appeal the decision resulting from the review in the same manner as provided by law for review of a valuation for ad valorem property taxes and appeal from that review.

C.  D.  If a person makes such a conversion or occupancy or appeals the classification after the county assessor has closed the rolls, the person may petition the county board of supervisors to change the classification and reduce the assessed valuation from the date of conversion or occupancy.

D.  E.  The board of supervisors shall entertain the petition in the same manner as a board of equalization hears a request for reduction in valuation.

E.  F.  The petitioner may appeal the board of supervisors' decision in the same manner as provided in section 42‑16111, except that the petitioner shall file the notice of appeal within fifteen days after the board's finding.

F.  G.  If the board of supervisors finds that the property is in fact being used for the owner's primary residence and should be listed as class three property pursuant to section 42-12003 or as class nine property pursuant to section 42-12009, subsection A, paragraph 6, it the board shall change the classification on the roll and fix the assessed valuation from the date of occupancy.  The amount of taxes that is assessed against the property shall be computed by applying the current tax rate to the original assessed valuation prorated for the portion of the tax year before the property was currently occupied plus the current tax rate applied to the reassessed value of the property prorated for the balance of the year.

G.  H.  The board of supervisors shall notify the department, assessor and county treasurer of the change in classification, the change in assessed valuation and the amount of tax assessed.  The department and the assessor may appeal any such decision in the same manner as provided in section 42‑16111.  The assessor and treasurer shall note the change on their records, and the treasurer may issue a future tax credit, endorsed by the board, to the person whose property is liable for the tax.  The tax credit shall be used on the next or several succeeding property tax assessments that the person may owe thereafter. END_STATUTE

Sec. 7.  Title 42, chapter 12, article 2, Arizona Revised Statutes, is amended by adding section 42-12058, to read:

START_STATUTE42-12058.  Criteria for class nine classification; veterans with a disability; definitions

A.  For the purpose of classifying residential property as class nine under section 42-12009, subsection A, paragraph 6:

1.  The property must be owned:

(a)  By a veteran who has a service-connected disability of one hundred percent, as rated by the United States department of veterans affairs, that was sustained while serving in the armed forces of the United States.  Any question regarding the person's status as a veteran or as having a claimed service-connected disability must be verified by the United States department of veterans affairs or by the department of veterans' services.

(b)  Solely by the unmarried surviving spouse of a DECEASED veteran who was killed in action or who died as a result of injury incurred while serving on active duty in the armed forces of the United States.

2.  The veteran, or the veteran's surviving spouse, must occupy the property as the person's primary residence.  The property may be considered to be the primary residence of a veteran who is confined to a hospital or other care facility if the property would be the veteran's primary residence were it not for the veteran's confinement and if the property is not leased or rented to another occupant other than a family member who resides at the property.

B.  For the purposes of this section:

1.  "Primary residence" means an owner-occupied dwelling, including a manufactured home, that is owned by and used as the primary dwelling place of the veteran or the veteran's surviving spouse.  A primary residence may consist of part of a multidwelling or multipurpose building and part of the land on which the building is located.

2.  "Veteran" means an individual who has served in, and been discharged, separated or released under honorable conditions from, active or inactive service in the uniformed services of the united states, including:

(a)  All regular, reserve and national guard components of the United States army, navy, air force, marine corps and coast guard.

(b)  The commissioned corps of the national oceanic and atmospheric administration.

(c)  The commissioned corps of the United States public health service.

(d)  A nurse in the service of the American red cross or in the army and navy nurse corps.

(e)  Any other civilian service that is authorized by federal law to be considered active military duty for the purpose of laws administered by the United States secretary of veterans affairs. END_STATUTE

Sec. 8.  Section 42-15102, Arizona Revised Statutes, is amended to read:

START_STATUTE42-15102.  Notice information entered by assessor

A.  The assessor shall include in the assessment notice:

1.  The full cash value found by the assessor for the property for the preceding valuation year.

2.  The classification of the property pursuant to chapter 12 of this title.

3.  The mailing date of the notice.

4.  The last date on which the owner may file an appeal from the valuation or classification assigned to the property.

B.  Except for property that is listed as class three property under section 42‑12003, owner-occupied residential property that is listed as class four property under section 42‑12004, subsection A, paragraph 1, and single family rented residential property that is listed as class four property under section 42‑12004, subsection A, paragraph 2 and the primary residence of a veteran with a disability that is listed as class nine property under section 42-12009, subsection A, paragraph 6, the notice shall separately list the full cash value of the land and the full cash value of the improvement or improvements associated with the land. END_STATUTE

Sec. 9.  Section 42-15103, Arizona Revised Statutes, is amended to read:

START_STATUTE42-15103.  Contents of notice form

The notice form shall:

1.  Prominently display a statement for all residential properties: 

(a)  Which That defines class three properties as described in section 42‑12003.

(b)  Informing property owners that if the property listed on the notice does not meet the definition description provided pursuant to subdivision (a) of this section paragraph, the owner must notify the county assessor of the usage of the property or they the owner may be subject to a civil penalty prescribed by section 42‑12052.

2.  Prominently display a statement for residential properties classified as class nine pursuant to section 42-12009, subsection A, paragraph 6 listing the requirements for classification and informing the property owner that if the property listed on the notice and the ownership do not meet those requirements, the owner must notify the county assessor of the current usage of the property or the owner may be subject to a civil penalty prescribed by section 42-12052.

2.  3.  Include simplified instructions on the procedure and deadlines for appealing the assessed valuation shown on the notice.

3.  4.  Prominently display a statement informing owners of property that is used for residential rental purposes that:

(a)  The parcel must be listed on the notice as class four, and the owner must register the residential rental property with the county assessor pursuant to section 33‑1902 or the owner may be subject to a penalty.

(b)  If the owner is required to register the rental property with the county assessor and fails to do so after receipt of this notice, the city or town may impose a civil penalty payable to the city or town in the amount of one hundred fifty dollars per day for each day of violation, and the city or town may impose enhanced inspection and enforcement measures on the property.

(c)  If the city or town in which the property is located requires the lessor to pay transaction privilege tax on residential rent, a notice of applicable requirements imposed by the city or town and that failure to pay the applicable tax could result in a penalty or fine by the city or town.

(d)  Residential rental properties are required to comply with the landlord tenant law pursuant to title 33, chapters 10 and 11. END_STATUTE

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