A CONCURRENT RESOLUTION

proposing an amendment to the constitution of arizona; amending article IX, constitution of arizona, by adding section 12.1; relating to temporary transaction privilege and use taxes.

(TEXT OF BILL BEGINS ON NEXT PAGE)

Be it resolved by the Senate of the State of Arizona, the House of Representatives concurring:

1.  Article IX, Constitution of Arizona, is proposed to be amended by adding section 12.1 as follows if approved by the voters and on proclamation of the Governor:

12.1.  Temporary taxes; repeal from and after May 31, 2013

Section 12.1.  A.  A temporary tax is levied for the purpose of raising state revenues for primary and secondary education, health and human services and public safety.

B.  The temporary tax is levied and shall be collected beginning on June 1, 2010 and shall continue for thirty-six consecutive calendar months, after which the temporary tax is repealed.

C.  The temporary tax is levied as a separate rate increment in addition to the state transaction privilege tax rates and the use tax rate.  The rate of the temporary tax is one per cent of the tax base for each transaction privilege classification that is subject to a rate of five per cent or more and one per cent of the tax base for the use tax.

D.  The temporary tax is subject to the same exemptions, deductions and exclusions as provided by law for each transaction privilege tax classification and for the use tax.

e.  The net revenues derived from the temporary tax imposed by this section are not subject to distribution to counties, municipalities or other governmental entities but shall be credited to, and separately accounted in, the state general fund and appropriated as follows:

1.  Two-thirds of the revenues shall be appropriated for public primary and secondary education.

2.  One‑third of the revenues shall be appropriated for health and human services and public safety purposes.

f.  The temporary taxes under this section are due and payable at the same time and in the same manner, and are subject to the same provisions for administration and enforcement, as provided by law for other transaction privilege and use taxes.

G.  The repeal of the temporary tax under this section does not affect the continuing validity of outstanding and unpaid tax obligations that accrue under this section, including any penalties and interest that accrue thereafter by law on the unpaid obligations.

H.  The temporary tax under this section is repealed from and after May 31, 2013. END_STATUTE

2.  The Secretary of State shall submit this proposition to the voters at a special election called to be held for that purpose on May 18, 2010 as provided by article XXI, Constitution of Arizona.