Bill Text: AZ HB2150 | 2020 | Fifty-fourth Legislature 2nd Regular | Introduced


Bill Title: TPT; distribution; Indian tribes

Spectrum: Partisan Bill (Republican 1-0)

Status: (Introduced - Dead) 2020-02-10 - House read second time [HB2150 Detail]

Download: Arizona-2020-HB2150-Introduced.html

 

 

PREFILED    JAN 09 2020

REFERENCE TITLE: TPT; distribution; Indian tribes

 

 

 

 

State of Arizona

House of Representatives

Fifty-fourth Legislature

Second Regular Session

2020

 

 

 

HB 2150

 

Introduced by

Representative Thorpe

 

 

AN ACT

 

Amending Title 42, chapter 5, article 1, Arizona Revised Statutes, by adding section 42-5031.02; relating to transaction privilege tax.

 

 

(TEXT OF BILL BEGINS ON NEXT PAGE)

 


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

Section 1.  Title 42, chapter 5, article 1, Arizona Revised Statutes, is amended by adding section 42-5031.02, to read:

START_STATUTE42-5031.02.  Distribution of revenues; qualifying Indian tribes; compact; economic development; infrastructure development; public safety; definitions

A.  Beginning in fiscal year 2020-2021 and each fiscal year thereafter, each month the state treasurer shall transmit to the treasurer or other designated depository of each qualifying Indian tribe  fifteen percent of transaction privilege tax revenues received pursuant to this article in the preceding month from all sources located on the Indian reservation established for the qualifying Indian tribe as determined pursuant to section 42‑5029, subsection A, paragraph 3.

B.  The monies distributed pursuant to this section are for the purposes of supporting economic development, infrastructure development and public safety for the qualifying Indian tribe.  Before receiving any monies under this section, the qualifying Indian tribe shall enter into a compact with this state, signed by the governor, to account for the use of monies distributed pursuant to this section. The compact shall:

1.  Require that the monies be used primarily for economic development, infrastructure development and public safety purposes for the qualifying Indian tribe.  The monies may be supplemented with monies from the qualifying Indian tribe, this state, local governments, private entities and the federal government.

2.  Provide for audits by the auditor general of the use of the monies. The auditor general shall submit copies of each audit to the joint legislative budget committee.

3.  Require the qualifying Indian tribe to annually submit a plan to the department of administration relating to economic development, infrastructure development and public safety for the qualifying Indian tribe.  The designated tribal planning committee must approve the plan before the plan is submitted to the department of administration.  The plan shall identify the members of the designated tribal planning committee.

4.  If necessary, provide for reimbursing to the department of revenue for costs associated with implementing this section, not to exceed $100,000, from monies that would otherwise be paid to the qualifying Indian tribe pursuant to this section.

5.  Provide that the qualifying Indian tribe may retain unspent monies for use for future economic development, infrastructure development and public safety purposes.

C.  For the purposes of this section:

1.  "Designated tribal planning committee" means a committee that is appointed by the principal policy‑setting body of a qualifying Indian tribe to annually prescribe projects and expenditures for the subsequent year to be used for economic development, infrastructure development and public safety purposes.

2.  "Economic development":

(a)  Means any project, assistance, undertaking, program or study, whether within or outside the boundaries of the Indian reservation established for the qualifying Indian tribe.

(b)  Includes acquiring, improving, leasing or conveying real or personal property or any other activity that a designated tribal planning committee determines will assist in creating or retaining jobs or will otherwise improve or enhance the economic welfare of the members of the qualifying Indian tribe.

3.  "INFRASTRUCTURE development" means the development of any of the following:

(a)  Roads.

(b)  Transportation improvements.

(c)  Water and sewer FACILITIES.

(d)  Communications improvements.

(e)  Flood control.

(f)  Public safety improvements.

(g)  Site improvements for businesses or other development activities.

4.  "Qualifying Indian tribe" means a sovereign, federally recognized Indian tribe that holds more than thirty percent of its trust lands in this state in any county with a population of less than three hundred fifty thousand persons. END_STATUTE

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