Bill Text: AZ SB1248 | 2018 | Fifty-third Legislature 2nd Regular | Engrossed
Bill Title: Taxation; improvements on possessory rights
Spectrum: Partisan Bill (Republican 1-0)
Status: (Failed) 2018-03-21 - House WM Committee action: Held, voting: (0-0-0-0-0-0) [SB1248 Detail]
Download: Arizona-2018-SB1248-Engrossed.html
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Senate Engrossed |
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State of Arizona Senate Fifty-third Legislature Second Regular Session 2018
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SENATE BILL 1248 |
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AN ACT
Amending sections 42-11001, 42-13304 and 42-19003, Arizona Revised Statutes; repealing section 42-19116, Arizona Revised Statutes; relating to property tax.
(TEXT OF BILL BEGINS ON NEXT PAGE)
Be it enacted by the Legislature of the State of Arizona:
Section 1. Section 42-11001, Arizona Revised Statutes, is amended to read:
42-11001. Definitions
In chapters 11 through 19 of this title, unless the context otherwise requires:
1. "Assessed valuation" means the value derived by applying the applicable percentage prescribed by chapter 15, article 1 of this title to the full cash value or limited property value of the property, as applicable.
2. "Board" or "state board" means the state board of equalization.
3. "County board" means the county board of supervisors sitting as the county board of equalization.
4. "Current usage" means the use to which property is put at the time of valuation by the assessor or the department.
5. "Due date" means the next business day if a due date of any report, claim, return, statement, payment, deposit, petition, notice or other document or filing falls on Saturday, Sunday or a legal holiday.
6. "Full cash value" for property tax purposes means the value determined as prescribed by statute. If no statutory method is prescribed, full cash value is synonymous with market value, which means the estimate of value that is derived annually by using standard appraisal methods and techniques. Full cash value is the basis for assessing, fixing, determining and levying primary and secondary property taxes on property described in section 42‑13304. Full cash value shall not be greater than market value regardless of the method prescribed to determine value for property tax purposes.
7. "Limited property value" means the value determined pursuant to section 42‑13301. Limited property value is the basis for:
(a) Computing levy limitations for counties, cities, towns and community college districts.
(b) Assessing, fixing, determining and levying primary and secondary property taxes on all property except property described in section 42‑13304.
8. "Net assessed value" means the assessed value minus any exempt property.
9. "Person" means a natural person, individual, proprietor, proprietorship, company, corporation, organization, association, joint venture, partner, partnership, trust, estate or limited liability company, the federal or state government, a political subdivision of a state or any other legal entity or combination of entities that owns, controls or has possession of real or personal property.
10. "Personal property" includes property of every kind, both tangible and intangible, that is not included in the term "real estate".
11. "Primary property taxes" means all ad valorem taxes except for secondary property taxes.
12. "Producing mine" or "mining claim" means a mine or mining claim from which coal or any other mineral or mineral substance, except for clay, sand, gravel, building stone or a mineral or mineral substance that is normally processed into artificial stone, has been extracted for commercial purposes at any time during a period of one year before the first Monday in January of the valuation year.
13. "Real estate" includes the ownership of, claim to, possession of or right of possession to lands or patented mines.
14. "Roll" means the assessment and tax roll.
15. "Secondary property taxes" means:
(a) Ad valorem taxes or special property assessments that are used to pay the principal of and the interest and redemption charges on bonded indebtedness or other lawful long‑term obligations that are issued or incurred for a specific capital purpose by a municipality, county or taxing district.
(b) Ad valorem taxes or assessments levied by or for special taxing districts and assessment districts other than school districts and community college districts.
(c) Amounts levied pursuant to an election to exceed a budget, expenditure or tax limitation.
16. "Tax year" for all property means the calendar year in which the taxes are levied.
17. "Valuation" means the full cash value or limited property value that is determined for real or personal property, as applicable.
18. "Valuation date", for the purposes of real property, improvements on possessory rights and property valued by the department, means January 1 of the year preceding the year in which taxes are levied.
19. "Valuation year" means:
(a) For real property, improvements on possessory rights and property valued by the department, the calendar year preceding the year in which the taxes are levied.
(b) For personal property, the calendar year in which the taxes are levied.
Sec. 2. Section 42-13304, Arizona Revised Statutes, is amended to read:
42-13304. Exemptions from limitation
The limitations prescribed by this article do not apply to:
1. Personal property, other than mobile homes and improvements on possessory rights. The full cash value of personal property, other than mobile homes and improvements on possessory rights, shall be used for all purposes in lieu of limited property value.
2. Property included in property class one under section 42‑12001, paragraphs 1 through 7, 11 and 14. The full cash value of that property shall be used for all purposes in lieu of limited property value.
Sec. 3. Section 42-19003, Arizona Revised Statutes, is amended to read:
42-19003. Improvements on unpatented land, mining claims or state land; exemption
A. Improvements, appurtenances, wells, stock tanks and any other fixed property that is located on unpatented land, a mining claim or state land not secured by patented real property:
1. Shall be valued as personal property in the same manner as real property.
2. Are subject to sale as provided by this chapter.
2. Are not subject to seizure or sale for delinquent taxes as personal property but are subject to procedures for delinquent taxes as real property pursuant to chapter 18, article 3 of this title.
B. A description sufficient to identify the property shall be entered on the personal property tax roll of the county.
Sec. 4. Repeal
Section 42-19116, Arizona Revised Statutes, is repealed.
