AMENDING TITLE 17, CHAPTER 2, ARTICLE 4, ARIZONA REVISED STATUTES, BY ADDING
SECTION 17-273; AMENDING SECTION 42-5029, ARIZONA REVISED STATUTES; MAKING
AN APPROPRIATION; RELATING TO SHOOTING RANGES.
Be it enacted by the Legislature of the State of Arizona:
Section 1. Title 17, chapter 2, article 4, Arizona Revised Statutes, is amended by adding section 17-273, to read:
B. THE DIRECTOR OF THE ARIZONA GAME AND FISH DEPARTMENT SHALL SPEND
MONIES IN THE FUND TO ASSIST EXISTING GOVERNMENT OWNED SHOOTING RANGES IN
ADAPTING TO CHANGES IN THE USE OF ADJACENT PROPERTIES INCLUDING MEASURES TO
ABATE SOUND, REALIGN RANGES OR ACQUIRE LAND TO PROVIDE A BUFFER ZONE AROUND
RANGES OR ACQUIRE STATE TRUST LANDS FOR THE PURPOSE OF LOCATING OR RELOCATING
GOVERNMENT OWNED SHOOTING RANGES THAT APPLY FOR RELOCATION ASSISTANCE. THE
DIRECTOR SHALL EVALUATE REQUESTS FROM SHOOTING RANGES FOR RELOCATION
ASSISTANCE PURSUANT TO THIS SECTION AND CONSULT WITH INTERESTED PARTIES IN
DETERMINING PROJECTS TO BE FUNDED.
C. THE DIRECTOR OF THE ARIZONA GAME AND FISH DEPARTMENT SHALL ADOPT
RULES FOR PROVIDING ASSISTANCE FOR SOUND ABATEMENT, REALIGNMENT AND BUFFER
ZONES AND FOR ENSURING THAT THE LOCATION OR RELOCATION OF ANY GOVERNMENT
OWNED SHOOTING RANGE MEETS ALL OF THE FOLLOWING CRITERIA:
1. THE LOCATION OR RELOCATION IS IN THE BEST INTEREST OF THE USERS OF
THE SHOOTING RANGE AND OTHER PARTIES AFFECTED BY THE USE OF THE RANGE.
2. THE NEW SHOOTING RANGE WILL BE OPERATED IN A SAFE MANNER THAT DOES
NOT POSE A RISK TO THE PUBLIC OR THE ENVIRONMENT.
D. THE DIRECTOR OF THE ARIZONA GAME AND FISH DEPARTMENT SHALL CONSULT
WITH THE STATE LAND COMMISSIONER TO IDENTIFY ELIGIBLE STATE TRUST LAND
SUITABLE FOR THE LOCATION OR RELOCATION OF SHOOTING RANGES.
E. THE DIRECTOR OF THE ARIZONA GAME AND FISH DEPARTMENT MAY ACCEPT AND
SPEND PRIVATE GRANTS, GIFTS AND CONTRIBUTIONS TO ASSIST IN CARRYING OUT THE
PROVISIONS OF THIS SECTION.
Sec. 2. Section 42-5029, Arizona Revised Statutes, is amended to read:
A. The department shall transmit all revenues collected under this article and articles 5, 8 and 9 of this chapter to the state treasurer pursuant to section 42-1116, separately accounting for payments of estimated tax under section 42-5014, subsection D and revenues collected pursuant to section 42-5070. The state treasurer shall credit payments of estimated tax to an estimated tax clearing account and each month shall transfer all monies in the estimated tax clearing account to a fund designated as the transaction privilege and severance tax clearing account on notification by the department of the allocation of monies. The state treasurer shall credit all other payments to the transaction privilege and severance tax clearing account, separately accounting for the monies designated as distribution base under sections 42-5010, 42-5205, 42-5353 and 42-5409. Each month the department shall report to the state treasurer the amount of monies collected pursuant to this article and articles 5, 8 and 9 of this chapter.
B. Each month the state treasurer shall distribute the monies deposited in the transaction privilege and severance tax clearing account in the manner prescribed by this section and by sections 42-5205, 42-5353 and 42-5409, after deducting warrants drawn against the account pursuant to sections 42-1118 and 42-1254.
C. Of the monies designated as distribution base the state treasurer shall:
1. Pay twenty-five per cent to the various incorporated municipalities in this state in proportion to their population as shown by the last United States decennial or special census, or revisions to the decennial or special census certified by the United States bureau of the census, to be used by the municipalities for any municipal purpose.
2. Pay 38.08 per cent to the counties in this state by averaging the following proportions:
(a) The proportion that the population of each county bears to the total state population, as shown by the most recent United States decennial or special census, or revisions to the decennial or special census certified by the United States bureau of the census.
(b) The proportion that the distribution base monies collected during the calendar month in each county under this article, section 42-5205, subsection B and sections 42-5353 and 42-5409 bear to the total distribution base monies collected under this article, section 42-5205, subsection B and sections 42-5353 and 42-5409 throughout the state for the calendar month.
3. Pay an additional 2.43 per cent to the counties in this state as follows:
(a) Average the following proportions:
(i) The proportion that the assessed valuation used to determine secondary property taxes of each county, after deducting that part of the assessed valuation that is exempt from taxation at the beginning of the month for which the amount is to be paid, bears to the total assessed valuations used to determine secondary property taxes of all the counties after deducting that portion of the assessed valuations that is exempt from taxation at the beginning of the month for which the amount is to be paid. Property of a city or town that is not within or contiguous to the municipal corporate boundaries and from which water is or may be withdrawn or diverted and transported for use on other property is considered to be taxable property in the county for purposes of determining assessed valuation in the county under this item.
(ii) The proportion that the distribution base monies collected during the calendar month in each county under this article, section 42-5205, subsection B and sections 42-5353 and 42-5409 bear to the total distribution base monies collected under this article, section 42-5205, subsection B and sections 42-5353 and 42-5409 throughout the state for the calendar month.
(b) If the proportion computed under subdivision (a) of this paragraph for any county is greater than the proportion computed under paragraph 2, the state treasurer shall compute the difference between the amount distributed to that county under paragraph 2 and the amount that would have been distributed under paragraph 2 using the proportion computed under subdivision (a) of this paragraph and pay that difference to the county from the amount available for distribution under this paragraph. Any monies remaining after all payments under this subdivision shall be distributed among the counties according to the proportions computed under paragraph 2.
4. After any distributions required by sections 42-5030, 42-5030.01, 42-5031 and 42-5032, and after making any transfer to the water quality assurance revolving fund as required by section 49-282, subsection B, credit the remainder of the monies designated as distribution base to the state general fund. From this amount the legislature shall annually appropriate to:
(a) The department of revenue sufficient monies to administer and enforce this article and articles 5, 8 and 9 of this chapter.
(b) The department of economic security monies to be used for the purposes stated in title 46, chapter 1.
(c) The tourism fund an amount equal to the sum of the following:
(i) Two million dollars.
(ii) Seventy-five per cent of the amount by which revenues derived from a one-half percentage rate portion of the total tax rate imposed on the transient lodging classification for the current fiscal year exceed the revenues derived from a one-half percentage rate portion of that tax in the previous fiscal year.
(d) The Arizona arts endowment fund established by section 41-986, the full amount by which revenues derived from the amusement classification pursuant to section 42-5073 for the current fiscal year exceed the revenues that were derived from that classification in fiscal year 1993-1994, except that this amount shall not exceed two million dollars in any fiscal year. This subdivision applies for fiscal years through June 30, 2007.
D. The state treasurer shall credit the remainder of the monies in the transaction privilege and severance tax clearing account to the state general fund, subject to any distribution required by section 42-5030.01.
E. Notwithstanding subsection C of this section, if a court of competent jurisdiction finally determines that tax monies distributed under this section were illegally collected under this article or articles 5, 8 and 9 of this chapter and orders the monies to be refunded to the taxpayer, the department shall compute the amount of such monies that was distributed to each city, town and county under this section. The department shall notify the state treasurer of that amount plus the proportionate share of additional allocated costs required to be paid to the taxpayer. Each city's, town's and county's proportionate share of the costs shall be based on the amount of the original tax payment each municipality and county received. Each month the state treasurer shall reduce the amount otherwise distributable to the city, town and county under this section by one thirty-sixth of the total amount to be recovered from the city, town or county until the total amount has been recovered, but the monthly reduction for any city, town or county shall not exceed ten per cent of the full monthly distribution to that entity. The reduction shall begin for the first calendar month after the final disposition of the case and shall continue until the total amount, including interest and costs, has been recovered.
F. On receiving a certificate of default from the greater Arizona development authority pursuant to section 41-1554.06 or 41-1554.07 and to the extent not otherwise expressly prohibited by law, the state treasurer shall withhold from the next succeeding distribution of monies pursuant to this section due to the defaulting political subdivision the amount specified in the certificate of default and immediately deposit the amount withheld in the greater Arizona development authority revolving fund. The state treasurer shall continue to withhold and deposit the monies until the greater Arizona development authority certifies to the state treasurer that the default has been cured. In no event may the state treasurer withhold any amount that the defaulting political subdivision certifies to the state treasurer and the authority as being necessary to make any required deposits then due for the payment of principal and interest on bonds of the political subdivision that were issued before the date of the loan repayment agreement or bonds and that have been secured by a pledge of distributions made pursuant to this section.
APPROVED BY THE GOVERNOR MAY 19, 1999.
FILED IN THE OFFICE OF THE SECRETARY OF STATE MAY 19, 1999.
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