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  House Engrossed Senate Bill
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  State of Arizona
  Senate
  Forty-fifth Legislature
  First Regular Session
  2001
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      SENATE BILL 1251
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AN ACT

AMENDING SECTION 28-8202, ARIZONA REVISED STATUTES; AMENDING LAWS 1997, FIRST SPECIAL SESSION, CHAPTER 3, SECTION 5, AS AMENDED BY LAWS 1999, FIRST SPECIAL SESSION, CHAPTER 3, SECTION 9; PROVIDING FOR THE DELAYED REPEAL OF LAWS 1997, FIRST SPECIAL SESSION, CHAPTER 3, SECTION 5, AS AMENDED BY LAWS 1999, FIRST SPECIAL SESSION, CHAPTER 3, SECTION 9; RELATING TO FLIGHT PROPERTY TAX.

(TEXT OF BILL BEGINS ON NEXT PAGE)

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

Section 1. Section 28-8202, Arizona Revised Statutes, is amended to read:

28-8202. State aviation fund; report

A. A state aviation fund is established consisting of the following:

1. Aviation fuel taxes or motor vehicle fuel taxes deposited by the department.

2. Monies deposited by the department as a result of the sale of an abandoned aircraft as defined in section 28-8243 or seized aircraft.

3. The amount of flight property tax that the department of revenue has deposited pursuant to section 42-14255.

4. Registration fees, license taxes and penalties collected pursuant to article 4 of this chapter.

5. Monies received by the department from the operation of airports under this article and articles 2 through 5 of this chapter.

B. On notice from the department, the state treasurer shall invest and divest monies in the state aviation fund as provided by section 28-6546, and monies earned from investment shall be credited to the fund.

C. The department shall administer monies that are appropriated by the legislature from the state aviation fund.

D. The board shall distribute monies appropriated to the department from the state aviation fund for planning, design, development, acquisition of interests in land, construction and improvement of publicly owned and operated airport facilities in counties and incorporated cities and towns. The board shall distribute these monies according to the needs for these facilities as determined by the board. NO MORE THAN TEN PER CENT OF THE TOTAL AVIATION FUND MAY BE AWARDED TO ANY ONE AIRPORT IN ANY FISCAL YEAR. For purposes of this subsection, "publicly owned and operated airport facility" means an airport and appurtenant facilities in which one or more agencies, departments or instrumentalities of this state or a city, town or county of this state holds an interest in the land on which the airport is located that is clear of any reversionary interest, lien, easement, lease or other encumbrance that might preclude or interfere with the possession, use or control of the land for public airport purposes for a minimum period of twenty years.

Sec. 2. Laws 1997, first special session, chapter 3, section 5, as amended by Laws 1999, first special session, chapter 3, section 9, is amended to read:

Sec. 5. Flight property tax; distribution of monies

Notwithstanding section 42-14255, subsection A, Arizona Revised Statutes, THROUGH JUNE 30, 2003, the state treasurer shall deposit fifty per cent of the revenues from the flight property tax in the state general fund and fifty per cent in the aviation fund.

Sec. 3. Delayed repeal

Laws 1997, first special session, chapter 3, section 5, as amended by Laws 1999, first special session, chapter 3, section 9 and this act, is repealed from and after June 30, 2003.