ARIZONA STATE SENATE
Phoenix, Arizona
FINAL
REVISED
state treasurer; technical
changes
Makes changes to various
administrative policies within the State Treasurer’s Office. Makes technical changes to conform with
existing standards for State Treasurer language.
Urban In-Lieu
Under current statutes, any
municipality that is exempt from property taxes and owns remote property may
pay a voluntary in-lieu payment of property taxes to the county in which the
property is located. In order to allow for the bonding of these monies, the
payments are made to the State Treasurer’s Office and dispersed to the counties
in monthly increments. However, the option to bond the funds has never been
utilized and, according to the State Treasurer’s Office, there is no benefit
from this pass-through function.
Special Taxing Districts
Also under current statute,
all special taxing districts must submit their annual reports to the county
board of supervisors and the State Treasurer’s Office. The State Treasurer’s
Office serves in a library capacity, housing the annual reports without any
oversight or auditing functions. According to the State Treasurer’s Office,
there is no formal connection between special taxing districts and the
Treasurer’s Office and its involvement in this process provides no benefit.
Investments
Currently, several funds are
restricted to investment in bonds or notes bearing the full faith and credit of
the United States. While this restriction is necessary for numerous funds,
several other funds that do not require such language are similarly restricted
limiting investment yields to these funds.
Deferred Property Tax
Since 1997, citizens who meet specific age and income criteria can apply to county assessors to defer their property taxes for the year. If approved, these deferred taxes are certificated and the certificate is then purchased by either the county or State Treasurer’s Office and becomes part of their investment portfolio. A total of six citizens have applied for deferral, and only four have been approved. All of these were in 1999. These four deferrals were for a total of $3,674 in taxes. The costs associated with processing, tracking and ultimately redeeming these deferrals, by both the county and the State Treasurer, exceed the less than $600 in yearly interest they earn as part of the investment portfolio.
Criminal Background Checks
The State Treasurer’s Office
anticipates some employee turnover and is currently unable to request criminal
background checks from the Department of Public Safety (DPS) and would have to
rely on private agencies for criminal background checks.
Technical Corrections
Laws 2000, Chapter 193, made
numerous corrections to fix inaccurate and obsolete statutory language relating
to the State Treasurer’s office. These changes were related to creation of
funds, deposit of monies, investment of monies and various other statutes
related to the State Treasurer’s office.
According to the State
Treasurer’s office, this portion of the bill continues the process of
cleaning-up its statutes.
According to the State
Treasurer’s Office, there is no expected fiscal impact to either the state
general fund or the State Treasurer’s Office as a result of S.B. 1138.
Urban in-lieu
1. Requires that voluntary urban in-lieu payments be made to the county treasurer of the county in which the property is located and not the State Treasurer’s Office.
2. Requires the board of supervisors to notify the city, town or political subdivision of the amount of property taxes that would otherwise be payable on the remote property.
3. Eliminates payment to the state of voluntary payments made by municipalities in-lieu of monies owed to the county for remote property taxes.
4. Eliminates the requirement that the State Treasurer be notified when an urban in-lieu payment is made.
5. Eliminates the requirement that the State Treasurer’s Office deposit these monies into the urban in-lieu payment fund.
6. Repeals the urban in-lieu payment fund effective July 1, 2002.
7. Specifies that all monies remaining in the urban in-lieu payment fund be transferred to the state general fund on June 30, 2002.
Special Taxing Districts
8. Eliminates the requirement that the board of supervisors submit to the State Treasurer a report of all special taxing districts while maintaining the requirement that the report be compiled.
9. Transfers from the State Treasurer to the county board of supervisors the responsibility for submitting to the President of the Senate, the Speaker of the House of Representatives and the Governor an annual report showing the special taxing districts’ compliance with reporting requirements.
10. Transfers from the State Treasurer to the county board of supervisors the responsibility for notifying those districts that are out of compliance.
11. Assigns responsibility to the board of supervisors to assess monies from districts that remain out of compliance for more than 30 days.
12. Eliminates the requirement that the county treasurer transfer to the State Treasurer monies assessed by the board of supervisors and collected by the county treasurer.
13. Specifies that monies collected must be deposited in the county general fund.
Investments
14. Requires that the State Treasurer invest or divest monies in the Arizona Exposition and State Fair fund in obligations issued or guaranteed by the government or any debt of its agencies, corporations or instrumentalities and specifies that all monies earned will be credited back to the Arizona Exposition and State Fair fund.
15. Broadens the allowable investments of the Arizona highway user revenue fund to include any obligations issued or guaranteed by the Untied States or any of its agencies, sponsored agencies, corporations, sponsored corporations or instrumentalities.
16. Requires that the earnings from investments be credited to other funds.
17. Requires upon notice from the director that the State Treasurer invest monies in the local transportation assistance fund and the state aviation fund in commercial bonds and investments other than those for which the full faith and credit of the United States are pledged. Currently these monies may be invested in interest bearing obligations of the United States for which the full faith and credit of the United States are pledged.
18. Eliminates the requirement that all interest earned on monies in the highway user revenue fund be credited to the Arizona highway user revenue fund.
19. Eliminates the Treasurer’s office’s option to accept bids from eligible depositories for certificates of deposit, repurchase agreements and interest bearing savings accounts.
20. Broadens the allowable investments and reinvestments of trust and treasury monies.
21. Broadens the allowable commercial paper investments to those whose issuer is rated in one of the two highest rating categories for short-term obligations by any two nationally recognized statistical rating organizations.
Deferred Residential Property Tax
22. Repeals the deferred residential property tax program.
23. Provides for maintenance of current deferred property tax accounts.
24. Specifies that any property taxes levied after January 1, 2002 are not eligible for the deferred residential property program.
25. Repeals the notification, application and approval processes for the deferred residential property tax program effective January 1, 2002.
Criminal History Reports
26. Allows the State Treasurer to obtain criminal history reports from DPS for use in the hiring of personnel.
27. Extends the delayed repeal of the Treasure’s distribution of revenues to political subdivision in lieu of municipal property tax payments
(Corrects a drafting error by changing the effective date from July 1. 2001 to July 1, 2002)
Miscellaneous
28. Ensures the transfer of funds from transient lodging taxes, amusement taxes and restaurant taxes to the tourism fund beginning on July 1, 2001 in order to blend and conform with existing statutes.
Technical Corrections
29. References the appropriate statutes relating to the State Treasurer’s deposit process.
30. Changes the process from crediting to depositing funds that are moved from the new school facilities fund to the capitol reserve fund.
31. Changes existing bonds, public monies and state highway fund investment language with standardized language recommended by Legislative Council.
32. Repeals language relating to endorsement fund and securities sales.
33. Consolidates exiting language relating to equity investment of trusts and adds language that conforms to Article X of the Arizona State Constitution, which both restricts the stocks eligible for purchase and limits the percentage of a fund that may be invested in equity securities in the same institution to five percent.
34. Eliminates references to appropriations for the deficiencies correction fund, the building renewal fund and the state school facilities revenue bond debt service fund.
35. Specifies that monies resulting from the Arizona Power Authority’s operations are deposited in the Arizona Power Authority fund.
36. Specifies that the percentage of equity investment shall be calculated at cost.
37. Makes numerous technical changes
38. Provides for a general effective date.
Amendments Adopted by Committee of the Whole
Urban In-Lieu
1.
Requires
that voluntary urban in-lieu payments be made to the county treasurer of the
county in which the property is located and not the State Treasurer’s Office.
2.
Requires
the board of supervisors to notify the city, town or political subdivision of
the amount of property taxes that would otherwise be payable on the remote
property.
3.
Eliminates
payment to the state of voluntary payments made by municipalities in-lieu of
monies owed to the county for remote property taxes.
4.
Eliminates
the requirement that the State Treasurer be notified when an urban in-lieu
payment is made.
5.
Eliminates
the requirement that the State Treasurer’s Office deposit these monies into the
urban in-lieu payment fund.
6.
Repeals
the urban in-lieu payment fund effective July 1, 2002.
7.
Specifies
that all monies remaining in the urban in lieu payment fund be transferred to
the state general fund on June 30, 2002.
Special Taxing Districts
8.
Eliminates
the requirement that the board of supervisors submit to the State Treasurer a
report of all special taxing districts while maintaining the requirement that
the report be compiled.
9.
Transfers
from the State Treasurer to the county board of supervisors the responsibility
for submitting to the President of the Senate, the Speaker of the House of
Representatives and the Governor an annual report showing the special taxing
districts’ compliance with reporting requirements.
10.
Transfers
from the State Treasurer to the county board of supervisors the responsibility
for notifying those districts that are out of compliance.
11.
Assigns
responsibility to the board of supervisors to assess monies from districts that
remain out of compliance for more than 30 days.
12.
Eliminates
the requirement that the county treasurer transfer to the State Treasurer
monies assessed by the board of supervisors and collected by the county
treasurer.
13.
Specifies
that monies collected must be deposited in the county general fund.
Investments
14.
Broadens
the allowable investments of the Arizona highway user revenue fund to include
any obligations issued or guaranteed by the Untied States or any of its
agencies, sponsored agencies, corporations, sponsored corporations or
instrumentalities.
15.
Requires
that the earnings from investments be credited to other funds.
16.
Requires
upon notice from the director that the State Treasurer invest monies in the
local transportation assistance fund and the state aviation fund in commercial
bonds and investments other than those for which the full faith and credit of
the United States are pledged. Currently these monies may be invested in
interest bearing obligations of the United States for which the full faith and
credit of the United States are pledged.
17.
Eliminates
the requirement that all interest earned on monies in the highway user revenue
fund be credited to the Arizona highway user revenue fund.
18.
Eliminates
the Treasurer’s Office’s option to accept bids from eligible depositories for
certificates of deposit, repurchase agreements and interest bearing savings
accounts.
19.
Broadens
the allowable investments and reinvestments of trust and treasury monies.
20.
Broadens
the allowable commercial paper investments to those whose issuer is rated in
one of the two highest rating categories for short-term obligations by any two
nationally recognized statistical rating organizations.
Deferred Residential Property Tax
21.
Repeals
the deferred residential property tax program.
22.
Provides
for maintenance of current deferred property tax accounts.
23.
Specifies
that any property taxes levied after January 1, 2002 are not eligible for the
deferred residential property program.
24.
Repeals
the notification, application and approval processes for the deferred
residential property tax program effective January 1, 2002.
Criminal History Reports
25.
Allows
the State Treasurer to obtain criminal history reports from DPS for use in the
hiring of personnel.
Miscellaneous
26.
Ensures
the transfer of funds from transient lodging taxes, amusement taxes and
restaurant taxes to the tourism fund beginning on July 1, 2001 in order to
blend and conform with existing statutes.
1. Requires that the State Treasurer invest or divest monies in the Arizona Exposition and State Fair fund in obligations issued or guaranteed by the government or any debt of its agencies, corporations or instrumentalities and specifies that all monies earned will be credited back to the Arizona Exposition and State Fair fund.
2. Specifies that only senior agency debt is allocated under the expansion of investment authority.
3. Extends the delayed repeal of the Treasurer’s distribution of revenues to a political subdivision in lieu of municipal property tax payments.
(Corrects a drafting error by changing the effective date from July 1, 2001 to July 1, 2002)
4. Corrects an incorrect internal reference.
5. Makes technical and conforming changes.
Senate Action House
Action
FIN 1/22/01 DP 8-0-0-0 WM 3/20/01 DPA 9-0-0-1-0
3rd Read 3/07/01
30-0-0-0 3rd Read 4/02/01 57-0-3-0
Final Read 4/10/01 29-0-1-0
Signed by Governor 4/15/01
Chapter 117
Prepared by Senate Staff
May
31, 2001