Phoenix, Arizona
Reduces the monthly revenue sharing derived from
Transaction Privilege Taxation (TPT) to any county that receives monies from
the tobacco Master Settlement Agreement (MSA).
On November 23, 1998, the
attorneys general of 46 states, including Arizona, signed an agreement with the
five largest tobacco manufacturers to settle claims that the financial burdens
connected to cigarette smoking be borne by tobacco product manufacturers rather
than by the states. The financial
conditions of the settlement will provide Arizona with approximately $3.26
billion through FY 2024-2025. On May
30, 2000, the state received its first payments totaling $120 million.
According to Joint Legislative Budget Committee staff, the FY 2000-2001 payment
to the state will be $89.8 million; $108.5 million in FY 2001-2002; $109.8
million in 2002-2003 (which includes the last installment of up-front
payments); and $96.1 million in FY 2003-2004.
Beginning in FY 2004-2005, annual payments will begin to increase
gradually.
In 1999, 11 counties filed a lawsuit against the state to recover funds from the MSA based on the argument that the settlement was based, in part, on expenses these counties have incurred to care for sick smokers. The state countered that the agreement specifically and exclusively lists the states as the beneficiary. This lawsuit is ongoing at the present time.
S.B. 1316 reduces the monthly revenue payments made to these counties in amounts equal to the reduction of settlement funds distributed to the state should the court ultimately rule in favor of the counties.
According to the Department of Revenue, there is no fiscal impact to the state general fund associated with this bill.
1. Requires the state Treasurer to withhold monies generated from TPT which are due to a state political subdivision (county), if the county received payment as a result of the MSA.
2. Prohibits the state Treasurer from withholding monies from a county if the monies are used to make payments on the county’s bonds.
3. Specifies that the withheld monies will be deposited into the tobacco litigation settlement fund.
4. Requires the state Treasurer to withhold monies due to a county until the Attorney General certifies the amount withheld is equal to the amount reduced from the payment made by the tobacco manufacturer to the state.
5. Provides for a general effective date.
Prepared by Senate Staff
February 1, 2001