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REFERENCE TITLE: Rio Nuevo; shared revenue |
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State of Arizona House of Representatives Forty-seventh Legislature Second Regular Session 2006
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HB 2702 |
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Introduced by Representatives Huffman, Bradley, Cajero Bedford, Hershberger, Lopes, Paton, Prezelski, Weiers J, Senators Aboud, Bee, Garcia, Hellon: Representatives Burns J, Lopez L, McClure, Senator Soltero
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AN ACT
Amending sections 42-5031 and 48-4204, Arizona Revised Statutes; relating to multipurpose facility districts.
(TEXT OF BILL BEGINS ON NEXT PAGE)
Be it enacted by the Legislature of the State of Arizona:
Section 1. Section 42-5031, Arizona Revised Statutes, is amended to read:
42-5031. Distribution of multipurpose facility revenues to district
A. Subject to the requirement requirements of subsection D of this section, if a county stadium district is authorized by an election pursuant to section 48‑4237, subsection F, paragraph 5 to use the amounts paid to the district pursuant to subsection B of this section as permitted by law, then after delivery of a resolution of the district board of directors requesting payment, which resolution shall contain notice of the exercise of the option to begin payments provided for in this subsection, the state treasurer shall pay each month, beginning with the second calendar month after the optional payment commencement event contained in the resolution, from the amount designated as distribution base pursuant to section 42‑5029, subsection D, the amount determined under subsection B of this section to the district. Payments under this section shall continue for ten forty years after either the commencement or the completion of construction of the primary component of the multipurpose facilities, at the option of the district.
B. The amount to be paid each month under subsection A of this section is one-half of the amount of state transaction privilege tax revenues received in the second preceding calendar month from all persons conducting business under any business classification under this article at a multipurpose facility site, or in the construction of a multipurpose facility, the public or district owned components of which cost at least two hundred million dollars to construct. In no event shall the amount to be paid each month under this section exceed the net new state transaction privilege tax revenues received from the multipurpose facility site as compared to the revenues received in the same month during the twelve months prior to the month in which the public vote pursuant to section 48‑4237 is held.
C. The primary component, as defined described in section 48‑4201, shall be constructed during the first phase of the project.
D. To qualify for payments under this section, the municipality in which the multipurpose facility site is located must either obtain voter approval for a local transaction privilege tax to pay costs associated with a multipurpose facility, or make a financial commitment by intergovernmental agreement between the municipality and the district either to make, or cause another governmental entity to make, direct payments to the district from any lawful source, including municipal transaction privilege tax taxes or to expend, or cause another governmental entity to expend, monies for land, infrastructure or other improvements directly related to the multipurpose facility or the multipurpose facility site, or in the district, by the end of the ten forty year period referred to in subsection A of this section in an aggregate amount equal to the amount received by the district pursuant to this section.
E. If the municipality in which the multipurpose facility site is located fails to satisfy the obligations of the municipality pursuant to subsection D of this section, then beginning six months after the end of the ten forty year period referred to in subsection A of this section, distributions otherwise payable to the municipality pursuant to subsection C of section 42‑5029, subsection C shall be reduced by an amount equal to the excess of the amount received by the district pursuant to this section over the amount paid or expended by the municipality. The amount of the reduction shall be distributed to the district to satisfy the financial commitment of the municipality pursuant to subsection D of this section.
F. To comply with the requirements of this section, the county stadium district board of directors of or any city or town that is part of the county stadium district shall supply the department with all requested information necessary to administer this section.
Sec. 2. Section 48-4204, Arizona Revised Statutes, is amended to read:
48-4204. Constructing and operating a stadium and other structures; regulating alcoholic beverages
A. From the taxes and surcharges levied pursuant to article 2 of this chapter for use with respect to major league baseball spring training, the district may acquire land and construct, finance, furnish, maintain, improve, operate, market and promote the use of existing or proposed major league baseball spring training facilities or stadiums and other structures, utilities, roads, parking areas or buildings necessary for full use of the training facilities or stadiums for sports and other purposes and do all things necessary or convenient to accomplish those purposes. The board shall require that any project undertaken by the district include financial participation from the county or municipality in which the project is located, from a private party or from any combination of these entities which equals or exceeds one-half of the amount to be expended or distributed by the district. Capital improvement funds expended at any time after June 1, 1991 by a county, municipality or private party for a purpose authorized by this section may be deemed financial participation with respect to any project the district may undertake.
B. From the taxes and charges levied or identified pursuant to section 48‑4237 for use with respect to multipurpose facilities and from other monies lawfully available to the district, the district may acquire land, including by eminent domain consistent with the requirements of section 48‑4206, and construct, finance, furnish, maintain, improve, operate, market and promote the use of multipurpose facilities and other structures, utilities, roads within and adjacent to the district to serve any incidental and necessary project in the district, parking areas or buildings necessary for full use of the multipurpose facilities and do all things necessary or convenient to accomplish those purposes. Public funds identified in section 48‑4237, including funds distributed pursuant to section 42‑5031, may only be used for the components for a multipurpose facility which are owned by the district or which are publicly owned.
C. Title 34 applies to the district, except that regardless of the funding source for design and construction of facilities and structures the district may establish alternative systems and procedures, including the use of the design-build method of construction or the use of qualifications-based selection of contractors with experience in stadium design or construction, to expedite the design and construction of any of its facilities or structures or any facilities or structures leased to it or used by it pursuant to an intergovernmental agreement. For the purposes of this subsection:
1. "Design-build" means a process of entering into and managing a contract between the district and another party in which the other party agrees to both design and build a structure, a facility or other items specified in the contract.
2. "Qualifications-based selection" means a process of entering into and managing a contract between the district and another party in which the other party is selected by the district on the basis of the party's qualifications and experience in designing or constructing facilities, structures or other items similar to those the district is authorized to construct or lease. The other party may be selected by direct selection or by public competition.
D. For purposes of financing, designing, constructing or operating facilities or structures, the district is not the agent of any municipality participating in the funding of such facilities or structures.
E. Subject to the requirements of title 4, the board of directors may permit and regulate the sale, use and consumption of alcoholic beverages at events held on property acquired, leased or subleased under this article.