2005 Arizona Revised Statutes - Revised Statutes §28-8103  Special lottery and vehicle license tax monies; fund distribution; notice; proposals; annual financial report; definitions

A. Monies in the local transportation assistance fund pursuant to section 5-522, subsection A, paragraphs 4 and 6 and section 28-5808, subsection C shall be available for distribution by the department to the following in the proportion that the population of each bears to the total population of this state:

1. In each county with a population of one million two hundred thousand or more persons, to the public transportation fund established by section 48-5103.

2. In each county with a population of five hundred thousand or more persons but less than one million two hundred thousand persons, to the metropolitan planning organization in the county.

3. In each county with a population of less than five hundred thousand persons, to cities and towns located in the county and to the county board of supervisors. The distribution to the county board of supervisors shall be based on the unincorporated population of the county.

B. The department shall not distribute more than eighteen million dollars in any one fiscal year as provided in this section. Monies distributed pursuant to this section are exempt from the provisions of section 35-190 relating to lapsing of appropriations.

C. The department shall distribute monies to a public transportation fund or a metropolitan planning organization pursuant to subsection A, paragraphs 1 and 2 of this section when a regional public transportation authority or metropolitan planning organization certifies that its local monies have been spent or are in the process of being spent. The monies distributed pursuant to subsection A, paragraphs 1 and 2 of this section shall be further distributed as matching grants to cities and towns located in the county in the proportion that the population of each city or town bears to the total population in that county and to the board of supervisors in the proportion that the unincorporated population of the county bears to the total population in that county. The monies distributed pursuant to subsection A, paragraph 3 of this section shall be distributed as matching grants to cities, towns and boards of supervisors.

D. Monies distributed pursuant to subsection C of this section shall only be distributed to cities, towns and counties that satisfy the following match requirements:

1. For counties with a population of five hundred thousand or more persons, a match that is at least equal to the amount of grant monies requested by a county.

2. For counties with a population of less than five hundred thousand persons, a match that is at least equal to one-fourth of the amount of grant monies requested by a county.

3. For cities with a population of fifty thousand or more persons, a match that is at least equal to the amount of grant monies requested by a city.

4. For cities or towns with a population of less than fifty thousand persons, a match that is at least equal to one-fourth of the amount of the grant monies requested by a city or town.

E. A regional public transportation authority, a metropolitan planning organization and the department shall notify cities, towns and boards of supervisors within their jurisdictions of the maximum amount of matching grant monies available to them each year pursuant to this section. Each year cities, towns and counties may submit proposals to a regional public transportation authority, a metropolitan planning organization or the department requesting some or all of the matching grant monies available to them in that year. For distributions pursuant to subsection A, paragraph 1 or 2 of this section, each proposal shall certify that the city, town or county will invest local monies in an amount that is at least equal to the amount prescribed in subsection D of this section and shall detail a plan for spending all matching grant and local monies, and if a city, town or county complies with this section, the regional public transportation authority or metropolitan planning organization shall distribute matching grant monies to the city, town or county. For distributions pursuant to subsection A, paragraph 3 of this section, each proposal shall certify that the city, town or county will invest local monies in an amount that is at least equal to the amount prescribed in subsection D of this section and shall detail a plan for spending all matching grant and local monies.

F. Except as provided in subsection G of this section, monies distributed pursuant to this section shall be used only for public transit purposes, including operating and capital purposes, that are determined by the distributing agency to conform with the long-range transportation plan or regional transportation plan.

G. A city, town or county may use monies it receives pursuant to this section for other transportation purposes if it receives less than two thousand five hundred dollars pursuant to this section in a calendar year.

H. On or before November 1 of each year, a regional public transportation authority or metropolitan planning organization that receives monies pursuant to this section shall submit an annual report to the director that contains the following information that is attested to by an independent certified public accountant:

1. A schedule of beginning and ending fund balances.

2. All monies received pursuant to this section and the specific purposes for which they are spent, including whether they are spent for operating or capital purposes.

3. All local matching expenditures made pursuant to this section.

I. On or before January 1 of each year, the director shall submit a report on compliance with the reporting requirements prescribed in this section to the governor, the president of the senate, the speaker of the house of representatives and the joint legislative budget committee. The director's report shall include:

1. A determination of whether each regional public transportation authority and metropolitan planning organization has complied with the reporting requirements prescribed in this section.

2. A summary of the monies allocated to each regional public transportation authority and metropolitan planning organization pursuant to this section in the preceding fiscal year.

3. A summary of local monies spent on public transit pursuant to this section.

J. The director shall notify by certified mail each regional public transportation authority and metropolitan planning organization that is not in compliance with the reporting requirements prescribed in this section of its noncompliance. A regional public transportation authority or metropolitan planning organization that receives this notice shall comply with the reporting requirements prescribed in this section within thirty days after receipt of the notice. If a regional public transportation authority or metropolitan planning organization fails to comply with the reporting requirements prescribed in this section within thirty days after receipt of the notice, it is not eligible to receive any monies pursuant to this section in the next fiscal year.

K. A metropolitan planning organization, city, town or county may enter into an intergovernmental agreement with a federally recognized Indian tribe to provide financial assistance pursuant to this section for maintaining or operating an existing public transit service provided by the Indian tribe.

L. For the purposes of this section:

1. "Local monies" means:

(a) Revenue that is generated by a city, town or county from nonfederal sources and that was first appropriated by the city, town or county for public transit activities in or after fiscal year 1993-1994.

(b) Donations that are received by a city, town or county from nongovernmental sources and that are in the form of monies or in-kind contributions.

2. "Population" means the population of a city, town or county as defined pursuant to section 41-563.

3. "Public transit" means local, regional or intercity transportation of passengers by means of a public conveyance, including para-transit, and local transportation of passengers by car pool vehicle. For the purposes of this paragraph, "car pool vehicle" means any motor vehicle when operated by a car pool operator as defined in section 28-4032.