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Bill Number:
Senate Engrossed food;
S.B.
municipal tax;
1063 Borrelli Floor Amendment Reference to:
exemption...
Printed Bill Amendment drafted by:
State of Arizona Senate Fifty-sixth Legislature First Regular Session SENATE BILL 1063 AN ACT AMENDING SECTION 42-6015, ARIZONA REVISED STATUTES;
Leg Council FLOOR AMENDMENT EXPLANATION 1.
RELATING TO MUNICIPAL TRANSACTION PRIVILEGE TAX.
Delays, from the general effective date to July 1, 2025, the effective date of the municipal food tax prohibition.
(TEXT OF BILL BEGINS ON NEXT PAGE) - i - S.B.
1063 Be it enacted by the Legislature of the State of Arizona:
Section 1.
Section 42-6015, Arizona Revised Statutes, is amended to read:
42-6015.
Municipal transaction privilege tax;
food;
exemption A.
If a city, town or other taxing jurisdiction imposes a transaction privilege, sales, use, franchise or other similar tax or fee, however denominated, on:
1.
The sale of food items intended for human consumption as defined by rule adopted pursuant to section 42-5106 or items prescribed by section 42-5106, subsection D for home consumption, the tax must be applied uniformly with respect to all food, and an additional tax or fee differential may not be assessed or applied with respect to any specific food item.
Makes conforming changes.
the sale of food items intended for human consumption as defined by rule adopted pursuant to section 42-5106 or items prescribed by section 42-5106, subsection D for consumption on the premises, the tax must be applied uniformly with respect to all food items, and an additional tax or fee differential may not be assessed or applied with respect to any specific food item.
Amendment explanation prepared by Molly Graver 02/20/2023 Fifty-sixth Legislature Borrelli First Regular Session S.B.
B.
1063 BORRELLI FLOOR AMENDMENT SENATE AMENDMENTS TO S.B.
A city, town or other taxing jurisdiction may not levy a transaction privilege, sales, use, franchise or other similar tax or fee, however denominated, with respect to:
1063 (Reference to printed bill) Page 2, strike lines 7 through 9, insert:
1.
"Sec.
THE SALE OF FOOD ITEMS INTENDED FOR HUMAN CONSUMPTION AS DEFINED BY RULE ADOPTED PURSUANT TO SECTION 42-5106 OR ITEMS PRESCRIBED BY SECTION 42-5106, SUBSECTION D FOR HOME CONSUMPTION.
1.
Effective date This act is effective from and after June 30, 2025." Amend title to conform SONNY BORRELLI 1063FloorBORRELLI.docx 02/20/2023 12:19 PM C:
The manufacture, wholesale or distribution to or among any wholesalers, distributors or retailers, of food items intended for human consumption as defined by rule adopted pursuant to section 42-5106 or items prescribed by section 42-5106, subsection D for home consumption or for consumption on the premises.
ED - 1 -
2.
3.
Any container or packaging used exclusively for transporting, protecting or consuming food items intended for human consumption as defined by rule adopted pursuant to section 42-5106 or items prescribed by section 42-5106, subsection D for home consumption or for consumption on the premises.
3.
4.
The sale of food or other items purchased with United States department of agriculture food stamp coupons issued under the food stamp act of 1977 (P.L.
95-113;
91 Stat.
958) or food instruments issued under section 17 of the child nutrition act (P.L.
95-627;
92 Stat.
3603;
P.L.
99-661, section 4302;
42 United States Code section 1786) but may impose such a tax consistent with this section on other sales of food.
4.
5.
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The sale of low or reduced-cost articles of food or drink to eligible elderly or homeless persons or persons with a disability by a business subject to tax under the restaurant classification pursuant to section 42-5074 that contracts with the department of economic security - 1 - S.B.
1063 and that is approved by the food and nutrition service of the United States department of agriculture pursuant to the supplemental nutrition assistance program established by the food and nutrition act of 2008 (7 United States Code sections 2011 through 2036c), if the purchases are made with the benefits issued pursuant to the supplemental nutrition assistance program.
Sec.
2.
Effective date This act is effective from and after June 30, 2025.
- 2 -
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