AN INITIATIVE MEASURE
PROPOSING AN AMENDMENT TO ARTICLE IX OF THE ARIZONA CONSTITUTION BY ADDING A NEW SECTION 24 RELATING TO A PROHIBITION OF ANY NEW REAL PROPERTY SALE OR TRANSFER TAX IN ARIZONA.
TEXT OF PROPOSED AMENDMENT
Be it enacted by the People of the State of Arizona:
1. Article IX, Section 24, Constitution of Arizona is proposed to be added as follows if approved by the voters and on proclamation of the Governor:
ARTICLE IX, SECTION 24, PROHIBITION OF NEW REAL PROPERTY SALE OR TRANSFER TAXES
THE STATE, ANY COUNTY, CITY, TOWN, MUNICIPALITY OR OTHER POLITICAL SUBDIVISION OF THE STATE, OR ANY DISTRICT CREATED BY LAW WITH AUTHORITY TO IMPOSE ANY TAX, FEE, STAMP REQUIREMENT OR OTHER ASSESSMENT, SHALL NOT IMPOSE ANY NEW TAX, FEE, STAMP REQUIREMENT OR OTHER ASSESSMENT, DIRECT OR INDIRECT, ON THE ACT OR PRIVILEGE OF SELLING, PURCHASING, GRANTING, ASSIGNING, TRANSFERRING, RECEIVING, OR OTHERWISE CONVEYING ANY INTEREST IN REAL PROPERTY. THIS SECTION DOES NOT APPLY TO ANY TAX, FEE, OR OTHER ASSESSMENT IN EXISTENCE ON DECEMBER 31, 2007.
2. The Secretary of State shall submit this amendment to the voters at the next general election as provided by Article XXI of the Arizona Constitution.
ANALYSIS BY LEGISLATIVE COUNCIL
Proposition 100 would amend the Arizona Constitution to prohibit the state or any county, city, town or other political subdivision of the state from directly or indirectly imposing any new tax, fee or other assessment on the sale, purchase, transfer or other conveyance of any interest in real property (such as homes and other real estate). This proposed measure would not affect any tax, fee or other assessment in existence prior to this year.
FISCAL IMPACT STATEMENT
State law requires the Joint Legislative Budget Committee (JLBC) Staff to prepare a summary of the fiscal impact of certain ballot measures. Proposition 100 is not estimated to have a direct state or local fiscal impact. The proposition prohibits the imposition of new fees or taxes on the sale or transfer of real property after December 31, 2007. No such new fee or tax has been enacted since that date. The level of foregone revenues cannot be predicted in advance as it would depend on the specific details of a particular tax proposal.