5-839. Car rental surcharge
A. The qualified electors residing in the authority, by majority vote at an election held in the authority, may levy and, if levied, the department of revenue shall collect a car rental surcharge beginning on the first day of the first month beginning ninety days after the election to levy the surcharge. The surcharge shall be in effect for three hundred sixty months.
B. The rate of the surcharge is:
1. Three and one-fourth per cent of the gross proceeds or gross income from the business or two dollars fifty cents on each lease or rental, whichever is more.
2. In the case of a person who leases or rents the motor vehicle as a temporary replacement motor vehicle, two dollars fifty cents on each lease or rental. For the purposes of this paragraph, " temporary replacement motor vehicle" means a vehicle loaned by a motor vehicle repair facility or dealer or rented by a person temporarily to use while the vehicle that it is replacing is not in use because of breakdown, repair, service, damage or loss.
C. The surcharge applies to the business of leasing or renting for less than one year motor vehicles for hire without a driver, that are designed to operate on the streets and highways of this state and that are primarily intended to carry not more than fourteen passengers, regardless of whether the vehicle is registered or licensed in this state.
D. The surcharge does not apply to the lease or rental of a motor vehicle:
1. To an automobile dealership, a repair facility, an insurance company or any other person that provides that vehicle at no charge to a person whose own motor vehicle is being repaired, adjusted or serviced.
2. Used in an employee vanpool arrangement for a group of at least seven but not more than fourteen passengers including a driver who meets all of the following conditions:
(a) The driver operates the motor vehicle for the purpose of commuting between the driver's residence and place of employment.
(b) The driver operates the motor vehicle under a prearranged schedule for transporting the passengers between their residences and place of employment.
(c) The driver's operation of the motor vehicle is voluntary and not required as a work responsibility or condition of employment.
(d) The driver receives no compensation other than free transportation between the driver's residence and place of employment, plus limited personal use of the motor vehicle consisting of not more than twenty per cent of the mileage use of the motor vehicle for either:
(i) Purposes other than transporting passengers between their residences and place of employment.
(ii) Travel between the passengers' residences and place of employment in which passengers transported constitute less than one-half of the adult seating capacity of the motor vehicle, not including the driver.
E. The surcharge is not taxable under section 42-5071.
F. Unless the context otherwise requires, section 42-6102 governs the administration of a surcharge imposed under this section, which shall be reported on a form prescribed by the department of revenue. The department of revenue shall require a report of the number of lease or rental transactions and shall transmit that number to the state treasurer.
G. Each month the state treasurer shall distribute revenues collected pursuant to this section as follows:
1. Transmit an amount equal to two dollars fifty cents on each lease or rental transaction to the county stadium district established in the county in which the authority is located pursuant to title 48, chapter 26 for deposit in the county stadium district fund. The board of directors of the county stadium district may pledge all or part of these monies to secure district bonds or financial obligations under title 48, chapter 26.
2. Pay the remainder of the monies collected during the month to the authority for deposit in the tourism revenue clearing account established by section 5-835.
Structure Arizona Revised Statutes
Title 5 - Amusements and Sports
§ 5-102 - Arizona racing commission; members; appointment; terms
§ 5-103.01 - Prohibited activities
§ 5-104 - Arizona racing commission; director; division; powers and duties
§ 5-104.01 - Audits and special investigations; exemption
§ 5-105 - Appointment of personnel; tests; reports; detention of animals; testing facilities
§ 5-106 - Supervisor of mutuels; pari-mutuel auditors; other employees; stewards
§ 5-107.02 - Qualification for eligibility of racing meeting operator
§ 5-107.03 - Separate financial records of permittee and concessionaire; violations
§ 5-108 - Issuance of permit or license; grounds for refusal to issue; nontransferable; renewal
§ 5-108.02 - Revocation of permits; penalties
§ 5-108.04 - Restrictions on loans; exemptions
§ 5-108.05 - Revocation and suspension of licenses; probation; civil penalties; exception
§ 5-109 - Identification of animals; exemptions
§ 5-109.01 - Requirements of permittee regarding Arizona bred horses; powers of commission
§ 5-110 - Racing days, times and allocations; emergency transfer; county fairs; charity days
§ 5-111 - Wagering percentage to permittee and state; exemptions
§ 5-111.01 - Breakage; definition; tax; disposition
§ 5-111.04 - Repayment of nonapproved expenditures of capital monies; judicial review
§ 5-112.01 - Defense to a charge of false arrest
§ 5-113 - Disposition of revenues and monies; funds; committee
§ 5-113.01 - Racing regulation fund; exemption
§ 5-114 - Races exclusively for Arizona bred horses; breeders' awards; certification; fee
§ 5-115 - Violation; classification; civil penalties
§ 5-117 - Ejection or exclusion from racing meeting or racetrack enclosure; due process; rules
§ 5-118 - Authorization to own or lease new additional wagering facilities; written consent
§ 5-131 - Compact; authority to join
§ 5-222 - Application of this chapter
§ 5-224 - Division of boxing and mixed martial arts regulation; powers and duties
§ 5-225 - Regulation of boxing contests, tough man contests and mixed martial arts
§ 5-226 - Levy of tax on gross receipts; disposition; verification and financial audit; definition
§ 5-227 - Jurisdiction of commission
§ 5-228 - Persons required to procure licenses; requirements; background information; fee; bond
§ 5-229 - Promoters; licenses; bond; proof of financial responsibility
§ 5-230 - License fees; expiration; renewal
§ 5-231 - Financial interest in boxer prohibited
§ 5-234 - Attendance by peace officers; duty of chief of police or sheriff
§ 5-235.01 - Disciplinary action; grounds; civil penalty; emergency suspension; injunction
§ 5-236 - Violation; classification
§ 5-237 - Selection of referees
§ 5-238 - Sham boxing; withholding a purse
§ 5-302 - Application of chapter
§ 5-311 - Powers and duties of the commission
§ 5-321 - Numbering; registration fees; exemption from taxation; penalty; procedures
§ 5-321.01 - Staggered watercraft registration; rules
§ 5-322 - Motorized watercraft to be numbered; exceptions
§ 5-325 - Investment of temporary monies; earned interest
§ 5-326 - Nonresidents; registration; payment of fees; exemption
§ 5-327 - Nonresident boating safety infrastructure fees
§ 5-331 - Personal flotation devices; requirements; exception
§ 5-333 - Classification of watercraft; lights
§ 5-343 - Speed restrictions; excessive wake
§ 5-347 - Interference with navigation or launching areas
§ 5-348 - Dumping refuse, rubbish or debris on waterways
§ 5-349 - Watercraft casualties; violation; classification
§ 5-350 - Personal watercraft; requirements for operation; definition
§ 5-361 - Uniform navigational marking of waters; intergovernmental agreements
§ 5-371 - Boat liveries; requirements
§ 5-382 - State lake improvement fund; administration; report
§ 5-391 - Enforcement; violation; classification
§ 5-392 - Seizure and forfeiture of watercraft
§ 5-393 - Inspection for stolen watercraft; violation; classification
§ 5-395.02 - Admissibility of breath test or other records
§ 5-395.03 - Test for alcohol concentration or drug content; refusal; civil penalty
§ 5-395.04 - Preliminary breath tests; authority
§ 5-398 - Reimbursement of incarceration costs
§ 5-398.01 - Waiver of fine, surcharge or assessment
§ 5-398.02 - Records of convictions and judgments; abstract of record; reports
§ 5-399.01 - Abandoned watercraft; notice of intent to transfer ownership
§ 5-399.02 - Unclaimed watercraft; transfer of ownership; violation; classification
§ 5-399.03 - Abandoned watercraft processing rules; fees
§ 5-402 - Licensing authority; powers; duties
§ 5-403 - Qualification for license; renewal; transfer
§ 5-403.01 - License location transfers
§ 5-404 - Application for license
§ 5-405 - Form of license; display
§ 5-406 - Persons allowed to conduct games; premises; equipment; expenses; compensation
§ 5-407 - Statement of receipts; expenses; penalty
§ 5-408 - Examination of books and records
§ 5-409 - Forfeiture of license; ineligibility to apply for license; classification
§ 5-410 - Violation; classification
§ 5-411 - Credentials and authority of employees of the licensing authority
§ 5-412 - Preemption by state of bingo taxation
§ 5-413 - License classification; requirements
§ 5-415 - Excessive gross receipts; change of license class
§ 5-532 - Authorization of state lottery revenue bonds
§ 5-533 - Issuance and sale of bonds; state lottery revenue bond proceeds fund; use of bond proceeds
§ 5-534 - State lottery revenue bond debt service fund
§ 5-535 - Securing principal and interest; refunding bonds
§ 5-537 - Bond purchase; cancellation
§ 5-539 - Investment of monies; funds
§ 5-541 - Effect of changing circumstances of bonds; agreement of state
§ 5-543 - State officials to comply with agreements
§ 5-553 - Executive director; appointment
§ 5-554 - Commission; director; powers and duties; definitions
§ 5-555 - Apportionment of revenue
§ 5-556 - Powers and duties of director
§ 5-557 - Monthly reports; annual reports
§ 5-558 - Studies and investigations
§ 5-559 - Contracts; limitation; restrictions
§ 5-560 - Security operations; powers; peace officer status
§ 5-561 - Department of public safety; investigation; authority; payment
§ 5-562 - Licenses to sell tickets or shares; fee; conditions; definitions
§ 5-562.01 - Prosecution; payment of costs
§ 5-563 - Right to prize not assignable; exceptions
§ 5-564 - Sale at unauthorized price or by unauthorized persons; violation; classification
§ 5-565 - Sale of tickets or shares to underage persons; violation; classification
§ 5-565.02 - Purchase of lottery tickets or shares by minors
§ 5-566 - Alteration of lottery tickets; violation; classification
§ 5-567 - Purchase of tickets and receipt of prizes by certain persons prohibited
§ 5-568 - Disposition of unclaimed prize money
§ 5-569 - Lottery redemption agents
§ 5-570 - Award of prize to certain persons prohibited
§ 5-572 - Use of monies in state lottery fund; report
§ 5-575 - Prizes; setoff for debts to state agencies; definitions
§ 5-576 - Lottery; advertising; professional sports; prohibition
§ 5-601 - Gambling on Indian reservations; tribal-state compacts; tribal-state compact fund
§ 5-601.02 - New standard form of tribal-state gaming compact; effects
§ 5-602 - Gaming certification and enforcement; powers; duties; deputy director
§ 5-602.01 - Rules; civil penalties
§ 5-603 - Department of gaming investigators; peace officer status
§ 5-605 - Tribal-state compacts; 2021 compact trust fund; annual report; definition
§ 5-702 - Posting passenger information signs
§ 5-703 - Posting ski information signs
§ 5-704 - Additional duties of ski area operators
§ 5-705 - Duties of skiers in any action against the ski area operator
§ 5-706 - Release of liability
§ 5-802 - Formation of authority
§ 5-804 - Administrative powers and duties
§ 5-805 - Executive director; duties
§ 5-806 - Gift ban; principals and lobbyists; exemptions
§ 5-807 - Constructing and operating multipurpose facility
§ 5-808 - Major league baseball spring training facilities; local financial participation
§ 5-810 - Regulating sale, use and consumption of alcoholic beverages
§ 5-811 - Conflicts of interest; violation; classification
§ 5-813 - Disadvantaged business enterprise participation goals; contractor employment requirements
§ 5-814 - Monthly report; appearance before joint legislative budget committee
§ 5-815 - Intercollegiate football national championship and playoff games
§ 5-832 - General fund; investments
§ 5-833 - Construction account
§ 5-834 - Facility revenue clearing account
§ 5-835 - Tourism revenue clearing account
§ 5-837 - Cactus league promotion account
§ 5-838 - Youth and amateur sports facilities account; reserve
§ 5-839 - Car rental surcharge
§ 5-1132 - General fund; investments
§ 5-1133 - Excise tax on car rentals
§ 5-1134 - Excise tax on hotels and motels
§ 5-1135 - Tax on restaurants and bars
§ 5-1136 - Tax on amusements and sporting events
§ 5-1138 - Administration of tax
§ 5-1139 - Conditional reduction of district taxes
§ 5-1432 - General fund; investments
§ 5-862 - Authorization of bonds
§ 5-863 - Issuance and sale of bonds; notice
§ 5-864 - Bond proceeds subaccount
§ 5-865 - Debt service account
§ 5-866 - Securing principal and interest
§ 5-868 - Bond purchase; cancellation
§ 5-870 - Use of surplus monies
§ 5-871 - Investment of monies in the bond proceeds subaccount
§ 5-872 - Investment of monies in debt service account
§ 5-873 - Authorized investments of monies
§ 5-874 - Deposit and disbursement of monies
§ 5-876 - Effect of changing circumstances on bonds; agreement of state
§ 5-877 - Validity of bonds; legal opinion
§ 5-1162 - Obligation for the bonds
§ 5-1163 - Authorization of bonds
§ 5-1164 - Issuance and sale of bonds
§ 5-1165 - Bond proceeds account
§ 5-1166 - Debt service account
§ 5-1167 - Securing principal and interest
§ 5-1169 - Bond purchase for cancellation
§ 5-1171 - Investment of monies in the bond proceeds account
§ 5-1172 - Investment of monies in the debt service account
§ 5-1173 - Authorized investment of monies
§ 5-1174 - Deposit and disbursement of monies
§ 5-1175 - Characteristics of bonds; negotiability; legal investments; exemption from taxation
§ 5-1176 - Effect of changing circumstances on bonds; agreement of state
§ 5-1177 - Validity of bonds; legal opinion
§ 5-1462 - Obligations for the bonds
§ 5-1463 - Authorization of bonds
§ 5-1464 - Issuance and sale of bonds
§ 5-1465 - Bond proceeds account
§ 5-1466 - Debt service account
§ 5-1467 - Securing principal and interest
§ 5-1469 - Bond purchase for cancellation
§ 5-1471 - Investment of monies in the bond proceeds account
§ 5-1472 - Investment of monies in the debt service account
§ 5-1473 - Authorized investment of monies
§ 5-1474 - Deposit and disbursement of monies
§ 5-1475 - Characteristics of bonds; negotiability; legal investments; exemption from taxation
§ 5-1476 - Effect of changing circumstances on bonds; agreement of state
§ 5-1477 - Validity of bonds; legal opinion
§ 5-1102 - Formation of district; board of directors; duties
§ 5-1103 - Sports authority; establishment; authority board
§ 5-1104 - Sports authority plan; authority board powers and duties; advisory board
§ 5-1105 - Executive director; duties
§ 5-1106 - Major league baseball spring training facilities; local financial participation
§ 5-1107 - Youth sports and recreation; local financial participation
§ 5-1108 - Gift ban; exemptions
§ 5-1109 - Regulating sale, use and consumption of alcoholic beverages
§ 5-1110 - Conflicts of interest
§ 5-1112 - Quarterly report; appearance before joint legislative budget committee
§ 5-1202 - Fantasy sports contests; exceptions; rules; licensure
§ 5-1203 - Prohibited employees; procedures and controls
§ 5-1204 - Financial responsibility
§ 5-1205 - Prohibitions; exception
§ 5-1206 - Problem gambling; self-exclusion list; program; liabilities
§ 5-1207 - Department of gaming; authority
§ 5-1209 - Revocation, suspension or denial of license; grounds; definitions
§ 5-1210 - Violations; classification; penalties
§ 5-1212 - Fantasy sports contest fund
§ 5-1213 - Conditional enactment; notice
§ 5-1302 - Department of gaming; powers; duties
§ 5-1303 - Event wagering; license required; exception
§ 5-1304 - Licensure; application
§ 5-1305 - License review; approval; fees; material change; exemption; display; transferability
§ 5-1306 - License revocation; suspension; denial; grounds; definitions
§ 5-1307 - Limited event wagering operator licenses; definition
§ 5-1309 - Management services provider license
§ 5-1311 - License restrictions; prohibited licensees; violation; classification
§ 5-1314 - Event wagering authorized
§ 5-1316 - Integrity; reporting prohibited or suspicious conduct; investigations
§ 5-1317 - Sports governing body agreements
§ 5-1318 - Fees; event wagering fund
§ 5-1319 - Financial responsibility
§ 5-1320 - Problem gambling; self-exclusion list; program; liabilities
§ 5-1321 - Conditional enactment; notice
§ 5-1402 - Formation of authority
§ 5-1404 - Administrative powers and duties
§ 5-1405 - Executive director; duties
§ 5-1406 - Conflicts of interest
§ 5-1407 - Gift ban; exemption
§ 5-1408 - Regulating sale, use and consumption of alcoholic beverages
§ 5-1409 - Annual report; appearance before joint legislative budget committee