28-6543

28-6543. Local revenues; requirements

A. Each fiscal year a county with a population of more than four hundred thousand persons or an incorporated city or town with a population of more than thirty thousand persons that is located in such a county shall:

1. Budget and spend local revenues as defined in article IX, section 20, Constitution of Arizona, for street and highway purposes in an amount at least equal to the average amount of local revenues budgeted and spent for these purposes in any four of the five fiscal years during the period beginning with fiscal year 1981-1982 and ending with fiscal year 1985-1986.

2. Through its chief financial officer, certify in writing to the department whether or not the county, city or town has complied with the requirements of paragraph 1 of this subsection.

3. File the certification on or before December 31 after the completion of each fiscal year.

B. Failure to certify as required by subsection A, paragraph 2 of this section is a failure to comply with subsection A, paragraph 1 of this section.

C. In determining the amount of local revenues budgeted and spent for street and highway purposes during a fiscal year pursuant to subsection A of this section, a county or incorporated city or town shall not consider any of the following:

1. Monies distributed from the Arizona highway user revenue fund.

2. Monies spent by the county or incorporated city or town for street and highway purposes directly needed by an emergency declared by the governor.