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Action   3.
Jail District Board of Directors Meeting
Board of Supervisors
Meeting Date:
06/03/2025
Title:
Resolution ending the collection of the Cochise County Jail District Excise Tax
Submitted By:
Lara Loewenheim, Board of Supervisors
Department:
Board of Supervisors
Presentation:
No A/V Presentation
Recommendation:
Document Signatures:
# of ORIGINALS
Submitted for Signature:
NAME
of PRESENTER:
Sharon Gilman
TITLE
of PRESENTER:
Interim County Administrator
Mandated Function?:
Source of Mandate
or Basis for Support?:

Agenda Item Text:

Adopt Jail District Resolution No. 25-02 Ending the Collection of the Cochise County Jail District Excise Tax.

Background:

Pursuant to Arizona Revised Statutes § 48-4001 and § 48-4021, the Cochise County Jail District was established by Resolution 22-29 on November 15, 2022, subject to voter approval of an excise tax. An election was held on May 16, 2023, and following canvass and certification of results, the Board of Directors adopted Resolution 23-02, which directed the Arizona Department of Revenue to collect the excise tax effective January 1, 2024.

Subsequently, litigation was filed challenging the validity of the jail district election. The case, Daniel LaChance, et al., vs County of Cochise, Cochise County Jail District, Board of Supervisors, et al., has been settled and dismissed by the Cochise County Superior Court. As part of the settlement, the Cochise County Jail District has agreed to end the collection of the excise tax until a new election is held that addresses the identified issues.

This resolution formalizes that commitment by directing the Arizona Department of Revenue to cease collection of the Cochise County Jail District excise tax effective July 31, 2025, unless otherwise directed by the Board.

Department's Next Steps (if approved):

Notify the Department of Revenue.

Impact of NOT Approving/Alternatives:

The excise tax will continue to be collected.

To BOS Staff: Document Disposition/Follow-Up:

Record resolution.

Fiscal Impact

Attachments