Bill Text: MI HB5292 | 2009-2010 | 95th Legislature | Introduced
Bill Title: Sales tax; collections; distribution of sales tax on gasoline; modify, and earmark for road repair. Amends sec. 25 of 1933 PA 167 (MCL 205.75).
Spectrum: Partisan Bill (Republican 6-0)
Status: (Introduced - Dead) 2009-09-09 - Printed Bill Filed 09/03/2009 [HB5292 Detail]
Download: Michigan-2009-HB5292-Introduced.html
HOUSE BILL No. 5292
September 2, 2009, Introduced by Reps. Agema, Genetski, McMillin, Elsenheimer, Meekhof and Knollenberg and referred to the Committee on Transportation.
A bill to amend 1933 PA 167, entitled
"General sales tax act,"
by amending section 25 (MCL 205.75), as amended by 2008 PA 361.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 25. (1) All money received and collected under this act
shall be deposited by the department in the state treasury to the
credit of the general fund, except as otherwise provided in this
section.
(2) Fifteen percent of the collections of the tax imposed at a
rate of 4% shall be distributed to cities, villages, and townships
pursuant to the Glenn Steil state revenue sharing act of 1971, 1971
PA 140, MCL 141.901 to 141.921.
(3) Sixty percent of the collections of the tax imposed at a
rate of 4% shall be deposited in the state school aid fund
established in section 11 of article IX of the state constitution
of 1963 and distributed as provided by law. In addition, all of the
collections of the tax imposed at the additional rate of 2%
approved by the electors March 15, 1994 shall be deposited in the
state school aid fund.
(4)
For Subject to subsection
(5), for the fiscal year ending
September 30, 1988 and each fiscal year ending after September 30,
1988, of the 25% of the collections of the general sales tax
imposed at a rate of 4% directly or indirectly on fuels sold to
propel motor vehicles upon highways, on the sale of motor vehicles,
and on the sale of the parts and accessories of motor vehicles by
new and used car businesses, used car businesses, accessory dealer
businesses, and gasoline station businesses as classified by the
department of treasury remaining after the allocations and
distributions are made pursuant to subsections (2) and (3), the
following amounts shall be deposited each year into the respective
funds:
(a) For the fiscal year ending September 30, 2003 and for the
fiscal year ending September 30, 2006 and each fiscal year ending
after September 30, 2006, not less than 27.9% to the comprehensive
transportation fund. For the fiscal year ending September 30, 2004
through the fiscal year ending September 30, 2005, not less than
24% to the comprehensive transportation fund. For the fiscal year
ending September 30, 2006 only, the amount deposited to the
comprehensive transportation fund under this subdivision shall be
reduced by $11,100,000.00. For the fiscal year ending September 30,
2007 only, the amount deposited to the comprehensive transportation
fund under this subdivision shall be reduced by $10,270,000.00. For
the fiscal year ending September 30, 2008 only, the amount
deposited to the comprehensive transportation fund under this
subdivision shall be reduced by $5,000,000.00 and shall be
deposited in the state treasury to the credit of the general fund.
(b) The balance to the state general fund.
(5) For the fiscal year ending September 30, 2009 and each
fiscal year ending after September 30, 2009, after the allocations
and distributions are made pursuant to subsections (2) and (3), the
amount deposited to the comprehensive transportation fund under
subsection (4) shall be reduced by $30,000,000.00 and shall be
deposited in the state treasury to the credit of the general fund
and shall be distributed, by appropriation, as follows:
(a) 39.1% for deposit into the state trunk line fund created
in section 11 of 1951 PA 51, MCL 247.661.
(b) 39.1% to county road commissions, for road construction,
maintenance, and repair. Funds distributed under this subdivision
shall be distributed in the manner provided in section 12 of 1951
PA 51, MCL 247.662.
(c) 21.8% to cities and villages, for road construction,
maintenance, and repair. Funds distributed under this subdivision
shall be distributed in the manner provided in section 13 of 1951
PA 51, MCL 247.663.
(6) (5)
After the allocations and
distributions are made
pursuant to subsections (2) and (3), an amount equal to the
collections of the tax imposed at a rate of 4% under this act from
the sale at retail of computer software as defined in section 1a
shall be deposited in the Michigan health initiative fund created
in section 5911 of the public health code, 1978 PA 368, MCL
333.5911, and shall be considered in addition to, and is not
intended as a replacement for any other money appropriated to the
department of community health. The funds deposited in the Michigan
health initiative fund on an annual basis shall not be less than
$9,000,000.00 or more than $12,000,000.00.
(7) (6)
The balance in the state general
fund shall be
disbursed only on an appropriation or appropriations by the
legislature.