Bill Text: MI HB5292 | 2009-2010 | 95th Legislature | Introduced

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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

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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.