April 5, 2007, Introduced by Rep. Gillard and referred to the Committee on Health Policy.
A bill to amend 1933 PA 167, entitled
"General sales tax act,"
by amending sections 4g and 25 (MCL 205.54g and 205.75), section 4g
as amended by 2004 PA 173 and section 25 as amended by 2006 PA 69.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 4g. (1) The following are exempt from the tax under this
act:
(a) Sales of drugs for human use that can only be legally
dispensed by prescription or food or food ingredients, except
prepared food intended for immediate human consumption.
(b) The deposit on a returnable container for a beverage or
the deposit on a carton or case that is used for returnable
containers.
(c) Food or tangible personal property purchased under the
federal food stamp program or meals eligible to be purchased under
the federal food stamp program.
(d) Fruit or vegetable seeds and fruit or vegetable plants if
purchased at a place of business authorized to accept food stamps
by the food and nutrition service of the United States department
of agriculture or a place of business that has made a complete and
proper application for authorization to accept food stamps but has
been denied authorization and provides proof of denial to the
department of treasury.
(e) Live animals purchased with the intent to be slaughtered
for human consumption.
(2) Food or drink heated or cooled mechanically, electrically,
or by other artificial means to an average temperature above 75
degrees Fahrenheit or below 65 degrees Fahrenheit before sale and
sold from a vending machine, except milk, nonalcoholic beverages in
a sealed container that are not carbonated soft drinks, and fresh
fruit, is subject to the tax under this act. The tax due under this
act on the sale of food or drink from a vending machine selling
both taxable items and items exempt under this subsection shall be
calculated under this act based on 1 of the following as determined
by the taxpayer:
(a) Actual gross proceeds from sales at retail.
(b) Forty-five percent of proceeds from the sale of items
subject to tax under this act or exempt from the tax levied under
this act, other than from the sale of carbonated beverages.
(3) "Food and food ingredients" means substances, whether in
liquid, concentrated, solid, frozen, dried, or dehydrated form,
that are sold for ingestion or chewing by humans and are consumed
for their taste or nutritional value. Food and food ingredients do
not include alcoholic beverages, carbonated soft drinks, and
tobacco.
(4) "Prepared food" means the following:
(a) Food sold in a heated state or that is heated by the
seller.
(b) Two or more food ingredients mixed or combined by the
seller for sale as a single item.
(c) Food sold with eating utensils provided by the seller,
including knives, forks, spoons, glasses, cups, napkins, straws, or
plates, but not including a container or packaging used to
transport the food.
(5) Prepared food does not include the following:
(a) Food that is only cut, repackaged, or pasteurized by the
seller.
(b) Raw eggs, fish, meat, poultry, and foods containing those
raw items requiring cooking by the consumer in recommendations
contained in section 3-401.11 of part 3-4 of chapter 3 of the 2001
food code published by the food and drug administration of the
public health service of the department of health and human
services, to prevent foodborne illness.
(c) Food sold in an unheated state by weight or volume as a
single item, without eating utensils.
(d) Bakery items, including bread, rolls, buns, biscuits,
bagels, croissants, pastries, doughnuts, danish, cakes, tortes,
pies, tarts, muffins, bars, cookies, and tortillas, sold without
eating utensils.
(6) "Prepared food intended for immediate consumption" means
prepared food.
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 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.
(b) The balance to the state general fund.
(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.
(6) For the fiscal year ending September 30, 2008 and each
fiscal year thereafter, after the allocations and distributions are
made pursuant to subsections (2) through (5), an amount equal to
the collections of the tax imposed at a rate of 4% under this act
on the sale of carbonated soft drinks shall be deposited into the
Michigan catastrophic health care fund.
(7) (6)
The balance in the state general
fund shall be
disbursed only on an appropriation or appropriations by the
legislature.