January 17, 2008, Introduced by Reps. Sheltrown, Lahti, LeBlanc, Stahl, Nofs, Stakoe and Walker and referred to the Committee on Tax Policy.
A bill to amend 1933 PA 167, entitled
"General sales tax act,"
by amending section 25 (MCL 205.75), as amended by 2007 PA 69.
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 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.
(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) After the allocations and distributions are made pursuant
to subsections (2) through (5), 1/6 of the collections of the tax
imposed at a rate of 4% under this act on the sale of eligible
sporting goods shall be deposited each year into the Michigan
conservation and recreation legacy fund established under section
40 of article IX of the state constitution of 1963. As used in this
section, "eligible sporting goods" means tangible personal property
designed and sold for use in a sport or sporting activity. Eligible
sporting goods do not include any of the following:
(a) Apparel and footwear, except apparel and footwear suitable
only for use in a sport or sporting activity.
(b) Board games, electronic games, or similar devices.
(c) Aircraft and powered vehicles.
(d) Replacement parts and accessories for any tangible
personal property excluded under subdivisions (a) through (c).
(7) (6)
The balance in the state general
fund shall be
disbursed only on an appropriation or appropriations by the
legislature.