Bill Text: MI HB5492 | 2013-2014 | 97th Legislature | Introduced
Bill Title: Use tax; distribution; 1% of use tax revenue; earmark to road funding. Amends sec. 21 of 1937 PA 94 (MCL 205.111). TIE BAR WITH: SB 0822'14
Spectrum: Partisan Bill (Republican 1-0)
Status: (Passed) 2014-12-31 - Assigned Pa 474'14 With Immediate Effect 2014 Addenda [HB5492 Detail]
Download: Michigan-2013-HB5492-Introduced.html
HOUSE BILL No. 5492
April 29, 2014, Introduced by Rep. Poleski and referred to the Committee on Tax Policy.
A bill to amend 1937 PA 94, entitled
"Use tax act,"
by amending section 21 (MCL 205.111), as amended by 2010 PA 37.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec.
21. (1) Except as provided in subsections (2), and (3),
(4), and (5), all money received and collected under this act shall
be deposited by the department of treasury in the state treasury to
the credit of the general fund, to be disbursed only by
appropriations by the legislature.
(2) The collections from the use tax imposed at the additional
rate of 2% approved by the electors March 15, 1994 shall be
deposited in the state school aid fund established in section 11 of
article IX of the state constitution of 1963.
(3)
For the fiscal year ending September 30, 2010 only,
$9,500,000.00
shall be deposited by the department of treasury into
the
Michigan promotion fund. As used in this subsection, "Michigan
promotion
fund" means the fund created in section 39 of the
Michigan
strategic fund act, 1984 PA 270, MCL 125.2039.
(3) From the money received and collected under this act for
the state share, an amount equal to all revenue lost under the
state education tax act, 1993 PA 331, MCL 211.901 to 211.906, and
all revenue lost from basic school operating mills as a result of
the exemption of personal property under sections 9m, 9n, and 9o of
the general property tax act, 1893 PA 206, MCL 211.9m, 211.9n, and
211.9o, as determined by the department, shall be deposited into
the state school aid fund established by section 11 of article IX
of the state constitution of 1963. Funds deposited into the state
school aid fund under this subsection shall not include the portion
of the state share of the use tax imposed at the additional rate of
2% approved by the electors of this state on March 15, 1994 and
dedicated for aid to schools under subsection (2).
(4) Money received and collected under this act for the local
community stabilization share is not state funds, shall not be
credited to the state treasury, and shall be transmitted to the
authority for deposit in the treasury of the authority, to be
disbursed by the authority only as authorized under the local
community stabilization authority act. The local community
stabilization share is a local tax, not a state tax, and money
received and collected for the local community stabilization share
is money of the authority and not money of this state.
(5) From the money received and collected under this act
remaining after the distributions under subsections (2) and (3), an
amount equal to 50% of the amount deposited in the school aid fund
established in section 11 of article IX of the state constitution
of 1963 under subsection (2) shall be distributed to the state
trunk line fund, county road commissions, and the cities and
villages of this state, in the same percentages described in
section 10(1)(j) of 1951 PA 51, MCL 247.660, and shall be used for
the purposes provided in 1951 PA 51, MCL 247.651 to 247.675.
Enacting section 1. This amendatory act does not take effect
unless Enrolled Senate Bill No. 822, 2014 PA 80, of the 97th
Legislature is approved by a majority of the registered and
qualified electors of this state voting on the question at an
election to be held on the August regular election date in 2014.
Enacting section 2. It is the intent of the Legislature that
the distribution of money received and collected under the use tax
act, 1937 PA 94, MCL 205.91 to 205.111, provided for in section
21(5) of the use tax act, 1937 PA 94, MCL 205.111, as added by this
amendatory act, shall apply only to the state share of the money
received and collected under the use tax act, 1937 PA 94, MCL
205.91 to 205.111, as described in section 3 of the use tax act,
1937 PA 94, MCL 205.93, and shall take place after distributions of
money received and collected under the use tax act, 1937 PA 94, MCL
205.91 to 205.111, to the state school aid fund as provided in
section 21(2) and (3) of the use tax act, 1937 PA 94, MCL 205.111.
