HOUSE BILL No. 5751

 

February 23, 2006, Introduced by Reps. LaJoy, Nitz, Stahl, Marleau, Schuitmaker, Jones, Caswell, Mayes, Nofs, Proos, Vander Veen, Byrum, Kathleen Law, Anderson, Gosselin, Sheltrown, Ball, Polidori, Hune, Taub, Green, Bennett, Bieda, Espinoza, Sak, David Law, Miller, Kooiman, Hildenbrand, Williams, Brown, Adamini, McConico, Hunter, Hood, Gillard, Murphy, Virgil Smith, Cushingberry, Accavitti, Farrah, Alma Smith, Tobocman, Hummel, Waters, Zelenko, Condino, Gleason, Whitmer, Sheen, Moore, Van Regenmorter, Walker, Moolenaar, Hansen, Pearce, Emmons, Stakoe, Amos, Palsrok, Pastor, Gaffney, Meyer, Elsenheimer, Garfield, Brandenburg, Palmer, Newell, Mortimer, Farhat and Wenke and referred to the Committee on Agriculture.

 

     A bill to amend 2000 PA 403, entitled

 

"Motor fuel tax act,"

 

by amending section 8 (MCL 207.1008), as amended by 2002 PA 668.

 

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

 

     Sec. 8. (1) Subject to the exemptions provided for in this

 

act, tax is imposed on motor fuel imported into or sold, delivered,

 

or used in this state at the following rates:

 

     (a)  Nineteen  Except as provided in subdivision (c), 19 cents

 

per gallon on gasoline.

 

     (b)  Fifteen  Except as otherwise provided in subdivision (d),

 

15 cents per gallon on diesel fuel.

 

     (c) Twelve cents per gallon on gasoline that is at least 85%

 

ethanol.

 

     (d) Twelve cents per gallon on diesel fuel that contains at

 

least 5% biodiesel.

 


     (2) Tax shall not be imposed under this section on motor fuel

 

that is in the bulk transfer/terminal system.

 

     (3) The collection, payment, and remittance of the tax imposed

 

by this section shall be accomplished in the manner and at the time

 

provided for in this act.

 

     (4) Tax is also imposed at the rate described in subsection

 

(1)(a) or (b) on net gallons of motor fuel, including transmix,

 

lost or unaccounted for, at each terminal in this state. The tax

 

shall be measured annually and shall apply to the net gallons of

 

motor fuel lost or unaccounted for that are in excess of 1/2 of 1%

 

of all net gallons of fuel removed from the terminal across the

 

rack or in bulk.

 

     (5) It is the intent of this act:

 

     (a) To require persons who operate a motor vehicle on the

 

public roads or highways of this state to pay for the privilege of

 

using those roads or highways.

 

     (b) To impose on suppliers a requirement to collect and remit

 

the tax imposed by this act at the time of removal of motor fuel

 

unless otherwise specifically provided in this act.

 

     (c) To allow persons who pay the tax imposed by this act and

 

who use the fuel for a nontaxable purpose to seek a refund or claim

 

a deduction as provided in this act.

 

     (d) That the tax imposed by this act be collected and paid at

 

those times, in the manner, and by those persons specified in this

 

act.

 

     (6) Beginning on the effective date of the amendatory act that

 

added this section, the director shall annually determine the

 


difference between the amount of motor fuel tax collected and the

 

amount of motor fuel tax that would have been collected but for the

 

differential rates on gasoline pursuant to subsection (1)(c) and

 

biodiesel fuel pursuant to subsection (1)(d). Subsection (1)(c) and

 

(d) are no longer effective the earlier of 10 years after the

 

effective date of the amendatory act that added this subsection or

 

the date that the director certifies that the total cumulative rate

 

differential from the effective date of this amendatory act is

 

greater than $2,500,000.00. The legislature shall appropriate the

 

amount determined as the rate differential by the director annually

 

to the Michigan transportation fund created in 1951 PA 51, MCL

 

247.651 to 247.675. If the legislature does not annually

 

appropriate the amount determined as the rate differential by the

 

director, subsection (1)(c) and (d) are no longer effective

 

beginning the first fiscal year after the year in which the annual

 

appropriation required under this section is not made.