SENATE BILL No. 291

 

 

March 9, 2005, Introduced by Senator SWITALSKI and referred to the Committee on Finance.

 

 

 

     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 cents per gallon on gasoline.

 

     (b)  Fifteen  Before January 1, 2006, 15 cents per gallon on

 

diesel fuel.

 

     (c) On and after January 1, 2006, 19 cents per gallon on

 

diesel fuel.

 

     (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.

 

     Enacting section 1.  This amendatory act does not take effect

 

unless Senate Bill No. 292                                   

 

            of the 93rd Legislature is enacted into law.