HOUSE JOINT RESOLUTION HHH

 

July 23, 2008, Introduced by Rep. Hopgood and referred to the Committee on Transportation.

 

     A joint resolution proposing an amendment to the state

 

constitution of 1963, by amending section 8 of article IX, to allow

 

the levy of a sales tax by local units of government and to

 

restrict the use of the proceeds of that tax.

 

     Resolved by the Senate and House of Representatives of the

 

state of Michigan, That the following amendment to the state

 

constitution of 1963, to allow the levy of a sales tax by local

 

units of government and to restrict the use of the proceeds of that

 

tax, is proposed, agreed to, and submitted to the people of the

 

state:

 

ARTICLE IX

 

     Sec. 8. Except as provided in this section, the Legislature

 

shall not impose a sales tax on retailers at a rate of more than 4%

 


of their gross taxable sales of tangible personal property.

 

     Beginning May 1, 1994, the sales tax shall be imposed on

 

retailers at an additional rate of 2% of their gross taxable sales

 

of tangible personal property not exempt by law and the use tax at

 

an additional rate of 2%. The proceeds of the sales and use taxes

 

imposed at the additional rate of 2% shall be deposited in the

 

state school aid fund established in section 11 of this article.

 

The allocation of sales tax revenue required or authorized by

 

sections 9 and 10 of this article does not apply to the revenue

 

from the sales tax imposed at the additional rate of 2%.

 

     No sales tax or use tax shall be charged or collected from and

 

after January 1, 1975 on the sale or use of prescription drugs for

 

human use, or on the sale or use of food for human consumption

 

except in the case of prepared food intended for immediate

 

consumption as defined by law. This provision shall not apply to

 

alcoholic beverages.

 

     Beginning January 1, 2009, a county may impose on retailers a

 

sales tax at a rate of 1% of their gross taxable sales at retail if

 

approved by a majority vote of the qualified electors in that

 

county. Proceeds of the sales tax imposed by a county at a rate of

 

1% shall be used only for road construction, preservation, and

 

maintenance; public transportation and related infrastructure; and

 

nonmotorized transportation infrastructure, as approved by the

 

qualified electors in the county where the tax was collected. In

 

addition to any other requirements imposed by law, the ballot

 

question proposing the authorization of the tax shall specifically

 

state how the proceeds of the tax shall be distributed.

 


     Resolved further, That the foregoing amendment shall be

 

submitted to the people of the state at the next general election

 

in the manner provided by law.